2.2 Program Accessibility in Existing Facilities. Responsible Service and recipient officials must ensure that reasonable accommodations are provided to persons with disabilities in existing facilities that receive Federal financial assistance from the Service. Program accessibility to persons with disabilities includes but is not limited to modification of equipment and devices or providing interpreters/readers, as appropriate.

2.3 Undue Financial and Administrative Burdens.

A. If a recipient believes that providing accessibility to a program or activity would create an undue financial and administrative burden, the recipient must prove that providing such accessibility would negatively impact the nature of the program or activity or cause undue hardship on the recipient.

(1) When determining if undue financial and administrative burdens would occur due to modifications or alteration, all available resources for use in funding the program are considered.

(2) The Departmental Office for Equal Opportunity makes the final decision(s) as to whether making a program, activity or facility accessible would place an undue financial/administrative burden on the recipient. The decision is made in writing and includes reasons for the decision.

B. If a decision to make a program or activity accessible fundamentally alters the nature of the program or activity, or results in an undue financial and administrative burden, the recipient is still required to take action, without incurring an undue financial and administrative burden, to open participation in the specific program or activity to individuals with disabilities to the fullest extent possible. Participation may be provided by:

(1) relocating a program or activity to an accessible location;

(2) reassignment of service to an accessible location;

(3) assignment of aides, e.g., interpreters; or

(4) an alternative method of participation, for example:

(a) television monitors in an accessible location which show the picture of a view being taken by a video camera from an inaccessible location;

(b) photograph albums;

(c) films; or

(d) slide presentations.

2.4 Program Accessibility in New Construction and Alterations. Responsible Service and recipient officials must ensure that every building or part of a building that is constructed or altered on behalf of or for the use of a recipient is designed or altered to be readily accessible and usable by individuals with disabilities.