| 43 C.F.R. Ð 17.1 - 17.12
TITLE 43--PUBLIC LANDS: INTERIOR
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR
Subpart A--Nondiscrimination on the Basis of Race, Color, or National Origin
Sec.
17.1 Purpose.
17.2 Application of this part.
17.3 Discrimination prohibited.
17.4 Assurances required.
17.5 Compliance information.
17.6 Conduct of investigations.
17.7 Procedure for effecting compliance.
17.8 Hearings.
17.9 Decisions and notices.
17.10 Judicial review.
17.11 Effect on other regulations; forms and instructions.
17.12 Definitions.
Appendix A to Subpart A
Appendix B to Subpart A
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; and the laws
referred to in Appendix A.
Sec. 17.1 Purpose.
The purpose of this part is to effectuate the provisions of title VI
of the Civil Rights Act of 1964 to the end that no person in the United
States shall, on the grounds 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
receiving Federal financial assistance from the Department of the
Interior.
[29 FR 16293, Dec. 4, 1964, as amended at 43 FR 4259, Feb. 1, 1978]
Sec. 17.2 Application of this part.
(a) This part applies to any program for which Federal financial
assistance is authorized under a law administered by the Department,
including programs and activities that are federally-assisted under the
laws listed in appendix A to this subpart. It applies to money paid,
property transferred, or other Federal financial assistance extended
under any such program after the effective date of the regulation
pursuant to an application approved prior to such effective date. This
part does not apply to (1) any Federal financial assistance by way of
insurance or guaranty contracts, (2) money paid, property transferred,
or other assistance extended under any such program before the effective
date of this part, (3) any assistance to any individual who is the
ultimate beneficiary under any such program, or (4) except to the extent
described in Sec. 17.3, any employment practice, under any such program,
of any employer, employment agency, or labor organization. The fact that
a statute under which Federal financial assistance is extended to a
program or activity is not listed in appendix A to subpart A shall not
mean, if title VI is otherwise applicable, that such program or activity
is not covered. Other statutes now in force or hereafter enacted may be
added to this list by notice published in the Federal Register.
(b) In any program receiving Federal financial assistance in the
form, or for the acquisition, of real property or an interest in real
property, to the extent that rights to space on, over, or under any such
property are included as part of the program receiving that assistance,
the nondiscrimination requirement of that part shall extend to any
facility located wholly or in part of the space.
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973; 43
FR 4259, Feb. 1, 1978]
Sec. 17.3 Discrimination prohibited.
(a) General. No person in the United States shall, on the grounds 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 to which this part applies.
(b) Specific discriminatory actions prohibited. (1) A recipient
under any program to which this part applies may not, directly or
through contractual or other arrangements, on the grounds 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 provision 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 respect individuals
of a particular race, color, or national origin.
(3) In determining the site or location of facilities, a recipient
or applicant may not make selections with the purpose or effect of
excluding persons from, denying them the benefits of, or subjecting them
to discrimination under any program to which this regulation applies, on
the grounds of race, color, or national origin; or with the purpose or
effect if defeating or substantially impairing the accomplishment of the
objectives of the Act or this part.
(4)(i) In administering a program regarding which the recipient has
previously discriminated against persons on the grounds 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.
(5) References in this section to services, financial aid, or other
benefits provided under a program receiving Federal financial assistance
shall be deemed to include any service, financial aid, or other benefit
provided in or through a facility provided with the aid of Federal
financial assistance.
(6) The enumeration of specific forms of prohibited discrimination
in this paragraph (b) and paragraph (c) of this section does not limit
the generality of the prohibition in paragraph (a) of this section.
(c) Employment practices. (1) Where a primary objective of a program
of Federal financial assistance to which this part applies is to provide
employment, a recipient or other party subject to this part shall not,
directly or through contractual or other arrangements, subject a person
to discrimination on the ground of race, color, or national origin in
its employment practices under such program (including recruitment or
recruitment advertising, hiring, firing, upgrading, promotion, demotion,
transfer, layoff, termination, rates of pay or other forms of
compensation or benefits, selection for training or apprenticeship, use
of facilities, and treatment of employees). Such recipient shall take
affirmative action to insure that applicants are employed, and employees
are treated during employment, without regard to their race, color, or
national origin. The requirements applicable to construction employment
under any such program shall be those specified in or pursuant to Part
III of Executive Order 11246, as amended, or any Executive Order which
supersedes it.
(2) The requirements of paragraph (c)(1) of this section apply to
programs under laws funded or administered by the Department where a
primary objective of the Federal financial assistance is (i) to reduce
the unemployment of such individuals or to help them through employment
to meet subsistence needs, (ii) to assist such individuals in meeting
expenses incident to the commencement or continuation of their education
or training, or (iii) to provide work experience which contributes to
the education or training of such individuals. Assistance given under
the following laws has one of the above purposes as a primary objective:
Water Resources Research Act of 1964, title I, 78 Stat. 329, and those
statutes listed in appendix A to this subpart where the facilities or
employment opportunities provided are limited, or a
preference is given, to students, fellows, or other persons in training
or related employment.
(3) Where a primary objective of the Federal financial assistance is
not to provide employment, but discrimination on the ground of race,
color, or national origin in the employment practices of the recipient
or other persons subject to the regulation tends, on the ground of race,
color, or national origin, to exclude individuals from participation in,
to deny them the benefit of, or to subject them to discrimination under
any program to which this regulation applies, the provisions of
paragraph (c)(1) of this section shall apply to the employment practices
of the recipient or other persons subject to this part, to the extent
necessary to assure equality of opportunity to, and nondiscriminatory
treatment of, beneficiaries.
(d) Programs for Indians, natives of certain territories, and Alaska
natives. An individual shall not be deemed subjected to discrimination
by reason of his exclusion from the benefits of a program which, in
accordance with Federal law, is limited to Indians, natives of certain
territories, or Alaska natives, if the individual is not a member of the
class to which the program is addressed. Such programs include those
authorized by statutes listed in appendix B to this subpart.
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17976, July 5, 1973; 43
FR 4259, Feb. 1, 1978]
Sec. 17.4 Assurances required.
(a) General. (1) Every application for Federal financial assistance
to carry out a program to which this part applies, 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 program will be conducted or the facility operated in
compliance with all requirements imposed by or pursuant to this part.
Every program of Federal financial assistance shall require the
submission of such an assurance. 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, or impovement of
real property or structures, 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 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. In all other cases the assurance shall obligate the recipient
for the period during which Federal financial assistance is extended to
the program. In the case where the assistance is sought 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. The Secretary shall specify the form of the
foregoing assurances for each program, and the extent to which like
assurances will be required of subgrantees, contractors and
subcontractors, transferees, successors in interest, and other
participants in the program. Any such assurance shall include provisions
which give the United States a right to seek its judicial enforcement.
(2) In the case where Federal financial assistance is provided in
the form of a transfer of real property, structures, or improvements
thereon, 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. Where no transfer of property
or interest therein from the Federal Government is involved, but
property is acquired or improved under a program of Federal financial
assistance, the recipient shall agree to include such covenant in any
subsequent transfer of such property. When the property is obtained from
the Federal Government, such covenant may also include a condition
coupled with a right to be
reserved by the Department to revert title to the property in the event
of a breach of the covenant where, in the discretion of the Secretary,
such a condition and right of reverter is appropriate to the program
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 Secretary may agree, upon request of the transferee and if necessary
to accomplish such financing, and upon such conditions as he deems
appropriate, to subordinate such right of reversion to the lien of such
mortgage or other encumbrance.
(b) Continuing State programs. (1) Every application by a State or
any agency or political subdivision of a State to carry out a program
involving continuing Federal financial assistance to which this
regulation applies shall as a condition to its approval and the
extension of any Federal financial assistance pursuant to the
application (i) 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, or
a statement of the extent to which it is not, at the time the statement
is made, so conducted, and (ii) provide or be accompanied by provision
for such methods of administration for the program as are found by the
Secretary or his designee 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 this
regulation, including methods of administration which give reasonable
assurance that any noncompliance indicated in the statement under
paragraph (b)(1)(i) of this section will be corrected.
(2) With respect to some programs which are carried out by States or
agencies or political subdivisions of States and which involve
continuing Federal financial assistance administered by the Department,
there has been no requirement that applications be filed by such
recipients. From the effective date of this part no Federal financial
assistance administered by this Department will be extended to a State
or to an agency or a political subdivision of a State unless an
application for such Federal financial assistance has been received from
the State or State agency or political subdivision.
(c) Elementary and secondary schools. The requirements of paragraph
(a) or (b) 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 within
the earliest practicable time and provides reasonable assurance that it
will carry out such plan; in any case of continuing Federal financial
assistance the 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. 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.
(d) Assurances from institutions. (1) In the case of any application
for Federal financial assistance to an institution of higher education
(including assistance for construction, for research for a special
training project, for a student assistance program, or for another
purpose), the assurance required by this section shall extend to
admission practices and to all other practices relating to the treatment
of students.
(2) 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 as students or clients of the institution 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
Secretary or his designee, 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.
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17976, July 5, 1973]
Sec. 17.5 Compliance information.
(a) Cooperation and assistance. The Secretary or his designee shall
to the fullest extent practicable seek the cooperation of recipients in
obtaining compliance with this part and shall provide assistance and
guidance to recipients to help them comply voluntarily with this part.
(b) Compliance reports. Each recipient shall keep such records and
submit to the Secretary or his designee timely, complete and accurate
compliance reports, at such times, and in such form and containing such
information, as the Secretary or his designee may determine to be
necessary to enable him to ascertain whether the recipient has complied
or is complying with this part. In general, recipients should have
available for the Department racial and ethnic data showing the extent
to which members of minority groups are beneficiaries of federally--
assisted programs. 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 this part.
(c) Access to sources of information. Each recipient shall permit
access by the Secretary or his designee 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 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 this
part and its applicability to the program under which the recipient
receives Federal financial assistance, and make such information
available to them in such manner as the Secretary or his designee finds
necessary to apprise such persons of the protections against
discrimination assured them by the Act and this part.
[38 FR 17976, July 5, 1973]
Sec. 17.6 Conduct of investigations.
(a) Periodic compliance reviews. The Secretary or his designee shall
from time to time review the practices of recipients to determine
whether they are complying with this part.
(b) Complaints. Any person who believes himself or any specific
class of individuals to be subjected to discrimination prohibited by
this part may by himself or by a representative file with the Secretary
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 Secretary, or his designee.
(c) Investigations. Whenever a compliance review, report, complaint,
or any other information indicates a possible failure to comply with
this part, a prompt investigation shall be made. The investigation
should include, where appropriate, a review of the pertinent practices and policies of
the recipient, the circumstances under which the possible noncompliance
with this part occurred, and other factors relevant to a determination
as to whether the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with this
part, the recipient shall be informed in writing and the matter will be
resolved by informal means whenever possible. If it has been determined
that the matter cannot be resolved by informal means, action will be
taken as provided for in Sec. 17.7.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section, the recipient and complainant, if any,
shall be informed in writing.
(e) 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 this part, or because he
has made a complaint, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this part. The
identity of complainants shall be kept confidential except to the extent
necessary to carry out the purposes of this part, including the conduct
of any investigation, hearing, or judicial proceeding arising
thereunder.
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973]
Sec. 17.7 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure
to comply with this part, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this part may be effected by the suspension or termination of or refusal
to grant or to continue Federal financial assistance 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. 17.4. If an applicant fails or refuses
to furnish an assurance required under Sec. 17.4 or otherwise fails or
refuses to comply with a requirement 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 this part.
(c) Termination of or refusal to grant or to continue Federal
financial assistance. No order suspending, terminating, or refusing to
grant or continue Federal financial assistance shall become effective
until (1) the Secretary or his designee 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 a requirement imposed by or
pursuant to this part, (3) the action has been approved by the Secretary
pursuant to Sec. 17.9(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 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
or his designee 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 10 days from the mailing
of such notice to the recipient or other person. During this period of
at least 10 days additional effort shall be made to persuade the
recipient or other person to comply with this part and to take such
corrective action as may be appropriate.
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973]
Sec. 17.8 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 17.7(c), 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
administrative law judge to whom the matter has been assigned 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 paragraph 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 Sec. 17.7(c) 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 Office
of Hearings and Appeals of the Department in the Washington, DC, area,
at a time fixed by the administrative law judge to whom the matter has
been assigned unless he determines that the convenience of the applicant
or recipient or of the Department requires that another place be
selected. Hearings shall be held before an administrative law judge
designated by the Office of Hearings and Appeals in accordance with 5
U.S.C. 3105 and 3344.
(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 as are
proper (and 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 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 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 officer conducting the hearing. 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 that 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 this part
with respect to two or more programs to which this part applies or
noncompliance with 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 this part. Final decisions in such cases, insofar
as this part is concerned, shall be made in accordance with Sec. 17.9.
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973]
Sec. 17.9 Decisions and notices.
(a) Initial decision by an administrative law judge. The
administrative law judge shall make an initial decision and a copy of
such initial decision shall be sent by registered mail, return receipt
requested, to the recipient or applicant.
(b) Review of the initial decision. The applicant or recipient may
file his exceptions to the initial decision, with his reasons therefor,
with the Director, Office of Hearings and Appeals, within thirty days of
receipt of the initial decision. In the absence of exceptions, the
Director, Office of Hearings and Appeals, on his own motion within
forty-five days after the initial decision, may notify the applicant or
recipient that he will review the decision. In the absence of exceptions
or a notice of review, the initial decision shall constitute the final
decision subject to the approval of the Secretary pursuant to paragraph
(f) of this section.
(c) Decisions by the Director, Office of Hearings and Appeals.
Whenever the Director, Office of Hearings and Appeals, reviews the
decision of a hearing examiner pursuant to paragraph (b) of this
section, the applicant or recipient shall be given reasonable
opportunity to file with him briefs or other written statements of its
contention, and a copy of the final decision of the Director, Office of
Hearings and Appeals, shall be given to the applicant or recipient and
to the complainant, if any.
(d) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 17.8(a), a decision shall be made by
the Director, Office of Hearings and Appeals 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.
(e) Rulings required. Each decision of an administrative law judge
or the Director, Office of Hearings and Appeals, shall set forth his
ruling on each finding, conclusion, or exception presented, and shall
identify the requirement or requirements imposed by or pursuant to this
part with which it is found that the applicant or recipient has failed
to comply.
(f) Approval by Secretary. Any final decision of a hearing examiner
or of the Director, Office of Hearings and Appeals, 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 this part of the act, shall promptly be transmitted to
the Secretary, who may approve such decision, may vacate it, or remit or
mitigate any sanction imposed.
(g) Content of decisions. The final decision may provide for the
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 effectuate the purposes of the act and 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 this regulation,
or to have otherwise failed to comply with this part, unless and until
it corrects its noncompliance and satisfies the Secretary that it will
fully comply with this part.
(h) Post termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (g) of this
section shall be restored to full eligibility 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
this part and provides reasonable assurance that it will fully comply
with this part.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (g) of this section may at any time
request the Secretary to restore fully its eligibility to receive
Federal financial assistance.
(3) If the Secretary denies any such request, the applicant or
recipient may submit to the Secretary a request for a hearing in
writing, specifying why it believes the Secretary to have been in error.
It shall thereupon be given an expeditious hearing, with a decision on
the record in accordance with the procedures set forth in subpart I of
part 4 of this title. The applicant or recipient shall be restored to
such eligibility if it proves at such a hearing that it satisfied the
requirements of paragraph (h)(1) of this section.
(4) While proceedings under this paragraph are pending, the
sanctions imposed by the order issued under paragraph (g) of this
section shall remain in effect.
[38 FR 17977, July 5, 1973; 44 FR 54299, Sept. 19, 1979]
Sec. 17.10 Judicial review.
Action taken pursuant to section 602 of the act is subject to
judicial review as provided in section 603 of the act.
[29 FR 16293, Dec. 4, 1964]
Sec. 17.11 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 grounds of race, color, or national origin under any
program to which this regulation applies 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 this part, except that nothing 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 this regulation. Nothing
in this regulation, however, shall be deemed to supersede any of the
following (including future amendments thereof): (1) Executive Orders
10925, 11114 and 11246, as amended and regulations issued thereunder,
(2) Executive Order 11063 and regulations issued thereunder, or any
other regulations or instructions insofar as such order, regulations, or
instructions prohibit discrimination on the grounds of race, color, or
national origin in any program or situation to which this part is
inapplicable, or prohibit discrimination on any other ground.
(b) Forms and instructions. The Secretary or his designee shall
issue and promptly make available to interested persons instructions and
procedures for effectuating this part as applied to programs to which
this part applies and for which he is responsible.
(c) Supervision and coordination. The Secretary may from time to
time assign to such officials of the Department as he deems appropriate,
or to officials of other departments or agencies of the Government with
the consent of such departments or agencies, responsibilities in
connection with the effectuation of the purposes of title VI of the act
and this part (other than responsibility for final decision as provided
in Sec. 17.9), 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 of the act and this
part to similar programs and in similar situations. Any action taken,
determination made or requirement imposed by an official of another
department or agency acting pursuant to an assignment of responsibility
under this paragraph shall have the same effect as
though such action had been taken by the Secretary of the Interior.
[29 FR 16293, Dec. 4, 1964, as amended at 43 FR 4259, Feb. 1, 1978]
Sec. 17.12 Definitions.
As used in this part:
(a) The term act means the Civil Rights Act of 1964 (Pub. L. 88-352
78 Stat. 241).
(b) The term Department means the Department of the Interior, and
includes each of its bureaus and offices.
(c) The term Secretary means the Secretary of the Interior or,
except in Sec. 17.9(f), any person to whom he has delegated his
authority in the matter concerned.
(d) The term 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.
(e) The term Federal financial assistance includes (1) grants and
loans of Federal funds, (2) grants or donations of Federal property and
interests in property, (3) the detail of Federal personnel (4) the sale
or lease of, or the permission to use (on other than a casual or
transient basis), Federal property or any interest in such property
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 or lease to the recipient, and (5) any Federal agreement,
arrangement, or other contract which has as one of its purposes the
provision of assistance.
(f) The term program includes any program, project, or activity for
the provision of services, financial aid, or other benefits to
individuals (including education or training, health, welfare,
rehabilitation, housing, or other services 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), or 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.
(g) The term 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.
(h) The term 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 any 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, assign, or transferee thereof, but
such term does not include the ultimate beneficiary under such program.
(i) The term primary recipient means any recipient which is
authorized or required to extend Federal financial assistance to another
recipient for the purpose of carrying out a program.
(j) The term applicant means one who submits an application,
request, or plan required to be approved by the head of a bureau or
office, or by a primary recipient, as a condition to eligibility for
Federal financial assistance, and the term ``application'' means such an
application, request, or plan.
(k) The term Office of Hearings and Appeals refers to a constituent
office of the Department established July 1, 1970. 35 FR 12081 (1970).
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17978, July 5, 1973]
Appendix A to Subpart A
Federal financial assistance subject to part 17 includes, but is not
limited to, that authorized by the following statutes:
I. Public Lands and Acquired Lands. (a) Grants and loans of Federal
funds.
1. Mineral Leasing Act of 1920, as amended and supplemented (30
U.S.C. 181--287).
2. Mineral Leasing Act for Acquired Lands (30 U.S.C. 351--359).
3. Alaska Grazing Act (44 Stat. 1452, 48 U.S.C. 471, et seq.).
4. Proceeds of Certain Land Sales (R.S. sec. 3689, as amended, 31
U.S.C. 711 (17)).
5. Taylor Grazing Act (48 Stat. 1269, as amended, 43 U.S.C. 315 et
seq.).
6. Oregon and California Railroad and Coos Bay Wagon Road Grant
Lands Act (50 Stat. 874, 43 U.S.C. 1181f).
7. Payment to States for Swamp Lands Erroneously Sold by U.S. (R.S.
sec. 3689, as amended, 31 U.S.C. 711 (18)).
8. Alaska Statehood Act, sec. 6(f), (72 Stat. 341, 48 U.S.C. note
preceding sec. 21).
(b) Sale, lease, grant, or other disposition of, or the permission
to use, Federal property or any interest in such property at less than
fair market value.
1. Materials Act (61 Stat. 681, as amended 30 U.S.C. 601--604).
2. Rights-of-way for Tramroads, Canals, Reservoirs (28 Stat. 635, as
amended, 43 U.S.C. 956, 957).
3. Highway Rights-of-way (R.S. sec. 2477 43 U.S.C. 932).
4. Small Tract Act (52 Stat. 609, as amended, 43 U.S.C. 682a--682e).
5. Rights-of-way for Dams, Reservoirs, Water Plants, Canals, etc.
(33 Stat. 628, 16 U.S.C. 524).
6. Rights-of-way for Power and Communication Facilities (36 Stat.
1253, as amended, 43 U.S.C. 961).
7. Recreation and Public Purposes Act (44 Stat. 741, as amended, 43
U.S.C. 869--869-4).
8. Stock-Watering Reservoirs (29 Stat. 434, as amended, 43 U.S.C.
952--955).
9. Alaska Housing Authority Act (63 Stat. 60, 48 U.S.C. 484c).
10. Railroad Rights-of-way in Alaska (30 Stat. 409, 48 U.S.C. 411--
419).
11. Grants to States in Aid Schools (44 Stat. 1026 as amended, 43
U.S.C. 870).
12. Carey Act (28 Stat. 422, as amended, 43 U.S.C. 641).
13. Airports and Aviation Fields (45 Stat. 728, as amended, 49
U.S.C. 211--214).
14. Special Land Use Permits (R.S. sec. 453, as amended, 43 U.S.C.
2).
15. Rights-of-way for Irrigation and Drainage (26 Stat. 1101, as
amended, 43 U.S.C. 946).
16. Rights-of-way for Pipelines to Transport Oil or Natural Gas (41
Stat. 449, as amended, 30 U.S.C. 185).
17. Townsite Laws (R.S. 2380 et seq., as amended, 43 U.S.C. 711 et
seq.).
18. Leases of Lands near Springs (43 Stat. 1133, 43 U.S.C. 971).
19. Rights-of-way for Railroads (18 Stat. 482, 43 U.S.C. 934).
20. Grants of Easements (76 Stat. 1129, 40 U.S.C. 319--319c).
II. Water and Power. (a) Grants and loans of Federal funds.
1. Federal Reclamation Program (32 Stat. 388, 43 U.S.C. 391, and
Acts amendatory or supplementary thereto).
2. Reservation of Land for Park, Playground, or Community Center (38
Stat. 727, 43 U.S.C. 569).
3. Distribution System Loan Program (69 Stat. 244, as amended, 43
U.S.C. 421a--421d).
4. Rehabilitation and Betterment Loan Program (63 Stat. 724, as
amended, 43 U.S.C. 504).
5. Small Reclamation Project Loan Program (70 Stat. 1044, 43 U.S.C.
422a--422k).
6. Assistance to School Districts on Reclamation Projects (62 Stat.
1108, 43 U.S.C. 385a).
7. Payment from Colorado River Dam Fund, Boulder Canyon Project (54
Stat. 776 as amended, 43 U.S.C. 618(c)).
8. Payment on In Lieu of Taxes Lands Acquired Pursuant to Columbia
Basin Project Act (57 Stat. 19, 16 U.S.C. 835c-1).
9. Payment in Lieu of Taxes on Land to Trinity County, California
(69 Stat. 729).
10. Saline Water Research Program (66 Stat. 328, as amended, 42
U.S.C. 1951).
11. Water User Repayment Obligations on Reclamation Projects (43
Stat. 703, 43 U.S.C. 501, 62 Stat. 273, 66 Stat. 754).
12. Water Resources Research Act (78 Stat. 329).
(b) Sale, lease, grant or other disposition of, or the permission to
use, Federal property or any interest in such property at less than fair
market value.
1. Townsite Disposal on Reclamation Projects (34 Stat. 116, 43
U.S.C. 566).
2. Transfer of Federal Property in Coulee Dam, Washington (71 Stat.
529, 16 U.S.C. 835c note).
3. Transfer of Federal Property to Boulder City, Nevada (72 Stat.
1726, 43 U.S.C. 617u note).
4. Reservation of Land for Park, Playground, or Community Center (38
Stat. 727, 43 U.S.C. 569).
5. Saline Water Research Program-Donation of Laboratory Equipment
(72 Stat. 1793, 42 U.S.C. 1892).
6. Reclamation Program-Conveyance of Land to School Districts (41
Stat. 326, 43 U.S.C. 570).
7. Recreation and Public Purposes Program (44 Stat. 741, as amended,
43 U.S.C. 869-869a).
8. Dedication of Land for Public Purposes, Page. Arizona (72 Stat.
1686, 1688).
9. Removal of Sand, Gravel, and Other Minerals, and Building
Materials from Reclamation Project Lands (53 Stat. 1196, as amended, 43
U.S.C. 387).
III. Mineral Resources. Grants and loans of Federal funds.
1. Control of Coal Mine Fires (68 Stat. 1009, 30 U.S.C. 551--558 et
seq.)
2. Anthracite Mine Drainage and Flood Control and Sealing of
Abandoned Mines and Filling Voids (69 Stat. 352, as amended, 30 U.S.C.
571--576).
3. Sealing and filling of voids in abandoned coal mines, reclamation
of surface mine areas, and extinguishing mine fires (79 Stat. 13, as
amended, 40 U.S.C., App., 205).
IV. Fish and Wildlife. (a) Grants of Federal funds.
1. Pittman-Robertson Act (50 Stat. 917, as amended, 16 U.S.C. 669).
2. Dingell-Johnson Act (64 Stat. 430, 16 U.S.C. 777).
3. Sharing of Refuge Revenues (49 Stat. 383, as amended, 16 U.S.C.
715s).
4. Aid to Alaska (Section 6(e) of the Alaska Statehood Act, 72 Stat.
340, and Act of February 28, 1944, 58 Stat. 101, 16 U.S.C. 631e).
5. Anadromous Fish Act of 1965 (79 Stat. 1125, 16 U.S.C. 757a--
757f).
6. Aid to Education (70 Stat. 1126, 16 U.S.C. 760d).
7. Jellyfish Act of 1966 (80 Stat. 1149, 16 U.S.C. 1201--1205).
(b) Sale, lease, grant, or other disposition of, or the permission
to use, Federal property or any interest in such property at less than
fair market value.
1. Cooperative Research and Training Program for Fish and Wildlife
Resources (74 Stat. 733, 16 U.S.C. 753a)
2. Protection and Conservation of Bald and Golden Eagles (54 Stat.
251, as amended 16 U.S.C. 668a).
3. Wildlife Land Transfers (sec. 8 of Colorado River Storage Project
Act of 1956, 70 Stat. 110, 43 U.S.C. 620g)
4. Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16
U.S.C. 661--664).
(c) Furnishing of services of a type for which the recipient would
otherwise pay.
1. Lampry Eradication Program (60 Stat. 930, as amended, 16 U.S.C.
921)
2. Cooperative Research and Training Program for Fish and Wildlife
Resources (74 Stat. 733, 16 U.S.C. 753a)
3. Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16
U.S.C. 661 et seq.).
V. Parks and Territories. (a) Grants and loans of Federal funds.
1. Payments to School Districts--Yellowstone National Park (62 Stat.
338, 16 U.S.C. 40a).
2. Payments in Lieu of Taxes--Grand Teton National Park (64 Stat.
851, 16 U.S.C. 406d-3).
3. Historic Preservation Act of 1966 (80 Stat. 915, 16 U.S.C. 47a).
4. Bureau of Outdoor Recreation (77 Stat. 49, 16 U.S.C. 460l).
5. Revised Organic Act of the Virgin Islands (68 Stat. 497, as
amended, 48 U.S.C. 1541--1644).
6. Guam Rehabilitation Act (77 Stat. 302).
7. Organic Act of Guam (64 Stat. 384 as amended, 48 U.S.C. 1421--
1425 except sec. 9(a), 48 U.S.C. 1422c(a)).
8. Guam Agricultural Act (P.L. 88-584, 78 Stat. 926).
9. Outdoor Recreation Programs (78 Stat. 897, as amended, 16 U.S.C.
460l--460l-11).
(b) Sale, lease, grant or other disposition of, or the permission
to, use Federal property or any interest in such property at less than
fair market value.
1. Puerto Rico Federal Relations Act (39 Stat. 954, 48 U.S.C. 748).
2. Virgin Islands Corporation Act (63 Stat. 350, as amended, 48
U.S.C. 1407 et seq.).
3. Territorial Submerged Lands Act (77 Stat. 338, 48 U.S.C. 1701--
1704).
4. Organic Act of Guam (64 Stat. 392, 48 U.S.C. 1421f(c)).
(c) Furnishing of services by the Federal Government of a type for
which the recipient would otherwise pay.
1. Bureau of Outdoor Recreation (77 Stat. 49, 16 U.S.C. 460l).
VI. Indian Affairs. (a) Grants and loans of Federal funds.
1. Menominee County, Wis. Educational Grants (76 Stat. 53).
(b) Sale, lease, grant, or other disposition of or the permission to
use, Federal property or any interest in such property at less than fair
market value.
1. Conveyance of School Property (67 Stat. 41, as amended, 25 U.S.C.
293a).
2. Adult Vocational Training Act (70 Stat. 986, 25 U.S.C. 309).
VII. General. 1. Department Projects under the Public Works
Acceleration Act (76 Stat. 541, 42 U.S.C. 2641--2643).
2. Grants for Support of Scientific Research (72 Stat. 1793, 42
U.S.C. 1891--1893).
3. Special Use Permits (R.S. sec. 441, as amended, 43 U.S.C. 1457).
4. Land and Water Conservation Fund Act of 1964 (Pub. L. 88-578, 78
Stat. 897).
[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17978, July 5, 1973]
Appendix B to Subpart A
The following statutes authorize programs limited to individuals of
a particular race, color, or national origin
I. Indians and Alaska Natives. 1. Snyder Act (42 Stat. 208, 25
U.S.C. 13).
2. Adult Vocational Training Act (70 Stat. 986, 25 U.S.C. 309).
3. Vocational and Trade School Act (48 Stat. 986, 25 U.S.C. 471)
4. Johnson-O'Malley Act (48 Stat. 596, as amended, 25 U.S.C. 452-53)
5. Revolving Fund for Loan to Indians (48 Stat. 986, 25 U.S.C. 470).
6. Revolving Fund for Loans to Tribes (77 Stat. 301).
7. Conveyance of Buildings, Improvements, or Facilities to Tribes
(70 Stat. 1057, 25 U.S.C. 443a).
8. Alaska Reindeer Act (50 Stat. 900, 48 U.S.C. 250--250p)
9. Disposals to Alaskan Natives (44 Stat. 629, 48 U.S.C. 355a and
355c).
II. Natives of Certain Territories. 1. Acceptance of Samoan Cession
Agreement (45 Stat. 1253, as amended, 48 U.S.C. 1661).
2. Samoan Omnibus Act (76 Stat. 586, 48 U.S.C. 1666)
3. Guam Organic Act (64 Stat. 387, 48 U.S.C. 1422c).
[29 FR 16293, Dec. 4, 1964]
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