Summary
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523 FW 1
Summary |
1.2 Applicability and Scope. In accepting Federal funds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not all-inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices. Guidance on the following requirements is contained in this chapter.
A. Nondiscrimination Requirements.
- Title VI of the Civil Rights Act of 1964
- Section 504 of the Rehabilitation Act of 1973
- Age Discrimination Act of 1975
- Title IX of the Education Amendments of 1972
B. Environmental Requirements.
- Coastal Zone Management Act of 1972
- Executive Order 11987, Exotic Organisms
- Endangered Species Act of 1973
- National Environmental Policy Act of 1969 (NEPA)
- Floodplains and Wetlands Protection
- Animal Welfare Act of 1985
- Coastal Barrier Resources Act of 1982
C. Historic and Cultural Preservation Requirements.
- National Historic Preservation Act of 1966
D. Administrative Requirements.
- Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
- Debarment and Suspension
- Drug-Free Workplace Act of 1988
- Restrictions on Lobbying (P.L. 101-121)
1.3 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)).
A. Summary. Prohibits discrimination based on race, color, or national origin in any "program or activity receiving Federal financial assistance."
B. References.
(1) Regulations of the Department of the Interior (43 CFR Part 17)
(2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements
(3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan
C. Requirements.
(1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve to exclude or limit opportunity for use or benefits.
(2) Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance.
(3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included.
1.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 795)
A. Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
B. References.
(1) Regulations of the Department of the Interior (43 CFR Part 17)
(2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements
(3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan
C. Requirements.
(1) Grantees may not deny a qualified handicapped person the opportunity to participate in or benefit from Federal Aid project facilities or services afforded to others.
(2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member of a planning or advisory board.
(3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid project.
1.5 Age Discrimination Act of 1975 (42 U.S.C. 6101)
A. Summary. Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance.
B. References.
(1) Regulations of the Department of the Interior (43 CFR Part 17)
(2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements
(3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan
C. Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity.
1.6 Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et.seq.)
A. Summary. Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance.
B. References.
(1) Regulations of the Department of the Interior (43 CFR Part 17)
(2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements
C. Requirements. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance. For the purpose of Title IX, hunter education and aquatic education project activities are considered education programs.
1.7 Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.)
A. Summary. The Act is intended to, "preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone..."
B. References. Regulations of the Department of Commerce (15 CFR 930).
C. Requirements. Federal Aid projects, which would "significantly affect the coastal zone" must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan.
1.8 Executive Order 11987, Exotic Organisms.
A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United States. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States.
B. References. Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977)
C. Requirements.
(1) Any proposal for the introduction of an exotic species into a natural ecosystem by a State fish and wildlife agency must include a biological opinion from the U.S. Fish and Wildlife Service supporting the proposed introduction.
(2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information including, but not limited to, NEPA documents, biological data, and project plans.
(3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion.
1.9 Endangered Species Act of 1973 (16 U.S.C. 1531-1534).
A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of the habitat of the species.
B. Reference. Section 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978).
C. Requirements. The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat. For projects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The State is required to name the listed species and/or critical habitat included; list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat.
1.10 National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347).
A. Summary. Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation.
B. References.
(1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500-1508).
(2) Departmental Manual, Environmental Quality, Part 516.
(3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550.
(4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director-Fish and Wildlife Enhancement is authorized to promulgate the National Environmental Policy Act Handbook for Federal Aid Projects.
C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (EIS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook for Federal Aid Projects.
1.11 Floodplains and Wetlands Protection.
A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only if actions are taken to minimize the adverse effects.
B. References.
(1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977).
(2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 1977).
(3) Department of Interior Procedures for Implementation, 520 DM 1.
(4) Natural Resources Protection, 613 FW.
C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. If there are no practical alternatives to proposed projects in floodplains or wetlands, actions to minimize the adverse effects should be incorporated into the project plans.
1.12 Animal Welfare Act of 1985, 7 U.S.C. 2131, et seq.
A. Summary. Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and teaching.
B. References. Regulations of the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug. 31, 1989).
C. Requirements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices.
1.13 Coastal Barriers Resources Act of 1982 (16 U.S.C. 3501), as amended by the Coastal Barrier Improvement Act of 1990 (P.L. 101-591)
A. Summary. The purpose of the Acts are "...to minimize the loss of human life, wasteful expenditure of Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers..."
B. References. U.S. Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 (Oct. 6, 1983).
C. Requirements. Activities conducted within a unit of the Coastal Barrier Resources System must meet the requirements of section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office.
1.14 National Historic Preservation Act of 1966, 16 U.S.C. 470.
A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources.
B. References.
(1) National Register of Historic Places (36 CFR 60).
(2) The Archeological and Historic Preservation Act of 1974, 16 U.S.C. 469a.
(3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 800).
(4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63).
(5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61).
(6) Cultural Resources Protection, 614 FW.
C. Requirements.
(1) States must consult with the State Historic Preservation Officer (SHPO) for those activities or projects that are defined as undertakings under the National Historic Preservation Act. An undertaking is defined as a project, activity, or program that can result in changes in the character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential effect. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act.
(2) In cases where a Federal Aid project has been determined to be an undertaking, the State must notify the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of inventory to identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in the National Register.
(3) Where completed inventories indicate that identified historic properties may be affected by the undertaking, the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek determinations of eligibility for those properties that are to be affected by the proposed activity.
(4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on the National Register, the State shall ask the appropriate Regional Director to determine measures for mitigating or avoiding impacts. This may require the development of a memorandum of agreement among the Service, State, and State Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include:
(a) Physical destruction, damage, or alteration of all or part of the property;
(b) Isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register of Historic Places;
(c) Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting;
(d) Neglect of a property resulting in its deterioration or destruction; and
(e) Transfer, lease, or sale of the historic property.
(5) If a previously unknown property that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid project, the Regional Director must be notified and all actions which may adversely effect it must be suspended. The Service shall provide the State with instructions on how to proceed.
1.15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601)
A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply with the Act. Prices to be paid for lands or interests in lands must be fair and reasonable (except when the price is fixed by law, or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable treatment.
B. References.
(1) Department of Interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114-50).
(2) Department of Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24).
C. Appraisal Requirements.
(1) A real property owner or his designated representative must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report.
(2) Real property must be appraised, the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner.
(3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the State or other grantee must offer to buy the whole property. The term "uneconomic remnant" applies only to Title III of the Act and the necessity of the acquiring agency to offer to purchase such a remainder or the entire property. It is not to be construed with the term "uneconomic unit" as it applies to the in-lieu payment of farm operations under Title II of the Act.
D. Negotiation Requirements.
(1) An owner or his designated representative must be provided, in person or by certified mail, a written statement of just compensation as determined in the appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken and the owner is left with an uneconomic remnant, the agency must offer to buy the whole property.
(2) Reimbursement to a real property owner for costs to convey a title must include:
(a) Recording fees, transfer taxes, and similar costs;
(b) Penalty cost for prepayment of pre-existing recorded mortgage; and
(c) Pro-rata portion of real property taxes allocable to a period subsequent to the date of vesting title.
(3) All displaced persons (owners and tenants) must be provided information on their relocation benefits.
E. Relocation Assistance to Displaced People.
(1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see 49 CFR 24.205). Planning may involve the following:
(a) Who and what will be displaced.
(b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain:
(i) Currently available replacement housing, businesses, farm, and organization sites;
(ii) Approximate number of employees affected;
(iii) Types of buildings, number, and size of rooms;
(iv) The needs of those displaced (i.e. lifestyle); and
(v) Type of neighborhood, distance to community facilities, church, etc.
(c) List of comparable replacement dwellings, including rentals, available on the market within a 50-mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted.
(d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped.
(e) Estimate of cost for moving.
(2) Advisory Services for Displaced People. Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing.
(3) Payment for Relocation of Displaced Persons. Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
1.16 Debarment and Suspension
A. Summary. Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency.
B. References.
(1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986.
(2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100 - 12.510
C. Requirements.
(1) States and other grantees must submit the certification for Primary Covered Transactions (DI-1953). States certify as to their "principals", not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance.
(2) States and other grantees must obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (DI-1954). A certification is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from a subgrantee or contractor.
(3) States and other grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or is otherwise ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list is available, upon request, from the Regional Director.
1.17 Drug-Free Workplace Act of 1988.
A. Summary. The Drug-Free Workplace Act requires that all grantees certify that they will maintain a drug-free workplace.
B. References. Department of Interior Rules, Drug-Free Workplace Requirements, 43 CFR 12.600-635.
C. Requirements. Grantee organizations must:
(1) Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace is prohibited;
(2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and
(3) Provide a drug-free workplace certification to the Department of Interior or U.S. Fish and Wildlife Service. The forms for providing the certification are available from the Regional Director. State agencies may certify annually. If the State agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit the certification with each Grant Agreement.
1.18 Restrictions on Lobbying (P.L. 101-121)
A. Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement.
B. References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying.
C. Requirements.
(1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e.g. grants, to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee of a member of Congress in connection with a specific contract, grant, loan, or cooperative agreement.
(2) Proposals for grants in excess of $100,000 must contain a certification that no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI-1963, can be obtained from the Regional Offices.
(3) Recipients of grants in excess of $100,000 must file a disclosure form on lobbying activities conducted with other than Federal appropriated funds. Form SF-LLL and SF-LLL-A, Continuation Sheet, shall be used for this purpose. Copies of the forms can be obtained from the Regional Offices.