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(b) No more than two percent of the PART 32-GRANTS TO STATES FOR total principal amount outstanding of

ESTABLISHING YOUNG ADULT fixed income obligations of a single

CONSERVATION CORPS (YACC) issuer may be held by the Fund at any

PROGRAM one time, Provided, however, That this restriction shall not apply to obligations of the United States or any of

Sec.

32.1 Introduction. its agencies.

32.2 Definitions. [42 FR 31789, June 23, 1977, as amended at 32.3 Program purpose and objectives. 43 FR 33721, Aug. 1, 1978)

32.4 Program operation requirements.

32.5 Administrative requirements. $ 29.12 Borrowing.

32.6 Request for grant. In the event the Fund is unable to

32.7 Application format, instructions, and

guidelines. satisfy a claim determined to be justi- 32.8 Program reporting requirements. fied, or is in need of money with which 32.9 Consideration and criteria for awardto initiate the operation of the Fund, ing grants. the Fund may borrow the money

AUTHORITY: Pub. L. 95-93, sec. 806, 91 needed from any commercial credit

Stat. 630 (29 U.S.C. 801).

st, source at the lowest available rate of

SOURCE: 43 FR 12266, Mar. 23, 1978, unless interest. If the amount to be borrowed

otherwise noted. is $500,000 or less, the Administrator may arrange to pledge the credit of $ 32.1 Introduction. the Fund pursuant to a resolution of

(a) The Young Adult Conservation the Board of Trustees. If the proposed

Corps (YACC) is authorized by Title I borrowing exceeds $500,000, the Ad

of the Youth Employment and Demministrator shall, prior to issuance of a

onstration Projects Act of 1977 (Pub.L. note or other security pledging the

95-93), which amends the Comprehencredt of the Fund, secure the approval

sive Employment and Training Act of the Secretary. No money may be

(CETA) of 1973 by adding a new Title borrowed from any of the Permittees

VIII. or their affiliates.

(b) The Young Adult Conservation

Corps (YACC) is a year-round employ$ 29.13 Termination.

ment program for young men and Upon termination of operations of women aged 16 through 23 inclusive. the pipeline, the full disposition of all Financial assistance is available claims, and the expiration of time for through grants-in-aid for employment the filing of claims against the Fund, and work to be performed on projects all assets remaining in the Fund shall affecting both Federal and non-Federbe placed in a temporary trust fund al public lands and waters or projects account within the State of Alaska. limited to non-Federal public lands The terms of the trust arrangement and waters. YACC grants do not reshall be determined by the Secretary. quire matching. During the next succeeding session of (c) The YACC grant program is Congress, the Secretary shall request jointly managed by the Secretaries of that Congress provide for final disposi the Interior and Agriculture under an tion of the Fund. If Congress at any interagency agreement with the Secretime establishes a comprehensive oil tary of Labor. pollution liability fund which super (d) Thirty percent of the sums apsedes or repeals the Fund, the Fund propriated to carry out the YACC proassets and any pending claims shall be

gram for any fiscal year will be availadisposed of as Congress or the Secre

ble for grants during such year. Grant tary shall direct.

funds will be allocated on the basis of EDITORIAL NOTE: For the Table of Public

the total youth population within Land Orders formerly appearing in this

each State. State YACC programs volume, see the Appendix to Chapter II, must consist of both residential and Title 43, Code of Federal Regulations, Parts nonresidential projects. At least 25 4000 to End.

percent of the State YACC program

must be residential by September 30, in existence for at least 2 years and is 1978.

under contract with the grantee or

sub-grantee for the conduct of a 8 32.2 Definitions.

YACC project affecting both Federal The terms used in these regulations and non-Federal public lands or are defined as follows:

waters, or projects limited to non-Fed(a) Act. The Comprehensive Employ eral public lands and waters. ment and Training Act of 1973, as (k) State grant program. The YACC amended.

program consisting of one or more pro(b) YACC. Young Adult Conserva

jects operated by a State with Federal tion Corps.

Funding. (c) Secretaries. The Secretaries of

(1) Project. A YACC residential camp the Interior and Agriculture or their

operation or nonresidential project: designated representatives. The YACC

(1) Residential camp. A YACC faciliprogram is managed within Interior by the Office of Youth Programs, and

ty established and maintained to pro

vide 7 days-per-week, 24 hours-per-day within Agriculture, by the Forest Service.

residential support services for enroll(d) State. Any of the several States

ees. of the United States, District of Co (2) Nonresidential project. A desiglumbia, Commonwealth of Puerto nated area from which daily work acRico. Virgin Islands, Guam, American tivities are assigned and to/from Samoa, and The Trust Territories of which nonresidential enrollees comthe Pacific Islands and the Northern mute daily. Marianas.

(m) In consultation with. Advance (e) Refugee/parolee. An alien who is discussion shall occur on the matter admitted into the United States under under consideration. the Immigration and Nationality Act, (n) Non-Federal public lands and and who is legally authorized to take waters. Any lands or waters within the permanent employment in the United territorial limits of a State owned States.

either in fee simple by a State or polit(f) Enrollee. An individual enrolled

ical subdivision thereof or over which in the YACC grant program.

a State or political subdivision thereof (g) Grant. Funding furnished by the

has, as determined by the Secretaries, Secretaries to a State pursuant to the

sufficient long-term jurisidiction SO Act in order to carry out the YACC

that improvements made as the result program.

of a grant will accrue primarily to the (h) Grantee. Any State recipient of a

benefit of the public as a whole. Fedgrant for the operation of a YACC

erally owned public lands and waters program affecting both Federal and

administered by a State or political non-Federal public lands and waters,

subdivision thereof under agreements or projects limited to non-Federal

with a Department or Agency of the public lands and waters as designated

Federal Government are eligible under by the Governor in each State.

such definition if the Secretaries de(i) Subgrantee. Any unit of general

termine that the State or political sublocal government or any public agency

division thereof is entitled or is likely or organization or any private nonprofit agency or organization which

to retain administrative responsibility has been in existence at least 2 years

for an extended period of time suffiwhich has successfully applied to a

cient to justify treatment as non-FedState for funds to operate a YACC

eral public lands or waters. project affecting both Federal and

(0) Total youth population. Number non-Federal public lands and waters

of youth in a State ages 16 through 23,

of youth in a within that State or projects limited consistent with the most current to non-Federal public lands and Bureau of Census estimate. waters.

(p) Labor. United States Department (j) Contractor. Any public agency or of Labor. organization, or any private non-profit (q) Interior. United States Departagency or organization which has been ment of the Interior.

(r) Forest Service. Agency within the of the Job Corps, under Title IV of the United States Department of Agricul. Act, except in emergency situations as ture.

outlined in paragraph (1)(4)(i) of this

section. 8 32.3 Program purpose and objectives.

(c) Enrollee eligibility. Membership It is the purpose of the Young Adult in the Corps will be limited to youths Conservation Corps to provide employ- between the ages of 16 to 23, inclusive ment and other benefits to youths of who are unemployed at the time of apboth sexes from all social, economic plication. Citizens, lawfully permanent and racial classifications who would residents of the United States, or lawnot otherwise be currently productive- fully admitted refugees, or parolees, ly employed. The youths will be em- may apply for enrollment. Applicants ployed for a period of service during also must be capable of carrying out which they engage in useful conserva- the work of the Corps for the estimattion work which would otherwise be ed duration of their enrollment. accomplished if adequate funding (d) Candidate recruitment and referwere made available.

ral. (1) Interested youth may apply to

their local Employment Service/Job $ 32.4 Program operation requirements. Service for enrollment. State Employ

(a) The State agencies cooperating ment Security Agencies (SESA) and with Interior and Forest Service their local Employment Service/Job having natural resource management Service (ES/JS) offices shall take apresponsibilities should be involved in plications for YACC from all interestthe planning and implementation of ed youth and shall refer all candidates the program.

who self-certify that they meet eligi(b) Grantees shall be responsible for bility requirements to Grantees for sethe management of each Corps camp lection of those to be enrolled. Selfand project, final selection of enroll- certification by applicants ages 16 ees, determination of enrollee work as- through 18 who have left school shall signments, training, discipline and ter- include an assurance that they did not mination, and camp operations in ac- leave school for the purpose of enrollcordance with this part and guidelines ing in the Corps. Such referrals shall issued by Interior and Forest Service. include all interested youth, including

(1) Grantees shall assure that YACC veterans, from both sexes, and all program activities will not result in social, economic and racial classificathe displacement of employed workers tions. Labor shall recruit candidates (including partial displacement such for YACC through the SESA and as reduction in the hours of non-over their local ES/JS offices, prime spontime work or wages or employment sors qualified under section 102 of the benefits), or impair existing contracts act, sponsors of Native-American profor services, or result in the substitu- grams qualified under section 302 of tion of YACC funds for other funds in the act, sponsors of migrant and seaconnection with work that would oth- sonal farmworkers programs under erwise be performed, or substitute jobs section 303 of the act, Interior and Agassisted under YACC for existing Fed- riculture and such other agencies and erally-assisted jobs, or result in the organizations as deemed appropriate hiring of any youth when any other by Labor. All candidates must be reperson is on layoff from the same or ferred through the local ES/JS ofany substantially equivalent job.

fices. (2) Grantees shall assure that the (2) An equitable proportion of candiactivities in which the YACC enrollees dates shall be referred from each are employed will result in an increase State, based on the State's total youth in employment opportunities over population. For YACC program purthose opportunities which would oth- poses, total youth population is the erwise be available.

number of youth, 16 through 23, as de(3) In addition, Grantees shall see termined on the basis of the best availthat YACC enrollees do not, at the able data. Youth of both sexes and of same time, share common facilities or all social, economic, and racial classifiproperty with, or work with members cations shall be referred equitably.

(e) Enrollee selection. Grantees for the normal periods between school shall-(1) Notify ES offices when terms. openings are available;

(g) Corpsmember activities. Grant(2) Select enrollees for the Corps ees shall assure that work project aconly from those candidates referred tivities on which YACC enrollees are by Labor and, in selection and assign- employed are consistent with the ment, shall provide, to the extent fea Forest and Rangeland Renewable Resible, for equitable participation for source Planning Act of 1974, as youth of both sexes and of all social, amended by the National Forest Maneconomic, and racial classifications, agement Act of 1976. Enrollees will be and for equitable participation of

assigned to work projects which are youth from each State;

designed to diminish the backlog of (3) Notify selected applicants of the work in such fields as: date, time and place to which they (1) Tree nursery operations, plantshould report for work, and that en ing, pruning, thinning and other silvirollees must provide their own trans

cultural measures; portation to and from the project or (2) Wildlife habitat improvement camp;

and preservation; (4) Require that enrollees complete

(3) Range management improvephysical examinations prior to official

ments; enrollment (expenses, if any, for the

(4) Recreation development, rehaphysical examination will be borne by

bilitation and maintenance; the prospective enrollee);

(5) Fish habitat and culture meas(5) Require parental consent for

ures; those youth who have not reached the

(6) Forest insect and disease prevenage of majority as defined by State

tion and control; law;

(7) Road and trail maintenance and (6) Require enrollees to provide

improvements; their own clothing, with the exception

(8) General sanitation, cleanup, and of certain safety equipment which will

maintenance and improvements; be furnished;

(9) Erosion control and flood (7) Notify the referring ES/JS office

damage; as soon as possible but no later than

(10) Drought damage measures; and 30 days after receipt of application,

(11) Other natural disaster damage which applicants have been selected

measures. and have reported for employment

(h) Project criteria. YACC projects and which have not been so selected.

will be operated on a residential and Preference in enrollee selection shall nonresidential basis. Each project lobe given to applicants in rural and cation will be jointly approved by Inteurban areas having substantial unem rior and Forest Service through their ployment rates equal to or in excess of Regional/Area Offices. To the maxi6.5 per centum as determined by the mum extent practicable, projects Department of Labor. Grantees shall shall: comply with section 808 of the act, (1) Be labor-intensive; concerning antidiscrimination.

(2) Be projects for which work plans (f) Enrollment duration. (1) Grant- exist or can be readily developed; ees shall assure that no individual is (3) Be able to be initiated promptly; enrolled in the Corps for a total period (4) Be productive with positive imof more than 12 months. Such period pacts on both the Enrollee as well as may be completed in up to three sepa the Corps from the standpoint of work rate enrollment periods so long as the performed and benefit to participating youth meets the eligibility require youth; ments at the time of each separate en (5) Provide work experience to parrollment. An individual who attains ticipants in skill areas required for the age 24 while enrolled may remain in projects; the program to complete the current (6) If a residential camp, to the period of enrollment.

maximum extent feasible, be located (2) No youth shall be enrolled if he in areas where existing residential or she desires such enrollment only facilities are available. The use of ex

isting but unoccupied or underutilized Fair Labor Standards Act of 1938, as Federal, State, and local government amended. As an exception, Grantees facilities and equipment shall be maxi- shall provide for an additional cost-ofmized; such utilization is subject to living adjustment for enrollees in the the approval of the Federal agency, State of Alaska, not to exceed 25 perState or local government having ad- cent of the Federal Wage Rate. ministrative control thereof;

(2) Wages in the Commonwealth of (7) If a non-residential project, be lo- Puerto Rico, the Virgin Islands, cated within acceptable normal com American Samoa, and the Northern muting distance from the geographic Marianas shall be consistent with procenter of areas of substantial unem visions of Federal, State, or local laws, ployment as designated by Labor;

otherwise applicable. Wages in the (8) Be similar to activities of persons

Trust Territory of the Pacific Islands employed in seasonal and part-time

shall be consistent with local law, work by Federal natural resource

except on Eniwetok and Kwajalein agencies.

Atoll where section 6(a)(1) of the Fair (i) Cooperation with agencies and in

Labor Standards Act applies. stitutions. (1) Grantees shall, to the

(3) As an incentive, Grantees may extent feasible, arrange for local link

authorize incremental increases, above ages with educational systems, CETA

the minimum wage, for a limited and other employment and training

number of enrollees, to reflect addiprograms, employment service offices,

tional responsibilities or competencies. local apprenticeship sponsors and in

For this purpose, two promotional catformation centers, and employers, in

egories may be established: (i) Enrollorder to arrange for the provision of

ee Leader, and (ii) Enrollee Assistant available services to enrollees, both

Leader. No more than 15 percent of during non-work hours while enrolled,

the enrollment of any individual camp and after termination from YACC.

or project shall be given such inGrantees shall establish procedures to

creases. For each enrollee thus comensure that enrollees are made aware

pensated, the wage increase shall be 50 of established linkages and related information and opportunities.

percent for the enrollee leader and 15

percent for the enrollee assistant (2) Grantees shall notify appropriate local ES/JS offices regarding enrollee

leader, of the applicable basic hourly status, in advance of the end of the en

minimum wage.

(4) Grantees shall reduce enrollee rollment period or upon termination and shall, to the extent feasible, assist

wages for each hour of unexcused abthe enrollee in making contact with

sence. ES/JS or other organizations to en

(5) Enrollees assigned to residential hance the possibilities for placement. camps may be required to assume re(3) Labor shall work with the De

sponsibility for housekeeping and partment of Health, Education, and maintenance duties. Such duties shall Welfare to make suitable arrange

not be considered compensable, unless ments whereby academic credit may

scheduled during the regular work be awarded by educational institutions day, in which case enrollees shall be and agencies for competencies derived paid at the same rate as for regular from work experience obtained work assignments. through the YACC program. Labor (6) Enrollees may not be required to shall also encourage Grantees, work more than 8 hours per day or 40 through Interior and Forest Service, hours per week, except that Grantees to make necessary arrangements with may authorize overtime which shall local education agencies so that aca not exceed 10 hours per week per endemic credit for such work experience rollee, in which event they shall pay may be granted.

them at his or her regular rate. (j) Enrollee wages and hours of (7) Enrollees assigned to residential work. (1) Grantees shall assure that camps shall be charged for daily food enrollees in the State Grant Program and lodging as follows: 75 cents per are paid at the Federal minimum wage meal furnished and 75 cents per day rate specified in section 6(a)(1) of the lodging. Grantees shall arrange for

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