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<br />except that nothlux in this part may be
<br />considered to relieve any person of any
<br />obligation auumed or imposed under =7.
<br />such superseded regulation, order, in-
<br />struction, or like direction before the
<br />effective date of this part. Nothing In
<br />this part, however. supersedes any or
<br />the following (including future amend-
<br />ments thercai) : (1) Executive order
<br />11216 (3 CFiZ, 19G5 Supp., p. •167) and
<br />regulations issued thereunder or (2) any
<br />other orders, regulations, or instructions.
<br />Insofar as such orders, regulations, or
<br />Instructions prohibit discrimination on
<br />the ground of race, color, or national
<br />origin in any prograta or situation to
<br />wi:ich this part Is inapplicable, or Pro-
<br />hibit discrimination on any other
<br />ground.
<br />(b) Forms and instructions. The Sec=
<br />retary shall issue and promptly make
<br />available to all interested Persons forms
<br />-and detailed instructions and procedures
<br />for elrectuating this part as applied to
<br />programs to which this part applies and
<br />for which he Is responsible,
<br />(c) 'Superufsfon and coordination. The
<br />Secretary may from time to thne assign
<br />to oalciais of the Department, or to offi-
<br />cials of other departments or agencies
<br />of the Government with' the consent of
<br />such departments or agencies, responsi-
<br />bilities in corulection with the eSectus
<br />tion of the purposes of title VI of the
<br />Act and this part (other than responsi-
<br />bility for final decision as provided In
<br />21.17), Including the achievement of
<br />effective coordInatUon and maxl.nur A
<br />uniformity within the Department and
<br />within the Executive Branch of the
<br />Government in the application of title
<br />VI and this part to similar programs and
<br />III similar situations. Any action taken.
<br />determination made or requirement im-
<br />posed by an *official of another depart-
<br />ment or agency acting pursuant to an
<br />assignment of responsibility under this
<br />.paragraph shall have the same effect as
<br />though such action had been taken by
<br />the Secretary of this Department.
<br />§211.23 Definitions.
<br />Unless the context requires otherwise,
<br />as used in this part-- -
<br />(a) 'Applicant" means a person who
<br />submits an application, request, or plan
<br />required to be approved by the Secretary,
<br />or uy a primary recipient, as a condition
<br />to eligibility for Federal financial assist-
<br />anct•, and " appltcatton" means such an
<br />nwicatlon, request, or plats.
<br />t11) "Facility" includes all or any part
<br />„f structures, equipment, or other real
<br />cr personal property or Interests therein,
<br />and the provision of facilities includes
<br />the construction. expansion, renovation.
<br />remodeling, alteration or acquisition of
<br />facilities.
<br />(c) "Federal financial assistance" In- .
<br />eludes:
<br />(1) Grants and loan,; Federal
<br />funds'
<br />(2) The grant or donation of Federal
<br />property and interests in property;
<br />(3) The detail of Federal personnel;
<br />(4) The sale and lease of, and the
<br />permission to use (on other than a casual
<br />or transient basis), Federal property or
<br />any interest in such property without.
<br />RULES' AND REGULATIONS
<br />consideration or at a nominal considera:
<br />tion, or at a consideration which Is re-
<br />duced for the purpose of assisting the
<br />recipient, or Ln recognition of the public
<br />interest to be served by such sale or Iea"
<br />to the recipient: and
<br />(5) Any Federal agreement, arrange-
<br />ment, or other contract which has as one
<br />of its purposes the provision of assist-
<br />anco.
<br />(d) "7'rimary recipient" means any
<br />recipient that is authorised or required
<br />to extent! Federal financial assistance to
<br />another recipient for the purpose of
<br />carrying out a program.
<br />(a) "program" includes May program,
<br />project, or activity for the provision of
<br />services, financial aid, or other benefits
<br />to individuals (including education or
<br />training, health, welfare, rehabilitation,
<br />housing, or other services, whether pro-
<br />vided through employees of the recipient
<br />of Federal financial assistance or pro-
<br />vided by others through contracts or
<br />other ar- -angelnents with the recipient, .
<br />and including work opportunities), or for
<br />the provision of facilities for furnishing
<br />services, financial aid or other benefits
<br />to individuals. The services, financial aid,
<br />or other benefits provided trader a pro-
<br />gram receiving Federal financial assist-
<br />anent shall be deemed to include any
<br />services, financial aid, or other benefits
<br />provided with the aid of Federal finan-
<br />.cial assistance or with the aid of any
<br />non -Petit rat Sends, property, or other
<br />resource.- required to be expended ar
<br />made ay.tllable for the program to meet
<br />matchinr requirements or other condi-
<br />tions which met be met in order to re-
<br />ceive the Federal financial assistance,
<br />and to include any services, financial aid,
<br />or other bereftts provided in or through &
<br />facility provided with the'aid'of Federal
<br />financial assistance or such non - Federal
<br />resource:..
<br />(f> " Fecipient" may mean any State;
<br />'territory, .possession, the District of
<br />Columbia, or Puerto Rico, or any polit-
<br />lcal subdivision thereof, or instru-
<br />mentality thereof, any public or private
<br />agency, institution, or organization, or
<br />other emtlty, or any individual, in any
<br />State, territory, possession, the District
<br />of Columbia, or Puerto Rico, to whom
<br />Federal financial assistance 1s extended,
<br />directly or through another recipient,
<br />for any program, including any succes-
<br />sor, astdnnee, or transferee thereof, but
<br />such tenet does not include any ultirlate
<br />beneficiary under any such program.
<br />(g) "tucretarv" rneam the Secretary
<br />of Trato portation or, except In 1 21.17
<br />(e), any person to v:ho:u lie has dele-
<br />gated las authority in the matter
<br />concerat.i.
<br />APPENDIx A
<br />ACfIV/ 0E9 TO WHICH THIS BART AT'PLI18
<br />1. Use of grant, mado In connection with
<br />Federal -aM highway systems (23 U.B.C. 10i
<br />et seq.).
<br />2. Use 1[.f grants made ln.conneetlon with
<br />the Highway Safety Act of 1066 (23 U.B.C.
<br />401 at seq.).
<br />3. Use of grants in connection with the
<br />National Tmidc and Motor Vahicle Safety,
<br />Act of 191:6 (15 U.S.C. 1391-1409.2421-1433).
<br />4. Lease or real 'property and the grant
<br />of permtt :s, licent.ei, easements and rights.
<br />250
<br />of -way covering real property under control
<br />of the Coast Guard (14 U.3.C. 03 (n) and.
<br />(o))• -
<br />B. Utilisation of Coast Guard personnel
<br />and facilities by any State, territory, poor••
<br />session, or political subdivision thereof. (14
<br />U.S.C. 141(x)).
<br />S. Use of Coast Guard personnel toe duty
<br />In connection with maritime Instruction _
<br />and training by the States, territories, and
<br />Puerto Pico (14 U.S.C_ 148).
<br />7. Use of obsaleto and other Coast Ousrd
<br />material by sea scout service of Boy Scouts
<br />of America, any Incorporated unit of the
<br />Coast Guard auxiliary, and public hotly or
<br />private organization not orgauized for profit
<br />(14 U.S.C. 641(a)).
<br />8. U.B. Coast Guard Auxltlary rro,Tr%ra (14
<br />V.S.C. 821432) .
<br />9. Use of grants for the support of basic
<br />scientific research by nonprofit Institutions
<br />of higher education and nonprofit. orgaulza.
<br />Lions whose primary purpose Is conduct of
<br />scientific reaearch (42 U.S.C. 2891).
<br />10. Use of grants wads in connection with
<br />the Federal -ald Airport Program (sacs, 1 -16
<br />and 17 -20 of the Federal Airport Act, 49
<br />U.S.C. 1201 -- 1114.1116- 1120).
<br />11. Use of U.B. land acquired for public
<br />airports under
<br />a. Section 18 of the Federal Airport Act,
<br />'49 U.S.C. 2116: and
<br />b. Surplus Property Act (sec. 13X) of the
<br />Surplus Property Act of 1944, 50 1[7,9.0, Apo.
<br />1622(ai. and sec. 3 of'thsAct of Oct. 2, 1049,
<br />50 U.S.G. App. 1822b). -
<br />12. Activities carried out in eosutectloa
<br />with the Aviation Education Prograrn of the
<br />Federal Aviation Administration under sec-
<br />tions 303. 311, and 313(a) of the Feciaral
<br />Aviation Act of 1958, as amended (49 U.S.C.
<br />1348, 1352, and 1354(a)).
<br />13. Use of grants and loans matte in con-
<br />nection with Urban Mass 7rarlsportxLlon
<br />Capital Facilities Grant and Loam program
<br />Urban Mass Transportatlun Act of 1063,
<br />as amended (49 U.S.C. 1602).
<br />14. Use of grants made i:t conneal.ICn with
<br />Urban Mass Transportation i22escarch anti .
<br />Demonstration Grant Program - -Urban brass
<br />Transportation Act of 1064, as amended (49
<br />U.S.C. 1806) . .
<br />15. Use of grants made in connection with.
<br />Urban Mass Transportation Technical Stud -
<br />lea Grant program Urban Mass Transporta.
<br />tion Act of 1064, as amended (49 U.S.C.
<br />1607x).
<br />16. Use of grants made In connection with
<br />Urban M"s Transportation Managerial.
<br />T Alning Grant Program Urban Mass
<br />Transportattart Act of 1064, as amended (49
<br />U.S.Q. 1607b).
<br />17. Use of grants made In connectior with
<br />Urban. Mass Transportation Grants for Re-
<br />search and Training Profiratns to Insticu.
<br />Lions of Higher Learning - Urban Mass
<br />Transportation Act of 1964, n3 amended (40
<br />U.S.C. 16070).
<br />18. Use of grants made to connectlr.n faith
<br />the High Speed Ground Tratuiwrtation Act,
<br />as amended (49 U.S.C. 631 -642),
<br />APBLNDIx Is
<br />ACTrVM.V3 TO WHICH THIS PAaT APPLIES WIt£N
<br />A PRIMARY OaJxCYr VX OF THE PF0ZRA16 FINAN-
<br />CrAL ASSraTANCt Ia TO PROVIDE EMBLOYMLNT -
<br />1. Appalachia Regional )Jcwclopmcnt Act of
<br />1983 (40 U.S.C. App. 1 etseq.).
<br />APrzNntx C
<br />Ar'PUCATIOH OF PART 21 To ctwrA1.I nmx-RA(.
<br />TINANCUL ASUSTANCK Or TIDE ©ZpAR'rMXM?
<br />Or TRANSPOATATIO11
<br />Nonddiser(mixation on Federally Asatstcd
<br />PrafecrJ
<br />(a) 8sampfes. The following exatop :es..
<br />without being exhaustive, Illustrate the ap-
<br />pltcatiorr of the nondlacrimination provissons
<br />FPD xAL REGISTER, VOL 35, No. 118- MMSDAX, JUNII 19, 1970
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