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DEPARTMIRtT OF TRANSPORTATION
MURAL WATION AOMINISTRATION
Gltr W AGEEEM M
Past LOMI
Date of offer JUN 2 31977
Denton Municipal Airport
Project No. 5-49-0067-04
Contract No. DOT FA 77 SW-8191
T0: ~Phs City of Denton, TWAL-
(herein referred to as the ,Sponsor's
FROM: The United States of America (acting Through tho Federal Aviation Administrations herein
referred to as the "FAA1
WHEREAS, the Sponsor has submitted to the FAA a Pm-ImAppplication dated
W 10, 1977 , for a gran: of federal (bads for a project for develop-
ment of the Denton mmioipal 0 Airport (herein called
the by the FrIs hq4th ereby i in ncoostnd porat herein an for d such a pasthereof; and sect Application,
U approved
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-deuribed airport development:
Relocate PM 1515, including incidental drainage and fencingi
cl.earingi adjust, mrk wd light power lines
all as more t*Mcularly described in the property map and plazas and specifications incorporated in
the said Pr ect Application;
fAA FORM Old*-I3 PO. 1410-711 6J'RR1COU FAA fOOM 1132 N. , PA41f I
„f
page 2 of, 7 pages t ,
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended (4911S.C. 1701), and in consideratlon'o (a)
the Sponsor's adoption and tetitication of the reresaetltations and assurances contained in said
Project Application and its acceptance of this Offer k erelnafter provided, and (b) the benefits
to accrue to the Ignited States and the public, from tl.e' ~ccompNE BDSAL AProjjec an Ahe
opperation and 'maintenance of the AHEF OFTHE UNiTED~STATES, HEREBY OFFERS AND
MiNlb'TRATIOIV, FOR AIVD ON BE A
AGREES to pay, as the United States share of the allowable costs incurred in accomplishiig the
Project, entm of all alkwable project costa,
Ninety pore
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
S 120,000,00
2. Ths Sponsor shall:
days
(a) begin accomplishment of the Project within ninety
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the VAA; out
thout undue del
the
and (b) tecar rm: hereof , the! Airport and rAi waywiDevelopment Actaof 9701 andaccoSectionsrdance
152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of this offer; which Regulations are hereinafter
referred to as the "Regulation;";
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be .wised or modified with the
approval of the FAA.
3. The neli Ineligible rconsiderat on j as tto shall not include ay costs aliowability under Section s 152.47 e 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 t arrtuant to Section 152.11 oftho 5eRegulat152.111 of ions' ?rgvidshe
that, !n the event a semi M gr payment ination
owa
all
those Regulati mentfirafatestwilt! be made at thettime of suchlsemif final p ymer to which such semi,
final pay
rNat:
FAA FOAM 1100-11 F0, 2 (1-12) SUF[AH011 VAIYIOUS COITION
l !
Page 3 of 7 pages
S. The FAA reserves the right to emard or withdraw this offer at any
time prior to its acceptance by the Sponsor.
6. This Offer shall expire vad the United States shall not be
obligated to pay any pare of the costs of the Project unless this
Offer has been accepted by the Sponsor on or before July 29 1977r
or such pubsequent date as may be prescribed in writing y Ae FAA.
7. It is understood and agreed that the Sponsor will provide for FAA
wVloyees 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
'pr%o-Ade, without cost, adequatit land for the purpose of parking
all o!fieial 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
be adjacent to rho facilities served.
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.
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 organisations
or firms. Responses by minority firms to invitations to`: bids shall
be treated in the same manner as all other responses to ►he invitations
to bids.
Compliance With the 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
Tranoportation.
The Sponsor agrees to effnctusts the purposes of Section 30 of the
Airport and Airway Development Act of 19709 as amended, by assuring
that minority business enterprises shall have the maximum opportunity
to participate in the performance of contracts financed in whole or
in part with federal funds provided under this agreement. For the
purposes of this provision, "minority business enterprise" means a
busimcs enterprise that' is owned by, or is controlled by, a socially
or economically disadvantaged person or persons. Such disadvantage
may arise from cultural, racial, religious, sex, national origin,
chronic economic circumstances or background or other oisilar cause.
Suth persons may include, but are not limited to blacks not of
Hispania 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.
FAA Form 5100.13 SW SUP (12/21/76)
page b of 7 pages
9. This project end all work`pezfoxsdtd thereundet is subject to
the Clean Air Act sad the Federal Voter Pollution Control Act.
Accordingly,
to
(a) eutsponsor ilized in hereby perforoince stipulates under a the $ rant i or tto
be
benefit from the grant is not listed on thoi EPA
List of Violating pacilitlee.
(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 i'ssuti thereunder.
(c) The sponsor shall notify the FAA of the receipt of
any communication krom the IPA indicating that a
facility to be UtiUsed 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 cAII!a to be
included in any contract or subcontract under the gran
which exceeds $100,000 the criteria and requirements in
these subparagraphs (a) through (d).
100 It is understood and agreed that FAA approval of the project included
in this Agreement is condi:.ioned oa the Sponsor's compliance with
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.
11. It is understood and agreed that the tam "Project Application"
wherevar it appears in this Agreemant, in Specifications or other
documents constituting a part of this Agreement shall be deamed to
mean the "Application for Federal Assistance".
12. The federal, government doas not now plan or contemplate the
construct'on of any structures pursuant to paragraph 27 of Part V
Assuranc`t of thn Application for 7ederal Assistance attached hereto,
and, therefore, it is understood ar.d agreed that the Sponsor is tuider
no obligation to furnish any areas or rights without cost to the
federal government under this Grant Agraaant,
rAA Form 5100.13 SW SUP (12/21/76)
page 5 of pages
13. Thv t►irport devlilopment`in this project r►iii be that harelslabova
set out and will be carried out as more particularly described Olt
the roperty map attached to i.' Application for Fecierssl Assist we
the 1 9, 1916 for AM Project NO. 5.48-0067-03 ar>tl inoor-
porAted hen's1 by refererroe.
r:
14. The Sponsor shall: sal
(a) be iacoiporatad in each bid or pon
Incorporate or cause to ,
form subsisted by prospective contractors for construction @7 (b; Soction under the project the-Pro lattons issuediby the Secretary Of T4atorl)
and 60.1.8(b) of the R 49u
(33 FR 7804, 41 CFR Part 60-1)d
attached hereto.
I,
(b) amply with the provisions set forth in Appendix
Assurance Humber 18 of Part V of the project application incorporated
the
1S. the and of the second :a+ch ±ir
herein is amended by including at the reand ofth that (A)
folloving languages including
c.crier, authorised to engage directly in sir traps9ortesoUsLaf such
to Section 401 or 402 of the federal Aviation : of
airport shall be subject to nondiscriminatory
cosparable ratan, fats, rentals, and other charges and nondiscriminatory
conditions as era applicable to all such air carriers Which make siniiar
subject to
use of such lairport aa ilicatio~isuchtasitenaatror nontenants, and combined
i
pa ssens c is or all cargo flights, and Suchacclassiification
or or wagerger and cargo !high
status ti neirrieslasioume~e obligetio0 !substantially similar to
provided a each fixed base
those already imposed on tenant air car~eeihal~ Csubject to the sam
operatbr wing s 84neral aviation sirpo a licable to
e f such
ratan, fee , rentals, and other chargerhesseama ori~tmilar uses o
all other fixed bass operators making above
prilarion (A)
airport utiiiz%g the am or similar faCiessseor other contract
shall not require the reformation of any 1976. Provision (ra above
entered into by a sponsor before July 12, 197 a or other contract
shall not require thob~oranJulyaly 1leas 9`+'S."
entered into by Sponsor
16. It La understood and agreed that no part of the federal sherU of an
airport davelopmenb'prolect for vhic.i grant wLdssunde1701e Airport
end Airway Davelopstsht Act Of 19101 (49 UsoCs at 84d)o
or undat the Udsru;l Airport Act, as mended (49 U.S.O. 1101 at of 4)p
shell'be ititcluddd iia the rata bast in establishing Peas, taw $ and
charges for users of the airport.
'FAA Yom 5100 13-SU SUP (12/21176)
a a;xi
y
1-
page 6 of 7 Pages
17. It is undeistood and agreed that the United States will not make nor be
obligat&l,to q~yA any taynnt for construction acocmplished under this
Gant kp ea",~,t winless and until the Sponsor has furnished evidence
satisfaatw to the Administrabir that it is the owner of p Y
interests satisfactory to the Administrator in and to the lard on which
such construction has been, or is to be aoooapli&W4
184 It is w4(cstood and agreed that the sponsor will not advertise for bies,
award any".construction contract or cocmmenoe Ce"trwtian of any item to be
accaMlishld under this project until it rtas submitted to the M. final
plans and ,ecifications and said plans arA specifications have been
approved, that the Sponsor mill submit said final plans and speoili-
cations on m before 60 days from the aaeptance date of this Grant
Agreement, cc such later date as may be prescribed by the FAA.
'r
'Ilisp 1of '7 pages
The S nsor's aeCe tan Ga Sof is Qr and ratiflcadon and"adoption.oi" tie Project Application
in rpow !herein shall .v eAl once by executlo of pries s Gment by 1e. SPont'sora as herein.
rant Agree in , as rovided by
afte p and Bald Offer aitd' Acceptance anal t
the Airpott and Airway Development Act of 1974, ,onstituting t.4e obllgetione and rights of the
United States and.the Sponsor with respect to the accomplishment of the Frojtct anti the operation
and maintenance of the Alrpt,tt, Such Giant Agreement shall become effective uporit the Sponsor's
acceptance of this Offer and shall remain In full force and effect throughout the useful life of the
facilities developed under the Project but In any event not to exceed twenty years from the date
of said acceptance, UNITED STATES OF AMERICA
FEDE L AVIATION ADMINISTRATION
By, ,.tai
prctiryg Chi (TITLE)
Fort Worth Airports District OaFice
Part ll•Acceptancu
The City of Denton does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
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 conditlcns thereof.
Executed this day of 19,77...
. qMA.I;1M .
(Name of Sponsor)
BY
(SEAL) .M`
Title .a, . • • . • .
Attest; T~.,
CERT ICATE OF SPONSOR'S ATTORNEY
R , ..10/.4/..... , acting as Attorney for . the.Cit oP. Dgt;Qr,► .
1, (herein referred to as the "Sponsor") do hereby certify:
lnat l have examined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and And that the Acceptance thereof by said Sponsor has been duly Ruth.
orized and that the execution thereof is in all respects due and proper ,mds to iccotdance with the
laws of the State of Te A.5 • • , and further that, in my opinion said Grant
Agreement constittntes a legal and bindins obligation of the Sponsor in accordance with the terms
thereof.
Dated at ..L, A7av,,. 24W....... this.... day of s~/ . , 19.77. ,
Title . . , .
rAA FORM 0100.111 00 Ott 0.711 1111VAIRflDlf FAA FOAM 1111 1106 A
APPENDIX 1
The Sponsor hereby agrees that it will incorporate or cause to be Incorporated
into any contract for construction work, or modification thereof, as defined In
the regulations of the Secretary of Labor In 41 CFR Chapt-or 60, which is paid
for In whole or in part with funds obtained from the Federal Government or
borrowed on the credit al the Federal government pur,4uant to a grant, con-
tract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program lnvolving such grant, contract, loan, Visurance, or guarantee, the
following equal opportunity clause:
During the performance of thlr 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
to their race, color, religioh, sex, or national origin. Such action shall
include, b-at not be limited to the followings employment, upgrading, demo-
tion, transfer, recruitment cr recruitment advertisingi layoff or termina-
V.on► rates of pay or other farms of compensation; and selection for training,
including apprenticeship, The contractor agrees to post in conspicuous
places, available to employes and applicants for employment, notices to be
provided sett ;%.1 _urth the provisions of this non-discrimination clause.
(2) The contractor. will, in all solicitations or advertisements for employes
placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
sex, religion, or national origin.
(3) The contractor will sev: to each labor union or repreeertative of workers
with which he has a collective bargaining agreement :ir other contract or
understanding, a notice to be provided advising the said labor union or
workers' representative@ of the contractor's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employes and applicants for employment,
t4} The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, as revised by Executive Order 11375 of October
1967s and of the rules, regulations, and relevant girders 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, regulation oi, and orr.:era of
the Secretary of Labor, or pursuant thereto, and will permit access to
Appendix I Page 1
't
his books, records, skid accounts by the udmints torli%$ agency and the
Secretary of Labor fox purposes of lnvactigation to ascertain compliance
wiC% 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.eanceled, terminated, or suspended in whole or In part
and the contracto7 may bb declared ineligible for further Government
contracts or federally assisted construction contracts In accordance with
procedures authorised 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 remodles Fnvoked as provided In Executive Order 11246
of September 24, 1965, as r+Ovised by Executive Order 11375 of October 1967,
or by rule, regulations, or order of the Secretary of Labor, or as otherwise
pros:dad by law.
(7) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Suction 204 of Executive Orde't
11246 of September 24, 19650 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 aay subcontract
or purchase order as the administWng agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided,
however, That in the event a contractor becomes Involved in, or is threatened
with, litigation with a subcontractor o,r vendor as a result of such direction by
the administering agency, the contractor may request the United States to
enter into such litigation to protect the interests of the United States.
The Sponsor further agrees that it will be bound by the above equal opportunity
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 oir local government, then above equdk opportunity clause is not applicable
to any agency, instrumentally or subdivision of such government which does not
participate it work on or ut.aer the contract.
The Sponsor agrees that It will assist and coopers"s 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 tecretary 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
5 t
The Sponsor further agraes that It will refrain from entering into any contract of
contract modification subject to Executive Order 11146 of September,24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally asaiat A construction contracts pursuant to
the Executive Order and will tarry out such sanctions and penalties for violation
of the equal opportunity olives as may be imposed upon contractors' "and subcon•
tractors by the administering agency or the Secretary of tabor pursuant to Part II,
Subpart b 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 rho following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, lnsuraq guarantee); refrain from extending any
further assistat:ce to the Sponsor unW~, program with respect to which the
failure or refund occurred u7111 satisfec0ry assurRnce of future compliance has
Wen received from such Sponsor; and refer the case to the Departm tnt of Justice
for appropriate legal proceedings.
i
I
Appendix 1 Page 3
6MN APpronl NR t94wle
16 A w MuWtE -06-03000
' FED AL A30,- U NO °
-
CANT? T"
.:~.._..r ' ` A1141114- It. Wt 10ENT1. 1 "n rw W00A 6r
IR[A~ItN~JItN A Yw Walk 400
am' Atp1N'.~ON , 0AT10N 19 77 1L MIN ASSIWItO 1176 OS 10
NOTwlica IN 0two
4. UAAL APPLICANT/RECUTENT E, rWERAL EMPLOYER IDENTInCATWN N0.
r. Jyr k*Ntrt I City of Denton
L ftwin1MM 1 Airport 0. a rlwa 1 21 O10110121
a shodo.0. M 1 215 3. Ncxinney M It. ME
a etu 1 Denton# • t+rwd I Denton
L Erb , '~+exas 4. ZI!'Yt+t 76201 r o" Airport Developmet,t
L to" hM% W"" King Cole (817) 3b2-9601 Ext. 214 C'u't Aid Program
1 N~. 1
T. TITLE AND DEECRI"M Of APKICANT'e MOJECT 0. TYPE Of APPLICANT/RECIPICHT
OF AN [,vedA~
As locate county road, olearingi adjust parer line
9= ('11'em) I
s+ttr tPPe.P.ku Iraer
0. TYPE 0/ AUISTMCIL
A Bids Fort D-Iawme
h waylomati Entt E-01Sr sager PNr
O'Ltrl PrWe ~Nbrr,U
SO -AM OF PROJECT IMPACT Xatian of % , E01,000 N M EL TWA"ILI A. Y►E 0► APPLICATION
~Edlr{eM4uM
City of Denton eater E~C"da a SSW spo"Nktt War
Denton County
13. MOPOEED ►UNDINO 14. CONORMONAL DISTRICT! Oft ts.Type t of CHMOK I cP Jet er 11e1
a 110 000 .II4 a "Kiew w "ACT eR11N o+~n D~ JI-odar e1N 9r+ bt
w 44 rr4~p~rE~~tt u cw.w.
L STAiI 1E DATE CYTW v i ttr 1A OU ATiON sreikt GrlrafU
4: LOM .M It 3 1r~+~t1u
L CMG .a 1!. MATE DATt "MA, Tee "on A00 19. 10USTINO TEDERAL IDENTIFICATWN NUMBER
1. "M 00ED L1 Y , 19 75r - - -04-77
m PEOERAL AOEN4 TOR ovIC REQVE.3T tNt1u, C1tr, 61e1e. srteeCel St. REMARK/ AOOED
FAA P. 0. BoA 9, Fort Worth, !Cex.76101 , Va me
tt. a to w Wd of rr knAWP 001 WW. R M t1t1Ire1 b 9 Cten'uyS t two N''Ae 8 "I " AM. W"14t b In. No re- JZarew
bb Is Mh 0W.P linumbitskaUn to drxwtl to to btr~4tltlt dariotl ieo[w a' +R tyobw in 1MuTN: Uwu41 ~it~sM!
THE tow e.J wn+It. W 4MAW W May
APPLCANT 4* ntAt kind b at E1rMLE b* M viously submitted O El 0
CERTIFIE9 IN IUNkt1t W ro t frlkw WIN t»rb 0) pre
Q
?PAT 10. W4 D' i or*W wi1, awwwo r ar "AI ll- to
93. L TYPED LM AN MR ► SIERATVRE a OATS Mam*.
n- ' Too yw1A der
RCPOE N Elinor Hughes, Mayor f, 1t: 77 5 18
SENTATIYY City of Denton
Ya1 ,bt0 W
~ AOEAiCT NAME ~IbN i+CEIMUCI1 s i9
11t111E
Yedptiwi Av1ai,ltfnt, AAminiggrAtAgirk
9L CKMIZATIONAt UNIT 3Y. AOMINI3TMTIVE 0/TN.E IL fEDERJL APPLICATIOt1
DENT (CATION
Fort Worth Airport District Office ASW-660 ;.AaU_cpj,7_ne
3!. AMAE3s a IoENTIi~CAt aNT
P. 0. Box 1689 Port-Worth, Texas 76101 5-48-0067-04
El. ACTION TAW 3L tUNDINO You read day $4. Yiar vmaa ar
tTARTINa
d A J.Ttem a ltDttll AO SS. ACtIO WE ► 19 DATE 111
* m[CttD L AIKICANi BOO ES. ~ONTACT tOR f QCITtONAL INFORMA- S/. Yru wrrtA /u
N (X006 AN jelePAnt t.r..to PAT 1!
DING
[3L SAM 104 e. STATE 00 IO -
AdDbMtRT it. MAIL Ift 31, REMARKS ADDED
4. twitLO a OTNtR 40
a ITIMOMNN f, Al E~ AO - vti ONG~
3E. t, to t1tiq theo ism, .M "aft"b tK1I44 kes dwrltl 1 WM_t}4 k I[OU11~Z!, 16air 0 1 UAL
MMeM. N.tom ntpMw u eft WWI OWSION N /wt 1. Of1E la A-7. lJVtwt. a a.)
KDEML A404Y N TO M1t a MuN A$&
A-0S ACTION
4!4.14( : By 010 F0 ;M 414 PAGE E 10-16
' , ~ Jlortrilt4 3r osA. reaw ~ttalrwelu twe,.~v r~
. J r'I r .d . k~ a q, i r. H i• ;','T~ • r .
/,JI ' TRANSPORTATIbIf • eEOERAL AVIATION ADMIN13fR01Y" p,,~e NO. o>aouo
0V , yM6jTOf
PART 11
PROJECT APPROVAL INFORMATION
SECTION A
Ite_ m 1,
Noma of Governing Body
Does this assistants request require stale, local, Priority Rating - -
regional, or other priority rating? x
Yes. -No
rem 1.
Does this assistance request require Slott, or local NBm~odf.Agency or
odvisorv, educational or health clearances?
Yss_,;--No (Attach Documentation}
item 3.
Does this assistancu request require clearinghouse review (Attach Comments)
In aceordonca with OMB Circular A•95?
Yes No Previously submitted
tem,A.
Does this assistance request require State, local, Nome of Approving A{ttincy
reglonol or other planning approval? Date
-.Yes No
le }
I f the, proposed prol6ct covered by on approved Check ones State 1`'
coa-prehansive plan? Local ►1
Regional (ill
Lpm Pl~►n
x Yes No Location of plan -=TCQQ-AiXPP1t-Sys
1e
will the osslstanw requested serve a Federal Name of Federal Installation installation? --Yes -x NO Federal Population benefiting from Proiecl _
,
Item 1. - -
111 the assistance requested be on Federal land Nome of Federal Installation _
or Installation? Location of Federal Land__ _ - j«
Yas X- No Percent of Prolect
film B.
Will lhr: assistance requested have an impact or effect See instruction for additional inlotmotiorr, to be
on the environment? provided.
Yes,X~ No
Item 9. Number ol,
TIME the assistance requested cause the displacement of lndividual s
Families
Individuals lomllies, businesses, at forms? Businesses
x
N Forms
If r1Q _
s there other related Federal assistance on this S%e instructions lot additional informonon to be
project previous, pending, or anticipated? provided.
AA erm 510.100 16.711 110e116E011 IAA PON.r 6100.10 PAOE6 t 7kllu 7 Pope 2
~IMTaipITOf MA115PflRTATlt• Fito[~~~ Av1Atf"c: +c1>iurblTRAnon
. pAl~ NO. Io•Rlllr
PART It SECTION B
11. SITES /ND IMPROVEMENTS: dot required, Attached as tlhibits
Applicant intends to acquire the site through:
Eminent domain, Negotiated purchase, Other means (spetify) See Part IIr 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 (specily)
13. INDICATE WHETHER APPLICANT;'OPERA'OR HAS'
Fee simple title, - Leasehold interest, - - Other (specify)
See Part II0 Sec. C.
11. IF APPLICANT.IOPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWiNP, INFORMATION:
a. L,.,Vh of lease or olhcr !stale interest , and number of years to run _NA
b. Is lease renewable) Yes No
c. Went appraised value of land S
d. Animal rental rate S
15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT'OPERATOR HAS IN THE
SITE AND CERTIFYING THAT.THE ESTATE OR INTEREST IS LEGAL A":C VALID.
NZA
1R. WHERE APPLICABLE ATTACH SITE SURVEY SOIL INVESTPC-All ION REPORTS AND COPIES OF LAND APPRAISALS. _
0. WHERE APPLICABLE, ATTACH CERTIFICATION FRIY;ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE
TOPOGRAPHY. N/A
18. A7TACHPLQTPL6N. ~ "A* Al-tacbed Ito AppL catio"or._Pxoj.-.No"!m46-Q062nO
19. CONSTRUCTION SCHEDULE ESTIMATES: Not required, 3_ Being prepared, Allached as eiihlbits
Percentage of completion of drawings and specifications at application date:
Schematics 20-rr Preliminary-_r.'r Final
20. TARGET RAT, S "OR:
Bid Adveitisewil Contract Award
ConslructiORCOnplr'tion-September-1912 Occupancy --September-4-977..__
21. DESCRIPTION OF FACILITY: Not required Attached as exhibits
Drawings - Attach any drawings which will assist in describing the project. Previously submitted
Specifications - Attach copies of conipieted outline spec if icalions.
(H drawings and specifical pns hive not been fully complelod, plf aw Alwh rnpieN nr %rifkino di.tw nee vot h3yn b4 neo rn ~elnfeA,1
40191 ItIWS OM ?00S 101h AN[ 111044PLANAIUNI, rMLrVONr, No o4stowt11o61 ANC ON001M.
FAA Fotm $100.100 (4.79 SUPERSEDES FAA FORM 5100-I0 PACE$ I YHMU I Pogo 3
• I
7
NKANW
,
i
O[MRtNEN1' Of TRANSPORTATION + f[DfRAI AVIATION ADMINISTRATION CW& NO. 04-A it"
PART 1I i SECTION C
The Sponsor hereby repretents and certifies as follows:
1. Compatible LAM Use,-The Sponsor has taken the following actions to assure compatible usage of land adjacent to or In
the vicinity of the airport:
Hazard/height zoning ordinance being adopted under ADAP103 project. All
airport property has or will be incorporated into the City limits and zoned
"light Industrial".
2. Delfaults.--The Sponsor is not In default on any obligation td the United States'er any agency of the United Slairs Govern.
meat relative to the development, operation, or maintenance of any rirport, except as stated herewith:
None
3. Pofuihle Diubilities.--There are no facts or circumstances (including the existence of effective or propnud leaser, +t~r
agreements or other legal Instruments affecting! use of the ;lirport or the existence of pending litigation or other legal procrrding')
which in reasonable probability might make it Iml4olble for the : pon:wr to curry out and complete the Pro'rr•1 or cart out the
provisions of Part V of this Application, either by limiting its legal or financial ability a otherwise, ezcrpl as fo~lnw•:
None
d. lAnd.-(a) 'f6r Spon+e+r lioldR the (ollowinlt phsprrty inlrresl in the following area} s,f land" which are t,p l+r dr%dolwil
tit used as purl of or In connedion with Ibr Airp orl, wblecl to the following ezrrplinns, rnrumlamcr=. and ad+rr,r inure-l•.
all of which arras are identified on the uf,+rrrnrntiunrd prolicrtl map dr,ignalyd a, !''X161,11 "A":
Parcel 1 Fee Simple Title
Parcels 20 3, 4, 5s C and D - Fee Simple Title or other property interest
satisfactory to the Federal Aviation Administration being acquired under
ADAP 102 and 103 projects.
tvlare rliaraeter nJ pre+prNY interest in rerh area and lie1 an ! idraJi/r/u►ra A fill rxrrpfi++nr, rurnnrbrnnrrs, Hall adrerol infevr,f+
of eerily hind an f opine, Artaf ing liens, raremrnls, !roses, err. he selrnrolr arew nj land Hoed onfY be Wrnlr/ied here !+v Mo.
died mothers shown on the properJ,r ruap.
FAA form 6160-100 to ►sl Papa 38
+
DEPARTMENT OF TRANSPORTATION FK09RAL AVIATION AOMINISTRATION OMONO.04•A*20
PART Il ♦ SECTION C (Confinued)
Tivl S~onsor further certiRes that the above Is based on a title examination by a qualified attorney or title ronlpany and that
such attorney or title company 1, :s determined that the Sponwr holds the above property intcrez,ts.
(b) The Spow%m will acquire within a reasonalde time, but In any event prior to the start of any con,lrurtion work under
the Project, the following pro wrly interest in the following area-; of land" ion which such ronAlruclion work is to be per(ormed,
all of which areas are Identlfic on the aforementioned properly map designated as Exhibit "A
Parcel 2A - fee simple title
Parcel 3A - fete simple title
~oc) The Sponsor will acquire within a reasonable Bens, and if feasible prior to the completion of all construrtion work under
the roiect, the following property interest in the following arras of land" which are to be developed or used as part of or In
connection with the :Airport as it will he upon completion of the Project, all of which areas are identified on the afiron irnlioned
property map designated as Exhibit "A":
Parcels 2B and 2C - fee simple title
Parcels 38 and 3C - fee simple titles
5. Exclusive Rl(hls.-Thrrr Is no ggrant of an exclusivr riKht for the conduct of any aeronautical acthit) at am airport owned
or controlled by till, Sponsor exrepl as follows:
Nora
7.~Idtr rhrfhN'lef I1 11wopertl' interest in enr-A Nrr'fl drill hol41".0i,irNNfl fNr14N-A fill 1'trrf/j~ON~,rovio1bAl"erg, Iml(11F0'rAr'irltrrr'11!
of derv kind un, nnlrfrr, fllrlgdlfl't lh'na, seism ents, lowsel, rte. TAI- selmrrlte fr,vls of 1,nnd Nerd tool; Idrnlifiell here Lv the
Oren nudlbers shoji m ton the proln'rly nlalf.
FAA Form 6100-100 (4 -is) POO 3b
1 ,
77
!ttldQtt OF TRAlt3~ORT fOM+ ~~0lit VIA "14 ikikistriAT' `ale »o, 46-e4a4
PART'III BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1, Federal Domestic Assistance Catalog No. • r • -~eyt's0~
2. Functional or Other Breokout • . . • • . .
~r I
SECTION B - CALCULATION OF FEDERAL GRANT
the *all to rovis4ons.
Torel
Coss Classilkeaion Aw*wed
West Apgovsd Adlusrmses RofrYod
Amount s or (•1
1. Administration expense S S $
2. Preliminary expense a
3. Lard,struclures, tight•ol-way
4. Architectural engineering basic fees in, nm fit)
S. Other architectural engineering fees
i
6. Project Inspection fees
1. Lard development
0, Relocation Expenses 000
4. Salocation payments to Individuals aro Businesses
10. Dealolition and removal
11. Construction and project improvement -%Loon, on
12. Equipment
I$. Miscellaneous
14. Total (Lines 1 throw h 13) 120400. 00
15. Estimated Income (if applicable)
16. Net Projul Amunl (Line 14 minus 15) ---M,000
11. Less: Ineligible Exclusions .0-
19, Add: Conlingencies _ 34333,13
19, Total Project Amt. (Excluding Rehubilitation Grants) 133, 333.33_ j
20. federal Stwo requested of Line 19 )
21. Add Rehabilitation Grants Requested (IN Pereerlt)
22, Total federal grant mquested(Lines 20 g 21) 1200000.00
23. Craotce share -13,,333,00-
24. Other shares - _ 0
25. Total ploiact(Lines 22, 23 & 24) 11 S 033 33.00
FAA F" 5100.100 is 171 $UPtAstott IAA roAlA $100.10 PAo;I. 1 fMAU 7 Pogo 4 •1
• I
kR-AATM OF TRANSPORT41n • r11091tAt.•AYIATt M AbMI owe No. 46. IN, 6I44
SECTION C EXCLUSIONS
ClucNk~N~n InS11e410 rp 1sclud.I from
Popok1tMiM Coal lags ncF Prwlcion
mil,
s s
s.
r.
Totals f y
SECTION D - PROPOSED METHOD OF FINANCING NON•r'EDERAL SHARE
27, Grantee Share S 333.3
a Securities
b. tilod3ages
c. Appropriations (By Applicant) 13.3 3J3
d. Bonds
e. tax levies
1. No Cash
.Olher(Ea lain)
h. TOTAL -Granite share 13, 333.00
29. Other Shares
A. State
b. Other
c, Total Other Shapes
29. TOTAL 13, 3 3.,00
S _ 1. 1
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Inslryclions)
_
fAA Pans 3100.100 16.111 1UP1111ftDtl IAA romm {100.10 PAOCe I IHAU 1 Page S
t
1.
5, T"A .j 7-1~ R14
6$tPARTMeHT OF TRAIISPORTATICN • ftD9KAL AVsATM "WHI6,1111ATION '
PART V
ASSURANCES
The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements,
including Office of Management and Budget Circulars Nos. A-87, A-95, and A•102, as they relate to the application,
wcptance and use of Federal funds for this federallyassisted project. Also, the applicant gives assurance and certifies with
respect to the grant that:
1. It possesses legal authority to apply for the grant, and to conducting Inspections to insure compliance with these
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 alter receipt of notification from the
stithoriting 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 atulhoil the person Identified as the official repel- rer.,onable diligence.
tentative of the applicant to act in connection with the 10. It will not dispose of or encumber its title or other
may be required, tandto provide such additional information as Interests In the site and facilities during the period of Fed-
may b
argil Interest or while the Government holds bonds, which-
2. It will comply with the provisions of; Executive Order ever Is the longer.
112P6, relating to evaluation of flood harads, and Execu•
tive Order 11288, relating to the prevention, control, and 11. It will comply with Title of the Civil Title VI of t that
that
abatement of water pollution. 1964 (P.L, 88 3521 artd in accordance with Tide VI
Act; no person In the United Slates shall, on the ground of
3. It will have sufficient funds available to meet the non- race, color, or national origin, be excluded from parGcipa
Federal share of the rest for construction projects. Sulfi• tion in, be denied the benefits of, or be otherwise subjected
clent funds will be visilable when construction is col to discrimination under any program or activity for which
plated to assure effusive operation and maintenance of the the applicant receives Federal financial assistance and will
facility for the purposes constructed. Immediately take any measures necessary to sffeauate this
4. It will obtain apprClal by the appropriate Federal agreement. If any real property or structure thereon is pro•
agency of the final working drevil and specifications be. vided or improved with the aid of Federal financial &Ws-
fora the project Is adveil .ld or placed cl the market for lance extended to the Applicant, this assurance shall otti-
bidding: that It will construct the project, or cause It to be gets the Applicant, or in the case of any transfer of such
constructed, to final Comp{Rion In accordance with the property, any transferee, for the period during which the
applketlon and approved stirs and specifications; that It real property or structure is used lot a puipou for which
will submit to the appropriate Federal agency for prior ap the Federal financial assistance It extended or for another
proval changes that alter bSe costs of the project, use of purpose invotving the provision of similar services or bene-
space, or funcilondl layout; that it will not enter into a fits.
construction contractlsl Ill the project or undertake other 12. it will establish safeguards to prohibit employees from
activities until theconditiontof the construction grant pro- using their positions lot a purpose that s or gives the p•
gram{s1 have been met. pearance of being motivated by a desire for private gain for
6. It will provide and malntaln competent and adequate themselves or others, particularly those with when they
architectural engineering supervision and inspectlon 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 and
forms with the approved plans and specifications; that it Title III of the Uniform Relocation Assistance and heal
will furnish progress reports and such other information as Property Acquisitions Act of 1970 IP.L, 0:,04G) which
the Federal grantor agency may require, provides for fair and equitable treatment of persons dis'
6, It will operate and maintain the facility in accordance placed as a result of Federal ind federally assisted pro
with the mininwm slandards as may be required or pre- grams,
scribed by the atiplicabte Federal, State and local agencies 14. It will comply with all requirements imposed by the
for the maintenance and operation of such facilities. Federal grantor agency concerning special requironl of
7, It will give the grantor agency and the Comptroller Gen• law, program requirements, and other administr,dive re
eral through any authorired representative access to All the qulrements approved in accordancr with Office of Manage
right to examine all records, books, paper, or docun+entt merit and Budget Circular No. A 107,
related to the grant. 15. It will comply with Ilia provisions of ilia tl.rreft Act
S. It will require the facility to be designed to comply wl:h which limit the political w.tivity of employees. '
the "American $lari l SpNifkilions (pr Making Build- 10. It will comply with the mininlwu wV! and nwKimum
Ingo and Facilities Accessible to, std Usalae by, the Physi• hours provisions of the federal F,tir Labor Standards Act,
cally Handicapped," Numl)cr Al 17.1.1001, as modified (41 as they apply to hospilal and cducatinn,,l eitlituliun em
CFR 101 17.7031. The opplicaot will be responsible for ployees of State and local guvernnunb,
FAA form $100.100 It4tl1 euPEASeoae FAA a<onu ato0•10ll I tHrtu7 Page6
' f
OR.ARTMONT OP TRAfISPORTATIt>!t • FlIMAi. AVIATION ADMINISTRATION oNS No. ee.rtoses
SPONSOR ASSURANCES
17t These covenants shall become effective upon sae tanee terms, and without unjust discrimination. In furtherance of
by the Sponsor of an offer of Federal aid for the Proect or the covenAn' ,but without limitingR Its general applicability
any port on thereof, made by the FAA and shall constitute and effect!, the Sponsor apecihcalty covenants and agrees-
part of the Crank Agreement thus formed. These covenants a.: hat in its o
a
shall remain in full forge and effect throughout the useful peration and the operation of all facilities
life of the facilities developed under thls Project, but in any on the Airport, neither It nor any person or organization
event not to exceed twtnty (20) rota frog the date of said occupying "poet or frcititir> thereon will discriminate
acceptance of an offer of Federal aid for the Protect How- against any person or class of persons by reason of race,
ever, these limitations on the duration of the covenants do col or, treed, 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 at.
result tin the suspension or toomination of, or refusal to rangement +;nder which a rightor privilege at the Airport
grant Federal assistance under, FAA administered programs, is granted, to any Pera,n, firm. or corporation to conduct
or such other action which may be necessary to enforce the or engage in anyy aeronautical activity for furnishing
rights of t►e United States under this agreement. services to the public At the Airport, the Sror..:or will In.
Mil and enforce ptoyfilona requiring the contractor:
(1) to furnish sold service on a fair, equal, and not
18. The Sponsor will operate the Airport as such for the use unjustly discriminatory bask to all users thereof,
and benefit of the public. In furtherance of this covenant (Q) thargrAl ,v fair, reasonable, and not unjustly c'is•
(but without limiting~ its general applicability and ett"t), cal lin pricer for reasonable. e . unit or service; Pro•
the Sponsor speclAeallq agrees that It will keep the Airport v(ded, Tha'. th e contractor may allowed to make
open to all types, kinds, and classes of aeronautical use on Y
fair and reasonable terms without discrimination between reasonable and nondiscriminatory discounts, re.
such types, kinds and classes, Provided; That the Sponsor bans, or other similar types of price reductions to
may establish euct fair, equal, and not unjustly diner mina. volume parcvasers.
'
tory conditions to be met by all users of the Airport as may c. That it will not exercise or grant any right or prix
be necessary for the safe and efficient operation of the Air• ilege which would operate to prevent any person, firm or
oortl And Provided Furthtr, That the Sponsor may pro- corporation operating aircraft on the Airport from per.
hibit or limit any given t pe, kind, or clue of aeronautical forming any services on its own' alrcraft with Its o*n
use of the Atrport if such scilon is necessary for the safe employees (Including, but not limited to maintenance end
operation of the Airppoort or nec. scary to, serve the civil avia• repair) that It may choose to perform.
tion needs of the pnbllc, All. Jn the event the Sponsor itself exercises any of the
rights and privileges referred to In subsection b, the serv
lets involved will be provided on the same conditions as
19. The Sponsor- would apply to the furnish;ny of such services by con•
a. Will not rant or permit any exclusive right far. tractors or concesslonntres of the Sponsor under thr.pro•
visions of such subsection b.
bidden by Sect on SOS(a) of the Federal Aviation Art of
1968 (0 U,S,C, 19I9(a)) at the Airport, or at any other 21. Alothing contained herein .hall be construed ,o peo•
airport now owned or controlled by it; hibit the granting or exercist of an exclusive right for the
b. Aces that, in furtherance of the policy of the FAA furnishing of nonaviotlon products %nd supplies or any serv
under tAIs coven int, unless authorlxed by the Administra• Ice of A nonaeronautieal ,tat rv or to obligate the Sponsor to
tar, It will not, either directly or Indirectly, grant or per. furnish any particular nona,.~nautiral service at the Airport,
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 tnalntaln In a safe and
trolled it, to conduct any aeronautical activities, in . serviceable condition the Airport and all fucilitlea thereon
eluding, but not limited to charter flights, pilot training, and connected therewith which are nerrssarll• to serve the
aircraft rental and alpghteeeing, atria! photography, trop aeronautical users of the Airport other than f.tcil;tics owned
dusting, aerial advertising ant; Purveying, air carrier op- or controlled by the United states, and wifi not permit any
eratlons, aircraft sales and services, sale of Aviation petro- Activity thereon whlrh would Interfere wish its use for air-
leum products whether or not conducttd In conjunction port purposes: Provided. That nothing contained herein
with other seronattlcat arlivity, repair and maintenance shall be construed to require that the Airport ho operated
of Alteraft, sale of alrcraft tarts, anti any other activities fpr acronoulicul u.eM during temporary p ri(Hls when snow,
which because of their dim, relationship to the operation Anal, or other ciimatir rund;tions intrrfh-re wish such opera.
of aircraft can lie regards as an neronautical activity, lion And maintenance; And Provided Further, That nothing
I. Agrees tilt it will lerminale any existitlg rxclu+lvr herein shall lie runsirurd as tequiring Re nn,intenance, re.
right to ngage in the sale of rasuline or oil, ur le,th, pulr, rret+,ration car rv l+lavvnwr:t ue nni' rrrurtur,, or facility
granted before .1uly 17, 106,-1, at such or airport, at the uhich Is rui+.Llntinlly~ +lam:,>e.l (.r drAILo%•,d due In an net
eatilest tenrwal, cancellation, or rtplration date apptical,le of GO or nthrr condition or rlrrlinl-tame tp•1•,ml lhr con•
to the agreement that establishod the exclusive right; and teal of the tilw,n-or. In furtherance .f thl• ,,+venant the
Sponsor will have In rtrtvl at :All times arr;ole .menu for:
d. Agrvrs that It will tottninalr any other exclusive a. Olt; ratiog the 11!1!,4111-s aerunautiv;ll futilities when.
right to conduct on atronnulienl nativity 11ow'ex1-tint; at ever rrquirrol.
such an airport la-fore the Krnnt of Ant assistance under
the Airport and Airway l4wrlrpment Art. It, Promptly n,arl(ins,• :dal lighlin¢ Iwrards rrsalting
from nirplirt condition,, ilirlU+lIng t'lnpul'llly CPilditl(,n A,
and
. The Sponsor agreca that It will operate the Airport for e. Promptly notifying uirmm~ of nay condition affecting
t e use and benefit of the publir, on fair and reasonable aerunantlvnl u•r or the Abp4prl,
FAA FOfm 5100.100. tl-TSl P49e 7
r ,F
COAfI111110l' OF TRAWSIPCRTATWO. FEDERAL AVIATION ADte1NISTRATION
• own sic. easleaee
/314 Insofar as it is within Its ppoowar and teasanoble, the (the total movements of government aircraft multiplied by
r ietA fici at ultlherllntereestk In orIrigihts far the u%e off lend or Avesmillionhlunj;ghts of surF alrcraftl is in excess of
alrapact or by the adoption and enforcement of soninR rents. .
latlons, prevent the construction, etertlnn, alteration, or . Whenever so rrquestrd the FAA, the Sponsor will
itrowth of any structure, tree, or other abject in the a f. funish without front to the Federal Government, for con.
pt'ooc }iiol of the runways of the Airport, vohkh would %traction, olkrntlon, and mnintcnsnce of far0itir14 for air
eonstltute in obstruction to air nsvinat!on according to the tratrle control aclivilirs, or weather reporting artivitlra and
criteria or standards prescribed in Section 77.23 as applied communication octivitlex related to air trAf r control, such
to Section '0.93, Fart 77 of the Federal Aviation Regufa- areas of tend or water, or rslale therein, or rights in t•uild•
lions. In sold;lion, the Sponsor will not strict or mmit the inns of the Sponsor sx the FAA play consider necessary or
trectlon of any -larmanent Rtrurture or for Illy which would desirable for onstructinr, at Federal expen.r of space or to.
interftrt mstrriall:.• with tine use, operation. sir future de. rilities for such purparos. The appros9mate amounts of nreas
veiopment of the Airport, in any portion of s runway ap- and the nature of the property interests and'or rights to
proaeh area in whrci, a Sponsor has acquired, or hereafter required will be set forth in the Grant Agrerment relating
acquires, property Interest, permitting it to to control the to tho Project. Such arras or any portion thereof wall be
use made of the surface of lh, land. made available as provided herein within J month. after
receipt of written request from the FAA.
24, Insofar as It is within its cower and reasonable, the 286 The airport operator or owner will maintain a ea and
Sponsor will, either by the a*•lsition and retention of
easements or other anteresta In or r;ghts for the use of land the airport user for the will nilae and services acing provided
or sirtppace or by the adoption and enforcement of saning the airport users which will make the Airport as aat tIP Air-
tegulatiore, take action to restrict the use of land adjacent inn . t possible under the ut If fa stanca the vole at tr,e Ai•
and pur the
compatible writh normal airporrtr operations In. fort, to in iof col ectinn~ch faelor> as the volume of trafllc
poses and economy
eluding landing and takeoff of alreraft.
29. The Sponsor will furnish the FAA with Ruch annual
25. The Sponsor will keep up to date at ail times an airport or special airport dnancinl and Operational reports 1114 may
liout plan of the Airport showing (1) the boundaries of the be reasonably rCgly thi s AA trpay may be Ited on
Airport and all proposed additions thereto, together with forms furnished t th FAA, or may be submittteV d (n such por the boundaries of all offxlte areas
owned or controlled by the manner as the 3pm elects Ra loan as the essential data
Sponsor for airport purposes, and proposed additions thereto- are furni ectinn The Airport and all airport records and docu-
the location and nature of ali existing and proposell menta a ogre the Arrgula ionludinn drella, lessen, operation bnd airport facilities and structures
(such as runways, ta:.iaays, be mode available, tforrlnrpccition And audit by the Secretary
aprons, terminal bullrings, hankers And roads), including all and the Comptroller Central of the United States, or their
proppoosed extensions and reductions of existing airport fa- duly authorisctii tepreRrntstivea, upon reasonable request.
cilI Its; and (9) title location of all existing and proposed The Sponsor will furnish to the FAA or to the General Ac-
nonaviation areas and of all existing improvements thereon, counting Office, upon request, a true copy of any such
such airport Isyr,ys plan and each amendment, revision, or document.
modificasian therfloff, ►hill be sublect to the approval of the
FAA, which approval shell be evidenced bqq Oe slltnature of 30. All project accounts and records will be k1. t in Ac-
a 6u[y authorised representative of the f'AA on the (see of cordance with a standard system of accounting if Ro pre-
the airppoqrt layout plan. The Sponror villa not make or permit scribed by the :secretary.
the maklAg of any changes or alterations In the Airport or
liny of Its facilities other than in confotmity with the airport 310 If at ary time it Is determined b~r the FAA that there
layout plan as Ro approved by the FAA, If such chances or is Any out!tnndinR right fir CIAlai of rI.A It in or to the Airport
alterations might adversely street the safety, utility, or roperty other than those set forth in Fart It, parncraphs
efficiency of the Airport. (a}.41 1. and 4(c), the existence of which create. Of un-
Ed risk of Interference with the operation of the Airport or
26r All facilities of the Airport developed with Federal old t1,:1 performwice of the rovenants of this Fart, the l4ponsor
and all those usable for the landing and taking off of air. wil, acquire, t~tldgutsh, or mnd(fy such right or claim of
craft will be Available to the United Statrl at all limes, with- right in a manna- acceptnhle to the FAA.
out emerge, for use by trovernmer, nircraft In common with
other aircraft, except that if the ise by government aircraft 32, The S nsor ivlfl not enter into any transaction wlitch
Is substantial it reasonable share, nroppoortlonal to such use, would operate to deprive It of any of the rinllts and powers
of the cost 01 operating and maintainfng farilities so used, neressary to perform any or all of the ememArits mode
may be charged. Unless otherwise determined by the FAA, herein, unless by ouch transaction )tic obllns+lon to perform
or otherwise agreed to by the Sponsor and the uslnpg~ Stoney, all Ruch covenants Is nssunicd by nnother public agencyy found
substantial use of on airport by government A;ccrnfl will he by the FAA to he olfgihle under the Art and RrAulalking to
considered to exist when operations of such aircraft sire In assume such nNigat(un14 and having the pnwpr, authorlty
excess of those which, in the epinlnn of the FAA, would and finanviAl resources Io carry out all such „bligat(ens. Ir
unduly inlcrfere with use of the inndlnR arrn by other nn arrangement Is glade for manugrment or operation of
authorised aircraft, or during any calendar month that, the Airport by any neeney or person ether ih:ln the Sponsor
dr till cnlploy4,r of the Sponsor, the .4p, +>ar will teKerre
s. Five (n) or more government nfrcrcft are regularly sufficient riy,~hts and authority to Insure thnc th1. A11 pert will
based at the airport or on land adjarent thereto; or be operntcl Anti "m ntn(^r,' in arc ordance with the Art, the
b, The total number of movements (counting eAch land. Regulallon14, and 011.14, rnvraanK
Ing as A movement And exch takrotl as It mavrment) of 33, Unless the context otherwise requires, all term+ used
lallve wment eight aircraftlernitiont more,or r uth gross mirrni- In sing the Airport Regulatfonn shall have the rheanins:4 :i.cIgmkl the Ac
to hcin ltArr In.
FAA Perot 5100100 tt.ril (ASWRO 8/76) Pala a
p z e t4.r. N
ON 4
SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION
DATED S -1 . rOR A GRANT
OF FUNDS FOR THE DEVELOPMENT OR IMPROVOWT OF THE
DENTON MUNICIPAL AIRPORT
The City of Denton (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,
78 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d-4 (hereinafter referred
to as the "Actl% and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle
As Office of the Secretary, Part 21, Nondiscrimination in Federally-
Assistud Programs of the Department of Transportation--Effectuation of
Title V': 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 toe Act, Regulations, and other pertinent directives, no
person in the United States shall, on the groundd of race, color, or
national origin, be excluded from participation in, be denied the bene-
fit* of, or be otherwise subjected to discrimination under any program
or activity for which the sponsor receives Federal financial. assistance
from the Department of Transportation including the Federal Aviation
Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take
any zqeasures necessary to rs:a„tuate this agreement. This assurance is
required by subsection 21,7(a)(1) of the Regulations, a copy of which
is attached,
More specifically and without limiting the above general assurance, the
sponsor hereby gives the following specific assurances with respect to
ADAP Project No, 548-00¢7-04 .
1. That the sponsor agrees that each "program" and each "facility"
as defined in subsections 21.23(x) 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, net the sponsor shall insert the following notification #n all
solicitations for bids for work or material subject to the Regulations
and made in connection with ADAP Project No. 5-48-0067-04 and, in
adapted form in all proposals for negotiated agreements;
The City of Denton
In ac'Pordance with Title V[ of the Civil Rights Act of
1964, 78 Stat. 252, 42 U.S.C, 2000d to 2000d-4 and Title
49, Code of Federal Regulations, Department of Tranapor-
tation, Subtitle A, Office of the Secretary, Part 21,
Page 1 '
Nondiscrimination in Federally-assisted programs of the
Department of Transportation U sued pursuant to such Act,
hereby ►otifted ail bidders that it will affirmatively
insure that in any contract entered into pursuant to
this advertisement, minority business enterprises will be
aft.+rded full opportunity to submit bids in response to
this tnvitation and will not be discriminated against on
the grounds of rcce, color, or national origin in considera-
tion for an award.
3. That the sponsor shall insert the clauses of Attachment 1 of
this assurance in every contract subjer.t to the Act and the Regulations.
4. That where the sponsor receives Federal financial assistance to
construct a facility, or part of a facility, the assurance shall extend to
the entire facility and facilities operated in connection therewith.
S. 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.
b. 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
entered into by the sponsor with other patties: (a) for the subsequent
transfor of real property acquired or improved under the Airport
Development Aid Program of the Fedoral Aviation Aftinistration, 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 be%'wlopment
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 Transportatio.% or the
official to whom he delegates specific authority to give reasonable
guarantee that it, other sponsors, subgrantess, contractors, sub-
contractors, transferees, successors in interest, and other participants
Page 2
a,
Of Federal financial assistance under such program will comply with all
requireoants imposed or pursuant to the Act, the R
assurance. egulations, and this
40, The sponsor agrees Cnit the United States has a right to seek
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-
taining any and all Federal grants, 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, subcontractor3; transferees, suc-
cessors in interest and other participants in the ADAP Project No.
5-48-0067-04, The person or persons whose signatures appear bolow
are authorized to sign this assurance on behalf of the spo~.sor.
DATED_27-77
CI. ty of I ton
(Cponsor
by
Title 0.W4.r- V
Attachments 1 and 2
Part 21, M Regulations
pa-~e 3
117
V1. . ,
TTACEtiEH, r
tiring the performance of this contract, the contractor, for itself,
its assignees and successors in interest (hereinafter referred to j
the "contractor") agrees as follows:
1. Com,_)Janca With Restu ations. The contractor shall comply with
the Regulations relative to :.ondiscrimination in Federally-assistecl
programs of the Department of Transportation (hereinafter, "DoT") Title
49, Code of Federal Regulations, Part 21, as they may be amended from
tisce to time, (hereinafter referred to as the R¢gsilations), which are
herein incorporated by reference and made a part of this .:ontract.
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 discrinination prohibited by sectton
2L S of the Regulations, including esaploynent practices when the con-
tract covers a program set fort'% in Appendix B of the Regulations.
3. Solicitations for Subcootractea Including Plocu rgments of
terials and F,guiprnesrt. In all solicitations either by coopetitive
1 or negotiation etiade 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 co0a tractor's obligations under this contract
and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
4. Information ans! Reports. The contractor shall provide all
information and re to required by the Regulations or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilitibs as may be
determined by the sponsor or the Federal Aviation Administration to ba
pertinent to ascertain compliance with such Regulations, ordors, 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 mach to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's
noncomp L tnce with the nodigcrimination provisions of this contract,
the sponsor shall impose such contract sanctions as it or the Federal
Aviation Administration may determine to be appropriate, including, but
not limited to--
a, withholding of payments to the contractor under the
contract until the contractor complies, and/or
b. cancellation, termination, or suspension of the contract,
in whole or in part,
b. Incoroomtion of Provisions. The contractor shall include "the
provisions of paragraphs 1 through S in every subcontract, including
procurements of materials and leases of egvipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall
take such action with rbspect 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-
vided, however, that, in the event a contractor becomes involved in, or
is threatened with, litigation, with a subcontractW or supplier as a
rei.~,t of such direction, the contractor may request the sponsor to enter
into such litigation to protect the interests of the sponsor and, in ad-
dition, the contractor Day request the United States to enter into such
litigation to protect the interests of the United Ststas.
ATTACHMENT 1 - Page 2
t
t~
A CWNT 2
The following clauses shall be included in 411 deeds, licenses, leases,
Permits, or similar instruments entered into by the
provisions of Assurance 6(a), on pursuant to the
,
The (grantee, licensee, lessee, permittea,, etc,, as appropriate) for
himself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the conr'.deration hereof, does hereby covenant and
agree (in the case of deeds and leases add "as a covenant running with
the land") that in the avant facilities are constructed, maintained, or
otherwise operated on the said property described in this (deed, license,
loses, permit, etc.) for a purpose for which a Department of Transporta-
tion program or activity is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee,
lessee, permutes, etc.) shall maintain and operate such facilities and
services in compliance with all other requirements imposed pursuant to
Title 499 Code of Federal Regulations, Department of 1rat.iportet1on,
Subtit{' ,Office of the Secretary, Part 21, NondiscrimInition in
Yaderal; saisted programs of the Department of Trap-portetion-Effec- ~
tuation .c Title VI of the Civil Rights Act of 1964, and as said Regula-
tions may be amended.
(Include in licenses, leases, permits, etc,)*
That in the event of breach of any of the above nondiscrimination
covenantst 6f Denton
shall have the right is ►erminace the (license, lease, permit,` etc,) and
to re-enter and repossess said land and the facilities thereon, and hold
the same as if said (licenses, lease, permit, etc,) had never been made
or issued,
(Includa in deeds.)*
That in the event of breach of any of the above nondiscrimination
covenantal a City `ofDenton
shall have the right to re-enter said lands and facilities thereon, and
the above described lands and facilities shall thereupon revert to and
vzst in and became the absolute property of the City of Denton
and its assign;,
The following shall be included in all deeds, licenses, leases, permits,
or similar agreements entered into by the City of Denton
pursuant to the provisions of Assurance
6
The (grantee, licensee, lessee, penmittee, atc,, as appropriate)
for himself, his personal representatives, successors in interest, and
Page 1
e
assigns, as a part of the consideration hereof, does hereby covenant
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, cclor, or
national arigin shall be excluded from participation in, denied the
benefits 4f, or be otherwise subjected to discrimination in the use
of said facilities, (2) that in the construction of any improvements
on, over, or under such land and the furnishing of services thereon,
nn person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination, (3) that the (grantee, licensee,
lessee, pertmittes, 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
Secretary, part 21, Nondiscrimination in Federally-assisted programs
of the Department of Transportation-Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants, _ the City of Denton I
shall'have the right to terminate the (license, lease, permit, etc.)
and to re-enter and repossess said land and the facilities thereon, and
hold the same as if said (license, base, permit, etc.) had never been
made or issued.
(Include in deeds,)*
That in the event of breach of any'of tl,.e above nondiscrimination
covenants, the.City o€ aenton
shall have the right to re-enter said land and facilities thereon, and
the above described lands and facilities shall thereupon revert to and
vest in and become the absolute property of -the City of Dnton
and its assigns,
*Revarter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate the
purposes 2f Title VI of the Civil Rights Act of 1964,
ATTACtMENT 2 - page 2
,
RU1.15 ANO RIOIJtATIONS,
Tide 49-Tuksp0ATvoir A,p.aCe Swiss. ,...k. the ,art 1214 DtacriminaIsom peo{.fal"
rSoldido A-OtRcs of the Secretary Of Apr•w+ s: AaaituN to WDtdu this pan (A) Oeaerrl: Me Perfoo In the United
Tlampenotton to West A ,rtatay eblrettre ataW Shall, on the grounds of rue,
Io12 oats Mw fll M Mtge tN►rol a.aea.t ..aN.aw color, or wtsonal Origin be exatuded
p(vvteaenplayrte6l. ram PUU71pau6n In, be denied the
PART 11- NONDISCRIMINATION IN Mpeadu e: Aypucatwn or Part al M „r• beTMnG of. Or be otherwise Subjected
/IIDIRAILY•ASSISTIO PAOCIAMS "1 PW414 onanctal "at"" so to ddrertmins'Jort under, arty program to
a. tbsNpartnestof ttaupavtagea, which WAX" apptia.
Of THE OE►ARiMtNT Of TRANS- Avrmoarrvt tee Mrldoae.ef this Pat fl ib) Ory scuons
PORTATION-IffICTUATION Or Issued prohlbittd:
3" coder mod. 0. M of the arc rugau AN
TI1t! V) Of THE CIVIL RIOHf1 ACT of a<Iae4lu oa o. +aood-:), (1) A recipient under any program to
r, put Apofs may not. 4!reeuy
OF 196' S 21.1 Perpssw Or utrouth Contractual or other a ; t.nge• '
The purpm at this axtendraent adding no purpose at this part IS to face. ments, on the grounds of race. color, or
Tart 31 to the Regulations of the Office tutu the proWlons O! Utls VI of the naWnalorlfln
Of the Secretary of Tram rtats't to Civil Right Act of 1144 (hereafter to. 1t) Decry a Person any service. Anan-
starmeal Section 101 of the C)rU RfghG forted to as the Act) to the end that no elai add, or other benefit provided under
program'
AC1 of 11N. person to the pnited States shall, on the the
80CUoa 101 of the Civil Rights Act of grounds of race color, at nations) art- till PrOQ10 any' setykf, ltaanolal aid,
1114 toralde dbcriufinatlon on the ~Sn, be excluded from pullclpaUon In, or Other benefit to a person which Is dit•
grounds of race, color, or national Orig1n loo deaf Est benefit of, or bs otherwise lerent or b provided In a Offv4at man.
YtWtr asyl~ Program or reUrity that to. subjected to discrimination under any r r, from that Pro tided to others ender
041101 Mrs; flrML14 assistance, Sea- program or activity reeelvinf Federal thoprogram;
III= "I of "a Act outhouse. and di• Ananetlusistalsnfront theNPartmed. Iw) Subjett a person to aegrsgation
mete Koh Federal deportment or agency otTraasportatlon. or sspersto treatment in any matter
that IS aw,^owettd to wtat any profraaa 121 2 Apptkaldon of this part. related to 01 teeelpt of any "nice.
Or aetlrib to Wue refulations impte• financial ald, %V other beaeft `der the
tatatiat WcUon 101. Accordingly, the (a) This part applies Ids uty program Protean;
Department Is adopUng Part 21 to ao• for which rtdenl financial assistance (IT) Restrict a person N arty way in
ComDllah this legtslative directive. Since Is authorised under a law administered the enjoyment of any advantage or
tteL regulation will t»ver the subject foe by the Department. InOludlrf the PriTllete enjoyed by others receiving any
i!M /acre Department, UiCluding 1G op. federally assisted programs and seurt• serTiee, AnancW aid, or ether Magill
lntin f r4mintIts , t, the apPl)caawty Use listed In Appendix A to this parR II under the program;
oft'atl10171Ue18codeolridetrllleg• also applies to money Paid property (T) 7Yeai a person difetently, from
WaUoru (Department of Commerq)I to trarufertK or other eras dn%dcw others In determining whether he Satis-
the Department of T iumpurlatl is Yattancl extended under any Such pro. Are any admission, enrollment,' quota, t
ItiFaby terad uted, The "stmt Farm. grant ofGr the tffertive date of this DArs ellglbility, memborshl , or other requirer. . r
tloas of Via V.S. coast Ouard Oll CFR pursuant to An Application approved be. men%.Vr eondltloa t h persons mull
h~aMt 141 and the Federal Aviation Ad- lore thst eQsettve date, This Pad dots matt In Order. 14 be p ldod any se"
10sinlsttlUOD (14 CYR Tart 11) oNl W not apply to. Anancll aid, of other taall provided
etoael/Q b1 sspu'1te OCUMA Of those 41) Any Metal Anki lei assistan0o .0!.1104%mi Or
dreaa~a by w at limuttate or Iguar'anty . (TO batf 6. room 64 optjortunitr to
atnoo th~L Sipendmeat relates to greal eontrsey; bafuldpstl la a Program through the,
program SOU t and publl0 proceduen 112) ltln:uy std, Property tfa13Atorred, irOtWel of alm"I or owrouo of
aw A" DO rewired and it may lax or other Wis extertded under arty afforda him an OPPOrtunlly W der 00 which
11104001 effective In less than 10 days. such ptogram bNO the ofeeUva dote is 4140161 4" that afforded others
D~ 00nrWantlon of the (oresoinr. Sub. Of" part, except where tun essttartee under the program,
Usk A Of 41W 4!I 01 the 01' PkQeral wss gubJKl b the Utie V1reluisurins o! 411) A reel tent (ri determining (!s01
~{6gt11tUad1 U 610613444 by a e a new try stow whose resP Mulues off types Of Ae~poS 4V&rtetal old or other
TaM 21, fs loilowe, efD4etlve Duna l/, nowexeroa)adbythisDepasuadatl L051840, or tabtlfiled whkh Q be Pro.
rN4' ' Tlilealnl ntlsmad01undar1h01ght 1u• (t) A% aesistoaea to Say Individual "404 Under fry rpch program, or the
+ 4hoetl of 102 of tee CYTU pli w is Wtimate b6nfAesary Under class of Person to whomt oe Uhl Situ cote
01111 (411 yd.d). 20004.1) oad th01 avtub Protnm; of 14 Which. each 4erVlCel finaneis aid,. .
4lrgref/rrCdtolbAl>p01r+141 Any amPkymliol praette01, urtdu, bene04, or faeiltt~N *1111 be pJr,.
?ul~uopi to e01celoe 10! of the Civil say ditch iteaey, rot got iabor jtolxitje • t tinder nay rush prognar, of th/
titights Act o! 1104 U! t7SA.'000d.j1 Plaftfall Ciw of OlraOgl to be afforded an oppor•
described ' ht lunlty to poruetivat4 In say Stith pro.
t7i11 re21t1tUon ha6 been apprprrd by the Ke"I to the "Not
Treotd6ai 1114(c), ~ram ; fnity not, ~irattly or Utrouth Can.
tFletaal of other arronterneat, uU1W
Issued to Washincton. D.C, on fund to, 'I'hs fact that a Prot ram of 101171!1 Is criteria or methods of 6dmiaistroUon
11T0, not listed let APPeadlx A b this part which have the sAeel at SubJeCtlttt per.
JofrlrA Your, ahall not mean. V title Yt of the Art It tons to dtacrintinat{on becotee of their
8 drerlferyo! rrsoAPortaitoa Is Dot ts CottN 4 app o Other that such Dro
4 der role, color. or national ^Mrla, ni have
dd. Other r programs tinder the effect of defrating of a1lww .r.:,'
11,114W how W force Or hereinafter an. ImDatrlnt aceomplishmont of the aL•
IJ A , teatlot of cede 0art, sated may be added to Appendix A M jectlres of the program with respect to
l,o ~sarlaa(asuonor* Ibitad, thiepul. individuals of a particular rub, color,
46.4 Amm,!casregwnd. (b)•1A any prorrsm receivide F4dersl or national Orion.
111 0omp11"" 1afe,tiat(oe, Ananntal aalstarfa to the form, or for (1) In detorMi tang the site or loe$.
,IL I Qoe6us%of lavnt'U04L Me "udeitioh of real property of to tion of fecaluds, a recipient or applicant
lf,le Proadae for etretltt eampttaea, tnterdt In reaj property, to the extent
II may not malt! Selections with the pur.
.IS It.ertae~tae Shat tishu to spud on, over, or under
lI.H
haddoae tad twtltaa i0y etkh propert/ fro Lxludtd as part "err effect of eccludint person from,
!I.{I Jadletal niter. Of th1 PM ram Feeelvfn the I. LulSWlett, d6nytaf them IN ConeAy Of, Of 6UOJCC4
1{ i sf tie" tl0as forxr and 11fe t10ndiurimlost)ongrequinment o! progrthem 14 am owhicA issretrufaUundlpVIja,
Ili$ Dowudmt, Uds M AMU attend to any facility on w grounds of Face, color, or naUoatl!
bated wholly or in part in that Spate. brltin: or with the put or otw of
RO" Il411111, VOL III, N0, 1!1•-twir11/AT,'ft1r1'11, tiro
r
' r
MUS AND ntaktAnaNt,,
etefistng et evbttiotisily LmP►trtdt the orteln In say oniptarment practices of r21 In the to" where iii Hera! Qnan.
INANWlshmetal of the obJectuts of Sias the ttclptetrt or other persons subject to till AssUWM W Provided to the form
Act of this pr+t• thr regulation tenda, on the grounds of of a transfer of real property, structures,
W As meet to this setuan the am- race. Color, or rational origin, to exclude of Improvements thereon, or tnureet
toes, AA&WW Aid, of other liguAts pro- IndJ"&W4 from pWkipxtlon la, to tlsreus, from the Peden? Gaverrunent,
ended Slid" a program reoeiving Federal deny them the benefits of or to subject the Snstrument'IfWkr! or recording the
financial Assistance Include any service, rheas IA discrimination tinder any Pro- truuftr hau contain it covenant run.tloafcW aid, of other botteet provided
gram to shkh this refuuton applies, f►ing with the land whuing noadisertm-
'in a tluouth a facility provided wltt the Pr/►lawns of subparagraph 111 of, In+tien for the period during which the
'the aid of Moral flmatclal asetstanu. this perahRaph emu apply to the cm- real proPfrty Is wed for a purpose for
The enumeration of tpeciib foray ployment tnractta of tilt tetlptent or which the Iedenl financial aatstsate 4
of prohllaited dtverlmhlratlon us this otter persons subject to the r"WAWn, extended or for another V toga, Involy•
mpb does not limit the gtneretuy, to the extent necessary to assure equal- Ing the provlkn.ot~lmliar services or
section. bltlon In parsgnPb lot Of Ityof opportunity to, end nomdiacrimlaa- benefits. Whets no transfer o' property
key treatment of, btoeficlarles, Or Interest therein tram the Federal Olov-
(0) ixamptes demonstrating the ap- rdl A recipient may not make a Allot- Arming l involved, but property Is &e-
mu of this Mellon Iwo or a site or locauom of a facility t Aulred or improved under it program of
tsrtalo protnaas of the Department th► ,r.•pooe of that selectlon, or its elect Federal financial Assistance, the reclp-
«7tanapottaton are evntatned In AP- ,non trade, Is to exclude Individual ' Ifni shall agree to include such tore-
po"it 0 of Shia Part, 'from partlelpatton In, to deny them the nanS In any subsequent transfer of such '
111 M part does not prohibit the benefits of, cr to sublet{ them to dls- propert?, When the pro Petty Is obtained
eaetddenuon of race. Color, of national trimloallon under arrgqt~ Protram of W from Me Federal Govommeob suet . ,
Origin It the P» fPoes and eifecS are 10 tvlty to which this tulo appuss, on the Cotenant may also Include a condition
remote of ovtrcome the tor•.aequemtes of grounds of fact, color, or natimaj coupled with a flgl,l le be reserved by the
P ietka or Impediments which have re• origin; or U the purpose is to, of Ito teteet Department to revoil titlo to the prop.
101 0a avauabuity of, or I~artlclpa• when made will, substantlaity Impair the Of IV In the event of A breach of the covey
. dam in. 1=16m, Of Ycllvity recelvtne ,accomplishment of the objectives of this Pont where, In the discretion of the
RlyedeUs. assistance, on the poet secretary, such a Ccoditlon and right of
"out discrimAnstorY f, color, o rAtionspnetici f 11.1 Asaanneee nghhited. fetcher U appropriate to the program
NAgerare,P,gf r f
under which the real property It ob-
of usage Units, on the trouride of race. Sal Goarral. 111 Every application for txIntel and to the nature of the grant aria
color or national Orls'_% to exclude 1041• Fedual financial assistance to tarry out th+ grantee, to such event if a tearu-
Vlduals fror0nrit~ rtklp►ton tits to deny a protram to which this ppart apptie+ fern Of tea! Property propasiss to mart,
Vern the befit~a of, or to subject them except a Program to whleh paragraph ate or otherwise enaunbor the real
to dleslmlrutlon yodel any pro`nm tf (b), of this leetion a Silles, and every ap. property AS letutlty for financing con.
Activity to which this Pori applies, the pucation for Federal flnanclal assistants struction of new, or improvement of ex•
h applicant or, reciplom list an obligation to provide a facility shall. As a condition lating, fxcilltles on such property for
to take reasonable actlon to remove or toll aPProval and the esttnslon of any the Purposes for which the property was
Onreams tthagg commences of the Prior Podsrsl financial assistance pursuant transferred, the Secretary may agree
discriminatory practice Or usage, Md w to the application. contain or be accom- upon MUM of the transferee and a
aeoompuah the PHgma of the Act. Panned by, en assurthea that the Pro- necessary to accomplish such gimme.
rot z0*107mint Practices- tram will be conducted of the fuLllty op. Ing, aq upon such conditioag• as Ee
111 Where s prlmm objective of r, er►tod 14 =4#m llaaae with all require. 4eeosl aPPtopritte, to subordinate such
Prot" of rt§ew financial Asals(AWA In Wby or, Pursuant to this fight of rewreloo to the isen of such
to which tAif part applies le to Worlds Oer J21 y #16st'lI i % yyd ral Man- Mallets a or r encumbnu-te,
employmea{, s teciptea► of other party oral ar►q ahall esquire the submit- Ibis Co 014 Jag State Ororramt. ivory
Nub id I U IWI. alW1 pp1
Coq . diner) of Non of ouch an wurtnce. 14 tha case rpplkauoo bit a Rests or tj 4tata Agency
t(~ax~ctuai or other slings, io7rorthide Moral oi In i u form i of personal t~Cerry out a program nvolvtng Con.
glen sy lct a. rson to disuimum- UIrtt Federal fuunclai assuance to
pp
b~ roparo, of teal proyyorty, of Interest which this part applies (including the
Slott qb„t rounMd of raft, color. of therl'oy Of structures tureao, the Wur• prdtranu ustaet In Apptmdlx A to this
naponal otilid in Its employment Prat- snot C all Witato the recipurt or, In Potltf shelf u a condition to Its a 1ta1
Ikea tteder A'pra``ram Oneluding the rue of A lubsequefit trans er, the and Its extension of any rederal t~.rta0•
erutlalent t.'tktvftment Advsrtisinf,
b transfortf, for the Period during which clot gnu"" pursuans to tho ajplke•
irimf I~gtedint, promotion, do• the pr9~p40g1O) ~~l Used for a Puryow tof Sion (11 contact or be aecompaOJed by
tf, tayeff" termination, which the lYdfell ISrratutal Assistance IS a IWOMInt that the Prior• 0 for,
d o f Olhte foray of Compeau►• extended Or for another Purpose Involr+ In the ease of a coo prngrarn, wu bet
noel or to, selection for trair"t or Ing the Provisioner of similar services or C0411eted In CO4e ante with all re•
apprebtte p. use of facilities, and benefits, or for As lone u the tfclplont ~utnments fmpo ed by or pursuant SO
treatment of tmplorm ' such fetiplent retains owriRNhip or possession of the this PAM and Itf Provide dr be accom•
a," "half take afdrmative xenon SO it"" properly, whichever Is longer, In all Pulled by provision for such methods.
Wet applicants an employed, and em- other tas the assurance shall obligate of administration for the pfomm As
pWm are treated during employment the recipient for the period during which are found by the 111"reta to ive
without regard to Shelf rate, color, of ry g
Oattana! erisun• 'MO tf4Wfemen4 W to the rodirs) CnaOCial In the coo is extended
the reasonable All ie gwrantN that the applicant
ial
t0ueable td tonstrucuon employmm U114 s4the L1 so. to the cue where the and All recipients h aj financial
fig. auuunea under r such prolrrogram will ilt em-
day &by Itch program shall be those Aseutsnco ee t~ fought for the faculty, construction
roeebud (o of Pursuant to Part in of o A facility or part of a faculty, the as. Pty with all tequlrements 'mposed by or
eeutrl Order 111(1 of any Faceeuure surincs shay in any event extend to the pursuant to this part.
der 11244 Of
order which O entire facility and to facllitlet operated 6!19 Comphs-see information.
supersedes
-assistance to In monoction therewith. The secretary
1e
pa2) Federal
under AnazieW
nazi -assas mall specify the form of the foregoing Ian Cooperaflon 044 asiblonte. The
ferret by the lawsf funded of whits hive admin. aaeurmtes for each program, and the secretary shay to the fullest extent
As r Orlmat Objective Its wpremdLes hich hoe extent 1e which like smuntncceo will be practicable seek the cooperation of to.
as include lames set motes In requlred of subsrantees, contractors and eiplenl In obtaining comppuante with
tmPlorlx 91 l to this Out. subcontractors, u►risferres successors in this part and shall pprovide arelrt►ncs
(1) Wbero A ptim►ry oblectte of the Progtaf ,"Arty sOther ants in th and uch assur =aece hall In- compl+l voluunt rily Math -this pxt6 them
Fahdlral 6Aanclal aauetamae V not to elude provisions which Rita i t@ United W Compltdwil reporft, 1Cach erec10-
Pf"IsId 1"Ormemt, but ducrimlnsuoa states A right to look its judicial tt1 thaJ keep nkh rleatdl sad submit
04lfie grounds of face, Color, or national enfoe(abVn4 , io the secntartr Wooly, ecmpiM, and
r10tAAl 1101101, VOL Wm I%-4t1YA W4rA art • if, left
F
n '
rCd w~ J'.
i
RUI Ak0 RI(ItllAl
accurate eompilmntt Margo at tech inform the reclplent and the matter will rl) Thor* hu been an express fir l
times, and to such form end contalning be rnolved by Wormal meant whsiu"tr On the record, after apportuniLY for hear-
such information, as the 8ccretarr may possible, u It has been deteruucwd that Ing, of a failure by the applicant or re-
,determint to be necessary to enable Min the matter cannot be resolved by in- cipient to eomplywith a requirement Lm-
t4 ascertain whether the recipient hat format Manna, action soul be taken as pored by or pursuant to Wi part:
eoatq(ted or is complyins with thlt part, provided for in 13t.13. ail The action her, been approved by
in the vest of any program under which 111 it an tnvestft►uon des rot soar- ti+f rotary pursil bt I lt,t7tel: and
6 primary recipitnt extends federal rant uUOA pursuant to subparagraph e) The expiration of 3e days after
Artanclal ambiance to any other rec(p• (t) of this parstrmDh the Secretary will the Secretary has filed * Ith the commit-
lent, lull other recipient ahail alto tub- to lnf rm the recipient and the complain- tae of the Ouse and the committee of
call such compliance reports W the ens) arty, In writing. the Sonete harms lealstative lurudic-
primary recipient as may be necessary to (s) fntlatfdafory or refeliatory alb UOn over the program involved, a full
enable the primary rxlpient to carry out prohibited. No reclplent Or ether pat- written report of the circumstances and
itt obtigaUane under this part. son shall Intimidate, threaten, coerce. or the grounds fog such action.
t Meets fo aoarder Ot (elonnettun, discriminate satlnst any Ind, ;due) for Any action to suspend or terminate or
sae4s 41 lent shall permit adcess by stye pungent of I+tttrforins with any right to refuse to Arent or to gontlnue Federal
the Secretary during normal business 'h oriv" secured by section $01 of tier financial otsistance shall be limited to
hours W such of Its books, records, aa• Act or this pars. or because he has made the particUlar p011LIC91 ehtitY, or part
COLLOU, and other sources of lnforma- it complaint, tstuulsd. assisted, or par- thereof, or other applicant or reciplenl
!lore, and to facilities as may be tleipsied In tally planner In an Inveetiga- as to whom such s finding has been made
pertletaua W •aueruin compliance with Lion, proceeding, or hiar(nr bAdth'1Mq it(d'sh1A'be 7ltnited In its eRtct to the
shit part. Where MY Information re- rt, Oho Identity of complainants shall puUcular program, or part thereof, in
qulred of a ►eeipial Is In the exclusive a kept dentlet except to the extent which such noncompliance hm been so
postMson of any otter agency, uuutu• psaW Wesrry out the purposes of found,
tion, or person and this agency, trieutu- l)yu par4 laduilins the conduct of any (d) Other meats cuthorpcd b law.
tion, or person falls or refuses to turn" invattiga'JOn, hearng, or judicial pro- No utlon to effect Compliance with Utie
this lnformaUon, the reclplent shall a trading Arislas thetwtider. V1 of the Act by an other means au•
satisfy In its report and shall set forth thorhed by law shah be taken by this
Neat efforts It her made to obtain the 191.13 Procedure fit offteans can. Department Until- .
4itormatlon. ptlaace. (11 The Gtcretary her determined that
(d) Jalornation to beneltolarier and (a) Cle itral. U there appears too be a compliance Cannot be secure4 by
participants, Each recipient ahatl make fallur or Utresterl faqure W comply mluntarymeans;
and other to interested persons artiicipant, do such !n with its part, and It the noncompliance (3) The recipient or other person her
pr thtestetud noncpmpliance cannot be been notified Of its failure to amply
tormallon regarding the Gravitons of corrected by informal Miami, cocaylisnet and of the aeUOn W be taken tai i.
this part and its oppMCOb(htY to the with this part maybe affected by the sue- effect acmplianc0: and
program under which the recipient to. pension or termination of or refusal W (3) The erptration of at least to days
serve lhderal financial assistance, iM grant or to continue Foderol Mandel from the milling of such naCco to the
make such information Meltable to aui+tanct or by 116 other means ALL. reclplent or other person. During this
them In such manner, as the Secretary thortsed by law. ouch other magna may perled at at lust 10 days, additional
We necessary ``o apprise such persons tr4ludo, but we not limited to, I(I A efforts shall be made to persuade the
of rho protecUOht against disdrlmina- reference to the Mpartment of JiLatice reolplent or other person :a comply w1sth
lion assured theta by the Ail And thts with a tefomaw+datidn that appropriate the trouts, tionand W take sigh eerrefUvs
pats Proceed.i~sas be brought to enforce ~r ny 5411oA►smoybe►ppropilate,
J" ta pi the Vns litateo under any'&*
121.11 Cwrdael of Inve.tlsallons 0 yytea ~ry lineludipg other 1 gl,l! flesrtnga
tog rerfadle compliance Views, The eeOf the Act), at any aasurenee r (a) OPWtuauy for heart+y, Man.
t#eo[ilary sohall from lima to Lima re- of"rontnsteel in:certsktng, and ever in opportunity for a hrtrtnt U
A I (ho practices of reelpieAte to deter. any Applicable proceh4ng under State rtqulred by 11i.11(t) reasonable notice
mine whether they are compyjrg alth. or le)eal law, shall be It ran by tic~itered or tortim
this part tb) No mgloal Ith 1111. U an Map. return receipt requtatad, to the
(b) Complaints. Any parson who %I- applicant falls or refq to lurnhh ►a affected applicant at recipient. Title no.
lflreit hlntaolt or any specind class if Assurance required undue 1 !Lf or other- sire shatl advise the applicant of re-
perwnt to b0 subjected to discrimination wise fats or rs.uuet to sompit x-lth it n- elpylent of the action proposed 4 be
prohibited by this Dart may by himself gWroment IcaDaeq by of pursuant to taken the aptdIAO provision Under which
or 1It A rtprestatotlve tilt with the el that Nitbn, eaeral financial Assistance its , It Action saints It is to be
rotary a written eonlplalnt. A complaint may be refuted in Accordance with the taken, ~ at to et fact or law
pptUusI be bled notltter than to days otter procedures of paragraph (a) of this see- auAs the Is for this action, and
the ilpped dUCriminatson. tion. The Deportment shall rat be re- either ii) At a dace not )eti than 70 within
site date of It e
urtxeas the Lime for Altns It extended by tutted to ptorldt assistance In ouch a wait Oil or the date of such notice recipient may
8eerelary. ease during the pendeneY Of the adminls- which the ADpllant or 1110 ay
the
(e) fnverifeaflonr, The Secretary will 1011ve proteedings under such "go reassess of the & hr0tAFY ears that the spatter
R bs scheduled for uanng or (!1 adttut
Mika A prompt invatigatlon whentvef graph, owever, subject to 1 214. the the applicant ti reeypjent that the miller
a compliance review, topers. comptslnk Department shah continue Assistance in question has bran set down (or hear.
or any other Information Indieotes a during the pendency of such proceedings 41, st a stand plan and Limo. The time
ss1b11 failure to comply with this part, white such Assistance Is dv1 and pay- and plies to fixed shall be feAsanable
The investigation will t»ctuds, whim able pursuant to an application approved and shall be subject to things for cause.
appropriate, A review of the pertinent prior to the etftctlve date of his Dart, The romp,tinsnt, If 91,1Y shill be advised
practices and policies of the riclplent, it) 1 aminatlon of or rrlusol to gran! at the tlyde ►na plus tithe hearing. An
the elroumstanere under which the ;)as- or to coatinte Federal financial assist- applicant or recipient may waive a
sibte noncompliance with this port des once. No order duspdnding. terminating, he Tint and submit written information
euiired, and other factors ftlevaht to a Or refusing to grant or continue Federal and argument for the reccl The failure
dokrminstlors as W whether the reclp- financial asusianaa shall become etfed- of an applicant or reclplent to request
lent her failed w comply with this part, live until- a hearing under this Data 1t9h or to
(d) Aeso(atlan of mattefe, (1) U an (i1 TboSetretaryhatAdvised theso- appear AI A hdarult to 31c, a date
6 v stlgatlQn pursuing to y sragr►ph (c) ptieaAt or recipient of his failure to gain. her been lot shall 1 deemed !a W a
e t~te section indicates s fadura W tom- ply and her determined that compltatwe welter of the right to a hearing under
p with thll park the 8edreNry will so cannot be sedated by voluntary metro; sawon $03 of the Act and 13I,13ta1 and
"fi scaling, vot 31, No, Its--THUMAY, NN1 It, 19re
J
AVUS AND 11GULATKIM
e MUW te' the mitlat of a deeisloa ea 121.11 iDacbi..s had sakes. 00154lu0104, and other provisions its Are
as buts at Such kt OMIUon sw W eo Wt4*nt with and will effectuate the
avauaws. (a) f rocddur; oa dtelsione by Aegrfnt PuMOM Of the Act and this part, inriud•
(b) Vote and two e/ hearing. }fear. eteealndr. it the hearing is held by a 104 prwifons designed to assure that no
lags shell be held at the offices of the hearing txkh%W#r, the hearing examiner Pelletal financial assistance will theft.
Departaunt In he ftshington. st ivt~hoil d. e t make r~WyVIA entire rrcorA siffebe extended or U no" d ~tMaed
drat AM by the lContvteaty Unless he g
rm
detetminN that the eonrenleaee of the Ineluding his moetamended findings and by ouch decision to be in default in its
&VAIMt Or recipient of of the Depart- Pmwtd decWon to the Stcroury for s Perfomwwo of an "v4mroct given by It
mat t sires that another place be al decision, and a copy of such ln1tW Pursuant 90 this put, or to have other.
eel~etN, 11e6rinis shall be held before decision Of CMlgcatlon shall be mukd will hUtd to eanptY with this part,
the Secretary, of at his discretion, before to the APPUCArit of N*CIPlenL Whtm the unless end wstsl it eorrerte 14 noncom-
a NAME examiner APPOln4d In AC. Initial decision 4 made br the hedring Ptlanct and saWfies the Feeretary tMI
000dsnce with section 3100 of title s, exAmiodt the Applicant of recipienpttblay, t Will fully 90M I with UdJ ;.rt.
'Vatted Slates Code, or detailed under Within titer the
oectlon ill/ of sue 0, united SIakS
decision. ►Al~ wlfhsthi An9)pFO# tt m natiplent cetdin s. (I
Cc&. (secretary his exceptions to the initial ftcted by An Order tuued uAdversely Lf.
nder part.
(4) Althe to eovatel. In all pprated. decision, with his reasoeu the:etar. in graph (f I of th)s section shall be restored
,big anddr this section, the applicant or the Absence at exceptions, the Secrttary to fullellglblutY to receive Fede»1 flnan•
ttalPNat and the Ikpartment Shall have may. on his awn motion within 10 days else Assistance it II sat4Aa the terms
Lborghtlobe represented bircouniel. arwr the Initial decision, serve an the and Conditions at that order for such
fill) tloctdrnes, emdence, and record, Applicant or recipient a nouce that he ellirtblllty of If It brings Itself Snto cc
(1) The htarln`, decision and any a& will review the deebloo, Upon the filing vllanee with ish this s part and provtdel res.
mla4uou" review thereof shall lit con. of Such exceptions or obnouce of review, PILIL t isgurance this Put that it will fussy
dtsAted th conformity with sections 101 the Setretarr ahAU review the Mltlel de• comply with this part,'
Waugh isl of uua 0. Vatted lists cision and Issue his own decision thereon 171 An applicant or reelplent Ad-
Code, and in steotQ►nct'w1th such rule including the reasons therefor, In the ab• versely A"eected by as ardor enured pur•
Of Procedure at art proper land not In• sense of either exceptions or it notice of Suanl to osrocroph (f► 01 this Section
Oauis4111 with this Sectlon► relating to review the UQU I deei:on shall. subject may at any time request the decretaw
*the Oondllet of the hearing, giving of to panuraph (s) of this seeunn, eonntl- to restore fully its eligibility to receive
boucle Subsequent t0 those Provided for W4 the final decision at the a ritary. Federal Anancfal ue4tance, Any such
In paragraph (a) of this section, taking (b) De WAJ on record or resi,ia by tequat shalt be Supported by Inform.
0r' testimony, exhlWts, argurnen4 and the lecrelary. Whenever a record Is o.•r• UOn shas'ing that the Applicant of
btitfs, rtqueets for findings and other tilled to the Secretary for dectslori or h6 reclplent has met the requlrementa of
elated matters, both the bepsrtmeoi reviews the decision of a hearing exam. subOlmomph tt) of this paragraph, It
Mad the appUeant or recipient shall be iner Pw.writ to partgraph na► of this A„• EeerttArY determless that than re-
JMtUtled to Introduce all relevant evi• section. tr whenever we Secretary con. quln :nts have been satisfied, hf shall
4enee on the issues fie stated In the notice ducts t5t heartrr, ft applicant or recip• restore Such eligibility,
[of hearing or sec determined by the oM% tent shAV be given reasonable oppor• lit If to Secretary denies any such
ar conducting the hearing At the outset Vanity to 410 with hint be'.efs or other request, rite applicant or recipient may
of Of during the hearing, Writtenet4tM,•g4 of Its eon4ntlons, and submit a request for a hearing in writ.
ell T"hnlesl rules of evidence do roc a written copy OV !lie Anal decision of the [g.potj , speeslYing why It believes such
Apply (O heerlntS eoaductaA pottnent to 3etretary shin b1 re(It to the anpUean{ 1 to have been In error. ft Shall
ttDDflss part, but ru1N or Prinelples dal+rltd Or reelplent and t0 the complainant, tt be siren an expeditious hear.
t0 assigns production of th1 resat ere Clb4 Arty,
1, With a dec'slon On the record tr► et.
Otldafet )available rind td subject InU• (e) Decisions 0e rewd Off# a hear. GotdgaCt with rotes pr Proeodur" blued
1 AAF to 4S1 by arm-firwria Jon AAW 1110 it roatced. WhenMr a hearing to brf~ tht 11tOre(ary, 7Ts1 applicant pr rt.
be APPIied where reasonably necessary b) walred puriuent b 111,10, a deetsloa dfpkAt w1u be reitared to such eliglbtUty
}i+e Outer conducting the Carta , The siting LI mods br Usg Stem" an the le !t Prot" at Such a hearing that 11
tlnf epker MAy exelnt a Weevant reobr4 and a lrit4n copy of such Sect. SA1ssAed the requirements of wbpara. '
fineutertal or unduly, repetitious ev1• store Ahall Uf tint t0 Uto applicant of tfJah ter of thu paragraph.
Since. All 4ocumfn4 turd other evidence •eelPitat and to the eamplai iaL if
090114dPp ottuN Sh►u be be Of W60 for the Mard shall be &At. v,h It prProceedings under this ParalrappD~
by acs PePo Use under this ten posed by
Op/et 10 lly ay shs W v the partlei ofsd, id) RaMngt re fired, fAch decLsloo of the ard'y?(µtiy under paragraph (r) Of
given tq refute facie • hearing examiner or, the Secrete"
t this Sectkh Shall remain N eCeet,
the e argu0ien4advancedoael{htraideoff shAli Set foith his rosins on oath And•
lunge, A (rafueripi shall N Mf~de of ant conclusion. or exception Prtunted, 11111-19 J'edlefxl tevltw.
the oral wldetsed except tie Vhf dgteni tree An, Shall weaut1~ the regwrefieat of ' `AMA taken Vra"rit to section 107
tltbAtUft thereof 4 sUpulatea tqr Ne requI"m mt4 at ed by 9r 9urnlont to yf th0 An 4 eubj~tl to JuQletal rCyeve
t000{d All decisions shall be bar/ i upon thl& Part with vAhhtch it 4 found th*I the aS pedrAn lu section 0113, o! to Itrt " °
the [uatlnf record Arid xrlt4n 11 ndsnet apvlkent or recipient hu ruled to
ehAll be node, 4114; L1rkt en orher rtgaleslonti
(t) co"Ohfefed or Joint heart$ go. in V Approval by duretdry Any Anal Iwnse, mad ln.truetiona
taAp In which the same or related facts decision by an olEctal of the Department, fa) 911 On other refula(rons. All
Ara asserted to cotlimute nonaompl aka other thAn the Secretary perionAlly, regulations, orders, Of 1lkd directions
With tbUi salt witn respect to Jwn of which provides for the Suspension or issued before the effective date of this
• nytre 01091 MI to which this park applies, terminguan of, of the refusal to grant hen by any 0 car of the rifpgrtmeat
Of noneomPtiAnce with this part and the er continue Federal financial asstrtance, which Impose requirement, designed to
forilatloru of one or more othee Federal of the Imposition of any other unction prohibit any discrimination against Indi•
10 Attmentd of agtneito issued under avalabld under this part or the Act, shat: 1, Usti On the Inwnds of race, color, or
uW V1 of the Act, the Secretary may, promptly bit transmitted to the Stere• national orldr under any program to
by 04reement with such other depart. tart personally, who may Approve such which this part applies, and which
men or Agencies, where applicable, pro. decision, may vatate it. or remit of mltt• aulhorife the suspension or terminelion
111410 oe the conduct of consolidated or tags any sanction Imposed, of of refusal. to grant or to eantinud
joint hearings, and for the applkauon , It Content of orders, no finial Qetl• fie) A"MClal LulStarwo to any mupu•
LO Such heutngs of rules or procedures sips mar1~ pOfrgrlds for Suspension of Baal for or recipient of such uSUUtnrd
em tndonsuttnl with thioppart. Finid do. terminitlea , or refusal to event or under such Plrolrw for hllun to Com•
eislom In such cues, tnsolu aW this if 1. continue Fed( as AnanCW a."Istahed, in ply with Ouch requirements, Are hereby
Wauoa IS Concerned shall be made in aa• whale or in part, UAder the program Ut• SuPerseddd to the eaten) Vhet ouch dis.
oomwo with 131,11!. yotved, and rear eonteln Such terms, ertmlaat1011 4 prohibited by INA Pert,
rVitu lwlftti•yO It, Sid, Its-fMuel*Ay, wet it. tare'
r
ttf}!f ANO RIGULATIONf
swept that nothing in this part may bf .amiderallon Or at a nominal confides. of-way teveAn real prefierty nade+ abilities
donsidere i to relieve any person of any tint, or at a consideration whkh is n. of the Cow utrd 34 UJIV, w (a) Gad
ebtiiatknauumtdOfImpoaedundo rA" doted for the purpose of assiaUng the (0)1•
such superfeded 11fulaU011, order, ta- reciplem. or in recognition of the plblie 6. VWttation et Coast Guard persenad
struttlon, or like direction before rho Interest to be served by such sale or ldata end rPt11111de by any sat., to"Itary, aw-
effeeNvs date 01 WIS Par'- NOWAS In to the feel pion tl and of"Wa. or porh11cal 8041.1are4 txeroof Its
this pall, however, iuperitdol any or 11) Any rederA streement1,, arrange. VAC, 141161).
the fotbwoeI (lnctudtns future amend. menRoroMer contracewhlchMs; ton' 6, Use or Conk Guard personnel for duty
asenW thereofli III Executive Order of its purposes tht Provillon of UWI, 1a wnnacuoa .t fna+sUme lMwalea
11:44 (1 CSR, 066 alupp. P. 1671 and Pas trustn6 b the e 4144", terrltoHea and
r"WILUom Issued thereunder or (1) any a"tp' herto Rico (`I{ U8 Q. 144 l.
rdl "PrlOtary recipient" means any 1, vat 6: e0eelow and ether Owt Guard
Otherordul, reguisUms. of Instructions, recipient itat is authorixed or required tnuerul by @*A scout urvica of slot seouu
Insofar as such Orders, regulation, or to extend Woral financial assistance M of Arnerka, any totofperatad vedt of the
InstrutUons prohibit dWrimination on another recipient for the purpose of Ce►at Guard ►uA,tury, and p416110 bear of
the ground Of race, color, or national carrying out a program. prlVote org4nlaauon not apatrw for profit
Ori/tn in any program or situation to (e) "Program" irsai.dt6 lust' proem It Vs.Q. Nlpll.
thigh this part IS Irupplkabts, or pt*- m, A V cesas ouare Auuu.q Program (t1
project. Or assent for the gee bens )I p 13
i-coal.
ttblt diurtmiasUon on any other services, flnanclAl aid, or other benefits I. sr. VN Of pare ref we support of bola
Ground. to tndlviduats (Including education or eeleatifid reNar•:h by nonproAt lnstlta)tone
(b) rorros and lnsfrurtknl. The flee- eralnosg, health, relfar6, rehabilitatlan, of higher edut.,ton and boaptoal otpalte.
awta0t' two a t1sus ts[atsC rperwtu make housing, or other Nrvlea, whether pew dUel;nuni r warsa j1 1:111110060 wl4"40" of
rtde4 throYth employees of 4`fe raclptant 14. uN et oo;d made In deanlctloa *Ith
and detailed InstmUons and procedures of Federal Artificial asststsnu Or pre the yeaerai•ud Made rregnra (seta 1-11
or eltfctuaUn` this part as lipFlled W sided by others through contralti or oad 11-20 of the rsderal Airport Act, l1
to which this part aPP $as and other Arrsngtments with th• ratlpGppt, V.s V, slot-1111, slit-11101. ,
Or w1Uch ha U IIsponaible, and ineludlns work OppOrtunlUtel, Of of It. Use er VA, lead acquired far pubNs
(4) dr0d*OU(dn and eoordlrwtton. Th• the provulon of fatllitka toe lurabhlng alrporv undo-
ANrrury~essay trines, time to time assign services, financial aid or other benefits a 6ecgea It of the reder►t Airport Act,
to Ofbelo>! of the NoWatfal, or to om- to otdlviduaIs. The servica• flna"elal aid, 46 Va.O.p t11k End
of the Oovernsnent rititwhth t• eoraissent of or other benefits provided under a pro. i Pror l~Attyert1144 so 13(1) of Via
. 1
grata reetivin6 Federal MonClal adeIst- 162221`1. an e4L a or the Aft Of Oct. 1. 114
,
such departments or agencies, respond, once shall be doomed to Include any 6o l d p.ApU. {web).
bUlUts to connection with the'tlactua- sere ices, Anvwlal aid, of otter benefits U. A tv"s 44 deve 4 out In (on"40"
Aeot a toisfdthep purpaet).fe thin t of the provided wleh the aid of Federal f.rtan. With the ATIGUea Cducauoa program of she this ActtY for Mat d (o o"u than T*sPod
W 'ele.1 aeslstanee or with the aid of any federal Avl4uo i Admiouteation uadsr add.
rtoa•Federtl tunes. Ptopeety, or atilt Uoo& M. ut, and 1131&) or the rederal bUecision provide iSe,11). eioorddinitlone icchovemeilnrrtnf rtooutees
required to be expanded or t~"tl.0as CAd 1764(au gmcaeed NI VAO,
Uyll and Maxi and made available for the program to meet tli VA of naatA bad law 144010 In toa-
unic or Y btrilL the 1.Wn the e B Daranch of the mgtcW requirements or other toad!" avcv,a with orbon sew TvaesportAUoa
wli vsrssrtthe W the a ranch of titse tlon w ch must be met in order to r6- C .pew r►ctlltsoo Grant gad teas %oras--
sna t)tls ate to rlrnsPar program6 and efts' the Federal M►nelu assistance, rr`6a MASS 7Yawpertaco. Alt e/ Ilt1,
Wp and to Include any asWets. fnonetal a:d, u smOU1d 0s V,6.650071,
Ire almllu aPtuatioas. Any action taken, or *that benefits provldtd to or thfW4h a 14 USA At Amato Made in eda04ettoa with
deistrsinsuon made gt tequlromeM Im• facility provided with the'id of rodefal 11" MW "Anslertatioa SMrrueq Gad
pow by sit VMCW 9 "that dovart- ittCri,t &alliance of such non-Feddral ^ tr tson GN t 1110PA t-Vrbaa ).tact
mant of a fney act it purivanil to an f wiftla. aqmglOftatloq!4et of reel. as tuhealed its
AUWT "t of rµpofuiblitV undo thla (f) "Reelpl'ne" they moa6 any mate 116R. 64 of ggrrasnnto mace to eena"tba with
plndmph shall bath the 01110 direct N 1AMWry, pouesdo0, the Mtrkl of tfrtsa Made Tnbaportanoa Taehalcat 4tud.
Wideth Guth uuon had life% takta by Columbia, or Puerto Rico or say posit. Vf Graal Rodrun--Vrean $(I" TrAUporu-•
site #44rotary of this DOPartlnlaL kaI aubdlviflon tharlor of uartru• tloa An of 1161. U arhoaded (u VA.V.
~!1 beAnldoad mentaltir thereof, say 0%;64 or private IWO- .
sleety, in/ututon, or orgortiaLlort, or It. Oee al palls Maid in conoteum With
Unless the eentsxt requlris oth/rwtM, other onuty, or any individual in Trrr:iultngu o xni~aheeia6nui Vrbutan'iiua
6s .sod to this part-- BialaterritoryPasesslonn,, the District Tfaw natloa Ads ee 11it. AS ara.aeee 14g
(a1 " Went" means it person who of Colwnbb, 4t Puerto 1tk0. W whom UM 1l
6u 1ts erg gpPlklUON tO4u#1L oy p1An , Fednat fifianclal tutstancl Is extended {f. rte~a Rliar. made Is 16""U" pith
roi u A to bs oppfavtil by the eecre , directly or through an44thot ratipGnt; WMA, 1.4 7traswasuos GnAU fa fee.
of a Prlatarl toeiplent, as a condition for any program, trkludirtg any success s!reh gap Trolnla pro Hind Is 11101194,
to t ieibgity fOr rederal tSnuclei total- gotl tultnN. or trasuferee thereof, but area of Ai/her Leah}al-Vrhaa ta.u
Trsu
aaor, and appbkstkln mew weh An Atka term due not Include any ultimata V
AC. 1 rtat on Act or I014, ►t ameadN ht
tPpt''eauon, requtst, or plan. borltfletary under any such proOraet, as Q. lie of ,
(b) "FAedity" lacludes all or any part 1) Neocretary" meant the dec u the NIih N of
Gored Malls Cebu" made it 00M 41rportatlea 4dt of Kq
Of sttuttureo, 64ulownt, or otr.It real T Act
or Personal pro erty or lnkreau thereof, ofaruportatlon or, elceipt In IIt.I at amcaded {(1 Q-11,0. 131 ear).
p R), A parson to whom a has dell.
~1~0 1trucuon. rryutilontirenor ion rated fits authority In the mattet,-;'., A) MI ve, WHIeN HIS 0411 A)rtlra WHIst
remodeling, alteration or Acquisition, o~ concerned. A rusratf ourelrve or rill rnrA4t nN4N.
fseilld", Artz"m A eras ufietr.tres u To ►sO%Tbe tH/LOTMAN1
(e) •rodorel financial suutanee" W- alrrvrms t'0 welrtM till PAA1 A"U" 1..it pstachlr fissional Nvelopotrnl Act of
crud's: 1, VN of tvaau made ie eoesecuoa With If" IN V 6.0. App. let oil
41) 01,101.1 and loans of Federal rederu•ud highway syrtesu (13 114.0, 1a1 AtnNdex O
funds, 1e N I. ►►1UCAtWP of PAg1 11 To t11141N 1`01116
Ill The It"% or donallott of Federal 7, 1sd Of pasta s9ade lit eoenNUon With nNANCUt A"U74NC' of TWA IrrAArHINT
PM rt and Interests to prop ertri the Nishwoy suety Act of 1646 lls VAA. 4P"AN&PCs14naN
{1) The delall of Fedora) PersoMtli 401 at Nqt. r1eN14erlNrua:bav.ltfnarf
<4) 1hd sale and 1!u• Of, and the NAtionil ITAI14 istd and Motor eV Asdlitl file pre(etlr rA+N+ld
pi(MUflon to WI (Oil other than A Casual Ail at 1111 (11 OA O. 1311.1401, 14111.14U), (a) gldetplts, The Meows p
Or Uanstent Oasis), Federal Property or 4, Casa , of reel prdyyarty aso the peat Without bias eshau►tird, sllustroti the ice.
W Lntlrtat W Such proporW without o4 pornsitd. IideaNe, eiseatehte gad stpu, r.,eU"Wt d0eadlat"inlaaneayrovulorla
HolitAll 41611114 VOL 10, No. 111-MUMAV, AVNI It, Itre
,
4
RULE$ AND REGULATIONS loon
al this part on lwojoc tMlving federal the Urban bfa+e 711hsport►tloe► AtUAlntsu•• seating, and ether treatment with regard to
taflala De tOnCe progr►me of lien to ►ssure public tranaporlot4n. can. the use of such wehltle as other persons with.
partment of under t Portatlon Oper• venuls% to are dlsadvante{►(l atgf of nearby out regard to their rue, eoloe, or national
atilt; • ant mutt Rue no: oommunlll s to enhance employment oppor• urigln.
(l! trderst AV144104 Admtnulrailott. III tualtle4 for the dlaadranuged BRA minority Iii) No person who Is, or &"its to be, Asi
711 elrport Sponsor or any of his INWIa ota• population. •mr4oyee of the project sponsor or uaae, a,
aselensira, or eonuutors may not dltfsr• is) 7710 sponsor Mill assure that the eonceastonalres. Contractors, Ikenuta, or Lay
satiate betwen members of the publio mineelly bustnese commumItY In bee area Is Organisation furnlahing public transpoeta•
becatU# of ran, color, or ruUtool origin in Advised at the opportuftltus offered by Sir- tlon service se t pan of. or SR conjunction
furnishing, of admitting to, waiting fooms, port oancomilons, Rod that bids are solicited with, the project Mall be treated 1061 fa-
puwAger holden` arW, aircraft U4down from Such qualified minority Arms, and Vora bty than any othettmployes or 4ppilearit
utes, rHtaursn{ facilities, restrood(a. Of t4• Awards made without regard to race, color, with regard to hiring, dutniesat, advanee•
ellltle► operated under the compatible land Of national origin. hunt, wrtea, or any other conditions and
use eoneept. (3) tedaal Highway Adetl4ulralnoa, III NASAta of employment, on the basis of race.
I1wie, fCOn<uplon Ira noftconractors his partm nlee,m ay rn►ot d10crinUm Its hhway do. 4 In It& "Ige• 001011 or national No person ort4in.
group of persons Mall
offer to all triember$ of the public the Mme tlon and retention of contractors, including he discriminated agllnst with regard to the
degree .ad type Of service without regard without limitation, those what Services an routing. scheduling, or quality of &srvle* of
us to tlsed national
sopl
operators. testtaaur nti plain~t research, highway safety. Nal snfor otransportation urvica f the profrt on the basis of furnished racecolo, a
saner bars, gift shops, tiekes counters, bag. Ing. property management, and fee contrasu national origin Frequency of service, age a['.
rye htodler% cat rental ►l<eacles, Itmouslnes and other eommttmentR with person for sett. quality of vehicles asef`ned to routs, quality
tad tasl► franchised by the airport sponsor, HIS and apensmtnc(dentat to the ocquWttOa of stations serving different router, and tog
lalutance undrrwrtten, and other businesses of rlghtat•raY ' ' cation of routes may not be determined en
eatrlag to the public at the airport. (UI I%$ State may net discriminate the basis of race. tiler, or national oflelm
rqulied An pair Matti crater • la n4% b ehu yun6t eligible person to matldg relocation five The location of projects nqulnag
paymenll and A riding relOtaLlon Ad• tend acqutHtton and the displacement of peer.
U lees protected, or less accessible from the viscey usistanoe whepro
re felocauos l' Rocco. sons from their residences and businesses
terminal facilities. 011A locations offered to dtaled by highway eight-0f•way acquisitions, may not be determined on the bash of race.
omen, because of his race. color, or natlont,l ,o.olor, or national ore
certain, lulj Federat•ald oontea<bn may not dug tin.
1 r) Tb1 pilot of in atreratL may not b Crtmloato In then Rftecuoa and tttentlon of tbl Oblfgatfont of the airport opfrdfor-
regatrtd to help mote estrcraft vely a n tune nrst•flr Rubeontractors, Lad lint-Ulf sub. 111 1'#114111J, co'"cfors, and eoncesnonslrer.
lWistloas, and may mat be offered less In. contactors may not diewiminste In their ant, .t,niret operator nce spalre each tea.
cidental service (Ruch as windshield wiping), tetectl0A and tetlntlen of wood•lier sub. rltdei jttrtter, and econcessionaire concessionaire sotto pro.
than ether plots, because of his face, color, cofttuloes, who parucip4td In lederal•Ald y service, or facility at the
drnattanLlOrigin. at BSyand rrelatt d o ecLa, Act dies these hllog fro¢deiha~ 1►po t~ttoteovWith. enant In trS44 "Inh h) No laic% or erewmember eligible
toe Prj t Q4 by Tedrat
ueese to a • pi pltot'. lounge or 10 unofncW who supply tnaurlaSL ►nd lease.quipman{. form specift y the Administrator, communication facilities Ruch am a t1NIcoN
livi 7'h1 Sate may not ducrt6NLate the Ci eAdmi he Ona Avtatton nd ;aenrf~nallntu, lon that requirements ents at
frequency may be restrittad M tbat Accw Rlislaes the traveling public and bubtLISrequirements atS of
i4 lo pan,
beewse of his rue, color, or national origin. uAn of the federally 114810te6 hl htvsy to lye NoNpoeuon sf beneltelsrtp. The. air.
(vi) Aceeu Ib factllitloo maintained at the their S0e1se to Arta, use Of the facilities Red port operator sheer it make a copy of this
SIpper$ by ir Castle rirst cIW uini,trtatfan (such u milndoikir ban, t woAtbn.ind part normallt X14 has tot by and
to"
es"
o+
tkieta of frequent users Of the of ter't of f vsblele as"20gl ibtuirueted Oa, err Of `nr `foal working by any e ,
toe'4 scrVIC04 trial be testetlted under the rlght•Of•WSof Bush hl a for Dit. i artd IU) hours urconspicuously y hhp. In l
y thwayes S xef fhi of Nina furnished of Ulu l b the FAAAA, rtt
t balls of tagq, color, or satlenal origin. Its )(either the SAN, any Sher persons the horn puwtR area of 61 of the airport,
(wit) Passengers And arewrlemberd seek ln subject ad this pact. Aar Its eonttutora and stating that dlscrlndit►ilOn blood an f•ee,
ground transportation from the &It" Ina subeontrictore may discriminate in their odor, or futlonat origin Is prohibited an tM
Act be Assigned to dlffartat vehicles, of +mploymeRt praetlefI in eotute{Uen With Air"",
delayed of tfhbarthised In Lulghmeal le hlg rray : .uelles projects of other IS) Reports. 1.RCt~ ~rgor$ owhlr sub1gel to
Vehicles. by the air" spebsef to lots kssNS, ProJesle aaueted by the Nderol Highway this ~aeq shaU, alt .111 IS dale ►fter ha re•
0060Mlataltes, or contractors, because Of Adoltustfatlors, sere !t award to the Arco attyer of the
nice. eot".or VAUOflalorigin. Ire) The tl.Ste shall not locate of design FAA Aft. In which the airport is locet 4 ,
(tilt) where there ato two or obese Otto a highway in such a manner AS to require, gory of Wb wei/Nq tlamplslnt charging 414.
hating equal potBAga) to serve the aera• on the fluid of fees, color, of national origin, cr ntln/tlon because Of rate, Color, of A44
n4utkst needs df the dl la, tha urpoft sponsor the relOeattsa of fifty p4116114, llonal r,figin by hay person Subject to this
mutt essact the site taut likely to adversely (rill -mere state shall r1O{ locate, 4WIlm. part. chi ear with asStatement d ut. in`
epees ealetlnr communities. Sues site aelse• of construct a highway to such a miner as fill d
ti0q shall not be me& on the buts of race, to deny reLionoble aceeu to, and use thereof, the ttaults thereof. ttkh airport operator
cola, or national origin. to any prune on the bolt Of MICR, ee(a, Shall, by January At Of each you, Rubtrul to ~
(fill gmpteyRUnt al obligated airports, in- of national origin, the Ara thhyef of the PAA Area In which
eluding employment by ten►nts and gong 171 Urban Moil I• enspatanMe Admin. the airport Is located A report for the pro.
eaalonuus +hHl be arLULb10 to all regard. IrNSfron, lq Any person who is. or peke ceding year to A farm prsacnbed by the ned•
tea of, rate, rresd, color, ese, of %mlonq to be, a pLt•on of any public Vehicle which oral Aviation AdrNnbtrrtoh
Oion. 7Tie RpoRS°r Shall oootdinau has air. Is Operated as • pan of, of In conjunction It,11. Dot, 70-7301, Piled, June it, 1010:
Pon plan with his total transit authority and with, A project shall be gives ilia ssme utesr, 1:{1 A m.j
i
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i
t i
I
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I
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litellAl 1uotilll, v6L !3, No, its.-r islA►, im 10, lot#
1{09ti RUIIS AND REGUILAT1ONS
' i
Title 49--Transportation
SUBTITLE A--OrFICE OF THE SECRETARY
OF TRANSPORTATION
Inocket No fa; Notice 72-21
'PART 21-NONDISCRIMINATION IN FED.
[RALLY ASSISTED PROGRAMS OF Y14E
DEPARTMENT OF TRANSPORTATION-
[FFICTUATION OF TITLE VI Of THE
CIVIL RIGHTS ACT OF 1964
StiscNlaneous Amondmoots
On July it, 1972, a notice of prouoscd
rulemaklnll was publMhed In the FtotNAL
Rtatttta 477 rn 14220) to amend Part
21 of the Regulations of the OMce of U1e
BcctetarY rig CPR Part 711-Nondli-
elimination in FederellY•Asslstcd Pro. ,
`~ns of the Department of TranaC+orta•,
All interested parties were Invitt4 to
menthKoneeof the com ttss received
provided a balls for chance In the pro-
Pallid amendment. The purpose of the
amendment Is at follows.,
Plonalno or Adrlsore Board Member.
ship, Although existing 1911,8(b)4vi)
Conlalrls a prohibition against discrlml-
natorrdenial of the "opportunity to par.
tlcipate In the program throech the pro.
Hxlon of services or otherwise • • ' tho
existlnt reNlotions did not smelflcallr
deal with the matter of plvnninc or ad•
vteory board membership, Considerin '
the broad Purpose of 71114 VI of the Civil
Rights Act of 1064, the Department of
Transportation believes that member.
ship on such boards M an aspect of "par.
ticipstion In tha program" within tho
1110111111 of section 001 of the Act 142
U.S.C. Y000dr, To make It clear th:1t such
discrimination is prohibited, the Depart.
ment is adding a FpeelAc reference to lannin the o her aetlrtiii flstdt kin) jr211iistip to
The provision applies only to the ex-
tent that the "recipient" his control over
board membership. It is applicable, for
exemple, where the members are at1•
pointed by the recipienl, where the
board Is elected and the eleawn pro-
Mures are determined by the teciplenL
such procedure is to be rondiscrtmins-
tort', The term "Integr►lpart" is 11:vi in
order to Disko it clear that reculsb,+ne
are lnapplkable to boards related onll
It911A1 !1011119, VOL 33, NO. 116..1MV60AY, MAY 3, 1973
D
`rr
• 1111d1SES AND REGULATIONS I ivy
x lancehttally or Indirectly W a Federally time for Aling to extended by the F,•A
441:1164 program. 6ecreta»-". R~ salstanee. on Lite
A~1relative actfook to correct and pre- To make this Ilme period consistent Wlu'.repralr riiAiorudbc nelalrin%atoty tpractice or
. or !e)tl prohibited dlurirninotlon. Existing Witt) Chit Allowed under other civil rights u.noo tends, on the irounth of race, color,
121.1(b) (T) pro►lde+ that eontlderallon 1,tiKa! the Department l+ changing tills or nAtlonai origin to exclude tndlvfdtetls
of net, color, or national origin are not innto Ihnd frtim Do to 110 days. front
. prohibited it the purpose and eltect is tit so)rsideration of he farccolne. ef• beneAtss ra loorrtito suIn, bject hem! to dis.
N remove or overcome the detrimental festive luty S. 1073, ei CF(t PRrt 21 crlntlnntion under ally program or :tc-
rMItn of discrimination. Thf l provision In amended as follows:
&W places on the reclplent of Federal 1. Section 71.51bi l+ amended by; j Merril to which eieipleot mushkei Airmntivo
Amixtarics an "obligation to take reason- 11) Strikina out the word '•nr" At the action to remove or ovintortO the effects
able action to remove or overcome tho end of nubpararroph 11) (v)
MnOO MAM Of prior discriminatory i.) 81riking oat the lwrlod at the end 110-ice. prior In the lbsense of prior dtcr
Metleo or ungo and to accomplish tho of rubp;►ragmplt i 1) (vi) And sulmtltutlrr chininntory practice or uaa o, a recipient
purivets of the Act". The Dcpartment'A a g
Rmeltdment to the second sentence In n semicolon and the word "or"; and ht [adisilnUltving this part a program or need to
% i 21,5(b) (7) is to make it clear that the (a) Adding a new •ubpnragraph (1) take Allirmatiction to'adsu o thit no
recipient 11) must take afnrmptlve ac- twill at the end thereof, to lead as set person I+ excluded front pnrtlelpatlon In
lion to overcome the offeets of prior dls. forth below. or dialed the bcnentd of the program or
edmina'ary prat!; Q or usage, and (21 fe1 Adding anatvrubparAArnph (7) to netlvltgon the grounds of race, color, or
is cxt)ectaadd lake al1trinative aotiolt to read as let forth below,
Auiue that to person 'a excluded from tlAtlnnAlorigin.
I4rttelpatl'01 !n or denied the benefits S 4t«C iry-•rlmfnANun ~rmhi6heai. • . .
of the recigplont's Pederofty assisted pro- • • . • • a. dcctlon 219(b) Is amended by a:la-
gxams on the around if race, color, or cb) amino dlscrlnllKAtory actions hrg the following newsentence at the end
pational ortpn' prohibited: thereof:
Collection of rat•el date- Exbtlnc it► . . •
121.003 states that recipients shall keeit twit) pony a person the o 1 21.9 Comptisase in(ocmAtion.
Ruch records and sub-nit such report,+ as portunlty to , . • • •
the 8eeretnry determihes are itereunry, advisory. pr similar body which JplA ! AAnlIn (lb), Compliance rcporf v • • In gcor
While this provision furnishes a basis for treral part of the proltAni. lion that, recipients Nty ands) recipients sl dal hay anyet s thtd bra for
roputrina data on the taco and nations) , • • • hawing t em rs of
OdAin o , persons affected by Federptly Rhowing the extent to rienti members of
smiled programs, it contains no ex- 47) This part .loos not prohibit the minorlly frro~lps are benefickrlos of hro•
ppikit reference to such data. Evprrlenco consideration of into, color, or natlnal grAnu resolving Federal finAneial Am at-
has shown that, with reApect to mo,t OrlOn It (Ila purhoso and effect are to slice,
hiltrally assisted programs, racial claln rrntove or overroma the consehuences of • . •
4 in eesentlal element in ImpCement- l1ral1kes or immsdiments which harpQ rep r $11,11 , fAAlsn,lcd] •
Ins Title Vf of the Civil ytlthp Act of sttION tits availability of, oe Artlclpa•
11 In vkw bt th4 lmportirnes of such tlon In, the program or Aciitltjreceiving a ~t «1ion 0 days" tot days". i
da~taa,, the Mpaetmapl ill addint an ex- alitullr; 110 d h tot at 104, 4".
pfesr rrfetetre~ to It In 1 MOM. ! e section 1 h1 of T111e Vt1 at the R°"' CI►l1 Rltl,u Act at it}et ti us 0.
Time ASP !11! Complaints. Talc+ting ctvr kit Alt of IDa1, u AftrWd lit tho
Or"IsIOfts of 121 1, ilb► rcgacding OK nl• r.atlat i g 1#0 r eo c„,portunity Act of )t7a, lulled in Washln
tnad of eontptaints of alleged ditcrlminn• +a UA 0 ti -Wit section stela)) of lember of, 1972. glen, p'C'' gyp.
lion state that a complaint must be nisecof i{ Tilts VIII e( he :Aril nlgbts Act of JM It
4
'W% iffier thin 00 t'gysafter tha data n i n'r ye,l~n ~atinceMgrn~;I aieef /i Of-
'i ff y o/!7'roei~ fatfon.
UM M104 discttA:lnalk+n, villas the a1•t,)1, decreter
inn W4.73-22901 riled 1-2-73; 0:e5 em i
,
It0111At 99611114 VOL 816 119 110+WI111110 ti Ally S. Iht