Page images
PDF
EPUB

amendments shall be made within six months of the date of these Procedures.

b. The Office of Federal Activities (OFA) is responsible for the oversight of the implementation of this Statement of Procedures and shall be given advanced opportunity to review amendments to regulations, procedures, and guidance. OFA shall coordinate efforts with the program offices to develop necessary manuals and more specialized supplementary guidance to carry out this Statement of Procedures.

PART 1-NONDISCRIMINATION IN

PROGRAMS RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

ations transmitted to OMB shall include, a floodplain/wetlands assessment and, for floodplain impacting actions, a Statement of Findings, if a proposed action will be located in a floodplain or wetlands.

b. Lead agency concept. To the maximum extent possible, the Agency shall relay on the lead agency concept to carry out the provisions set forth in section 6.a of this appendix. Therefore, when EPA and another Federal agency have related actions, EPA shall work with the other agency to identify which agency shall take the lead in satisfying these procedural requirements and thereby avoid duplication of efforts.

c. Additional floodplain management provisions relating to Federal property and facilities.

(1) Construction Activities-EPA controlled structures and facilities must be constructed in accordance with existing criteria and standards set forth under the NFIP and must include mitigation of adverse impacts wherever feasible. Deviation from these requirements may occur only to the extent NFIP standards are demonstrated as inappropriate for a given structure or facility.

(2) Flood Protection Measures-If newly constructed structures or facilities are to be located in a floodplain, accepted floodproofing and other flood protection measures shall be undertaken. To achieve flood protection, EPA shall, wherever practicable, elevate structures above the base flood level rather than filling land.

(3) Restoration and Preservation-As part of any EPA plan or action, the potential for restoring and preserving floodplains and wetlands so that their natural and beneficial values can be realized must be considered and incorporated into the plan or action wherever feasible.

(4) Property Used by Public-If property used by the public has suffered damage or is located in an identified flood hazard area, EPA shall provide on structures, and other places where appropriate, conspicuous indi. cators of past and probable flood height to enhance public knowledge of flood hazards.

(5) Transfer of EPA Property-When property in flood plains is proposed for lease, easement, right-of-way, or disposal to nonFederal public or private parties, EPA shall reference in the conveyance those uses that are restricted under Federal, State and local floodplain regulations and attach other restrictions to uses of the property as may be deemed appropriate. Notwithstanding, EPA shall consider withholding such properties from conveyance.

Section 7 Implementation. a. Pursuant to section 2, the EPA program offices shall amend existing regulations, procedures, and guidance, as appropriate, to incorporate the policies and procedures set forth in this Statement of Procedures. Such

Sec. 7.1 Purpose. 7.2 Definitions. 7.3 Applicability. 7.4 Discrimination prohibited. 7.5 Affirmative action. 7.6 Assurances required. 7.7 Compliance information. 7.8 Investigations. 7.9 Procedure for obtaining compliance. 7.10 Hearings. 7.11 Decisions and notices. 7.12 Judicial review. 7.13 Effect on other regulations, forms,

and instructions. AUTHORITY: Sec. 602 of the Civil Rights Act of 1964, 42 U.S.C. 2000d-1.

SOURCE: 38 FR 17968, July 5, 1973, unless otherwise noted.

Jonefi.

87.1 Purpose.

The purpose of this part is to effectuate title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Act) 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 subjected to discrimination under any program or activity receiving financial assistance from the Environmental Protection Agency (EPA).

8 7.2 Definitions.

Unless the context requires otherwise, as used in this part the term:

(a) “Administrator" means the Administrator of the Environmental Protection Agency or, except in $ 7.11(e), any other Agency official who by dele. gation may exercise the Administrator's authority.

(b) "Agency" means the Environmental Protection Agency and includes each and all of its organizational components.

(c) “Applicant" means one who submits an application, subagreement, request, plan, or any other document required to be approved by the Administrator, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and “application” means such an application, subagreement, request, plan, or any other such document.

(d) “Facility” includes all or any part of structures, equipment, or other real or personal property or interests therein, and the term "provision of facilities" includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(e) "Federal financial assistance" includes:

(1) Grants, loans, and advances of Federal funds;

(2) The grant or donation of Federal property and interests in property;

(3) The detail of Federal personnel;

(4) The sale or lease of, or the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration, or for less than adequate consideration for the purpose of assisting the recipient, or in recogni. tion of the public interest to be served by such a sale or lease to the recipient; and

(5) Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(f) “Primary recipient” means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program for which it receives Federal financial assistance.

(g) "Program" includes any program, project, or activity for the provision of services, financial assistance, or other benefits to individuals (including education or training, health, welfare, housing, rehabilitation, or other services, whether provided through em

ployees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities or other assistance to individuals), or for the provisions of facilities for furnishing services, financial assistance, or other benefits to individuals. The services, financial assistance, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include (1) any services, financial assistance, or other benefits provided with the aid of Federal financial assistance or with the aid of any nonfederal 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 (2) any services, financial assistance, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources.

(h) “Recipient" means any State, or any political subdivision or instrumentality thereof, any public or private agency, institution, organization, or other entity, or any individual, in any State to which or whom Federal financial assistance is extended, directly or through another recipient, for any program, or who otherwise participates in carrying out such program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.

(i) State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, or any territory or possession of the United States.

$7.3 Applicability.

(a) This part applies to any program for which Federal financial assistance is authorized under a statute administered by the Agency, including all EPA grant programs and activities and assistance under the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. 4621 et seq. and the Disaster Relief Act of 1970, 42 U.S.C. 4401 et seq. It applies to any such program or activity to which money was paid, property transferred, or other Federal financial assistance extended after the effective date of this part including assistance extended pursuant to an application approved prior to the effective date. This part does not apply to: (1) Any program funded only by Federal financial assistance by way of insurance or guaranty, (2) any such program to which money was paid, property transferred, or other assistance extended only before the effective date of this part except where such assistance was subject to the title VI regulations of an agency whose responsibilities are now exercised by this Agency, (3) any assistance to any individual who is the ultimate beneficiary under any such program, or (4) any employment practice under any such program of any employer, employment agency, or labor organization, except as provided in $ 7.4(c). (38 FR 17968, July 5, 1973, as amended at 41 FR 20655, May 20, 1976) 87.4 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 subjected to discrimination under any program or activity to which this part applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program or activity to which this part applies may not, directly or indirectly, on the ground of race, color, or national origin:

(i) Deny a person any service, financial assistance, or other benefit provided under the program;

(ii) Provide to a person any service, financial assistance, or other benefit which is different, or is provided in a different manner, from that provided to others under the program;

(iii) Subject a person to segregation or separate treatment in any matter related to his receipt of any service, financial assistance, or other benefit under the program;

(iv) Restrict a person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving

any service, financial assistance, or other benefit under the program;

(v) Treat a person differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which persons must meet in order to be provided any service, financial assistance, or other benefit provided under the program;

(vi) Deny a person an opportunity to participate in the program through the provision of services (or otherwise) or afford him an opportunity to participate in a manner different from that afforded others; or

(vii) Deny a person the opportunity to participate as a member of any planning or advisory body which is an integral part of the program.

(2) A recipient in determining the types of services, financial assistance, or other benefits or facilities which will be provided under any such program or the class of persons to whom, or the situations in which such seryices, financial assistance, other benefits, or facilities will be provided under any such program, or the class of persons to be afforded an opportunity to participate in any such program may not, directly or indirectly, utilize criteria or methods of administration which have or may have the effect of subjecting a person to discrimination because of race, color, or national origin, or which have or may have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, color, or national origin.

(3) In any program receiving financial assistance in the form, or for acquisition, of real property or an interest in real property, to the extent that rights to space on, over, or under any such property are included as part of the program receiving that assistance, the nondiscrimination requirement of this part shall extend to any facility located wholly or in part in that space during the period of time stated in $ 7.6(a)(2).

(4) The enumeration of specific forms of prohibited discrimination in this paragraph does not limit the gen

erality of the prohibition in paragraph rule applies, on the ground of race, (a) of this section.

color, or national origin. (c) Employment practices. (1) Where (e) Construction projects. An EPA a primary objective of a program re grantee of funds for the location, ceiving Federal financial assistance to design, or construction of a demonwhich this part applies is to provide stration facility or sewage treatment employment, a recipient or other plant may not deny access to, or use person or entity subject to this part of, the facility being constructed or shall not discriminate, directly or indi. the system of which it is a part of, to rectly, on the ground of race, color, or any person on the basis of race, color, national origin in its employment or national origin. practices under such program. Em

(38 FR 17968, July 5, 1973, as amended at 41 ployment practices include recruit

FR 20655, May 20, 1976) ment, recruitment advertising, employment, layoff, termination, firing, 875 Affirmative a

$ 7.5 Affirmative action. upgrading, demotion, transfer, rates of pay, or other forms of compensation

(a) Each applicant or recipient must or benefits, selection for training or

take reasonable steps to remove or apprenticeship, use of facilities, and

overcome the consequences of prior treatment of employees. Each recipi

discrimination and to accomplish the ent shall take affirmative steps to

purposes of the Act where previous insure that applicants are employed

practice or usage has in purpose or and employees are treated during em

effect tended to exclude individuals ployment without regard to race,

from participation in, deny them the color, or national origin. Where this

benefits of, or subject them to discrimpart applies to construction employ.

ination under any program or activity ment, the applicable requirements

to which this part applies, on the shall be those specified in or pursuant

ground of race, color, or national to Part III of Executive Order 11246, origin. as amended, or any Executive order

(b) Even in the absence of such prior which may supersede it.

discrimination, a recipient in adminis(2) In regard to Federal financial as tering a program may take affirmative sistance which does not have providing

action to overcome the effects of conemployment as a primary objective,

ditions which resulted in limiting parthe provisions of paragraph (c) of ticipation by, or denying benefits to, this section apply to the employment persons of a particular race, color, or practices of the recipient if discrimina- national origin. tion on the ground of race, color, or national origin in such employment

8 7.6 Assurances required. practices tends, on the ground of race, (a) General-(1) Form of assurance. color, or national origin, to exclude Every application for Federal financial persons from participation in, to deny assistance to a program to which this them the benefits of, or to subject part applies and every application for them to discrimination under the pro- Federal financial assistance to provide gram receiving Federal financial as- a facility shall, as a condition to its apsistance. In any such case, the provi proval and the extension of any Federsions of paragraph (c)(1) of this sec al financial assistance pursuant to the tion shall apply to the extent neces- application, contain or be accompasary to assure equality of opportunity nied by an assurance that the program to and nondiscriminatory treatment of will be conducted or the facility operbeneficiaries.

ated in compliance with all require(d) Site selection. A recipient may ments imposed by or pursuant to this not make a selection of a site or loca- part, and that the applicant shall take tion of a facility if the purpose of that affirmative steps to insure equal opselection, or its effect when made, is to portunity and shall periodically evaluexclude individuals from participation ate its performance. Like assurances in, to deny them the benefits of, or to will be required of subgrantees, consubject them to discrimination under tractors and subcontractors, transferany program or activity to which this ees, successors in interest, and other participants in the program. Any such ment, the covenant may also include a assurance shall include provisions condition coupled with a right to be which express consent to judicial en reserved by the Agency to revert title forcement by the United States.

to the property in the event of a (2) Duration of assurance. In cases breach of the covenant. Such a condiwhere the Federal financial assistance tion and right of reverter may be inis to provide or is in the form of either cluded in covenants for any grants or personal property or real property or other assistance that the Administraany interest therein or structure tor in his discretion deems appropriate thereon, the assurance shall obligate for such treatment. In such event if a the recipient or in the case of a subse- transferee of real property proposes to quent transfer, the transferee, for the mortgage or otherwise encumber the period during which the property is real property as security for financing used for any purpose for which the construction of new, or improvement Federal financial assistance is or was of existing, facilities on such property extended or for another purpose in for the purposes for which the propervolving the provision of similar serv- ty was transferred, the Administrator ices or benefits, or for as long as the may agree, upon request of the transrecipient retains ownership or posses feree and if necessary to accomplish sion of the property, whichever is such financing, and upon such condilonger. In all other cases the assur tions as he deems appropriate, to subance shall obligate the recipient for

ordinate such right of reversion to the the period during which Federal fi- lien of such mortgage or other encumnancial assistance is extended to the

brance. program.

(b) Continuing State programs. (3) Assistance for construction. In

Every application by a State or a State the case where the assistance is sought

agency to carry out a program involvfor the construction of a facility, or a

ing continuing Federal financial assistpart of a facility, the assurance shall

ance to which this part applies shall, in any event extend to the entire fa

as a condition to its approval and the cility and to facilities operated in con

extension of any Federal financial asnection therewith. In particular, if a

sistance pursuant to the application, facility to be constructed is part of a

(1) contain or be accompanied by a larger system, the assurance shall

statement that that program is (or, in extend to the larger system. (4) Assistance through transfer of

the case of a new program, will be)

conducted in compliance with all rereal property. Where Federal financial

quirements imposed by or under this assistance is provided in the form of a transfer from the Federal Govern

part, and (2) provide or be accompa

nied by provision for such methods of ment of real property, structures, any

administration for the program as are improvements thereon, or any interest therein, the instrument effecting or

found by the Administrator to give recording the transfer shall contain a

reasonable assurance that the applicovenant running with the land assur

cant and all recipients of Federal fiing nondiscrimination for the period

nancial assistance under such program for which the real property is used for

will comply with all requirements ima purpose for which the Federal finan

posed by or under this part. cial assistance is or was extended or

(c) Assurances from educational infor another purpose involving the pro

stitutions. In the case of any applicavision of similar services or benefits.

tion for Federal financial assistance to Where no transfer of property or an

an institution of higher education, the interest therein from the Federal Gov

assurance required by this section ernment is involved, but property is

shall extend to admission practices acquired or improved under a program

and to all other practices relating to of Federal financial assistance, the re the treatment of students. cipient shall agree to include such a covenant in any subsequent transfer

8 7.7 Compliance information. of such property. When the property (a) Cooperation and assistance. is obtained from the Federal Govern. Each responsible Agency official shall

« PreviousContinue »