Program 60. Road rights-of-way 61. Rights-of-ways for wagon roads or railroads 62. Timber granted free or at nominal cost to any group. Authority Federal Highway Act of 1958, 23 U.S.C. 107, 317. Sec. 501 of the Act of March 3, 1899, 16 U.S.C. 525. Sec. 1 of the Act of June 4, 1897, as amended, 16 U.S.C. 551; Sec. 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1011. 63. Transfer for fire-lookout towers, improve- | Sec. 5 of the Act of June 20, 1958, 16 U.S.C. 565b. ments and land to States political subdivisions. 64. Payment of 25 percent of National Forest Act of May 23, 1908, as amended, 16 U.S.C. 500. receipts to States for schools and roads. 65. Payment to Minnesota from National Forest Sec. 5 of the Act of June 22, 1948, as amended, 16 U.S.C. 577g, 577g-1. receipts of a sum based on a formula. 66. Payment of 25 percent of net revenues from Title III, Bankhead-Jones Farm Tenant Act lands to counties for schools and road purposes. Sec. 33 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1012. 67. Cooperative action to protect, develop, Cooperative Forestry Assistance Act of 1978, 16 U.S.C. 2101-2111. 68. Advance of funds for cooperative research Sec. 20 of the Granger-Thye Act of April 24, 1950, 16 U.S.C. 581i-1. Act of September 6, 1958, 42 U.S.C. 1891-1893. Forest and Rangeland Renewable Resources Research Planning Act of 1974, as amended, 16 U.S.C. 1600-1614. 71. Youth conservation corps State grant pro- Act of August 13, 1970, as amended, 16 U.S.C. 1701-1706. gram. 72. Young adult conservation corps State grant Secs. 801-809 of the Comprehensive Employment and Training Act, as program. amended, 29 U.S.C. 991-999. 73. Grants to Maine, Vermont, and New Hampshire for the purpose of assisting economically disadvantaged citizens over 55 years of age. Older Americans Act of 1965, as amended, 42 U.S.C. 3001-3057g. 74. Senior community service employment pro- Sec. 902(b)(2) of Title IX of the Older Americans Amendments of 1975, 42 gram (SCSEP). U.S.C. Administered by the Rural Electrification Administration 75. Rural electrification and rural telephone pro- Rural Electrification Act of 1963, as amended, 7 U.S.C. 901-950b. grams. 78. Soil and water conservation 79. Plant materials for conservation Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. 80. Resource, conservation and development. Secs. 31 and 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 81. Watershed protection and flood prevention 82. Great plains conservation 83. Soil survey 84. River basin surveys and investigations 86. Land inventory and monitoring U.S.C. 1010, 1111; Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. Watershed Protection and Flood Prevention Act, as amended, 16 U.S.C. 1001-1008. Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. Sec. 6 of the Watershed Protection and Flood Prevention Act, 16 U.S.C. 1006. Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q; Sec. 302 of the Rural Development Act of 1972, 7 U.S.C. 1010a. 87. Resource appraisal and program develop- Soil and Water Resources Conservation Act of 1977, 16 U.S.C. 2001-2009. ment. 88. Rural clean water program 89. Rural abandoned mine program Clean Water Act, 33 U.S.C. 1251-1376. Secs. 406-413 of the Surface Mining Control and Reclamation Act of 1977, 30 Sec. 15e.101 Purpose. 15e.102 Application. 15e.103 Definitions. 15e.104-15e.109 [Reserved] 15e.110 Self-evaluation. 15e.111 Notice. 15e.112-15e.129 [Reserved] 15e.130 General prohibitions against discrimination. 15e.131-15e.139 [Reserved] 15e.140 Employment. 15e.141-15e.148 [Reserved] 15e.149 Program accessibility: Discrimination prohibited. 15e.150 Program accessibility: Existing fa cilities. 15e.151 Program accessibility: New con struction and alterations. 15e.152-15e.159 [Reserved] 15e.160 Communications. 15e.161-15e.169 [Reserved] 15e.170 Compliance procedures 15e.171-15e.999 [Reserved] AUTHORITY: 29 U.S.C. 794. SOURCE: 58 FR 57697, 57699, Oct. 26, 1993, unless otherwise noted. § 15e.101 Purpose. The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service. § 15e.102 Application. This part (§§ 15e.101-15e.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. § 15e.103 Definitions. For purposes of this part, the termAssistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TTD's), interpreters, notetakers, written materials, and other similar services and devices. Complete complaint means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. Historic preservation programs means programs conducted by the agency that have preservation of historic properties as a primary purpose. Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body. Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase: (1) Physical or mental impairment includes (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, HIV disease (whether symptomatic or asymptomatic), and drug addiction and alcoholism. (2) Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (4) Is regarded as having an impairment means (i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the agency as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by the agency as having such an impairment. Qualified individual with handicaps means (1) With respect to preschool, elementary, or secondary education services provided by the agency, an individual with handicaps who is a member of a class of persons otherwise entitled by statute, regulation, or agency policy to receive education services from the agency; (2) With respect to any other agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, an individual with handicaps who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its nature; (3) With respect to any other program or activity, an individual with handicaps who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; and (4) Qualified handicapped person as that term is defined for purposes of employment in 29 CFR 1614.203(a)(6), which is made applicable to this part by § 15e.140. Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93112, 87 Stat. 394 (29 U.S.C. 794)), as amended. As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs. Substantial impairment means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration. §§ 15e.104-15e.109 [Reserved] § 15e.110 Self-evaluation. (a) The agency shall, by November 28, 1994, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications. (b) The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the selfevaluation process by submitting comments (both oral and written). (c) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: (1) A description of areas examined and any problems identified; and (2) A description of any modifications made. § 15e.111 Notice. The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this part. §§ 15e.112-15e.129 [Reserved] § 15e.130 General prohibitions against discrimination. (a) No qualified individual with handicaps shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency, in providing any aid, benefit, or service, may not, di rectly or through contractual, licensing, or other arrangements, on the basis of handicap (i) Deny a qualified individual with handicaps the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with handicaps an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with handicaps with an aid, benefit, or service that is not as effective in according equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to oth ers; (iv) Provide different or separate aid, benefits, or services to individuals with handicaps or to any class of individuals with handicaps than is provided to others unless such action is necessary to provide qualified individuals with handicaps with aid, benefits, or services that are as effective as those provided to others; (v) Deny a qualified individual with handicaps the opportunity to participate as a member of planning or advisory boards; (vi) Otherwise limit a qualified individual with handicaps in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) The agency may not deny a qualified individual with handicaps the opportunity to participate in programs or activities that are no separate or different, despite the existence of permissibly separate or different programs or activities. (3) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods of administration the purpose or effect of which would (i) Subject qualified individuals with handicaps to discrimination on the basis of handicap; or (ii) Defeat or substantially impair accomplishment of the objectives of a program or activity with respect to individuals with handicaps. (4) The agency may not, in determining the site or location of a facility, make selections the purpose or effect of which would (i) Exclude individuals with handicaps from, deny them the benefits of, or otherwise subject them to discrimination under any program or activity conducted by the agency; or (ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to individuals with handicaps. (5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified individuals with handicaps to discrimination on the basis of handicap. (6) The agency may not administer a licensing or certification program in a manner that subjects qualified individuals with handicaps to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with handicaps to discrimination on the basis of handicap. However, the programs or activities of entities that are licensed or certified by the agency are not, themselves, covered by this part. (c) The exclusion of nonhandicapped persons from the benefits of a program limited by Federal statute or Executive order to individuals with handicaps or the exclusion of a specific class of individuals with handicaps from a program limited by Federal statute or Executive order to a different class of individuals with handicaps is not prohibited by this part. (d) The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with handicaps. §§ 15e.131-15e.139 [Reserved] §15e.140 Employment. No qualified individual with handicaps shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1614, shall apply to employment in federally conducted programs or activities. §§ 15e.141-15e.148 [Reserved] § 15e.149 Program accessibility: Discrimination prohibited. Except as otherwise provided in §15e.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency. $ 15e.150 Program accessibility: Existing facilities. (a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not— (1) Necessarily require the agency to make each of its existing facilities accessible to and usable by individuals with handicaps; (2) In the case of historic preservation programs, require the agency to take any action that would result in a substantial impairment of significant historic features of an historic property; or (3) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with §15e.150(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action |