[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: 43CFR17.7]



[Page 382-383]

 

                    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.  17.7  Procedure for effecting compliance.



    (a) General. If there appears to be a failure or threatened failure 

to comply with this part, and if the noncompliance or threatened 

noncompliance cannot be corrected by informal means, compliance with 

this part may be effected by the suspension or termination of or refusal 

to grant or to continue Federal financial assistance or by any other 

means authorized by law. Such other means may include, but are not 

limited to, (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 

(including other titles of the Act), or any assurance or other 

contractual undertaking, and (2) any applicable proceeding under State 

or local law.

    (b) Noncompliance with Sec.  17.4. If an applicant fails or refuses 

to furnish an assurance required under Sec.  17.4 or otherwise fails or 

refuses to comply with a requirement imposed by or pursuant to that 

section, Federal financial assistance may be refused in accordance with 

the procedures of paragraph (c) of this section. The Department shall 

not be required to provide assistance in such a case during the pendency 

of the administrative proceedings under such paragraph, except that the 

Department shall continue assistance during the pendency of such 

proceedings where such assistance is due and payable pursuant to an 

application therefor approved prior to the effective date of this part.

    (c) Termination of or refusal to grant or to continue Federal 

financial assistance. No order suspending, terminating, or refusing to 

grant or continue Federal financial assistance shall become effective 

until (1) the Secretary or his designee has advised the applicant or 

recipient of his failure to comply and has determined that compliance 

cannot be secured by voluntary means, (2) there has been an express 

finding on the record, after opportunity for hearing, of a failure by 

the applicant or recipient to comply with a requirement imposed by or 

pursuant to this part, (3) the action has been approved by the Secretary 

pursuant to Sec.  17.9(e), and (4) the expiration of 30 days after the 

Secretary has filed with the committee of the House and the committee of 

the Senate having legislative jurisdiction over the program involved, a 

full written report of the circumstances and the grounds for such 

action. Any action to suspend or terminate or to refuse to grant or to 

continue Federal financial assistance shall be limited to the particular 

political entity, or part thereof, or other applicant or recipient as to 

whom such finding has been made and shall be limited in its effect to 

the particular program, or part thereof, in which such noncompliance has 

been so found.

    (d) Other means authorized by law. No action to effect compliance by 

any other means authorized by law shall be taken until (1) the Secretary 

or his designee has determined that compliance cannot be secured by 

voluntary means, (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 effort shall be made to persuade the 

recipient or other person to



[[Page 383]]



comply with this part and to take such corrective action as may be 

appropriate.



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