[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: 43CFR27.9]

[Page 462-463]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
 PART 27--NONDISCRIMINATION IN ACTIVITIES CONDUCTED UNDER PERMITS, RIGHTS-OF-WAY, PUBLIC LAND ORDERS, AND OTHER FEDERAL AUTHORIZATIONS GRANTED OR ISSUED UNDER 
TITLE II OF PUBLIC LAW 93-153--Table of Contents
 
Sec. 27.9  Procedures for effecting compliance.

    (a) General. If there appears to be a failure or refusal of any 
recipient, contractor, or subcontractor to observe or comply 
substantially with section 403 of Public Law 93-153, or implementing 
rules, regulations, and orders, compliance may be effected through the 
use of conciliation conferences, informal hearings, and procedures to 
cause termination or suspension of or refusal to grant or to continue 
the permit, or other Federal authorization to which this part applies, 
or of the contracts to which this part applies, or by any other means 
authorized by law. Such other means may include, but are not limited to:

[[Page 463]]

    (1) A reference to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States or any assurance or 
other contractural undertaking, and
    (2) Any applicable proceeding under State or local law.
    (b) Noncompliance with Sec. 27.4. In the event that a recipient 
fails or refuses to furnish an assurance required under Sec. 27.4, or 
otherwise fails or refuses to comply with a requirement imposed by or 
pursuant to that section the failure or refusal may, at the option of 
the Secretary, be grounds for authorizing proceedings to cause refusal 
of the Federal authorization in accordance with the procedures of 
paragraph (c) of this section. The Department of the Interior shall not 
be required to provide the authorization in such a case during the 
pendency of the administrative proceedings under such paragraph.
    (c) Termination of or refusal to grant or to continue the Federal 
authorization--(1) General. In those instances where a recipient fails 
or refuses to observe or comply substantially with section 403 of Public 
Law 93-153 or implementing rules, regulations, and orders, noncompliance 
at the option of the Secretary, may be grounds for termination, 
suspension, refusal to grant or continue the Federal authorization.
    (i) Recommendation to proceed. The Department Compliance Officer may 
request that the Secretary commence procedures to suspend, terminate, or 
refuse to grant or continue the Federal authorization or to cause such 
suspension, termination, or refusal to grant. He shall indicate the 
specific grounds for alleging noncompliance with section 403 and 
implementing rules, regulations, and orders, the actions which would 
create compliance, and the time necessary to achieve compliance.
    (ii) Commencement of proceedings. Before the Secretary authorizes 
the commencement of an administrative proceeding for termination, 
suspension, or refusal to grant any Federal authorization to which this 
part applies, the Secretary or his designee shall give the recipient 
notice in writing of the alleged ground or grounds for termination or 
formal suspension, or refusal to grant, with sufficient particularity to 
enable the recipient to comply with section 403 of Public Law 93-153 and 
implementing rules, regulations and orders. The recipient shall have 
sixty (60) days from the date of delivery of the notice within which to 
comply. If compliance cannot be achieved in sixty (60) days, the 
recipient shall be entitled to additional time if he demonstrates that 
compliance is not possible within the sixty (60) day period and that the 
necessary curative actions were undertaken promptly and have been 
diligently prosecuted toward completion; Provided further that the 
aforesaid additional time shall not exceed ninety (90) days from the 
last day of the said sixty (60) day period, without the prior written 
consent of the Secretary or his designee which shall specify the last 
day upon which the curative action must be completed to the satisfaction 
of the Secretary or his designee.
    (iii) Opportunity for a hearing. No order suspending, terminating or 
refusing to grant or continue any Federal authorization to which this 
part applies shall become effective until there has been an express 
finding on the record, after opportunity for a formal hearing, of a 
failure by the applicant or recipient to comply substantially with 
section 403 of Public Law 93-153 or implementing rules, regulations, and 
orders and the action has been approved by the Secretary pursuant to 
Sec. 27.11(e).
    (2) [Reserved]
    (d) Other means authorized by law. No action to effect compliance by 
any other means authorized by law shall be taken until (1) the action 
has been approved by the Secretary, (2) the recipient or other person 
has been notified of its failure to comply and of the action to be taken 
to effect compliance, and (3) the expiration of at least 10 days from 
the mailing of such notice to the recipient or other person. During this 
period of at least 10 days additional efforts shall be made to persuade 
the recipient or other person to comply and to take such corrective 
action as may be appropriate.