Code of Federal Regulations: Containing a Codification of Documents of ...

which has as one of its purposes the provision of assistance.

(f) The term "program" includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or 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.

(g) The term "facility" includes all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(h) The term "recipient" means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or any other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly through another recipient, for any program, including any successor, assign, or transferee thereof, but such term does not include the ultimate beneficiary under such program.

(i) The term "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.

(j) The term "applicant" means one who submits an application, request, or

plan required to be approved by the head of a bureau or office, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term "application" means such an application, request, or plan.

APPENDIX A

Federal financial assistance subject to Part 17 includes, but is not limited to, that authorized by the following statutes:

I. Public Lands and Acquired Lands. (a) Grants and loans of Federal funds.

1. Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. secs. 181-287). 2. Mineral Leasing Act for Acquired Lands (30 U.S.C. secs. 351–359).

3. Alaska Grazing Act (44 Stat. 1452, 48 U.S.C. sec. 471, et seq.).

4. Proceeds of Certain Land Sales (R.S. sec. 3689, as amended, 31 U.S.C. sec. 711 (17)). 5. Taylor Grazing Act (48 Stat. 1269, as amended, 48 U.S.C. sec. 315 et seq.).

6. Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act (50 Stat. 874, 43 U.S.C. sec. 1181f).

7. Payment to States for Swamp Lands Erroneously Sold by U.S. (R.S. sec. 3689, as amended, 81 U.S.C. 711 (18)).

8. Alaska Statehood Act, sec. 6(f), (72 Stat. 341, 48 U.S.C. note preceding sec. 21).

(b) Sale, lease, grant, or other disposition of, or the permission to use, Federal property or any interest in such property at less than fair market value.

1. Materials Act (61 Stat. 681, as amended, 30 U.S.C.secs. 601-604).

2. Rights-of-way for Tramroads, Canals, Reservoirs (28 Stat. 635, as amended, 43 U.S.C. secs. 956, 957).

3. Highway Rights-of-way (R.S. sec. 2477, 43 U.S.C. sec. 932).

4. Small Tract Act (52 Stat. 609, as amended, 48 U.S.C. secs. 682a-682e).

5. Rights-of-way for Dams, Reservoirs, Water Plants, Canals, etc. (33 Stat. 628, 16 U.S.C. sec. 524).

6. Rights-of-way for Power and Communication Facilities (36 Stat. 1253, as amended, 43 U.S.C. sec. 961).

7. Rights-of-way for Electrical Plants, Poles, etc. (31 Stat. 790, as amended, 48 U.S.C. sec. 959).

8. Recreation and Public Purposes Act (44 Stat. 741, as amended, 43 U.S.C. secs. 869869-4).

9. Stock-Watering Reservoirs (29 Stat. 434, as amended, 43 U.S.C. secs. 952-955).

10. Alaska Housing Authority Act (63 Stat. 60, 48 U.S.C. sec. 484c).

11. Railroad Rights-of-way in Alaska (30 Stat. 409, 48 U.S.C. secs. 411-419).

12. Grants to States in Aid of Schools (44 Stat. 1026, as amended, 43 U.S.C. sec. 870). 13. Carey Act (28 Stat. 422, as amended, 43 U.S.C. sec. 641).

14. Airports and Aviation Fields (45 Stat. 728, as amended, 49 U.S.C. secs. 211-214).

15. Special Land Use Permits (R.S. sec. 453, as amended, 43 U.S.C. sec. 2).

16. Rights-of-way for Irrigation and Drainage (26 Stat. 1101, as amended, 43 U.S.C. sec. 946).

17. Rights-of-way for Pipelines to Transport Oil or Natural Gas (41 Stat. 449, as amended, 30 U.S.C. sec. 185).

18. Townsite Laws (R.S. 2380 et seq., as amended, 43 U.S.C. sec. 711 et seq.).

19. Leases of Lands near Springs (43 Stat. 1133, 43 U.S.C. sec. 971).

20. Rights-of-way for Railroads (18 Stat. 482, 43 U.S.C. sec. 934).

21. Grants of Easements (76 Stat. 1129, 40 U.S.C. secs. 319-319c).

II. Water and Power. loans of Federal funds.

(a) Grants and

1. Federal Reclamation Program (32 Stat. 388, 43 U.S.C. sec. 391, and Acts amendatory or supplementary thereto).

2. Reservation of Land for Park, Playground, or Community Center (38 Stat. 727, 43 U.S.C. sec. 569).

3. Distribution System Loan Program (69 Stat. 244, as amended, 43 U.S.C. sec. 421a421d).

4. Rehabilitation and Betterment Loan Program (63 Stat. 724, as amended, 43 U.S.C. sec. 504).

5. Small Reclamation Project Loan Program (70 Stat. 1044, 43 U.S.C. sec. 422a422k).

6. Assistance to School Districts on Reclamation Projects (62 Stat. 1108, 43 U.S.C. sec. 385a).

7. Payment from Colorado River Dam Fund, Boulder Canyon Project (54 Stat. 776, as amended, 43 U.S.C. 618(c)).

8. Payment on In Lieu of Taxes Lands Acquired Pursuant to Columbia Basin Project Act (57 Stat. 19, 16 U.S.C. sec. 835c-1).

9. Payment in Lieu of Taxes on Land to Trinity County, California (69 Stat. 729). 10. Saline Water Research Program (66 Stat. 328, as amended, 42 U.S.C. sec. 1951).

11. Water User Repayment Obligations on Reclamation Projects (43 Stat. 703, 43 U.S.C. sec. 501, 62 Stat. 273, 66 Stat. 754).

12. Water Resources Research Act (78 Stat. 329).

(b) Sale, lease, grant or other disposition of, or the permission to use Federal property or any interest in such property at less than fair market value.

1. Townsite Disposal on Reclamation Projects (34 Stat. 116, 43 U.S.C. sec, 566).

2. Transfer of Federal Property in Coulee Dam, Washington (71 Stat. 529, 16 U.S.C. sec. 835c note).

3. Transfer of Federal Property to Boulder City, Nevada (72 Stat. 1726, 43 U.S.C. sec. 617u note).

4. Reservation of Land for Park, Playground, or Community Center (38 Stat. 727, 43 U.S.C. sec. 569).

5. Saline Water Research Program-Donation of Laboratory Equipment (72 Stat. 1793, 42 U.S.C. sec. 1892).

6. Reclamation Program-Conveyance of Land to School Districts (41 Stat. 326, 43 U.S.C. sec. 570).

7. Recreation and Public Purposes Program (44 Stat. 741, as amended, 43 U.S.C. sec. 869-869a).

8. Dedication of Land for Public Purposes, Page, Arizona (72 Stat. 1686, 1688).

9. Removal of Sand, Gravel, and Other Minerals, and Building Materials from Reclamation Project Lands (53 Stat. 1196, as amended, 43 U.S.C. sec. 387).

III. Mineral Resources. Grants and loans of Federal funds.

1. Control of Coal Mine Fires (68 Stat. 1009, 30 U.S.C. sec. 551-558 et seq.).

2. Anthracite Mine Drainage and Flood Control and Sealing of Abandoned Mines and Filling Voids (69 Stat. 352, as amended, 30 U.S.C. secs. 571-576).

IV. Fish and Wildlife. loans of Federal funds.

(a) Grants and

1. Pittman-Robertson Act (50 Stat. 917, as amended, 16 U.S.C. sec. 669).

2. Dingell-Johnson Act (64 Stat. 430, 16 U.S.C. sec. 777).

3. Sharing of Refuge Revenues (49 Stat. 383, as amended, 16 U.S.C. sec. 715s).

4. Aid to Alaska (Section 6(e) of the Alaska Statehood Act, 72 Stat. 340, and Act of February 28, 1944, 58 Stat. 101, 16 U.S.C. sec. 631e).

5. Commercial Fisheries Resource and Development Act (78 Stat. 197).

6. Aid to Education (70 Stat. 1126, 16 U.S.C. sec. 760d).

7. Development of Disease Resistant Oysters (76 Stat. 356, 16 U.S.C. secs. 760j7601).

(b) Sale, lease, grant, or other disposition of, or the permission to use, Federal property or any interest in such property at less than fair market value.

1. Cooperative Research and Training Program for Fish and Wildlife Resources (74 Stat. 733, 16 U.S.C. sec. 753a).

2. Fishery Development in the South Pacific (61 Stat. 726, as amended, 16 U.S.C. sec. 758b).

8. Migratory Marine Fishery Program (73 Stat. 642, 16 U.S.C. sec. 7601).

4. Protection and Conservation of Bald and Golden Eagles (54 Stat. 251, as amended, 16 U.S.C. sec. 668a).

5. Wildlife Land Transfers (sec. 8 of Colorado River Storage Project Act of 1956, 70 Stat. 110, 43 U.S.C. sec. 620g).

6. Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. secs. 661664).

(c) Furnishing of services of a type for which the recipient would otherwise pay. 1. Rice Land Fishery Program (72 Stat. 35, 16 U.S.C. sec. 778a).

2. Lampry Eradication Program (60 Stat. 930, as amended, 16 U.S.C. sec. 921).

3. Cooperative Research and Training Program for Fish and Wildlife Resources (74 Stat. 733, 16 U.S.C. sec. 753a).

4. Fishery Development in the South Pacific (61 Stat. 726, as amended, 16 U.S.C. sec. 758b).

5. Migratory Marine Fishery Program (73 Stat. 642, 16 U.S.C. sec. 7601).

6. Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. sec. 661 et seq.).

V. Parks and Territories. (a) Grants and loans of Federal funds.

1. Payments to School Districts-Yellowstone National Park (62 Stat. 338, 16 U.S.C. sec. 40a).

2. Payments in Lieu of Taxes-Grand Teton National Park (64 Stat. 851, 16 U.S.C. 406d-3).

3. Payments to North Dakota for International Peace Park (63 Stat. 888, as amended, 68 Stat. 300, 72 Stat. 985).

4. Bureau of Outdoor Recreation (77 Stat. 49, 16 U.S.C. 4601).

5. Revised Organic Act of the Virgin Islands (68 Stat. 497, as amended, 48 U.S.C. sec. 1541-1644).

6. Guam Rehabilitation Act (77 Stat. 302). 7. Organic Act of Guam (64 Stat. 384, as amended, 48 U.S.C. secs. 1421-1425 except sec. 9(a), 48 U.S.C. sec. 1422c(a)).

8. Guam Agricultural Act (P.L. 88-584, 78 Stat. 926).

(b) Sale, lease, grant or other disposition of, or the permission to use Federal property or any interest in such property at less than fair market value.

1. Puerto Rico Federal Relations Act (39 Stat. 954, 48 U.S.C. sec. 748).

2. Virgin Islands Corporation Act (63 Stat. 350, as amended, 48 U.S.C. sec. 1407 et seq.).

3. Territorial Submerged Lands Act (77 Stat. 338, 48 U.S.C., secs. 1701-1704).

APPENDIX B

The following statutes authorize programs limited to individuals of a particular race, color, or national origin.

I. Indians and Alaska Natives. 1. Snyder Act (42 Stat. 208, 25 U.S.C. sec. 13).

2. Adult Vocational Training Act (70 Stat. 986, 25 U.S.C. sec. 309).

3. Vocational and Trade School Act (48 Stat. 986, 25 U.S.C. sec. 471).

4. Johnson-O'Malley Act (48 Stat. 596, as amended, 25 U.S.C. secs. 452-53).

5. Revolving Fund for Loan to Indians (48 Stat. 986, 25 U.S.C. sec. 470).

6. Revolving Fund for Loans to Tribes (77 Stat. 301).

7. Conveyance of Buildings, Improvements, or Facilities to Tribes (70 Stat. 1057, 25 U.S.C. sec. 443a).

8. Alaska Reindeer Act (50 Stat. 900, 48 U.S.C. secs. 250-250p).

9. Disposals to Alaskan Natives (44 Stat. 629, 48 U.S.C. secs. 355a and 355c).

II. Natives of Certain Territories. 1. Acceptance of Samoan Cession Agreement (45 Stat. 1253, as amended, 48 U.S.C. 1661). 2. Samoan Omnibus Act (76 Stat. 586, 48 U.S.C. 1666).

3. Guam Organic Act (64 Stat. 387, 48 U.S.C. 1422c).

4. Organic Act of Guam (64 Stat. 392, 48 U.S.C. 14211(c)).

17a.2

PROCEEDINGS PRIOR TO HEARING

Notice of hearing or opportunity for hearing.

1. Bureau of Outdoor Recreation (77 Stat. 49, 16 U.S.C. sec. 4601).

both to request a hearing and to

answer.

Who presides.

Authority of presiding officer.

Testimony and cross-examination.

Affidavits.

Depositions.

17a.12

Admissions as to facts and documents.

Evidence.

17a.14

Offer of proof.

2. Adult Vocational Training Act (70 Stat. 986, 25 U.S.C. sec. 309).

VII. General. 1. Department Projects under the Public Works Acceleration Act (76 Stat. 541, 42 U.S.C. secs. 2641-2643).

2. Grants for Support of Scientific Research (72 Stat. 1793, 42 U.S.C. secs. 18911893).

3. Special Use Permits (R.S. sec. 441, as amended, 5 U.S.C. sec. 485).

4. Land and Water Conservation Fund Act of 1964 (Public Law 88-578, 78 Stat. 897).

Section 17.8 of this title provides for a formal proceeding looking to the suspension or termination of, or the refusal to grant or continue, Federal financial assistance for failure of an applicant or a recipient to comply with the regulation in Part 17 of this title on Nondiscrimination in Federally-Assisted Programs of the Department of the Interior-Effectuation of the Civil Rights Act of 1964. This Part 17a comprises rules of procedure for such proceedings which supplement § 17.8 of this title. The definitions set forth in § 17.12 of this title apply also to this Part 17a.

PROCEEDINGS PRIOR TO HEARING

The failure of the applicant or recipient to request a hearing shall be deemed a waiver of hearing and consent to submission of the case to the presiding officer for decision on the written record. The failure of an applicant or recipient to file an answer and to request a hearing shall be deemed a waiver of all right to participate in the proceedings and to constitute his consent to the making of a decision on the basis of such information as is available.

PRESIDING OFFICER

§ 17a.6 Who presides.

Either a hearing examiner designated in accordance with the provisions of section 11 of the Administrative Procedure Act or the head of the bureau or office administering the Federal financial assistance involved will be the presiding officer in each proceeding.

§ 17a.7 Authority of presiding officer. The presiding officer may:

(a) Arrange and issue notice of the date, time and place of hearings, or, upon due notice to the parties, change the date, time and place of hearings previously set;

(b) Hold conferences to settle, simplify, or fix the issues in a proceeding or to consider other matters that may aid in the expeditious disposition of the proceeding;

(d) Administer oaths and affirmations;

(e) Rule on motions and other procedural matters;

(f) Regulate the course of the hearing and the conduct of persons therein;

(g) Examine witnesses and direct witnesses to testify;

(h) Receive, rule on, exclude or limit evidence;

(i) Fix the time for filing motions, briefs, or other matters; and

(j) Take any action authorized by the rules in this part or in conformance with the provisions of the Administrative Procedure Act (5 U.S.C. 1001-1011).

HEARING PROCEDURES

§ 17a.8 Testimony and cross-examination.

Testimony at the hearing shall be given under oath or affirmation. The presiding officer may require or permit that the direct testimony of any witness be prepared in writing and served on all parties in advance of the hearing. Such testimony may be adopted by the witness at the hearing and filed as part of the record thereof. Unless authorized by the presiding officer, a witness will not be permitted to read prepared testimony into the record. A witness may be crossexamined on any matter material to the proceeding without regard to the scope of his direct examination.

Each exhibit should have a brief title endorsed upon it or attached to it stating what it purports to show. Exhibits comprising statistical compilations and calculations should show the sources of the information used and the statistical methods employed. Proposed exhibits shall be exchanged prior to the hearing, if the presiding officer so requires, and proposed exhibits not so exchanged may be denied admission in evidence. The authenticity of all proposed exhibits exchanged prior to hearing will be deemed admitted unless written objection thereto is filed prior to the hearing or unless good cause is shown at the hearing for failure to file such written objection. § 17a.10

Affidavits.

An affidavit is not inadmissible as such. Unless the presiding officer fixes another

Not later than 15 days prior to the scheduled date of the hearing, any party may serve upon an opposing party a written request for the admission of the genuineness and authenticity of any relevant documents described in and exhibited with the request, or for the admission of the truth of any relevant matters of fact stated in the request. Each of the matters in respect of which an admission is requested shall be deemed admitted, unless, within a period designated in the request (not less than 10 days after service thereof) or within such further time as the presiding officer may allow upon motion and notice, the party to whom the request is directed serves upon the requesting party a sworn statement either denying specifically the matters in respect of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny such matters. Copies of requests for admission and answers thereto shall be served on all parties. Any admission made by a party to such request is only for the purposes of the pending proceeding or any proceeding or action instituted for the enforcement of any order entered in the pending proceeding and shall not constitute an admission by him for any other purpose or be used against him in any other proceeding or action.

§ 17a.13 Evidence.

Technical rules of evidence shall not apply to a hearing, but the presiding officer shall seek to obtain the production of the most credible evidence available and may exclude irrelevant, immaterial, or repetitious evidence. Objections to evidence shall be timely and briefly state the ground relied upon.

§ 17a.14 Offer of proof.

If the presiding officer sustains an objection to the admission of evidence, the

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