a vending facility, the head of the Interior bureau or office, except as provided in paragraphs (c) and (d) of this section, shall take action to terminate, as soon as possible and with minimum interruption to the service afforded customers, any existing competitive arrangement for the sale of any articles similar to or identical to those sold or to be sold under the permit. Notice of such termination shall be given as required under the terms of the existing arrangement, or if none is provided, a notice of not less than 30 days shall be given in writing. (c) Existing arrangements with respect to vending machines need not be terminated if such vending machines are moved at the expense of their operators to locations elsewhere on the property which are noncompetitive with a blind-operated vending facility, or if the income from such machines is assigned to the blind operator. (d) This section shall not apply to the sale and service of food and other articles considered as food and usually sold in connection with meals by cafeterias, restaurants, or similar food dispensing establishments. § 13.6 Appeals. When the head of an Interior bureau or office has designated a representative to act for him under these regulations, he shall provide for the review of any matter in dispute between such representatives and the State licensing agency. In the event that they fail to reach agreement concerning the granting of a permit for the vending stand, the modification or revocation of a permit, the suitability of the stand location, the assignment of vending proceeds, the methods of operation of the stand, or other terms of the permit (including articles which may be sold) the State licensing agency shall have the right of appeal to the Secretary of the Interior or his designee. Such appeals shall be made in writing within 15 days from the date of the notice of decision. Upon appeal, full investigation shall be undertaken. A full report shall be obtained from the Interior representative from whose decision the appeal is being taken. The State licensing agency shall be given opportunity to present information. The Department of Health, Education, and Welfare shall be available for gen eral advice on program activities and objectives. A final decision of the Secretary of the Interior shall be rendered within ninety days of the filing of the appeal. Notification of the decision on appeal and the action taken thereon shall be given to the State licensing agency and to the Department of Health, Education, and Welfare. The decision of the Secretary of the Interior or his designee shall be final. At the end of each fiscal year the Office of the Secretary shall report to the Department of Health, Education, and Welfare the total number of applications for vending stand locations received from State licensing agencies, the number accepted, the number denied, and the number still pending. [28 F.R. 7224, July 13, 1963] § 14.1 PART 14-DEPARTMENTAL Petition respecting a rule. Any interested person may petition in accordance with the provisions of subsection (d) of section 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1003 (d)) for the issuance, amendment, or repeal of a rule. The petition shall be addressed to the Secretary of the Interior, Washington 25, D.C. It shall identify the rule for which modification or repeal is requested, or shall provide the text of a proposed rule or amendment, and shall set forth reasons in support of the petition. The petition will be given prompt consideration and the petitioner will be notified promptly of action taken. (Sec. 4, 60 Stat. 238; 5 U.S.C. 1003) [24 F.R. 9511, Nov. 26, 1959] Sec. 15.13 Report of accidents. 15.14 Applicability of laws. AUTHORITY: The provisions of this Part 15 issued under sec. 5, 67 Stat. 464; 43 U.S.C. 1334, Proc. 3339, 25 F.R. 2352. SOURCE: The provisions of this Part 15 appear at 25 F.R. 8949, Sept. 17, 1960. § 15.1 Scope. The State of Florida has established a similar coral reef preserve on an area situated shoreward of a line three geographic miles from Key Largo and contiguous to the Key Largo Coral Reef Preserve. It is the policy of the Department of the Interior to cooperate with the State of Florida and its conservation agencies in the preservation of the reef. § 15.2 Removal or destruction of natural features and marine life. No person shall destroy, injure, deface, mar, move, dig, harmfully disturb or remove from the Preserve any beach sand, gravel or minerals, corals, sea feathers and fans, shells and shell fish, starfishes or other marine invertebrates, seaweeds, grasses, or any soil, rock, artifacts, stones or other materials. No person shall cut, carve, injure, mutilate, move, displace or break off any bottom formation or growth. Nor shall any person dig in, or in any other way injure or impair the natural beauty or usefulness of this Preserve. No rope, wire or other contrivance shall be attached to any coral, rock or other formation, whether temporary or permanent in character or use. § 15.3 Dredging, filling, excavating and building activities. No dredging, excavating, or filling operations of any kind are permitted in the Preserve and no materials of any sort may be deposited in or on the waters thereof. No building or structure of any kind, whether permanent or temporary, may be constructed or built, and no public service facility may be constructed or extended into, upon or across the Preserve. § 15.4 Refuse and polluting substances. No person shall dump or deposit in or on the waters of this Preserve any oily liquids or wastes, acids or other deleterious chemicals, bottles, broken glass, paper, boxes, cans, dirt, rubbish, waste, No person shall willfully destroy, molest, remove, deface, displace, or tamper with any wrecks, parts of wrecks or any cargo pertaining to such wrecks within the Preserve in such manner as to injure or destroy any coral formation. § 15.6 Markers. No person shall willfully mark, deface or injure in any way, or displace, remove or tamper with any Preserve signs, notices or placards, whether temporary or permanent, or with any monuments, stakes, posts or other boundary markers. § 15.7 Fishing. (a) Spear fishing within the boundaries or confines of this Preserve is prohibited. (b) The use of poisons, electric charges, or other such methods is prohibited. § 15.8 Skin diving. Diving with camera, or diving for observation and pleasure is permitted and encouraged within the Preserve. § 15.9 Collection of scientific speci mens. Collection of natural objects and marine life for educational purposes and for scientific and industrial research shall be done only in accordance with the terms of written permits granted by the Director of the Florida Board of Parks and Historic Memorials. Such permits shall be issued only to persons representing reputable scientific, research, or educational institutions. No permits will be granted for specimens the removal of which would disturb the remaining natural features or mar their appearance. All permits are subject to cancellation without notice at the discretion of the issuing official. Permits shall be for a limited term and may be renewed at the discretion of the issuing official. § 15.10 Operation of watercraft. No watercraft shall be operated in such a manner as to strike or otherwise cause damage to the natural features of the Preserve. Except in case of emergency endangering life or property, no The Preserve may be closed to public use in the event of emergency conditions encouraged within the Preserve. § 15.13 Report of accidents. Accidents involving injury to life or property shall be reported as soon as possible by the person or persons involved to the officer in charge of the Preserve. § 15.14 Applicability of laws. In areas to which this part pertains all Federal Acts shall be enforced insofar as they are applicable, and the laws and regulations of the State of Florida shall be invoked and enforced in accordance with the act of June 25, 1948 (62 Stat. 686; 18 U.S.C. 13). § 16.1 Agreement to dispose of helium which is being produced or drained as a component of gas. (a) The Secretary, pursuant to his authority and jurisdiction over Federal lands, may, where helium can be conserved that would otherwise be wasted in production of oil or gas from Government lands embraced in an oil and gas lease or where necessary to prevent drainage of Federally owned deposits of helium-bearing gas, enter into an agreement with a qualified applicant to dispose of the helium of the United States which is being produced or drained as a component of gas, upon such terms and conditions as he deems fair, reasonable, and necessary to conserve such helium. Only the Secretary or his authorized representative may approve such an agreement. (b) An agreement shall be subject to the existing rights of the Federal oil and gas lessee. The precise nature of any agreement will depend on the conditions and circumstances involved in any particular case. (c) An agreement shall provide that in the extraction of helium from gas produced by Federal oil and gas lessees, it shall be extracted so as to cause no delay, except that required by the extraction process, in the delivery of the residue of the gas produced from the well to the purchaser or purchasers thereof. The agreement shall also require the applicant to compensate the affected oil and gas lessee for any components of the gas other than helium, which are lost in the process of extraction. § 16.2 Proposals for recovery of helium from leaseholds valuable for both the helium component and other components of gas. (a) The Secretary will accept written proposals for the recovery of the helium component of gas from leaseholds valuable for both the helium component and other components of gas. The proposals need not be in any particular form but must contain information sufficient to permit the Secretary to determine the following: (1) That the area covered by the proposal is known to be valuable for the helium component and other components of gas under the conditions of § 16.1. (2) That the applicant, insofar as the feasibility of the proposal requires the applicant to utilize gas produced under non-Federal oil and gas leases, has made satisfactory contractual agreements, which may be a nonrevocable option, with non-Federal oil and gas lessees. Copies of the documents evidencing such arrangements must be furnished. (3) That the applicant has developed a plan with respect to which the applicant submits evidence that he has either (i) reached agreement with the affected Federal oil and gas lessees on detailed arrangements for obtaining the delivery of the helium-bearing gas from the lessees and the redelivery, without unreasonable delay, of the residue after extraction of the helium component to the owner thereof, or, (ii) if no agreement has been reached, that the applicant has proposed reasonable arrangements therefor to the lessees and that such arrangements have been unreasonably refused, in which event such arrangements may be approved, in the discretion of the Secretary, without the agreement of the lessees. (4) That the proposal will conserve helium that will otherwise be wasted or drained. (5) That the applicant has the financial and technical capability to carry out the proposal. There must be a complete and detailed showing of the applicant's financial capability, including a full disclosure of arrangements for the financing of the project. (6) Each application shall be accompanied by a lease ownership map, plat, or diagram for each field containing helium-bearing gas for each to be made subject to the agreement, and for each field, the estimated recoverable gas and helium content of the gas, the B.t.u. content of the gas, and whether from pipeline, gas well, or residue gas. The application shall show the location and type of the proposed extraction plant, related data, including sources of gas supply, pipeline facilities and such other information as may be necessary to properly evaluate the application. (b) The proposal and all papers and documents pertinent thereto shall be filed with the Secretary. The filing of a proposal gives no prior right to the applicant and the Secretary may entertain any competing proposals. (c) Any filing shall include evidence of notice of such filing to all oil and gas lessees in the field or fields involved. Notice of filing may be by publication by the applicant once a week for four consecutive weeks in a newspaper of established character and of general circulation in the vicinity of the land affected thereby, such paper having a fixed and well-known place of publication. (d) Proposals for the purpose of prospecting, exploration, or development of new helium deposits will not be considered. § 16.3 Proposals for recovery of helium where necessary to prevent drainage. (a) The Secretary will accept proposals for recovery of helium where necessary to prevent drainage of federally owned deposits of helium-bearing gas. Proposals filed under this section shall be subject to the requirements of § 16.2 except that no showing need be made that the helium-bearing gas being drained, or subject to imminent drainage, is valuable for both the helium component and for the other components of the gas. § 16.4 Term and conditions. (a) Agreements may be coextensive with the life of the leases affected or for a fixed term. Upon termination the reservation of helium to the United States shall be fully operative. (b) The United States shall have access to all technological data, exclusive of proprietary process and design data, incident to extraction of helium from gas produced from lands under oil and gas lease. § 16.5 Consideration to the United States; renegotiation. (a) The Secretary shall determine the royalty or other compensation to be paid by the applicant, which royalty or other compensation together with the royalties and other compensation paid by the oil and gas lessee, shall be in an amount sufficient to secure to the United States a return on all the values, including recovered helium. (b) The Secretary may require that each agreement shall contain a renegotiation clause providing for renegotiation of the royalty percentage ten years from the effective date of the agreement and at five-year intervals thereafter. § 16.6 Bonds. The applicant shall be required to submit a bond in such amount and in such form as the Secretary may prescribe to secure the faithful performance of the terms of any agreement made. The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 to the end that no person in the United States shall, on the 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 receiving Federal financial assistance from the Department of the Interior. § 17.2 Application of this part. This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department, including programs and activities that are Federally assisted under the laws listed in Appendix A of this part. It applies to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of the regulation pursuant to an application approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contracts, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (c) any assistance to any individual who is the ultimate beneficiary under any such program, or (d) except to the extent described in § 17.3, any employment practice, under any such program, of any employer, employment agency, or labor organization. The fact that a statute under which Federal financial assistance is extended to a program or activity is not listed in Appendix A shall not mean, if Title VI is otherwise applicable, that such program or activity is not covered. Other statutes now in force or hereafter enacted may be added to this list by notice published in the FEDERAL REGISTER. § 17.3 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 to which this part applies. (b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on the 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 provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only |