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7 C.F.R. ยงยง 15b.1 - 15b.42
Part 15b -- NONDISCRIMINATION ON THE BASIS OF HANDICAP IN
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--General Provisions
Sec.
15b.1 Purpose.
15b.2 Applicability.
15b.3 Definitions.
15b.4 Discrimination prohibited.
15b.5 Assurances required.
15b.6 Designation of responsible employee and adoption of grievance
procedures.
15b.7 Notice of nondiscrimination and accessible services.
15b.8 Remedial action, voluntary action, and self-evaluation.
15b.9 Effect of State or local law or other requirements, and effect of
employment opportunities.
15b.10 Effect of compliance with regulations of other Federal agencies.
Subpart B--Employment Practices
15b.11 Applicability.
15b.12 Discrimination prohibited.
15b.13 Reasonable accommodation.
15b.14 Employment criteria.
15b.15 Preemployment inquiries.
Subpart C--Program Accessibility
15b.16 Applicability.
15b.17 Discrimination prohibited.
15b.18 Existing facilities.
15b.19 New construction.
Subpart D--Preschool, Elementary, Secondary, Adult, and Extension
Education
15b.20 Applicability
15b.21 Location and notification.
15b.22 Free appropriate public education.
15b.23 Educational setting.
15b.24 Evaluation and placement.
15b.25 Procedural safeguards.
15b.26 Nonacademic services.
15b.27 Extension education.
15b.28 Private education programs.
Subpart E--Postsecondary Education
15b.29 Applicability.
15b.30 Admissions and recruitment.
15b.31 Treatment of students.
15b.32 Academic adjustments.
15b.33 Housing.
15b.34 Financial and employment assistance to students.
15b.35 Nonacademic services.
Subpart F--Other Programs and Activities
15b.36 Applicability.
15b.37 Auxiliary aids.
15b.38 Health care facilities.
15b.39 Education of institutionalized persons.
15b.40 Food services.
15b.41 Multi-family rental housing.
Subpart G--Procedures
15b.42 Procedures.
Appendix A to Part 15b--List of USDA-Assisted Programs
Authority: 29 U.S.C. 794.
Source: 47 FR 25470, June 11, 1982, unless otherwise noted.
Subpart A--General Provisions
Sec. 15b.1 Purpose.
The purpose of this part is to implement section 504 of the
Rehabilitation Act of 1973, as amended, to the end that no otherwise
qualified handicapped individual in the United States shall solely by
reason of his or her handicap be excluded from the participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
Sec. 15b.2 Applicability.
This part applies to all programs and activities that receive
Federal financial assistance extended by the Department of Agriculture
after the effective date of this part whether or not the assistance was
approved after the effective date. Subparts A, B, and C are of general
applicability. Subparts D, E, and F are tailored to specific programs.
Subpart G is procedural.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990]
Sec. 15b.3 Definitions.
As used in this part, the term or phrase:
(a) The Act means the Rehabilitation Act of 1973, Public Law 93-112,
87 Stat. 390 (1973), as amended by the Rehabilitation Act Amendments of
1974, Public Law 93-651, 89 Stat. 2 (1974) and Public Law 93-516, 88
Stat. 1617 (1974) and the Rehabilitation, Comprehensive Services and
Developmental Disabilities Amendments of 1978, Public Law 95-602, 92
Stat. 2955 (1978). The Act appears at 29 U.S.C. 701-794.
(b) Section 504 means section 504 of the Act, 29 U.S.C. 794.
(c) Education of the Handicapped Act means the Education of the
Handicapped Act, Public Law 92-230, Title VI, 84 Stat. 175 (1970), as
amended by the Education of the Handicapped Amendments of 1974, Public
Law 93-380, Title VI, 88 Stat. 576 (1974), the Education for All
Handicapped Children Act of 1975, Public Law 94-142, 89 Stat. 773
(1975), and the Education of the Handicapped Amendments of 1977, Public
Law 95-49, 91 Stat. 230 (1977). The Education of the Handicapped Act
appears at 20 U.S.C. 1401-1461.
(d) Department means the Department of Agriculture and includes each
of its operating agencies and other organizational units.
(e) Secretary means the Secretary of Agriculture or any officer or
employee of the Department to whom the Secretary has delegated or may
delegate the authority to act under the regulations of this part.
(f) Recipient means any State or its political subdivision, any
instrumentality of a State or its political subdivision, any public or
private agency, institution, organization, or other entity, or any
person to which Federal financial assistance is extended directly or
through another recipient, including any successor, assignee, or
transferee of a recipient, but excluding the ultimate beneficiary of the
assistance.
(g) Federal financial assistance or assistance means any grant,
contract (other than a procurement contract or a contract of insurance
or guaranty), cooperative agreement, formula allocation, loan, or any
other arrangement by which the Department provides or otherwise makes
available assistance in the form of:
(1) Funds;
(2) Services of Federal personnel;
(3) Real and personal Federal property or any interest in Federal
property, including:
(i) A sale, transfer, lease or use (on other than a casual or
transient basis) of Federal property for less than fair market value,
for reduced consideration or in recognition of the public nature of the
recipient's program or activity; and
(ii) Proceeds from a subsequent sale, transfer or lease of Federal
property if the Federal share of its fair market value is not returned
to the Federal Government.
(4) Any other thing of value.
(h) Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, or other real or personal
property or interest in such property.
(i) Handicapped person means any person who has a physical or mental
impairment which substantially limits one or more major life activities,
has a record of such an impairment, or is regarded as having such an
impairment.
(j) Physical or mental impairment means (1) any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: Neurological;
musculoskeletal; special sense organs; respiratory, including speech
organs; cardiovascular; reproductive; digestive; genitourinary; hemic
and lymphatic; skin; and endocrine; or (2) any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities. The term physical
or mental impairment includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech, and hearing impairments;
cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis,
cancer; heart disease; diabetes; mental retardation; emotional illness;
and drug addiction and alcoholism.
(k) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
(l) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(m) Is regarded as having an impairment means (1) has a physical or
mental impairment that does not substantially limit major life
activities but that is treated by a recipient as constituting such a
limitation; (2) has a
physical or mental impairment that substantially limits major life
activities only as a result of the attitudes of others towards such
impairments, or (3) has none of the impairments defined in paragraph (j)
of this section but is treated by a recipient as having such an
impairment.
(n) Qualified handicapped person (used synonymously with otherwise
qualified handicapped individual) means:
(1) With respect to employment, a handicapped person who, with
reasonable accommodation, can perform the essential functions of the job
in question, but the term does not include any individual who is an
alcoholic or drug abuser whose current use of alcohol or drugs prevents
such individual from performing the duties of the job in question or
whose employment, by reason of such current alcohol or drug abuse, would
constitute a direct threat to property or the safety of others;
(2) With respect to public preschool, elementary, secondary, or
adult educational services, a handicapped person, (i) of an age during
which non-handicapped persons are provided such services, (ii) of an age
during which it is mandatory under State law to provide such services to
handicapped persons, or (iii) to whom a State is required to provide a
free appropriate public education under section 612 of the Education of
the Handicapped Act; and
(3) With respect to postsecondary and vocational education services,
a handicapped person who meets all academic and technical standards
requisite to admission or participation in the recipient's education
program or activity;
(4) With respect to other services, a handicapped person who meets
the essential eligibility requirements for the receipt of such services.
(o) Handicap means any condition or characteristic that renders a
person a handicapped person as defined in paragraph (i) of this section.
(p) For purposes of Sec. 15b.18(d), Historic preservation programs
means programs receiving Federal financial assistance that has
preservation of historic properties as a primary purpose.
(q) For purposes of Sec. 15b.18(e), Historic properties means those
buildings or facilities that are eligible for listing in the National
Register of Historic Places, or such properties designated as historic
under a statute of the appropriate State or local government body.
(r) For purposes of Sec. 15b.18(d), Substantial impairment means a
significant loss of the integrity of finished materials, design quality
or special character which loss results from a permanent alteration.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990]
Sec. 15b.4 Discrimination prohibited.
(a) General. No qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity receiving assistance from this Department.
(b) Discriminatory actions prohibited. (1) A recipient, in providing
any aid, benefit or service, may not, directly or through contractual,
licensing, or other arrangements, on the basis of handicap:
(i) Deny a qualified handicapped person the opportunity to
participate in or benefit from the aid, benefit or services;
(ii) Afford a qualified handicapped person an opportunity to
participate in or benefit from the aid, benefit or services that is not
equal to that afforded others;
(iii) Provide a qualified handicapped person with an aid, benefit or
service that is not as effective in affording equal opportunity to
obtain the same result, to gain the same benefit or to reach the same
level of achievement in the most integrated setting appropriate as that
provided to others;
(iv) Provide a different or separate aid, benefit or service to
handicapped persons or to any class of handicapped persons unless such
action is necessary to provide qualified handicapped persons with an
aid, benefit or service that are as effective as those provided to
others;
(v) Aid or perpetuate discrimination against a qualified handicapped
person by providing significant assistance to an agency, organization,
or person that discriminates on the basis of handicap
in providing any aid, benefit or service to beneficiaries of the
recipient's program;
(vi) Deny a qualified handicapped person the opportunity to
participate as a member of planning or advisory boards; or
(vii) Otherwise limit a qualified handicapped person in the
enjoyment of any rights, privilege, advantage, or opportunity enjoyed by
others receiving an aid, benefit or service.
(2) For purposes of this part, aids, benefits and services, to be
equally effective, are not required to produce the identical result or
level of achievement for handicapped and nonhandicapped persons, but
must afford handicapped persons equal opportunity to obtain the same
result, to gain the same benefit, or to reach the same level of
achievement, in the most integrated setting appropriate to the person's
needs.
(3) Despite the existence of separate or different programs or
activities provided in accordance with this part, a recipient may not
deny a qualified handicapped person the opportunity to participate in
such programs or activities that are not separate or different.
(4) A recipient may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration (i) that
have the effect of subjecting qualified handicapped persons to
discrimination on the basis of handicap, (ii) that have the purpose or
effect of defeating or substantially impairing accomplishment of the
objectives of the recipient's program with respect to handicapped
persons, or (iii) that perpetuate the discrimination of another
recipient if both recipients are subject to common administrative
control or are agencies of the same State.
(5) In determining the site or location of a facility, an applicant
for assistance or a recipient may not make selections (i) that have the
effect of excluding handicapped persons, from denying them the benefits
of, or otherwise subjecting them to discrimination under any program or
activity that receives or benefits from Federal financial assistance or
(ii) that have the purpose or effect of defeating or substantially
impairing the accomplishment of the objectives of the program or
activity with respect to handicapped persons.
(6) As used in this section, an aid, benefit or service provided
under a program or activity receiving or benefiting from Federal
financial assistance includes any aid, benefit or service provided in or
through a facility that has been constructed, expanded, altered, leased
or rented, or otherwise acquired, in whole or in part, with Federal
financial assistance.
(c) Programs limited by Federal law. The exclusion of nonhandicapped
persons from the benefits of a program limited by Federal statute or
executive order to handicapped persons or the exclusion of a specific
class of handicapped persons from a program limited by Federal statute
or executive order to a different class of handicapped persons is not
prohibited by this part.
(d) Communications. Recipients shall take appropriate steps to
ensure that communications with their applicants, employees, and
beneficiaries are available to persons with impaired vision and hearing.
Sec. 15b.5 Assurances required.
(a) Assurances. An applicant for Federal financial assistance for a
program or activity to which this part applies shall submit an
assurance, on a form specified by the Secretary, that the program will
be operated in compliance with this part. An applicant may incorporate
these assurances by reference in subsequent applications to the
Department.
(b) Duration of obligation. (1) In the case of Federal financial
assistance extended in the form of real property or to provide real
property or structures on the property, the assurance will obligate the
recipient, or, in the case of a subsequent transfer, the transferee, for
the period during which the real property or structures are used for the
purpose for which Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits.
(2) In the case of Federal financial assistance extended to provide
personal property, the assurance will obligate the recipient for the
period during which it retains ownership or possession of the property.
(3) In all other cases, the assurance will obligate the recipient
for the period during which Federal financial assistance is extended.
(c) Covenants. (1) Where Federal financial assistance is provided in
the form of real property or interest in the property from the
Department, the instrument effecting or recording this transfer shall
contain a covenant running with the land to assure nondiscrimination for
the period during which the real property is used for the purpose for
which the Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits.
(2) Where no transfer of property is involved but property is
purchased or improved with Federal financial assistance, the recipient
shall agree to include the covenant described in paragraph (c)(1) of
this section in the instrument effecting or recording any subsequent
transfer of the property.
(3) Where Federal financial assistance is provided in the form of
real property or interest in the property from the Department, the
covenant shall 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. 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
the property for the purposes for which the property was transferred,
the Secretary may, upon request of the transferee and if necessary to
accomplish such financing and upon such conditions as the Secretary
deems appropriate, agree to forebear the exercise of such right to
revert title for so long as the lien of such mortgage or other
encumbrance remains effective.
Sec. 15b.6 Designation of responsible employee and adoption of
grievance procedures.
(a) Designation of responsible employee. A recipient that employs
fifteen or more persons shall designate at least one person to
coordinate its efforts to comply with this part.
(b) Adoption of grievance procedures. A recipient that employs
fifteen or more persons shall adopt grievance procedures that
incorporate appropriate due process standards and that provide for the
prompt and equitable resolution of complaints alleging any action
prohibited by this part. Such procedures need not be established with
respect to complaints from applicants for employment or from applicants
for admission to postsecondary educational institutions.
(c) The Secretary may require any recipient with fewer than fifteen
employees to designate a responsible employee and adopt grievance
procedures when the Secretary finds a violation of this part or finds
that complying with these administrative requirements will not
significantly impair the ability of the recipient to provide benefits or
services.
Sec. 15b.7 Notice of nondiscrimination and accessible services.
(a) A recipient shall take appropriate initial and continuing steps
to notify participants, beneficiaries, applicants, and employees,
including those with impaired vision or hearing, and unions or
professional organizations holding collective bargaining or professional
agreements with the recipient that it does not discriminate on the basis
of handicap in violation of section 504 and this part. The notification
shall state, where appropriate, that the recipient does not discriminate
in admission or access to, or treatment or employment in, its programs
and activities. The recipient shall also identify the responsible
employee designated pursuant to Sec. 15b.6(a), and identify the
existence and location of accessible services, activities, and
facilities. A recipient shall make the initial notification required by
this paragraph within 90 days of the effective date of this part.
Methods of initial and continuing notification may include but are not
limited to the posting of notices, placement of notices in the
recipient's publications, radio announcements, and the use of other
visual and aural media.
(b) If a recipient publishes or uses recruitment materials or
publications containing general information that it makes available to
participants, beneficiaries, applicants or employees, it
shall include in those materials or publications a statement of the
policy described in paragraph (a) of this section. A recipient may meet
the requirement of this paragraph either by including appropriate
inserts in existing materials and publications or by revising and
reprinting the materials and publications.
Sec. 15b.8 Remedial action, voluntary action, and self-evaluation.
(a) Remedial action. (1) If the Secretary finds that a recipient has
discriminated against persons on the basis of handicap in violation of
section 504 or this part, the recipient shall take such remedial action
as the Secretary deems necessary to overcome the effects of the
discrimination.
(2) Where a recipient is found to have discriminated against persons
on the basis of handicap in violation of section 504 or this part and
where another recipient exercises control over the recipient that has
discriminated, the Secretary, where appropriate, may require either or
both recipients to take remedial action.
(3) The Secretary may, where necessary to overcome the effects of
discrimination in violation of section 504 or this part, require a
recipient to take remedial action (i) with respect to handicapped
persons who are no longer participants in the recipient's program but
who were participants in the program when such discrimination occurred
or (ii) with respect to handicapped persons who would have been
participants in the program had the discrimination not occurred, or
(iii) with respect to handicapped persons presently in the program, but
not receiving full benefits or equal and integrated treatment within the
program.
(b) Voluntary action. A recipient may take steps, in addition to any
action that is required by this part, to overcome the effects of
conditions that resulted in limited participation in the recipient's
program or activity by qualified handicapped persons.
(c) Self-evaluation. (1) A recipient shall, within one year of the
effective date of this part:
(i) Evaluate, with the assistance of interested persons, including
handicapped persons or organizations representing handicapped persons,
its current policies and practices and the effects thereof that do not
or may not meet the requirements of this part.
(ii) Modify, after consultation with interested persons, including
handicapped persons or organizations representing handicapped persons,
any policies and practices that do not meet the requirements of this
part; and
(iii) Take, after consultation with interested persons, including
handicapped persons or organizations representing handicapped persons,
appropriate remedial steps to eliminate the effects of any
discrimination that resulted from adherence to these policies and
practices.
(2) A recipient shall, for at least three years following completion
of the evaluation required under paragraph (c)(1) of this section,
maintain on file, make available for public inspection, and provide to
the Secretary upon request: (i) A list of the interested persons
consulted, (ii) a description of areas examined and any problems
identified, and (iii) a description of any modifications made and of any
remedial steps taken.
Sec. 15b.9 Effect of State or local law or other requirements, and
effect of employment opportunities.
(a) The obligation to comply with this part is not obviated or
alleviated by the existence of any State or local law or other
requirement that, on the basis of handicap, imposes prohibitions or
limits upon the eligibility of qualified handicapped persons to receive
services or to practice any occupation or profession.
(b) The obligation to comply with this part is not obviated or
alleviated because employment opportunities in any occupation or
profession are or may be more limited for handicapped persons than for
nonhandicapped persons.
Sec. 15b.10 Effect of compliance with regulations of other Federal
agencies.
A recipient that has designated a responsible official and
established a grievance procedure, provided notice, completed a self-
evaluation, or prepared a transition plan in the course of complying
with regulations issued by
other Federal agencies under section 504 will be in compliance with
Sec. 15b.6, Sec. 15b.7, Sec. 15b.8(c), or Sec. 15b.18(f), respectively,
if all requirements of those sections have been met in regard to
programs assisted by this Department.
Subpart B--Employment Practices
Sec. 15b.11 Applicability.
This subpart applies to all programs and activities that receive
Federal financial assistance provided by the Department of Agriculture
after the effective date of this part.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990]
Sec. 15b.12 Discrimination prohibited.
(a) General. (1) No qualified handicapped person shall, on the basis
of handicapped, be subjected to discrimination in employment under any
program or activity receiving assistance from this Department.
(2) A recipient shall make all decisions concerning employment in a
manner which ensures that discrimination on the basis of handicap does
not occur and may not limit, segregate, or classify applicants or
employees in any way that adversely affects their opportunities or
status because of handicap.
(3) A recipient may not participate in a contractural or other
relationship that has the effect of subjecting qualified handicapped
applicants or employees to discrimination prohibited by this subpart.
This includes relationships with employment and referral agencies, with
labor unions with organizations providing or administering fringe
benefits to employees of the recipient, and with organizations providing
training and apprenticeship programs.
(4) All provisions of this subpart pertaining to employment, apply
equally to volunteer service.
(b) Specific activities. The provisions of this subpart apply to:
(1) Recruitment, advertising, and the processing of applications for
employment;
(2) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right to return from layoff, and
rehiring;
(3) Rates of pay or any other form of compensation and changes in
compensation;
(4) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;
(5) Leaves of absence, sick leave, or any other leave;
(6) Fringe benefits available by virtue of employment, whether or
not administered by the recipient;
(7) Selection and financial support for training, including
apprenticeship, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
(8) Employer sponsored activities, including social or recreational
programs; and
(9) Any other term, condition, or privilege of employment.
(c) A recipient's obligation to comply with this subpart is not
affected by any inconsistent term of any collective bargaining agreement
to which it is a party.
Sec. 15b.13 Reasonable accommodation.
(a) A recipient shall make reasonable accommodation to the known
physical or mental limitations of an otherwise qualified handicapped
applicant or employee unless the recipient can demonstrate that the
accommodation would impose an undue hardship on the operation of its
program.
(b) Reasonable accommodation may include (1) Making facilities used
by employees readily accessible to and useable by handicapped persons,
and (2) Job restructuring, part-time or modified work schedules,
acquisition or modification of equipment or devices, the provisions of
readers or interpreters, and other similar actions.
(c) In determining pursuant to paragraph (a) of this section whether
an accommodation would impose an undue hardship on the operation of a
recipient's programs, factors to be considered include:
(1) The overall size of the recipient's program with respect to
number of employees, number and type of facilities, and size of budget;
(2) The type of the recipient's operation, including the composition
and structure of recipient's workforce;
(3) The nature and cost of the accommodation needed.
(d) A recipient may not deny any employment opportunity to a
qualified handicapped employee or applicant if the basis for the denial
is the need to make reasonable accommodation to the physical or mental
limitations of the employee or applicant.
Sec. 15b.14 Employment criteria.
(a) A recipient may not make use of any employment test or other
selection criterion that screens out or tends to screen out handicapped
persons or any class of handicapped persons unless: (1) The recipient
shows that the test score or other selection criterion, as used by the
recipient, is job-related for the position in question, and (2) the
Secretary cannot show that alternative job-related tests or criteria are
available that do not screen out or tend to screen out as many
handicapped persons.
(b) A recipient shall select and administer tests concerning
employment so as best to ensure that, when administered to an applicant
or employee who has a handicap that impairs sensory, manual, or speaking
skills, the test results accurately reflect the applicant's or
employee's job skills, aptitude, or whatever other factor the test
purports to measure, rather than reflecting the applicant's or
employee's impaired sensory, manual, or speaking skills (except where
those skills are the factors that the test purports to measure).
Sec. 15b.15 Preemployment inquiries.
(a) Except as provided in paragraphs (b) and (c) of this section, a
recipient may not conduct a preemployment medical examination or may not
make preemployment inquiry of an applicant as to whether the applicant
is a handicapped person or as to the nature or severity of a handicap. A
recipient may, however, make preemployment inquiry into an applicant's
ability to perform job-related functions.
(b) When a recipient is taking remedial action to correct the
effects of past discrimination pursuant to Sec. 15b.8(a), when a
recipient is taking voluntary action to overcome the effects of
conditions that resulted in limited participation in its federally
assisted program or activity pursuant to Sec. 15b.8(b), or when a
recipient is taking affirmative action pursuant to section 503 of the
Act, the recipient may invite applicants for employment to indicate
whether and to what extent they are handicapped: Provided, That (1) the
recipient states clearly on any written questionnaire used for this
purpose or makes clear orally if no written questionnaire is used that
the information requested is intended for use solely in connection with
its remedial action obligations or its voluntary affirmative action
efforts; and (2) the recipient states clearly that the information is
being requested on a voluntary basis, that it will be kept confidential
as provided in paragraph (d) of this section, that refusal to provide it
will not subject the applicant or employee to any adverse treatment, and
that it will be used only in accordance with this part.
(c) Nothing in this section shall prohibit a recipient for
conditioning an offer of employment on the results of a medical
examination conducted prior to the employee's entrance on duty:
Provided, That (1) all entering employees are subjected to such an
examination regardless of handicap; and (2) the results of such an
examination are used only in accordance with the requirements of this
part.
(d) Information obtained in accordance with this section as to the
medical condition or history of the applicant shall be collected and
maintained on separate forms that shall be accorded the same
confidentiality as medical records except that:
(1) Supervisors and managers may be informed regarding restrictions
on the work or duties of handicapped persons and regarding necessary
accommodations;
(2) First aid and safety personnel may be informed, where
appropriate, if the condition might require emergency treatment; and
(3) Governement officials investigating compliance with the Act
shall be provided relevant information upon request.
Subpart C--Program Accessibility
Sec. 15b.16 Applicability.
This subpart applies to all programs and activities that receive
Federal financial assistance provided by the Department of Agriculture
after the effective date of this part.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990]
Sec. 15b.17 Discrimination prohibited.
No qualified handicapped person shall, because a recipient's
facilities are inaccessible to or unusuable by handicapped persons, be
denied the benefits of, be excluded from participation in, or otherwise
be subjected to discrimination under any program or activity receiving
assistance from this Department.
Sec. 15b.18 Existing facilities.
(a) Program accessibility. A recipient shall operate each assisted
program or activity so that the program or activity, when viewed in its
entirety, is readily accessible to and usable by qualified handicapped
persons. This paragraph does not necessarily require a recipient to make
each of its existing facilities or every part of an existing facility
accessible to and usable by qualified handicapped persons.
(b) Method. A recipient may comply with the requirements of
paragraph (a) of this section through such means as redesign of
equipment, reassignment of classes or other services to accessible
buildings, assignment of aides to beneficiaries, home visits, delivery
of services at alternate accessible sites, alteration of exiting
facilities and construction of new facilities in conformance with the
requirements of Sec. 15b.19, or any other method that results in making
its program or activity accessible to qualified handicapped persons. A
recipient is not required to make structural changes in existing
facilities where other methods are effective in achieving compliance
with paragraph (a) of this section. In choosing among available methods
for meeting the requirement of paragraph (a) of this section, a
recipient shall give priority to those methods that offer programs and
activities to qualified handicapped persons in the most intergrated
setting appropriate to obtain the full benefits of the program.
(c) Small providers. If a recipient with fewer than fifteen
employees finds, after consultation with a handicapped person seeking
its services, that there is no method of complying with paragraph (a) of
this section other than by making a significant alteration in its
existing facilities, the recipient may, as an alternative, refer the
handicapped person to other providers of those services that are
accessible at no additional cost to handicapped persons.
(d) Application for modification of requirements. Recipients that
determine after a self-evaluation conducted according to the
requirements of Sec. 15b.8(c), that program accessibility can only be
accomplished through substantial modifications which would result in a
fundamental alteration in the nature of the program, may apply to the
Secretary for a modification of the requirements of this section.
(e) Historic preservation programs. Application for waiver of
program accessibility requirements. (1) In the case of historic
preservation programs, program accessibility means that, when viewed in
its entirety, a program is readily accessible to and usable by
handicapped persons. This paragraph does not necessarily require a
recipient to make each of its existing historic properties or every part
of an historic property accessible to and usable by handicapped persons.
Methods of achieving program accessibility include:
(i) Making physical alterations which enable handicapped persons to
have access to otherwise inaccessible areas or features of historic
properties;
(ii) Using audio-visual materials and devices to depict otherwise
inaccessible areas or features of historic properties;
(iii) Assigning persons to guide handicapped persons into or through
otherwise inaccessible portions of historic properties;
(iv) Adopting other innovative methods to achieve program
accessibility. Because the primary benefit of an historic preservation
program is the experience of the historic property itself, in taking
steps to achieve program accessibility, recipients shall give priority
to those means which make the historic property, or portions thereof
physicially accessible to handicapped individuals.
(2) Where program accessibility cannot be achieved without causing a
substantial impairment of significant historic features, the Secretary
may grant a waiver of the program accessibility requirement. In
determining whether program accessibility can be achieved without
causing a substantial impairment, the Secretary shall consider the
following factors:
(i) Scale of property, reflecting its ability to absorb alterations;
(ii) Use of the property, whether primarily for public or private
purpose;
(iii) Importance of the historic features of the property to the
conduct of the program; and,
(iv) Cost of alterations in comparison to the increase in
accessibility.
The Secretary shall periodically review any waiver granted under this
section and may withdraw it if technological advances or other changes
so warrant.
(3) Where the property is federally owned or where Federal funds may
be used for alterations, the comments of the Advisory Council on
Historic Preservation shall be obtained when required by section 106 of
the National Historic Preservation Act of 1966, as amended (16 U.S.C.
470), and 36 CFR part 800, prior to effectuation of structural
alterations.
(f) Time period. A recipient shall comply with the requirements of
paragraph (a) of this section within sixty days of the effective date of
this part except that where structural changes in facilities are
necessary, such changes shall be made within three years of the
effective date of this part and as expeditiously as possible.
(g) Transition plan. In the event that structural changes to
facilities are necessary to meet the requirement of paragraph (a) of
this section, a recipient shall develop, within one year of the
effective date of this part, a transition plan setting forth the steps
necessary to complete such changes. The plan shall be developed with the
assistance of interested persons, including handicapped persons or
organizations representing handicapped persons. A copy of the transition
plan shall be made available for public inspection. The plan shall, at a
minimum:
(1) Identify physical obstacles in the recipient's facilities that
limit the accessibility of its program or activity to handicapped
persons;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
(3) Specify the schedule for taking the steps necessary to achieve
full program accessibility and if the time period of the transition plan
is longer than one year, identify steps that will be taken during each
year of the transition period; and
(4) Identify the person responsible for implementation of the plan.
Sec. 15b.19 New construction.
(a) Design and construction. Each facility or part of a facility
constructed by, on behalf of, or for the use of a recipient shall be
designed and constructed in such manner that the facility or part of the
facility is readily accessible to and usable by handicapped persons, if
the construction is commenced after the effective date of this part.
(b) Alteration. Each facility or part of a facility which is altered
by, on behalf of, or for the use of a recipient after the effective date
of this part in a manner that affects or could affect the usability of
the facility or part of the facility shall to the maximum extent
feasible, be altered in such manner that the altered portion of the
facility is readily accessible to and usable by handicapped persons.
(c) Conformance with Uniform Federal Accessibility Standards. (1)
Effective as of January 18, 1991, design, construction, or alteration of
buildings in conformance with sections 3-8 of the Uniform Federal
Accessibility Standards (USAF) (appendix A to 41 CFR subpart 101-19.6)
shall be deemed to comply with the requirements of this section with
respect to those buildings. Departures from particular technical and
scoping requirements of UFAS by the use of other methods are permitted
where substantially equivalent or greater access to and usability of the
building is provided.
(2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall
be interpreted to exempt from the requirements of UFAS only mechanical
rooms and other spaces that, because of their intended use, will not
require accessibility to the public or beneficiaries or result in the
employment or residence therein of persons with physical handicaps.
(3) This section does not require recipients to make building
alterations that have little likelihood of being accomplished without
removing or altering a load-bearing structural member.
(d) Compliance with the Architectural Barriers Act of 1968. Nothing
in this section of Sec. 15b.18 relieves recipients, whose facilities are
covered by the Architectural Barriers Act of 1968, as amended (42 U.S.C.
4151-4157) from their responsibility of complying with the requirements
of that Act and any implementing regulations.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52138, 52139, Dec. 19,
1990]
Subpart D--Preschool, Elementary, Secondary, Adult, and Extension
Education
Sec. 15b.20 Applicability.
Except as otherwise noted, this subpart applies to public and
private schools, elementary, secondary, adult, and extension education
programs and activities that receive Federal financial assistance
provided by the Department of Agriculture after the effective date of
this part and to recipients that operate, or that receive Federal
financial assistance for the operation of, such programs or activities.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990]
Sec. 15b.21 Location and notification.
A recipient that operates a public elementary or secondary education
program shall annually:
(a) Undertake to identify and locate every qualified handicapped
person residing in the recipient's jurisdiction who is not receiving a
public education; and
(b) Take appropriate steps to notify handicapped persons and their
parents or guardians of the recipient's duty under this subpart.
Sec. 15b.22 Free appropriate public education.
(a) General. A recipient that operates a public elementary or
secondary education program shall provide a free appropriate public
education to each qualified handicapped person who is in the recipient's
jurisdiction, regardless of the nature or severity of the person's
handicap.
(b) Appropriate education. (1) For the purpose of this subpart, the
provision of an appropriate education is the provision of regular or
special education and related aids and services that (i) are designed to
meet individual educational needs of handicapped persons as adequately
as the needs of nonhandicapped persons are met and (ii) are based upon
adherence to procedures that satisfy the requirements of Sec. 15b.23,
Sec. 15b.24, and Sec. 15b.25.
(2) Implementation of an individualized education program developed
in accordance with the Education of the Handicapped Act is one means of
meeting the standard established in paragraph (b)(1)(i) of this section.
(3) A recipient may place a handicapped person in or refer such
person to a program other than the one that it operates as its means of
carrying out the requirements of this subpart. If so, the recipient
remains responsible for ensuring that the requirements of this subpart
are met with respect to any handicapped person so placed or referred.
(c) Free education--(1) General. For the purpose of this section,
the provision of a free education is the provision of educational and
related services without cost to handicapped persons or their parents or
guardians, except for those fees that are imposed on nonhandicapped
persons or their parents or guardians. It may consist either of the
provision of free services or, if a recipient places a handicapped
person in or refers such person to a program not operated by the
recipient as its means of carrying out the requirements of this subpart,
payment for the costs of the program. Funds available from any public or
private agency may be used
to meet the requirements of this subpart. Nothing in this section shall
be construed to relieve an insurer or similar third party from an
otherwise valid obligation to provide or pay for services provided to a
handicapped person.
(2) Transportation. If a recipient places a handicapped person in or
refers such person to a program not operated by the recipient as its
means of carrying out the requirements of this subpart, the recipient
shall ensure that adequate transportation to and from the program is
provided at no greater cost than would be incurred by the person or his
or her parents or guardian if the person were placed in the program
operated by the recipient.
(3) Residential placement. If placement in a public or private
residential program is necessary to provide a free appropriate public
education to a handicapped person because of their handicap, the
program, including nonmedical care and room and board, shall be provided
at no cost to the person or his or her parents or guardian.
(4) Placement of handicapped persons by parents. If a recipient has
made available in conformance with the requirements of this section and
Sec. 15b.23, a free appropriate public education to a handicapped person
and the person's parents or guardian choose to place the person in a
private school, the recipient is not required to pay for the person's
education in the private school. Disagreements between a parent or
guardian and a recipient regarding whether the recipient has made such a
program available or otherwise regarding the question of financial
responsibility are subject to the due process procedures of Sec. 15b.25.
(d) Compliance. A recipient may not exclude any qualified
handicapped person from a public elementary or secondary education after
the effective date of this regulation. A recipient that is not, on the
effective date of this regulation, in full compliance with the other
requirements of the preceding paragraphs of this section shall meet such
requirements at the earliest practicable time but in no event later than
September 1, 1982.
Sec. 15b.23 Educational setting.
(a) Academic setting. A recipient to which this subpart applies
shall educate, or shall provide for the education of each qualified
handicapped person in its jurisdiction with persons who are not
handicapped to the maximum extent appropriate to the needs of the
handicapped person. A recipient shall place a handicapped person in the
regular educational environment operated by the recipient unless it is
demonstrated by the recipient that the education of the person in the
regular environment with the use of supplementary aids and services
cannot be achieved satisfactorily. Whenever a recipient places a person
in a setting other than the regular educational environment pursuant to
this paragraph, it shall take into account the proximity of the
alternate setting to the person's home.
(b) Nonacademic setting. In providing or arranging for the provision
of nonacademic and extracurricular services and activities, including
meals, recess periods, and the services and activities set forth in
Sec. 15b.26(a)(2), a recipient shall ensure that handicapped persons
participate with nonhandicapped persons in such activities and services
to the maximum extent appropriate to the needs of the handicapped person
in question.
(c) Comparable facilities. If a recipient, in compliance with
paragraph (a) of this section, operates a facility that is identifiable
as being for handicapped persons, the recipient shall ensure that the
facility and the services and activities provided therein are comparable
to the other facilities, services, and activities of the recipient.
Sec. 15b.24 Evaluation and placement.
(a) Placement evaluation. A recipient that operates a public
elementary or secondary education program shall conduct an evaluation in
accordance with the requirements of paragraph (b) of this section of any
person who, because of handicap, needs or is believed to need special
education or related services before taking any action with respect to
the initial placement of the person in a regular or special education
program and any subsequent significant change in placement.
(b) Evaluation procedures. A recipient to which this section applies
shall establish standards and procedures for the evaluation and
placement of persons who, because of handicap, need or are believed to
need special education or related services which ensure that:
(1) Tests and other evaluation materials have been validated for the
specific purpose for which they are used and are administered by trained
personnel in conformance with the instructions provided by their
producer;
(2) Tests and other evaluation materials include those tailored to
assess specific areas of educational need and not merely those which are
designed to provide a single general intelligence quotient; and
(3) Tests are selected and administered so as best to ensure that,
when a test is administered to a student with impaired sensory, manual,
or speaking skills, the test results accurately reflect the student's
aptitude or achievement level or whatever other factor the test purports
to measure, rather than reflecting the student's impaired sensory,
manual or speaking skills (except where those skills are the factors
that the test purports to measure).
(c) Placement procedures. In interpreting evaluation data and in
making placement decisions, a recipient shall (1) draw upon information
from a variety of sources, including aptitude and achievement tests,
teacher recommendations, physical conditions, social or cultural
background, and adaptive behavior, (2) establish procedures to ensure
that information obtained from all such sources is documented and
carefully considered, (3) ensure that the placement decision is made by
a group of persons, including persons knowledgeable about the child, the
meaning of the evaluation data, and the placement options, and (4)
ensure that the placement decision is made in conformity with
Sec. 15b.23.
(d) Reevaluation. A recipient to which this section applies shall
establish procedures, in accordance with paragraph (b) of this section,
for periodic reevaluation of students who have been provided special
education and related services. A reevaluation procedure consistent with
the Education for the Handicapped Act is one means of meeting this
requirement.
Sec. 15b.25 Procedural safeguards.
A recipient that operates a public elementary or secondary education
program shall establish and implement, with respect to action regarding
the identification, evaluation, or educational placement of persons who,
because of handicap, need or are believed to need special instruction or
related services, a system of procedural safeguards that includes
notice, an opportunity for the parents or guardian of the person to
examine relevant records, an impartial hearing with opportunity for
participation by the person's parents or guardian and representation by
counsel, and a review procedure. Compliance with the procedural
safeguards of section 615 of the Education of the Handicapped Act is one
means of meeting this requirement.
Sec. 15b.26 Nonacademic services.
(a) General. (1) Recipients to which this subpart applies shall
provide nonacademic and extracurricular services and activities in such
a manner as is necessary to afford handicapped students an equal
opportunity for participation in such services and activities.
(2) Nonacademic and extracurricular services and activities may
include counseling services, physical education and athletics, food
services, transportation, health services, recreational activities,
special interest groups or clubs sponsored by the recipient, referrals
to agencies which provide assistance to handicapped persons, and
assistance in obtaining outside employment.
(b) Counseling services. A recipient to which this subpart applies
that provides personal, academic, or vocational counseling, guidance, or
placement services to its students shall provide these services without
discrimination on the basis of handicap. The recipient shall ensure that
qualified handicapped students are not counseled toward more restrictive
career objectives than are nonhandicapped students with similar
interests and abilities.
(c) Physical education and athletics. (1) In providing physical
education courses and athletics and similar programs and
activities to any of its students, a recipient to which this subpart
applies may not discriminate on the basis of handicap. A recipient that
offers physical education courses or that operates or sponsors
interscholastic, club, or intramural athletics shall provide to
qualified handicapped students an equal opportunity for participation in
these activities.
(2) A recipient may offer handicapped students physical education
and athletic activities that are separate or different from those
offered to nonhandicapped students only if separation or differentiation
is consistent with requirements of Sec. 15b.23, and only if no qualified
handicapped student is denied the opportunity to compete for teams or to
participate in courses that are not separate or different.
(d) Food services. In providing food services to any of its
students, a recipient to which this subpart applies may not discriminate
on the basis of handicap. (1) Recipients shall serve special meals, at
no extra charge, to students whose handicap restricts their diet.
Recipients may require students to provide medical certification that
special meals are needed because of their handicap.
(2) Where existing food service facilities are not completely
accessible and usable, recipients may provide aides or use other equally
effective methods to serve food to handicapped persons. Recipients shall
provide all food services in the most intergrated setting appropriate to
the needs of handicapped persons as required by Sec. 15b.23(b).
Sec. 15b.27 Extension education.
(a) General. A recipient to which this subpart applies that operates
an extension education program or activity receiving assistance from
this Department may not, on the basis of handicap, exclude qualified
handicapped persons from the program or activity. A recipient shall take
into account the needs of such persons in determining the benefits or
services to be provided under the program or activity.
(b) Program delivery sites. (1) Where existing extension office
facilities are inaccessible, recipients may make program services
normally provided at those sites available to qualified handicapped
persons through other methods which are equally effective. These methods
may include meetings in accessible locations, home visits, written or
telephonic communications, and other equally effective alternatives.
(2) For program services delivered at other publicly-owned
facilities, recipients shall select accessible facilities wherever
possible. If accessible facilities cannot be selected because they are
unavailable or infeasible due to the nature of the activity, recipients
shall use other methods to deliver program benefits to qualified
handicapped persons. These methods may include the redesign of
activities or some sessions of activities, the provision of aides, home
visits, or other equally effective alternatives.
(3) For program services delivered at privately-owned facilities,
such as homes and farm buildings, recipients shall use accessible
facilities whenever qualified handicapped persons requiring such
accessibility are participating, have expressed an interest in
participating, or are likely to participate. If accessible facilities
cannot be selected because they are unavailable or infeasible due to the
nature of the activity, recipients shall use other methods to deliver
program benefits to qualified handicapped persons. These methods may
include the redesign of activities or some sessions of activities, the
provision of aides, home visits, or other equally effective
alternatives.
(4) Recipients shall make camping activities accessible to qualified
handicapped persons. Recipients are not required to make every existing
camp, all existing camp facilities, or all camp sessions accessible, but
recipients who operate more than one camp or session may not limit
qualified handicapped persons to one camp or session.
(c) Program materials. Recipients shall make program materials
accessible to qualified handicapped persons with sensory or mental
impairments. Commonly-used materials shall be readily available in
alternate forms such as Braille or tape. Upon request, recipients shall
make other materials available through appropriate means such as
Braille, tape, readers, large print formats, simplified versions,
written scripts, or interpreters. Recipients need not provide individually
prescribed devices, readers for personal use or study, or other devices
or services of a personal nature.
Sec. 15b.28 Private education programs.
(a) A recipient that operates a private elementary or secondary
education program receiving assistance from this Department may not, on
the basis of handicap, exclude a qualified handicapped person from such
program if the person can, with minor adjustments, be provided an
appropriate education, as defined by Sec. 15b.22(b)(1)(i). Each
recipient to which this section applies is also subject to the
provisions of Sec. 15b.23 and Sec. 15b.26.
(b) A recipient to which this section applies may not charge more
for the provision of an appropriate education to handicapped persons
than to nonhandicapped persons except to the extent that any additional
charge is justified by a substantial increase in cost to the recipient.
Subpart E--Postsecondary Education
Sec. 15b.29 Applicability.
Subpart E applies to public and private postsecondary education
programs and activities, including postsecondary vocational education
programs and activities, that receive Federal financial assistance
provided by the Department of Agriculture after the effective date of
this part.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990]
Sec. 15b.30 Admissions and recruitment.
(a) General. Qualified handicapped persons may not, on the basis of
handicap, be denied admission or be subjected to discrimination in
admission or recruitment by a recipient to which this subpart applies.
(b) Admissions. In administering its admission policies, a recipient
to which this subpart applies:
(1) May not apply limitations upon the number or proportion of
handicapped persons who may be admitted;
(2) May not make use of any test or criterion for admission that has
a disproportionate, adverse effect on handicapped persons or any class
of handicapped persons unless (i) the test or criterion, as used by the
recipient, has been validated as a predictor of success in the education
program or activity in question and (ii) alternate tests or criteria
that have a less disproportionate, adverse effect are not shown by the
Secretary to be available.
(3) Shall assure itself that (i) admissions tests are selected and
administered so as best to ensure that, when a test is administered to
an applicant who has a handicap that impairs sensory, manual, or
speaking skills, the test results accurately reflect the applicant's
aptitude or achievement level or whatever other factor the test purports
to measure, rather than reflecting the applicant's impaired sensory,
manual, or speaking skills (except where those skills are the factors
that the test purports to measure); (ii) admissions tests that are
designed for persons with impaired sensory, manual, or speaking skills
are offered as often and in as timely a manner as are other admissions
tests; and (iii) admissions tests are administered in facilities that,
on the whole, are accessible to handicapped persons; and
(4) Except as provided in paragraph (c) of this section, may not
make preadmission inquiry as to whether an applicant for admission is a
handicapped person but, after admission, may take inquiries on a
confidential basis as to handicaps that may require accommodation.
(c) Preadmission inquiry exception. When a recipient is taking
remedial action to correct the effects of past discrimination pursuant
to Sec. 15b.8(a) or when a recipient is taking voluntary action to
overcome the effects of conditions that resulted in limited
participation in its federally assisted program or activity pursuant to
Sec. 15b.8(b), the recipient may invite applicants for admissions to
indicate whether and to what extent they are handicapped: Provided, That
(1) the recipient states clearly on any written questionnaire used for
this purpose or makes clear orally if no written questionnaire is used
that the information requested is intended for use solely in connection
with its remedial action obligations or
its voluntary action efforts; and (2) the recipient states clearly that
the information is being requested on a voluntary basis, that it will be
kept confidential, that refusal to provide it will not subject the
applicant to any adverse treatment, and that it will be used only in
accordance with this part.
(d) Validity studies. For the purpose of paragraph (b)(2) of this
section, a recipient may base prediction equations on first year grades,
but shall conduct periodic validity studies against the criterion of
overall success in the education program or activity in question in
order to monitor the general validity of the test scores.
Sec. 15b.31 Treatment of students.
(a) General. No qualified handicapped student shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any academic,
research, occupational training, housing, health, insurance, counseling,
financial aid, physical education, athletics, recreation,
transportation, other extracurricular, other postsecondary education
program or activity to which this subpart applies.
(b) A recipient to which this subpart applies that considers
participation by students in education programs or activities not
operated wholly by the recipient as part of, or equivalent to, an
education program or activity operated by the recipient shall assure
itself that the other education program or activity, as a whole,
provides an equal opportunity for the participation of qualified
handicapped persons.
(c) A recipient to which this subpart applies may not, on the basis
of handicap, exclude any qualified handicapped student from any course,
course of study, or other part of its education program or activity.
(d) A recipient to which this subpart applies shall operate its
programs and activities in the most integrated setting appropriate.
Sec. 15b.32 Academic adjustments.
(a) Academic requirements. A recipient to which this subpart applies
shall make such modifications to its academic requirements as are
necessary to ensure that such requirements do not discriminate or have
the effect of discriminating on the basis of handicap, against a
qualified handicapped applicant or student. Academic requirements that
the recipient can demonstrate are essential to the program or
instruction being pursued by such student or to any directly related
licensing requirement will not be regarded as discriminatory within the
meaning of this section. Modifications may include changes in the length
of time permitted for the completion of degree requirements,
substitution of specific courses required for the completion of degree
requirements, and adaptation of the manner in which specific courses are
conducted.
(b) Other rules. A recipient to which this subpart applies may not
impose upon handicapped students other rules, such as the prohibition of
tape recorders in classrooms or of dog guides in campus buildings, that
have the effect of limiting the participation of handicapped students in
the recipient's education program or activity.
(c) Course examinations. In its course examinations or other
procedures for evaluating students' academic achievement in its program,
a recipient to which this subpart applies shall provide such methods for
evaluating the achievement of students who have a handicap that impairs
sensory, manual, or speaking skills as will best ensure that the results
of the evaluation represent the students' achievements in the course,
rather than reflecting the students' impaired sensory, manual, or
speaking skills (except where such skills are the factors that the test
purports to measure).
(d) Auxiliary aids. (1) A recipient to which this subpart applies
shall take such steps as are necessary to ensure that no handicapped
student is denied the benefits of, excluded from participation in, or
otherwise subjected to discrimination under the education program or
activity operated by the recipient because of the absence of educational
auxiliary aids for students with impaired sensory, manual, or speaking
skills.
(2) Auxiliary aids may include taped texts, interpreters or other
effective methods of making orally delivered materials available to
students with
hearing impairments, readers in libraries for students with visual
impairments, classroom equipment adapted for use by students with manual
impairments, and other similar services and actions. Recipients need not
provide attendants, individually prescribed devices, readers for
personal use or study, or other devices or services of a personal
nature.
Sec. 15b.33 Housing.
(a) Housing provided by the recipient. A recipient that provides
housing to its nonhandicapped students shall provide comparable,
convenient, and accessible housing to handicapped students at the same
cost as to others. At the end of the transition period provided for in
subpart C, such housing shall be available in sufficient quantity and
variety so that the scope of handicapped students' choice of living
accommodations is, as a whole, comparable to that of nonhandicapped
students.
(b) Other housing. A recipient that assists any agency,
organization, or person in making housing available to any of its
students shall take such action as may be necessary to assure itself
that such housing is, as a whole, made available in a manner that does
not result in discrimination on the basis of handicap.
Sec. 15b.34 Financial and employment assistance to students.
(a) Provision of financial assistance. (1) In providing financial
assistance to qualified handicapped persons, a recipient to which this
subpart applies may not, (i) on the basis of handicap, provide less
assistance than is provided to nonhandicapped persons, limit eligibility
for assistance, or otherwise discriminate or (ii) assist any entity or
person that provides assistance to any of the recipient's students in a
manner that discriminates against qualified handicapped persons on the
basis of handicap.
(2) A recipient may administer or assist in the administration of
scholarships, fellowships, or other forms of financial assistance
established under wills, trusts, bequests, or similar legal instruments
that require awards to be made on the basis of factors that discrimate
or have the effect of discriminating on the basis of handicap only if
the overall effect of the award of scholarships, fellowships, and other
forms of financial assistance is not discriminatory on the basis of
handicap.
(b) Assistance in making available outside employment. A recipient
that assists any agency, organization, or person in providing employment
opportunities to any of its students shall assure itself that such
employment opportunities, as a whole, are made available in a manner
that would not violate subpart B if they were provided by the recipient.
(c) Employment of students by recipients. A recipient that employs
any of its students may not do so in a manner that violates subpart B.
Sec. 15b.35 Nonacademic services.
(a) Physical education and athletics. (1) In providing physical
education courses and athletics and similar programs and activities to
any of its students, a recipient to which this subpart applies may not
discriminate on the basis of handicap. A recipient that offers physical
education courses or that operates or sponsors intercollegiate, club, or
intramural athletics shall provide to qualified handicapped students an
equal opportunity for participation in these activities.
(2) A recipient may offer to handicapped students physical education
and athletic activities that are separate or different only if
separation or differentiation is consistent with the requirements of
Sec. 15b.31(d) and only of no qualified handicapped student is denied
the opportunity to compete for teams or to participate in courses that
are not separate or different.
(b) Counseling and placement services. A recipient to which this
subpart applies that provides personal, academic, or vocational
counseling, guidance, or placement services to its students shall
provide these services without discrimination on the basis of handicap.
The recipient shall ensure that qualified handicapped students are not
counseled toward more restrictive career objectives than are
nonhandcapped students with similar interests and abilities. This
requirement does not preclude a recipient from providing factual
information about licensing
and certification requirements that may present obstacles to handicapped
persons in their pursuit of particular careers.
(c) Social organizations. A recipient that provides significant
assistance to fraternities, sororities, or similar organizations shall
assure itself that the membership practices of such organizations do not
permit discrimination otherwise prohibited by this subpart.
Subpart F--Other Programs and Activities
Sec. 15b.36 Applicability.
Subpart F applies to programs and activities, other than those
covered by subparts D and E, that receive Federal financial assistance
provided by the Department of Agriculture after the effective date of
this part.
[47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990]
Sec. 15b.37 Auxiliary aids.
(a) A recipient to which this subpart applies that employs fifteen
or more persons shall provide appropriate auxiliary aids to persons with
impaired sensory, manual, or speaking skills, where necessary to afford
such persons an equal opportuntiy to benefit from the service in
question.
(b) The Secretary may require recipients with fewer than fifteen
employees to provide auxiliary aids where the provision of aids would
not significantly impair the ability of the recipient to provide its
benefits or services.
(c) For the purpose of this section, auxiliary aids may include
Brailled and taped material, interpreters, and other aids for persons
with impaired hearing or vision.
Sec. 15b.38 Health care facilities.
(a) Communications. A recipient that provides notice concerning
benefits or services or written material concerning waivers of rights or
consent to treatment shall take such steps as are necessary to ensure
that qualified handicapped persons, including those with impaired
sensory or speaking skills, are not denied effective notice because of
their handicap.
(b) Emergency treatment for the hearing impaired. A recipient
hospital that provides health services or benefits shall establish a
procedure for effective communication with persons with impaired hearing
for the purpose of providing emergency health care.
(c) Drug and alcohol addicts. A recipient to which this subpart
applies that operates a general hospital or outpatient facility may not
discriminate in admission or treatment against a drug or alcohol abuser
or alcoholic who is suffering from a medical condition, because of the
person's drug or alcohol abuse or alcoholism.
Sec. 15b.39 Education of institutionalized persons.
A recipient to which this subpart applies that operates or
supervises a program or activity for persons who are institutionalized
because of handicap shall ensure that each qualified handicapped person,
as defined in Sec. 15b.3(n)(2), in its program, or activity is provided
an appropriate education, as defined in Sec. 15b.22(b). Nothing in this
section shall be interpreted as altering in any way the obligations of
recipients under subpart D.
Sec. 15b.40 Food services.
(a) Recipients which operate food service programs assisted by this
Department shall serve special meals, at no extra charge, to persons
whose handicap restricts their diet. Recipients may require handicapped
persons to provide medical certification that special meals are needed
because of their handicap.
(b) Where existing food service facilities are not completely
accessible and usable, recipients may provide aides or use other equally
effective methods to serve food to handicapped persons. Recipients shall
provide all food services in the most integrated setting appropriate to
the needs of handicapped persons.
Sec. 15b.41 Multi-family rental housing.
(a) General. No qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination in a multi-family rental
housing program.
(b) New construction. (1) Recipients receiving assistance from the
Department for multi-family rental housing projects constructed after
the effective date of this part shall construct at least five percent of
the units in the project or one unit, whichever is greater, to be
accessible to or adaptable for physically handicapped persons. The
requirement that five percent of the units in the project or at least
one unit, whichever is greater, be accessible or adaptable may be
modified if a recipient shows, through a market survey approved by the
Department, that a different percentage of accessible or adaptable units
is appropriate for a particular project and its service area.
(i) The variety of units accessible to or adaptable for physically
handicapped persons shall be comparable to the variety of units
available in the project as a whole.
(ii) No extra charge may be made for use of accessible or adaptable
units.
(iii) A recipient that operates multi-family rental housing projects
on more than one site may not locate all accessible or adaptable units
at one site unless only one accessible or adaptable unit is required.
(2) Standards for accessibility are contained in subpart C and in
appropriate program regulations.
(c) Existing facilities. Recipients receiving assistance from the
Department for multi-family rental housing projects constructed prior to
the effective date of this part shall assure that their facilities
comply with the program accessibility requirements established in
Sec. 15b.18 if a qualified handicapped person applies for admission.
Necessary physical alterations made pursuant to such requirements shall
be completed within a reasonable amount of time after the unit becomes
available for occupancy by the qualified handicapped person. Subject to
the availability of funds and fulfillment by the recipient of all
program eligibility requirements, the Department may assist recipients
to comply with program accessibility requirements through methods such
as (1) consideration of subsequent loan applications for purposes of
making existing facilities accessible or for the construction of
additional units which are accessbile and (2) consideration of approval
to commit project reserve account funds for minor modifications in order
to make existing facilities accessible.
Subpart G--Procedures
Sec. 15b.42 Procedures.
The procedural provisions applicable to title VI of the Civil Rights
Act of 1964 apply to this part. These procedures are found in 7 CFR
15.5--15.11 and 15.60--15.143.
Appendix A to Part 15b--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. Technical assistance for Cooperative Marketing Act of
agricultural cooperatives. 1926, 7 U.S.C., Secs. 451-457.
------------------------------------------------------------------------
Administered by the Agricultural Marketing Service
------------------------------------------------------------------------
2. Federal-State marketing Sec. 204(b) of the Agricultural
improvement program. Marketing Act of 1946, 7 U.S.C.
1623(b).
3. Market news service............... Sec. 203(g) of the Agricultural
Marketing Act of 1946, 7 U.S.C.
1622(g); the Cotton Statistics
and Estimates Act, as amended, 7
U.S.C. 471-476; the Tobacco
Statistics Act, as amended, 7
U.S.C. 501-508; the Tobacco
Inspection Act, 7 U.S.C. 511-
511(q); the Naval Stores Act, 7
U.S.C. 91-99; the Turpentine and
Rosin Statistics Act, 7 U.S.C.
2248; the United States Cotton
Futures Act, 7 U.S.C. 15b; and
the Peanut Statistics Act as
amended, 7 U.S.C. 951-957.
------------------------------------------------------------------------
Administered by the Agricultural Research Service
------------------------------------------------------------------------
4. Agriculture research grants....... Secs. 1 and 10 of the Act of June
29, 1935, as amended, 7 U.S.C.
427 and 427i; and 202-208 of the
Agricultural Marketing Act of
1946, as amended, 7 U.S.C. 1621-
1627.
------------------------------------------------------------------------
Administered by the Agricultural Stabilization Conservation Service
------------------------------------------------------------------------
5. Price support programs operating Agricultural Act of 1949, as
through producer associations, amended; 7 U.S.C. 1421-1447.
cooperatives, and other recipients
in which the recipient is required
to furnish specified benefits to
producers (e.g., tobacco, peanuts,
sugar, cotton, rice, honey and
soybeans price support programs).
6. Disaster feed donation programs... Section 407 of the Agricultural
Act of 1949, as amended, 7
U.S.C. 1427.
------------------------------------------------------------------------
Administered by the Cooperative State Research Service
------------------------------------------------------------------------
7. Payments under the Hatch Act...... Hatch Act of 1887, as amended, 7
U.S.C. 361a-361i.
8. McIntire-Stennis cooperative Act of October 10, 1962, as
forestry research. amended, 16 U.S.C. 582a-582a-7.
9. Payments to 1890 colleges and Sec. 1445 of the Food and
Tuskegee Institute for research. Agriculture Act of 1977, as
amended, 7 U.S.C. 3222.
10. Native latex research............ Native Latex Commercialization
and Economic Development Act of
1978, 7 U.S.C. 178 et seq.
11. Alcohol Fuels research........... Sec. 1419 of the Food and
Agriculture Act of 1977, as
amended, 7 U.S.C. 3154.
12. Animal Health Research........... Sec. 1433 of the Food and
Agriculture Act of 1977, as
amended, 7 U.S.C. 3195.
13. Competitive research grants...... Sec. 2(b) of the Act of August 4,
1965, as amended, 7 U.S.C.
450i(b).
14. Experiment station research Act of July 22, 1963, as amended,
facilities. 7 U.S.C. 390-390j.
15. Special research grants.......... Sec. 2(c) of the Act of August 4,
1965, as amended, 7 U.S.C.
450i(c).
16. Rural development research....... Title V of the Rural Development
Act of 1972, as amended, 7
U.S.C. 2661 et. seq.
------------------------------------------------------------------------
Administered by Extension Service
------------------------------------------------------------------------
17. Cooperative extension work....... Smith-Lever Act, as amended, 7
U.S.C. 341-349; District of
Columbia Public Postsecondary
Education Reorganization Act,
D.C. Code Secs. 31-1719; Rural
Development Act of 1972, as
amended, 7 U.S.C. 2661 et. seq.;
Sec. 1444 of the Food and
Agriculture Act of 1977, 7
U.S.C. 3221.
------------------------------------------------------------------------
Administered by Farmers Home Administration
------------------------------------------------------------------------
18. Farm ownership loans to install Sec. 303 of the Consolidated Farm
or improve recreational facilities and Rural Development Act, as
or other nonfarm enterprises. amended, 7 U.S.C. 1923.
19. Operating loans to install or Sec. 312 of the Consolidated Farm
improve recreational facilities or and Rural Development Act, as
other nonfarm enterprises. amended, 7 U.S.C. 1942.
20. Soil and water conservation, Sec. 304 of the Consolidated Farm
(including pollution abatement and Rural Development Act, as
facilities), and recreational amended, 7 U.S.C. 1924.
facilities.
21. Financial and other assistance to Sec. 203 of the Appalachian
landowners, operators, or occupiers Regional Development Act of
to carry out land uses and 1965, as amended, 40 U.S.C. App.
conservation. 203.
22. Rural renewal, resource, Secs. 31-35 of the Bankhead-Jones
conservation development, land Farm Tenant Act, as amended, 7
conservation and utilization. U.S.C. 1010-1035.
23. Watershed protection and flood Watershed Protection and Flood
prevention program. Prevention Act, as amended, 16
U.S.C. 1001-1008.
24. Resource conservation and Sec. 32(e) of the Bankhead-Jones
development loans. Farm Tenant Act, as amended, 7
U.S.C. 1011(e).
25. Farm labor housing loans......... Sec. 514 of the Housing Act of
1949, 42 U.S.C. 1484.
26. Farm labor housing grants........ Sec. 516 of the Housing Act of
1949, as amended, 42 U.S.C.
1486.
27. Rural rental housing for the Sec. 515 of the Housing Act of
elderly and families of low and 1949, as amended, 42 U.S.C.
moderate income persons. 1485.
28. Rural cooperative housing........ Sec. 515 of the Housing Act of
1949, as amended, 42 U.S.C.
1485.
29. Rural housing site loans......... Sec. 524 of the Housing Act of
1949, as amended, 42 U.S.C.
1490d.
30. Technical and supervisory Sec. 525 of the Housing Act of
assistance grants. 1949, as amended, 42 U.S.C.
1490e.
31. Technical assistance grants...... Sec. 523 of the Housing Act of
1949, as amended, 42 U.S.C.
1490c.
32. Rural housing self-help site Sec. 523 of the Housing Act of
loans. 1949, as amended, 42 U.S.C.
1490c.
33. Mutual self-help housing......... Sec. 523 of the Housing Act of
1949, as amended, 42 U.S.C.
1490c.
34. Water and waste facility loans Sec. 306 of the Consolidated Farm
and grants and community facility and Rural Development Act, as
loans and grants. amended, 7 U.S.C. 1926.
35. Rural and industrial loan program Sec. 310(a) of the Consolidated
Farm and Rural Development Act,
as amended, 7 U.S.C. 1932(a).
36. Private business enterprise Sec. 310(c) of the Consolidated
grants. Farm and Rural Development Act,
as amended, 7 U.S.C. 1932(c).
37. Area development assistance Sec. 306(a)(11) of the
planning grant program. Consolidated Farm and Rural
Development Act, as amended, 7
U.S.C. 1926(a)(11).
38. Energy impacted area development Sec. 601 of the Power Plant and
assistance program. Industrial Fuel Use Act of 1978,
42 U.S.C. 8401.
------------------------------------------------------------------------
Administered by the Federal Grain Inspection Service
------------------------------------------------------------------------
39. Inspection administration and U.S. Grain Standards Act, as
supervision. amended, 7 U.S.C. 71-87; and,
Sec. 203(h) of the Agricultural
Marketing Act of 1946, 7 U.S.C.
1621-1630.
------------------------------------------------------------------------
Administered by the Food and Nutrition Service
------------------------------------------------------------------------
40. Food stamp program............... Food Stamp Act of 1964, as
amended, 7 U.S.C. 2011-2027.
41. Special supplemental food program Sec. 17 of the Child Nutrition
for women, infants, and children Act of 1966, as amended, 42
(WIC). U.S.C. 1786.
42. Commodity supplemental food Sec. 32 of the Act of August 24,
program. 1935, as amended, 7 U.S.C. 612c;
Sec. 416 of the Agricultural Act
of 1949, as amended, 7 U.S.C.
1431.
43. Food distribution program........ Sec. 416 of the Agricultural Act
of 1949, as amended, 7 U.S.C.
1431; Sec. 32 of the Act of
August 24, 1935, as amended, 7
U.S.C. 612c; Secs. 6, 13 and 17
of the National School Lunch
Act, as amended, 42 U.S.C. 1755,
1761, 1766; Sec. 8 of the Child
Nutrition Act of 1966, 42 U.S.C.
1777; Sec. 709 of the Food and
Agriculture Act of 1965, as
amended, 7 U.S.C. 1446a-1.
44. National school lunch program.... National School Lunch Act, as
amended, 42 U.S.C. 1751-1769a.
45. School breakfast program......... Sec. 4 of the Child Nutrition Act
of 1966, as amended, 42 U.S.C.
1773.
46. Special milk program............. Sec. 3 of the Child Nutrition Act
of 1966, as amended, 42 U.S.C.
1772.
47. Food service equipment assistance Sec. 5 of the Child Nutrition Act
of 1966, as amended, 42 U.S.C.
1774; Sec. 5 of the National
School Lunch Act, as amended, 42
U.S.C. 1754.
48. Summer food service program...... Sec. 13 of the National School
Lunch Act, as amended, 42 U.S.C.
1761.
49. Child care food program.......... Sec. 17 of the National School
Lunch Act, as amended, 42 U.S.C.
1766.
50. Nutrition education and training Secs. 18 and 19 of the Child
program. Nutrition Act of 1966, 42 U.S.C.
1787, 1788.
------------------------------------------------------------------------
Administered by the Food Safety and Inspection Service
------------------------------------------------------------------------
51. Payments to States for the Egg Products Inspection Act, 21
inspection of egg handlers to insure U.S.C. 1031-1056.
that they are properly disposing of
restricted eggs.
52. Financial and technical Federal Meat Inspection Act, as
assistance to States for meat amended, 21 U.S.C. 601-695.
inspection activities.
53. Financial and technical Poultry Products Inspection Act,
assistance to States for poultry as amended, 21 U.S.C. 451-470.
inspection activities.
54. Financial and technical Talmadge-Aiken Act, 7 U.S.C. 450.
assistance to States for meat and
poultry inspection activities.
------------------------------------------------------------------------
Administered by the Forest Service
------------------------------------------------------------------------
55. Permits for use of National Act of June 4, 1897, as amended,
Forests and National Grasslands by 16 U.S.C. 551; Sec. 501 of the
other than individuals at a nominal Federal Land Policy Management
or no charge. Act of 1976, 43 U.S.C. 1761;
Term Permit Act of March 4,
1915; as amended, 16 U.S.C. 497;
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.
56. Permit for land use of Government- Sec. 7 of the Granger-Thye Act of
owned improvements by other than April 24, 1950, 16 U.S.C. 580d.
individuals at a nominal charge.
57. Permits for disposal of common Secs. 1-4 of the Act of July 31,
varieties of mineral materials from 1947, as amended, 30 U.S.C. 601-
lands under the Forest Service 603, 611.
jurisdiction for use by other than
individuals at a nominal or no
charge.
58. Easements for use of National Sec. 32 of the Bankhead-Jones
Forests and Grasslands by other than Farm Tenant Act, as amended, 7
individuals at a nominal or no U.S.C. 1011; Sec. 501 of the
charge. Federal Land Policy and
Management Act of 1976, 43
U.S.C. 1761.
59. Easements for road rights-of-way Sec. 2 of the Act of October 13,
over lands administered by the 1964, 16 U.S.C. 533.
Forest Service.
60. Road rights-of-way............... Federal Highway Act of 1958, 23
U.S.C. 107, 317.
61. Rights-of-ways for wagon roads or Sec. 501 of the Act of March 3,
railroads. 1899, 16 U.S.C. 525.
62. Timber granted free or at nominal Sec. 1 of the Act of June 4,
cost to any group. 1897, as amended, 16 U.S.C. 551;
Sec. 32 of the Bankhead-Jones
Farm Tenant Act, as amended, 7
U.S.C. 1011.
63. Transfer for fire-lookout towers, Sec. 5 of the Act of June 20,
improvements and land to States 1958, 16 U.S.C. 565b.
political subdivisions.
64. Payment of 25 percent of National Act of May 23, 1908, as amended,
Forest receipts to States for 16 U.S.C. 500.
schools and roads.
65. Payment to Minnesota from Sec. 5 of the Act of June 22,
National Forest receipts of a sum 1948, as amended, 16 U.S.C.
based on a formula. 577g, 577g-1.
66. Payment of 25 percent of net Sec. 33 of the Bankhead-Jones
revenues from Title III, Bankhead- Farm Tenant Act, as amended, 7
Jones Farm Tenant Act lands to U.S.C. 1012.
counties for schools and road
purposes.
67. Cooperative action to protect, Cooperative Forestry Assistance
develop, manage, and utilize forest Act of 1978, 16 U.S.C. 2101-
resources on State and private lands. 2111.
68. Advance of funds for cooperative Sec. 20 of the Granger-Thye Act
research. of April 24, 1950, 16 U.S.C.
581i-1.
69. Grants for support of scientific Act of September 6, 1958, 42
research. U.S.C. 1891-1893.
70. Research cooperation............. Forest and Rangeland Renewable
Resources Research Planning Act
of 1974, as amended, 16 U.S.C.
1600-1614.
71. Youth conservation corps State Act of August 13, 1970, as
grant program. amended, 16 U.S.C. 1701-1706.
72. Young adult conservation corps Secs. 801-809 of the
State grant program. Comprehensive Employment and
Training Act, as amended, 29
U.S.C. 991-999.
73. Grants to Maine, Vermont, and New Older Americans Act of 1965, as
Hampshire for the purpose of amended, 42 U.S.C. 3001-3057g.
assisting economically disadvantaged
citizens over 55 years of age.
74. Senior community service Sec. 902(b)(2) of Title IX of the
employment program (SCSEP). Older Americans Amendments of
1975, 42 U.S.C.
------------------------------------------------------------------------
Administered by the Rural Electrification Administration
------------------------------------------------------------------------
75. Rural electrification and rural Rural Electrification Act of
telephone programs. 1963, as amended, 7 U.S.C. 901-
950b.
76. CATV, community facilities Secs. 306 and 310B of the
program. Consolidated Farm and Rural
Development Act of 1979, 7
U.S.C. 1926, 1932.
------------------------------------------------------------------------
Administered by Science and Education Program Staff
------------------------------------------------------------------------
77. Higher education................. Sec. 22 of the Act of June 29,
1935, as amended, 7 U.S.C. 329;
Sec. 1417 of the Food and
Agriculture Act of 1977, 7
U.S.C. 3152.
------------------------------------------------------------------------
Administered by the Soil Conservation Service
------------------------------------------------------------------------
78. Soil and water conservation...... Secs. 1-6 and 17 of the Soil
Conservation and Domestic
Allotment Act, as amended, 16
U.S.C. 590a-590f, 590q.
79. Plant materials for conservation. Secs. 1-6 and 17 of the Soil
Conservation and Domestic
Allotment Act, as amended, 16
U.S.C. 590a-590f, 590q.
80. Resource, conservation and Secs. 31 and 32 of the Bankhead-
development. Jones Farm Tenant Act, as
amended, 7 U.S.C. 1010, 1111;
Secs. 1-6 and 17 of the Soil
Conservation and Domestic
Allotment Act, as amended, 16
U.S.C. 590a-590f, 590q.
81. Watershed protection and flood Watershed Protection and Flood
prevention. Prevention Act, as amended, 16
U.S.C. 1001-1008.
82. Great plains conservation........ Secs. 1-6 and 17 of the Soil
Conservation and Domestic
Allotment Act, as amended, 16
U.S.C. 590a-590f, 590q.
83. Soil survey...................... Secs. 1-6 and 17 of the Soil
Conservation and Domestic
Allotment Act, as amended, 16
U.S.C. 590a-590f, 590q.
84. River basin surveys and Sec. 6 of the Watershed
investigations. Protection and Flood Prevention
Act, 16 U.S.C. 1006.
85. Snow survey and water supply Secs. 1-6 and 17 of the Soil
forecasting. Conservation and Domestic
Allotment Act, as amended, 16
U.S.C. 590a-590f, 590q.
86. Land inventory and monitoring.... Secs. 1-6 and 17 of the Soil
Conservation and Domestic
Allotment Act, as amended, 16
U.S.C. 590a-590f, 590q; Sec. 302
of the Rural Development Act of
1972, 7 U.S.C. 1010a.
87. Resource appraisal and program Soil and Water Resources
development. Conservation Act of 1977, 16
U.S.C. 2001-2009.
88. Rural clean water program........ Clean Water Act, 33 U.S.C. 1251-
1376.
89. Rural abandoned mine program..... Secs. 406-413 of the Surface
Mining Control and Reclamation
Act of 1977, 30 U.S.C. 1236-
1243.
90. Emergency watershed protection... Sec. 7 of the Act of June 28,
1938, as amended, 33 U.S.C. 701b-
1; Sec. 403, Agriculture Credit
Act of 1978, 16 U.S.C. 2203.
91. Eleven authorized watershed Sec. 13 of the Act of December
projects. 22, 1944, 58 Stat. 905.
------------------------------------------------------------------------
Administered by the Office of Transportation
------------------------------------------------------------------------
92. Transportation services.......... Sec. 201 of the Agricultural
Adjustment Act of 1938, 7 U.S.C.
1291; Sec. 203(j) of the
Agricultural Marketing Act of
1946, as amended, 7 U.S.C.
1622(l); Sec. 104 of the
Agricultural Trade Development
and Assistance Act of 1954, as
amended, 7 U.S.C. 1704.
------------------------------------------------------------------------
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