[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: 43CFR17.303]



[Page 401-402]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

             Subpart C_Nondiscrimination on the Basis of Age

 

Sec.  17.303  Definitions.



    As used in these regulations, the term:

    (a) Act means the Age Discrimination Act of 1975, as amended (Title 

III of Pub. L. 94-135).

    (b) Action means any act, activity, policy, rule, standard, or 

method of administration; or the use of any policy, rule, standard, or 

method of administration.

    (c) Age means how old a person is, or the number of years from the 

date of a person's birth.

    (d) Age distinction means any action using age or an age-related 

term.

    (e) Age-related term means a word or words which necessarily imply a 

particular age or range of ages (for example, ``children,'' ``adult,'' 

``older persons,'' but not ``student'').

    (f) Discrimination means unlawful treatment based on age.

    (g) DOI means the United States Department of the Interior.

    (h) Federal financial assistance means any grant, entitlement, loan, 

cooperative agreement, contract (other than a procurement contract or a 

contract of insurance or guaranty), or any other arrangement by which 

the agency provides or otherwise makes available assistance in the form 

of:

    (1) Funds;



[[Page 402]]



    (2) Services of Federal personnel;

    (3) Real and personal property or any interest in or use of 

property, including:

    (i) Transfers or leases of property for less than fair market value 

or for reduced consideration; and

    (ii) Proceeds from a subsequent transfer or lease of property if the 

Federal share of its fair market value is not returned to the Federal 

Government.

    (i) FMCS means the Federal Mediation and Conciliation Service.

    (j) Program or activity means all of the operations of any entity 

described in paragraphs (j)(1) through (4) of this section, any part of 

which is extended Federal financial assistance:

    (1)(i) A department, agency, special purpose district, or other 

instrumentality of a State or of a local government; or

    (ii) The entity of such State or local government that distributes 

such assistance and each such department or agency (and each other State 

or local government entity) to which the assistance is extended, in the 

case of assistance to a State or local government;

    (2)(i) A college, university, or other postsecondary institution, or 

a public system of higher education; or

    (ii) A local educational agency (as defined in 20 U.S.C. 7801), 

system of vocational education, or other school system;

    (3)(i) An entire corporation, partnership, or other private 

organization, or an entire sole proprietorship--

    (A) If assistance is extended to such corporation, partnership, 

private organization, or sole proprietorship as a whole; or

    (B) Which is principally engaged in the business of providing 

education, health care, housing, social services, or parks and 

recreation; or

    (ii) The entire plant or other comparable, geographically separate 

facility to which Federal financial assistance is extended, in the case 

of any other corporation, partnership, private organization, or sole 

proprietorship; or

    (4) Any other entity which is established by two or more of the 

entities described in paragraph (j)(1), (2), or (3) of this section.

    (k) Recipient means any State or its political subdivision, any 

instrumentality of a State or its political subdivision, any public or 

private agency, institution, organization, or other entity, or any 

person to which Federal assistance is extended, directly or through 

another recipient. Recipient includes any successor, assignee, 

transferee, or subrecipient, but excludes the ultimate beneficiary of 

the assistance.

    (l) Secretary means the Secretary of the Department of the Interior 

or his or her designee.

    (m) Subrecipient means any of the entities in the definition of 

``recipient'' to which a recipient extends or passes on Federal 

financial assistance. A subrecipient is generally regarded as a 

recipient of Federal financial assistance and has all the duties of a 

recipient in these regulations.

    (n) United States means the fifty states, the District of Columbia, 

Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the 

Commonwealth of the Northern Marianas, and the territories and 

possessions of the United States.



[54 FR 3598, Jan. 25, 1989, as amended at 68 FR 51378, Aug. 26, 2003]



              Standards for Determining Age Discrimination