[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: 43CFR17.205]



[Page 393-394]

 

                    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.  17.205  Remedial action, voluntary action, and self-evaluation.



    (a) Remedial action. (1) If the Director finds that a recipient has 

discriminated against persons on the basis of handicap in violation of 

section 504 or this subpart, the recipient shall take such remedial 

action as the Director deems necessary to overcome the effects of the 

discrimination.

    (2) Where a recipient is found to have discriminated against persons 

on the basis of handicap in violation of section 504 or this subpart and 

where another recipient exercises control over the recipient that has 

discriminated, the Director, where appropriate, may require either or 

both recipients to take remedial action.

    (3) The Director may, where necessary to overcome the effects of 

discrimination in violation of section 504 or this subpart, require a 

recipient to take remedial action (i) with respect to handicapped 

persons who are no longer participants in the recipient's program or 

activity but who were participants in the program when such 

discrimination occurred or (ii) with respect to handicapped persons who 

would have been participants in the program or activity had the 

discrimination not occurred.

    (b) Voluntary action. A recipient may take steps, in addition to any 

action that is required by this subpart, to overcome the effects of 

conditions that resulted in limited participation in the recipient's 

program or activity by qualified handicapped persons.

    (c) Self-evaluation. (1) A recipient shall, within one year of the 

effective date of this subpart:

    (i) Evaluate, with the assistance of interested persons, including 

handicapped persons or organizations representing handicapped persons, 

its current policies and practices and the effects thereof that do not 

or may not meet the requirements of this subpart;



[[Page 394]]



    (ii) Modify, after consultation with interested persons, including 

handicapped persons or organizations representing handicapped persons, 

any policies and practices that do not meet the requirements of this 

subpart; and

    (iii) Take, after consultation with interested persons, including 

handicapped persons or organizations representing handicapped persons, 

appropriate remedial steps to eliminate the effects of any 

discrimination that resulted from adherence to these policies and 

practices.

    (2) A recipient that employs fifteen or more persons shall, for at 

least three years following completion of the evaluation required under 

paragraph (c)(1) of this section, maintain on file, make available for 

public inspection, and provide to the Director upon request: (i) A list 

of the interested persons consulted, (ii) a description of areas 

examined and any problems identified, and (iii) a description of any 

modifications made and of any remedial steps taken.

    (3) A recipient, whose application is approved after the effective 

date of this regulation, shall within one year of receipt of the Federal 

financial assistance, be required to comply with the provisions of this 

section.