[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15.3]

[Page 357-361]
 
                          TITLE 7--AGRICULTURE
 
PART 15_NONDISCRIMINATION--Table of Contents
 
   Subpart A_Nondiscrimination in Federally-Assisted Programs of the 
 Department of Agriculture_Effectuation of Title VI of the Civil Rights 
                               Act of 1964
 
Sec. 15.3  Discrimination prohibited.

    (a) General. No person in the United States shall, on the ground of 
race, color, or national origin, be excluded from participation in, be 
denied the benefits of, or be otherwise subjected to discrimination 
under any program or activity of the applicant or recipient to which 
these regulations apply. These regulations apply, but are not 
restricted, to unequal treatment in priority, quality, quantity, methods 
or charges for service, use, occupancy or benefit, participation in the 
service or benefit available, or in the use, occupancy or benefit of any 
structure, facility, or improvement.
    (b) Specific discriminatory actions prohibited. (1) A recipient 
under any program to which the regulations in this part apply may not, 
directly or through contractual or other arrangements on the ground of 
race, color, or national origin:
    (i) Deny an individual any service, financial aid, or other benefit 
provided under the program;
    (ii) Provide any service, financial aid, or other benefit, to an 
individual which is different, or is provided in a different manner, 
from that provided to others under the program;
    (iii) Subject an individual to segregation or separate treatment in 
any matter related to his receipt of any service, financial aid, or 
other benefit under the program;
    (iv) Restrict an individual in any way in the enjoyment of any 
advantage or privilege, enjoyed by others receiving any service, 
financial aid, or other benefit under the program;
    (v) Treat an individual differently from others in determining 
whether he satisfies any admission, enrollment, quota, eligibility, 
membership or other requirement or condition which individuals must meet 
in order to be provided any service, financial aid, or other benefit 
provided under the program;
    (vi) Deny an individual an opportunity to participate in the program 
through the provisions of services or otherwise or afford him an 
opportunity to do so which is different from that afforded others under 
the program (including the opportunity to participate in the program as 
an employee but only to the extent set forth in paragraph (c) of this 
section).
    (vii) Deny a person the opportunity to participate as a member of a 
planning or advisory body which is an integral part of the program.
    (2) A recipient, in determining the types of services, financial 
aid, or other benefits, or facilities which will be provided under any 
such program, or the class of individuals to whom, or the situations in 
which, such services, financial aid, other benefits, or facilities will 
be provided under any such program or the class of individuals to be

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afforded an opportunity to participate in any such program, may not, 
directly or through contractual or other arrangements, utilize criteria 
or methods of administration which have the effect of subjecting 
individuals to discrimination because of their race, color, or national 
origin, or have the effect of defeating or substantially impairing 
accomplishment of the objectives of the program as respects individuals 
of a particular race, color, or national origin.
    (3) In determining the site or location of facilities, an applicant 
or recipient may not make selections with the purpose or effect of 
excluding individuals from, denying them the benefits of, or subjecting 
them to discrimination under any of its programs or activities to which 
the regulations in this part apply, on the grounds of race, color, or 
national origin; or with the purpose or effect of defeating or 
substantially impairing the accomplishment of the objectives of the Act 
and the regulations in this part.
    (4) As used in this section, the services, financial aid, or other 
benefit provided under a program or activity of an applicant or 
recipient receiving Federal financial assistance shall be deemed to 
include any and all services, financial aid, or other benefit provided 
in or through a facility provided or improved in whole or part with the 
aid of Federal financial assistance.
    (5) The enumeration of specific forms of prohibited discrimination 
in these regulations does not limit the applicability of the provisions 
of paragraph (a) of this section.
    (6)(i) In administering a program regarding which the recipient has 
previously discriminated against persons on the ground of race, color, 
or national origin, the recipient must take affirmative action to 
overcome the effects of prior discrimination.
    (ii) Even in the absence of such prior discrimination, a recipient 
in administering a program may take affirmative action to overcome the 
effects of conditions which resulted in limiting participation by 
persons of a particular race, color or national origin.
    (c) Employment practices. Where a primary objective of the Federal 
financial assistance to a program to which the regulations in this part 
apply is to provide employment, a recipient may not, directly or through 
contractual or other arrangements, subject an individual to 
discrimination on the ground of race, color, or national origin in its 
employment practices under the program including recruitment or 
recruitment advertising, employment, layoff or termination, upgrading, 
demotion, or transfer, rates of pay or other forms of compensation, and 
use of facilities. This paragraph applies to programs where a primary 
objective of the Federal financial assistance is (1) to reduce 
unemployment, (2) to assist individuals in meeting expenses incident to 
the commencement or continuation of their education or training, or (3) 
to provide work experience which contributes to education or training. 
Where a primary objective of the Federal financial assistance is not to 
provide employment, but discrimination on the grounds of race, color, or 
national origin in the employment practices of the recipient or other 
persons subject to the regulations in this part, tends, on the grounds 
of race, color, or national origin, to exclude individuals from 
participation in, to deny them the benefits of, or to subject them to 
discrimination under any program or activity of the applicant or 
recipient to which these regulations apply, the foregoing provisions of 
this Sec. 15.3(c) shall apply to the employment practices of the 
recipient or other persons subject to these regulations, to the extent 
necessary to assure equality of opportunity to, and nondiscriminatory 
treatment of, beneficiaries. The requirements applicable to construction 
employment under any program or activity of the applicant or recipient 
shall be those specified in or pursuant to part III of Executive Order 
11246 or any Executive order which supersedes it.
    (d) Examples. In order that all parties may have a clear 
understanding of the applicability of the regulations in this part to 
their activities, there are listed in this section types of Federal 
financial assistance together with illustrations, by way of example 
only, of types of activity covered by the regulations in this part. 
These illustrations and examples, however, are not intended to

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be all inclusive. The fact that a particular type of Federal financial 
assistance is not listed does not, of course, indicate that a program is 
not covered by the regulations in this part. Moreover, the examples set 
forth with respect to any particular listed type of Federal financial 
assistance are not limited to that program alone and the prohibited 
actions described may also be prohibited in other programs or activities 
whether or not listed below.
    (1) Cooperative Agricultural Extension Program. (i) Discrimination 
in making available or in the manner of making available instructions, 
demonstrations, information, and publications offered by or through the 
Cooperative Extension Service;
    (ii) Discrimination in the use in any program or activity funded by 
the Cooperative Extension Service of any facility, including offices, 
training facilities, lecture halls, or other structures or improvements; 
or
    (iii) Discrimination in training activities, admission to or 
participation in fairs, competitions, field days, and encampments, 
conducted or sponsored by, or in which the Cooperative Extension Service 
participates.
    (2) Rural Electrification and Rural Telephone Programs. (i) Refusal 
or failure by a borrower to accept applications for membership or 
applications to purchase shares of stock, or discrimination by a 
borrower in the terms and conditions of membership or stock ownership, 
where such membership or stock ownership is a condition prerequisite to 
the furnishing of electric or telephone service by the borrower, or to 
the receipt of any benefits or advantages related to such service;
    (ii) Refusal or failure by a borrower to extend, or discrimination 
by a borrower in the extension of, electric or telephone service to 
unserved persons;
    (iii) Denial by a borrower to any person of the benefits of 
improvement, expansion or upgrading, or discrimination by a borrower 
among consumers or subscribers in improving, expanding or upgrading, of 
electric or telephone service;
    (iv) Discrimination by a borrower in respect of rates, or terms or 
conditions of, service among consumers or subscribers;
    (v) Exclusion by a borrower of any member or stockholder, if the 
borrower is a cooperative or mutual type of corporation, from 
participation in any meeting of members or stockholders of the borrower, 
discrimination among its members or stockholders in respect of the 
exercise of any of their rights as members or stockholders, or in the 
manner of the exercise of such rights; or
    (vi) Exclusion by a borrower of any consumer or subscriber from, 
denial by a borrower to any consumer or subscriber of the use of, or 
discrimination by a borrower against any consumer or subscriber in his 
use of, any of the borrower's facilities.
    (3) Direct Distribution Program. (i) Exclusion of an otherwise 
eligible recipient agency (school, summer camp for children, 
institution, welfare agency or disaster organization) or person from 
participation in the Direct Distribution Program.
    (ii) Discrimination in the allocation of food to eligible persons.
    (iii) Discrimination in the manner in which or the place or times at 
which foods donated under the Program are distributed by recipient 
agencies to eligible persons.
    (iv) Segregation of persons served in different meal periods or by 
different seating or serving or different food or different size 
portions by recipient agencies serving prepared meals containing donated 
foods.
    (4) National School Lunch Program. (i) Discrimination by a State 
agency in the selection of schools to participate in the Program or in 
the assignment to schools of rates of reimbursement.
    (ii) Exclusion of any child from participation in the Program.
    (iii) Discrimination by school officials in the selection of 
children to receive free or reduced-price lunches.
    (iv) Segregation of participating children in different lunch 
periods or different seating, and discrimination by serving different 
food or different size portions.
    (v) Failure to offer free and reduced-price lunches, on an equitable 
basis in schools of a school district in which children are assigned to 
schools on the basis of race, color, or national origin.

[[Page 360]]

    (5) Food Stamp Program. (i) Discrimination by a State agency in 
certifying households as eligible for the Program.
    (ii) Segregation or other discrimination in the manner in which or 
the times at which eligible households are issued food coupons.
    (6) Special Milk Program for Children. (i) Discrimination by a State 
agency in the selection of schools and child-care institutions to 
participate in the Program.
    (ii) Discrimination by a State agency in the selection of needy 
schools to receive reimbursement for milk served free.
    (iii) Discrimination by a State agency in the assignment of 
reimbursement rates to schools and child-care institutions or in the 
adjustment of such rates, or in fixing allowable distribution costs.
    (iv) Exclusion of any child from participation in the Program and 
segregation of participating children in different serving periods or 
different places of service.
    (v) Discrimination by school officials or child-care institutions in 
the selection of children to receive free milk.
    (7) Price Support Programs carried out through producer associations 
or cooperatives or through persons who are required to provide specified 
benefits to producers. (i) Denial of the benefits of price support for a 
producers commodity.
    (ii) Denial of membership or stock ownership to any producer by any 
association or cooperative.
    (iii) Discrimination among producers in the manner of making or 
paying any price support advances, loans, or payments.
    (iv) Discrimination in the fees or charges collected from or in the 
net gains distributed to producers.
    (v) Discrimination in the use of facilities and services generally 
made available to members or patrons under the Price Support Program.
    (8) Forest Service Programs. (i) Refusal or failure by a recipient 
of a permit or lease to provide to any person the benefits from the use 
of land administered by the Forest Service, the resources therefrom, or 
improvements thereon.
    (ii) Refusal or failure by any recipient to provide to any person 
the benefits from Federal payments based on a share of the receipts from 
lands administered by the Forest Service.
    (iii) Refusal or failure by any recipient to provide to any person 
the benefits from Federal assistance in cooperative programs for the 
protection, development, management, and use of forest resources.
    (iv) Refusal or failure by any cooperator or other recipient to 
provide to any person the benefits from Federal assistance through 
grants or advances of funds for research.
    (9) Farmers Home Administration Programs--(i) Direct soil and water 
loans to association. (a) A borrower's denial of, or discrimination in 
furnishing, services under a program or activity financed wholly or 
partially with the aid of the loan, as in the case of a water supply 
system.
    (b) A borrower's denial of, or discrimination or segregation in 
permitting, the use of facilities which are part of a project financed 
wholly or partially with the aid of the loan, as in the case of a golf 
course, swimming pool, tennis courts, parking areas, lounges, dining 
rooms, and rest rooms of a recreation association.
    (c) Discrimination by a borrower in the terms and conditions of 
membership or stock ownership, or refusal or failure of a borrower to 
accept applications for membership or for purchase of shares of stock, 
or discrimination by a borrower in acting or failing to act upon such 
applications, where such membership or stock ownership is a prerequisite 
to the participation in services furnished by, or the use of facilities 
of, the borrower which are financed wholly or partially with the aid of 
the loan or to the receipt of any benefits or advantages related to such 
services or the use of such facilities.
    (d) Denial or impairment by a borrower of any person's rights as a 
member or stockholder of the borrower, or borrower's discrimination 
against or segregation of persons in the exercise of their rights as 
members or stockholders of the borrower.
    (ii) Direct senior citizens rental housing loans to private 
nonprofit corporations and consumer cooperatives. (a) A borrower's 
exclusion of any person from,

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discrimination in the terms and conditions of eligibility for, or 
discrimination against or segregation of any person in, the use and 
occupancy of the housing and related facilities financed wholly or 
partially with the aid of the loan.
    (b) Discrimination by a borrower in the terms and conditions of 
membership or stock ownership, or refusal or failure of a borrower to 
accept applications for membership or for purchase of shares of stock, 
or discrimination by a borrower in acting or failing to act upon such 
applicattions, where such membership or stock ownership is a condition 
of eligibility for use and occupancy of the housing and related 
facilities financed wholly or partially with the aid of the loan or to 
the receipt of any benefits or advantages related to such housing or 
facilities.
    (c) Denial or impairment by a borrower of any person's rights as a 
member or stockholder of the borrower, or a borrower's discrimination 
against or segregation of persons in the exercise of their rights as 
members or stockholders of the borrower.
    (10) Cooperative State Research Programs. (i) Discrimination in 
making available information whether published or provided through 
public or private statement, correspondence, demonstration or field day.
    (ii) Discrimination in participation in any Cooperative Research 
Program or project.
    (iii) Discrimination in the use of any facility, including offices, 
laboratories, or other structures, or research plots or fields.
    (iv) Discrimination in employment of graduate students to conduct 
research when such students receive substantial research training 
benefits as a result of such employment.

[29 FR 16274, Dec. 4, 1964, as amended at 35 FR 18383, Dec. 3, 1970; 38 
FR 17925, July 5, 1973; 68 FR 51341, Aug. 26, 2003]