[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR906.3]

[Page 176-177]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
         CHAPTER IX--PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
 
PART 906--AFFIRMATIVE ACTION POLICY AND PROCEDURE--Table of Contents
 
                     Subpart A--Development Program
 
Sec. 906.3  Procedures.

    (a) Affirmative Action Plans must be submitted to the Corporation at 
the following times:
    (1) At the time a response is submitted to the Corporation's 
solicitation for proposals, the response must include an Affirmative 
Action Plan;
    (2) If a property right exceeding 10 percent of the area of the 
development parcel is made available by the Corporation, but without the 
Corporation having made a solicitation for proposals, the developer must 
submit an Affirmative Action Plan within 30 days after the start of 
negotiations with the Corporation.
    (b) Affirmative Action Plans will be reviewed as follows:

[[Page 177]]

    (1) Each Affirmative Action Plan submitted to the Corporation will 
be reviewed by the Corporation's Affirmative Action Officer, or his 
designee.
    (2) In the case of a developer who responds to a solicitation for 
proposals, the Affirmative Action Plan will be reviewed by the 
Affirmative Action Officer, and if the Plan is in substantial compliance 
with the goals set forth in Exhibit A, the Plan and the recommendation 
of the Affirmative Action Officer will be submitted to the Chairman of 
the Board for approval prior to the Board's final selection.
    (3) In the case of a developer who receives 10 percent or more of 
the area of a development parcel from the Corporation, the Affirmative 
Action Plan will be reviewed by the Corporation's Affirmative Action 
Officer, and if the Plan is in substantial compliance with the goals set 
forth in Exhibit A, the Plan and the recommendation of the Affirmative 
Action Officer will be submitted to the Chairman of the Board for 
approval within 15 days of submission.
    (4) The Chairman may approve any Affirmative Action Plan that is not 
in substantial compliance with the goals set forth in Exhibit A, but for 
which the developer has documented a genuine effort to meet the goals of 
the regulations and complied with the spirit of the Corporation's 
policy.
    (5) The Chairman may, in his discretion, submit any Affirmative 
Action Plan to the Board of Directors for approval, if there is not 
substantial compliance with the goals set forth in Exhibit A.
    (6) The review of the Affirmative Action Plan will determine 
conformity with The Pennsylvania Avenue Plan--1974, the policy of the 
Corporation's Board of Directors, and the regulations and guidelines set 
forth in this subpart A, part 906.
    (c) Revisions: (1) The Corporation may require a developer at any 
time prior to approval of the Affirmative Action Plan to revise the Plan 
for compliance with the requirements of this subpart.
    (2) Each developer required to comply with this subpart must submit 
for approval an up-dated Affirmative Action Plan at the commencement of 
construction, at the commencement of occupancy, and at the commencement 
of operation or management of any portion of the facility by the 
developer or a related entity. Each revision of the Affirmative Action 
Plan must address all the requirements set forth in Sec. 906.4.
    (3) The Corporation's Affirmative Action Officer will review all 
revisions submitted to the Corporation. If the revision is a substantial 
change from the originally approved Plan, the review procedures set 
forth in paragraph (b) of this section will be applicable. If the 
revision submitted is not a substantial change from the originally 
approved Plan, the Corporation's Affirmative Action Officer may approve 
the revision.