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..... Authority Sec. 416 of the Agricultural Act of 1949, as amended, 7 U.S.C. 1431; National School Lunch Act, as amended, 42 U.S.C. 1751-1769a. Sec. 13 of the National School Lunch Act, as amended, 42 U.S.C. Sec. 17 of the National School Lunch Act, as amended, 42 U.S.C. 1766. Secs. 18 and 19 of the Child Nutrition Act of 1966, 42 U.S.C. 1787, 1788. Administered by the Food Safety and Inspection Service 51. Payments to States for the inspection of egg Egg Products Inspection Act, 21 U.S.C. 1031-1056. handlers to insure that they are properly disposing of restricted eggs. 52. Financial and technical assistance to States for meat inspection activities. Federal Meat Inspection Act, as amended, 21 U.S.C. 601-695. 53. Financial and technical assistance to States for Poultry Products Inspection Act, as amended, 21 U.S.C. 451-470. poultry inspection activities. 54. Financial and technical assistance to States for Talmadge-Aiken Act, 7 U.S.C. 450. 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. 57. Permits for disposal of common varieties of 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. 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. Act of June 4, 1897, as amended, 16 U.S.C. 551; Sec. 501 of the Federal Land Policy Management Act of 1976, 43 U.S.C. 1761; Term Permit Act of March 4, 1915; as amended, 16 U.S.C. 497; Secs. 3 and 4 of the American Antiquities Act of June 8, 1906, 16 U.S.C. 432; Sec. 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1011. Sec. 7 of the Granger-Thye Act of April 24, 1950, 16 U.S.C. 580d. Secs. 1-4 of the Act of July 31, 1947, as amended, 30 U.S.C. 601603, 611. Sec. 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 Sec. 2 of the Act of October 13, 1964, 16 U.S.C. 533. Federal Highway Act of 1958, 23 U.S.C. 107, 317. Sec. 1 of the Act of June 4, 1897, as amended, 16 U.S.C. 551; Sec. 63. Transfer for fire-lookout towers, improvements Sec. 5 of the Act of June 20, 1958, 16 U.S.C. 565b. and land to States political subdivisions. 64. Payment of 25 percent of National Forest receipts to States for schools and roads. 65. Payment to Minnesota from National Forest 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. Act of May 23, 1908, as amended, 16 U.S.C. 500. Sec. 5 of the Act of June 22, 1948, as amended, 16 U.S.C. 577g, Sec. 33 of the Bankhead-Jones Farm Tenant Act, as amended, 7 67. Cooperative action to protect, develop, manage, Cooperative Forestry Assistance Act of 1978, 16 U.S.C. 2101-2111. and utilize forest resources on State and private lands. 68. Advance of funds for cooperative research 69. Grants for support of scientific research 70. Research cooperation... 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. Program 71. Youth conservation corps State grant program.. 72. Young adult conservation corps State grant program. 73. Grants to Maine, Vermont, and New Hampshire for the purpose of assisting economically disadvantaged citizens over 55 years of age. Authority Act of August 13, 1970, as amended, 16 U.S.C. 1701-1706. Older Americans Act of 1965, as amended, 42 U.S.C. 3001-3057g. 74. Senior community service employment program Sec. 902(b)(2) of Title IX of the Older Americans Amendments of 1975, (SCSEP). 42 U.S.C. Administered by the Rural Electrification Administration 75. Rural electrification and rural telephone programs.. Rural Electrification Act of 1963, as amended, 7 U.S.C. 901-950b. 76. CATV, community facilities program. Secs. 306 and 310B of the Consolidated Farm and Rural Development Act of 1979, 7 U.S.C. 1926, 1932. 77. Higher education 78. Soil and water conservation 79. Plant materials for conservation.. Administered by Science and Education Program Staff Sec. 22 of the Act of June 29, 1935, as amended, 7 U.S.C. 329; Sec. 1417 of the Food and Agriculture Act of 1977, 7 U.S.C. 3152. Administered by the Soil Conservation Service 80. Resource, conservation and development 81. Watershed protection and flood prevention 82. Great plains conservation. 83. Soil survey. 84. River basin surveys and investigations 87. Resource appraisal and program development.. 88. Rural clean water program.... 90. Emergency watershed protection...... 92. Transportation services Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Secs. 31 and 32 of the Bankhead-Jones Farm Tenant Act, as Watershed Protection and Flood Prevention Act, as amended, 16 Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Sec. 6 of the Watershed Protection and Flood Prevention Act, 16 Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Soil and Water Resources Conservation Act of 1977, 16 U.S.C. 2001- Clean Water Act, 33 U.S.C. 1251-1376. Secs. 406-413 of the Surface Mining Control and Reclamation Act of Sec. 7 of the Act of June 28, 1938, as amended, 33 U.S.C. 701b-1; Administered by the Office of Transportation Sec. 201 of the Agricultural Adjustment Act of 1938, 7 U.S.C. 1291; 1854), and E.O. 11539 (35 FR 10733), as amended by E.O. 12188 (45 FR 989). SOURCE: 47 FR 43941, Oct. 5, 1982, unless otherwise noted. Subpart A-Section 204 Import Regulations § 16.1 General. The regulations set forth in this subpart are issued by the Secretary of Agriculture with the concurrence of the Secretary of State and the United States Trade Representative. The Commissioner of Customs has been requested to take such action as is necessary to implement these regulations. § 16.2 Definitions. The following terms shall have the meaning set forth in this section: (a) "Meat" means fresh, chilled or frozen cattle meat (item 106.10 of the Tariff Schedules of the United States (TSUS)), fresh chilled or frozen meat of goats and sheep, except lambs (TSUS 106.22 and 106.25), and prepared and preserved beef and veal, except sausage, if the articles are prepared, whether fresh, chilled, or frozen, but not otherwise preserved (TSUS 107.55 and 107.62), and meats which, but for processing in ForeignTrade Zones, territories, or possessions of the United States prior to entry, or withdrawal from warehouse for consumption, into the United States Customs Territory, would fall within the above descriptions (and TSUS items) upon such entry or withdrawal from warehouse for consumption. (b) "United States" means the 50 states of the United States, the District of Columbia, and Puerto Rico. § 16.3 Import documentation. Meat subject to the restrictions in 16.4 and 16.5 may not be entered into the Customs Territory of the United States unless there is presented, at time of entry, documentation establishing (1) that there has been compliance with the applicable conditions of this Subpart A and (2) the country from which the meat was exported in the form in which it would fall within the definition of meat in TSUS items 106.10, 106.22, 106.25, 107.55 and 107.62. § 16.4 Transshipment restrictions. During calendar year 1988, no meat of Australian or New Zealand origin may be entered or withdrawn from warehouse for consumption in the United States unless (a) it is exported into the Customs Territory of the United States as a direct shipment or on a through bill of lading from the country of origin or, (b) if processed in Foreign-Trade Zones, territories, or possessions of the United States, it is exported into the Customs Territory of the United States as a direct shipment on a through bill of lading from the Foreign-Trade Zone, territory or possession of the United States in which it was processed. [53 FR 40717, Oct. 18, 1988] § 16.5 Quantitative restrictions. (a) Imports for Australia. During calendar year 1988, no more than 811.57 million pounds of meat exported from Australia in the form in which it would fall within the definition of meat in TSUS items 106.10, 106.22, 106.25, 107.55, or 107.62 (Harmonized Tariff Schedule of the United States subheadings 0201.10.00, 0201.20.40, 0201.20.60, 0202.10.00, 0202.30.60, 0204.21.00, 0204.22.40, 0204.23.40, 0204.41.00, 0204.42.40, and 0204.50.00) may be entered or withdrawn from warehouse for consumption in the United States, whether shipped directly or indirectly from Australia to the United States. 0201.30.40, 0202.20.40, 0201.30.60, 0202.20.60, days of the effective date of this part except that where structural changes in facilities are necessary, such changes shall be made within three years of the effective date of this part and as expeditiously as possible. (g) Transition plan. In the event that structural changes to facilities are necessary to meet the requirement of paragraph (a) of this section, a recipient shall develop, within one year of the effective date of this part, a transition plan setting forth the steps necessary to complete such changes. The plan shall be developed with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons. A copy of the transition plan shall be made available for public inspection. The plan shall, at a mini mum: (1) Identify physical obstacles in the recipient's facilities that limit the accessibility of its program or activity to handicapped persons; (2) Describe in detail the methods that will be used to make the facilities accessible; (3) Specify the schedule for taking the steps necessary to achieve full program accessibility and if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (4) Identify the person responsible for implementation of the plan. § 15b.19 New construction. (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by handicapped persons, if the construction is commenced after the effective date of this part. (b) Alteration. Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by handicapped persons. (c) American National Standards Institute accessibility standards. Design, construction, or alteration of facilities in conformance with the "American National Standard Specifications for "Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," published by the American National Standards Institute Inc. (ANSI A117.1-1980), 1430 Broadway, New York, N.Y. 10018, which is incorporated by reference into this part, shall constitute compliance with paragraphs (a) and (b) of this section. Departures from particular requirements of those standards by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. (d) Compliance with the Architectural Barriers Act of 1968. Nothing in this section of § 15b.18 relieves recipients, whose facilities are covered by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157) from their responsibility of complying with the requirements of that Act and any implementing regulations. Subpart D-Preschool, Elementary, Secondary, Adult, and Extension Education § 15b.20 Applicability. Except as otherwise noted, this subpart applies to public and private schools, elementary, secondary, adult, and extension education programs and activities that receive or benefit from Federal financial assistance provided by the Department of Agriculture after the effective date of this part and to recipients that operate, or that receive or benefit from Federal financial assistance for the operation of, such programs or activities. § 15b.21 Location and notification. A recipient that operates a public elementary or secondary education program shall annually: (a) Undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and (b) Take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duty under this subpart. § 15b.22 Free appropriate public education. (a) General. A recipient that operates a public elementary or secondary education program shall provide a free appropriate public education to each qualified handicapped person who is in the recipient's jurisdiction, regardless of the nature or severity of the person's handicap. (b) Appropriate education. (1) For the purpose of this subpart, the provision of an appropriate education is the provision of regular or special education and related aids and services that (i) are designed to meet individual eduEcational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are @based upon adherence to procedures that satisfy the requirements of §15b.23, §15b.24, and §15b.25. (2) Implementation of an individualized education program developed in accordance with the Education of the Handicapped Act is one means of meeting the standard established in paragraph (b)(1)(i) of this section. (3) A recipient may place a handicapped person in or refer such person to a program other than the one that it operates as its means of carrying out the requirements of this subpart. If so, the recipient remains responsible for ensuring that the requirements of this subpart are met with respect to any handicapped person so placed or referred. (c) Free education—(1) General. For the purpose of this section, the provision of a free education is the provision of educational and related services without cost to handicapped persons or their parents or guardians, except for those fees that are imposed on nonhandicapped persons or their parents or guardians. It may consist either of the provision of free services or, if a recipient places a handicapped person in or refers such person to a $ program not operated by the recipient as its means of carrying out the re quirements of this subpart, payment for the costs of the program. Funds available from any public or private agency may be used to meet the requirements of this subpart. Nothing in this section shall be construed to relieve an insurer or similar third party from an otherwise valid obligation to provide or pay for services provided to a handicapped person. (2) Transportation. If a recipient places a handicapped person in or refers such person to a program not operated by the recipient as its means of carrying out the requirements of this subpart, the recipient shall ensure that adequate transportation to and from the program is provided at no greater cost than would be incurred by the person or his or her parents or guardian if the person were placed in the program operated by the recipient. (3) Residential placement. If placement in a public or private residential program is necessary to provide a free appropriate public education to a handicapped person because of their handicap, the program, including nonmedical care and room and board, shall be provided at no cost to the person or his or her parents or guardi an. (4) Placement of handicapped persons by parents. If a recipient has made available in conformance with the requirements of this section and § 15b.23, a free appropriate public education to a handicapped person and the person's parents or guardian choose to place the person in a private school, the recipient is not required to pay for the person's education in the private school. Disagreements between a parent or guardian and a recipient regarding whether the recipient has made such a program available or otherwise regarding the question of financial responsibility are subject to the due process procedures of § 15b.25. (d) Compliance. A recipient may not exclude any qualified handicapped person from a public elementary or secondary education after the effective date of this regulation. A recipient that is not, on the effective date of this regulation, in full compliance with the other requirements of the preceding paragraphs of this section shall meet such requirements at the |