The United States Department of Justice Department of Justice Seal The United States Department of Justice
Search The Site
 

Federal Coordination and Compliance Section

7 C.F.R. 1901.202

TITLE 7--AGRICULTURE

CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF
AGRICULTURE (Continued)

PART 1901--PROGRAM-RELATED INSTRUCTIONS--Table of Contents

Subpart E--Civil Rights Compliance Requirements


Sec. 1901.202 Nondiscrimination in FmHA or its successor agency under Public Law 103-354 programs.

(a) Nondiscrimination by recipients of FmHA or its successor agency
under Public Law 103-354 assistance. (1) No recipient of FmHA or its
successor agency under Public Law 103-354 financial assistance will
directly or through contractual or other arrangements subject any person
or cause any person to be subjected to discrimination on the ground of
race, color, or national origin, with respect to any program or
facility. This prohibition applies but is 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 provided with FmHA or its successor agency
under Public Law 103-354 financial assistance.
(2) Specifically, and without limiting the general applicability of
this subpart, such recipient will not on the grounds of race, color, or
national origin:
(i) Deny any person the use, occupancy, or enjoyment of the whole or
any part of real or personal property or service, financial aid, or
other benefit under any program or facility.
(ii) Provide any person with any service, use, occupancy, or other
benefit different from that provided others by the program or facility.
(iii) Subject any person to segregation or separate treatment in any
matter related to his or her receipt of any service or other benefit.
(iv) Restrict in any way any person's enjoyment of any right,
privilege, or advantage enjoyed by others through the facility or
activity.
(v) Treat any person differently from others in determining whether
he or she satisfies any requirements or conditions for any admission or
membership in the recipient or in any other organization.
(vi) Deny any person an opportunity or restrict opportunity to
participate in a program or facility by:
(A) Refusing or failing to provide notice or services provided
others for the purpose of encouraging participation in the program or
facility; or
(B) Providing any person with such notice or services different from
the notice or services provided others.
(vii) Utilize criteria or methods of administration that have the
effect of subjecting a person to discrimination with respect to any
program or facility or defeating or substantially impairing the
achievement of the objectives of a program or facility.
(viii) Select sites or locate facilities with the purpose or effect
of:
(A) Excluding individuals from, denying them the benefits of, or
subjecting them to discrimination under any programs to which the
regulations in this subpart apply; or
(B) Defeating or substantially impairing the achievement of the
objectives of the regulations in this subpart.
(ix) Continue any previous or existing discriminatory practices, but
will take affirmative action to overcome the effects of such
discrimination.
(x) Deny any person the opportunity to participate as a member of a
planning or advisory body which is an integral part of the program.
(b) Nondiscrimination by FmHA or its successor agency under Public
Law 103-354 employees. (1) No. FmHA or its successor agency under Public
Law 103-354 employee will exclude from participation in, or deny the
benefits of, any program or activity administered by FmHA or its
successor agency under Public Law 103-354, or subject to discrimination
any person in the United States on the ground of race, color, religion,
sex, national origin, or marital status.
(2) No FmHA or its successor agency under Public Law 103-354
employee will:
(i) Be limited in the discharge of his or her responsibilities to
working with applicants solely on the basis of race, color, religion,
sex, national origin, or marital status.
(ii) Obstruct equal access to buildings, facilities, structures, or
lands under the control of FmHA or its successor agency under Public Law
103-354.
(iii) Deny under any program or activity of FmHA or its successor
agency under Public Law 103-354 equal opportunity for employment; for
participation in meetings, demonstrations, training activities or
programs; for receiving awards; for receipt of information disseminated
by publication, news, radio, and other media; for obtaining contracts,
grants, loans or other financial assistance, or for selection to assist
in the administration of programs or activities of FmHA or its successor
agency under Public Law 103-354.
(3) No FmHA or its successor agency under Public Law 103-354
employee will, while conducting official business, participate in or
attend any segregated meetings or meetings held in a segregated facility
from which persons are excluded because of race, color, religion, sex,
national origin, or marital status.
(c) Intimidating or retaliatory acts. No recipient or other person
will intimidate, threaten, coerce, or discriminate against any person
for the purpose of interfering with any right or privilege under this
subpart, or because a person has made a complaint or has testified,
assisted, or participated in any manner in an investigation, proceeding,
or hearing related to a complaint. The identity of complainants will be
kept confidential except to the extent necessary to carry out the
purposes of this subpart.
(d) Nondiscrimination Agreement. The County Supervisor will, at the
time FmHA or its successor agency under Public Law 103-354 assistance is
requested, give all applicants for loans and grants listed in
Sec. 1901.204(a) a copy of Form FmHA or its successor agency under
Public Law 103-354 400-4, ``Nondiscrimination Agreement,'' and inform
the applicant that assistance will be conditioned upon executing this
form and complying with the requirements of this subpart.
(e) Covenants. Each instrument of conveyance for loans subject to
title VI of the Civil Rights Act of 1964, as outlined in Sec. 1901.204,
must contain the following covenant: ``The property described herein was
obtained or improved through Federal financial assistance. This property
is subject to the provisions of title VI of the Civil Rights Act of 1964
and the regulations issued pursuant thereto for so long as the property
continues to be used for the same or similar purpose for which financial
assistance was extended or for so long as the purchaser owns it,
whichever is longer.''
(f) Posters. The nondiscrimination poster, ``And Justice For All,''
will be displayed at the facilities and/or office of any borrower or
grantee if the facilities have been financed by an FmHA or its successor
agency under Public Law 103-354 loan or grant and are subject to title
VI of the Civil Rights Act of 1964. This poster also will be displayed
in all FmHA or its successor agency under Public Law 103-354 State and
County Offices.
(g) Racial and ethnic data. Recipients should maintain, for review
by FmHA or its successor agency under Public Law 103-354 and other
appropriate agencies, racial and ethnic data showing the extent to which
members of minority groups are beneficiaries of FmHA or its successor
agency under Public Law 103-354-assisted programs. The data should
identify recipients as White, Negro or Black, American Indian, Spanish
Surname, Oriental and Other.
(h) Discrimination complaints. (1) Any person or any specific class
of persons, if they believe they have been subject to discrimination
prohibited by this subpart, may file a written complaint with any FmHA
or its successor agency under Public Law 103-354 office, or, if they
prefer with the Secretary of Agriculture. Persons who complain of
discrimination will be advised of their rights to file complaints. A
complaint must be filed not later than 180 days after the date of the
alleged discrimination, unless the time for filing is extended by the
Secretary of Agriculture.
(2) A complaint filed with the County Supervisor or the State
Director will be referred promptly to the Administrator, Attention:
Equal Opportunity Officer. Attached to the complaint should be a
statement by the County Supervisor or State Director identifying the
recipient and type of assistance provided by FmHA or its successor
agency under Public Law 103-354, indicating whether a nondiscrimination
agreement has been signed, and giving any other available pertinent
information about the complaint.

[41 FR 40112, Sept. 17, 1976]


COR Home  |  Grant-Related  |  Conducted  |  LEP  |  Publications  |  By Agency  |  Other Links   |  Contact   |  Index

This page was last updated on November 13, 2000

General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Leadership
Deeana Jang
Chief
Contact
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Stay Connected YouTube MySpace Twitter Facebook Sign Up for E-Mail Updates Subscribe to News Feeds