Subpart A--Nondiscrimination in Federally Assisted
Programs of the Department of Agriculture --
Effectuation of Title VI of the
Civil Rights Act of 1964
Source: 29 FR 16274, Dec. 4, 1964; 29 FR 16966, Dec. 11, 1964,
unless otherwise noted.
Sec. 15.1 Purpose and application of
part.
(a) The purpose of the regulations in this part is to
effectuate the
provisions of title VI of the Civil Rights Act of 1964
(hereinafter
referred to as the ``Act'') to the end that no person in the
United
States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied
the benefits of, or be
otherwise subjected to discrimination under any
program or activity of an
applicant or recipient receiving Federal
financial assistance from the
Department of Agriculture or any Agency
thereof.
(b) The regulations in
this part apply to any program or activity of
an applicant or recipient for
which Federal financial assistance is
authorized under a law administered by
the Department including, but not
limited to, the Federal financial
assistance listed in the appendix to
this part. They apply to money paid,
property transferred, or other
Federal financial assistance extended to an
applicant or recipient for
its program or activity after the effective date
of these regulations
pursuant to an application approved or statutory or
other provision made
therefor prior to such effective date. The regulations
in this part do
not apply to (1) any Federal financial assistance by way of
insurance or
guaranty contract, (2) money paid, property transferred, or
other
assistance extended prior to the effective date of the regulations in
this part, (3) any assistance to an applicant or recipient who is an
ultimate beneficiary under any such program, or (4) except as provided
in Sec. 15.3(c), any employment practice of any employer, employment
agency or labor organization. The fact that a specific kind of Federal
financial assistance is not listed in the appendix, shall not mean, if
title VI of the Act is otherwise applicable, that such Federal financial
assistance is not covered. Other Federal financial assistance under
statutes now in force or hereinafter enacted may be added to this list
by notice approved and issued by the Secretary and published in the
Federal Register.
[29 FR 16274, Dec. 4, 1964, as amended at 38 FR
17925, July 5, 1973]
Sec. 15.2 Definitions.
(a)
Department means the Department of Agriculture, and includes
each of its
operating agencies and other organizational units.
(b) Agency means any
service, bureau, agency, office,
administration, instrumentality of or
corporation within the U.S.
Department of Agriculture extending Federal
financial assistance to any
program or activity, or any officer or employee
of the Department to
whom the Secretary delegates authority to carry out any
of the functions
or responsibilities of an agency under this part.
(c)
Secretary means the Secretary of Agriculture or any officer or
employee of
the Department to whom the Secretary has heretofore
delegated, or to whom
the Secretary may hereafter delegate, the
authority to act in his stead
under the regulations in this part.
(d) Hearing Officer means a hearing
examiner appointed pursuant to 5
U.S.C. 3105, and designated to hold
hearings under the regulations in
this part or any person authorized to hold
a hearing and make a final
decision under the regulations in this
part.
(e) Recipient means any State, political subdivision of any State,
or instrumentality of any State or political subdivision, any public or
private agency, institution, or organization, or other entity or any
individual in any State, to whom Federal financial assistance is
extended, directly or through another recipient, for any program,
including any successor, assignee, or transferee thereof, but such term
does not include any ultimate beneficiary under any such program.
(f)
Primary recipient includes any recipient which is authorized or
required to
extend Federal financial assistance to another recipient for
the purpose of
carrying out a program.
(g) Federal financial assistance or financial
assistance includes
(1) grants and loans of Federal funds, (2) the grant or
donation of
Federal property and interests in property, (3) the detail of
Federal
personnel, (4) the sale and lease of, and the permission to use (on
other than a casual or transient basis), Federal property or any
interest in such property or the furnishing of services without
consideration or at a nominal consideration, or at a consideration which
is reduced for the purpose of assisting the recipient, or in recognition
of the public interest to be served by such sale, lease or furnishing of
services to the recipient, and (5) any Federal agreement, arrangement,
or other contract which has as one of its purposes the provision of
assistance.
(h) Grant, loan or contract includes any grant, loan
agreement or
commitment to loan, contract or agreement to provide financial
assistance or any other arrangement between the Department or any Agency
and a recipient of financial assistance.
(i) United States means the
States of the United States, the
District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa,
Guam, Wake Island, the Canal Zone, and the
territories and possessions
of the United States, and the term State means
any one of the foregoing.
(j) Applicant means one who submits an application,
request, or plan
required to be approved by an Agency, or by a primary
recipient, as a
condition to eligibility for Federal financial assistance,
and
application means such an application, request, or plan.
(k) Program
includes any program, project, or activity for the
provision of services,
financial aid, or other benefits to individuals
(whether provided through
employees of the recipient of Federal
financial assistance or provided by
others through contracts or other
arrangements with the recipient, and
including work opportunities and
cash or loan or other assistance to
individuals), for the provision of
facilities for furnishing services,
financial aid or other benefits to
individuals. The services, financial aid,
or other benefits provided
under a program receiving Federal financial
assistance shall be deemed
to include any services, financial aid, or other
benefits provided with
the aid of Federal financial assistance or with the
aid of any non-
Federal funds, property, or other resources required to be
expended or
made available for the program to meet matching requirements or
other
conditions which must be met in order to receive the Federal financial
assistance, and to include any services, financial aid, or other
benefits provided in or through a facility provided with the aid of
Federal financial assistance or such non-Federal resources.
(l) Facility
includes all or any portion of structures, equipment,
or other real or
personal property or interests therein, and the
provision of facilities
includes the construction, expansion,
renovation, remodeling, alteration or
acquisition of facilities.
[29 FR 16274, Dec. 4, 1964, as amended at 36
FR 3411, Feb. 24, 1971; 38
FR 17925, July 5, 1973]
Sec. 15.3
Discrimination prohibited.
(a) General. No person in the United
States shall, on the ground of
race, color, or national origin, be excluded
from participation in, be
denied the benefits of, or be otherwise subjected
to discrimination
under any program or activity of the applicant or
recipient to which
these regulations apply. These regulations apply, but are
not
restricted, to unequal treatment in priority, quality, quantity, methods
or charges for service, use, occupancy or benefit, participation in the
service or benefit available, or in the use, occupancy or benefit of any
structure, facility, or improvement.
(b) Specific discriminatory actions
prohibited. (1) A recipient
under any program to which the regulations in
this part apply may not,
directly or through contractual or other
arrangements on the ground of
race, color, or national origin:
(i) Deny
an individual any service, financial aid, or other benefit
provided under
the program;
(ii) Provide any service, financial aid, or other benefit, to an
individual which is different, or is provided in a different manner,
from that provided to others under the program;
(iii) Subject an
individual to segregation or separate treatment in
any matter related to his
receipt of any service, financial aid, or
other benefit under the
program;
(iv) Restrict an individual in any way in the enjoyment of any
advantage or privilege, enjoyed by others receiving any service,
financial aid, or other benefit under the program;
(v) Treat an
individual differently from others in determining
whether he satisfies any
admission, enrollment, quota, eligibility,
membership or other requirement
or condition which individuals must meet
in order to be provided any
service, financial aid, or other benefit
provided under the program;
(vi)
Deny an individual an opportunity to participate in the program
through the
provisions of services or otherwise or afford him an
opportunity to do so
which is different from that afforded others under
the program (including
the opportunity to participate in the program as
an employee but only to the
extent set forth in paragraph (c) of this
section).
(vii) Deny a person
the opportunity to participate as a member of a
planning or advisory body
which is an integral part of the program.
(2) A recipient, in determining the
types of services, financial
aid, or other benefits, or facilities which
will be provided under any
such program, or the class of individuals to
whom, or the situations in
which, such services, financial aid, other
benefits, or facilities will
be provided under any such program or the class
of individuals to be
afforded an opportunity to participate in any such
program, may not,
directly or through contractual or other arrangements,
utilize criteria
or methods of administration which have the effect of
subjecting
individuals to discrimination because of their race, color, or
national
origin, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program as respects individuals
of a particular race, color, or national origin.
(3) In determining the
site or location of facilities, an applicant
or recipient may not make
selections with the purpose or effect of
excluding individuals from, denying
them the benefits of, or subjecting
them to discrimination under any of its
activities or programs to which
the regulations in this part apply, on the
grounds of race, color, or
national origin; or with the purpose or effect of
defeating or
substantially impairing the accomplishment of the objectives of
the Act
and the regulations in this part.
(4) As used in this section,
the services, financial aid, or other
benefit provided under a program or
activity of an applicant or
recipient receiving Federal financial assistance
shall be deemed to
include any and all services, financial aid, or other
benefit provided
in or through a facility provided or improved in whole or
part with the
aid of Federal financial assistance.
(5) The enumeration of
specific forms of prohibited discrimination
in these regulations does not
limit the applicability of the provisions
of paragraph (a) of this
section.
(6)(i) In administering a program regarding which the recipient has
previously discriminated against persons on the ground of race, color,
or national origin, the recipient must take affirmative action to
overcome the effects of prior discrimination.
(ii) Even in the absence of
such prior discrimination, a recipient
in administering a program may take
affirmative action to overcome the
effects of conditions which resulted in
limiting participation by
persons of a particular race, color or national
origin.
(c) Employment practices. Where a primary objective of the Federal
financial assistance to a program to which the regulations in this part
apply is to provide employment, a recipient may not, directly or through
contractual or other arrangements, subject an individual to
discrimination on the ground of race, color, or national origin in its
employment practices under the program including recruitment or
recruitment advertising, employment, layoff or termination, upgrading,
demotion, or transfer, rates of pay or other forms of compensation, and
use of facilities. This paragraph applies to programs where a primary
objective of the Federal financial assistance is (1) to reduce
unemployment, (2) to assist individuals in meeting expenses incident to
the commencement or continuation of their education or training, or (3)
to provide work experience which contributes to education or training.
Where a primary objective of the Federal financial assistance is not to
provide employment, but discrimination on the grounds of race, color, or
national origin in the employment practices of the recipient or other
persons subject to the regulations in this part, tends, on the grounds
of race, color, or national origin, to exclude individuals from
participation in, to deny them the benefits of, or to subject them to
discrimination under any program or activity of the applicant or
recipient to which these regulations apply, the foregoing provisions of
this Sec. 15.3(c) shall apply to
the employment practices of the
recipient or other persons subject to
these regulations, to the extent
necessary to assure equality of
opportunity to, and nondiscriminatory
treatment of, beneficiaries. The
requirements applicable to construction
employment under any program or
activity of the applicant or recipient shall
be those specified in or
pursuant to part III of Executive Order 11246 or
any Executive order
which supersedes it.
(d) Examples. In order that all
parties may have a clear
understanding of the applicability of the
regulations in this part to
their activities, there are listed in this
section programs and
activities together with illustrations, by way of
example only, of types
of activity covered by the regulations in this part.
These illustrations
and examples, however, are not intended to be all
inclusive. The fact
that a particular program is not listed does not, of
course, indicate
that it is not covered by the regulations in this part.
Moreover, the
examples set forth with respect to any particular listed
program are not
limited to that program alone and the prohibited actions
described may
also be prohibited in other programs or activities whether or
not listed
below.
(1) Cooperative agricultural extension program. (i)
Discrimination
in making available or in the manner of making available
instructions,
demonstrations, information, and publications offered by or
through the
Cooperative Extension Service;
(ii) Discrimination in the use
in any program or activity of the
Cooperative Extension Service of any
facility, including offices,
training facilities, lecture halls, or other
structures or improvements;
or
(iii) Discrimination in training
activities, admission to or
participation in fairs, competitions, field
days, and encampments,
conducted or sponsored by, or in which the
Cooperative Extension Service
participates.
(2) Rural electrification and
rural telephone programs. (i) Refusal
or failure by a borrower to accept
applications for membership or
applications to purchase shares of stock, or
discrimination by a
borrower in the terms and conditions of membership or
stock ownership,
where such membership or stock ownership is a condition
prerequisite to
the furnishing of electric or telephone service by the
borrower, or to
the receipt of any benefits or advantages related to such
service;
(ii) Refusal or failure by a borrower to extend, or discrimination
by a borrower in the extension of, electric or telephone service to
unserved persons;
(iii) Denial by a borrower to any person of the
benefits of
improvement, expansion or upgrading, or discrimination by a
borrower
among consumers or subscribers in improving, expanding or
upgrading, of
electric or telephone service;
(iv) Discrimination by a
borrower in respect of rates, or terms or
conditions of, service among
consumers or subscribers;
(v) Exclusion by a borrower of any member or
stockholder, if the
borrower is a cooperative or mutual type of corporation,
from
participation in any meeting of members or stockholders of the
borrower,
discrimination among its members or stockholders in respect of the
exercise of any of their rights as members or stockholders, or in the
manner of the exercise of such rights; or
(vi) Exclusion by a borrower of
any consumer or subscriber from,
denial by a borrower to any consumer or
subscriber of the use of, or
discrimination by a borrower against any
consumer or subscriber in his
use of, any of the borrower's
facilities.
(3) Direct distribution program. (i) Exclusion of an otherwise
eligible recipient agency (school, summer camp for children,
institution, welfare agency or disaster organization) or person from
participation in the direct distribution program.
(ii) Discrimination in
the allocation of food to eligible persons.
(iii) Discrimination in the
manner in which or the place or times at
which foods donated under the
program are distributed by recipient
agencies to eligible persons.
(iv)
Segregation of persons served in different meal periods or by
different
seating or serving or different food or different size
portions by recipient
agencies serving prepared meals containing donated
foods.
(4) National
school lunch program. (i) Discrimination by a State
agency in the selection
of schools to participate in the program or in
the assignment to schools of
rates of reimbursement.
(ii) Exclusion of any child from participation in the
program.
(iii) Discrimination by school officials in the selection of
children to receive free or reduced-price lunches.
(iv) Segregation of
participating children in different lunch
periods or different seating, and
discrimination by serving different
food or different size portions.
(v)
Failure to offer free and reduced-price lunches, on an equitable
basis in
schools of a school district in which children are assigned to
schools on
the basis of race, color, or national origin.
(5) Food stamp program. (i)
Discrimination by a State agency in
certifying households as eligible for
the program.
(ii) Segregation or other discrimination in the manner in which
or
the times at which eligible households are issued food coupons.
(6)
Special milk program for children. (i) Discrimination by a State
agency in
the selection of schools and child-care institutions to
participate in the
program.
(ii) Discrimination by a State agency in the selection of needy
schools to receive reimbursement for milk served free.
(iii)
Discrimination by a State agency in the assignment of
reimbursement rates to
schools and child-care institutions or in the
adjustment of such rates, or
in fixing allowable distribution costs.
(iv) Exclusion of any child from
participation in the program and
segregation of participating children in
different serving periods or
different places of service.
(v)
Discrimination by school officials or child-care institutions in
the
selection of children to receive free milk.
(7) Price support programs
carried out through producer associations
or cooperatives or through persons
who are required to provide specified
benefits to producers. (i) Denial of
the benefits of price support for a
producers commodity.
(ii) Denial of
membership or stock ownership to any producer by any
association or
cooperative.
(iii) Discrimination among producers in the manner of making or
paying any price support advances, loans, or payments.
(iv)
Discrimination in the fees or charges collected from or in the
net gains
distributed to producers.
(v) Discrimination in the use of facilities and
services generally
made available to members or patrons under the price
support program.
(8) Forest service programs. (i) Refusal or failure by a
recipient
of a permit or lease to provide to any person the benefits from
the use
of land administered by the Forest Service, the resources therefrom,
or
improvements thereon.
(ii) Refusal or failure by any recipient to
provide to any person
the benefits from Federal payments based on a share of
the receipts from
lands administered by the Forest Service.
(iii) Refusal
or failure by any recipient to provide to any person
the benefits from
Federal assistance in cooperative programs for the
protection, development,
management, and use of forest resources.
(iv) Refusal or failure by any
cooperator or other recipient to
provide to any person the benefits from
Federal assistance through
grants or advances of funds for research.
(9)
Farmers Home Administration programs--(i) Direct soil and water
loans to
association. (a) A borrower's denial of, or discrimination in
furnishing,
services under a program or activity financed wholly or
partially with the
aid of the loan, as in the case of a water supply
system.
(b) A
borrower's denial of, or discrimination or segregation in
permitting, the
use of facilities which are part of a project financed
wholly or partially
with the aid of the loan, as in the case of a golf
course, swimming pool,
tennis courts, parking areas, lounges, dining
rooms, and rest rooms of a
recreation association.
(c) Discrimination by a borrower in the terms and
conditions of
membership or stock ownership, or refusal or failure of a
borrower to
accept applications for membership or for purchase of shares of
stock,
or discrimination by a borrower in acting or failing to act upon such
applications, where such membership or stock ownership is a
prerequisite
to the participation in services furnished by, or the use
of facilities of,
the borrower which are financed wholly or partially
with the aid of the loan
or to the receipt of any benefits or advantages
related to such services or
the use of such facilities.
(d) Denial or impairment by a borrower of any
person's rights as a
member or stockholder of the borrower, or borrower's
discrimination
against or segregation of persons in the exercise of their
rights as
members or stockholders of the borrower.
(ii) Direct senior
citizens rental housing loans to private
nonprofit corporations and consumer
cooperatives. (a) A borrower's
exclusion of any person from, discrimination
in the terms and conditions
of eligibility for, or discrimination against or
segregation of any
person in, the use and occupancy of the housing and
related facilities
financed wholly or partially with the aid of the
loan.
(b) Discrimination by a borrower in the terms and conditions of
membership or stock ownership, or refusal or failure of a borrower to
accept applications for membership or for purchase of shares of stock,
or discrimination by a borrower in acting or failing to act upon such
applicattions, where such membership or stock ownership is a condition
of eligibility for use and occupancy of the housing and related
facilities financed wholly or partially with the aid of the loan or to
the receipt of any benefits or advantages related to such housing or
facilities.
(c) Denial or impairment by a borrower of any person's rights
as a
member or stockholder of the borrower, or a borrower's discrimination
against or segregation of persons in the exercise of their rights as
members or stockholders of the borrower.
(10) Cooperative State research
programs. (i) Discrimination in
making available information whether
published or provided through
public or private statement, correspondence,
demonstration or field day.
(ii) Discrimination in participation in any
cooperative research
program or project.
(iii) Discrimination in the use
of any facility, including offices,
laboratories, or other structures, or
research plots or fields.
(iv) Discrimination in employment of graduate
students to conduct
research when such students receive substantial research
training
benefits as a result of such employment.
[29 FR 16274, Dec.
4, 1964, as amended at 35 FR 18383, Dec. 3, 1970; 38
FR 17925, July 5,
1973]
Sec. 15.4 Assurances required.
(a) General.
(1) Every application for Federal financial assistance
to carry out a
program to which these regulations apply, except a
program to which
paragraph (b) of this section applies, and every
application for Federal
financial assistance to provide a facility,
shall as a condition to its
approval and the extension of any Federal
financial assistance pursuant to
the application, contain or be
accompanied by an assurance that the
applicant's program or activity
will be conducted or the facility operated
in compliance with all
requirements imposed by or pursuant to the Act and
the regulations in
this part. In the case where the Federal financial
assistance is to
provide or is in the form of personal property, or real
property or
interest therein, or structures thereon, the assurance shall
obligate
the recipient, or, in the case of a subsequent transfer, the
transferee,
for the period during which the property is used for the purpose
for
which the Federal financial assistance is extended or for another
purpose involving the provision of similar services and benefits or for
as long as the recipient retains ownership or possession of the
property, whichever is longer. In all other cases, the assurance shall
obligate the recipient for the period during which Federal financial
assistance is extended pursuant to the application. The Agency shall
specify the form of the foregoing assurances and the extent to which
like assurances will be required of subgrantees, contractors, and
subcontractors, successors in interest and other participants. Any such
assurance shall include provisions which give the United States a right
to seek its judicial enforcement.
(2) In the case of real property,
structures, or improvements
thereon, or interests therein, which was
acquired
through Federal financial assistance, or in the case where Federal
financial assistance is provided in the form of a transfer of real
property or interest therein from the Federal Government, the instrument
effecting or recording the transfer shall contain a covenant running
with the land assuring nondiscrimination for the period during which the
real property is used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the provision of
similar services or benefits, or for as long as the recipient retains
ownership or possession of the property, whichever is longer. Where no
transfer of property is involved, but property is improved through
Federal financial assistance, the recipient shall agree to include such
a covenant in any subsequent transfer of such property. Where the
property is obtained from the Federal Government, such covenant may also
include a condition coupled with a right to be reserved by the Agency to
revert title to the property in the event of a breach of the covenant
where, in the discretion of the Agency concerned, such a condition and
right of reverter is appropriate to the purposes of the Federal
financial assistance under which the real property is obtained and to
the nature of the grant and the grantee. In such event, if a transferee
of real property proposes to mortgage or otherwise encumber the real
property as security for financing construction of new, or improvement
of existing, facilities on such property for the purposes for which the
property was transferred, the Agency may agree, upon request of the
transferee and if necessary to accomplish such financing, and upon such
conditions as it deems appropriate to forbear the exercise of such right
to revert title for so long as the lien of such mortgage or other
encumbrance remains effective.
(3) Transfers of surplus property are
subject to regulations issued
by the Administrator of General Services (41
CFR 101-6.2).
(b) Every application by a State or a State Agency, including a
State Extension Service, but not including an application for aid to an
institution of higher education, to carry out its program or activity
involving continuing Federal financial assistance to which the
regulations in this part apply shall as a condition to its approval and
the exension of any Federal financial assistance pursuant to the
application (1) contain or be accompanied by a statement that the
program is (or, in the case of a new program, will be) conducted in
compliance with all requirements imposed by or pursuant to this part,
and (2) provide or be accompanied by provision for such methods of
administration for the program as are found by the Agency to give
reasonable assurance that the applicant and all recipients of Federal
financial assistance under such program will comply with all
requirements imposed by or pursuant to the regulations in this part:
Provided, That where no application is required prior to payment, the
State or State Agency, including a State Extension Service, shall, as a
condition to the extension of any Federal financial assistance, submit
an assurance complying with the requirements of paragraphs (b)(1) and
(2) of this section.
(c) Assurances from institutions. The assurance
required with
respect to an institution of higher education, or any other
institution,
insofar as the assurance relates to the institution's practices
with
respect to admission or other treatment of individuals or to the
opportunity to participate in the provision of services or other
benefits to such individuals, shall be applicable to the entire
institution unless the applicant establishes, to the satisfaction of the
Agency, that the institution's practices in designated parts or programs
of the institution will in no way affect its practices in the program of
the institution for which Federal financial assistance is sought, or the
beneficiaries of or participants in such program. If in any such case
the assistance sought is for the construction of a facility or part of a
facility, the assurance shall in any event extend to the entire facility
and to facilities operated in connection therewith.
(d) Recipients other
than applicants. Each recipient not required to
submit an application for
Federal financial assistance, shall furnish,
as a condition to the extension
of any such assistance, an assurance or
statement as is
required of
applicants under paragraphs (a), (b)(1) and (2) of this
section.
(e)
Elementary and secondary schools. The requirements of paragraphs
(a), (b),
or (d) of this section with respect to any elementary or
secondary school or
school system shall be deemed to be satisfied if
such school or school
system (1) is subject to a final order of a court
of the United States for
the desegregation of such school or school
system, and provides an assurance
that it will comply with such order,
including any future modification of
such order, or (2) submits a plan
for the desegregation of such school or
school system which the
responsible official of the Department of Health,
Education, and Welfare
determines is adequate to accomplish the purposes of
the Act and this
part, and provides reasonable assurance that it will carry
out such
plan; in any case of continuing Federal financial assistance the
said
responsible official of the Department of Health, Education, and
Welfare
may reserve the right to redetermine, after such period as may be
specified by him, the adequacy of the plan to accomplish the purposes of
the Act and this part within the earliest practical time. In any case in
which a final order of a court of the United States for the
desegregation of such school or school system is entered after
submission of such a plan, such plan shall be revised to conform to such
final order, including any future modification of such order.
[29 FR
16274, Dec. 4, 1964, as amended at 32 FR 3967, Mar. 11, 1967; 35
FR 18383,
Dec. 3, 1970; 38 FR 17926, July 5, 1973]
Sec. 15.5
Compliance.
(a) Cooperation and assistance. Each Agency shall to
the fullest
extent practicable seek the cooperation of recipients in
obtaining
compliance with the regulations and this part and shall provide
assistance and guidance to recipients to help them comply voluntarily
with the regulations in this part. As a normal part of the
administration of programs covered by the regulations in this part,
designated personnel will in their program reviews and other activities
or as specifically directed by the Agency, review the activities of
recipients to determine whether they are complying with the regulations
in this part. Reports by such personnel shall include statements
regarding compliance and instances, if any, of noncompliance. In the
event of noncompliance, the Agency shall seek to secure voluntary
compliance by all appropriate means.
(b) Compliance reports. Each
recipient shall keep such records and
submit to the Agency timely, complete
and accurate compliance reports at
such times, and in such form and
containing such information, as the
Agency may determine to be necessary to
ascertain whether the recipient
has complied or is complying with the
regulations in this part. In the
case of any program under which a primary
recipient extends Federal
financial assistance to any other recipient, such
other recipient shall
also submit such compliance reports to the primary
recipient as may be
necessary to enable the primary recipient to carry out
its obligations
under the regulations in this part. In general, recipients
should have
available for the Agency racial and ethnic data showing the
extent to
which members of minority groups are beneficiaries of federally
assisted
programs.
(c) Access to sources of information. Each recipient
shall permit
access by authorized employees of this Department during normal
business
hours to such of its books, records, accounts, and other sources of
information, and its facilities as may be pertinent to ascertain
compliance with the regulations in this part. Where any information
required of a recipient is in the exclusive possession of any other
agency, institution or person and this agency, institution or person
shall fail or refuse to furnish this information, the recipient shall so
certify in its report and shall set forth what efforts it has made to
obtain the information.
(d) Information to beneficiaries and
participants. Each recipient
shall make available to participants,
beneficiaries, and other
interested persons such information regarding the
provisions of the
regulations in this part and their applicability to the
program under
which the recipient receives Federal financial assistance, and
make such
information available to them in such
manner, as the Department
or its Agencies finds necessary to apprise
such persons of the protections
against discrimination assured them by
the Act and the regulations in this
part.
[29 FR 16274, Dec. 4, 1964, as amended at 29 FR 16966, Dec. 11,
1964; 38
FR 17926, July 5, 1973]
Sec. 15.6
Complaints.
Any person who believes himself/herself or any
specific class of
individuals to be subjected to discrimination prohibited
by the
regulations in this part may by himself/herself or by an authorized
representative file with the Secretary or any Agency a written
complaint. A complaint must be filed not later than 180 days from the
date of the alleged discrimination, unless the time for filing is
extended by the Agency or by the Secretary. Such complaint shall be
promptly referred to the Assistant Secretary for Administration. The
complaint shall be investigated in the manner determined by the
Assistant Secretary for Administration and such further action taken by
the Agency or the Secretary as may be warranted.
[50 FR 25687, June
21, 1985]
Sec. 15.7 Intimidatory or retaliatory acts
prohibited.
No recipient or other person shall intimidate,
threaten, coerce, or
discriminate against any individual for the purpose of
interfering with
any right or privilege secured by section 601 of the Act or
the
regulations in this part, or because he has made a complaint, testified,
assisted, or participated in any manner in an investigation, proceeding,
or hearing under the regulations in this part. The identity of
complainants shall be kept confidential except to the extent necessary
to carry out the purposes of the regulations in this part, including the
conduct of any hearing or judicial proceeding arising
thereunder.
Sec. 15.8 Procedure for effecting
compliance.
(a) General. If there appears to be a failure or
threatened failure
to comply with the regulations in this part, and if the
noncompliance or
threatened noncompliance cannot be corrected by informal
means,
compliance with the regulations in this part may be effected by the
suspension or termination of or refusal to grant or to continue Federal
financial assistance, upon a finding, in accordance with the procedure
hereinafter prescribed, or by any other means authorized by law. Such
other means may include, but are not limited to, (1) a reference to the
Department of Justice with a recommendation that appropriate proceedings
be brought to enforce any rights of the United States under any law of
the United States (including other titles of the Act), or any assurance
or other contractual undertaking, and (2) any applicable proceeding
under State or local law.
(b) Noncompliance with Sec. 15.4. If an
applicant fails or refuses
to furnish an assurance required under Sec. 15.4
or otherwise fails or
refuses to comply with the requirements imposed by or
pursuant to that
section, Federal financial assistance may be refused in
accordance with
the procedures of paragraph (c) of this section. The
Department shall
not be required to provide assistance in such a case during
the pendency
of the administrative proceedings under such paragraph, except
that the
Department shall continue assistance during the pendency of such
proceedings where such assistance is due and payable pursuant to an
application therefor approved prior to the effective date of the
regulations in this part.
(c) Termination of or refusal to grant or to
continue Federal
financial assistance. No order suspending, terminating, or
refusing to
grant or to continue Federal financial assistance shall become
effective
until (1) the Agency has advised the applicant or recipient of his
failure to comply and has determined that compliance cannot be secured
by voluntary means, (2) there has been an express finding on the record,
after opportunity for hearing, of a failure by the applicant or
recipient to comply with the requirement imposed by or pursuant to the
regulations in this part, (3) the action has been approved by the
Secretary pursuant to Sec. 15.10(e), and (4) the expiration of 30 days
after the Secretary has filed with the committee of the House and the
committee of the Senate, having legislative jurisdiction over the
program involved, a
full written report of the circumstances and the
grounds for such
action. Any action to suspend or terminate or to refuse to
grant or to
continue Federal financial assistance shall be limited to the
particular
political entity, or part thereof, or other applicant or
recipient as to
whom such a finding has been made and shall be limited in
its effect to
the particular program, or part thereof, in which such
noncompliance has
been so found.
(d) Other means authorized by law. No
action to effect compliance by
any other means authorized by law shall be
taken until (1) the Secretary
has determined that compliance cannot be
secured by voluntary means, (2)
the recipient or other person has been
notified of its failure to comply
and of the action to be taken to effect
compliance, and (3) the
expiration of at least ten days from the mailing of
such notice to the
recipient or other person. During this period of at least
ten days,
additional efforts shall be made to persuade the recipient or
other
person to comply with the regulations in this part and to take such
corrective action as may be appropriate.
Sec. 15.9
Hearings.
(a) Opportunity for hearing. Whenever an opportunity
for a hearing
is required under the regulations in this part, reasonable
notice shall
be given by registered or certified mail, return receipt
requested, to
the affected applicant or recipient. This notice shall advise
the
applicant or recipient of the action proposed to be taken, the specific
provision under which the proposed action against it is to be taken, and
the matters of fact or law asserted as the basis for this action, and
either (1) fix a date not less than 20 days after the date of such
notice within which the applicant or recipient may request of the
Secretary or the Agency that the matter be scheduled for hearing or (2)
advise the applicant or recipient that the matter in question has been
set down for hearing at a stated place and time. The time and place so
fixed shall be reasonable and shall be subject to change for cause. The
complainant, if any, shall be advised of the time and place of the
hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an
applicant or recipient to request a hearing under this subsection or to
appear at a hearing for which a date has been set shall be deemed to be
a waiver of the right to a hearing under section 602 of the Act and the
regulations in this part and consent to the making of a decision on the
basis of such information as is available.
(b) Time and place of hearing.
Hearings shall be held at the offices
of the Department in Washington, DC,
at a time fixed by the hearing
officer or by the Secretary unless it is
determined that the convenience
of the applicant or recipient or of the
Department requires that another
place be selected. Hearings shall be held
before a hearing officer.
(c) Right to counsel. In all proceedings under this
section, the
applicant or recipient and the Department shall have the right
to be
represented by counsel.
(d) Procedures, evidence, and record. (1)
The hearing, decision, and
any administrative review thereof shall be
conducted in conformity with
5 U.S.C. 554-557, and in accordance with such
rules of procedure
promulgated by the Secretary as not inconsistent with
this section,
relating to the conduct of the hearing, giving of notices
subsequent to
those provided for in paragraph (a) of this section, taking of
testimony, exhibits, arguments and briefs, requests for findings, and
other related matters. Both the Department, and the applicant or
recipient shall be entitled to introduce all relevant evidence on the
issues as stated in the notice for hearing or as determined by the
hearing officer conducting the hearing at the outset of or during the
hearing.
(2) Technical rules of evidence shall not apply to hearings
conducted pursuant to these regulations in this part, but rules or
principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination shall be
applied where reasonably necessary by the hearing officer. The hearing
officer may exclude irrelevant, immaterial, or unduly repetitious
evidence. All documents and other evidence offered or taken for the
record shall be open to examination by the
parties and opportunity shall
be given to refute facts and arguments
advanced on either side of the
issues. A transcript shall be made of the
oral evidence except to the extent
the substance thereof is stipulated
for the record. All decisions shall be
based upon the hearing record and
written findings shall be made.
(e)
Consolidated or joint hearings. In cases in which the same or
related facts
are asserted to constitute noncompliance with these
regulations with respect
to two or more programs to which the
regulations in this part apply, or
noncompliance with the regulations in
this part and the regulations of one
or more other Federal Departments
or Agencies issued under title VI of the
Act, the Secretary may, by
agreement with such other Departments or
Agencies, where applicable
provide for the conduct of consolidated or joint
hearings, and for the
application to such hearings of rules of procedure not
inconsistent with
the regulations in this part. Final decisions in such
cases, insofar as
the regulations in this part are concerned, shall be made
in accordance
with Sec. 15.10.
[29 FR 16274, Dec. 4, 1964, as amended
at 35 FR 18384, Dec. 3, 1970; 38
FR 17926, July 5, 1973]
Sec.
15.10 Decisions and notices.
(a) Decision by hearing officer or
Secretary. (1) The hearing
officer shall either make an initial decision, if
so authorized, or
certify the entire record including his recommended
findings, and
proposed decision to the Secretary for a final decision, and a
copy of
such initial decision or certification shall be mailed to the
applicant
or recipient. The applicant or recipient may within 30 days of the
mailing of such notice of initial decision file with the Secretary his
exceptions to the initial decision, with his reasons therefor.
(2) In the
absence of exceptions, the Secretary may on his own
motion within 45 days
after the initial decision serve on the applicant
or recipient a notice that
he will review the decision. Upon the filing
of such exceptions or of such
notice of review the Secretary shall
review the initial decision and issue
his own decision thereon including
the reasons therefor. In the absence of
either exceptions or a notice of
review the initial decision shall
constitute the final decision of the
Secretary.
(b) Decisions on record
or review. Whenever a record is certified to
the Secretary for decision or
he reviews the decision of a hearing
officer pursuant to paragraph (a), the
applicant or recipient shall be
given reasonable opportunity to file with
him briefs or other written
statements of its contentions, and a copy of the
final decision of the
Secretary shall be given in writing to the applicant
or recipient, and
to the complainant, if any.
(c) Decisions on record
where a hearing is waived. Whenever a
hearing is waived pursuant to Sec.
15.9(a), a decision shall be made by
the Secretary on the record and a copy
of such decision shall be given
in writing to the applicant or recipient,
and to the complainant, if
any.
(d) Rulings required. Each decision of a
hearing officer shall set
forth his ruling on each finding, conclusion, or
exception presented,
and shall identify the requirement or requirements
imposed by or
pursuant to the regulations in this part with which it is
found that the
applicant or recipient has failed to comply.
(e) Decision
by Secretary. The Secretary shall make any final
decision which provides for
the suspension or termination of, or the
refusal to grant or continue
Federal financial assistance, or the
imposition of any other sanction
available under the regulations in this
part or the Act.
(f) Content of
orders. The final decision may provide for suspension
or termination of, or
refusal to grant or continue Federal financial
assistance, in whole or in
part, under the program involved, and may
contain such terms, conditions,
and other provisions as are consistent
with and will effectuate the purposes
of the Act and the regulations in
this part, including provisions designed
to assure that no Federal
financial assistance will thereafter be extended
under such program to
the applicant or recipient determined by such decision
to be in default
in its performance of an assurance given by it pursuant to
the
regulations in this part, or to have otherwise failed to comply
with
the regulations in this part, unless and until it corrects its
noncompliance
and satisfies the Agency that it will fully comply with
the regulations in
this part.
(g) Post termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibilty to receive Federal
financial assistance if it satisfies the terms and conditions of that
order for such eligibility or if it brings itself into compliance with
the Act and the regulations in this part and provides reasonable
assurance that it will fully comply therewith. An elementary or
secondary school or school system which is unable to file an assurance
of compliance with Sec. 15.4 (a), (b), or (d) shall be restored to full
eligibility to receive Federal financial assistance if it complies with
the requirements of a Sec. 15.4(e) and is otherwise in compliance with
the Act and the regulations in this part.
(2) Any applicant or recipient
adversely affected by an order
entered pursuant to paragraph (f) of this
section may at any time
request the Secretary to restore fully its
eligibility to receive
Federal financial assistance. Any such request shall
be supported by
information showing that the applicant or recipient has met
the
requirements of paragraph (g)(1) of this section. If the Secretary
determines that those requirements have been satisfied, he shall restore
such eligibility.
(3) If the Secretary denies any such request, the
applicant or
recipient may submit a request for a hearing in writing,
specifying why
it believes the denial to have been in error. It shall
thereupon be
given an expeditious hearing, with a decision on the record, in
accordance with rules of procedure set forth in subpart C of this part.
The applicant or recipient will be restored to such eligibility if it
proves at such a hearing, that it has satisfied the requirements of
paragraph (g)(1) of this section. While proceedings under this paragraph
are pending, the sanctions imposed by the order issued under paragraph
(f) of this section shall remain in effect.
[29 FR 16274, Dec. 4,
1964, as amended at 35 FR 18384, Dec. 3, 1970; 38
FR 17926, July 5,
1973]
Sec. 15.11 Judicial review.
Action taken
pursuant to section 602 of the Act is subject to
judicial review as provided
in section 603 of the Act.
Sec. 15.12 Effect on other
regulations; forms and instructions.
(a) Effect on other
regulations. All regulations, orders, or like
directions heretofore issued
by any officer of the Department which
impose requirements designed to
prohibit any discrimination against
individuals on the ground of race,
color, or national origin under any
program to which the regulations in this
part apply, and which authorize
the suspension or termination of or refusal
to grant or to continue
Federal financial assistance to any applicant for or
recipient of such
assistance under such program for failure to comply with
such
requirements, are hereby superseded to the extent that such
discrimination is prohibited by the regulations in this part, except
that nothing in the regulations in this part shall be deemed to relieve
any person of any obligation assumed or imposed under any such
superseded regulation, order, instruction, or like direction prior to
the effective date of the regulations in this part. Nothing in these
regulations, however, shall be deemed to supersede any of the following
including future amendments thereof:
(1) Executive Order 11246 and
regulations issued thereunder; or
(2) Executive Order 11063 and regulations
issued thereunder or any
other regulations or instructions insofar as they
prohibit
discrimination on the ground of race, color, or national origin in
any
program or situation to which the regulations in this part are
inapplicable, or prohibit discrimination on any other ground.
(b) Forms
and instructions. Each Agency shall issue and promptly
make available forms
and such implementing instructions and procedures
consistent
with the
regulations in this part as may be necessary. Each Agency in
making
available Federal financial assistance to any program or activity
may
utilize contractual commitments in obtaining compliance with the
regulations
in this part, including obtaining compliance by recipients
other than the
contracting recipient.
(c) Supervision and coordination. The Secretary may
from time to
time assign to officials of other Departments or Agencies of
the
Government with the consent of such Department or Agency,
responsibilities in connection with the effectuation of the purposes of
title VI of the Act and the regulations in this part (other than
responsibility for final decision as provided in Sec. 15.10) including
the achievement of effective coordination and maximum uniformity within
the Department and within the Executive Branch of the Government in the
application of title VI and these regulations to similar programs and in
similar situations. Any action taken, determination made, or requirement
imposed by an official of another Department or Agency acting under this
paragraph shall have the same effect as though such action had been
taken by the Secretary or any Agency of this Department.
[29 FR
16274, Dec. 4, 1964, as amended at 38 FR 17927, July 5, 1973]
Appendix to Subpart A--List of USDA-Assisted Programs
Programs administered by the U.S. Department of Agriculture in
which
Federal financial assistance is rendered, include but are not limited
to
the
following:
----------------------------------------------------------------------------------------------------------------
Program
Authority
----------------------------------------------------------------------------------------------------------------
Administered
by the Agricultural Cooperative
Service
----------------------------------------------------------------------------------------------------------------
1.
Cooperative Development..................................................
Cooperative Marketing Act of 1926,
7 U.S.C. 451 et seq.
Agricultural
Marketing Act of 1946, as
amended, 7 U.S.C. 1621 et
seq.
----------------------------------------------------------------------------------------------------------------
Administered
by the Agricultural Marketing
Service
----------------------------------------------------------------------------------------------------------------
2.
Federal-State marketing improvement program..............................
Agricultural Marketing Act of
1946, Section 204b, 7
U.S.C.
1623(b).
----------------------------------------------------------------------------------------------------------------
Administered
by the Agricultural Research
Service
----------------------------------------------------------------------------------------------------------------
3.
Soil and Water Conservation.............................................. 7 CFR
3015.205(b); Department of
Agriculture Organic Act of 1862
(7 U.S.C.
2201); the Agricultural
Marketing Act of 1946, as
amended, (7 U.S.C. 427,
1621) and
the Food Security Act of 1985 (7
U.S.C. 1281 et seq.).
4.
Animal Productivity...................................................... 7 CFR
3015.205(b); Department of
Agriculture Organic Act of 1862;
(7 U.S.C.
2201); the Agricultural
Marketing Act of 1946, as
amended, (7 U.S.C. 427,
1621) and
the Food Security Act of 1985 (7
U.S.C. 1281 et seq.).
5.
Plant Productivity....................................................... 7 CFR
3015.205(b); Department of
Agriculture Organic Act of 1862,
(7 U.S.C.
2201); the Agricultural
Marketing Act of 1946, as
amended, (7 U.S.C. 427,
1621) and
the Food Security Act of 1985 (7
U.S.C. 1281 et seq.).
6.
Commodity Conversion and Delivery........................................ 7 CFR
3015.205(b); Department of
Agriculture Organic Act of 1862
(7 U.S.C.
2201); the Agricultural
Marketing Act of 1946, as
amended, (7 U.S.C. 427,
1621) and
the Food Security Act of 1985 (7
U.S.C. 1281 et seq.).
7.
Human Nutrition.......................................................... 7 CFR
3015.205(b); Department of
Agriculture Organic Act of 1862
(7 U.S.C.
2201); the Agricultural
Marketing Act of 1946, as
amended, (7 U.S.C. 427,
1621) and
the Food Security Act of 1985 (7
U.S.C. 1281 et seq.).
8.
Integration of Agricultural Systems...................................... 7 CFR
3015.205(b); Department of
Agriculture Organic Act of 1862
(7 U.S.C.
2201); the Agricultural
Marketing Act of 1946, as
amended, (7 U.S.C. 427,
1621) and
the Food Security Act of 1985 (7
U.S.C. 1281 et
seq.).
----------------------------------------------------------------------------------------------------------------
Administered
by the Agricultural Stabilization and Conservation
Service
----------------------------------------------------------------------------------------------------------------
9.
Price support programs operating through producer associations, Agricultural
Adjustment Act of
cooperatives and other recipients in which the recipient is
required to 1938, 7 U.S.C. 1301-1393; Pub. L.
furnish specified benefits to
producers (e.g. tobacco, peanuts, cotton, 73-430; Commodity Credit
rice,
honey, dry edible beans, tung oil, naval stores and soybeans price Corporation
Charter Act, 15
support programs). U.S.C. 714 et seq.; Agricultural
Act of
1949, as amended; 7 U.S.C.
1421 et seq.; Pub. L. 81-439, as
amended;
Agriculture and Food Act
of 1961; Pub. L. 97-98; Dairy and
Tobacco
Adjustment Act of 1983;
Pub. L. 98-180; Agricultural
Programs Adjustment
Act of 1984;
Pub. L. 98-258; Food Security Act
of 1985; Pub. L.
99-198.
----------------------------------------------------------------------------------------------------------------
Administered
by Cooperative State Research
Service
----------------------------------------------------------------------------------------------------------------
10.
1890 Research Facilities................................................ Sec.
1433 of the National
Agricultural Research, Extension
and Teaching Policy
Act of 1977,
Pub. L. 95-113, as amended; 7
U.S.C. 3195.
11. Payments to
1890 Land-Grant Colleges and Tuskegee Institute............. Sec. 1445 of the
National
Agricultural Research, Extension
and Teaching Policy Act of
1977;
Pub. L. 85-113, as amended; 7
U.S.C. 3222.
12. Cooperative
Forestry Research (McIntire-Stennis Act).................... Cooperative
Forestry Research Act
of October 10, 1962; Pub. L. 87-
788; 16 U.S.C.
582a-582q-7.
13. Payments to Agricultural Experiment Stations under Hatch
Act............ Hatch Act of 1887, as amended; 7
U.S.C. 361a-361i.
14.
Grants for Agricultural Research Competitive Research Grants............ Sec.
2(b) of Pub. L. 89-106; 7
U.S.C. 450i(b), as amended.
15. Grants for
Agricultural Research, Special Research Grants............... Sec. 2(c) of Pub.
L. 89-106; 7
U.S.C. 450i(c), as amended.
16. Animal Health and Disease
Research...................................... National Agricultural
Research,
Extension and Teaching Policy Act
of 1977, Sec. 1433, Pub. L.
95-
113, as amended; 7 U.S.C.
3195.
----------------------------------------------------------------------------------------------------------------
Administered
by Extension
Service
----------------------------------------------------------------------------------------------------------------
17.
Home Economics..........................................................
Smith-Lever Act, as amended; 7
U.S.C. 341-349; District of
Columbia
Post-secondary Education
Reorganization Act, D.C. Code,
Sec. 31-1518;
Title V, Rural
Development Act of 1972, as
amended; 7 U.S.C. 2661 et
seq.
Sec. 14, Title 14, National
Agricultural Research, Extension
and
Teaching Policy Act of 1977;
Pub. L. 95-113, as amended.
18. 4-H Youth
Development................................................... Smith-Lever Act,
as amended; 7
U.S.C. 341-349; District of
Columbia Public
Postsecondary
Education Reorganization Act,
D.C. Code, Sec. 31-1518;
Title
VI, Rural Development Act of
1972, as amended; 7 U.S.C. 2661
et
seq.; Sections 1425 and 1444,
National Agricultural Research,
Extension
and Teaching Policy Act
of 1977; Pub. L. 95-113, as
amended; 7 U.S.C.
3221, 3175;
Pub. L. 96-374, Sec. 1361(c); 7
U.S.C. 301 note; Pub. L.
97-98,
Agriculture and Food Act of 1981,
sec. 1401.
19. Agricultural
and Natural Resources...................................... Smith-Lever Act, as
amended; 7
U.S.C. 341-349; District of
Columbia Public
Postsecondary
Education Reorganization Act,
D.C. Code, Sec. 31-1518; Title
V,
Rural Development Act of 1972, as
amended; 7 U.S.C. 2661 et
seq.;
Sec. 14, National Agricultural
Research, Extension and
Teaching
Policy Act of 1977; Pub. L. 95-
113, as amended; 7 U.S.C. 3101
et
seq.
20. Community Resource
Development.......................................... Smith-Lever Act, as
amended; 7
U.S.C. 341-349; District of
Columbia Public
Postsecondary
Reorganization Act, D.C. Code 31-
1518; Title V, Rural
Development
Act of 1972, as amended; 7 U.S.C.
2661 et seq.;
National
Agricultural Research, Extension
and Teaching Policy Act of
1977;
Pub. L. 95-113, as amended; 7
U.S.C. 3101 et seq.;
Renewable
Resources Extension Act of 1978;
16 U.S.C.
1671-1676.
----------------------------------------------------------------------------------------------------------------
Administered
by Federal Crop Insurance
Corporation
----------------------------------------------------------------------------------------------------------------
21.
Crop Insurance.......................................................... Federal
Crop Insurance Act, as
amended; 7 U.S.C. 1501-1520;
Title V of the
Agricultural
Adjustment Act of 1938; 52 Stat.
31 and Federal Crop
Insurance Act
of 1980; Pub. L. 96-385 (Sept.
26, 1980); 94 Stat.
1312-1319.
----------------------------------------------------------------------------------------------------------------
Administered
by Farmers Home
Administration
----------------------------------------------------------------------------------------------------------------
22.
Farm Ownership Loans to install or improve recreational facilities or Section
302 of the Consolidated
other nonfarm enterprises. Farm and Rural Development
Act,
as amended; 7 U.S.C. 1923.
23. Farm Operating Loans to install or
improve recreational facilities or Sec. 312 of the Consolidated Farm
other
nonfarm enterprises. and Rural Development Act, as
amended; 7 U.S.C.
1942.
24. Community Facility
Loans................................................ Sec. 306 of the
Consolidated Farm
and Rural Development Act, as
amended; 7 U.S.C.
1926.
25. Rural Rental Housing and related facilities for elderly persons and
Sec. 515, Title V, Housing Act of
families of low income. 1949, as amended;
42 U.S.C. 1485.
26. Rural Cooperative
Housing............................................... Sec. 515, Title V,
Housing Act of
1949, as amended; 42 U.S.C. 1485.
27. Rural Housing Site
Loans................................................ Sec. 524, Title V, Housing
Act of
1949, as amended; 42 U.S.C.
1490d.
28. Farm and Labor Housing
Loans............................................ Sec. 514, Title V, Housing Act
of
1949, as amended; 42 U.S.C. 1484.
29. Farm Labor Housing
Grants............................................... Sec. 516, Title V, Housing
Act of
1949, as amended; 42 U.S.C. 1486.
30. Mutual self-help housing
grants. (Technical assistance grants).......... Sec. 523, Title V, Housing Act
of
1949, as amended; 42 U.S.C.
1490c.
31. Technical and supervisory
assistance grants............................. Sec. 525, Title V, Housing Act
of
1949, as amended; 42 U.S.C.
1490e.
32. Individual Recreation
Loans............................................. Sec. 304 of the Consolidated
Farm
and Rural Development Act, as
amended; 7 U.S.C. 1924.
33.
Recreation Association Loans............................................ Sec.
306 of the Consolidated Farm
and Rural Development Act, as
amended; 7
U.S.C. 1926.
34. Private enterprise
grants............................................... Sec. 310(B)(c) of the
Consolidated
Farm and Rural Development Act,
as amended; 7 U.S.C.
1932(c).
35. Indian Tribal Land Acquisition
Loans.................................... Pub. L. 91-229, approved April
11,
1970; 25 U.S.C. 488.
36. Grazing Association
Loans............................................... Sec. 306 of the
Consolidated Farm
and Rural Development Act, as
amended; 7 U.S.C.
1926.
37. Irrigation and Drainage
Associations.................................... Sec. 306 of the Consolidated
Farm
and Rural Development Act, as
amended; 7 U.S.C. 1926.
38. Area
development assistance planning grant program...................... Sec.
306(a)(11) of the
Consolidated Farm and Rural
Development Act, as amended;
7
U.S.C. 1926(a)(11).
39. Resource conservation and development
loans............................. Sec. 32(e) of Title III,
the
Bankhead-Jones Farm Tenant Act; 7
U.S.C. 1011(e).
40. Rural
Industrial Loan Program........................................... Sec. 310B of
the Consolidated Farm
and Rural Development Act, as
amended; 7 U.S.C.
1932.
41. Rural renewal and resource conservation development, land
conservation Sec. 31-35, Title III, Bankhead-
and land utilization. Jones
Farm Tenant Act; 7 U.S.C.
1010-1013a.
42. Soil and water conservation,
recreational facilities, uses; pollution Sec. 304 of the Consolidated
Farm
abatement facilities loans. and Rural Development Act, as
amended; 7
U.S.C. 1924.
43. Watershed protection and flood prevention
program....................... Sec. 1-12 of the Watershed
Protection and
Flood Prevention
Act, as amended; 16 U.S.C. 1001-
1008.
44. Water and
Waste Facility Loans and Grants............................... Sec. 306 of the
Consolidated Farm
and Rural Development Act, as
amended; 7 U.S.C.
1926.
----------------------------------------------------------------------------------------------------------------
Administered
by Food and Nutrition
Service
----------------------------------------------------------------------------------------------------------------
45.
Food Stamp Program...................................................... The
Food Stamp Act of 1977, as
amended; 7 U.S.C. 2011-2029.
46. Nutrition
Assistance Program for Puerto Rico. This is the Block Grant The Food Stamp Act
of 1977, as
signoff of the Food Stamp Program for Puerto Rico. amended; Sec.
19, 7 U.S.C. 2028.
47. Food Distribution (Food Donation Program). (Direct
Distribution Program) Sec. 32, Pub. L. 74-320, 49 Stat.
744 (7 U.S.C. 612c);
Pub. L. 75-
165. 50 Stat. 323 (15 U.S.C.
713c); secs. 6, 9, 60 Stat.
231,
233, Pub. L. 79-396 (42 U.S.C.
1755, 1758); sec. 416, Pub. L.
81-
439, 63 Stat. 1058 (7 U.S.C.
1431); sec. 402, Pub. L. 91-665,
68
Stat. 843 (22 U.S.C. 1922);
sec. 210, Pub. L. 84-540, 70
Stat. 202 (7
U.S.C. 1859); sec.
9, Pub. L. 85-931, 72 Stat. 1792
(7 U.S.C. 1431b); Pub.
L. 86-756,
74 Stat. 899 (7 U.S.C. 1431
note); sec. 709, Pub. L.
89-321,
79 Stat. 1212 (7 U.S.C. 1446a-1);
sec. 3, Pub. L. 90-302, 82
Stat.
117 (42 U.S.C. 1761); secs. 409,
410, Pub. L. 93-288, 88 Stat.
157
(42 U.S.C. 5179, 5189); sec. 2,
Pub. L. 93-326, 88 Stat. 286
(42
U.S.C. 1762a); sec. 16, Pub. L.
94-105, 89 Stat. 522 (42
U.S.C.
1766); sec. 1304(a), Pub. L. 95-
113, 91 Stat. 980 (7 U.S.C.
612
note); sec. 311, Pub. L. 95-478,
92 Stat. 1533 (42 U.S.C.
3030a);
sec. 10, Pub. L. 95-627, 92 Stat.
3623 (42 U.S.C. 1760); Pub. L.
98-
8, 97 Stat. 35 (7 U.S.C. 612c
note); (5 U.S.C. 301).
48. Food
Distribution Program Commodities on Indian Reservations............ The Food
Stamp Act of 1977, as
amended, Section 4(b), 7 U.S.C.
2013(b).
49.
National School Lunch Program...........................................
National School Lunch Act, as
amended; 42 U.S.C. 1751-1760.
50. Special
Milk Program for Children (School Milk Program)................. Child Nutrition
Act of 1966, Sec.
3, as amended, 42 U.S.C. 1772.
51. School Breakfast
Program................................................ Child Nutrition Act of
1966, Sec.
4, as amended; 42 U.S.C. 1773.
52. Summer Food Service Program
for Children................................ National School Lunch Act,
Sec.
13, as amended; 42 U.S.C. 1761.
53. Child Care Food
Program................................................. National School Lunch
Act, Sec.
17, as amended; 42 U.S.C. 1766.
54. Nutrition Education and
Training Program................................ Child Nutrition Act of 1966,
Sec.
19, 42 U.S.C. 1788.
55. Special Supplemental Food Program for Women,
Infants and Children....... Child Nutrition Act of 1966, Sec.
17, 42 U.S.C.
1786.
56. Commodity Supplemental Food
Program..................................... Agriculture and
Consumer
Protection Act of 1973, as
amended; 7 U.S.C. 612c note.
57.
Temporary Emergency Food Assistance Program.............................
Temporary Emergency Food
Assistance Act of 1983, as
amended; 7 U.S.C. 612c
note.
58. State Administrative Expenses for Child
Nutrition....................... Child Nutrition Act of 1966, Sec.
7, as
amended; 42 U.S.C. 1776.
59. Nutrition Assistance Program for the
Commonwealth of the North Mariana Trust Territory of the Pacific
Islands.
(This is the Block Grant spin-off of the Food Stamp Program for Island, 48
U.S.C. 1681
note.
CNMI).
----------------------------------------------------------------------------------------------------------------
Administered
by Forest
Service
----------------------------------------------------------------------------------------------------------------
60.
Permits for use of National Forests and National Grasslands by other Act of June
4, 1897, as amended,
than individuals at a nominal or no charge. 16 U.S.C.
551; Sec. 501 of the
Federal Land Policy Management
Act of 1976, 43 U.S.C.
1761; Term
Permit Act of March 4, 1915, as
amended, 16 U.S.C. 4971, Secs.
3
and 4 of the American Antiquities
Act of June 8, 1906, 16 U.S.C.
432;
Sec. 32 of the Bankhead-
Jones Farm Tenant Act, as
amended, 7 U.S.C.
1011.
61. Youth Conservation
Corps................................................ Act of August 13, 1970,
as
amended, 16 U.S.C. 1701-1706.
Note: This is a Federally
financed and
conducted program on
National Forest land providing
summer employment to
teen-age
youth doing conservation work
while learning about
their
natural environment and heritage.
Recruitment of recipient youth
is
without regard to economic,
social or racial classification.
Policy
requires that random
selection from the qualified
applicant pool be made
in a
public forum.
62. Job
Corps............................................................... 29 U.S.C.
1691-1701. Note: This is
a Federally financed and
conducted program
providing
education and skills training to
young men and women. The
U.S.
Department of Labor is entirely
responsible for recruiting
of
recipient youth.
63. Permits for disposal of common varieties of
mineral material from lands Secs. 1-4 of the Act of July 31,
under the Forest
Service jurisdiction for use by other individuals at a 1947, as amended, 30
U.S.C. 601-
nominal or no charge. 603, 611.
64. Use of Federal land for
airports........................................ Airport and Airway Improvement
Act
of 1982, as amended, 49 U.S.C.
2202, 2215. National Forest
lands
are exempt, Sec. 2215(c).
65. Conveyance of land to States or
political subdivisions for widening Act of October 13, 1964, 78
Stat.
highways, streets and alleys. 1089. Forest Road and Trail
Act,
codified at 16 U.S.C. 532-538.
66. Payment of 25 percent of National
Forest receipts to States for schools Act of May 23, 1908, as amended,
and
roads. 16 U.S.C. 500.
67. Payment to Minnesota from National Forest receipts
of a sum based on a Sec. 5 of the Act of June 22,
formula. 1948, as amended,
16 U.S.C. 577 g-
l.
68. Payment of 25 percent of net revenues from Title
III, Bankhead-Jones Sec. 33 of the Bankhead-Jones Farm
Farm Tenant Act lands
to Counties for school and road purposes. Tenant Act, as amended, 7
U.S.C.
1012.
69. Cooperative action to protect, develop, manage and
utilize forest Cooperative Forestry Assistance
resources on State and private
lands. Act of 1976, 16 U.S.C. 2101-2111.
70. Advance of funds for cooperative
research............................... Sec. 20 of the Granger-Thye Act
of
April 24, 1950, 16 U.S.C. 581-1.
71. Grants for support of scientific
research............................... Forest and Rangeland
Renewable
Resources Planning Act of 1974,
as amended, 16 U.S.C. 1600
et
seq.
72. Research
Cooperation.................................................... Forest and
Rangeland Renewable
Resources Research Planning Act
of 1974, as amended,
16 U.S.C.
73. Grants to Maine, Vermont and New Hampshire for the purpose of
assisting Older American Act of 1965, as
economically disadvantaged citizens
over 55 years of age. amended, 42 U.S.C. 3056.
74. Senior Community Service
Employment, develop, manage and utilize forest Older American Act of 1965,
as
resources on State and private lands. amended, 42 U.S.C. 3056.
75.
Cooperative Law Enforcement............................................. 16
U.S.C. 551a and 553.
76. Forest Utilization and
Marketing........................................ Cooperative Forestry
Assistance
Act of 1978, Pub. L. 95-313, 16
U.S.C. 1606, 2101-2111.
77.
Fire prevention and suppression.........................................
Cooperative Forestry Assistance
Act of 1978, Pub. L. 95-313, Sec.
7, 16
U.S.C. 2106.
78. Assistance to States for tree
planting.................................. Cooperative Forestry
Assistance
Act of 1978, Pub. L. 95-313,
Secs. 3, 6, 16 U.S.C. 2102,
2105.
79. Technical assistance forest
management.................................. Cooperative Forestry
Assistance
Act of 1978, Pub. L. 95-313, Sec.
8, 16 U.S.C. 2107.
80.
Extramural Research (Cooperative Agreements and Grants)................. Range
Renewable Resources Act of
1978; Rangeland and Latest
Renewable Resources
Research Act;
16 U.S.C.
1641-1647.
----------------------------------------------------------------------------------------------------------------
Administered
by Food Safety and Inspection
Service
----------------------------------------------------------------------------------------------------------------
81.
Federal-State Cooperative Agreements and Talmadge-Aiken Agreements...... Federal
Meat Inspection Act; 21
U.S.C. 601 et seq. Talmadge-Aiken
Act; 7 U.S.C.
450. Poultry
Products Inspection Act; 21
U.S.C. 451 et
seq.
----------------------------------------------------------------------------------------------------------------
Administered
by Office of International Cooperation and
Development
----------------------------------------------------------------------------------------------------------------
82.
Technical Assistance.................................................... 7
U.S.C. 3291; 22 U.S.C. 2357; 22
U.S.C. 2392.
83. International
Training.................................................. 7 U.S.C. 3291; 22
U.S.C. 2357; 22
U.S.C. 2392.
84. Scientific and Technical
Exchanges...................................... 7 U.S.C. 3291.
85.
International Research.................................................. 7
U.S.C.
3291.
----------------------------------------------------------------------------------------------------------------
Administered
by Soil Conservation
Service
----------------------------------------------------------------------------------------------------------------
86.
Conservation Technical Assistance to Landusers.......................... Sec.
1-6 and 17 of the Soil
Conservation and Domestic
Allotment Act, 16 U.S.C.
590a-
590f, 590g.
87. Plant Materials
Conservation............................................ Soil Conservation Act
of 1935,
Pub. L. 74-46; 49 Stat. 163, 16
U.S.C. 590(a-f).
88. Technical
and financial assistance in Watershed Protection and flood Watershed Protection
and Flood
prevention. Protection Act, as amended, 16
U.S.C. 1001-1005,
1007-1008;
Flood Control Act, as amended and
supplemented; 33 U.S.C. 701;
16
U.S.C. 1606(a) and Sec. 403-405
of the Agriculture Credit Act
of
1978; 16 U.S.C. 2203-2205. Flood
Prevention: Pub. L. 78-534;
58
Stat. 905; 33 U.S.C. 701(b)(1);
Pub. L. 81-516.
89. Technical and
financial assistance in Watershed Protection and flood Emergency Operation
(216); 68
prevention. Stat. 184; 33 U.S.C. 701(b)(1).
Watershed Operation:
Pub. L. 83-
566; 68 Stat. 666:16 U.S.C. 1001
et seq.
90. Soil
Survey............................................................. Sec. 1-6 and
17 of the Soil
Conservation and Domestic
Allotment Act, as amended,
16
U.S.C. 590a-590f, 590g.
91. Rural Abandoned Mine
Program............................................ Surface Mining Control
and
Reclamation Act of 1977, Sec.
406; Pub. L. 95-87, 30 U.S.C.
1236,
91 Stat. 460.
92. Resource Conservation and
Development................................... Soil Conservation Act of
1935;
Pub. L. 74-46; Bankhead-Jones
Farm Tenant Act; Pub. L. 75-210,
as
amended, Pub. L. 89-796; Pub.
L. 87-703; Pub. L. 91-343; Pub.
L. 92-419;
Pub. L. 97-98; 95
Stat. 1213; 16 U.S.C. 590a-590f,
590g.
93. Great
Plains Conservation............................................... Soil
Conservation and Domestic
Allotment Act, Pub. L. 74-46, as
amended by the
Great Plains Act
of August 7, 1956; Pub. L. 84-
1021, Pub. L. 86-793
approved
September 14, 1980. Pub. L. 91-
118 approved November 1,
1969;
Pub. L. 96-263 approved June 6,
1980; 16 U.S.C. 590a-590f,
590g.
----------------------------------------------------------------------------------------------------------------
[53
FR 48506, Dec. 1, 1988]
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