PART 15b—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Authority: 29 U.S.C. 794. Source: 47 FR 25470, June 11, 1982, unless otherwise noted. Subpart A—General Provisions § 15b.1 Purpose. The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973, as amended, to the end that no otherwise qualified handicapped individual in the United States shall solely by reason of his or her handicap be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. § 15b.2 Applicability. This part applies to all programs or activities that receive Federal financial assistance extended by the Department of Agriculture after the effective date of this part whether or not the assistance was approved after the effective date. Subparts A, B, and C are of general applicability. Subparts D, E, and F are more specifically tailored. Subpart G is procedural. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990; 68 FR 51342, Aug. 26, 2003] § 15b.3 Definitions. As used in this part, the term or phrase: (a) The Act (b) Section 504 (c) Education of the Handicapped Act (d) Department (e) Secretary (f) Recipient (g) Federal financial assistance assistance (1) Funds; (2) Services of Federal personnel; (3) Real and personal Federal property or any interest in Federal property, including: (i) A sale, transfer, lease or use (on other than a casual or transient basis) of Federal property for less than fair market value, for reduced consideration or in recognition of the public nature of the recipient's program or activity; and (ii) Proceeds from a subsequent sale, transfer or lease of Federal property if the Federal share of its fair market value is not returned to the Federal Government. (4) Any other thing of value. (h) Facility (i) Handicapped person (j) Physical or mental impairment physical or mental impairment (k) Major life activities (l) Has a record of such an impairment (m) Is regarded as having an impairment (n) Qualified handicapped person otherwise qualified handicapped individual (1) With respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question, but the term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others; (2) With respect to public preschool, elementary, secondary, or adult educational services, a handicapped person, (i) of an age during which non-handicapped persons are provided such services, (ii) of an age during which it is mandatory under State law to provide such services to handicapped persons, or (iii) to whom a State is required to provide a free appropriate public education under section 612 of the Education of the Handicapped Act; and (3) With respect to postsecondary and vocational education services, a handicapped person who meets all academic and technical standards requisite to admission or participation in the recipient's education program or activity; (4) With respect to other services, a handicapped person who meets the essential eligibility requirements for the receipt of such services. (o) Handicap (p) For purposes of § 15b.18(d), Historic Preservation Programs (q) For purposes of § 15b.18(e), Historic properties (r) For purposes of § 15b.18(d), Substantial impairment (s) Program or activity (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 (s)(1), (2), or (3) of this section. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990; 68 FR 51342, Aug. 26, 2003] § 15b.4 Discrimination prohibited. (a) General. (b) Discriminatory actions prohibited. (i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit or services; (ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit or services that is not equal to that afforded others; (iii) Provide a qualified handicapped person with an aid, benefit or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit or to reach the same level of achievement in the most integrated setting appropriate as that provided to others; (iv) Provide a different or separate aid, benefit or service to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with an aid, benefit or service that are as effective as those provided to others; (v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit or service to beneficiaries of the recipient's program or activity; (vi) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or (vii) Otherwise limit a qualified handicapped person in the enjoyment of any rights, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit or service. (2) For purposes of this part, aids, benefits and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and nonhandicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs. (3) Despite the existence of separate or different aid, benefits, or services provided in accordance with this part, a recipient may not deny a qualified handicapped person the opportunity to participate in such programs or activities that are not separate or different. (4) A recipient may not, directly or through contractual or other arrangements, utilize criteria or methods of administration (i) that have the effect of subjecting qualified handicapped persons to discrimination on the basis of handicap, (ii) that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the recipient's program or activity with respect to handicapped persons, or (iii) that perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State. (5) In determining the site or location of a facility, an applicant for assistance or a recipient may not make selections (i) that have the effect of excluding handicapped persons, from denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity that receives Federal financial assistance or (ii) that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to handicapped persons. (6) As used in this section, an aid, benefit or service provided under a program or activity receiving Federal financial assistance includes any aid, benefit or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or in part, with Federal financial assistance. (c) Aid, benefits, or services limited by Federal law. (d) Communications. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, Aug. 26, 2003] § 15b.5 Assurances required. (a) Assurances. (b) Duration of obligation. (2) In the case of Federal financial assistance extended to provide personal property, the assurance will obligate the recipient for the period during which it retains ownership or possession of the property. (3) In all other cases, the assurance will obligate the recipient for the period during which Federal financial assistance is extended. (c) Covenants. (2) Where no transfer of property is involved but property is purchased or improved with Federal financial assistance, the recipient shall agree to include the covenant described in paragraph (c)(1) of this section in the instrument effecting or recording any subsequent transfer of the property. (3) Where Federal financial assistance is provided in the form of real property or interest in the property from the Department, the covenant shall also include a condition coupled with a right to be reserved by the Department to revert title to the property in the event of a breach of the covenant. If a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on the property for the purposes for which the property was transferred, the Secretary may, upon request of the transferee and if necessary to accomplish such financing and upon such conditions as the Secretary deems appropriate, agree to forebear the exercise of such right to revert title for so long as the lien of such mortgage or other encumbrance remains effective. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, Aug. 26, 2003] § 15b.6 Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. (b) Adoption of grievance procedures. (c) The Secretary may require any recipient with fewer than fifteen employees to designate a responsible employee and adopt grievance procedures when the Secretary finds a violation of this part or finds that complying with these administrative requirements will not significantly impair the ability of the recipient to provide benefits or services. § 15b.7 Notice of nondiscrimination and accessible services. (a) A recipient shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of handicap in violation of section 504 and this part. The notification shall state, where appropriate, that the recipient does not discriminate in admission or access to, or treatment or employment in, its programs or activities. The recipient shall also identify the responsible employee designated pursuant to § 15b.6(a), and identify the existence and location of accessible services, activities, and facilities. A recipient shall make the initial notification required by this paragraph within 90 days of the effective date of this part. Methods of initial and continuing notification may include but are not limited to the posting of notices, placement of notices in the recipient's publications, radio announcements, and the use of other visual and aural media. (b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants or employees, it shall include in those materials or publications a statement of the policy described in paragraph (a) of this section. A recipient may meet the requirement of this paragraph either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, Aug. 26, 2003] § 15b.8 Remedial action, voluntary action, and self-evaluation. (a) Remedial action. (2) Where a recipient is found to have discriminated against persons on the basis of handicap in violation of section 504 or this part and where another recipient exercises control over the recipient that has discriminated, the Secretary, where appropriate, may require either or both recipients to take remedial action. (3) The Secretary may, where necessary to overcome the effects of discrimination in violation of section 504 or this part, 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, or (iii) with respect to handicapped persons presently in the program or activity, but not receiving full benefits or equal and integrated treatment within the program. (b) Voluntary action. (c) Self-evaluation. (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 part. (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 part; 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 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 Secretary 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. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, Aug. 26, 2003] § 15b.9 Effect of State or local law or other requirements, and effect of employment opportunities. (a) The obligation to comply with this part is not obviated or alleviated by the existence of any State or local law or other requirement that, on the basis of handicap, imposes prohibitions or limits upon the eligibility of qualified handicapped persons to receive services or to practice any occupation or profession. (b) The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for handicapped persons than for nonhandicapped persons. § 15b.10 Effect of compliance with regulations of other Federal agencies. A recipient that has designated a responsible official and established a grievance procedure, provided notice, completed a self-evaluation, or prepared a transition plan in the course of complying with regulations issued by other Federal agencies under section 504 will be in compliance with § 15b.6, § 15b.7, § 15b.8(c), or § 15b.18(f), respectively, if all requirements of those sections have been met in regard to programs or activities assisted by this Department. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, Aug. 26, 2003] Subpart B—Employment Practices § 15b.11 Applicability. This subpart applies to all programs or activities that receive Federal financial assistance provided by the Department of Agriculture after the effective date of this part. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990; 68 FR 51342, Aug. 26, 2003] § 15b.12 Discrimination prohibited. (a) General. (2) A recipient shall make all decisions concerning employment in a manner which ensures that discrimination on the basis of handicap does not occur and may not limit, segregate, or classify applicants or employees in any way that adversely affects their opportunities or status because of handicap. (3) A recipient may not participate in a contractural or other relationship that has the effect of subjecting qualified handicapped applicants or employees to discrimination prohibited by this subpart. This includes relationships with employment and referral agencies, with labor unions with organizations providing or administering fringe benefits to employees of the recipient, and with organizations providing training and apprenticeships. (4) All provisions of this subpart pertaining to employment, apply equally to volunteer service. (b) Specific activities. (1) Recruitment, advertising, and the processing of applications for employment; (2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right to return from layoff, and rehiring; (3) Rates of pay or any other form of compensation and changes in compensation; (4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (5) Leaves of absence, sick leave, or any other leave; (6) Fringe benefits available by virtue of employment, whether or not administered by the recipient; (7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (8) Employer sponsored activities, including those that are social or recreational; and (9) Any other term, condition, or privilege of employment. (c) A recipient's obligation to comply with this subpart is not affected by any inconsistent term of any collective bargaining agreement to which it is a party. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.13 Reasonable accommodation. (a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program or activity. (b) Reasonable accommodation may include (1) Making facilities used by employees readily accessible to and useable by handicapped persons, and (2) Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provisions of readers or interpreters, and other similar actions. (c) In determining pursuant to paragraph (a) of this section whether an accommodation would impose an undue hardship on the operation of a recipient's programs or activities, factors to be considered include: (1) The overall size of the recipient's program or activity with respect to number of employees, number and type of facilities, and size of budget; (2) The type of the recipient's operation, including the composition and structure of recipient's workforce; (3) The nature and cost of the accommodation needed. (d) A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.14 Employment criteria. (a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped persons unless: (1) The recipient shows that the test score or other selection criterion, as used by the recipient, is job-related for the position in question, and (2) the Secretary cannot show that alternative job-related tests or criteria are available that do not screen out or tend to screen out as many handicapped persons. (b) A recipient shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure). § 15b.15 Preemployment inquiries. (a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an applicant as to whether the applicant is a handicapped person or as to the nature or severity of a handicap. A recipient may, however, make preemployment inquiry into an applicant's ability to perform job-related functions. (b) When a recipient is taking remedial action to correct the effects of past discrimination pursuant to § 15b.8(a), when a recipient is taking voluntary action to overcome the effects of conditions that resulted in limited participation in its federally assisted program or activity pursuant to § 15b.8(b), or when a recipient is taking affirmative action pursuant to section 503 of the Act, the recipient may invite applicants for employment to indicate whether and to what extent they are handicapped: Provided, (c) Nothing in this section shall prohibit a recipient for conditioning an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty: Provided, (d) Information obtained in accordance with this section as to the medical condition or history of the applicant shall be collected and maintained on separate forms that shall be accorded the same confidentiality as medical records except that: (1) Supervisors and managers may be informed regarding restrictions on the work or duties of handicapped persons and regarding necessary accommodations; (2) First aid and safety personnel may be informed, where appropriate, if the condition might require emergency treatment; and (3) Governement officials investigating compliance with the Act shall be provided relevant information upon request. Subpart C—Accessibility § 15b.16 Applicability. This subpart applies to all programs or activities that receive Federal financial assistance provided by the Department of Agriculture after the effective date of this part. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990; 68 FR 51343, Aug. 26, 2003] § 15b.17 Discrimination prohibited. No qualified handicapped person shall, because a recipient's facilities are inaccessible to or unusuable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity receiving assistance from this Department. § 15b.18 Existing facilities. (a) Accessibility. (b) Method. (c) Small providers. (d) Application for modification of requirements. (e) Historic Preservation Programs; Application for waiver of program accessibility requirements. (i) Making physical alterations which enable handicapped persons to have access to otherwise inaccessible areas or features of historic properties; (ii) Using audio-visual materials and devices to depict otherwise inaccessible areas or features of historic properties; (iii) Assigning persons to guide handicapped persons into or through otherwise inaccessible portions of historic properties; (iv) Adopting other innovative methods to achieve accessibility. Because the primary benefit of an Historic Preservation Program is the experience of the historic property itself, in taking steps to achieve accessibility, recipients shall give priority to those means which make the historic property, or portions thereof physicially accessible to handicapped individuals. (2) Where accessibility cannot be achieved without causing a substantial impairment of significant historic features, the Secretary may grant a waiver of the accessibility requirement. In determining whether accessibility can be achieved without causing a substantial impairment, the Secretary shall consider the following factors: (i) Scale of property, reflecting its ability to absorb alterations; (ii) Use of the property, whether primarily for public or private purpose; (iii) Importance of the historic features of the property to the conduct of the program or activity; and, (iv) Cost of alterations in comparison to the increase in accessibility. The Secretary shall periodically review any waiver granted under this section and may withdraw it if technological advances or other changes so warrant. (3) Where the property is federally owned or where Federal funds may be used for alterations, the comments of the Advisory Council on Historic Preservation shall be obtained when required by section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and 36 CFR part 800, prior to effectuation of structural alterations. (f) Time period. (g) Transition plan. (1) Identify physical obstacles in the recipient's facilities that limit the accessibility of its program or activity to handicapped persons; (2) Describe in detail the methods that will be used to make the facilities accessible; (3) Specify the schedule for taking the steps necessary to achieve full accessibility under paragraph (a) of this section and if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (4) Identify the person responsible for implementation of the plan. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, 51343, Aug. 26, 2003] § 15b.19 New construction. (a) Design and construction. (b) Alteration. (c) Conformance with Uniform Federal Accessibility Standards. (2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with physical handicaps. (3) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member. (d) Compliance with the Architectural Barriers Act of 1968. [47 FR 25470, June 11, 1982, as amended at 55 FR 52138, 52139, Dec. 19, 1990] Subpart D—Preschool, Elementary, Secondary, Adult, and Extension Education § 15b.20 Applicability. Except as otherwise noted, this subpart applies to public and private schools, elementary, secondary, adult, and extension education programs or activities that receive Federal financial assistance provided by the Department of Agriculture after the effective date of this part and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990; 68 FR 51343, Aug. 26, 2003] § 15b.21 Location and notification. A recipient that operates a public elementary or secondary education program or activity shall annually: (a) Undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and (b) Take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duty under this subpart. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.22 Free appropriate public education. (a) General. (b) Appropriate education. (2) Implementation of an Individualized Education Program developed in accordance with the Education of the Handicapped Act is one means of meeting the standard established in paragraph (b)(1)(i) of this section. (3) A recipient may place a handicapped person or refer such person for aid, benefits, or services other than those that it operates or provides as its means of carrying out the requirements of this subpart. If so, the recipient remains responsible for ensuring that the requirements of this subpart are met with respect to any handicapped person so placed or referred. (c) Free education General. (2) Transportation. (3) Residential placement. (4) Placement of handicapped persons by parents. (d) Compliance. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.23 Educational setting. (a) Academic setting. (b) Nonacademic setting. (c) Comparable facilities. § 15b.24 Evaluation and placement. (a) Placement evaluation. (b) Evaluation procedures. (1) Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer; (2) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and (3) Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual or speaking skills (except where those skills are the factors that the test purports to measure). (c) Placement procedures. (d) Reevaluation. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.25 Procedural safeguards. A recipient that provides a public elementary or secondary education shall establish and implement, with respect to action regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.26 Nonacademic services. (a) General. (2) Nonacademic and extracurricular services and activities may include counseling services, physical education and athletics, food services, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipient, referrals to agencies which provide assistance to handicapped persons, and assistance in obtaining outside employment. (b) Counseling services. (c) Physical education and athletics. (2) A recipient may offer handicapped students physical education and athletic activities that are separate or different from those offered to nonhandicapped students only if separation or differentiation is consistent with requirements of § 15b.23, and only if no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different. (d) Food services. (2) Where existing food service facilities are not completely accessible and usable, recipients may provide aides or use other equally effective methods to serve food to handicapped persons. Recipients shall provide all food services in the most intergrated setting appropriate to the needs of handicapped persons as required by § 15b.23(b). [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.27 Extension education. (a) General. (b) Delivery sites. (2) For aid, benefits, or services delivered at other publicly-owned facilities, recipients shall select accessible facilities wherever possible. If accessible facilities cannot be selected because they are unavailable or infeasible due to the nature of the activity, recipients shall use other methods to deliver aid, benefits, or services to qualified handicapped persons. These methods may include the redesign of activities or some sessions of activities, the provision of aides, home visits, or other equally effective alternatives. (3) For aid, benefits, or services delivered at privately-owned facilities, such as homes and farm buildings, recipients shall use accessible facilities whenever qualified handicapped persons requiring such accessibility are participating, have expressed an interest in participating, or are likely to participate. If accessible facilities cannot be selected because they are unavailable or infeasible due to the nature of the activity, recipients shall use other methods to deliver aid, benefits, or services to qualified handicapped persons. These methods may include the redesign of activities or some sessions of activities, the provision of aides, home visits, or other equally effective alternatives. (4) Recipients shall make camping activities accessible to qualified handicapped persons. Recipients are not required to make every existing camp, all existing camp facilities, or all camp sessions accessible, but recipients who operate more than one camp or session may not limit qualified handicapped persons to one camp or session. (c) Materials. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, 51343, Aug. 26, 2003] § 15b.28 Private education. (a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if the person can, with minor adjustments, be provided an appropriate education, as defined by § 15b.22(b)(1)(i). Each recipient to which this section applies is also subject to the provisions of §§ 15b.23 and 15b.26. (b) A recipient to which this section applies may not charge more for the provision of an appropriate education to handicapped persons than to nonhandicapped persons except to the extent that any additional charge is justified by a substantial increase in cost to the recipient. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] Subpart E—Postsecondary Education § 15b.29 Applicability. Subpart E applies to public and private postsecondary education programs or activities, including postsecondary vocational education programs and activities, that receive Federal financial assistance provided by the Department of Agriculture after the effective date of this part. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990; 68 FR 51343, Aug. 26, 2003] § 15b.30 Admissions and recruitment. (a) General. (b) Admissions. (1) May not apply limitations upon the number or proportion of handicapped persons who may be admitted; (2) May not make use of any test or criterion for admission that has a disproportionate, adverse effect on handicapped persons or any class of handicapped persons unless (i) the test or criterion, as used by the recipient, has been validated as a predictor of success in the education program or activity in question and (ii) alternate tests or criteria that have a less disproportionate, adverse effect are not shown by the Secretary to be available. (3) Shall assure itself that (i) admissions tests are selected and administered so as best to ensure that, when a test is administered to an applicant who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the applicant's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure); (ii) admissions tests that are designed for persons with impaired sensory, manual, or speaking skills are offered as often and in as timely a manner as are other admissions tests; and (iii) admissions tests are administered in facilities that, on the whole, are accessible to handicapped persons; and (4) Except as provided in paragraph (c) of this section, may not make preadmission inquiry as to whether an applicant for admission is a handicapped person but, after admission, may take inquiries on a confidential basis as to handicaps that may require accommodation. (c) Preadmission inquiry exception. Provided, (d) Validity studies. § 15b.31 Treatment of students. (a) General. (b) A recipient to which this subpart applies that considers participation by students in education programs or activities not operated wholly by the recipient as part of, or equivalent to, an education program or activity operated by the recipient shall assure itself that the other education program or activity, as a whole, provides an equal opportunity for the participation of qualified handicapped persons. (c) A recipient to which this subpart applies may not, on the basis of handicap, exclude any qualified handicapped student from any course, course of study, or other part of its education program or activity. (d) A recipient to which this subpart applies shall operate its programs or activities in the most integrated setting appropriate. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.32 Academic adjustments. (a) Academic requirements. (b) Other rules. (c) Course examinations. (d) Auxiliary aids. (2) Auxiliary aids may include taped texts, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.33 Housing. (a) Housing provided by the recipient. (b) Other housing. § 15b.34 Financial and employment assistance to students. (a) Provision of financial assistance. (2) A recipient may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established under wills, trusts, bequests, or similar legal instruments that require awards to be made on the basis of factors that discrimate or have the effect of discriminating on the basis of handicap only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory on the basis of handicap. (b) Assistance in making available outside employment. (c) Employment of students by recipients. § 15b.35 Nonacademic services. (a) Physical education and athletics. (2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different only if separation or differentiation is consistent with the requirements of § 15b.31(d) and only of no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different. (b) Counseling and placement services. (c) Social organizations. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] Subpart F—Other Aid, Benefits, or Services § 15b.36 Applicability. Subpart F applies to aid, benefits, or services, other than those covered by subparts D and E, that receive Federal financial assistance provided by the Department of Agriculture after the effective date of this part. [47 FR 25470, June 11, 1982, as amended at 55 FR 52139, Dec. 19, 1990; 68 FR 51343, Aug. 26, 2003] § 15b.37 Auxiliary aids. (a) A recipient to which this subpart applies that employs fifteen or more persons shall provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills, where necessary to afford such persons an equal opportunity to benefit from the service in question. (b) The Secretary may require recipients with fewer than fifteen employees to provide auxiliary aids where the provision of aids would not significantly impair the ability of the recipient to provide its benefits or services. (c) For the purpose of this section, auxiliary aids may include Brailled and taped material, interpreters, and other aids for persons with impaired hearing or vision. § 15b.38 Health care facilities. (a) Communications. (b) Emergency treatment for the hearing impaired. (c) Drug and alcohol addicts. § 15b.39 Education of institutionalized persons. A recipient to which this subpart applies that operates or supervises a program or activity that provides aid, benefits, or services for persons who are institutionalized because of handicap shall ensure that each qualified handicapped person, as defined in § 15b.3(n)(2), in its program or activity is provided an appropriate education, as defined in § 15b.22(b). Nothing in this section shall be interpreted as altering in any way the obligations of recipients under subpart D. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.40 Food services. (a) Recipients which provide food services shall serve special meals, at no extra charge, to persons whose handicap restricts their diet. Recipients may require handicapped persons to provide medical certification that special meals are needed because of their handicap. (b) Where existing food service facilities are not completely accessible and usable, recipients may provide aides or use other equally effective methods to serve food to handicapped persons. Recipients shall provide all food services in the most integrated setting appropriate to the needs of handicapped persons. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] § 15b.41 Multi-family rental housing. (a) General. (b) New construction. (i) The variety of units accessible to or adaptable for physically handicapped persons shall be comparable to the variety of units available in the project as a whole. (ii) No extra charge may be made for use of accessible or adaptable units. (iii) A recipient that operates multi-family rental housing projects on more than one site may not locate all accessible or adaptable units at one site unless only one accessible or adaptable unit is required. (2) Standards for accessibility are contained in subpart C and in appropriate regulations. (c) Existing facilities. [47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003] Subpart G—Procedures § 15b.42 Procedures. The procedural provisions applicable to title VI of the Civil Rights Act of 1964 apply to this part. These procedures are found in 7 CFR 15.5-15.11 and 15.60-15.143. Appendix A to Part 15 b The types of Federal financial assistance administered by the U.S. Department of Agriculture include but are not limited to the following: Type of Federal Financial Assistance Authority Administered by the Agricultural Cooperative Service 1. Technical assistance for agricultural cooperatives Cooperative Marketing Act of 1926, 7 U.S.C., Secs. 451-457. Administered by the Agricultural Marketing Service 2. Federal-State marketing improvement program Sec. 204(b) of the Agricultural Marketing Act of 1946, 7 U.S.C. 1623(b). 3. Market news service Sec. 203(g) of the Agricultural Marketing Act of 1946, 7 U.S.C. 1622(g); the Cotton Statistics and Estimates Act, as amended, 7 U.S.C. 471-476; the Tobacco Statistics Act, as amended, 7 U.S.C. 501-508; the Tobacco Inspection Act, 7 U.S.C. 511-511(q); the Naval Stores Act, 7 U.S.C. 91-99; the Turpentine and Rosin Statistics Act, 7 U.S.C. 2248; the United States Cotton Futures Act, 7 U.S.C. 15b; and the Peanut Statistics Act as amended, 7 U.S.C. 951-957. Administered by the Agricultural Research Service 4. Agriculture research grants Secs. 1 and 10 of the Act of June 29, 1935, as amended, 7 U.S.C. 427 and 427i; and 202-208 of the Agricultural Marketing Act of 1946, as amended, 7 U.S.C. 1621-1627. Administered by the Agricultural Stabilization Conservation Service 5. Price support programs operating through producer associations, cooperatives, and other recipients in which the recipient is required to furnish specified benefits to producers (e.g., tobacco, peanuts, sugar, cotton, rice, honey and soybeans price support programs) Agricultural Act of 1949, as amended; 7 U.S.C. 1421-1447. 6. Disaster feed donation programs Section 407 of the Agricultural Act of 1949, as amended, 7 U.S.C. 1427. Administered by the Cooperative State Research Service 7. Payments under the Hatch Act Hatch Act of 1887, as amended, 7 U.S.C. 361a-361i. 8. McIntire-Stennis cooperative forestry research Act of October 10, 1962, as amended, 16 U.S.C. 582a-582a-7. 9. Payments to 1890 colleges and Tuskegee Institute for research Sec. 1445 of the Food and Agriculture Act of 1977, as amended, 7 U.S.C. 3222. 10. Native latex research Native Latex Commercialization and Economic Development Act of 1978, 7 U.S.C. 178 et seq. 11. Alcohol Fuels research Sec. 1419 of the Food and Agriculture Act of 1977, as amended, 7 U.S.C. 3154. 12. Animal Health Research Sec. 1433 of the Food and Agriculture Act of 1977, as amended, 7 U.S.C. 3195. 13. Competitive research grants Sec. 2(b) of the Act of August 4, 1965, as amended, 7 U.S.C. 450i(b). 14. Experiment station research facilities Act of July 22, 1963, as amended, 7 U.S.C. 390-390j. 15. Special research grants Sec. 2(c) of the Act of August 4, 1965, as amended, 7 U.S.C. 450i(c). 16. Rural development research Title V of the Rural Development Act of 1972, as amended, 7 U.S.C. 2661 et. seq. Administered by Extension Service 17. Cooperative extension work Smith-Lever Act, as amended, 7 U.S.C. 341-349; District of Columbia Public Postsecondary Education Reorganization Act, D.C. Code Secs. 31-1719; Rural Development Act of 1972, as amended, 7 U.S.C. 2661 et. seq.; Administered by Farmers Home Administration 18. Farm ownership loans to install or improve recreational facilities or other nonfarm enterprises Sec. 303 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1923. 19. Operating loans to install or improve recreational facilities or other nonfarm enterprises Sec. 312 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1942. 20. Soil and water conservation, (including pollution abatement facilities), and recreational facilities Sec. 304 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1924. 21. Financial and other assistance to landowners, operators, or occupiers to carry out land uses and conservation Sec. 203 of the Appalachian Regional Development Act of 1965, as amended, 40 U.S.C. App. 203. 22. Rural renewal, resource, conservation development, land conservation and utilization Secs. 31-35 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1010-1035. 23. Watershed protection and flood prevention program Watershed Protection and Flood Prevention Act, as amended, 16 U.S.C. 1001-1008. 24. Resource conservation and development loans Sec. 32(e) of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1011(e). 25. Farm labor housing loans Sec. 514 of the Housing Act of 1949, 42 U.S.C. 1484. 26. Farm labor housing grants Sec. 516 of the Housing Act of 1949, as amended, 42 U.S.C. 1486. 27. Rural rental housing for the elderly and families of low and moderate income persons Sec. 515 of the Housing Act of 1949, as amended, 42 U.S.C. 1485. 28. Rural cooperative housing Sec. 515 of the Housing Act of 1949, as amended, 42 U.S.C. 1485. 29. Rural housing site loans Sec. 524 of the Housing Act of 1949, as amended, 42 U.S.C. 1490d. 30. Technical and supervisory assistance grants Sec. 525 of the Housing Act of 1949, as amended, 42 U.S.C. 1490e. 31. Technical assistance grants Sec. 523 of the Housing Act of 1949, as amended, 42 U.S.C. 1490c. 32. Rural housing self-help site loans Sec. 523 of the Housing Act of 1949, as amended, 42 U.S.C. 1490c. 33. Mutual self-help housing Sec. 523 of the Housing Act of 1949, as amended, 42 U.S.C. 1490c. 34. Water and waste facility loans and grants and community facility loans and grants Sec. 306 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1926. 35. Rural and industrial loan program Sec. 310(a) of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1932(a). 36. Private business enterprise grants Sec. 310(c) of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1932(c). 37. Area development assistance planning grant program Sec. 306(a)(11) of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1926(a)(11). 38. Energy impacted area development assistance program Sec. 601 of the Power Plant and Industrial Fuel Use Act of 1978, 42 U.S.C. 8401. Administered by the Federal Grain Inspection Service 39. Inspection administration and supervision U.S. Grain Standards Act, as amended, 7 U.S.C. 71-87; and, Sec. 203(h) of the Agricultural Marketing Act of 1946, 7 U.S.C. 1621-1630. Administered by the Food and Nutrition Service 40. Food stamp program Food Stamp Act of 1964, as amended, 7 U.S.C. 2011-2027. 41. Special supplemental food program for women, infants, and children (WIC) Sec. 17 of the Child Nutrition Act of 1966, as amended, 42 U.S.C. 1786. 42. Commodity supplemental food program Sec. 32 of the Act of August 24, 1935, as amended, 7 U.S.C. 612c; Sec. 416 of the Agricultural Act of 1949, as amended, 7 U.S.C. 1431. 43. Food distribution program Sec. 416 of the Agricultural Act of 1949, as amended, 7 U.S.C. 1431; Sec. 32 of the Act of August 24, 1935, as amended, 7 U.S.C. 612c; Secs. 6, 13 and 17 of the National School Lunch Act, as amended, 42 U.S.C. 1755, 1761, 1766; Sec. 8 of the Child Nutrition Act of 1966, 42 U.S.C. 1777; Sec. 709 of the Food and Agriculture Act of 1965, as amended, 7 U.S.C. 1446a-1. 44. National school lunch program National School Lunch Act, as amended, 42 U.S.C. 1751-1769a. 45. School breakfast program Sec. 4 of the Child Nutrition Act of 1966, as amended, 42 U.S.C. 1773. 46. Special milk program Sec. 3 of the Child Nutrition Act of 1966, as amended, 42 U.S.C. 1772. 47. Food service equipment assistance Sec. 5 of the Child Nutrition Act of 1966, as amended, 42 U.S.C. 1774; Sec. 5 of the National School Lunch Act, as amended, 42 U.S.C. 1754. 48. Summer food service program Sec. 13 of the National School Lunch Act, as amended, 42 U.S.C. 1761. 49. Child care food program Sec. 17 of the National School Lunch Act, as amended, 42 U.S.C. 1766. 50. Nutrition education and training program Secs. 18 and 19 of the Child Nutrition Act of 1966, 42 U.S.C. 1787, 1788. Administered by the Food Safety and Inspection Service 51. Payments to States for the inspection of egg handlers to insure that they are properly disposing of restricted eggs Egg Products Inspection Act, 21 U.S.C. 1031-1056. 52. Financial and technical assistance to States for meat inspection activities Federal Meat Inspection Act, as amended, 21 U.S.C. 601-695. 53. Financial and technical assistance to States for poultry inspection activities Poultry Products Inspection Act, as amended, 21 U.S.C. 451-470. 54. Financial and technical assistance to States for meat and poultry inspection activities Talmadge-Aiken Act, 7 U.S.C. 450. Administered by the Forest Service 55. Permits for use of National Forests and National Grasslands by other than individuals at a nominal or no charge Act of June 4, 1897, as amended, 16 U.S.C. 551; Sec. 501 of the Federal Land Policy Management Act of 1976, 43 U.S.C. 1761; Term Permit Act of March 4, 1915; as amended, 16 U.S.C. 497; Secs. 3 and 4 of the American Antiquities Act of June 8, 1906, 16 U.S.C. 432; Sec. 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1011. 56. Permit for land use of Government-owned improvements by other than individuals at a nominal charge Sec. 7 of the Granger-Thye Act of April 24, 1950, 16 U.S.C. 580d. 57. Permits for disposal of common varieties of mineral materials from lands under the Forest Service jurisdiction for use by other than individuals at a nominal or no charge Secs. 1-4 of the Act of July 31, 1947, as amended, 30 U.S.C. 601-603, 611. 58. Easements for use of National Forests and Grasslands by other than individuals at a nominal or no charge Sec. 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1011; Sec. 501 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1761. 59. Easements for road rights-of-way over lands administered by the Forest Service Sec. 2 of the Act of October 13, 1964, 16 U.S.C. 533. 60. Road rights-of-way Federal Highway Act of 1958, 23 U.S.C. 107, 317. 61. Rights-of-ways for wagon roads or railroads Sec. 501 of the Act of March 3, 1899, 16 U.S.C. 525. 62. Timber granted free or at nominal cost to any group Sec. 1 of the Act of June 4, 1897, as amended, 16 U.S.C. 551; Sec. 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1011. 63. Transfer for fire-lookout towers, improvements and land to States political subdivisions Sec. 5 of the Act of June 20, 1958, 16 U.S.C. 565b. 64. Payment of 25 percent of National Forest receipts to States for schools and roads Act of May 23, 1908, as amended, 16 U.S.C. 500. 65. Payment to Minnesota from National Forest receipts of a sum based on a formula Sec. 5 of the Act of June 22, 1948, as amended, 16 U.S.C. 577g, 577g-1. 66. Payment of 25 percent of net revenues from Title III, Bankhead-Jones Farm Tenant Act lands to counties for schools and road purposes Sec. 33 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1012. 67. Cooperative action to protect, develop, manage, and utilize forest resources on State and private lands Cooperative Forestry Assistance Act of 1978, 16 U.S.C. 2101-2111. 68. Advance of funds for cooperative research Sec. 20 of the Granger-Thye Act of April 24, 1950, 16 U.S.C. 581i-1. 69. Grants for support of scientific research Act of September 6, 1958, 42 U.S.C. 1891-1893. 70. Research cooperation Forest and Rangeland Renewable Resources Research Planning Act of 1974, as amended, 16 U.S.C. 1600-1614. 71. Youth conservation corps State grant program Act of August 13, 1970, as amended, 16 U.S.C. 1701-1706. 72. Young adult conservation corps State grant program Secs. 801-809 of the Comprehensive Employment and Training Act, as amended, 29 U.S.C. 991-999. 73. Grants to Maine, Vermont, and New Hampshire for the purpose of assisting economically disadvantaged citizens over 55 years of age Older Americans Act of 1965, as amended, 42 U.S.C. 3001-3057g. 74. Senior community service employment program (SCSEP) Sec. 902(b)(2) of Title IX of the Older Americans Amendments of 1975, 42 U.S.C. Administered by the Rural Electrification Administration 75. Rural electrification and rural telephone programs Rural Electrification Act of 1963, as amended, 7 U.S.C. 901-950b. 76. CATV, community facilities program Secs. 306 and 310B of the Consolidated Farm and Rural Development Act of 1979, 7 U.S.C. 1926, 1932. Administered by Science and Education Program Staff 77. Higher education Sec. 22 of the Act of June 29, 1935, as amended, 7 U.S.C. 329; Sec. 1417 of the Food and Agriculture Act of 1977, 7 U.S.C. 3152. Administered by the Soil Conservation Service 78. Soil and water conservation Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. 79. Plant materials for conservation Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. 80. Resource, conservation and development Secs. 31 and 32 of the Bankhead-Jones Farm Tenant Act, as amended, 7 U.S.C. 1010, 1111; Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. 81. Watershed protection and flood prevention Watershed Protection and Flood Prevention Act, as amended, 16 U.S.C. 1001-1008. 82. Great plains conservation Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. 83. Soil survey Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. 84. River basin surveys and investigations Sec. 6 of the Watershed Protection and Flood Prevention Act, 16 U.S.C. 1006. 85. Snow survey and water supply forecasting Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q. 86. Land inventory and monitoring Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. 590a-590f, 590q; Sec. 302 of the Rural Development Act of 1972, 7 U.S.C. 1010a. 87. Resource appraisal and program development Soil and Water Resources Conservation Act of 1977, 16 U.S.C. 2001-2009. 88. Rural clean water program Clean Water Act, 33 U.S.C. 1251-1376. 89. Rural abandoned mine program Secs. 406-413 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1236-1243. 90. Emergency watershed protection Sec. 7 of the Act of June 28, 1938, as amended, 33 U.S.C. 701b-1; Sec. 403, Agriculture Credit Act of 1978, 16 U.S.C. 2203. 91. Eleven authorized watershed projects Sec. 13 of the Act of December 22, 1944, 58 Stat. 905. Administered by the Office of Transportation 92. Transportation services Sec. 201 of the Agricultural Adjustment Act of 1938, 7 U.S.C. 1291; Sec. 203(j) of the Agricultural Marketing Act of 1946, as amended, 7 U.S.C. 1622(l); Sec. 104 of the Agricultural Trade Development and Assistance Act of 1954, as amended, 7 U.S.C. 1704. [47 FR 25470, June 11, 1982, as amended at 68 FR 51342, Aug. 26, 2003]