hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature. § 15b.33 Housing. (a) Housing provided by the recipient. A recipient that provides housing to its nonhandicapped students shall provide comparable, convenient, and accessible housing to handicapped students at the same cost as to others. At the end of the transition period provided for in subpart C, such housing shall be available in sufficient quantity and variety so that the scope of handicapped students' choice of living accommodations is, as a whole, comparable to that of nonhandicapped students. (b) Other housing. A recipient that assists any agency, organization, or person in making housing available to any of its students shall take such action as may be necessary to assure itself that such housing is, as a whole, made available in a manner that does not result in discrimination on the basis of handicap. § 15b.34 Financial and employment assistance to students. (a) Provision of financial assistance. (1) In providing financial assistance to qualified handicapped persons, a recipient to which this subpart applies may not, (i) on the basis of handicap, provide less assistance than is provided to nonhandicapped persons, limit eligibility for assistance, or otherwise discriminate or (ii) assist any entity or person that provides assistance to any of the recipient's students in a manner that discriminates against qualified handicapped persons on the basis of handicap. (2) A recipient may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established under wills, trusts, bequests, or similar legal instruments that require awards to be made on the basis of factors that discrimate or have the effect of dis criminating on the basis of handicap only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory on the basis of handicap. (b) Assistance in making available outside employment. A recipient that assists any agency, organization, or person in providing employment opportunities to any of its students shall assure itself that such employment opportunities, as a whole, are made available in a manner that would not violate subpart B if they were provided by the recipient. (c) Employment of students by recipients. A recipient that employs any of its students may not do so in a manner that violates subpart B. §15b.35 Nonacademic services. (a) Physical education and athletics. (1) In providing physical education courses and athletics and similar programs and activities to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap. A recipient that offers physical education courses or that operates or sponsors intercollegiate, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation in these activities. (2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different only if separation or differentiation is consistent with the requirements of §15b.31(d) and only of no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different. (b) Counseling and placement services. A recipient to which this subpart applies that provides personal, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of handicap. The recipient shall ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are nonhandcapped students with similar interests and abilities. This requirement does not preclude a recipient from providing factual information about licensing and certification requirements that may present obstacles to handicapped persons in their pursuit of particular careers. (c) Social organizations. A recipient that provides significant assistance to fraternities, sororities, or similar organizations shall assure itself that the membership practices of such organizations do not permit discrimination otherwise prohibited by this subpart. Subpart F-Other Programs and Activities §15b.36 Applicability. Subpart F applies to programs and activities, other than those covered by subparts D and E, that receive Federal financial assistance provided by the Department of Agriculture after the effective date of this part. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990] § 15b.37 Auxiliary aids. (a) A recipient to which this subpart applies that employs fifteen or more persons shall provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills, where necessary to afford such persons an equal opportuntiy to benefit from the service in question. (b) The Secretary may require recipients with fewer than fifteen employees to provide auxiliary aids where the provision of aids would not significantly impair the ability of the recipient to provide its benefits or services. (c) For the purpose of this section, auxiliary aids may include Brailled and taped material, interpreters, and other aids for persons with impaired hearing or vision. §15b.38 Health care facilities. (a) Communications. A recipient that provides notice concerning benefits or services or written material concerning waivers of rights or consent to treatment shall take such steps as are necessary to ensure that qualified handicapped persons, including those with impaired sensory or speaking skills, are not denied effective notice because of their handicap. (b) Emergency treatment for the hearing impaired. A recipient hospital that provides health services or benefits shall establish a procedure for effective communication with persons with impaired hearing for the purpose of providing emergency health care. (c) Drug and alcohol addicts. A recipient to which this subpart applies that operates a general hospital or outpatient facility may not discriminate in admission or treatment against a drug or alcohol abuser or alcoholic who is suffering from a medical condition, because of the person's drug or alcohol abuse or alcoholism. § 15b.39 Education of institutionalized persons. A recipient to which this subpart applies that operates or supervises a program or activity for persons who are institutionalized because of handicap shall ensure that each qualified handicapped person, as defined in §15b.3(n)(2), in its program, or activity is provided an appropriate education, as defined in §15b.22(b). Nothing in this section shall be interpreted as altering in any way the obligations of recipients under subpart D. § 15b.40 Food services. (a) Recipients which operate food service programs assisted by this Department shall serve special meals, at no extra charge, to persons whose handicap restricts their diet. Recipients may require handicapped persons to provide medical certification that special meals are needed because of their handicap. (b) Where existing food service facilities are not completely accessible and usable, recipients may provide aides or use other equally effective methods to serve food to handicapped persons. Recipients shall provide all food services in the most integrated setting appropriate to the needs of handicapped per sons. § 15b.41 Multi-family rental housing. (a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in a multifamily rental housing program. (b) New construction. (1) Recipients receiving assistance from the Department for multi-family rental housing projects constructed after the effective date of this part shall construct at least five percent of the units in the project or one unit, whichever is greater, to be accessible to or adaptable for physically handicapped persons. The requirement that five percent of the units in the project or at least one unit, whichever is greater, be accessible or adaptable may be modified if a recipient shows, through a market survey approved by the Department, that a different percentage of accessible or adaptable units is appropriate for a particular project and its service area. (i) The variety of units accessible to or adaptable for physically handicapped persons shall be comparable to the variety of units available in the project as a whole. (ii) No extra charge may be made for use of accessible or adaptable units. (iii) A recipient that operates multifamily rental housing projects on more than one site may not locate all accessible or adaptable units at one site unless only one accessible or adaptable unit is required. (2) Standards for accessibility are contained in subpart C and in appropriate program regulations. (c) Existing facilities. Recipients receiving assistance from the Depart ment for multi-family rental housing projects constructed prior to the effective date of this part shall assure that their facilities comply with the program accessibility requirements established in §15b.18 if a qualified handicapped person applies for admission. Necessary physical alterations made pursuant to such requirements shall be completed within a reasonable amount of time after the unit becomes available for occupancy by the qualified handicapped person. Subject to the availability of funds and fulfillment by the recipient of all program eligibility requirements, the Department may assist recipients to comply with program accessibility requirements through methods such as (1) consideration of subsequent loan applications for purposes of making existing facilities accessible or for the construction of additional units which are accessbile and (2) consideration of approval to commit project reserve account funds for minor modifications in order to make existing facilities accessible. Subpart G-Procedures §15b.42 Procedures. The procedural provisions applicable to title VI of the Civil Rights Act of 1964 apply to this part. These procedures are found in 7 CFR 15.5-15.11 and 15.60-15.143. APPENDIX A TO PART 15b-LIST OF USDA-ASSISTED PROGRAMS Programs administered by the U.S. Department of Agriculture in which Federal finan Program cial assistance is rendered, include but are not limited to the following: Authority Administered by the Agricultural Cooperative Service 1. Technical assistance for agricultural co- Cooperative Marketing Act of 1926, 7 U.S.C., Secs. 451-457. operatives. Administered by the Agricultural Marketing Service 2. Federal-State marketing improvement pro- Sec. 204(b) of the Agricultural Marketing Act of 1946, 7 U.S.C. 1623(b). gram. 3. Market news service Sec. 203(g) of the Agricultural Marketing Act of 1946, 7 U.S.C. 1622(g); the Cotton Statistics and Estimates Act, as amended, 7 U.S.C. 471-476; the Tobacco Statistics Act, as amended, 7 U.S.C. 501-508; the Tobacco Inspection Act, 7 U.S.C. 511-511(q); the Naval Stores Act, 7 U.S.C. 91-99; the Turpentine and Rosin Statistics Act, 7 U.S.C. 2248; the United States Cotton Futures Act, 7 U.S.C. 15b; and the Peanut Statistics Act as amended, 7 U.S.C. 951-957. 5. Price support programs operating through Agricultural Act of 1949, as amended; 7 U.S.C. 1421-1447. 9. Payments to 1890 colleges and Tuskegee Sec. 1445 of the Food and Agriculture Act of 1977, as amended, 7 U.S.C. Institute for research. 3222. 10. Native latex research 11. Alcohol Fuels research 12. Animal Health Research 13. Competitive research grants 14. Experiment station research facilities 15. Special research grants 16. Rural development research 17. Cooperative extension work Native Latex Commercialization and Economic Development Act of 1978, 7 U.S.C. 178 et seq. Sec. 1419 of the Food and Agriculture Act of 1977, as amended, 7 U.S.C. 3154. Sec. 1433 of the Food and Agriculture Act of 1977, as amended, 7 U.S.C. 3195. Sec. 2(b) of the Act of August 4, 1965, as amended, 7 U.S.C. 450i(b). Act of July 22, 1963, as amended, 7 U.S.C. 390-390j. Sec. 2(c) of the Act of August 4, 1965, as amended, 7 U.S.C. 450i(c). Title V of the Rural Development Act of 1972, as amended, 7 U.S.C. 2661 et. seq. Administered by Extension Service Smith-Lever Act, as amended, 7 U.S.C. 341-349; District of Columbia Public Postsecondary Education Reorganization Act, D.C. Code Secs. 31-1719; Rural Development Act of 1972, as amended, 7 U.S.C. 2661 et. seq.; Sec. 1444 of the Food and Agriculture Act of 1977, 7 U.S.C. 3221. Administered by Farmers Home Administration 18. Farm ownership loans to install or improve recreational facilities or other nonfarm enterprises. 19. Operating loans to install or improve recreational facilities or other nonfarm enterprises. 20. Soil and water conservation, (including pollution abatement facilities), and recreational facilities. 21. Financial and other assistance to landowners, operators, or occupiers to carry out land uses and conservation. 22. Rural renewal, resource, conservation development, land conservation and utilization. 23. Watershed protection and flood prevention program. Sec. 303 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1923. Sec. 312 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1942. Sec. 304 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1924. Sec. 203 of the Appalachian Regional Development Act of 1965, as amended, 40 U.S.C. App. 203. Secs. 31-35 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1010-1035. Watershed Protection and Flood Prevention Act, as amended, 16 U.S.C. 1001-1008. 24. Resource conservation and development | Sec. 32(e) of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. loans. 25. Farm labor housing loans 26. Farm labor housing grants 27. Rural rental housing for the elderly and families of low and moderate income persons. 28. Rural cooperative housing 29. Rural housing site loans 1011(e). Sec. 514 of the Housing Act of 1949, 42 U.S.C. 1484. Sec. 516 of the Housing Act of 1949, as amended, 42 U.S.C. 1486. Sec. 515 of the Housing Act of 1949, as amended, 42 U.S.C. 1485. Sec. 515 of the Housing Act of 1949, as amended, 42 U.S.C. 1485. 30. Technical and supervisory assistance Sec. 525 of the Housing Act of 1949, as amended, 42 U.S.C. 1490e. Program 31. Technical assistance grants 32. Rural housing self-help site loans 33. Mutual self-help housing 34. Water and waste facility loans and grants and community facility loans and grants. 35. Rural and industrial loan program 36. Private business enterprise grants Authority Sec. 523 of the Housing Act of 1949, as amended, 42 U.S.C. 1490c. Sec. 310(a) of the Consolidated Farm and Rural Development Act, as amend- Sec. 310(c) of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1932(c). 37. Area development assistance planning Sec. 306(a)(11) of the Consolidated Farm and Rural Development Act, as grant program. amended, 7 U.S.C. 1926(a)(11). 38. Energy impacted area development assist- Sec. 601 of the Power Plant and Industrial Fuel Use Act of 1978, 42 U.S.C. ance program. 8401. Administered by the Federal Grain Inspection Service 39. Inspection administration and supervision .. U.S. Grain Standards Act, as amended, 7 U.S.C. 71-87; and, Sec. 203(h) of the Agricultural Marketing Act of 1946, 7 U.S.C. 1621-1630. Administered by the Food and Nutrition Service Food Stamp Act of 1964, as amended, 7 U.S.C. 2011-2027. 40. Food stamp program 41. Special supplemental food program for Sec. 17 of the Child Nutrition Act of 1966, as amended, 42 U.S.C. 1786. women, infants, and children (WIC). 42. Commodity supplemental food program 43. Food distribution program 44. National school lunch program 45. School breakfast program 46. Special milk program .... 47. Food service equipment assistance 48. Summer food service program 49. Child care food program 50. Nutrition education and training program Sec. 32 of the Act of August 24, 1935, as amended, 7 U.S.C. 612c; Sec. 416 Administered by the Food Safety and Inspection Service 51. Payments to States for the inspection of Egg Products Inspection Act, 21 U.S.C. 1031-1056. egg handlers to insure that they are properly disposing of restricted eggs. 52. Financial and technical assistance to States Federal Meat Inspection Act, as amended, 21 U.S.C. 601-695. for meat inspection activities. 53. Financial and technical assistance to States Poultry Products Inspection Act, as amended, 21 U.S.C. 451–470. for poultry inspection activities. 54. Financial and technical assistance to States Talmadge-Aiken Act, 7 U.S.C. 450. for meat and poultry inspection activities. Administered by the Forest Service 55. Permits for use of National Forests and National Grasslands by other than individuals at a nominal or no charge. 56. Permit for land use of Government-owned improvements by other than individuals at a nominal charge. Act of June 4, 1897, as amended, 16 U.S.C. 551; Sec. 501 of the Federal Sec. 7 of the Granger-Thye Act of April 24, 1950, 16 U.S.C. 580d. 57. Permits for disposal of common varieties of Secs. 1-4 of the Act of July 31, 1947, as amended, 30 U.S.C. 601-603, 611. mineral materials from lands under the Forest Service jurisdiction for use by other than individuals at a nominal or no charge. 58. Easements for use of National Forests and Grasslands by other than individuals at a nominal or no charge. 59. Easements for road rights-of-way over lands administered by the Forest Service. Sec. 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1011; Sec. 501 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1761. Sec. 2 of the Act of October 13, 1964, 16 U.S.C. 533. |