Page images

(2) Projects designed for general sanita (3) The ability of State agencies to tion, clean-up maintenance and/or improve operate at the funding level provided ments.

in any given Federal fiscal year. $ 32.8 Program reporting requirements.

(4) The quality of each proposed

project in terms of meeting program Grantees shall submit the following

objectives as reflected in each applicareports to the Secretaries quarterly

tion. After the initial grant year, within 15 days after the end of Decem

actual performance of the Grantee in ber, March, June, and September. In

administering the YACC program in addition, a final report is required

prior years will be considered. within 60 days from the end of each

(5) The cost to the Federal Governgrant period. Forms for completing

ment of the State program in relation the reports will be supplied to the

to the quality and quantity of projects grantee at time of grant award. The

proposed. required reports are:

(6) The following imposed limita(a) Quarterly Financial and Program

tions: (i) National average cost per enProgress Reports: (1) Financial

rollee, (ii) Percent in residential proStatus. Grantees shall submit a quar

gram. terly accrual basis "Financial Status

(7) The capability and past performReport” and a final report.

ance by Grantees in meeting their re(2) Enrollee Characteristics and Pro.

sponsibilities as required by FMC 74-4 gram Progress. Based on the payroll

and OMB Circular A-102. data system, Administrative Service

(8) Project Location Approval. Each Center (ASC) provides a quarterly

project location will be approved by summary of enrollee characteristics

Forest Service and Interior through and program progress to Forest Serv

their Regional/Area Offices. ice, Departments of the Interior, and Labor within 15 days of the end of the

(b) The demonstrated capability of quarter. For States not using the ASC,

the Grantee to establish and implethe same data is required to be submit

ment an effective mechanism to assure ted to the ASC. All States shall submit

equal employment opportunity in the required final report.

staff hiring by the Grantee or any (b) “YACC Work Accomplishment”

subgrantees will be considered prior to (YACC Form 5): The purpose of this

award. If the Grantee's performance is form is to provide program data such

found to be so unsatisfactory or inadas enrollee man-years worked and

equate as to warrant denial, suspenquantity of work accomplished as ex

sion, modification or termination, then pressed in normal units of measure.

appropriate action will be taken in acInstructions regarding this report will

cordance with the regulations impleaccompany the form.

menting Title VI of the Civil Rights (c) The reporting requirements con

Act of 1964, 42 U.S.C. 2000d. tained herein have been approved by the Office of Management and Budget PART 33-ALLOCATION OF DUTYin accordance with the Federal Re FREE WATCHES FROM THE VIRGIN ports Act of 1942.

ISLANDS, GUAM, AND AMERICAN $ 32.9 Consideration and criteria for

SAMOA awarding grants.

NOTE: Pub. L. 89-805 (19 U.S.C. 1202) au(a) The decision by the Secretaries' thorizes the Secretary of the Interior and designated officials for award of the Secretary of Commerce to issue joint YACC grants will consider the follow regulations governing the allocation of ing:

duty-free quotas for watches and watch (1) Amount of grant funds appropri- movements assembled in the Virgin Islands, ated and available.

Guam, and American Samoa. For the text

of these joint regulations, see 15 CFR 303, (2) The total youth population ages

published at 42 FR 62907, Dec. 14, 1977. 16 to 23, inclusive, in each State in relation to the total for all States.

[ocr errors]

PART 34_REQUIREMENTS FOR fects of past or present practices, poliEQUAL OPPORTUNITY DURING

cies, or other barriers to equal opporCONSTRUCTION AND OPERATION

tunity in employment, procurement, OF THE ALASKA NATURAL GAS

and the provision of services, financial

aid or other benefits, and includes TRANSPORTATION SYSTEM

goals for achieving equal opportunity

and a description of specific result-ori34.1 Statement of purpose.

ented procedures to which the recipi34.2 Applicability.

ent, contractor or subcontractor com34.3 Definitions.

mits itself to apply a good faith effort 34.4 Discrimination prohibited.

in order to achieve the goals. 34.5 Assurances.

(d) The term "applicant” means a 34.6 Equal opportunity clause. 34.7 Incorporation by operation of law.

person who has applied for and is 34.8 Affirmative action plans.

seeking Federal authorization under 34.9 Compliance reporting,

ANGTA to construct and operate the 34.10 Compliance reviews.

ANGTS, but has not received or been 34.11 Enforcement sanctions.

denied the authorization sought. AUTHORITY: Sec 17, Pub. L. 94-586, 15

(e) The term “contract” means any U.S.C. 719 (1976).

agreement or arrangement (in which SOURCE: 45 FR 31104, May 12, 1980, unless

the parties do not stand in the relaotherwise noted.

tionship of employer and employee) 34.1 Statement of purpose.

between a recipient or an applicant

and any person for the furnishing of The purpose of these regulations is

supplies or services to a recipient or to implement both section 17 of the ANGTA and Condition 11 of the Presi

applicant, or for the use of real or per

sonal property including lease ardent's Decision.

rangements by a recipient or appli34.2 Applicability.

cant. The term contract also includes

any agreement or arrangement, These regulations apply to all activi

whether oral or written, express or imties including, but not limited to, con

plied, between two persons and which tracting for goods and services, em

is related in any way to the activities ployment, and any other benefits that

conducted under any certificate, flow from activities conducted under permits, rights-of-way, public land

permit, right-of-way, lease or other orders, and other Federal authoriza

Federal authorization granted or

issued pursuant to ANGTA, or in any tions granted or issued pursuant to ANGTA, by recipients of those au

way connected with ANGTS. thorizations, their agents, contractors,

(f) The term “contractor” means a and subcontractors, including labor

person who is a party to a contract unions or other persons.

with a recipient or an applicant.

(g) The term “discrimination" means 34.3 Definitions.

an action or a failure to act which has (a) As used in this part, the term,

the effect or would tend to have the “ANGTA” means the Alaska Natural

effect of excluding a person from parGas Transportation Act of 1976, Pub.

ticipation, denying a person benefits, L. 94-586, 15 U.S.C. 719.

subjecting a person to unequal treat(b) “ANGTS” means the Alaska Nat- ment, or harassing a person because of ural Gas Transportation System as

tem as and on the basis of race, creed, color, designated and described in the Presi- national origin or sex. dent's Decision and Report to Con- (h) The term “Federal Inspector” gress on the Alaska Natural Gas means the official appointed by the Transportation System. September President pursuant to section 7(a)(5) 1977, pursuant to section 7(a) of of ANGTA to coordinate governmenANGTA, S.J. Res. 82, 91 Stat. 1268 tal actions with respect to ANGTS, in(1977).

cluding the monitoring and enforce(c) The term “affirmative action ment of the terms and conditions atplan” means a statement of those ac- tached to government authorizations tions appropriate to overcome the ef- issued under ANGTA. The term also

includes authorized representatives of the Federal Inspector.

(i) The term "female business enterprise" (FBE) means a sole proprietorship, partnership, unincorporated association, joint venture or corporation that is owned and controlled by women. To qualify as an enterprise owned and controlled by women, 51% of the beneficial ownership interests and 51% of the voting interests must be held and actually voted by women. Further, the enterprise must in fact be controlled and managed by women.

(j) The terms “minority” and “minority groups” include:

(1) Black, all persons having origins in any of the Black African racial groups not of Hispanic origin;

(2) Hispanic, all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race;

(3) Asian and Pacific Islander, all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands including persons having origin, for example, in China, India, Japan, Korea, the Philippine Islands, Samoa; and

(4) American Indian or Alaskan Native, all persons having origins in any of the original people of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.

(k) The term “minority business enterprise" (MBE) means a sole proprietorship, partnership, unincorporated association, joint venture or corporation that is owned and controlled by minorities. To qualify as an enterprise owned and controlled by minorities, 51% of the beneficial ownership interest and 51% of the voting interests must be held and actually voted by minority people. Further, the enterprise must in fact be controlled and managed by minority people,

(1) The term “person" includes recipients, contractors, subcontractors, governmental agencies, corporations, associations, firms, partnerships, joint stock companies, labor unions, em ployment agencies, and individuals.

(m) The term “President's Decisionmeans the President's Decison and

Report to Congress on the Alaska Natural Gas Transportation System, September 1977, pursuant to section 7(a) of ANGTA, approved and adopted S.J. Res. 82, 91 Stat. 1268 (1977).

(n) The term “procurement” means the acquisition (and directly related matters) of personal property and nonpersonal services (including construction) by such means as purchasing, renting, leasing, (including real property) contracting, or bartering, but not by condemnation or donation.

(0) The term "procurement practice" means any course of conduct or activity taken to effect procurement.

(p) The term “recipient” means any corporation association, joint stock company, partnership, firm, agency or individual who receives a certificate, permit, right-of-way, lease, or other Federal authorization granted or issued under ANGTA to construct and operate the ANGTS, whether directly or through another recipient including any successor, assignee or transferee thereof.

(q) The term "subcontract” means any agreement or arrangement between a contractor and any person, regardless of tier, (in which the parties do not stand in the relationship of employer and employee) in any way related to the performance of any one or more contracts as defined above.

(r) The term "vendor" means a person who sells or provides goods or services for the construction and operation of ANGTS. A vendor may be a contractor or subcontractor.

$34.4 Discrimination prohibited.

(a) General. No person shall, on the grounds of race, creed, color, national origin, or sex, be discriminated against or excluded from receiving any benefit from or participating in any activity conducted under any certificates, permits, rights-of-way, leases, and other Federal authorizations to which this part applies.

(b) Specific actions in which discrimination is prohibited. No person shall directly or through contractural or other arrangements, discriminate in any activity to which this part applies, including the following:

[ocr errors]

(1)(i) Employment policies and prac- mination of any admission, enrolltices of employers, including advertis- ment, eligibility, membership requireing, hiring or firing, up-grading, pro- ments or other conditions which indimotion, or demotion, transfer, layoff, viduals must meet in order to be proor termination, rates of pay, and other vided any service, financial aid, or forms of compensation or benefits, or other benefit; other terms and conditions of employ (vi) Denial to an individual of an opment;

portunity to participate in any activity (ii) Employment policies and prac that is different from that afforded tices of labor unions, including, accept others; ance of applications for membership,

(vii) Denial to an individual of the enrolling or expelling members, classi

opportunity to participate as a fication of members, referrals for em

member of any planning or advisory ployment, training and apprenticeship

body that participates in the provision programs, and the provision of other

of any service, financial aid, or other benefits of membership;

benefit; (iii) Employment policies and prac

(viii) Use of criteria or methods of tices of employment agencies includ

administration which have the effect ing acceptance of applications for em

of subjecting individuals or establishployment services, referrals for em

ments to discrimination in the deterployment, classification of individuals

mination of the types of services, fifor employment, and the provision of

nancial aid, or other benefits, or the other benefits and services.

facilities that will be provided; or the (2) Procurement practices, including

class of individuals or establishments manner of procurement, qualification

to which, or the situation in which, for contracting or placement on pro

such services, financial aids, other curement source lists, the composition

benefits, or facilities will be provided; of sources solicited, the use of pre-bid

or the class of individuals or establishconferences, solicitation for proposals

ments to be provided an opportunity or bids, the designation of quantities,

to participate in any activity; and delivery schedules or other specifica

(ix) Selection of a site or location for tions, selection procedures, or per

facilities for the provision of services, formance standards.

financial aid, or other benefits, with (3) The provision of services, finan

the purpose or effect of substantially cial aid and other benefits provided in

impairing the objectives of section 17, whole or in part, under any Federal authorization to which this part ap

the President's Decision, and impleplies, more specifically including ac

menting rules, regulations, and orders. tions that result in the:

(c) Scope of prohibited discrimina(i) Denial to an individual or estab

tion. (1) The enumeration of specific lishment of any service, financial aid,

forms of prohibited discrimination in or other benefits;

paragraph (b) of this section does not (ii) Provision of any service, finan

limit the general prohibition in paracial aid, or other benefit to an individ

graph (b) of this section. ual, or establishment which is differ

(2) Action taken in compliance with ent, or is provided in a different

an affirmative action plan developed manner, from that provided to others;

pursuant to these regulations shall not (iii) Subjection of an individual to

be deemed a violation of this section. segregation or separate treatment in

8 34.5 any matter related to the receipt of

Assurances. any service, financial aid, or other Every application for a certificate, benefits;

permit, right-of-way, lease, public land (iv) Restriction of an individual in order, or other Federal authorization any way in the enjoyment of any ad to which this part applies, filed after vantage or privilege enjoyed by others the effective date of these regulations, receiving any service, financial aid, or and every contract covered hereunder other benefit;

to provide goods, services, or facilities (v) Treatment of an individual that in the amount of $10,000 or more to a is different from others in the deter- recipient, contractor, or subcontractor

to which this part applies, must con- (b) The recipient, contractor, or subtain an assurance that the recipient, contractor will comply with all rules, contractor, or subcontractor does not regulations, and orders which impleand will not maintain any segregated ment section 17 and Condition 11 of facilities, and that all requirements the President's Decision; imposed by or pursuant to section 17, (c) The recipient, contractor, or subCondition 11 of the President's Deci. contractor will furnish all information sion and implementing rules, regula and reports required by or pursuant to tions, and orders shall be met, and rules, regulations, and orders implethat it will require a similar assurance menting section 17 and Condition 11 in every subcontract of $10,000 or of the President's Decision, and will more.

permit access to its facilities, books, re

cords, and accounts by the Federal In$ 34.6 Equal opportunity clause.

spector for purposes of ascertaining Each certificate. permit. right-of- compliance with such rules, regulaway, lease, or other Federal authoriza tions, and orders; tion to which this part applies, shall (d) In the event of a recipient's, coninclude the following Equal Opportu tractor's, or subcontractor's noncomnity Clause:

pliance with these equal opportunity (a) The recipient, contractor, or sub terms, compliance may be effected contractor hereby agrees that it will through procedures authorized by not discriminate directly or indirectly

ANGTA and set forth in implementing against any individual or establish rules, regulations, and orders, or by ment in offering or providing procure any other means authorized by law; ments, employment, services, financial (e) The recipient, contractor, or subaid, other benefits, or other activities contractor will include the provisions to which these regulations apply. The of paragraphs (a) to (e) of this section recipient, contractor, or subcontractor in all agreements to assign authorizawill take affirmative action to utilize tions, all contracts over $10,000, and business enterprises owned and con- all contracts of indefinite quantity, trolled by minorities and/or women in unless there is reason to believe that its procurement practices; to assure the amount to be ordered in any year that applicants for employment are under the contract will not exceed employed, and that employees are $10,000. The recipient, contractor, or treated during employment, without subcontractor will take such action discrimination on the basis of race, with respect to any contract or purcreed, color, national origin, or sex; chase order that the Federal Inspector and to assure that individuals and es- may direct as a means of enforcing tablishments are offered and provided such provisions, including sanctions services, financial aid, and other bene for noncompliance: Provided, however, fits without discrimination on the That in the event the recipient, conbasis of race, creed, color, national tractor, or subcontractor becomes inorigin, or sex. The recipient, contrac

volved in or is threatened with litigator, or subcontractor agrees to post in

tion with a subcontractor or vendor, conspicuous places available to con

the contractor may request the United tractors, subcontractors, employees,

States to enter into such litigation to and other interested individuals, no- protect the interests of the United tices which set forth these equal op

States. portunity terms; and to notify inter (f) Any project labor agreement ested individuals, such as bidders, con- which may be entered into between tractors, purchasers, and labor unions the applicants and any union must be or representatives of workers with consistent with the provisions of these whom it has collective bargaining regulations and must contain an Equal agreements, of its obligations under Opportunity Clause. section 17, Condition 11 of the President's Decision, and the implementing

8 34.7 Incorporation by operation of law. rules, regulations, and orders thereun- (a) The Equal Opportunity Clause

shall be deemed incorporated into


« PreviousContinue »