Res 2005 9/6/1977i
RESOLUTION NO. „14l'?
RESOLUTION ACCEPTING GRANT OFFER FOR PROJECT
NO, 6-48-0227-03, FOR IMPROVEMENTS AT WICHITA
FALLS MUNICIPAL AIRPORT.
WHEREAS, the City of Wichita. Falls, Texas has submitted an Application
for Federal Assistance dated August 24, 1977 to the Federal Aviation Adminis-
tration requesting Federal participation in the amount of $180,900.00 for
improvements at Wichita. Falls Municipal Airport; and,
WHEREAS, the Federal Aviation Administration has issued a Grant Offer
dated September 2, 1977 which provides a commitment of Federal funds in the
amount of $180,900.00 for the aforementioned development; and,
WHEREAS, it is determined to be in the interest of the City of Wichita
Falls that the Grant Offer be accepted by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. That the City does hereby accept the provisions of the Grant
Offer for Project No. 6-48-0227-03, a copy of which Grant Offer is attached
hereto and incorporated herein by reference.
SECTION 2. The City Manager is hereby authorized and directed to execute
the Grant Agreement for and on behalf of the City of Wichita. Falls, Texas.
PASSED AND APPROVED THIS THE jaday of yi-L1 1977.
97A Y O R .
ATTEST:
City Clerk
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Page 1 of 7 pages
DEPARTMENT OF TRANSPORTATION;?"'
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1-Offer
Date of Offer SEP f977
Sheppard AFB/Wichita Falls Municipal Airport
Project No. 6-48-0227-03
Contract No. DOT FA 77 SW-8193
Ci
TO: rTheCityofWichitaFis ,
herein referred to as the sponsor )
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated AupJPp gust 24, 1977
for a grant of Federal funds for a project for develop- Ir,:
ment of the Sheppard AFB/Wichita Falls Municipal Airport(herein called
the "Airport"), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof;and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
Project") consisting of the following-described airport development: L
Reconstruct portion of aircraft parking apron (approximately 6,500 s.y.) and
T-hangar taxiways (approximately 5,500 s.y.) .
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all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
Flom
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Page 2 of 7 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances contained in said
1°'
Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits r+t+.t.
to accrue, to the United States and the public from the accomplishment of the Project and the k •',
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD-
MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND i.
AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the IProject,
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Ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be
180,900 14
2. The Sponsor shall:
1::----.0.•''
a) begin accomplishment of the Project within Ninety (90) days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
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with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA;
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b) carry out and complete the Project without undue delay and in accordance with the
terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51— et. .
152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
4: .
effect as of the date of acceptance of this Offer; which Regulations are hereinafter t :
referred to as the "Regulations";
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c) carry out and complete the Project in accordance with the plans and specifications k;
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula-
tions.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations.
Final determination as to the allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.YyJ
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F SUPERSEDES PREVIOUS EDITION PAGE 2 A' ti
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Page 3 of 7 pages
5. The FAA reserves the right to amend or withdraw this Offer at any ts`
time prior to its acceptance by the Sponsor.
6. This Offer shall expire and the United States shall not be MMOi
obligated to pay any part of the costs of the Project unless this
Offer has been accepted by the Sponsor on or before September 30, 1977,
or such subsequent date as may be prescribed in writing by the FAA.
7. It is understood and agreed that the Sponsor will provide for FAA
employees adequate parking accommodations satisfactory to the
Administrator at all FAA technical facilities located on the
Airport. It is further understood and agreed that Sponsor will
provide, without cost, adequate land for the purpose of parking
all official vehicles of the FAA (government and privately owned
when used for FAA business) necessary for the maintenance and
operations of the FAA facilities on the Airport. Such land shall
ibeadjacenttothefacilitiesserved.
8. The Sponsor will send a copy of all invitations for bids, advertised
or negotiated, for concessions or other businesses at the Airport to
the appropriate Office of Minority Business Enterprise (OMBE)
representative as identified by the FAA Regional Civil Rights Office. LSi';,
The Sponsor will disclose and make information about the contracts,
contracting procedures and requirements available to the designated
OMBE representative and minority firms on the same basis that such
information is disclosed and made available to other organizations
or firms. Responses by minority firms to invitations for bids shall
be treated in the same manner as all other responses to the invitations
to bids.
Compliance with theomp preceding paragraph will be deemed to constitute
compliance by the Sponsor with the requirements of 49 CFR 21 Appendix
C(a)(1) (x), Regulations of the Office of the Secretary of
Transportation. Ira
The Sponsor agrees to effectuate the purposes of Section 30 of the
Airport and Airway Development Act of 1970, as amended, by assuring
that minority business enterprises shall have the maximum opportunity 1,'"
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to participate in the performance of contracts financed in whole or
in part with federal funds provided under this agreement. For the r.
purposes of this provision, "minority business enterprise" means a
business enterprise that is owned by, or is controlled by, a socially
or economically disadvantaged person or persons. Such disadvantage
may arise from cultural, racial,y ci 1, religious, sex, national origin,
chronic economic circumstances or background or other similar cause.
Such persons may include, but are not limited to, blacks not of
Hispanic origin; persons of Hispanic origin; Asians or Pacific
Islanders; American Indians; and Alaskan natives. Sponsor further
agrees to comply with such regulations as may be issued by the
Federal Aviation Administration to implement Section 30 of the Act.
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FAA Form 5100-13 SW SUP (12/21/76)
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9. This project and all work performed thereunder is subject to
the Clean Air Act and the Federal Water Pollution Control Act.
Accordingly,
a) The sponsor hereby stipulates that any facility to
be utilized in performance under the grant or to N.
benefit from the grant is not listed on the EPA t;
List of Violating Facilities.
b) The sponsor agrees to comply with all the requirements
of Section 114 of the Clean Air Act and Section 308 of
the Federal Water Pollution Control Act and all
regulations issued thereunder.
c) The sponsor shall notify the FAA of the receipt of 4°'::'
any communication from the EPA indicating that a
facility to be utilized for performance of or benefit
from the grant is under consideration to be listed on
the EPA list of Violating Facilities.
d) The sponsor agrees that he will include or cause to be
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included in any contract or subcontract under the grant I r`.,
which exceeds $100,000 the criteria and requirements in
these subparagraphs (a) through (d).
10. It is understood and agreed that FAA approval of the project included
in this Agreement is conditioned on the Sponsor's compliance with
6 ,,,;_Y
applicable air and water quality standards in operating the Airport
and in accomplishing any construction hereunder; further, that
failure to so comply may result in suspension, cancellation or
termination of federal assistance under the Agreement. 6, ,
11. It is understood and agreed that the term "Project Application"
wherever it appears in this Agreement, in Specifications or other
documents constituting a part of this Agreement shall be deemed to
mean the "Application for Federal Assistance".
12. The federal government does not now plan or contemplate the
construction of any structures pursuant to paragraph 27 of Part V
Assurances of the Application for Federal Assistance attached hereto,
and, therefore, it is understood and agreed that the Sponsor is under
no obligation to furnish any areas or rights without cost to the t -
federal government under this Grant Agreement. However, nothing
contained herein shall be construed as altering or changing the rights
of the United States and/or the obligations of the sponsor under prior
grant agreements to furnish rent-free space and/or cost-free areas for
the activities specified in such agreements.
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13. The airport development in this project will be that hereinabove
set out and will be carried out as more particularly described on
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the property map Exhibit "A" (consisting of two pages designated thereon
as "Property Map Exhibit A" and "Property Map Exhibit A-1", respectively) ,
attached to the Project Application, dated May 2, 1974, for Project No.
8-48-0227-01, and in the preliminary plans and specifications approved
by FAA on August 17, 1977, all of which are made a part hereof.
14. The Sponsor shall: fri AV4
a) Incorporate or cause to be incorporated in each bid or proposal
form submitted by prospective contractors for construction work memo-
under the project the .provisions prescribed by Section 60-1.7(b)(1)
and 60-1.8(b) of the Regulations issued by the Secretary of Labor
33 FR 7804, 41 CFR Part 60-1).
b) Comply with the provisions set forth in Appendix I, attached hereto.
t'.
15. Assurance Number 18 of Part V of the project a pp lication inco rporated
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herein is amended by including at the end of the second sentence the
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following language: "including the requirement that (A) each air N„ ,
carrier, authorized to engage directly in air transportation pursuant
to Section 401 or 402 of the Federal Aviation Act of 1958, using such
airport shall be subject to nondiscriminatory and substantially
comparable rates, fees, rentals, and other charges and nondiscriminatory
conditions as are applicable to all such air carriers which make similar
use of such airport and which utilize similar facilities, subject to p` .
reasonable classifications such as tenants or nontenants, and combined
passenger and cargo flights or all cargo flights, and such classification ri:
or status as tenant shall not be unreasonably withheld by any sponsor
provided an air carrier assumes obligations substantially similar tor •,
those already imposed on tenant air carriers, and (B; each fixed base
operator using a general aviation airport shall be subject to the same
rates, fees, rentals, and other charges as are uniformly applicable to
all other fixed base operators making the same or similar uses of such
airport utilizing the same or similar facilities.. Provision (A) above
shall not require the reformation of any lease or other contract
entered into by a sponsor before July 12, 1976. Provision (B) above
shall not require the reformation of any lease or other contract
entered into by a sponsor before July 1, 1975."
16. It is understood and agreed that no part of the federal share of an
airport development project for which a grant is made under the Airport
and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.),
or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.),
shall be included in the rate base in establishing fees, rates, and
charges for users of the airport.
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17. The Sponsor hereby covenants and agrees that it will not advertise for
bids, award any contract or commence construction for any items of
airport development to be accomplished under this project until it has 4r`'°°
submitted final plans and specifications satisfactory to the Adm_ini-
strator and such plans and specifications have been approved; and it N:4
is further understood that the United States will not make nor be obli-
gated to make any payment for such items of airport development under this
Grant Agreement until the Sponsor has submitted such plans and specifi- t.,..
cations and they have been approved as herein provided. The Sponsor
further covenants and agrees that it will submit said final plans and E
specifications to the Administrator on or before ninety days from the
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Page 7 of 7 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application 4,-•"
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- 7: .,
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation O'r4
and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's r:;c.
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the t` A
facilities developed under the Project but in any event not to exceed twentypProjectYy years from the date
of said acceptance.
UNITED STATES OF AMERICA 4,1''''
FEDERAL AVIATION ADMINISTRATION
By. fir.
Actin Chief, 9 TITLE)
Fort Worth Airports District Office
alPartII-Acceptance
The City of Wichita Falls does hereby ratify and adopt all statements, 1r:
representations, warranties, covenants, and agreements contained in the Project Application and 4,,•
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof.
Executed this 7th day of September 19.77. ..wu;
CITY: .Qk".W UIT FACTS Pow
cA lae f ponsor) t
1 }'4) By
SEAL)AL)T
Title City Manager
Attes- . <2.,... ,C. G?1.<`f/z
11:„.
Title: City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY t'::
I H. P. Hodge the City of Wichita FallsactingasAttorneyforY s •
herein referred to as the "Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by saidSponsorrelatingthereto, and find that the Acceptance thereof by said Sponsor has been duly auth-
4orizedandthattheexecutionthereofisinallrespectsdueandproperandinaccordancewiththe
laws of the State of Texas and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at Wichita Falls this. . .7th. . . . day of. . Se.P. .r. . . . , . , . , 19.77. .
Thc/
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Title . . .City.A.ttox'ney OPP.
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APPENDIX 1 ci- `,
ITT,^A1"
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L(tii y,.:-.The Sponsor hereby agrees that it will incorporate or cause to be incorporated N• ,;;-.
into any contract for construction work, or modification thereof, as defined in
the regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid mss
for in whole or in part with funds obtained from the Federal Government or r,; ,,borrowed on the credit of the Federal Government pursuant to a grant, con-
tract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the
following equal opportunity clause:
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During the performance of this contract, the contractor agrees as. follows:
1) The contractor will not discriminate against any employee or applicant
for employment because of race, color, sex, religion, or national origin
The contractor will take affirmative action to ensure that applicants are
employed, and that employes are treated during employment without regard r
titotheirrace, color, religion, sex, or national origin. Such action shall 14
include, but not be limited to the following: employment, upgrading, demo-
tion, transfer, recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation; and selection for training, ;,r.
including apprenticeship. The contractor agrees to post in conspicuous
places, available to employes and applicants for employment, notices to be PRP
provided setting forth the provisions of this non-discrimination clause.
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2) The contractor will, in all solicitations or advertisements for employes
placed by or on behalf of the contractor, state that all qualified applicants M
will receive consideration for employment without regard to race, color,
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sex, religion, or national origin. t,..,
9 F
3) The contractor will send to each labor union or representative of workers 7withwhichhehasacollectivebargainingagreementorothercontractor
understanding, a notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments under this err
section, and shall post copies of the notice in conspicuous places available M .
to employes and applicants for employment.
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4) The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, as revised by Executive Order 11375 of October
1967, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, as revised by Executive
Order 11375 of October 1967, and by rules, regulations, and orders of 1t='
the Secretary of Labor, or pursuant thereto, and will permit access to
F
Appendix 1 Page 1 4,,.:'i
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46 4.46.,..11'--.
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54 r '-'4' *-. -4'4--oc f ! ' f w ' ' y .s k s , .
S.,,x•{`.:rkr- t '.:ic i _.'.•v4 .J•F q_ r'.->. y - !r i' ..••'t° r;r _,r•
his books, records, and accounts by the administering agency and the rte'
fr^„
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders
this contract may be canceled, terminated, or suspended in whole or in part
and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
revised by Executive Order 11375 of October 1967, and such other sanctions
as may be imposed and remedies invoked as provided in Executive Order 11246 4
of September 24, 1965, as revised by Executive Order 11375 of October 1967,
or by rule, regulations, or order of the Secretary of Labor, or as otherwise
provided by law.
7) The contractor will include the portion of the sentence immediately preceding I
paragraph (1) and the provisions of paragraphs (1) through (7) in ever y sub-
contract or purchase order unless exempted by rules, regulations, or orders ''?:
of the Secretary of Labor issued pursuant to Section 204 of Executive Order
Y
11246 of September 24, 1965, as revised by Executive Order 11375 of October
1967, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any,subcontract
or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided, " .
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however, That in the event a contractor becomes involved in, or is threatened [41"V-,:
with, litigation with a subcontractor or vendor as a result of such direction bgby
the administering agency, the contractor may request the United States to
enter into such litigation to protect the interests of the United States.
1
The Sponsor further agrees that it will be bound by the above equal opportunity
fit_`_;`
clause with respect to its own employment practices when it participates in
federally assisted construction work; Provided, that if the Sponsor so participating
is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentally or subdivision of such government which does not
participate in work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing
compliance.
Appendix 1 Page 2
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The Sponsor further agrees that it will refrain from entering into any contract of 4
contract modification subject to Executive Order 11246 of September 24, 1965,L ..
with a contractor debarred from, or who has not demonstrated eligibility for, ice!=
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation pi-.:': °of the equal opportunity clause as may be imposed upon contractors and subcon-y;;;
tractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails
or refuses to comply with these undertakings, the administering agency may take
any or all of the following actions: Cancel, terminate, or suspend in whole or in C
pe-r.rartthisgrant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the Sponsor under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance hashbeenreceivedfromsuchSponsor; and refer the case to the Department of Justice
e;;'for appropriate legal proceedings.
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OMfl Approval No 29-R0218
FEDERAL ASSiS ANCE 2. APPLI.e. NUMBER 3. STATE a. NUMBER
APPLICA- 70803031CANT'S
1. TYPE TION p.•.,
OF PREAPPL!CATIOU APPLI- b. GATE IDENTI. b. DATE Year month dayYearmonthday i,, ,ACTION APPLICA7icN CATION PIER ASSIGNED19 ]] 8 24 19 77 08 18 iMarkap. NOTIFICft1 ON OF INTENT (:Ft) Leavepropriate
box) FEFORT OF FEDERAL ACTION Blank
4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO,
Ea„`
City of Wichita Falls
69-0740871 r
7".
a. Applicant Name sr w
7';b Jl
b. Organization Unit y.
c. Street/P.O. Box : P. O. Box 1431
PRO. a. NUMBER 2 0 11.1012I I. 'd. City Wichita Falls e. County : Wichita CRAM b. TITLE
From i
f. State Texas g. ZIP code: 76307 Federal Airport Development
Catalog) h. Contact Person (Name Ed llschner, Jr. ,P. E.,Dlr. of Traffic Aid Program
tz & telephone No.) : (817) 322-5611. ext. 288
c3i 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT 8. TYPE OF APPLICANT/RECIPIENT
A-Slsto 11-Community Action AgencyImprovementstotheWichitaFallsMunicipalAirport8-Interstate I-Higher Educational Institutiona' C-Substato Indian TribeReconstructionofaircraftparkingaprons & access District K-Other (Specify): v'0-County a,'areas to Hangars #2 & #3 and Taxiway and access E--city t• ,F-School District
areas to T-hangars. (approx. 11,560 S.Y.) G-Snecial Purpose
1
District Enter appropriate letter E
9. TYPE OF ASSISTANCE i
A-Basic Grant D-Insurance y.;tinirB-Supplemental Grant E-OOther Enter appro-
C-Loan priate letters) --
10. AREA OF PROJECT IMPACT (Names of cities,counties, 11. ESTIMATED NUM- 12. TYPE OF APPLICATION
States, etc.) BER OF PERSONS A-New C-Revision E-AugmentationBENEFITINGB-Renewal D-ContinuationWichitaCounty185,000 Enter appropriate letter A rtt ';
13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF:15. TYPE OF CHANGE (For JEC or 12e)
r" '
a. FEDERAL 180 900 0 a. APPLICANT A-'
ereasa
Dollars F-Other (Specify):PMs00b. PROJECT recraese Dollars
C-ln:re_se Durationb. APPLICANT 20,100 .00 13 13 t7-nzcreass Duration
e. STATE 00 16. PROJECT STAF.T 17. PROJECT E Cancellation
NA..cw.DATE Year month day DURATION Enter appro-d. LOCAL 00 19 77 10 1 _ 3 Months priate letter(a) r_j -1
e. OTHER 00 IC. ESTIMATED CATE TO Year month day 19. EXISTING FEDERAL IDENTIFICATION NUMBERBESUBMITIEDTO
f. TOTAL $201,00 00 FEDERAL AGENCY 19 77 8 26 6-48-0227-03
20. FEDERAL AGENCY TO RECEIVE REQUEST (Name,City,State.ZIP code) 76101 21. REMARKS ADDED
Fort Worth Airport's District Office, FAA,Box 1689, Fort Worth, TX Yes ryNo R r
22. a. To the best of my knowledge and belief, b. If required by OMB Cirsaar A-95 this application was submitted,
r.t
eq Y pursuant to in- No re- Response
e
F data in this p:eapplication/application are structions therein, to appropriate clearinghouses and all responses are attached: sponge attached
THE true and correct, the document has been
r APPLICANT duly authorized by the governing body of
ENCERTIFIEStheapplicantandtheapplicantwillcomply (1) Nortex Regional Planning CommissionTHAT with the attached assurances if the assist- W
ante is approved.
3)
23. a. TYPED NAME AND TITLE IF. SICIATURE c. DATE SIGNED
iCERTIFYING Gerald G. Fox k j 1 ' Year month dayREPRE- 4J J',C )- - L.r_/
19 77 8 24iMSENTATIVECityManagerlf\
24. AGENCY NAME 25. APPLICA• Year month day rt •'TION
RECEIVED 19
26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 28. FEDERAL APPLICATION
IDENTIFICATION
29. ADDRESS 30. FEDERAL GRANT
IDENTIFICATION
31. ACTION TAKEN 3'- FUNDING Year month day 34. Year month day
Lig 00 33. ACTION DATED. 19 DATE 19
a. AWARDED a. FEGERi.L
b. REJECTED b. AP'rLICAiT _ 00 35. CONTACT FOR ADDITIONAL INFCRMA- 36. Year month dayTION (Name and telephone number) ENDINGc. RETURNED FOR c. STATE 00 DATE 19
JMrNDMENT d, LOCAL 00 37. REiAARKS ADDED la?:..:.`r:
Et d. DEFERRED a. OTHER 00
y 4
WITHDRAWN f. TOTAL $ 00 Yes No
38. a. In taking above action, any comments received from clearinghouses were col. b. FEDEf.4L AGENCY A-95 OFFICIAL
sidored. If agency response Is due under provisions of Part 1, 0MB Circular A-95, (Name and telephone sso.) FEDERAL AGENCY it has been or is being made.
A-95 ACTION
s•,•
424-101 STANDARD FORM 424 PAGE 1 (10-75)i•
Prescribed by GSA,Federal Management Circular 74-7 r
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I-..:':..DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION i,,
OMB NO. 80-R0184 t `%; .
PART II
PROJECT APPROVAL INFORMATION t
SECTION A
Item 1. 1:;aDoesthisassistancerequestrequireState, local, Name of Governing Body on
regional, or other priority rating? Priority Rating
Yes. X ,No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board I
r:.
Yes X No (Attach Documentation) R hip
Item 3. r ___
Does this assistance request require clearinghouse review (Attach Comments) I
in accordance with OMB Circular A-95?
t A•1 v
X 1 '1
Yes No P,;,t;;,.
Item 4. L.__
Does this assistance request require State, local, Name of Approving Agency F4;`_';` ;,
regional or other planning approval? Date r..':"''
Yes X No WI
4Item5. a'
y;.Is the proposed project covered by an approved Check one: State r'
comprehensive plan? Local
Regional
lwYesXNoLocationofplan
l
Item 6.Fes'-'''
Will the assistance requested serve a Federal Name of Federal Installation Sheppard AFB Plul"..1
installation? X Yes No Federal Population benefiting from Project 14,000
Item 7.
Will the assistance requested be on Federal land Name of Federal Installation Sheppard AFB
or installation? Location of Federal Land Wichita County, Texas
X Yes No Percent of Project (see Part II, Section C)
Item 8.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes X No
Item 9. Number of:
t
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or farms? Families
Businesses
Yes X No Farms
Item 10. r,
Is there other related Federal assistance on this See instructions for additional information to be
ppm.
project previous, pending, or anticipated? provided. 41
rYesXNo
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2
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DEPARTMENT OF TRANSPORTATION• FEDERAL AVIATION ADMINISTRATION
OMB NO. 80•R0184 •"',,;"
Y
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PART II — SECTION B
11. SITES AND IMPROVEMENTS: Not required, Attached as exhibits
Applicant intends to acquire the site through: iAPPq
Eminent domain,Negotiated purchase, Other means(specify)See Part II, Sec. C
12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN:
X Applicant, Agency or institution operating the facility, Other(specify)
E ,
r
E.;
13. INDICATE WHETHER APPLICANT/OPERATOR HAS:
orisimm
Fee simple title, X Leasehold interest, Other(specify) See Part II, Section C tiy ,
14. IF APPLICANT/OPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION:
a. Length of lease or other estate interest 50 , and number of years to run 32
b. Is lease renewable? Yes No
c. Current appraised value of land S
d. Annual rental rate S 1.00 tie?*
15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT/OPERATOR HAS IN THE G }
SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL AND VALID.See Part II, Section .0
PIMP16. WHERE APPLICABLE, ATTACH SITE SURVEY, SOIL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS.
17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE
TOPOGRAPHY. I.
Not applicable
18. ATTACH PLOT PLAN. See property layout attached to Project Pre-Application
19. CONSTRUCTION SCHEDULE ESTIMATES: Not required, X Beingg prepared, Attached as exhibits
Percentage of completion of drawings and specifications at application date:
Schematics 0 °b Preliminary 0 Final 0 b
CF"
20. TARGET DATES FOR:
Bid Advert sement 1j-_l'Z Contract Award 11-22-77
Construction Completion 2-26-77P Occupancy 2-26-77
21. DESCRIPTION OF FACILITY: Not required X Attached as exhibits
Drawings— Attach any drawings which will assist in describing the project.
Specifications— Attach copies of completed outline specifications.
If drawings and specifications have not been fully completed, please attach copies or working drawings that have been completed.).
NOTE: ITEMS ON THIS SHEET ARE SELF-EXPLANATORY; THEREFORE, NO INSTRUCTIONS ARE PROVIDED.
FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 a.
Page 3
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DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04-R0209 a ,ya
rte:
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airportA Wichita Falls-Wichita. County Airport Zoning Board to adopt, administer
and enforce airport zoning regulations applicable to airport hazard areas was established it
by City of Wichita Falls Resolution No. 1380 (2-6-73) and by Commissioner's Court Order
No. 4922-D(3-12-73). Ordinance No. 2849 (1-22-74) provides means for the city to
regulate and restrict the height of structures and objects of natural growth and otherwise r,... r
regulate the use of property, in the vicinity of the Sheppard Air Force Base/Wichita Falls t. °
Municipal Airport.
2. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development,operation,or maintenance of any airport,except as stated herewith: r°t
3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the. r•-
provisions of Part V of this Application,either by limiting its legal or financial ability or otherwise,except as follows:
I n..
ril711
4. Land.—(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests,
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
The land within the property lines shown on Exhibit A and Exhibit A-1 dated May, 1974:
Leasehold interest from the United State Air Force, including provisions for joint
utilization of runways. Lease expires May 14, 2009.
State character of property interest in each area and list and identify for each all exceptions, encumbrances,and adverse interests 01111.111
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by theareanumbersshownonthepropertymap.
FAA Form 5100-100(4-76) Page 3a
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rKAI bwDEPARTMENTOFTRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04-R0209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that k
such attorney or title company has determined that the Sponsor holds the above property interests. 74 '`
b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land* on which such construction work is to be performed,
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
NONE
c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under istheProject, the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned 4L..property map designated as Exhibit "A":
NONE
k:.
5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport ownedorcontrolledbytheSponsorexceptasfollows:
NONE
State character of property interest in each area and list and identify or each all exceptions, encumbrances,and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by theareanumbersshownonthepropertymap.
FAA Form 5100-100 (4-76) Page 3b
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DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION OMB NO. 80-N0184 r _. •
PART III - BUDGET INFORMATION - CONSTRUCTION
JK'Q,jSECTIONA - GENERAL
1. Federal Domestic Assistance Catalog No 20. 102
2. Functional or Other Breakout
SECTION B - CALCULATION OF FEDERAL GRANT
Use only for revisions
Total
Cost Classification Amount f
Latest Approved Adjustment Required
Amount or (-)
1. Administration expense
2. Preliminary expense
r3. Land,structures,right-of-way
4. Architectural engineering basic fees 20,498.00
5. Other architectural engineering fees L
6. Project inspection fees
r''h i7. Land development
r
8. Relocation Expenses
9. relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement 163,978.00
12. Equipment
13. Miscellaneous rimig
14. Total (Lines 1 through 13) 184,476.00
15. Estimated Income(if applicable) M
16. Net Project Amount (Line 14 minus 15) 184,476.00
17. Less: Ineligible Exclusions
18. Add: Contingencies 10%I) 16, 524.00
19. Total Project Amt.(Excluding Rehabilitation Grants) 201,000.00
20. Federal Share requested of Line 19 180,900.00
21. Add Rehabilitation Grants Requested(100 Percent)
22. Total Federal grant requested(Lines 20 & 21) • 180,900.00
23. Grantee share If+
20,100.00
24. Other shares pm=
25. Total project(Lines 22, 23 & 24) 201,000.00
FAA Form 5100.100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
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DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80•R0184
SECTION C — EXCLUSIONS 141:
NONE kIkt,';,r
wait'..
Classification Ineligible for Excluded from
Participation Contingency Provision 1•18126
I) 2)
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Imo*9. Totals
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE k
27. Grantee Share S 20,100.00
e1,
a. Securities
b. Mortgages t` v,..
wi. ,
c. Appropriations(By Applicant) 20, 100.00
t
d.
BondsRv'"
i;'
e. Tax Levies
f. Non Cash L
g. Other(Explain) k'=
h. TOTAL— Grantee share 20,100.00 F{
28. Other Shares 0—
Fil. . .
a. State
b. Other
c. Total Other Shares 0_
29. TOTAL S 20, 100.00
SECTION E — REMARKS
br f.r
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES I THRU 7 14thr •••
Page 5
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DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION
PART V
ASSURANCES
The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, eg ?'
including Office of Management and Budget Circulars Nos. A 87, A-95, and A-102, as they relate to the application,
acceptance and use of Federal funds for this federally-assisted project. Also, the applicant gives assurance and certifies with r
respect to the grant that:
1. It possesses legal authority to apply for the grant, and to conducting inspections to insure compliance with theseP9YPpY99PP
finance and construct the proposed facilities; that a resolu specifications by the contractor.
tion, motion or similar action has been duly adopted or 9. It will cause work on the project to be commenced with-
passed as an official act of the applicant's governing body, in a reasonable time after receipt of notification from the
authorizing the filing of the application, including all under- approving Federal agency that funds have been approved
standings and assurances contained therein, and directing and that the project will be prosecuted to completion with
and authorizing the person identified as the official re reP reasonable diligence.
sentative of the applicant to act in connection with the
application and to 10. It will not dispose of or encumber its title or otherppprovidesuchadditionalinformationas r::'•^-.•r,
may be required.interests in the site and facilities during the period of Fed- r 27,,4.
eral interest or while the Government holds bonds, which
2. It will comply with the provisions of: Executive Order Cr.er is the longer.
11296, relating to evaluation of flood hazards, and Execu-
tive Order 11288, relating to the prevention, control, and
11. It will comply with Title VI of the Civil Rights Act of
abatement of water pollution. 1964 (P.L. 88-352) and in accordance with Title VI of that
Act, no person in the United States shall, on the ground of 0-, r,,
3. It will have sufficient funds available to meet the non- race, color, or national origin, be excluded from participa-
Federal share of the cost for construction projects. Suffi- tion in, be denied the benefits of, or be otherwise subjected
y
cient funds will be available when construction is corn- to discrimination under any program or activity for which
pleted to assure effective operation and maintenance of the
c...''^``•`
facility for the purposes constructed,
the applicant receives Federal financial assistance and will
immediately take any measures necessary to effectuate this T;,;v
4. It will obtain approval by the appropriate Federal aagreement. If any real
4"PP Y 9 Y property or structure thereon is pro- powagencyofthefinalworkingdrawingsandspecificationsbe- vided or improved with the aid of Federal financial assis-
fore the project is advertised or placed on the market for tance extended to the Applicant, this assurance shall obli-
bidding; that it will construct the project, or cause it to be gate the Applicant, or in the case of any transfer of such aq'*"
constructed, to final completion in accordance with the property, any transferee, for the period during which the r,..
application and approved plans and specifications; that it real property or structure is used for a purpose for which
will submit to the appropriate Federal agency for prior ap- the Federal financial assistance is extended or for another
proval changes that alter the costs of the project, use of purpose involving the provision of similar services or bene-
space, or functional layout; that it will not enter into a fits.
construction contract(s) for the project or undertake other 12. It will establish safeguards to prohibit employees from s"`=•"
activities until the conditions of the construction grant pro-
using their positions for a purpose that is or gives the ap-gram(s) have been met.
pearance of being motivated by a desire for private gain for
5. It will provide and maintain competent and adequate themselves or others, particularly those with whom they
architectural engineering supervision and inspection at the have family, business, or other ties.
construction site to insure that the completed work con- 13. It will comply with the requirements of Title II andformswiththeapprovedplansandspecifications; that it Title III of the Uniform Relocation Assistance and RealwillfurnishprogressreportsandsuchotherinformationasPropertyAcquisitionsActof1970 (P.L. 91-646) whichtheFederalgrantoragencymayrequire.
provides for fair and equitable treatment of persons dis f
6. It will operate and maintain the facility in accordance placed as a result of Federal and federally assisted pro-
with the minimum standards as may be required or pre- grams.
scribed by the applicable Federal, State and local agencies 14. It will comply with all requirements imposed by theforthemaintenanceandoperationofsuchfacilities.Federal grantor agency concerning special requirements of
7. It will give the grantor agency and the Comptroller Gen- law, program requirements, and other administrative re-
eral through any authorized representative access to and the quirements approved in accordance with Office of Manage-
right to examine all records, books, papers, or documents ment and Budget Circular No. A-102.
related to the grant.
15. It will comply with the provisions of the Hatch Act
8. It will require the facility to be designed to comply with which limit the political activity of employees. F'..,-;.,,
the "American Standard Specifications for Making Build- 16. It will comply with the minimum wage and maximum 4:4- f,,;ings and Facilities Accessible to, and Usable by, the Physi- hours provisions of the Federal Fair Labor Standards Act,
4:4-..f.,"
cally Handicapped," Number A117.1 1961, as modified (41 as they apply to hospital and educational institution em-CFR 101-17.703). The applicant will be responsible for ployees of State and local governments.plA
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Page 6
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DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 ``
SPONSOR ASSURANCES F..4,,.,
r,,,.,i
17. These covenants shall become effective upon acceptance terms, and without unjust discrimination. In furtherance of II
by the Sponsor of an offer of Federal aid for the Project or the covenant (but without limiting its general applicability
any portion thereof, made by the FAA and shall constitute and effect), the Sponsor specifically covenants and agrees:
a part of the Grant Agreement thus formed. These covenants
r'.
shall remain in full force and effect throughout the useful a. That in its operation and the operation of all facilities "v,..:,*: _„
life of the facilities developed under this Project, but in any on the Airport, neither it nor any person or organization
occupying space or facilities thereon will discriminateeventnottoexceedtwenty (20) years from the date of said 4.4,
acceptance of an offer of Federal aid for the Project. How-against any person or class of persons by reason of race,
ever, these limitations on the duration of the covenants do color, creed, or national origin in the use of any of the
not apply to the covenant against exclusive rights. Any facilities provided for the public on the Airport.
breach of these covenants on the part of the Sponsor may b. That in any agreement, contract, lease, or other ar-h ,
result in the suspension or termination of, or refusal to rangement under which a right or privilege at the Airport 1
grant Federal assistance under, FAA administered programs,is granted. to any person, firm, or corporation to conduct
or such other action which may be necessary to enforce the or engage in any aeronautical activity for furnishing L+.
rights of the United States under this agreement. services to the public at the Airport, the Sponsor will in-
sert and enforce provisions requiring the contractor:
1) to furnish said service on a fair, equal, and not j':+
unjustly discriminatory basis to all users thereof,18. The Sponsor will operate the Airport as such for the use
andandbenefitofthepublic. In furtherance of this covenant
but without limiting its general applicability and effect), 2) to charge fair, reasonable, and not unjustly dis-
the Sponsor specifically agrees that it will keep the Airport criminatory prices for each unit or service; Pro-
open to all types, kinds, and classes of aeronautical use on vided, That the contractor may be allowed to make
fair and reasonable terms without discrimination between reasonable and nondiscriminatory discounts, re- •
tbates, or other similar types of price reductions to r,}
such types, kinds, and classes. Provided; That the Sponsor V,;41.'may establish such fair, equal, and not unjustly discrimina- volume purchasers.
tory conditions to be met by all users of the Airport as may c. That it will not exercise or grant any right or priv- .'..•:"''`
be necessary for the safe and efficient operation of the Air-ilege which would operate to prevent any person, firm or
port; And Provided Further, That the Sponsor may pro-corporation operating aircraft on the Airport from per- P.rr.,, ^hibit or limit any given type, kind, or class of aeronautical forming any services on its own aircraft with its own v;
use of the Airport if such action is necessary for the safe employees (including, but not limited to maintenance and
01"754' +'
operation of the Airport or necessary to serve the civil avia-repair) that it may choose to perform.
tion needs of the public. k"'•`•'' ..
d. In the event the Sponsor itself exercises any of the
rights and privileges referred to in subsection b, the serv-
ices involved will be provided on the same conditions as
19. The Sponsor—. would apply to the furnishing of such services by Ion-
a. Will not grant or permit any exclusive right for-
tractors or concessionaires of the Sponsor under the pro-ii,t'g P g visions of such subsection b. fit;
bidden by Section 308(a) of the Federal Aviation Act of
1958 (49 U.S.C. 1349(a)) at the Airport, or at any other 21. Nothing contained herein shall be construed to pro-
airport now owned or controlled by it; hibit the granting or exercise of an exclusive right for the
b. Agrees that, in furtherance of the policy of the FAA furnishing of nonaviation products and supplies or any serv-
under this covenant, unless authorized by the Administra- ice of a nonaeronautical nature or to obligate the Sponsor to
tor, it will not, either directly or indirectly, furnish any particular nonaeronautical service at the Airport.y y, grant or per- P P r
mit any person, firm or corporation the exclusive right at
the Airport, or at any other airport now owned or con- 22. The Sponsor will operate and maintain in a safe and
trolled by it, to conduct any aeronautical activities, in- serviceable condition the Airport and all facilities thereon
eluding, but not limited to charter flights, pilot training, and connected therewith which are necessary to serve the
aircraft rental and sightseeing, aerial photography, crop aeronautical users of the Airport other than facilities owned
dusting, aerial advertising and surveying, air carrier op- or controlled by the United States, and will not permit any
erations, aircraft sales and services, sale of aviation petro- activity thereon which would interfere with its use for air-
leum products whether or not conducted in conjunction port purposes: Provided, That nothing contained herein
with other aeronautical activity, repair and maintenance shall be construed to require that the Airport be operated
El
of aircraft, sale of aircraft parts, and any other activities for aeronautical uses during temporary periods when snow,
which because of their direct relationship to the operation flood, or other climatic conditions interfere with such opera-
of aircraft can be regarded as an aeronautical activity. tion and maintenance; And Provided Further, That nothing
c. Agrees that it will terminate any existing exclusive
herein shall be construed as requiring the maintenance, re-
right to engage in the sale of gasoline or oil, or both, pair, restoration or replacement of any structure or facility
granted before July 17, 1962, at such an airport, at the
which is substantially damaged or destroyed due to an act
of
earliest renewal, cancellation, or expiration date applicable tr
God oh otSpo con. In or
erance of t
beyond the can-
to the agreement that established the exclusive right; and
trol of the Sponsor. In furtherance of this covenant the
Sponsor will have in effect at all times arrangements for:
d. Agrees that it will terminate any other exclusive
right to conduct an aeronautical activity now existing at
a. Op:rating the airport's aeronautical facilities when-
such an airport before the grant of any assistance under
ever required.
the Airport and Airway Development Act. b. Promptly marking and lighting hazards resulting
from airport conditions, including temporary conditions,
and
20. The Sponsor agrees that it will operate the Airport for c. Promptly notifying airmen of any condition affecting J
the use and benefit of the public, on fair and reasonable aeronautical use of the Airport. ro
FAA Farm 5100-100.(4-76) Page 7
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DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 0Me NO. 04—R0209 l
4
r23. Insofar as it is within its power and reasonable, the the total movements of government aircraft multiplied bySponsorwill, either by the acquisition and retention of ease-gross certified weights of such aircraft) is in excess of R.,;,ments or other interests in or rights for the use of land or five million pounds. A,..
airspace or by the adoption and enforcement of zoning regu- i!;.;,a'
lations, prevent the construction, erection, alteration, or 27. Whenever so requested by the FAA, the Sponsor will
growth of any structure, tree, or other object in the ap- furnish without cost to the Federal Government, for con-
proach areas of the runways of the Airport, which would struction, operation, and maintenance of facilities for air
constitute an obstruction to air navigation according to the traffic control activities, or weather reporting activities.and r"-?:it:criteria or standards prescribed in Section 77.`23, as applied communication activities related to air traffic control, such
to Section 77.25, Part 77 of the Federal Aviation Regula- areas of land or water, or estate therein, or rights in .build-
tions. In addition, the Sponsor will not erect or permit the ings of the Sponsor as the FAA may consider necessary or
y
y,..-'`e:,
erection of any permanent structure or facility which would desirable for construction at Federal expense of space or fa- irr...+.:interfere materially with the use, operation, or future de- cilities for such purposes. The approximate amounts of areas
velopment of the Airport, in any portion of a runway ap- and the nature of the property interests and/or rights so
proach area in-which the Sponsor has acquired. or hereafter required will be set forth in the Grant Agreement relating
acquires, property interests permitting it to so control the to the Project. Such areas or any portion thereof will be
use made of the surface of the land. made available as provided herein within 4 months after ti ireceiptofwrittenrequestfromtheFAA.
24. Insofar as it is within its power and reasonable, the 28. The airport operator or owner will maintain a fee andSponsorwill, either by the acquisition and retention of
easements or other interests in or rights for the use of land rental structure for the facilities and services being provided
the airport users which will make the Airport as self-sustainorairspaceorbytheadoptionandenforcementofzoningPP k:ir-•,.; ,
regulations, take action to restrict the use of land adjacent ing as possible under the circumstances existing at the Air- k +
to or in the immediate vicinity of the Airport to activities port, taking into account such factors as the volume of traffic Y`.
and purposes compatible with normal airport operations in• and economy of collection.
7eludinglandingandtakeoffofaircraft.29. The Sponsor will furnish the FAA with such annual
or special airport financial and operational reports as may25. The Sponsor will keep up to date at all times an airport be reasonably requested. Such reports may be submitted onlayoutplanoftheAirportshowing (1) the boundaries of the forms furnished by the FAA, or may be submitted in such 4.-C.Airport and all proposed additions thereto, together with manner as the Sponsor elects so long as the essential datatheboundariesofalloffsiteareasownedorcontrolledbythearefurnished. The Airport and all airport records and docu- Sponsor for airport purposes, and proposed additions thereto; ments affecting the Airport, including deeds, leases, operation2) the location and nature of all existing and proposed and use agreements, regulations, and other instruments, will r:airport facilities and structures (such as runways, taxiways, 4:^1':
aprons,
y Y• be made available for inspection and audit by the Secretary 1.',1,prons, terminal buildings, hangars and roads), including all and the Comptroller General of the United States, or theirproposedextensionsandreductionsofexistingairportfa- duly authorized representatives, upon reasonable request. cilities; and (3) the location of all existing and proposed The Sponsor will furnish to the FAA or to the General Ac- f
nonaviation areas and of all existing improvements thereon. counting Office, upon request, a true copy of any such P"'"" 'Such airport layout plan and each amendment, revision, or document.modification thereof, shall be subject to the approval of theFAA, which approval shall be evidenced by the signature of 30. All project accounts and records will be kept in ac-a duly authorized representative of the FAA on the face of cordance with a standard system of accounting if so pre-the airport layout plan. The Sponsor will not make or permit SPscribedbytheSecretary.the making of any changes or alterations in the Airport or
any of its facilities other than in conformity with the airport 31. If at any time it is determined by the FAA that therelayoutplanassoapprovedbytheFAA, if such changes or is any outstanding right or claim of right in or to the Airportalterationsmightadverselyaffectthesafety, utility, or property, other than those set forth in Part II, paragraphs
efficiency of the Airport.4(a),4(b), and 4(c), the existence of which creates an un- s,_
due risk of interference with the operation of the Airport or26. All facilities of the Airport developed with Federal aid thePP performance of the covenants of this Part, the Sponsor r
and all those usable for the landing and taking off of air- will acquire, extinguish, or modify such right or claim of
craft,will be available to the United States at all times, with- right in a manner acceptable to the FAA.
out charge, for use by government aircraft in common with
other aircraft, except that if the use by government aircraft 32. The Sponsor will not enter into any transaction which le,v.-~Missubstantial, a reasonable share, proportional to such use, would operate to deprive it of any of the rights and powers
of the cost of operating and maintaining facilities so used, necessary to perform any or all of the covenants made
may be charged. Unless otherwise determined by the FAA, herein, unless by such transaction the obligation to perform
or otherwise agreed to by the Sponsor and the using agency, all such covenants is assumed by another public agency found
substantial use of an airport by government aircraft will be by the FAA to be eligible under the Act and Regulations to
considered to exist when operations of such aircraft are in assume such obligations and having the power, authority,
excess of those which, in the opinion of the FAA, would and financial resources to carry out all such obligations. If
unduly interfere with use of the landing area by other an arrangement is made for management or operation of
authorized aircraft, or during any calendar month that: the Airport by any agency or person other than the Sponsor
or an employee of the Sponsor, the Sponsor will reserve
a. Five (5) or more government aircraft are regularly sufficient rights and authority to insure that the Airport willbasedattheairportoronlandadjacentthereto; or be operated and maintained in accordance with the Act, the
Regulations, and these covenants.b. The total number of movements (counting each land-
ing as a movement and each takeoff as a movement) of 33. Unless the context otherwise requires, all terms used
government aircraft is 300 or more, or the gross accumu- in these covenants which are defined in the Act and the 4lativeweightofgovernmentaircraftusingtheAirportRegulationsshallhavethemeaningsassignedtothemtherein.
s x
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SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION A''%
DATED August 24. 1977 FOR A GRANT
OF FUNDS FOR THE DEVELOPMENT OR IMPROVEMENT OF THE
Sheppard AFB/Wichita Falls Municipal Airport
r.
The City of Wichita Falls, Texas herein-
after referred to as the "Sponsor") HEREBY AGREES THAT as a condition to
receiving any Federal financial assistance from the Department of Trans-
portation it will comply with Title VI of the Civil Rights Act of 1964
4,'''
78 Stat. 252, 42 U.S. C. 2000d, 42 U.S.C. 2000d-4 (hereinafter referred
to as the "Act"), and all requirements imposed by or pursuant to gal=49, Code of Federal Regulations, Department of Transportation, Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination in Federally-i,'..7
Assisted Programs of the Department of Transportation--Effectuation of kr,,,: ,
Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations") and other pertinent directives, to the end that in ac-
cordance with the Act, Regulations, and other pertinent directives, no
J,
person in the United States shall, on the ygroundsofrace, color, or gip
national origin, be excluded from participation in, be denied the bene-
fits of, or be otherwise subjected to discrimination under any program
or activity for which the sponsor receives Federal financial assistance
t
from the Department of Transportation including the Federal Aviation
Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take
any measures necessary to effectuate this agreement. This assurance is d
required by subsection 21.7(a) (1) of the Regulations, a copy of which r:
is attached.
More specifically and without limiting the above general assurance, the i.sponsor hereby gives the following specific assurances with respect to
ADAP Project No. 6-48-0227-03 .
rt..7r,
1. That the sponsor agrees that each "program" and each "facility"
as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will
be (with regard to a "program") conducted, or will be (with regard to a
facility") operated in compliance with all requirements imposed by or
pursuant to the Regulations.
2. That the sponsor shall insert the following notification in all
solicitations for bids for work or material subject to the Regulations
and made in connection with ADAP Project No. 6-48-0227-03 and, in
adapted form in all proposals for negotiated agreements:
The City of Wichita Falls, Texas
in accordance with Title VI of the Civil Rights Act of
1964, 78 Stat. 252, 42 U.S. C. 2000d to 2000d-4 and Title s;:..'
49, Code of Federal Regulations, Department of Transpor-
tation, Subtitle A, Office of the Secretary, Part 21,
pii
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Page 1 k-*i.
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Nondiscrimination in Federally-assisted programs of the
Department of Transportation issued pursuant to such Act,
hereby notifies all bidders that it will affirmatively
insure that in any contract entered into pursuant to
this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on
the grounds of race, color, or national origin in considera-
tion for an award. s'':`
3. That the sponsor shall insert the clauses of Attachment, 1 of
this assurance in every contract subject to the Act and the Regulations.r '
4. That where the sponsor receives Federal financial assistance to w»
construct a facility, or part of a facility, the assurance shall extend to
the entire facility and facilities operated in connection therewith.
5. That where the sponsor receives Federal financial assistance in
the form, or for the acquisition of real property or an interest in
real property, the assurance shall extend to rights to space on, over,
or under such property.
6. That the sponsor shall include the appropriate clauses set forth
in Attachment 2 of this assurance, as a covenant running with the land,
in any future deeds, leases, permits, licenses, and similar agreements r,t
entered into by the sponsor with other parties: (a) for the subsequent re. .a
transfer of real property acquired or improved under the Airport
Development Aid Program of the Federal Aviation Administration, and (b)
for the construction or use of or access to space on, over, or under
real property acquired, or improved under the said Airport Development
Aid Program.
7. That this assurance obligates the sponsor for the period during
which Federal financial assistance is extended to the program, except
where the Federal financial assistance is to provide, or is in the form
of, personal property, or real property or interest therein or structures
or improvements thereon, in which case the assurance obligates the sponsor
or any transferee for the longer of the following periods: (a) the
period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose in-
volving the provision of similar services or benefits, or (b) the period
during which the sponsor retains ownership or possession of the property.
8. The sponsor shall provide for such methods of administration
for the program as are found by the Secretary of Transportation or the s.
official to whom he delegates specific authority to give reasonable
guarantee that it, other sponsors, subgrantees, contractors, sub-
contractors, transferees, successors in interest, and other participants
1.11110111
Page 2
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of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the Act, the Regulations, and this
assurance. F
9. The sponsor agrees that the United States has a right to seek 401.1•4'
judicial enforcement with regard to any matter arising under the Act,
the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of ob-
tainingtaining any and all Fe d eral g rants, loans, contracts, property, dis-
counts,or other Federal financial assistance extended after the date
hereof to the sponsor by the Department of Transportation under the
Airport Development Aid Program of the Federal Aviation Administration
and is binding on it, contractors, subcontractors, transferees, suc-
cessors in interest and other participants in the ADAP Project No.
6-48-0227-03 . The person or persons whose signatures appear below
are authorized to sign this assurance on behalf of the sponsor.
ri‘e:%,>4
DATED August 24, 1977
City of Wichita. Falls
tiY^.
Sponsor)
by I .
Title City Manager
Attachments 1 and 2
Part 21, OST Regulations
9 -
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ATTACHMENT 1
During the performance of this contract, the contractor, for itself,
its assignees and successors in interest (hereinafter referred to as
the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with
the Regulations relative to nondiscrimination in Federally-assisted
programs of the Department of Transportation (hereinafter, "DOT") Title
49, Code of Federal Regulations, Part 21, as they may be amended from
time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract. 44-` <
2. Nondiscrimination. The contractor, with regard to the work
performed by it during the contract, shall not discriminate on the
grounds of race, color, or national origin in the selection and re-
tention of subcontractors, including procurements of materials and
leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the con-
tract covers a program set forth in Appendix B of the Regulations. •
3. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment. In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified
by the contractor of the contractor's obligations under this contract
rive:,-`and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.ra!"
4. Information and Reports. The contractor shall provide all
information and reports required by the Regulations or directives
issued pursuantpursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be
pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information the contractor shall so certify to the sponsor or the
Federal Aviation Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's
noncompliance with the nodiscrimination provisions of this contract,
pow
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the sponsor shall impose such contract sanctions as it or the Federal
Aviation Administration may determine to be appropriate, including, but L...
not limited to--
y-,
a. withholding of payments to the contractor under the
contract until the contractor complies, and/or
b. cancellation, termination, or suspension of the contract, i:in whole or in part.
6. Incorporation of Provisions. The contractor shall include the
provisions of paragraphs 1 through 5 in every subcontract, including t4-.
procurements of materials and leases of equipment, unless exempt by the iRegulationsordirectivesissuedpursuantthereto. The contractor shall
take such action with respect to any subcontract or procurement as the
sponsor or the Federal Aviation Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Pro- a"''er .c,vided, however, that, in the event a contractor becomes involved in, or 3;"'`'r.is threatened with, litigation with a subcontractor or supplier as a R,,.result of such direction, the contractor may request the sponsor to enterintosuchlitigationtoprotecttheinterestsofthesponsorand, in ad- dition, the contractor may request the United States to enter into suchlitigationtoprotecttheinterestsoftheUnitedStates. ppm
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ATTACHMENT 1 - Page 2 c:;
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ATTACHMENT 2 c'
The following clauses shall be included in all deeds, licenses, leases,
permits, or similar instruments entered into by the City of ft''Wichita Falls, Texas pursuant to the
provisions of Assurance 6(a).
The Alt'
grantee, licensee, lessee, permittee, etc. , as appropriate) forhimself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant andagree (in the case of deeds and leases add "as a covenant running withtheland") that in the event facilities are constructed, maintained, ors"- "
otherwise operated on the said property described in this (deed, license, itlease, permit, etc. ) for a purpose for which a Department of Transporta- ti
tion program or activity is extended or for another purpose involvingtheprovisionofsimilarservicesorbenefits, the (grantee, licensee,lessee, permittee, etc. ) shall maintain and operate such facilities and E ,...fservicesincompliancewithallotherremquirementsimposedosedpursuanttoTitle49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in isri,,,,,Federally-assisted programs of the Department of Transportation-Effec- t'e. .:,tuation of Title VI of the Civil Rights Act of 1964, and as said Regula- P ,
tions may be amended.
IMP
Include in licenses, leases, permits, etc. )*
a•,
That in the event of breach of any of the above nondiscrimination
covenants, City of Wichita Falls, Texas
shall have the right to terminate the (license, lease, permit, etc. ) andtore-enter and repossess said land and the facilities thereon, and holdthesameasifsaid (licenses, lease,
t
F:, __-permit, etc.) had never been made
or issued. 7,} =.
Include in deeds. )*
That in the event of breach of any of the above nondiscrimination
covenants, City of Wichita Falls, Texas
shall have the right to re-enter said lands and facilities thereon, and
the above described lands and facilities shall thereupon revert to and
vest in and become the absolute property of City of
Wichita. Falls. Texas and its assigns.
The following shall be included in all deeds, licenses, leases, permits,
a '
or similar agreements entered into by City of
Wichita Falls, Texas pursuant to the provisions of Assurance6 (b).
The (grantee, licensee, lessee, permittee, etc. , as appropriate)for himself, his personal representatives, successors in interest, and
a;" "'_
Page 1 ttw=
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assigns, as a part of the consideration hereof, does hereby covenant
r'
and agree (in the case of deeds and leases add "as a covenant running
with the land") that (1) no person on the grounds of race, color, or
rte--'
4•,.;
4iitnationaloriginshallbeexcludedfromparticipationin, denied the t• ,
benefits of, or be otherwise subjected to discrimination in the use 124.1..
of said facilities, (2) that in the construction of any improvements
on, over, or under such land and the furnishing of services thereon, 1
no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise 1i
be subjected to discrimination, (3) that the (grantee, licensee,
lessee, permittee, etc. ) shall use the premises in compliance with all
other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the L:' _
Secretary, Part 21, Nondiscrimination in Federally-assisted programs 5*.:,ofof the Department of Transportation-Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended.
7;' '.
Include in licenses, leases, permits, etc.)*
p.-`
fir......,
That in the event of breach of any of the above nondiscrimination
covenants, City of Wichita Falls, Texas R.
shall have the right to terminate the (license, lease, permit, etc. ) S
and to re-enter and repossess said land and the facilities thereon, and iiiiiholdthesameasifsaid (license, lease, permit, etc. ) had never been
made or issued.
r, ,Include in deeds.)*
That in the event of breach of any of the above nondiscrimination
covenants, City of Wichita Falls, Texas
shall have the right to re-enter said land and facilities thereon, and r;;
the above described lands and facilities shall thereupon revert to and
4.
1.—.1.:::
vest in and become the absolute property of City of
Wichita. Falls, Texas and its assigns.*
Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate the
purposes of Title VI of the Civil Rights Act of 1964.
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RULES AND REGULATIONS
Title 49-TRANSPORTATION" Appendix A: Activities to which this part §21.5 Discrimination prohibited.
applis.
Subtitle A—Office of the Secretary of Appendix 13: Activities to which this part (
a) General: No person in the United
Transportation applies wren a primary objective States shall, on the grounds of race,
of the Federal financial assistance color, or national origin be excluded
IOST Docket No.18] is to provide employment. from participation in, be denied the
PART 21—NONDISCRIMINATION IN Appendix C: Application of Part 21 to car-
benefits of, or be otherwise subjected
FEDERALLY-ASSISTED PROGRAMS taln.Federat financial assistance of
discrimination under,any program to i''
the Department of Transportation. which this part Bpplies.
OF THE DEPARTMENT OF TRANS-
Avrsoarrr: The provisions.of this Part 21 (
b) Specific discriminatory actions
A,
PITLE VI
ON—EFFECTUATION OF .issued under sec.609 of the Civil Rights Act
prohibited:
recipient under any program toTITLEVIOFTHECIVILRIGHTSACTof1964(4917.9.C.2000d-1),
which this part applies may not,directlyOF196421.1 Purpose. or through contractual or other arrange- •
The purpose of this amendment adding The purpose of this part is to effec- merits,on the grounds of race,color,or
Part 21 to the Regulations of the Office tuate the provisions of title VI of the national origin—
of the Secretary of Transportation is to Civil Rights Act of 1964 (hereafter re-I) Deny a person any service, finan-
implement section 601 of the Civil Rights ferred to as the Act) to the end that no cial aid,or other benefit provided under
Act of 1964. person in the United States shall,on the the program;
Section 601 of the Civil Rights Act of grounds of race, color, or national ori- (h> Provide any service,financial aid,
1964 forbids discrimination on the or other benefit to r.person which is dif-gin, be excluded from participation in, t.r...r
grounds of race,color,or national origin be denie he benefits of,or be otherwise ferent,or is provided in a different man- t;-"^,s.'
under any program or activity that re- ner, from that provided.to others undersubjectedtodiscriminationunderany
ceives Federal financial assistance. Sec- program or activity receiving Federal theprog:am;
tion 602 of the Act authorizes and di- iii) Subject a person to segregationfinancialassistancefromtheDepartment f, _t.«,s.recta each Federal department or agency of Transportation. or separate treatment in any matter
that is empowered to assist any program related to his receipt of any service,
or activity to issue regulations ample- §21.3 Application of this part. financial aid,or other benefit under the
menting section 601. Accordingly, the (a) This part applies US any program Program;F
Department is adopting Part 21 to ac- for which Federal financial assistance ' (iv) Restrict a person in any way in
complish this legislative directive. Since is authorized under a law administered the enjoyment of any advantage or 4.w.,•',.,
this regulation will cover the subject for by the Department, including the privilege enjoyed by others receiving any
the entire Department, including its op- federally assisted programs and activi- service, financial aid, or other benefit
1°`'X"''
erating administrations,the applicability ties listed in Appendix A to this part.It under the program;
of Part 8 of Title 15,Code of Federal Reg- also applies to money paid, property • (v) Treat a person differently from
stations (Department of Commerce),to transferred, or other Federal financial ,others in determining whether he satin-
the Department of Transportation is assistance extended under any such pro- ties any admission, enrollment, quota, .-.,
hereby terminated. The separate regu- gram after the effective date of this part eligibility,membership,or other require- r+''!.
lations of the U.S.Coast Guard (33 CFR Pursuant to an application approved be- ment or condition which persons must
Part 24) and the Federal Aviation Ad- fore that effective date. This part does meet in order to be provided any service,
ministration (14 CFR Part 15) will be not apply to: financial aid, or other benefit provided
canceled by separate actions of those (1) Any Federal financial assistance under the program; or
organizations. by way of insurance or guaranty (vi) Deny a person an opportunity to rSincethisamendmentrelatestograntcontracts; participate in the program through the
programs, notice and public procedures (2) Money paid,property transferred, provision of services or otherwise or - , ',"
thereon are not required and it may be or other assistance extended under any afford him an opportunity to do so which
made effective in less than 30 days. such program before the effective date is different from that afforded others
In consideration of the foregoing,Sub- of this part,except where such assistance under the program.o.title A of Title 49 of the Code of Federal was subject to the title VI regulations of (2) A recipient, in determining theRegulationsisamendedbyaddinganewanyagencywhoseresponsibilitiesaretypesofservices, financial aid, or other. P:: ...,..-•Part 21, as follows, effective June 18, now exercised by this Department; benefits, or facilities which will be pro-1970•
vided under any such program, or the3) Any assistance to any individualThisamendmentismadeundertheau- who is the ultimate beneficiary under class of person to whom,or the situationsthorityofsection602oftheCivilRightsanysuchprogram;or in which, such services, financial aid,. momActof1964 (42 U.S.C. 2000d-1) and the (4) Any employment practice, under other benefits, or facilities will be pro-Iawareferred to in Appendix A. vided under any such program, or thePursuanttosection602oftheCivilanysuchprogram,of any employer,em-
class of persons to be afforded an oppor-Rights Act of 1984 (42 U.S.C. 2000d-1),
ployment agency, or labor organization,
tunity to participate in any such pro-this regulation has been approved by the except to the extent described in
f 31.5(c). gram; may not,directly or through con-President. tractual or other arrangements, utilizeThefactthataprogramoractivityiscriteriaormethodsofadministration f •Issued in Washington,D.C.,on June 10, not listed in Appendix A to this part which have the effect of subjecting per-1970. shall not mean, if title VI of the Act Ls. sons to discrimination because of theirJOHNA.Vor rs,otherwise applicable, that such program race, color, or national origin, or haveSecretaryoJTransportaHon. is not covered. Other progralrls under the effect of defeating or substantially.
Purpose
statutes now in force or hereinafter en- impairing accomplishment of the ob-acted may be added to Appendix A to jectives of the program with respect to21.9 Application of thle past. this per. Individuals of a particular race, color,21.8 Discrimination prohibited.
b) In any program receiving'21.7 Assurances required. ving Federal or national origin.
21.9 Compliance information.financial assistance in the form, or for (8) In determining the site or loca-N`.- ; -91.11 Conduct of investigations. Ithe acquisition, of real property or an tion of facilities,a recipient or applicant21.19 Procedure for effecting compliance Interest in real property, to the extent \ may not make selections with the pur- r' •21.15 Hearings. that rights to space on, over, or under pose or effect of excluding persons from,
may.
21.17 Decisions and notices. env such property are included as part denying them the benefits of,or subject-21.19 Judicial review. of the program receiving that assistance,9191 affect other regulations,forms,and 'the nondiscrimination requirement of program
too
discrimination
this regulation
ttio
apply9128DeIInittomsthisPartshallextendtoanyfacilityonthegroundsofrace,color,or nationallocatedwhollyorInpartinthatspace. brig-in; or with the purpose or eZocit of
s' ,f•
FEDERAL REGISTER, VOL 35, NO.-118--THURSDAY, JUNE'1/, .1970
pun
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s
RULES AND REGULATIONS. ' pg,t;;..-.
defeating or substantially impairing the
acceaipllshment of the objectives of the
origin in the
other pens prsubjec of (2) In the case where Federal linen-
fomtherecipientorotherpersonssubjecttocialassistanceisprovidedtotheform 4;"•?;"-''''-'Act or this part. the regulation tends,on the grounds of of a transfer of real property,structures,4) As used in this section the sere- race,color,or national origin, to exclude. or improvements thereon, or interest
ices,financial aid,or other benefits pro- individuals from participation in, to therein, from the Federal Government.
vided under a program receiving Federal deny them the benefits of, or to subject the instrument effecting or recording the j .financial assistance include any service, them to discrimination under any pro- transfer shall contain a covenant run-. L+.r.....
financial aid, or other benefit provided gram to which this regulation applies,g with the land assuring nondlscrim- i:''
in or through a facility provided with the proviswns of subparagraph (1) of., illation for the period during which the yf ,
the aid of Federal financial assistance. this paragraph shall apply to the em- real property is used for a purpose for
5) The enumeration of specific forms 4.of prohibited discrimination is this
Dloyment practices of the recipient or' which the Federal financial assistance is e.•i
other persons subject to the regulation, extended or for another purpose involy-
paragraph does not limit the generality to the extent necessary to assure equal- ing the provisiori.of.similar services or
of the prohibition in'paragraph (a) of Hy of opportunity to,and nondiscrimina- benefits. Where no transfer of property.
this section. tom treatment of, beneficiaries. or interest therein from the Federal Gov-
6) Examples demonstrating the ap- !d) A recipient may not make a elec- eminent is involved, but property Is ac-
placation of the provisions of this section Mon of a site or location of a facility if qulred or improved under a program of hi-;to certain programs of the Department the purpose of that selection,or its effect- Federal financial assistance, the recip-
of Transportation are contained in AP- when made, is to exclude individuals lent shall agree to include such cove-
pendix C of this part. from participation in, to deny them the nant in any subsequent transfer of such
7) This part does not prohibit the benefits of, or to subject them to dis- property.When the property is obtained Lconsiderationofrace, color, or national crimination under armY,, program or ac- from the Federal Government, such
origin if the purpose and effect are to tivity to which this rule applies, on the covenant may also include•a condition ks
remove or overcome the consequences of grounds of race, color, or national coupled with a right to be reserved by the
y1practicesorimpedimentswhichhavere- origin; or if the purpose is to,or its effect Department to revert title to the prop- k..stricted the availability of, or participa- when made will,substantially impair the erty in the event of.a breach of the cove-
irigf•Itionin,the program or activity receiving 'accomplishment of the objectives of this nant where, in the discretion of the
Federal financial assistance, on the 'part. Secretary,such a condition and right of
grounds of race,color,or national origin. reverter is appropriate to the program
Where previous discriminatory practice §21.7 Assurances required. under which the real property is ob-
or usage tends, on the grounds of race, • (a) General.(1) Every application for tameded and to the nature of the grant and.
color.or national origin,to exclude indi- Federal financial assistance to carry out the grantee. In such event if a trans-• •
viduals from participation in, to deny a program to which this part applies, feree of real property proposes to•mort- aTr:i;'i,,
them the benefits of,or to subject them except a. program to which paragraph gage or otherwise encumber the real
to discrimination under any program or (b) of this section applies,and every ap- Property as security for financing con-
activity to which this part applies, the placation for Federal financial assistance struction of new, or improvement of ex-
applicant or recipient has an obligation 'to provide a facility shall,as a condition !sting, facilities on.such property for Ch' 't`
to take reasonable action to remove or to'its approval and the extension of any the purposes for which the property was r;
overcome the consequences of the prior Federal financial assistance pursuant transferred, the Secretary may agree, R`M.•,,.,discriminatory practice or usage, and to to the application,contain or be accom- upon request of the transferee and if
accomplish the purposes of the Act.panted by, an assurance that the pro-• necessary to accomplish such financ-
c) Employment practices:gram will be conducted or the facility op- ing. and upon such conditions. as he
1) Where a primary objective of a •
crated in compliance with all require- deems appropriate, to subordinate such
program of Federal financial assistance
ments imposed by or pursuant to this right of reversion to the lien of such
to which thhy part applies is to provide
part. Every program of Federal linen- mortgage or other encumbrance. sr,
employment, a recipient or other party
cial assistance shall require the submis- (b) Continuing State programs.Every
subject to this part shall not,directly or
sion of such an assurance. In the case application by a State or a State agency
through contractual or other arrange-where the Federal financial assistance to carry out a program involving con-
menu, subject a person to discriminar
is to provide or is in the form of personal timing Federal financial assistance to
tion on the ground of race, color, or property, or real property or interest which this part applies (including the
national origin in its employment prat-
therein or structures thereon,the assur- programs listed in Appendix A to this
ante shall obligate the recipient, or, in part) shall as a condition to its approvalticesundersuchprogram (including re-
the case of a subsequent transfer, the and the extension of any Federal finan-cruitment or recruitment advertising, transferee, for the period during which cial assistance pursuant to the applica-hiring,firing, upgrading,promotion, de- the property is used for a purpose for tion (1) contain or be accompanied bymotion, transfer, layoff, termination,
which the Federal financial assistance is a statement that the program is (or, rates of pay or other forms of compensa-
extended or for another purpose involv- in the case of a new program, will beEtonorbenefits,selection for training or
ing the provision-of similar services or conducted in compliance with all re-apprenticeship, use of facilities, and benefits, or for as long as the recipient quirements imposed by or pursuant totreatmentofemployees).Such recipient
shall take affirmative action to insure
retains ownership or possession of the this part, and (2) provide or be accom-
that applicants are employed, and em-
property, whichever is longer. In all panted by provision for such methods•
ployees are treated during employment,
and
en£,
other cases the assurance shall obligate of administration for the program as
without regard to their race, color; ar .
the recipient for the period during which are found by the Secretary to give
national
regard
The irgrice, color;
ear
Federal financial assistance is extended reasonable guarantee that the applicant
Datable to construction employment un-
to the program. In the case where the and all recipients of Federal financial
corn-der
ble
such program shall be those
assistance is sought for the construction assistance under such program will corn-
derciany suchh
pursuant
shall
Part III
those
of a facility or part of a facility,the as- ply with all requirements Imposed by or
Executive Order 11248 or any Executive
surance shall in any event extend to the pursuant to this part.
order which supersedes it. entire facility and to facilities operated §
21.9 Com liance information.in connection therewith. The Secretary p
2) Federal financial •assistance to shall specify the form of the foregoing (a) Cooperation and assistance. The
programs under laws funded or admin- assurances for each program, and the Secretary shall to the fullest extent
istered by the Department which have extent to which like assurances will be practicable seek the cooperation of re
as a primary objective the providing of required of subgrantees,contractors and cipients in obtaining compliance with
employment include those set forth In •subcontractors,transferees,successors in this part and shall provide assistance
Appendix B to this per• interest, and other participants in the and guidance to recipients to help them
3) Where a primary objective of the program. Any such assurance shall in- comply voluntarily with this part.
rr
Federal financial assistance is not to elude provisions which give the United (b) Compifatice reports. Each recip-
provide employment, but discrimination States a right to seek its judicial lent shall keep such records and submit
on the grounds of race,color,or national 'enforcement, • to the Secretary timer'', complete, and
t HGiti fit..VOt, W NQ 1M1i.-•1M NNfVasimv =11.•197/it' '
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RULES AND REGULATIQt6 r::
accurate compliance reports at such inform the recipient and the matter will (2) There has been an express ending sb
times, and in such form and containing be resolved by informal means whenever on the record,after opportunity for hear-
such information, as the Secretary may
kr..' •`
possible. U it has been determined that ing, of a failure by the applicant or re- Ix..4.
determine to be necessary to enable aim the matter cannot be resolved by in- cipient to comply with a requirement 1m-a%te:;:'•n'
to ascertain whether the recipient has formal means, action will be taken as posed by or pursuant to this part; t "•
complied or is complying with this part. provided for in 3 21.13. 3) The action has been approved by
In the case of any program under which (2) If an investigation does not war- the Secretary pursuant to¢21.17(e); and
a primary recipient extends Federal rant action pursuant to subparagraph (4) The expiration of 30 days after trrrrrnr
financial assistance to any other recip- (1) of this paragraph the Secretary will the Secretary has filed with the comma- y,
tent,such other recipient shall also sub-
i
so inform the recipient and the complain- tee of the House and the committee of
mit such compliance reports to the ant,if any,in writing.
the Senate having legislative jurisdie- 7.k. •
primary recipient as may be necessary to (
e) Intimidatory or retaliatory acts
tion over the program involved, a full Y_
enable the primary recipient to carry out prohibited. No recipient or other per-
written report of the circumstances and
its obligations under this part. son shall intimidate, threaten,coerce,or
the grounds for, such action.
c) Access to sources of information. discriminate against any individual for Any action to suspend or terminate or
Each recipient shall permit access by the purpose of interfering with any right to refuse to grant or to continue Federal
the Secretary during normal business
or privilege secured by section 601 of the financial assistance shall be limited to
hours to such of its books, records, ac- Act or this part,or because he has made the particular political entity, or part
counts, and other sources of informa-
a complaint, testified, assisted, or par- thereof, or other applicant or recipient
M'_
tion, and its facilities as may be ticipated in any manner in an investiga- as to whom such a finding has been made I.
pertinent to-ascertain compliance with tion, proceeding, or hearing under thi riaid-ShaTriceliinited in its effect to the
this part. Where any information re-
part.The identity of complainants shall particular program, or part thereof, in
quired of a recipient is in the exclusive be kept confidential except to the extent which such noncompliance has been so I'ii•,•
possession of any other agency, institu-
necessary Eo carry out the purposes of found.
tion. or person and this agency, institu-
ti .
this part, including the conduct of any (d) Other means authorized by law.
tion,or person fails or refuses to furnish investigation, hearing, or judicial pro- No action to effect compliance with title
this information, the recipient shall so
ceeding arising thereunder. VI of the Act by any other means au-
certify in its report and shall set forth thorized by law shall be taken by this
what efforts it has made to obtain the §21.13 Procedure for effecting com- Department until—
information. pliance. 1) The Secretary has determined that
d) Information to beneficiaries and (a) General. If there appears to be a compliance cannot be secured by t•
participants. Each recipient shall make failure or threatened failure to comply voluntary means; yw
available to participants, beneficiaries, with this part,and if the noncompliance (2) The recipient or other person has g;i
and other interested persons such in- or threatened noncompliance cannot be been notified of its failure to comply
formation regarding the provisions of corrected by informal means,compliance and of the action to be taken to
this part and its applicability to the with this part may be effected by the sus- effect compliance;and
program under which the recipient re- pension or termination of or refusal to (3) The expiration of at least 10 days lrti."*"'
ceives Federal financial assistance, and grant or to continue Federal financial from the mailing of such notice to the •:.:'..•4,a;.,
make such information available to assistance or by any other means au- recipient or other person. During this s' '
them in such manner, as the Secretary thorized by law. Such other means may period of at least 10 days, additional irr•• ••_'"
finds necessary to apprise such persons include, but are not limited to, (1) a efforts shall be made to persuade the IWO
of the protections against discrimina- reference to the Department of•Justice recipient or other person to comply with
tion assured them by the Act and this with a recommendation that appropriate the regulation and to take such corrective
part, proceedings be brought to enforce any action as may be appropriate. i+f as
22].11 Conduct of invc-Ligation..
rights of the United States under any law §21.15 Hearings.
of the United States (including other (
a) Opportunity for hearing. When- w '
a) Pcriodic compliance reviews. The titles of the Act), or any assurance or
Secretary shall from time to time re- other contractual undertaking, and (2) ever an opportunity for a hearing is i.
view the practices of recipients to deter- any applicable proceeding under State required by ¢21.13(c),reasonable notice
mine whether they are complying with. or local law. shall be given by registered or certified L,
this part. b) Noncompliance with 1 21.7. If an
mail, return receipt requested, to the
b) Complaints. Any person who be-
affected applicant or recipient. This no- k7='•;
applicant fails or refuses to furnish an tice shall advise the applicant or re- k' a .r
lieves himself or any specific class of assurance required under I 21.7 or other- ti ri::..cipient of the action proposed to, be
persons to be subjected to discrimination wise fails or refuses to comply with a re- taken,the specific provision under which
1,, 1,#'
prohibited by this part may by himself quirement imposed by or pursuant to the proposed action against it is to be Flinn
or by a representative file with the Sec- that section,Federal financial assistance taken, and the matters of fact or law
retary a written complaint. A complaint may be refused in accordance with the asserted as the basis for this action, and
must be filed not later than 90 days after procedures of paragraph (c) of this sec- either (1) fix a date not less than 20
the date of the alleged discrimination, tion. The Department shall not be re- days after the date of such notice within
unless the time for filing is extended by quired to provide assistance in such a which the applicant or recipient may
the Secretary. case during the pendency of the adminis- request of the Secretary that the matter
1+
c) Investigations. The Secretary will trative proceedings under such Para-
make a prompt investigation whenever graph. However, subject to 1 21.21, the the
scheduled for hearing
that the mattertheapplicantorrecipientthatthematter
a compliance review, report, complaint, Department shall continue assistance in question has been set down for hear-
or any other information indicates a during the pendency of such proceedings ing at a stated place and time.The time
possible failure to comply with this part. where such assistance is due and pay- and place so fixed shall be reasonable
The investigation will include, where able pursuant to an application approved. and shall be subject to change for cause.
appropriate, a review of the pertinent prior to the effective date of this part. The complainant,if any,shall be advised
practices and policies of the recipient, • (c) Termination of or refusal to grant of the time and place of the hearing.An
the circumstances under which the Dos- or to continue Federal financial assist- applicant or recipient may waive a
sible noncompliance with this part oc- ante. No order suspending, terminating, hearing and submit written information
curred, and other factors relevant to a or refusing to grant or continue Federal and argument for the record.The failure
determination as to whether the recip- financial assistance shall become effec- of an applicant or recipient to request
fent has failed to comply with this part. Live until— a hearing under this paragraph or to
d) Resolution of matters. (1) If an (1) The Secretary has advised the ap- appear at a hearing for which a date i'•' ` •
investigation pursuant to paragraph (c) pi'.cant or recipient of his failure to corn- has been set shall be deemed to be a l! •
of this section indicates a failure to com- ply and has determined that compliance waiver of the right to a hearing under
ply with this part, the Secretary will 50 cannot be secured by voluntary means; section 602 of the Act and 121.13(c) and
FEDERAL REGISTER, VOL 35, NO. 112—THURSDAY, JUNE 12, 1970 gVI,ti re
jti;.tl
y x...
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VilYf,ot. .-,
4 i' t , -„3- • h._ to f'- t 3 F
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4.a=r<'.c+e=.i's ,.,,Ft.: "•` .. ? _
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RULES AND REGULATFONS t7-
consent to the making of a decision on conditions, and other provisions as are tom,
the basis of such information as is'
21.17 Decisions and notices.
consistent with and will effectuate the
available. a) Procedure on decisions by hearing purposes of the Act and this part,includ-
b) Time and place of hearing.Hear- examiner. If the hearing is held by a ing provisions designed to assure that no tr ;',
ings shall be held at the offices of the hearing examiner, the hearir,s examiner Federal financial assistance will there-
Department in Washington, D.C., at a shall either make an initial decision,if so after be extended under such programs
authorized, or certify the entire record to the applicant or recipient determinedtimefixedbytheSecretaryunlesshe
including his recommended findings and by such decision to be in default in itsdeterminesthattheconvenienceofthe
proposed decision to the Secretary for i,•'applicant or recipient or of the Depart- performance of an assurance given by it, r
went requires that another place be final decision, and a copy of such initial pursuant to this part, or to have other- 1'.;s.1selected. Hearings shall be held before decision or certification shall be mailed wise failed to comply with this part,
the Secretary,or at his discretion,before to the applicant or recipient. Where the unless and until it corrects its noncom- 9'*4;
a hearing examiner appointed in ac- initial decision is made by the healring pliance and satisfies the Secretary that
cordance with section 3105 of title 5, examiner the applicant or recipient innay, it will fully comply with this part.
United States Code, or detailed under within 30 days after the mailing of such (g) Post termination proceedings. (1)
section 3344 of title 5, United States notice of'initial decision, file with the An applicant or recipient adversely af-
Code.Secretary his exceptions to the'initial fected by an order issued under pare- yn `i'c) Right to counsel. In all proceed- decision, with his reasons therefor. In graph (f) of this section shall be restored
the absence of exceptions, the Secretary
c
ings under this section, the applicant or ary to full eligibility to receive Federal titan-
recipient and the Department shall have may, on his own motion, within 45 days cial assistance if it satisfies the terms
the right to be represented by counsel. after the initial decision, serve on the and conditions of that order for such Liallirlilld) Procedures, evidence, and record. applicant or recipient a notice that he eligibility or if it brings itself into corn-
1) The hearing, decision, and any ad- will review the decision. Upon the filing pliance with this part and provides rea- r F..1ministrativereviewthereofshallbecon- of such exceptions or 6f1notice of review, •sonable assurance that it will fully
ducted in conformity with sections 554 the Secretary shall review the initial de- comply with this part.'46
through 557 of title 5, United States cision and issue his own decision thereon (2) Any applicant or recipient ad-
Code,and in accordance'with such rules including the reasons therefor.In the ab- • verselv Rif ected.by an order entered pur-
of procedure as are proper (and not in- sence of either exceptions or a notice of suant to paragraph (f) of this section
consistent with this section) relating to review the initial decision shall, subject may at any time request the Secretary
the conduct of the hearing, giving of to paragraph (e) of this section, consti- to restore fully its eligibility to receive
ti.notices subsequent to those provided for tute the final decision of the Secretary. Federal financial assistance. Any such
in paragraph (a) of this section, taking (b) Decisions on record or review by request shall be supported by informa- rF;S`
of testimony, exhibits, arguments and the Secretary.Whenever a record is cer- tion showing that the applicant or i k-;briefs, requests for findings, and other tilled to the Secretary for decision or he recipient has met the requirements of
related matters. Both the Department reviews the decision of a hearing exam- subparagraph (1) of this paragraph. If
and the applicant or recipient shall be iner pursuant to paragraph (a) of this the Secretary determines that those re-
entitled to introduce all relevant evi- section, or whenever the Secretary con- quirements have been satisfied, he shall r_.,
Bence on the issues as stated in the notice ducts the hearing,the applicant or recip- restore such eligibility.
for hearing or as determined by the offi-, tent shall be given reasonable oppor- (3) If the Secretary denies any such
cer conducting the hearing at the outset tunity to file with him briefs or other request, the applicant or recipient may f:, .''`'
of or during the hearing. written statements of its contentions,and submit a request for a hearing in writ-
2) Technical rules of evidence do not a written copy of the final decision of the ing, specifying why it believes such
apply to hearings conducte''pursuant to Secretary shall be sent to the applicant official to have been in error. It shall ythispart,but rules or principles designed asr recipient and to the complainant, if thereupon be given an expeditious hear- o.".'"to assure production of the most credible Ar=Y• ing, with a decision on the record in ac-
evidence available and to subject testi- (c) Decisions on record where a hear- cordance with rules or procedures issued e+a:;"1/4.
mony to test by cross-examination shall jny is waived. Whenever a hearing is by the Secretary. The applicant or re-
be applied where reasonably necessary by waived pursuant to g 21.15, a decision ciplent will be restored to such eligibility
the officer conducting the hearing. The shall be made by the Secretary on the if it proves at such a hearing that it
hearing officer may exclude irrelevant, record and a written copy of such deci- •satisfied the requirements of subpara-
Immaterial, or unduly repetitious evi- sion shall be sent to the applicant or graph(1) of this paragraph.
dence.All documents and other evidence 'recipient, and to the complainant, if While proceedings under this paragraphofferedortakenfortherecordshallbeanY• are pending, the sanctions imposed byopentoexaminationbythepartiesand . (d) Rulings required.Each decision of the order issued under paragraph (f) ofdpportunityshallbegiventorefutefactsahearingexaminerortheSecretarythissectionshallremainineffect.and arguments advanced on either side of shall set forth his ruling on each find-
the issues.A transcript shall be made of ing, conclusion, or exception presented, 21.19 Judicial review.
the oral evidence except to the extent the and shall identify the requirement or ' Action taken pursuant to section 602
substance thereof is stipulated for the requirements imposed by or pursuant to pf the Act is subject to Judicial review
record.All decisions shall be based upon 'this part with which it is found that the 'as provided in section 603 of the Act.4.•..-the hearing record and written findings applicant or recipient has failed to 21.21 Effect on other regulationshallbemade. comply.s,
forms, and instructions.e) Consolidated or joint hearings.In (e) Approval by Secretary. Any final
a) E$ect on other regulations. AllcasesinwhichthesameorrelatedfactsdecisionbyanofficialoftheDepartment,
regulations, orders, or like directionsareassertedtoconstitutenoncomplianceotherthantheSecretarypersonally,
issued before the effective date
directions
thiswiththis.part with respect to two or. which provides for the suspension or
part by any officer of the Departmentmoreprogramstowhichthispartapplies, termination of, or the refusal to grant
which Imposee requirements designed to
regulations of one or more other Federal or the imposition of any other sanction prohibit any discrimination against indi-
departments or agencies issued under. available under this part or the Act,shall viduals on the grounds of race, color, or
title VI of the Act, the Secretary may, promptly be transmitted to the Secre- national origin under any program to
by agreement with such other depart tary personally, who may approve such which this part applies, and which
ments or agencies,where applicable,pro- decision,may vacate it,or remit or mill.- authorize the suspension or termination
vide for the conduct of consolidated or gate any sanction imposed. of or refusal to grant or to continue
joint hearings, and for the application (f) Content of orders.The final deci- Federal financial assistance to any appli-
cantsuchhearingsofrulesorproceduressionmayprovideforsuspensionor
for or recipient of such assistance
y
not inconsistent with this part.Final de- termination of, or refusal to grant or under such program for failure to com-
cisions in such cases,insofar as this reg- continue.Federal financial assistance,in ply with such requirements, are hereby
elation is concerned,shall be made in ac- whole or in part,wider the program in- superseded to the extent that such dis-
cordance with g 21.17.volved, and may contain such terms, crimination. is prohibited by this part,
y_
FEDERAL,LSOISTER,,.VI. 5, NO. 11 e—THURSDAY, JUNE 1 E, 191b' ri:n
ppm
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i
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4-4- ---i*- . ,+,r-h- -0-.., ,,• ,,_ c.-•:t , Y. . • a -;',
RULES' AND REGULATIONS
except that nothing in this part may be consideration or at a nominal considera- of-way covering real property under control
considered to relieve any person of any tion, or at a consideration which is re- or the Coast Guard (14 U.S.C. 93 (n) and kr.;,,• `•
obligation assumed or imposed under any, duced for the purpose of assisting the (o)1.
such superseded regulation, order, in- recipient, or in re ;;nation of the public a. Utilization of Coast Guard personnel F'- -.:
siruation, or like direction before the interest to be sen i d by such sale or lease and facilities by any State, territory, pos.
effective date of this part. Nothing in to the recipient: and seaslon, or pouttcai subdivision thereof (14
U.S.O 141(a)).
of Cothispart, however, supersedes any of (5) Any Federal agreement, arrange- g. Use of Coast Guard personnel for duty snas s
the following (including future amend- ment,or other contract which has as one in connection with maritime Instruction S•%fitmenns. thereof): (1) Executive Order of its purposes the provision of assist- and training by the States, territories, and
1124G (3 CFR, 1905 8upp•. p. 167) and anco. Puerto Rico (14 U.S.C. 148).1 .
regulations issued thereunder or (2) any (d) "Primary recipient" means any 7. Use of obsolete and other Coast Ounrd r
other orders,regulations,or instructions, recipient that Ss authorized or required material by sea scout service of Boy Scouts .fi t.
insofar as such orders, regulations, or to extend Federal financial assistance to of America, any Incorporated unit of the
Instructions prohibit discrimination on another recipient for the purpose of Coast Guard auxiliary, and public body or •
Private
U.S.C.
641za)).
not organized for profit ithegroundofrace, color, or national carrying out a program.14 C. 641(a)).
origin in any program or situation to (e) "Program"includes hny program, 8. U.S.Coast Guard Auxiliary Program (14. , =''e
which this part is inapplicable, or pro- protect, or activity for the provision of u.s.c.821-832). 41"•-j''''
hibit discrimination on any other services, financial aid, or other benefits 9. Use of grants for the support of basic N..Y"
ground. to individuals (including education or scientific research by nonprofit Institutions
b) Forms and instructions. The Sec- training, health, welfare, rehabilitation, of higher education and nonprofit organiza-
retary shall issue and promptly make housing, or other services, whether pro-
tions whose primary purpose Is conduct of i
available to all interested persons forms vided through employees of the recipient
scientific research (42 U.S.C. 1891).Ifore!!"'
s 10. Use of grants made in connection(
secs.
with r4As; 'and detailed instructions and procedure of Federaf inancial assistance or pro- the Federal-aid Airport Program (secs. 1-15foreffectuatingthispartasappliedtovidedbyothersthroughcontractsorand17-20 of the Federal Airport Act, 49 Crt .,his
programs to which this part applies and other arrangements with the recipient, u.s.c.1101-1114,1116-112o).
for which he is responsible. and including work opportunities),or for 11. Use of U.S. land acquired for public 11.4$4'o
c) Supervision and coordination.The the provision of facilities for furnishing airports under- tells
Secretary may from time to time assign services, financial aid or other benefits a. Section 1e of the Federal Airport Act,
to officials of the Department,or to offi- to individuals.The services,financial aid, 49 U.S.C. 1115: and
b.
of the Government
departments
a consent
ies or other benefits provided under a pro- Surp usP pertypA tyoft19444.50 II s.c.App t` •
gram receiving Federal financial assist- 1622(g),and sec.3 of the Act of Oct.1, 1949, r `^"'•
such departments or agencies, responsi- ante shall be deemed to include any so U.S.C.App.1622b).bilities in connection with the effectua- services, financial aid, or other benefits 12. Activities carried out In connection 4
tion of the purposes of title VI of the provided with the aid of Federal finan- with the Aviation Education Program of the
Act and this part (other than responsi- .cial assistance or with the aid of any Federal Aviation Administration under sec-
bllity for final decision as provided in non-Federal funds, Lions 305, 311, and 313(a) of the Federal r
I
property, or other r e.4:e,;21.17), including the achievement of resources required to be expended or 346, 1352,and 13541a)).
u amended (40 U.S.C. f r• •
effective coordination and maximum made available for the program to meet 3. use of grants and loans made to con- i.10.:"...-:-....:',
uniformity within the Department and matching requirements or other condi- nection with Urban Mass Transportation e,. •,
within the Executive Branch of the tions which must be met in order to re- Capital Facilities Grant and Loan Program-Government in the application of title ceive the Federal financial assistance, Urban Mass Transportation Act of 1964,VI and this part to similar programs and and to include any services,financial aid, es amended(49 U S.C.1602).
In similar situations. Any action taken, or other benefits provided in or through a 14. Use of grants made in connection with Y.,rdeterminationmadeorrequirement1mfacilityprovidedwiththeaidofFederalUrbanMassTransportation (Research and
posed by an
or agency acting
of
pursuant
depart-
an
financial assistance or such non-Federal Demonstration
nsportation Act nof 1964,
Program-Urban
as amended
f(
49 w% t•
assignment of responsibility under this
resources. US.C.180a).
f) "Recipient" may mean any State, 16. Use of grants made in connection withparagraphshallhavethesameeffectas •territory, possession, the District of Urban Mass Transportation Technical Stud-though such action had been taken by Columbia, or Puerto Rico, or any pout- les Grant Program-Urban Mass Transports.
the Secretary of this Department. teal subdivision thereof, or instru- tion Act of 1964, as amended (49 U.S.C.
21.23 Definitions,mentality thereof, any public or private 1607a).
agency, institution, or organization; or
18. Use of grants made in connection with r.-?'
s'Unless the context requires otherwise, other entity, or any individual, in any Urban Mass Transportation Managerial
as used in this part- State, territory, possession, the District Transportationonntct of 1 64, asIIamamended 49 )a) "Applicant" means a person who P 49
submits an application, request, or plan
of Columbia, or Puerto Rico, to whom U.S.9. 1607b).
required to
application,pp cation
by the Secretary,
Federal financial assistance is extended, 17. Use of grants made in connection with
directly or through another recipient, Urban Mass Transportation Grants for Re-or by a primary recipient,as a condition for any program, including any suttee- search and Training Programs in Institu-to eligibility for Federal financial assist-
sor, assignee, or transferee thereof, but tions of Higher Learning-Urban Masa
ante, and "application" means such an such term does not include any ultimate Transportation Act of 1964, as amended (49 v o
cppiication,request,or plan.beneficiary under any such program.
U.S.C.1607c).
b) "Facility"includes all or any part (g) "Secretary" means the Secretary the High
of grants made In connection with
of structures, equipment, or other real gh Speed Ground Transportation Act.
or
structures,
property or interests therein,
of Transportation or, except in 1 21.17 as amended(49 U.S.C.631-642),Personal p p y has(e), any person to whom he h dele- and the provision of facilities includes APPENDai Bgatedhisauthorityinthemattertheconstruction, expansion, renovation,
concerned. ACTIVITIES TO WHICH THIS PART APPLIES WHEN
remodeling, alteration or acquisition of A PRIMARY OBJECTIVE or THE FEDERAL EINAN-
facilities, APPENDIX A CIAL ASSISTANCE IS TO PROVIDE EMPLOYMENT
c) "Federal financial assistance"in- ACTIVrrIE3 TO WHICH THIS PART APPLIES 1. Appalachia Regional Development Act of
LCrudes:
1. IIse of grants made fa connection with
1965(40 U.S.C.App.1 et eeq.),
funds;
Grants and loans of Federal Federal-aid highway systems (23 IIs.C. 101 APPENDIX C
Et aeQ.). AppI.ICATION OP PART 21 TO CERTAIN FEDERAL(2) The grant or donation of Federal 2. Use of grants made in connection with FINANCLV, ASSISTANCE OP THE DEPARTMENTpropertyandinterestsinproperty: the Highway Safety Act of 1966 (23 U.S.C. OF TRANSPORTATION
3) The detail of Federal personnel: 401 et seq.).
Nondiacrim(nation on Federall(4) The sale and lease of, and the 3. Uae of grants in connection with the Y A,a(,tea
permission to use(on other than a casual
National Traf9c and Motor vehicle Safety Profecta
Act of 1986 (15 U.S.C. 1301-1409,1421-1426). (a) Examples. The following examples,or transient basis), Federal property or 4. Lease of real property and the grant without being exhaustive, illustrate the ap-any Interest in such property without, of permits, licence, easements and rights- paeatloa of the nondiscrimination provisions 1.
FEDERAL REGISTER, VOL 35, NO.' 118-THURSDAY, JUNE IS, 1970 r .:
F
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L'''..
RULES AND REGULATIONS 10085 '4 =,'
of this part on hpprojectsreceivingFederaltheUrbanMassTransportationAdminfstra- seating, and other treatment with regard to E+;;.4.`financial assistance under the programs of tion to assure public transportation, con- the use of such vehicle as other persons with- ' F)!certain Department of Transportation oper- venlent to the disadvantaged areas of nearby out regard to their race, color, or nationalatingadministrations: communities to enhance employment oppor- origin. 11 Federal Aviation Administration. (1) tunitles for the disadvantaged and minority (II) No person who Is, or seeks to be, an ;;
73'
The airport sponsor or any of his lessees,con- population.
employee of the project sponsor or lessees,cesslonalres, or contractors may not differ- (x) The sponsor shall assure that the concessionaires,contractors, licensees,or anyentlatebetweenmembersofthepublicminoritybusinesscommunityInhisareaisorganizationfurnishing kl,because of race, color, or national origin in advised of the opportunities offered by air- tion service as a part of,porbin conjunction
A 4furnishing, or-admitting to, waiting rooms, port ooncesslons, and that bids are solicited with, the project shall be treated less fa- !!P' y..,,,passenger holding areas, aircraft tiedown from such qualified minority firms, and vorably than any other employee or applicantareas, restaurant facilities, restroorfss, or fa- awards made without regard to race, color, with regard to hiring, dismissal, advance- ditties operated under the compatible landPa or national origin.
ment, wages, or any other conditions anduseconcept.2) Federal Highway Administration. (1) benefits of employment, on the basis of race,'II) The airport sponsor and any of his The State, acting through Its highway de- color,or national origin.lessees, concessionaires, or contractors must partment, may not discriminate In its selec- (iii) No person or group of persons shalloffertoallmembersofthepublicthesametionandretentionofcontractors, including be discriminated against with regard to the .-- ? "adegreeandtypeofservicewithoutregardwithoutlimitation, those whose services are routing, scheduling, or quality of service oftorace, color, or national origin. This rule retained for, or Incidental to, construction, transportation service furnished as a partappliestofixedbaseoperators, restaurants, planning,research, highway safety,engineer- of the project on the basis of race. color, orsnackbars, gift shops, ticket counters, bag- ing, property management, and fee contracts national origin.Frequency or service,age andgagehandlers,car rental agencies,limousines and other commitments with person for serv-
g q Y
and taxis franchised by the airportssponsor,
Pe quality of vehicles assigned to.routes,quality l rPoicesandexpensestotheacquisitionofstationsservingdifferentroutes, and lo- ``•t'Insurance underwriters,and other businesses of right-of-way. ' cation of routes may not be determined on
r''catering to the public at the airport. u) The State may not discriminate 1"'"•(iii) An aircraft operator may not be re-
the basis
The
race, color,
of
national origin.t. ,
quired to park his aircraft at a location that
against eligible persons in making relocation (iv) The location of protects requiring i r,•:
per-is less protected, or
aircraft
accessible from the
payments and In providing relocation ad- land acquisition and the displacement of per-
terminal facilities,
tcte
than
a
locations
accessible
offered
to
visory assistance where relocation is neees- sons from their residences and businesses
others,because of his race,color, or national
sitated by highway right-of-way acquisitions, may not be determined on the basis of race,
origin. 111) Federal-aid contractors may not dts- color,or national origin.
Iv) The pilot of an aircraft may not be criminate in their selection and retention of (b) Obligations of the airport operator— •-),.r
required to help more extensively In fueling first-tier subcontractors, and first-tier sub- 1) Tenants,contractors,and concessionaires.
contractors may not discriminate in their Each airport operator shall require each Len- ' 'operations, and may not be offered less in- y' Vii
cldentsl service (such as windshield wiping),
selection and retention of second-tier sub- ant,contractor, and concessionaire who pro-
than other pilots, because_of his race, color, contractors, who participate in Federal-aid vides any activity, service, or facility at the
or'natlonal origin, highway construction, acquisition of right- airport under lease, contract with, or foss- 7;':
v) No pilot or crewmember eligible for of-way and related projects, including those chase from the airport, to covenant' In a r`p„`">
who supply materials and lease a form specified by the Administrator, Federalaccesstoapilot's lounge or to unofficial Y equipment.
Aviation Administration,that he will comply ^
K!£, ..-
communlcatlon facilities such as a UNICOM (iv) The State may not discriminate i.'«::^."7'.'frequency may be restricted in that access against the traveling public and business with the nondiscrimination requirements of
because of his race, color, or national origin. users of the federally assisted highway in
this part. WPM
v1) Access tb facilities maintained at the their access to and use of the facilities and (
2)
a ator shall
of benakeiaries. The air-
sairportbyaircarriersorcommercialopera- services provided for public accommodations port operator shah (f) make a copy of this
tors for holders of first-class transportation (such as eating,sleeping,rest,recreation,and
part
nrmal
available at his office for
by any
Inspection
personticketsorfrequentusersofthecarrier's or vehicle servicing) constructed on, over or
ask
normal
i
working hours by any
displayoperator's services may not be restricted on under the right-of-way of such highways. assign for
signs,
ur)
conspicuously
th
ly display
a sign, or signs, furnished by the FAA, inthebasisofrace, color, or national origin. (v) Neither the State, any other persons the main public area or areas of the airport,
6
vii) Passengers and crewmembers seeking subject to this part, nor Its contractors and stating that discrimination based on race, k•ground transportation from the airport may subcontractors may discriminate in their color, or national origin is prohibited on the a.not be assigned to different vehicles, or employment practices in connection with airport.delayed or embarrassed In assignment to highway construction projects or other (3) Reports.Each airport owner subject tovehicles,by the airport sponsor or his lessees, projects assisted by the Federal Highway this part,shall. within 15 days after he re-a°concessionaires, or contractors, because of Administration. ceives it,forward to the Area Manager of therace,color,or national origin. v) The State shall not locate or design FAA Area in which the airport is located aviii) Where there are two or more sites a highway In such a manner as to require, copy of each written complaint charging dis-having equal potential to serve the aero- on the basis of race,color,or national origin, crimination because of race, color, or na-nautical needs of the area,the airport sponsor the relocation of any persons, tional origin by any person subject to thisshallselectthesiteleastlikelytoadversely (vii) The State shall not locate, design, part, together with a statement describingaffectexistingcommunities. Such site selec- or construct a highway in such a manner as ail actions taken to resolve the matter, andLionshallnotbemadeonthebasisofrace, to deny reasonable access to,and use thereof, the results thereof. Each airport operator r'
color,or national origin. to any persons on the basis of race, color, shall, by January 31 of each year, submit toix) Employment at obligated airports,in- or national origin. the Area Manager of the FAA Area in which 4A-7.-.,.-...
eluding employment by tenants and con- (3) Urban Mass Transportation Admire- the airport Is located a report for the pre-
cesslonalres shall be available to all regard- Isiration. (1) Any person who is, or seeks ceding year in a form prescribed by the Fed-less of.race, creed, color, sex, or national to be, a patron of any public vehicle which oral Aviation Administrator.
origin. The sponsor shall coordinate his air- is operated as a part of, or in conjunction IF.R. Doc. 70-7395; Flied, June 17, 1970;port plan with his local transit authority and with,a project shall be given the same access, 8:45 a.m.)
4
i
r'lo
ppm
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FEDERAL REGISTER, VOL 33, NO. 111—THURSDAY, JUNE 18, 1970 j
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17996 RULES AND REGULATIONS
1141,,t,„
ti
I
Title 49—Transportation
SUBTITLE A--OFFICE OF THE SECRETARY
OF TRANSPORTATION
Docket No. 18: Notice 72-21
PART 21—NONDISCRIMINATION IN FED-
ERALLY ASSISTED PROGRAMS OF THE
DEPARTMENT OF TRANSPORTATION—
EFFECTUATION OF TITLE VI OF THE 1.07,17;CIVIL RIGHTS ACT OF 1964
Miscellaneous Amendments
On July 19, 1972, a notice of proposed
rulemaking was published in the FEDERAL a," Sr
REGISTER (37 FR 14320) to amend Part a!.-.:;
21 of the Regulations of the Office of the
Secretary (49 CFR Part 21)—Nondis-
crimination in Federally-Assisted Pro-
grams of the Department.of Transporta-,
tion. ter,All interested parties were invited to
give their views on the proposed amend-
ment. None of the comments received
provided a basis for change in the pro-
posed amendment. The purpose of the
amendment is as follows: i•""
Planning or Advisory Board Member-
ship. Although existing § 21.5(b)(vi)
contains a prohibition against discrimi-
natory denial of the"opportunity to par-
ticipate in the program through the pro-
vision of services or otherwise • • • ',the
f.;
existing regulations did not specifically
deal with the matter of planning or ad-
visory board membership. Considering
the broad purpose of Title VT of the Civil
Rights Act of 1964, the Department of
Transportation believes that member-
ship on such boards is an aspect of"par-
ticipation in the program" within the
meaning of section 601 of the Act (42
U.S.C.2000d).To make it clear that such
discrimination is prohibited, the Depart-
ment is adding a specific reference to
planning, advisory, and similar bodies to
the other activities listed in § 21.5(b).
The provision applies only to the ex-
tent that the"recipient"has control over
board membership. It is applicable, for
example, where the members are ap-
pointed by the recipient. Where the
board is elected and the election pro-
cedures are determined by the recipient,
such procedure Is to be nondiscrimina-
tory. The term"integral'part" is used in
order to make it clear that regulations
are inapplicable to boards related only
4
FEDERAI REGISTER, VOL. 33, NO. 1211—THURSDAY, JULY 5, 1973
E',,ia• '
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rifia'srt9jr),. -'N'r •a 4c•.; . ,. : a'a .a { .'µ _ ,Y,._ µ Y- -s - k w, .•9 •tr.i' k n..L.f.1•
RULES AND REGULATIONS 17997
tangentially or indirectly to a Federally time for filing is extended by the F;deral financial assistance, on the
assisted program. Secretary". grounds of race,color,or national origin,
Affirmative action to correct and pre- To make this time period consistent Where prior discriminatory practice or
A
rent prohibited discrimination. Existing with thit allowed under other civil rights usage tends,on the grounds of race,color, ato,iX..:•'E 21.5(b)(7) provides that consideration laws,' the Department is (hanging this or national origin to exclude individuals y 4
of race, color, or national origin are not time limit from 90 to 180 days. from participation in, to deny them the
prohibited if the purpose and effect is In consideration of the foregoing, ef- benefits of, or to subject them to dis- i
to remove or overcome the detrimental fective July 5, 1973, 49 CFR Part 21 critnination under any program or ac- i.• • ;iresultsofdiscrimination. That provision is amended as follows: tivity to which this part applies, the ap- also places on the recipient of Federal 1. Section 21.5tb) is amended by: plir:ult or recipient must take affirmative
dl rV'
assistance an"obligation to take reason- (1) Striking out the word "or" at the action to remove or overcome the effects d," 't
able action to remove or overcome the end of subparagraph (1)(v);of the prior discriminatory practice or j`i.......consequences of prior discriminatory (2) Striking out the period at the end usage. Even in the absence of prior dis- • 4
practice or usage and to accomplish the of: ibparagraphi 1)(vi) and substituting eliminatory practice or usage,a recipient,purposes of the Act". The Department's a semicolon and the word"or"; and in administering a program or activity
amendment to the second sentence in to which this part applies, is expected to21.5(b)(7) Is to make it clear that the (3) Adding a new subparagraph (1)
take affirmative action to assure that norecipient (1) must take affirmative ac- (vii) at the end thereof, to read as set person Is excluded from participation inLiontoovercometheeffectsofpriordis- forth below. or dcaied the benefits of the program or
criminatory practice or usage, and (2) (4) Adding a new subparagraph (7) to activity on the grounds of race, color,or r+iGirrisexpectedtotakeaffirmativeactiontoreadassetforthbelow. national origin.
assure that no person is excluded from
participation in or denied the benefits § '31.a 1)i•erimin:alon prohibited. 4*
of the recipient's Federally assisted pro- 3. Section 2L9(b) is amended by ac'.d- 5)` -•
grams on the ground of race, color, or (b) Specific discriminatory actions
ing the following new sentence at the cud
t`!^,t,:r'
national origin. thereof:prohibited:
Collection of •racial data, Existing (1) • • • 21.9 Compliance information.
S 21.9(b) states that recipients shall keep (vii). Deny a person the opportunity tosuchrecordsandsubmitsuchreportsasparticipateasamemberofaplanning, (b) Compliance reports. • • • In gen- t >,.;_:'the Secretary determines are neces;ary. advisory, or similar body which is an in- erat, recipients should have available forWhilethisprovisionfurnishesabasisfortegralpartoftheprogram. the Secretary racial and ethnic datarequiringdataontheraceandnational
showing the extent to which members oforiginofpersonsaffectedbyFederallyminoritygroupsarebeneficiariesofpro-assisted programs, it contains no ex- (7) This part does not prohibit the
plicit reference to such data. Experience consideration of race, color, or national grams receiving Federal financial assist- v
has shown that, with respect to most origin if the purpose and effect are to twee.rt>,'
remove or overcome the consequences f-''
is
Federally assisted programs, racial fla.a quences of
is an essential element in implement- practices or impediments which have re- § 25.11 [Amended]
ing Title VI of the Civil Rights Act of stricted the availability of, or participa- 4. Section 21.11(b) is amended by s'.:;j- , 1964. In view of the importance of such tion in,the program or activity receiving stituting "180 days" for "90 days". 2data, the Department is adding an ex-
press reference to it in §21.9(b). See section 706(e) of Title VII of tho (
0 602; Civil Rights Act of 1064, 4a II.6.C.
20000,
Time for filing complaints. Existing Civil Rights Act of 1964, as amended by the
0d-1)
provisions of 21.11(b) regarding the fii-Equal Employment Opportunity Act of 1972, Issued in Washington, D.C., on Sep-provisions
of complaints of alleged discrinlilut-
42 U.S.0 A. 20000-5(e); section 810(b) of tember 21,1972,
lion state that a complaint must be filed
Title VIII of the Civil Rights Act of 1968, 42 JOHN A VOLPE,U.S C.
Federal
and
rac
regulations
e,
the OR Secretary 0/Transportation,not later than 90 days after the date of lice of Federal Contract Compliance, 41 CFRtheallegeddiscrimination, unless the 60-191.FR Doc.73-13291 Filed 7-3-73;8:45 am] 1;.,,;.•
il"
FEDERAL REGISTER. VOL-311, NOS ,128--THURSDAY. JULT I. 1971
4‘,W-.-1''V Y¢ w•C al 7. rc.> e 'i.'..,-`• Q-.S.'..,. r r t f•',
A{{ .Y q r'. t iiir:ii 4,,,: 1ff'. -,A,:,.:,1".„,,,.. ,
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r•
rr^as• i - :!i- li < M ls`i'we%-