[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR17.6]

[Page 374]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR--Table of Contents
 
 Subpart A--Nondiscrimination on the Basis of Race, Color, or National 
                                 Origin
 
Sec. 17.6  Conduct of investigations.

    (a) Periodic compliance reviews. The Secretary or his designee shall 
from time to time review the practices of recipients to determine 
whether they are complying with this part.
    (b) Complaints. Any person who believes himself or any specific 
class of individuals to be subjected to discrimination prohibited by 
this part may by himself or by a representative file with the Secretary 
a written complaint. A complaint must be filed not later than 180 days 
from the date of the alleged discrimination, unless the time for filing 
is extended by the Secretary, or his designee.
    (c) Investigations. Whenever a compliance review, report, complaint, 
or any other information indicates a possible failure to comply with 
this part, a prompt investigation shall be made. The investigation 
should include, where appropriate, a review of the pertinent practices 
and policies of the recipient, the circumstances under which the 
possible noncompliance with this part occurred, and other factors 
relevant to a determination as to whether the recipient has failed to 
comply with this part.
    (d) Resolution of matters. (1) If an investigation pursuant to 
paragraph (c) of this section indicates a failure to comply with this 
part, the recipient shall be informed in writing and the matter will be 
resolved by informal means whenever possible. If it has been determined 
that the matter cannot be resolved by informal means, action will be 
taken as provided for in Sec. 17.7.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d)(1) of this section, the recipient and complainant, if any, 
shall be informed in writing.
    (e) Intimidatory or retaliatory acts prohibited. No recipient or 
other person shall intimidate, threaten, coerce, or discriminate against 
any individual for the purpose of interfering with any right or 
privilege secured by section 601 of the act or this part, or because he 
has made a complaint, testified, assisted, or participated in any manner 
in an investigation, proceeding, or hearing under this part. The 
identity of complainants shall be kept confidential except to the extent 
necessary to carry out the purposes of this part, including the conduct 
of any investigation, hearing, or judicial proceeding arising 
thereunder.

[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973]