[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR17.203]



[Page 391-392]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.203  Discrimination prohibited.



    (a) General. No qualified handicapped person shall, on the basis of 

handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any program or 

activity which receives Federal financial assistance.

    (b) Discriminatory actions prohibited. (1) A recipient, in providing 

any aid, benefit, or service, may not, directly or through contractual, 

licensing, or other arrangements, on the basis of handicap:

    (i) Deny a qualified handicapped person the opportunity to 

participate in or benefit from the aid, benefit, or service;

    (ii) Afford a qualified handicapped person an opportunity to 

participate in or benefit from the aid, benefit, or service that is not 

equal to that afforded others;

    (iii) Provide a qualified handicapped person with an aid, benefit, 

or service that is not as effective as that provided to others;

    (iv) Provide different or separate aids, benefits or services to 

handicapped persons or to any class of handicapped persons unless such 

action is necessary to provide qualified handicapped persons with aid, 

benefits, or services that are as effective as those provided to others;

    (v) Aid or perpetuate discrimination against a qualified handicapped 

person by providing significant assistance to an agency, organization, 

or person that discriminates on the basis of handicap in providing any 

aid, benefit, or services to beneficiaries of the recipient's program or 

activity;

    (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

    (vii) Otherwise limit a qualified handicapped person in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by 

others receiving an aid, benefit, or service.

    (2) Aids, benefits, and services, to be equally effective, are not 

required to produce the identical result of level of achievement for 

handicapped and nonhandicapped persons, but must afford handicapped 

persons equal opportunity to obtain the same result, to gain the same 

benefit, or to reach the same level of achievement, in the most 

integrated setting appropriate to the person's needs.



[[Page 392]]



    (3) Despite the existence of separate or different aid, benefits, or 

services, a recipient may not deny a qualified handicapped person the 

opportunity to participate in all aid, benefits, or services covered by 

this subpart that are not separate or different.

    (4) A recipient may not, directly or through contractual or other 

arrangements, utilize criteria or methods of administration (i) that 

have the effect of subjecting qualified handicapped persons to 

discrimination on the basis of handicap, (ii) that have the purpose or 

effect of defeating or substantially impairing accomplishment of the 

objectives of the recipient's program or activity with respect to 

handicapped persons, or (iii) that perpetuate the discrimination of 

another recipient if both recipients are subject to common 

administrative control or are agencies of the same State.

    (5) In determining the site or location of a facility, an applicant 

for assistance or a recipient may not make selections (i) that have the 

effect of excluding handicapped persons from, denying them the benefits 

of, or otherwise subjecting them to discrimination under any program or 

activity that receives Federal financial assistance or (ii) that have 

the purpose of effect of defeating or substantially impairing the 

accomplishment of the objectives of the program or activity with respect 

to handicapped persons.

    (6) As used in this section, the aid, benefit, or services provided 

under a program or activity receiving Federal financial assistance 

includes any aid, benefit, or service provided in or through a facility 

that has been constructed, expanded, altered, leased or rented, or 

otherwise acquired, in whole or in part, with Federal financial 

assistance for the period during which the facility is used for a 

purpose for which the Federal financial assistance is extended or for 

another purpose involving the provision of similar services or benefits.

    (7) Nothing in this section is to be construed as affecting the 

acquisition of historic sites or wilderness areas.

    (c) Aid, benefits, or services limited by Federal law. The exclusion 

of nonhandicapped persons from aid, benefits, or services limited by 

Federal statute or Executive Order to handicapped persons or the 

exclusion of a specific class of handicapped persons from aid, benefits, 

or services limited by Federal statute or Executive Order to a different 

class of handicapped persons is not prohibited by this subpart.

    (d) Recipients shall take appropriate steps to insure that 

communications with their applicants, employees, and beneficiaries are 

available to persons with impaired vision and hearing.



[47 FR 29546, July 7, 1982, as amended at 68 FR 51377, Aug. 26, 2003]