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1;996
<br />inapplicable, or prohibit discrimination
<br />on any other ground.
<br />G)) Forms and instructions. Each re-
<br />sponsible Endowment official shall issue
<br />and promptly make available to inter-
<br />ested persons forms and detailed Instruc-
<br />tions and procedures for effectuating this
<br />part as applied to programs to which this
<br />part applies and for which he is
<br />responsible. .
<br />,c) supervision and coordination. The
<br />Chairman of an Endowment may from
<br />time to time assign to other officials of
<br />the Endowment or to officials of other
<br />del:artments or agencies of the Govern -
<br />ment, with'the consent of such depart -
<br />nients or agencies, responsibilities in
<br />connection with the effectuation of the
<br />purposes of title VI of the Act and this
<br />part, including the achievement of effec-
<br />tive coordination and maximum uni-
<br />formity within the Endowment and
<br />within the executive branch of the Gov-
<br />ernment in the application of title V1
<br />and this part of similar programs and in
<br />similar situations. Any action taken, dc-
<br />termination made, or requirement im-
<br />posed by an official of another de-
<br />rartment or agency acting pursuant to
<br />an assignment of responsibility under
<br />this subsection shall have the same effect
<br />as though such action had been taken by
<br />the responsible official of this agency..
<br />§1110.13 Definitions,
<br />r— As used in this part: .
<br />(a) The term "Foundation" means the
<br />National Foundation for the Arts and
<br />the Humanities, and includes the Na-
<br />tional Endowment for the Arts, the Na-
<br />tional Endowment for the Humanities,
<br />and each of their organizational units.
<br />(b) The term "Endowment" means
<br />the National Endowment for the Arts or
<br />the National Endowment for the
<br />Humanities.
<br />(c) The term "Chairman" means the
<br />Chairman of the National Endowment
<br />for the Arts or the Chairman of the Na-
<br />tional Endowment for the Humanities.
<br />• (d) The term "responsible Endow-
<br />ment official" with respect to any pro-
<br />gram receiving Federal financial
<br />assistance means the Chairman of any
<br />Endowment or other Endowment official
<br />designated by the Chairman.
<br />(e) The term "United States" means
<br />the States of the United States, the Dis-
<br />trict of Columbia, Puerto Rico, the Vir-
<br />gin Islands, American Samoa, Guam,
<br />Wake Island, the Canal Zone, and the
<br />territories and possessions of the United
<br />States, and the term "State" means any
<br />one of the foregoing.
<br />(f) The term "Federal financial as-
<br />sistance" includes (1) grants and loans
<br />of Federal funds, (2) the grant or the
<br />donation of Federal property and inter-
<br />ests in property, (3) the detail of Fed-
<br />.^ eras personnel, (4) the sale and lease of,
<br />and the permission to use (on other than
<br />a casual or transient basis), Federal
<br />property or any interest in such prop-
<br />- erty without consideration or at a nom-
<br />inal consideration, or at a consideration
<br />which is reduced for the purpose of as-
<br />sisting the recipient, or in recognition of
<br />the public interest to be served by such
<br />RULES AND REGULATIONS
<br />sale or lease to the recipient, and (5) any
<br />Federal agreement, arrangement, or
<br />other contract which has as one of its
<br />purposes the provision of assistance.
<br />(g) The term "program" includes any
<br />program, project, or activity involving
<br />the provision of services, financial aid,
<br />or other benefits to individuals (includ-
<br />ing education or training, health, hous-
<br />ii . or other services, whether provided
<br />through employees of the recipient of
<br />Federal financial :assistance or provided
<br />by others through contracts or other ar-
<br />rangements vAth the recipient, and in-
<br />cluding work opportunities and cash or
<br />loan or other assistance to individuals),
<br />or for provision of facilities for fur-
<br />nishing services, financial aid or other
<br />benefits to individuals. The service, fi-
<br />nancial aid, or other benefits provided
<br />under a program receiving Federal fi-
<br />nancial assistance shall be deemed to
<br />include any services, financial aid, or
<br />otlicr benefits provided with the aid of
<br />Federal financial :assistance or xvith the
<br />aid of any non - Federal. funds, property,
<br />or other resources required to be ex-
<br />pended or made available for the pro-
<br />gram to meet matching requirements or
<br />other conditions which must be met in
<br />order to receive the Federal financial as-
<br />sistance, and to include n ny services, fi-
<br />nan; ill aid, or other benefits provided in
<br />or through a facility provided with the
<br />aid o- Federal financial assistance or
<br />such non- Federii resources.
<br />(h) The term "facility" includes all or
<br />any portion of structures, equipment, or
<br />other real or personal property or in-
<br />terests therein, and the provision of fa-
<br />cilities includes the construction, expan-
<br />sion, renovation, remodeling, alteration
<br />or acquisition of facilities.
<br />(i) The term "recipient" means any
<br />State, political subdivision or any State,
<br />or instrumentality of any State or politi-
<br />cal subdivision, any public or private
<br />agency, institution, or organization, or
<br />other entity or any individual, in any
<br />State, to whom Federal financial assist-
<br />ance is extended, directly or through
<br />another recipient, for any program, in-
<br />cluding any successor, assign, or trans-
<br />feree thereof, but such term does not in-
<br />clude any ultimate beneficiary under any
<br />such program.
<br />(j) The term "primary recipients"
<br />means any recipient which is authorized
<br />or required to extend Federal financial
<br />assistance to another recipient for the
<br />purposes of carrying out a program.
<br />(k) The term "applicant" means one
<br />who submits an application, request, or
<br />plan required to be approved by a re-
<br />sponsible Endowment official, or by a
<br />primary recipient, as a condition to eli-
<br />gibility for Federal financial assistance,
<br />and the term "application" means such
<br />an application, request, or plan,
<br />AmENnnt A
<br />rEAERAL FINANCIAL ASSISTANCA TO WHICH TIUS
<br />PART APPL1 =S
<br />1. Assistance to groups for projects and
<br />productions in the arts.
<br />2. surveys, research and planning in the
<br />E
<br />25Z .
<br />3. Assistance to State arts agencies for
<br />projects and productions In the arts.
<br />4. Support of research in the humanitle.s.
<br />5. Support of educational programs in the
<br />humanities, including the training of stu-
<br />dents and teachers.
<br />6. Assistance to promote the interchampe
<br />of information lit the humanities.
<br />7. Assistance to foster public understand-
<br />lit,- and appreciation of the humanities.
<br />S. Support of the publication of sri,ohirly
<br />works in the humanities.
<br />Dated June 12. 1972.
<br />NANCY HANKS.
<br />Chairman,
<br />National Endowment for the At-is.
<br />RONALD S. DERA41*I, -
<br />Chairman, National
<br />F.ndolumrnt for the flumanitfrs.
<br />IFR Doe.73 -13302 Filed 7- 3- 73:8:45 am l
<br />Title 49— Transportation
<br />SUBTITLE A---OFFICE OF THE SI CRETASY
<br />OF TRANSPORTATION
<br />DDocket No. 18. Notice 72 -21
<br />PART 21— NONDISCRIMINATION IN FED-
<br />ERALLY ASSISTED PROGRAMS OF THE
<br />DEPARTMENT OF TRANSPORTATION --o
<br />EFFECTUATION OF TITLE VI OF THE
<br />CIVIL RIGHTS ACT OF 19", -
<br />Miscellaneous Amendments
<br />On July 19, 1972, a notice of proposed
<br />rulemaking was published In the FEDERAL
<br />RECISTER (37 FR 14320) to amend Part
<br />21 of the Regulations of the Office of the
<br />Secretary (49 CPR. Part 2l)-- NOndis-
<br />crinlination in Federally- Assisted Pro-
<br />grams of the Department of Transporta -,
<br />tion.
<br />All interested parties were invited to
<br />give their views on the proposed amend-
<br />ment. None of the comments received
<br />provided a basis for change in the Pro-
<br />posed amendment. The purpose of the
<br />amendment is as follows:
<br />Planning or Advisory Board Member-
<br />ship. Although existing § 21.5(b) (vi)
<br />contains a prohibition against discrimi-
<br />natory denial of the "opportunity to par-
<br />ticipate in the program through the pro-
<br />vision of services or otherwise * * * ", the
<br />existing regulations did not specifically
<br />deal with the matter of planning or ad-
<br />visory board membership. Considering
<br />the broad purpose of Title VI of the Civil
<br />Rights Act of 1964, the Department of
<br />Transportation believes that member-
<br />ship on such boards is an aspect of "par-
<br />ticipation in the program" within the
<br />meaning of section 601 of the Act (42
<br />U.S.C. 2000d). To make it clear that such
<br />discrimination is prohibited, the Depart-
<br />ment is 'adding a specific reference to
<br />planning, advisory, and similar bodies to
<br />the other activities listed in § 21.5(b).
<br />The provision applies only to the ex-
<br />tent that the "recipient" has control over
<br />board membership. It Is applicable, for
<br />example, where the members are ap-
<br />pointed by the recipient. Where the
<br />board is elected and the election pro-
<br />cedures are determined by the recipient.
<br />such procedure is to be nondiscrimina-
<br />tory. The term "integral- part" in used in
<br />order to make it clear that regulations
<br />are inapplicable to boards related only
<br />. . FEDERAL REGISTER, VOL. 38, NO. 128--7MURSDAY, IDLY 5, 1973
<br />
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