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other benefits provided under a program receiving Federal financial assistance shall be deemed to include any Services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any Services, financial aid or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources. (f) Recipient may mean any State, territory, possession, the District of Columbia, or Puerto Rico, or any political Subdivision thereof, or instrumentality thereof, any public or private agency, institution, or Organization, or other entity, or any individual, in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary under any Such program. (g) Secretary means the Secretary of Transportation or, except in $21.17 (e), any person to whom he has delegated his authority in the matter Concerned.

APPENDIX A TO PART 21—ACTIVITIES TO WHICH THIS PART APPLIES

1. Use of grants made in connection with Federal-aid highway Systems (23 U.S.C. 101 et Seq.). 2. Use of grants made in connection with the Highway Safety Act of 1966 (23 U.S.C. 401 et Seq.). 3. Use of grants in connection with the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391–1409, 1421–1425). 4. Lease of real property and the grant of permits, licenses, easements and rights-ofway covering real property under control of the Coast Guard (14 U.S.C. 93 (n) and (0)). 5. Utilization of Coast Guard personnel and facilities by any State, territory, possession, or political subdivision thereof (14 U.S.C. 141(a)). 6. Use of Coast Guard personnel for duty in connection with maritime instruction and

training by the States, territories, and Puerto Rico (14 U.S.C. 148). 7. Use of obsolete and other Coast Guard material by Sea Scout Service of Boy Scouts of America, any incorporated unit of the Coast Guard auxiliary, and public body or private organization not organized for profit (14 U.S.C. 641(a)). 8. U.S. Coast Guard Auxiliary Program (14 U.S.C. 821–832). 9. Use of grants for the Support of basic scientific research by nonprofit institutions of higher education and nonprofit organizations whose primary purpose is conduct of Scientific research (42 U.S.C. 1891). 10. Use of grants made in connection with the Federal-aid Airport Program (secs. 1–15 and 17–20 of the Federal Airport Act, 49 U.S.C. 1101–1114, 1116–1120). 11. Use of U.S. land acquired for public airports under: a. Section 16 of the Federal Airport Act, 49 U.S.C. 1115; and b. Surplus Property Act (Sec. 13(g) of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g), and Sec. 3 of the Act of Oct. 1, 1949, 50 U.S.C. App. 1622b). 12. Activities carried out in connection with the Aviation Education Program of the Federal Aviation Administration under Sections 305, 311, and 313(a) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1346, 1352, and 1354(a)). 13. Use of grantS and loans made in Connection with Urban Mass Transportation Capital Facilities Grant, and Loan Program— Urban MaSS Transportation Act of 1964, as amended (49 U.S.C. 1602). 14. Use of grants made in Connection with Urban Mass Transportation Research and Demonstration Grant Program—Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1605). 15. Use of grants made in connection with Urban Mass Transportation Technical Studies Grant Program—Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1607a). 16. Use of grants made in Connection with Urban Mass Transportation Managerial Training Grant Program—Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1607b). 17. Use of grants made in connection with Urban Mass Transportation Grants for ReSearch and Training Programs in Institutions of Higher Learning—Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1607c). 18. USe of grantS made in Connection with the High Speed Ground Transportation Act, as amended (49 U.S.C. 631–642).

APPENDIX B TO PART 21—ACTIVITIES TO WHICH THIS PART APPLIES WHEN A PRIMARY OBJECTIVE OF THE FEDERAL FINANCIAL ASSISTANCE IS TO PROVIDE EMPLOYMENT

1. Appalachia Regional Development Act of 1965 (40 U.S.C. App. 1 et Seq.).

APPENDIX C TO PART 21—APPLICATION OF PART 21 TO CERTAIN FEDERAL FINANCIAL ASSISTANCE OF THE DEPARTMENT OF TRANSPORTATION

NONDISCRIMINATION ON FEDERALLY ASSISTED PROJECTS

(a) Eramples. The following examples, without being exhaustive, illustrate the application of the nondiscrimination provisions of this part on projects receiving Federal finanCial assistance under the programs of Certain Department of TranSportation Operating administrations: (1) Federal Aviation Administration. (i) The airport Sponsor or any of his lessees, ConcesSionaires, or contractors may not differentiate between members of the public because of race, Color, or national origin in furnishing, or admitting to, waiting rooms, pasSenger holding areas, aircraft tiedown area.S, restaurant facilities, restrooms, or facilities operated under the compatible land use conCept. (ii) The airport Sponsor and any of his lesSeeS, COnceSSionaireS, Or COntractOrS must offer to all members of the public the Same degree and type of Service without regard to race, Color, or national Origin. This rule applies to fixed base Operators, restaurants, Snack bars, gift shops, ticket counters, baggage handlers, Car rental agencies, limOusines and taxis franchised by the airport Sponsor, insurance underwriters, and other businesses Catering to the public at the airport. (iii) An aircraft Operator may not be required to park his aircraft at a location that is less protected, or less accessible from the terminal facilities, than locations offered to Others, because of his race, color, or national Origin. (iv) The pilot of an aircraft may not be required to help more extensively in fueling Operations, and may not be offered less incidental Service (such as windshield wiping), than other pilots, because of his race, color, Or national Origin. (V) NO pilot or crewmember eligible for acCeSS to a pilot's lounge or to unofficial communication facilities such as a UNICOM frequency may be restricted in that access beCause of his race, color, or national origin. (V1) ACCeSS to facilities maintained at the airport by air carriers or commercial operators for holders of first-class transportation tickets or frequent users of the carrier’s or

operator’s Services may not be restricted on the basis of race, Color, or national origin. (vii) Passengers and crewmembers seeking ground transportation from the airport may not be assigned to different vehicles, or delayed or embarrassed in assignment to vehicles, by the airport sponsor or his lessees, Concessionaires, or contractors, because of race, Color, or national origin. (viii) Where there are two or more sites having equal potential to serve the aeronautical needs of the area, the airport sponSor shall Select the site least likely to adversely affect existing communities. Such Site Selection shall not be made on the basis of race, color, or national origin. (ix) Employment at obligated airports, including employment by tenants and concesSionaires Shall be available to all regardless of race, Creed, Color, Sex, or national origin. The Sponsor Shall coordinate his airport plan with his local transit authority and the Urban Mass Transportation Administration to a SSure public transportation, convenient to the disadvantaged areas of nearby communities to enhance employment opportunities for the disadvantaged and minority population. (x) The Sponsor shall assure that the minority business community in his area is advised of the opportunities offered by airport ConceSSions, and that bids are Solicited from Such qualified minority firms, and awards made without regard to race, color, or national origin. (2) Federal Highway Administration. (i) The State, acting through its highway department, may not discriminate in its Selection and retention of Contractors, including withOut limitation, those whose Services are retained for, or incidental to, construction, planning, research, highway Safety, engineering, property management, and fee Contracts and other commitments with person for Services and expenses incidental to the acquisition of right-of-way. (ii) The State may not discriminate against eligible persons in making relocation payments and in providing relocation adviSOry assistance where relocation is necesSitated by highway right-of-way acquisitionS. (iii) Federal-aid Contractors may not disCriminate in their Selection and retention of first-tier Subcontractors, and first-tier Subcontractors may not discriminate in their Selection and retention of Second-tier Subcontractors, who participate in Federal-aid highway construction, acquisition of rightof-way and related projects, including those who supply materials and lease equipment. (iv) The State may not discriminate against the traveling public and busineSS users of the federally assisted highway in their access to and use of the facilities and services provided for public accommodations (Such as eating, Sleeping, rest, recreation,

and vehicle Servicing) constructed on, Over or under the right-of-way of such highways. (v) Neither the State, any other persons subject to this part, nor its contractors and Subcontractors may discriminate in their employment practices in connection with highway construction projectS or other projects assisted by the Federal Highway Administration. (vi) The State shall not locate or design a highway in Such a manner as to require, on the basis of race, color, or national Origin, the relocation of any perSonS. (vii) The State Shall not locate, design, or construct a highway in Such a manner as to deny reasonable access to, and use thereof, to any persons on the basis of race, color, or national Origin. (3) Urban Mass Transportation Administration. (i) Any person who is, or seeks to be, a patron of any public vehicle which is Operated as a part of, or in conjunction with, a project, Shall be given the Same access, Seating, and other treatment with regard to the use of Such vehicle as other persons without regard to their race, color, or national origin. (ii) No person who is, or Seeks to be, an employee of the project Sponsor or lessees, Concessionaires, contractors, licensees, Or any organization furnishing public transportation Service as a part of, or in Conjunction with, the project Shall be treated less favorably than any other employee or applicant with regard to hiring, dismissal, advancement, wages, Or any other Conditions and benefits of employment, on the basis of race, Color, or national Origin. (iii) No person or group of persons shall be discriminated against with regard to the routing, Scheduling, or quality of Service of transportation Service furnished as a part of the project on the basis of race, color, or national origin. Frequency of Service, age and quality of vehicles assigned to routes, quality of Stations Serving different routes, and location of routes may not be determined on the basis of race, Color, or national origin. (iv) The location of projects requiring land acquisition and the displacement of persons from their residences and businesses may not be determined on the basis of race, color, or national Origin. (b) Obligations of the airport operator— (1) Tenants, contractors, and concessionaires. Each airport operator Shall require each tenant, contractor, and concessionaire who provides any activity, service, or facility at the airport under lease, contract with, or franchise from the airport, to COvenant in a form Specified by the Administrator, Federal Aviation Administration, that he will comply with the nondiscrimination requirements of this part. (2) Notification of beneficiaries. The airport operator shall: (i) Make a copy of this part available at his office for inspection during

normal working hours by any perSon asking for it, and (ii) conspicuously display a sign, or Signs, furnished by the FAA, in the main public area. Or areas of the airport, Stating that discrimination based on race, color, or national Origin is prohibited on the airport.

(3) Reports. Each airport owner Subject to this part Shall, within 15 days after he receives it, forward to the Area. Manager of the FAA Area in which the airport is located a copy of each written complaint charging disCrimination because of race, color, or national Origin by any perSon Subject to this part, together with a statement describing all actions taken to resolve the matter, and the results thereof. Each airport operator shall submit to the area manager of the FAA area in which the airport is located a report for the preceding year on the date and in a form prescribed by the Federal Aviation Administrator.

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TranSportation and Uniform Relocation ASsistance Act of 1987 (49 U.S.C. App. 1601 note); sec. 505(d) and sec. 5.11(a)(17) of the Airport and Airway Improvement Act, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100–223); Title 23 of the U.S. Code (relating to highways and traffic Safety, particularly sec. 324 thereof); Title VI of the Civil Rights Act (42 U.S.C. 2000d et seq.); Executive Order 12265; Executive Order 12138.

SOURCE: 45 FR 21184, Mar. 31, 1980, unless otherwise noted.

Subport A-Generol

$23.1 Purpose.

(a) The purpose of this part is to carry out the Department of Transportation’s policy of Supporting the fullest possible participation of firms owned and controlled by minorities and women, (MBEs) in Department of Transportation programs. This includes assisting MBEs throughout the life of contracts in which they participate.

(b) This part inplements in part Section 905 of the Railroad Revitalization and Regulatory Reform Act of 1978 (45 U.S.C. 803); section 30 of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1730); Section 19 of the Urban Mass Transportation Act of 1964, as amended (Pub. L. 95–599); title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.); and title 23 of the U.S. Code (relating to highways and highway Safety). This regulation supersedes all DOT regulations issued previously under these authorities, insofar as Such regulations affect minority business enterprise matters in DOT financial assistance programs.

$23.2 Applicability.

This part applies to any DOT program through which funds are made available to members of the public for accomplishing DOT's purposes. Contracts and Subcontracts which are to be performed entirely outside the United States, its possessions, Puerto Rico, and the North Mariana Islands, are exempted from this part.

$23.5 Definitions.

Affirmative action means taking Specific steps to eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority business enterprises fully in contracts and programs funded by the Department. Applicant means one who submits an application, request, or plan to be approved by a Departmental official or by a primary recipient as a condition to eligibility for DOT financial assistance; and application means Such an application, request, or plan. Compliance means the condition existing when a recipient Or Contractor has met and implemented the requirements of this part. Contract means a mutually binding legal relationship or any modification thereof obligating the seller to furnish Supplies or services, including construction, and the buyer to pay for them. For purposes of this part, a lease is a COntract. Contractor means one who participates, through a contract or subcontract, in any program covered by this part, and includes lessees. Department Or DOT means the Department of Transportation, including its Operating elements. DOT-assisted contract means any contract or modification of a contract between a recipient and a Contractor which is paid for in whole or in part with DOT financial assistance or any Contract or modification of a contract between a recipient and a lessee. DOT financial assistance means financial aid provided by the Department or the United States Railroad Association to a recipient, but does not include a direct contract. The financial aid may be provided directly in the form of actual money, or indirectly in the form of guarantees authorized by statute as financial assistance Services of Federal personnel, title or other interest in real or personal property transferred for less than fair market value, or any other arrangement through which the recipient benefits financially, including licenses for the construction or operation of a Deep Water Port. Departmental element means the following parts of DOT: (a) The Office of the Secretary (OST);

(b) The Federal Aviation Administration (FAA); (c) The United States Coast Guard (USCG); (d) The Federal Highway Administration (FHWA); (e) The Federal Railroad Administration (FRA); (f) The National Highway Traffic Safety Administration (NHTSA); (g) The Urban Mass Transportation Administration (UMTA); (h) The St. Lawrence Seaway Development Corporation (SLSDC); and (i) The Research and Special Programs Administration (RSPA). Joint venture means an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, Capital, efforts, skills, and knowledge. LeSSee means a business Or person that leases, or is negotiating to lease, property from a recipient or the Department on the recipient’s or Department’s facility for the purpose of Operating a transportation-related activity or for the provision of goods Or Services to the facility or to the public on the facility. Minority means a person who is a citizen or lawful permanent resident of the United States and who is: (a) Black (a person having Origins in any of the black racial groups of AfriCa); (b) Hispanic (a perSon of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); (c) Portuguese (a person of Portuguese, Brazilian, or other Portuguese Culture or Origin, regardless of race); (d) Asian American (a person having origins in any of the original peoples of the Far East. Southeast Asia, the Indian Subcontinent, Or the Pacific ISlands); or (e) Arnerican Indian and Alaskan Native (a. person having origins in any of the original peoples of North America.) (f) Members of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

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