procedures of paragraph (c) of this section. The Department shall not be required to provide assistance in such a case during the pendency of the administrative proceedings under such paragraph, except that the Department shall continue assistance during the pendency of such proceedings where such assistance is due and payable pursuant to an application therefor approved prior to the effective date of the regulations in this part.

(c) Termination of or refusal to grant or to continue Federal financial assistance. No order suspending, terminating, or refusing to grant or to continue Federal financial assistance shall become effective until (1) the Agency has advised the applicant or recipient of his failure to comply and has determined that compliance cannot be secured by voluntary means, (2) there has been an express finding on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with the requirement imposed by or pursuant to the regulations in this part, (3) the action has been approved by the Secretary pursuant to § 15.10(e), and (4) the expiration of 30 days after the Secretary has filed with the committee of the House and the committee of the Senate, having legislative jurisdiction over the program involved, a full written report of the circumstances and the grounds for such action. Any action to suspend or terminate or to refuse to grant or to continue Federal financial assistance shall be limited to the particular political entity, or part thereof, or other applicant or recipient as to whom such a finding has been made and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found.

(d) Other means authorized by law. No action to effect compliance by any other means authorized by law shall be taken until (1) the Secretary has determined that compliance cannot be secured by voluntary means, (2) the recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance, and (3) the expiration of at least ten days from the mailing of such notice to the recipient or other person. During this period of at least ten days, additional efforts shall be made to persuade the recipient or other person to comply with the regu

lations in this part and to take such corrective action as may be appropriate. § 15.9 Hearings.

(a) Opportunity for hearing. Whenever an opportunity for a hearing is required under the regulations in this part, reasonable notice shall be given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and either (1) fix a date not less than 20 days after the date of such notice within which the applicant or recipient may request of the Secretary or the Agency that the matter be scheduled for hearing or (2) advise the applicant or recipient that the matter in question has been set down for hearing at a stated place and time. The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing under this subsection or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing under section 602 of the Act and the regulations in this part and consent to the making of a decision on the basis of such information as is available.

(b) Time and place of hearing. Hearings shall be held at the offices of the Department in Washington, D.C., at a time fixed by the hearing officer or by the Secretary unless it is determined that the convenience of the applicant or recipient or of the Department requires that another place be selected. Hearings shall be held before a hearing officer.

(c) Right to counsel. In all proceedings under this section, the applicant or recipient and the Department shall have the right to be represented by counsel.

(d) Procedures, evidence, and record. (1) The hearing, decision, and any administrative review thereof shall be conducted in conformity with sections 5-8 of the Administrative Procedure Act, and

in accordance with such rules of procedure promulgated by the Secretary as not inconsistent with this section, relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (a) of this section, taking of testimony, exhibits, arguments and briefs, requests for findings, and other related matters. Both the Department and the applicant or recipient shall be entitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the hearing officer conducting the hearing at the outset of or during the hearing.

(2) Technical rules of evidence shall not apply to hearings conducted pursuant to these regulations in this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the hearing officer. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.

(e) Consolidated or joint hearings. In cases in which the same or related facts are asserted to constitute noncompliance with these regulations with respect to two or more programs to which the regulations in this part apply, or noncompliance with the regulations in this part and the regulations of one or more other Federal Departments or Agencies issued under Title VI of the Act, the Secretary may, by agreement with such other Departments or Agencies, where applicable provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedure not inconsistent with the regulations in this part. Final decisions in such cases, insofar as the regulations in this part are concerned, shall be made in accordance with § 15.10. § 15.10 Decisions and notices.

(a) Decision by hearing officer or Secretary. (1) The hearing officer shall

either make an initial decision, if so authorized, or certify the entire record including his recommended findings, and proposed decision to the Secretary for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient. The applicant or recipient may within 30 days of the mailing of such notice of initial decision file with the Secretary his exceptions to the initial decision, with his reasons therefor.

(2) In the absence of exceptions, the Secretary may on his own motion within 45 days after the initial decision serve on the applicant or recipient a notice that he will review the decision. Upon the filing of such exceptions or of such notice of review the Secretary shall review the initial decision and issue his own decision thereon including the reasons therefor. In the absence of either exceptions or a notice of review the initial decision shall constitute the final decision of the Secretary.

(b) Decisions on record or review. Whenever a record is certified to the Secretary for decision or he reviews the decision of a hearing officer pursuant to paragraph (a), the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the Secretary shall be given in writing to the applicant or recipient, and to the complainant, if any.

(c) Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 15.9(a), a decision shall be made by the Secretary on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any.

(d) Rulings required. Each decision of a hearing officer shall set forth his ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to the regulations in this part with which it is found that the applicant or recipient has failed to comply.

(e) Decision by Secretary. The Secretary shall make any final decision which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under the regulations in this part or the Act.

(f) Content of orders. The final decision may provide for suspension or ter

mination of, or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and the regulations in this part, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to the regulations in this part, or to have otherwise failed to comply with the regulations in this part, unless and until it corrects its noncompliance and satisfies the Agency that it will fully comply with the regulations in this part.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 15.12 Effect on other regulations; forms and instructions.

(a) Effect on other regulations. All regulations, orders, or like directions heretofore issued by any officer of the Department which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which the regulations in this part apply, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by the regulations in this part, except that nothing in the regulations in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of the regulations in this part. Nothing in these regulations, however, shall be deemed to supersede any of the following including future amendments thereof: (1) Executive Orders 10925 and 11114 and regulations issued thereunder; or (2) Executive Order 11063 and regulations issued thereunder or any other regulations or instructions insofar as they prohibit discrimination on the ground of race, color, or national origin

in any program or situation to which the regulations in this part are inapplicable, or prohibit discrimination on any other ground.

(b) Forms and instructions. Each Agency shall issue and promptly make available forms and such implementing instructions and procedures consistent with the regulations in this part as may be necessary. Each Agency in making available Federal financial assistance to any program or activity may utilize contractual commitments in obtaining compliance with the regulations in this part, including obtaining compliance by recipients other than the contracting recipient.

(c) Supervision and coordination The Secretary may from time to time assign to officials of other Departments or Agencies of the Government with the consent of such Department or Agency, responsibilities in connection with the effectuation of the purposes of Title VI of the Act and the regulations in this part (other than responsibility for final decision as provided in § 15.10) including the achievement of effective coordination and maximum uniformity within the Department and within the Executive Branch of the Government in the application of Title VI and these regulations to similar programs and in similar situations.

APPENDIX

PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF AGRICULTURE COVERED BY TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

Payments for Marketing Service Work, 7 U.S.C. 1623.

Grants for basic scientific research, 42 U.S.C. 1891-1893.

Foreign Market Development Projects, 7 U.S.C. 1691-1724.

Research and Technical Assistance for Farmers' Cooperatives, 7 U.S.C. 451-457. Cooperative Agricultural Extension Work, 7 U.S.C. 341-349.

Educational Aspects of Agricultural Marketing Act, 7 U.S.C. 1623-1624.

Direct loans and planning advances under the Soil and Water Association Loan Program pursuant to Sections 306 and 314 of the Consolidated Farmers Home Administration Act of 1961, 7 U.S.C. 1926, 1944.

Direct loans under the Senior Citizens Rental Housing loan program pursuant to Section 515(a) of the Housing Act of 1949, 42 U.S.C. 1485(a).

Loans, technical assistance, and preliminary advances under the Rural Renewal loan program pursuant to Section 32(e) of

the Bankhead-Jones Farm Tenant Act, 7 U.S.C. 1011(e).

Loans under the Resource Conservation and Development loan program pursuant to Section 32(e) of the Bankhead-Jones Farm Tenant Act and the Agricultural Appropriation Acts, 7 U.S.C. 1011(e) P.L. 88-250 and subsequent Appropriation Acts.

Direct loans under the Farm Ownership and Operating loan programs made for the purpose of installing or improving on farms recreation facilities available to the public, 7 U.S.C. 1922, 1923, 1941.

Loans to cooperative associations under Section 303, Economic Opportunity Act of 1964, P.L. 88-452, 78 Stat. 524.

Disaster and distress assistance through State and other agencies, 7 U.S.C. 1427.

Loans under the Watershed Protection and Flood Prevention loan program in addition to assistance by the Soil Conservation Service, 16 U.S.C. 1001-1008.

Special Milk Program, Act of July 1, 1958, as amended, 7 U.S.C. 1446 note.

School Lunch Program, National School Lunch Act, 42 U.S.C. 1751 et seq.

Food Stamp Program, Section 32 of the Act of August 24, 1935, 7 U.S.C. 612c. Food Stamp Act of 1964, 78 Stat. 703.

Direct Distribution Program, Section 416 of the Agricultural Act of 1949, as amended 7 U.S.C. 1431. Section 32 of the Act of August 24, 1935, 7 U.S.C. 612c. Sections 6 and 9 of National School Lunch Act, 42 U.S.C. 1755, 1758.

Hatch Act Experiment Stations, 7 U.S.C. 361a et seq.

Section 204(b) of the Agricultural Marketing Act of 1946, 7 U.S.C. 1623.

Cooperative Forestry Research Act, P.L.

87-788.

Experiment Station Research Facilities, 7 U.S.C. 390-390k.

Watershed Protection Program, Watershed Protection and Flood Prevention Act of August 4, 1954, 16 U.S.C. 1001-1008. Flood Prevention Program, Flood Control Act of December 22, 1944, 58 Stat. 887.

Resource Conservation and Development Program, Title III of the Bankhead-Jones Farm Tenant Act, as amended by Section 102 of the Food and Agriculture Act of 1962, 7 U.S.C. 1010-1012. Soil Conservation Act of April 27, 1935, 16 U.S.C. 590a-f.

Program of Technical Assistance, and Grants of Equipment and Material, and Plant Materials to Soil Conservation Districts, Soil Conservation Act of April 27, 1935, 16 U.S.C. 590a-f.

Rural Electrification and Rural Telephone Programs, Rural Electrification Act of 1936, as amended, 7 U.S.C. 901 et seq.

Cropland Conversion Program, 16 U.S.C. 590p(e).

Price support programs operating through producer associations, cooperatives, and other recipients in which the recipient is required to furnish specified benefits to producers (e.g., tobacco, peanuts, naval stores, cotton, rice, honey, dry edible beans, cot

tonseed and soybeans price support programs), Agricultural Act of 1949, as amended, 7 U.S.C. 1421 et seq. Commodity Credit Corporation Charter Act, 15 U.S.C. 714 et

seq.

Surplus removal programs operating through purchases or diversion payments under clause (2) of section 32 of the Act of August 24, 1935, as amended, in which the recipient under the program is required to provide specified benefits to producers, Section 32 of the Act of August 24, 1935.

Administration and management of National Forests and National Grasslands, and other lands administered by the Forest Service in which Federal assistance is rendered, including but not limited to the following activities:

a. Permits for use of National Forests and National Grasslands by other than individuals at a nominal or no charge, Act of June 4, 1897, as amended, 16 U.S.C. 551. Secretary's Regs. U-11, 36 C.F.R. 251.2. Time Permit Act of March 4, 1915, as amended, 16 U.S.C. 497. American Antiquities Act of June 8, 1906, 16 U.S.C. 433. Title III, Bankhead-Jones Farm Tenant Act of July 22, 1987, 7 U.S.C. 1011 (c), (d).

b. Permits for use of Government-owned improvements and land used therewith by other than individuals at a nominal charge, Section 7 of Granger-Thye Act of April 24, 1950, 16 U.S.C. 580d.

c. Easements for use of National Forests and National Grasslands by other than individuals at a nominal or no charge, Act of March 4, 1911, as amended, 16 U.S.C. 523. Act of May 13, 1946, as amended, 49 U.S.C. 1115. Title III, Bankhead-Jones Farm Tenant Act of July 22, 1937, 7 U.S.C. 1011(d).

d. Permits for disposal of common varieties of mineral materials from lands under Forest Service jurisdiction for use by other than individuals at a nominal or no charge, Act of July 31, 1947, as amended, 30 U.S.C. 601-603, 611. Act of June 11, 1960, 5 U.S.C. 511 note.

e. Timber granted free or at nominal cost to any group, Act of June 4, 1897, as amended, 16 U.S.C. 551. Title III, Bankhead-Jones Farm Tenant Act of July 22, 1937, 7 U.S.C. 1011(b). Secretary's Regs. S-24 and S-29, 36 C.F.R. 221.24, 221.29.

f. Road rights-of-way, Federal Highway Act of August 27, 1958, 23 U.S.C. 107.

g. Rights-of-way for wagon roads or railroads, Act of March 3, 1899, 16 U.S.C. 525.

h. Use of Federal land for airports, Federal Airport Act of May 13, 1946, as amended, 49 U.S.C. 1105, 1115.

1. Revenue sharing payment to States:

1. Payment of 25 percent of national forest receipts to States for schools and roads, Act of May 23, 1908, as amended, 16 U.S.C. 500.

2. Payment to Minnesota from national forest receipts of a sum based on a formula, Section 5 of the Act of June 22, 1948, as amended, 16 U.S.C. 577g-577g-1.

3. Payment to New Mexico and Arizona of proportion of national forest receipts for

common-school fund, Sections 6 and 24 of Act of June 20, 1910, 36 Stat. 557, 562, 573.

4. Payment of 25 percent of net revenues from Title III, Bankhead-Jones Farm Tenant Act, lands to counties for school and road purposes or both, Section 33, Title III, of Bankhead-Jones Farm Tenant Act of July 22, 1937, 7 U.S.C. 1012.

Cooperation in the protection, development, management, utilization of forest resources administered by the Forest Service in which Federal assistance is rendered, including but not limited to the following activities:

a. Fire prevention and suppression, Section 2 of Clarke-McNary Act of June 7, 1924, as amended, 16 U.S.C. 565.

b. Forest seedling production and distribution, Section 4 of Clarke-McNary Act of June 7, 1924, as amended, 16 U.S.C. 567.

c. Assistance to States for tree planting, Title IV, Section 401, of Agricultural Act of 1956, as amended, 16 U.S.C. 568-eg.

d. Technical assistance in forest management, Cooperative Forest Management Act of August 25, 1950, 16 U.S.C. 568 c, d.

e. General forestry assistance, Annual Appropriation Acts commencing with the Department Appropriation Act of 1905; Organic Act of 1862, 5 U.S.C. 511.

f. Control of white pine blister rust, White Pine Blister Rust Protection Act of April 26, 1940, 16 U.S.C. 594a.

g. Protections of forest resources from insects, pests and diseases, Forest Pest Control Act of June 25, 1947, 16 U.S.C. 594-1-5.

Research programs of the Forest Service in which Federal assistance is rendered, including but not limited to the following activities:

a. Advance of funds for cooperative research, Section 20 of Granger-Thye Act of April 24, 1950, added April 6, 1956, 18 U.S.C. 5811-1.

b. Grants for support of scientific research, Act of September 6, 1958, 42 U.S.C. 1891-1893.

c. Research cooperation, McSweeney-McNary Act of May 22, 1928, as amended, 16 U.S.C. 581 et seq.

Supplement No. 1. Programs and activities of the Department of Agriculture covered by Title VI of the Civil Rights Act of 1964: Grants for research, P.L. 89-106, 79 Stat.

431.

Transfer of fire lookout towers, improvements, and land to States and political subdivisions, P.L. 85-464, 16 U.S.C. 565b.

Easements for road rights-of-way over National Forest lands, other lands administered by the Forest Service and related lands, P.L. 88-657, 16 U.S.C. 533.

Conveyance of land to States or political subdivisions for widening highways, streets and alleys, P.L. 86-608, 40 U.S.C. 345c.

Financial assistance to states and political subdivisions to provide low-rent housing and related facilities for domestic farm labor, P.L. 88-560, 42 U.S.C. 1486.

Financial and other assistance to landowners, operators, or occupiers to carry out land uses and conservation, section 203, P.L. 89-4, 79 Stat. 12.

Financial assistance to private timber organizations to carry out timber development programs, section 204a, P.L. 89-4, 79 Stat. 13.

Grants under sections 306 and 314 of the Consolidated Farmers Home Administration Act of 1961.

Cropland Adjustment Program, section 601 of the Food and Agriculture Act of 1965, 79 Stat. 1206.

[29 F.R. 16274, Dec. 4, 1964, as amended at 30 F.R. 14845, Dec. 1, 1965]

Subpart B-Nondiscrimination-Direct USDA Programs and Activities AUTHORITY: The provisions of this Subpart B of Part 15 issued under sec. 602, 78 Stat. 252; 5 U.S.C. 301, 42 U.S.C. 2000 d-1. § 15.50 Applicability.

The regulations in this subpart complement Subpart A of this part and cover those programs and activities of the Department not subject thereto in which the Department or any agency thereof makes available any benefit directly to persons under such programs and activities.

[29 F.R. 16966, Dec. 11, 1964]

§ 15.51 Discrimination prohibited.

(a) No agency, officer, or employee of the United States Department of Agriculture, shall exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color, creed, or national origin under any program or activity administered by such agency, officer, or employee.

(b) No agency, officer, or employee of the Department shall on the ground of race, color, creed, or national origin deny to any person in the United States (1) equal access to buildings, facilities, structures, or lands under the control of any agency of this Department or (2) under any program or activity of the Department, equal opportunity for employment, for participation in meetings, demonstrations, training activities or programs, fairs, awards, field days, encampments, for receipt of information disseminated by publication, news, radio, and other media, for obtaining contracts, grants, loans, or other financial assistance or for selection to assist in the administration of programs or activities of this Department.

[29 F.R. 16966, Dec. 11, 1964]