Honey Creek - Concession Contract - Attachment C-7 (USACE Lease with IDNR).pdf

Honey Creek Resort State Park Concession Contract 16CRDPBSARNT-0005 Attachment C-11

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Army Regulation 600-7

Personnel-General

Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army

Headquarters Department of the Army Washington, DC 15 November 1983

Unclassified

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SUMMARYof CHANGE

AR 600-7

Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army

This is a transitional reprint of this publication which places it in the new UPDATE format. Any previously published permanent numbered changes have been incorporated into the text.

I

I

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Headquarters Department of the Army Washington, DC 15 November 1983

Personnel-General

Army Regulation 600-7

Effective 15 December 1983

Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army

By Order of the Secretary of the Anny:

JOHN A. WICKHAM, JR

General, United States Army Chief of Staff

Official:

ROBERT M. JOYCE

Major General, United States Army The Adjutant General

History. This UPDATE issue is a reprin1 of the original fonn of this regulation that was published on 15 November 1983. Since that time, no changes have been issued to amend the originaL Summary. This regulation implements DOD Directive 1020.1. Jt defines policies and procedures for implementing the Army's

Contents (listed by paragraph and page number)

Chapter 1 Introduction, page

Section I General. page I Purpose • 1-1, page I References • 1-2, page I nondiscrimination programs and their com mand responsibilities; it also covers com plaint, fmdings, compliance, sanctions, and hearings involved in discriminatory practices.

Applicability.

a. This regulation applies to Active Army and US Army Reserve units that are disburs ing Federal financial assistance to, and con ducting, programs and activities that affect handicapped persons in the United States and that are covered by this regulation.

b. This regulation also applies to recipi ents of Federal financial assistance disbursed by DA and to programs and activities that receive or benefit from this assistance, inso far as these recipients, programs, or activities affect handicapped persons in the United States.

c. This regulation does not apply to the Anny National Guard.

Proponent and exception authority.

Not applicable

Impact on the New Manning System.

SecOon I

This regulation does not contain infonnation that affects the New Manning System.

Army management control process.

Supplementation. Supplementation of this regulation is prohibited unless prior approval is obtained from ASA(MRA). SAMR, WASH DC 20310.

Interim changes. Interim changes to this regulation are not official unless they are au thenticated by The Adjutant General. Users will destroy interim changes on their expira tion dates unless sooner superseded or re scinded.

Suggested Improvements. The propo nent agency of this regulation is the Office of the Assistant Secretary of the Army (Man power and Reserve Affairs). Users are invited to send comments and suggested improve ments on DA Fonn 2028 (Recommended Changes to Publications and Blank Forms) directly to HQDA (SAMR-SFREA), WASH

DC 20310.

Distribution. To be distributed in accord ance with Speci8l List.

Types of Programs and Activities Subject to This Regulation, General coverage ~ 2-1, page I Federal programs • 2-2, page I ProgramS and activities that affect handicapped persons • 2-3, Section II

Explanation of abbreviations and terms .. l-3, page I Policy • 1-4, page I

GuideUnes for Determining Discriminatory Practices, page 2 General prohibitions against discrimination • 2-4, page 2 Prohibitions against employment discrimination by recipients

Section II Responsibilities, page Assistant Secretary of the Army (Manpower and Reserve Affairs)

(ASA(M&RA)) • 1-5, page I Deputy for Civilian Personnel Policy and Equal Opportunity

(DCPP&EO), Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) • 1-6, page I

Heads of Army lnstallations and activities • 1-7, page 1 Equal employment opportunity (EEO) officers • J-8, page

Chapter 2 Discriminatory Practices, page 1

• 2-5, page 3

Chapter 3 Program Accessibility, page 3

Section I Accessibility, page 3 General requirements • 3-1, page 3 Existing facilities • 3-2, page 3 New construction • 3-3, page 3 Reasonable accommodation • 3-4, page 3

Section ff Spectfic AccessibiliZl', page 4 Historic properties • 3-5, page 4

AR 600-7 • 15 November 1983

Unclassified

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Contents-Continued

Military museums 4 3-6, page 4

Chapter 4 Complaints and Findings, page 5

Section I Complaints, pag e 5 Introduction • 4--1, page 5 Filing a complaint • 4-2, page 5 Investigating a complaint • 4-3, page 5 lnfonnation requirements • 4-4, page 6

Section IJ Findings, pag e 6 Written notification of findings • 4-5, page 6 Finding of alleged discriniination or noncompliance • 4-6, page 6 Finding of no discrimination • 4-7, page 6 Appeal of finding • 4-8, page 6

Chapter 5 Assurances, page 7 Required assurances • 5-l, page 7 Self-evaluation and consultation with interested persons and organizations • 5-2, page 7 Dissemination of information • 5-3, page 7 Staff responsibilities • 5-4, page 7 Access to records and facilities • 5-5, page 7

Chapter 6 Compliance, page 8

Section I Compliance Reviews, pag e 8 General • 6-J, page 8 Desk audit application review 4 6-2, page 8 Preapproval on-site reviews • 6-3, page 8 Postapproval reviews • 6-4, page 8 · Extensions • 6-5, page 8

Section Jl Effective Compliance, pag e 8 Violations • 6-6, page 8 Written notice of violation a 6-7, page 8 Attempting to achieve voluntary compliance by recipients a 6-8, Chapter 7 Imposing Sanctions, page 9 Sanctions available • 7-1, page 9 Tenninating, suspending, or refusing to grant or continue assistance

• 7-2, page 9 Other sanctions • 7-3, page 9

Chapter 8 Hearings, Decisions, and Notices, page 9

Section I Hearings, pag e 9 Reasonable notice • 8·-l, ·page 9 Time and place of hearing • 8-2, page 9 Hearing examiner • 8·-3, page 9 Right to counsel • 8-4, page 9 Procedures a 8-5. page 9 Consolidated or joint heilrings • 8-6, page IO

SecTion 11 Decisions and NotiL'es, pag e IO

Decision by a person other than the responsible DA official a 8-7, Decisions on records or review by the responsible DA official

• 8-8, page IO

Decisions on record when a hearing is waived • 8-9, page IO Rulings required • 8-10, page IO Approval by the Secretary of Defense • 8-J l, page /0

Chapter 9 Restoring Eligibility for Financial Assistance, page IO Adverse affect • 9-1, page I 0 Restoration of eligibility • 9-2, page IO Denial of eligibility • 9-3, page IO

Chapter 10 Coordination with Sections 502 and 503 of the

Rehabilitation Act of 1973 (As Amended), page I 0 Developing accessibility • 10-1, page IO Direct consultation • J0-2, page ll Coordination of enforcement actions 10-3, page I I Section 503 • I0-4, page II Employment • 10-5, page II

Appendix A. Format for Assurance of Compliance with the Department of the Army Under Section 504 of the Rehabilitation Act of 173 (As Amended), page I2

Glossary ii AR 600-7 • 15 November 1983

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Chapter 1 Introduction

Section I General

1-1. PUrpose This regulation prescribes policy and procedures for prohibiting discrimination based on handicap in DepartmCnt of the Army (DA) programs and activities that are-

a. Receiving Federal financial assistance disbursed by DA.

b. Conducted by DA.

1-2. References

a. Required publications are listed below.

(I) Title 36, Code of Federal Regulations, chapter Vlii, part 800

(36 CFR 800) (Protection of Historic and Cultural Properties). Cited in paragraph 3-5e.

(2) DODD I 020.1 (Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Depart ment of Defense). Cited in the summary statement

(3) DOD 4270.1-M (Construction Criteria Manual). Cited in par agraph 10-l.

(4) Manual EM I I 10-1-103 (Office of the Chief of Engineers) (Design for the Physically Handicapped). Cited in paragraphs 3-2a(J), 3~3, and 10-L This publication is available from the Of fice of the Chief of Engineers Publications Depot, 890 South Picket St., ALEX VA 22304; (703) 274-7771.

(5) AR 600-23 (Nondiscrimination in Federally Assisted Pro grams). Cited in paragraph 6-1 b.

b. Related publications are listed below. (A related publication is merely a source of additional infonuation. The user does not have to read it to understand this regulation.)

{l) DODJ 5000.22 (Guide to Estimating Reporting Costs).

(2) Public Law 93-112, Section 504 (Rehabilitation Act of 1973), September 26. 1973 (sec 794, title 29, United States Code) (1976).

(3) Public Law 93-516, section 111 {Rehabilitation Act Amend ments of 1974), December 7, 1974 (sec 706, 780, and 790, title 29, United States Code) (1976).

(4) Public Law 95-602, sec1ion 1 i9 (Rehabilitation, Comprehen sive Services, and Developmental Disabilities Amendments of 1978), November 6, J 978 (sec 794, title 29, United States Code) (Supp Ill, 1979).

(5) Title 28, Code of Federal Regulations. part 41 (28 CFR 41) (Department of Justice Regulation "Implementation of Executive Order J 2250, Nondiscrimination on the Basis of Handicap in Federally Assisted Programs", August 11. 1981).

(6) Chapter 35, title 44, United States Code (44 USC 35) (Coor dination of Federal Reporting Services).

1-3. Explanation of abbreviations and terms Abbreviations and special terms used in this regulation are ex~ plained in the glossary.

1-4. Policy The Army's policy is that no qualified handicapped person will be subjected to discrimination on the basis of handicap in any program or activity that receives or benefits from Federal financial assistance disbursed by DA. {Guidelines for determining actions that discrimi~ nate against handicapped persons in the United States are discussed in chap 2. sec Il.)

Section II Responsibilities

1-5. Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA(M&RA)) The ASA{M&RA) or designee has O\•erall DA responsibility to monitor compliance with this regulation. The ASA(MRA) or designee will-

a. Coordinate efforts Army-wide to enforce provisions of this regulation.

b. Assist in developing standards and procedures set forth in chapter 2, section L and chapters 4 and 5.

c. Assist in Anny-wide efforts in implementing this regulation.

1-6. Deputy for Civilian Personnel Policy and Equal Opportunity (DCPP&EO), Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) The DCPP&EO will-

a. Ensure compliance with this regulation.

b. Receive and investigate complaints filed under this regulation.

c. Otherwise manage Army-wide responsibilities under this regu lation, through direction from the Office of the ASA(M&RA).

1-7. Heads of Army Installations and activities Heads of Army installations and activities will-

a. Cooperate fully with the ASA(&RA) or designee in carrying out responsibilities prescribed by this regulation. This cooperation will include timely furnishing to the ASA(M&RA) or designee of required reports and information.'

b. Assign sufficient personnel to implement and insure effective enforcement of provisions of this regulation.

c. Ensure that provisions of this regulation are carried out.

1-8. Equal employment opportunity (EEO) officers EEO officers .will-

a. Act as advisors to commanders of installations and activities to which they are assigned.

b. Submit reports described in chapter 4 (paras 4--2d, 4-4b, and 4-6c specifically).

Chapter 2 Discriminatory Practices

Section I Types of Programs and Activities Subject to This Regulation

2-1. General coverage Existing programs and activities that are assisted or conducted Ar my-wide and that are su~)ect to this regulation (but do not appear in paras 2-2 and 2-·3) are covered; even though they are not listed.

Activities must report new programs and activities that are subject to this regulation to the ASA(M&RA) or designee within 15 calen dar days of their creation or funding.

2-2. Federal programs Federal financial assistance programs subject to this regulation and their enabling legislation, are listed below.

a. Various progfams involving the loan or other disposition of surplus. obsolete. or unclaimed property {sec 483, 484, and 512, title 40, United States Code (1976); sec 1101 and 1107, title 49, United States Code (I 976): sec 2541, 2544, 2571, 2576, 2662, 7308, 754 I, 7542, 7545, 7546. and 7547. title 10, United States Code (1976 and supp 1V 1980)).

b. National Program for the Promotion of Rifle Practice {sec 4307-43 J L title 10. United States Code ( 1976) and the annual Appropriations Act).

c. Federal grants and cooperative agreements (sec 501-509, title 41, United States Code (supp JIJ 1979)). ·

d. Anny Co1ps of Engineers participation in cooperative investi gations and studies concerning erosion of shores of coastal and lake waters (sec 426, title 33. United States Code (1976) and supp ill 1979).

e. Anny Corps of Engineers assistance in construction of works for restoration and protection of shores (sec 426e-h, title 33, United States Code ( 1976).

AR 600-7 • 15 November 1983

16CRDPBSARNT-0005 Attachment C-11 - USACE Lease with IDNR for HCR 49 f Construction and operation of public park and recreational fa cilities in water resource development projects under DA adminis trative jurisdiction (sec 460d, title 16, United States Code (1976).

g. Payment to States of lease receipts from lands acquired by the United States for flood control, navigation, and allied purposes (sec 701c-3, title 33, United States Code (1976)).

h. Grants of easements without consideration, or at nominal or reduced consideration, on land under DA control at water resource development projects (sec 558c and 702d-l, title 33, United States Code (l976); sec 2668 and 2699, title 10, United States Code (!976); sec 961, title 43, United States Code (!976); and sec 319, title 40, United States Code (1976).

i. Army Corps of Engineers assistance in construction of small boat-harbor projects (sec 540 and 577, title 33, United S1ates Code (1976)).

j. Emergency bank protection works constructed by the Army Corps of Engineers for protection of highways, bridge approaches, and public works (sec 701s, title 33, United States Code (1976).

k. Army Corps of Engineers contracts for protection, alteration, reconstruction, relocation, or placement of structures facilities (sec 633, title 33, United States Code (1976).

l. Provision of speci-alized services or technical information by the Anny Corps of Engineers to State and local governments for control of aquatic plant growths in rivers, harbors, and allied waters (sec 610, title 33, United States Code (1976).

m. Provision of specialized services by the Anny Corps of Engi· neerS to any State for preparation of comprehensive plans for drain age basins located within the boundaries of said State (sec 1962d-16, title 42, United States Code (1976).

n. Provision of specialized services by the Army Corps of Engi neers to improve channels for naviation {sec 603a, title 33, United States Code (1976)).

o. Research grants and contracts with nonprofit institutions of higher education using equipment purchased under Public Law 85-934 (title 42, United States Code (1892))_

p. Provision of specialized service by the Anny Corps of Engi neers to reduce flood damage (sec 701g, title 33, United States Code (1976)).

q. US Soldiers' and Airmen's Home (sec 44c and 47, title 24, United States Code (1976)}.

2-3. Programs and activities that affect handicapped persons All programs and activities conducted by DA that affect handi capped persons in the United States are subject to this regulation.

These programs and activities are included as listed below.

a. Promulgation of rules and regulations for public comment in a manner that grants handicapped persons a reasonable opportunity for such comment; an example is making cassette recordings of proposed rules.

b. Public meetings, conferences. or seminars sponsored or con ducted by DA, but held in non-Governmental buildings.

c. Public meetings, conferences, or seminars sponsored or con ducted by DA or a non-DA organization. but held in aDA building.

d Open houses, memorial services. tours. or other ceremonies held on or in DA property.

e. Historic vessels.

f Historic buildings and properties maintained by a DA activity:

properties designated as historic under a statue of the appropriate State or local governmental body. tSee glossary for explanation of the term historic property.)

g. Schools operated by DA within the United States (pursuant to sec 6 of Public Law 8!-874 and sec 241. title 20, United States Code (1976)}.

h. Donation of surplus or obsolete Army uniforms and combat items to the following:

(l) Veterans' organizations.

(2) Soldiers monument associations.

(3) Museums. (See paras 3--5 and J-6.)

(4) Incorporated municipalities.

i. Programs and activities conducted by DA and recipients that are not included in this chapter will be held accountable for provi sions in this regulation.

Section II Guidelines for Determining Discriminatory Practices

2-4. General prohibitions against discrimination

a. No qualified handicapped person will, on the basis of handi cap. be excluded from participation in, be denied the benefit of, or otherwise by subjected to discrimination under any program or ac tivity that is conducted by DA or that receives or benefits from Federal financial assistance disbursed by DA.

b. A recipient or DA component may not- ( l) Directly or through contractual, licensing, or other arrange ments, on the basis of handicap--

(a) Provide different or separate aid, benefits, or services to handicapped persons than provided to ·others; an exception would be unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are equal to those pro vided to others.

(b) Deny a qualified handicapped person the opportunity to take part in or benefit from the aid, benefit, or service.

(c) Afford a qualified handicapped person an opportunity to take part in or benefit from the aid, benefit, or service that is not equal to that afforded others.

(d) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective. as that afforded to others.

(e) otherwise limit a qualified handicapped person in the enjoy ment of any right, privilege, advantage, or opportunity granted to others receiving the aid, benefit, or service.

(2) Deny a qualified handicapped person the opportunity to take part in programs or activities that are not separate or different from regular programs or activities; this will be true even if such separate or different programs and activities are permissible under (l){a) above.

(3) Provide assistance to an agency, organization. or person that discriminates on the basis· of handicap in providing aid. benefit, or service to beneficiaries of the recipient's program or activity.

(4) Deny, on the basis of h~mdicap, a qualified handicapped per son the opportunity to take part as a member of planning or advi sory boards.

(5) Use, directly or through contractual or other arrangements, criteria or methods of administration that-

fa) Subject qualified handicapped persons to discrimination on the basis of handicap.

(b) Defeat or substantially impair accomplishment of the objec tives of the recipient's or DA component's program or activity with respect to handicapped persons.

(c) Perpetuate discrimination by another recipient if both recipi ents are subject to common administrative control, or are agencies of the same State.

c. In determining the site or location of a facility. a recipient or DA compoOent may not make selections that- .

( 1) Exclude handicapped persons from, deny them the benefits

of. or otherwise subject them to discrimination under any program or activity that receives or benefits from Federal financial assistance.

(2) Defeat or substantially impair, with respect to handicapped persons. the accomplishment of objectives of the program or activity. ·

d. Recipients and DA components will- ( J) Administer programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons.

(2) Take appropriate steps to-

fa) Make communications with their applicants, employees, and beneficiaries available to persons with impaired vision and hearing.

(b) Ensure that no handicapped individual is denied the benefits

of. excluded from taking part in, or otherwise subjected to discrimi nation because of the absence of auxiliary aids. Examples of these

2 AR 600-7 • 15 November 1983

16CRDPBSARNT-0005 Attachment C-11 - USACE Lease with IDNR for HCR 50 aids are as follows: certified sign-language interpreters, telecommu~ nication devices (TDDs), or other telephonic devices for individuals with impaired sensory, manual, or speaking skills.

e. This section may not be interpreted to prohibit exclusion of the following:

( J) Persons who are not handicapped from benefits, programs, and activities limited by Federal statute or executive order to handi capped persons.

(2) One class of handicapped persons from a program or activity limited by Federal statute or executive order to a different class of handicapped persons.

2-5. Prohibitions against employment discrimination by recipients Prohibition against discrimination in employment applies to the following:

a. Recruitment, advertising, and processing of applications for employment.

b. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, tennination, right of return from layoff, and rehiring.

c. Rates of pay or any other fonn of compensation, and changes in compensation.

d Job assignments. job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.

e. Leaves of absence, sick leave, or any other leave.

.f Fringe benefits available by Virtue of employment, whether or not administered by the recipient.

g. Selection and financial support for training; these criteria inM dude apprenticeship. professional meetings, conferences, and other related activities, and selection for leaves of absence for training.

h. Programs and activities sponsored by the employer; these in· elude social and recreational programs.

i. Any other term. condition, or privilege of employment

Chapter 3 Program Accessibility

Section I Accessibility

3-1. General requirements Because the facilities of .a recipient or DA component are inaccessi ble to or not usable by handicapped persons, no qualified handi capped person will be denied the benefits of, or be excluded from taking part in, or be subjected otherwise to discrimination under any program or activity--

a. That receives or benefits from Federal assistance disbursed by

DA.

b. Conducted by DA.

3-2. Existing facilities

a. A recipient or DA component wiiJ operate programs or activi ties so that they are readily accessible to, and usable by, handiM capped persons. However, this does not necessarily require a recipient or DA component to make each of its existing facilities or every part usable by handicapped persons.

(1) Guidance in de1ennining accessibility of facilities is discussed in Office of the Chief of Eneineers Manual EM II J 0·-1- I 03.

(2) Inquires on specific acc~ssibility design problems should be addressed ·to the ASA!M&RA) or designee.

b. Structural changes necessary to make programs or activities in existing facilities accessible to the extent required by paragraph 3-·1 will be made as discussed below.

(I) Such changes will be made as soon as practicable, but no later than 2 years after the effective date of this regulation. Howev er, DA components concerned may extend this period of time if the following conditions apply:

(a) The program or activity is a particular mode of transportation (such as a subway station) that can be made accessible only through extraordinarily expensive structural changes to, or replacement of, existing facilities.

{b) Other accessible modes of transportation are available.

Note. This extension will be for a reasonable and definite period; this period will be detennincd after consultation with the ASA(M&RA) or designee.

(2) The recipient or DA component will develop a transition plan containing steps necessary· to complete the changes. This plan will be developed-

(a) With the assistance of interested persons or organizations.

(b) Within a period of time to be established in each DA compoM nent's guidelines.

(3) The recipient or DA component will make a copy of the transition plan available for public inspection. At a minimum, the plan will include the infonnation listed below.

(a) Identity of physical obstacles in the facilities that limit acces sibility to handicapped persons.

(b) Description in detail of the methods that will be used to make the facilities accessible.

(c) Specific schedule for taking steps necessary to achieve full accessibility; if the time period is longer than 1 year, steps will be identified that will be taken during each year of the transition period.

(d) Indication of the person responsible for implementing the transition plan; this indication wjJI include last name, first name, and middle initial.

c. A recipient or DA component may comply with paragraph 3-2 through the means listed below.

(J) Acquisition or redesign of equipment, such as TDDs or other telephonic devices for the deaf

(2) Relocation of classes or other services to accessible buildings.

(3) Assignment of aides to beneficiaries, such as- {a) Readers.

{b) Certified sign-language interpreters.

(c) Home visits.

(d) Delivery of health, welfare, or other services at accessible alternative sites.

(4) Alterations of existing facilities and construction of new facil ities, under this subsection and paragraph 3-3.

(5) Other methods that make the program or activity accessible to handicapped persons.

d. A recipient or DA component is not required to make struc tural changes in existing facilities when other methods are available to achieve compliance with this section.

e. In choosing among alternatives for meeting the requirements of this section, a recipient or DA component will give priority to methods that offer programs and activities to handicapped persons in the most integrated setting appropriate with non-handicapped persons.

3-3. New construction New facilities and alterations to existing facilities will be designed and constructed to be accessible and usable by handicapped persons.

(See Office of the Chief of Engineers Manual EM 1110-l-103.)

Inquiries about specific accessibility design problems should be ad dressed to the ASA(M&RA) or designee.

3-4. Reasonable accommodation

a. A recipient or DA component will make reasonable accommo dation to the known physical or mental limitations of an Qtherv.'ise qualified handicapped applicant or employee. An exception is if the recipient or DA component demonstrates to the ASA(MRA) or designee that the accommodation would impose an undue hardship on operation of the program.

b. "Reasonable accommodation" includes the following:

(1) Making facilities used by employees readily accessible to and usable by handicapped persons.

(2) Job restructuring.

(3) Part-time or modified work schedules.

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(4) Acquisition or modification of equipment or devices, such as TDDs or other telephonic instruments.

(5) Provision of readers or certified sign-language interpreters.

c. Jn determining whether an accommodation would impose an undue hardship on operation of a recipient's or DA component's program, the ASA(MRA) or designee will consider the following factors, at a minimum:

(1) Overall size of the recipient's or DA component's installation or activity's program or activity; examples are number of employ ees, number and type of facilities, and size of budget.

(2) Size of the recipient's or DA installation or activity's opera tions: ''operation" here will include composition and structure of the recipient's or DA component's installation or activity work force.

(3) Nature and cost of accommodation needed.

d. A recipient or DA component installation or activity may not deny employment opportunity to a qualified handicapped employee or applicant for employment; this is true if the basis for the denial is the need to make reasonable accommodation to physical or mental limitations of the employee or applicant.

Section II Specific Accessibility

3-5. Historic properties

a. ln the case of historic properties, program accessibility will mean that, when viewed in their entirety programs are usable by handicapped persons. (See the glossary for explanation of the term historic property.) Because the primary benefit of historic properties is the experience of the property itself, priority will be given to those methods of achieving program accessibility that make the historic property physically accessible to handicapped persons.

b. Methods of achieving program accessibility to otherwise inac cessible areas or features of historic properties include the following:

( 1) Making physical alterations that give handicapped persons access.

(2) Using audiovisual materials and devices.

(3) Assigning individuals to guide handicapped persons.

(4) Adopting other innovative methods.

c. When program accessibility cannot be achieved without caus ing a substantial impairment of significant historic features, modifi cation or waiver of access standards may be sought from the ASA( M&RA) or designee.

(I) A decision to grant a modification or waiver will be based on consideration of the following:

(a) Scale of the property, reflecting its ability to absorb alterations.

(b) Use of the property, whether primarily for public or private purposes.

(c) Importance of historic features of the property to conducting the program.

(d) Costs of alterations, compared to the increase in accessibility_

(2) The ASA(M&RA) or designee-fa} Periodically will review waivers granted under this paragraph.

(b) May withdraw waivers if technological advances or changes warrant.

d. The decision by the Assistant Secretary of Defense (Manpow

er. Reserve Affairs, and Logistics) (ASD(MRA&L)) or designee to grant a modification or waiver of access standards is subject to section I 06 of the National Historic Preservation Act (PL 89-·-665 ), as amended. Section I 06 reads as follows: "The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to li cense any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license as the case may be, take into account the effect of the undertaking on any district, site, building. structure. or object that is included in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under title Il of this Act a reasonable opportunity to comment with regard to such undertaking."

e. The decision cited in d above will be based on title 36, Code of Federal Regulations, chapter VJII, part 800 (36 CFR 800). When the property is federaiiy owned, or when Federal funds may be used for alterations, the ASA(M&RA) or designee will obtain comments (as cited in sec 106 quoted in d above) under 36 CFR 800 before effecting structural alterations.

3-6. Military museums

a. When military museums are involved, program accessibility will mean that the following are accessible and usable by handi~ capped persons:

(I) Exhibits.

(2) Displays.

(3) Tours.

( 4) Lectures.

(5) Circulating or traveling exhibits.

(6) Other programs.

b. Methods of making museum programs accessible are discussed

.below. Commanders of DA installations and activities are encour~ aged to use "Museum and Handicapped Students: Guidelines for Educators," This is published by the National Air and Space Muse um, Smithsonian Institution, WASH DC 20560: it is available through that address. ·

(I) Deaf and hearing-impaired persons, by- ( a) Training museum staff in sign-language.

{b) Providing qualified sign-language interpreters to accompany deaf or hearing-impaired visitors.

(c) Insuring that clear, concise language is used on all museum signs and display labels.

{d) Providing amplification devices.

(e) Providing printed scripts for films, videotapes, lectures, and tours.

(2) Blind and visually impaired persons, by-

(a) Providing museum catalogs in large-print editions printed over braille.

{b) Providing cassette tapes, records, or discs for museum tours or exhibits.

(c) Providing readers to accompany blind or visually impaired visitors.

(d) Using large-print and braille display cards at exhibits.

(e) Providing raised-line maps of museum buildings.

(/) Using raised-line drawings, reproductions, or models of large exhibits for tactile experiences, when touching of exhibits is prohibited.

(g) Placing large-print and braiHe signs to identify galleries, ele-vators, restrooms, and other service areas.

(h) Pennitting guide dogs in all museum facilities.

(3) Other physically impaired persons, by-

(a) Lowering display cases.

fb) Spacing exhibits to make movement easier.

(c) Using ramps in galleries.

(d) Increasing lighting in exhibit areas, to ease viewing from a distance.

(e) Providing places to sit in exhibit areas.

(/) Making restrooms accessible.

(g) Using large-print exhibit display cards to ease reading from a distance.

(h) Sensitizing museum staff members to consider the needs of handicapped visitors when organizing exhibits.

c. Recipients may not take part in a contractual or other relation~ ship that subjects qualified handicapped applicants or employees to discrimination prohibited by this section. These .include relationships with-

( 1) Employment and referral agencies.

(2) Labor unions.

{3) Organizations prO\'iding or administering fringe benefits to employees of the recipient.

(4) Organizations providing training and. apprenticeship programs.

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16CRDPBSARNT-0005 Attachment C-11 - USACE Lease with IDNR for HCR 52

d. Recipients will make reasonable accommodation to the known physical or meta[ !imitations of an otherwise qualified handicapped applicant or employee; an exception is if the recipient can demon~ strate that the accommodation would impose an undue hardship on the operation of the program. "Reasonable accommodation" here includes, but is not limited to. providing-

(!) Ramps.

(2) Accessible restrooms and drinking fountains.

(3) Interpreters for deaf employees.

(4) Readers for blind employees.

(5) Amplified telephones.

(6) TDDs such as teletypewriters (TTYs) or telephone writers.

(7) Tactile signs on elevators.

e. Recipients- (]) May not use employment tests or criteria that discriminate against handicapped persons.

(2) Will insure that employment tests are adapted for use by persons who have handicaps that impair senso-ry, manual, or speak ing skills.

(3) May not conduct a preemployment medical examination or make a preemployment inquiry about-

(a) Whether an applicant is a handicapped person.

{b) The nature or severity of a handicap.

(4) May make, however, a preemployment inquiry into an appli cant's ability to perfonn job-related functions.

f Recipients may invite applicants for employment to indicate whether and to what extent they are handicapped, when the recipient is taking-

(1) Remedial action to correct affects of past discrimination.

(2) Voluntary action to overcome affects of conditions that have resulted iri limited participation by handicapped persons.

g. Material inf above pertains only if the recipient makes clear to the applicants that- ( I) The information is intended for use solely in connection with the recipient's-

(a) Remedial action obligations.

(b) Voluntary affinnative action efforts.

(2) The information-

fa) Js being requested on a voluntary basis.

{b) Will be kept confidential (as provided in i below).

(c) Will not subject the applicants to any adverse treatment, if refused.

(d) Will be used only under this regulation.

h. Nothing in this section will prohibit a recipient from con ditioning an offer of employment on the results of a medical exami nation conducted before the employee's entrance on duty, if-

( I) All entering employees are subjected to such an examination, regardless of handicap.

(2) The results of such an examination are used only under this regulation.

i, Information obtained under this section concerning medical condition or history of applicants will be collected and maintained on separate forms; these fonns will be collected and maintained on separate forms; these forms will be accorded confidentiality as med· ical records, with the following exceptions:

( J) Supervisors and managers may be informed about- ( a) Restrictions on work or duties of handicapped persons.

{b) Necessary accommodations.

(2) First aid and safety personnel may be informed. when appro priate, if a handicapping condition might require emergency treatment

(3) Government officials investigating compliance with this regu· lation will be provided relevant information on request.

Chapter 4 Complaints and Findings

Section I Complaints

4-1. Introduction

a. The system for processing complaints outlined in this chapter covers complainants, recipients (grantees), and members of the gen eral public. Because of handicaps, these persons are precluded from taking part in or attending certain programs, or gaining access to federally owned or leased buildings, Anny posts, camps, or stations, because of architectural design or other barriers.

b. Complaints will be received by the Equal Employment Oppor tunity (EEO) officer at the location where the alleged discriminatory incident occurred, if it occurs on a military installation. Complain ants also may choose to file their complaint directly with the ASD(MRA&L). (See para 4-2c.)

c. If a recipient is alleged to have contributed to a discriminatory practice, the complainant may file a written complaint with the EEO officer assigned to the installation or activity funding the program or project. DA components also receive funds for or provide programs or projects for public consumption. Therefore, they are required to display posters or other conspicuous notices to inform attendees or participants of their rights to file complaints of discrimination based on handicap, in connection with programs or projects conducted by

DA.

4-2. Filing a complaint

a. A person who feels that he or she, or any group- or class of persons, has been discriminated against on the basis of handicap can individually or through a representative file a complaint of discrimi -nation within 60 calendar days of the alleged discriminatory inci deTit. The EEO officer will have the authority to reject the complaint if it is not received in the EEO office within 60 days.

b. The complaint must be

(1) Filed in writing.

(2) Signed by the complainant or the complainant's authorized representative.

(3) Submitted to the EEO officer having operating or servicing responsibility at the site or location where the alleged discriminatory incident occurred.

c. Complaints may be filed directly with the ASD(MRA&L) if the-

(1) Incident occurred on an Army post, camp, or station.

(2) Program or project was conducted by DA.

d. A copy of each complaint received by a local servicing EEO officer or designee wil1 be forwarded by the EEO officer to HQDA(SAMR-OEPGR), WASH DC 20310 and ASD(MRA&L EO/SP), WASH DC 203 J 0 within I 0 calendar days after receipt.

This reporting requirement has been assigned OMB No. 0704-0162.

e. The complaint must indicate how and by whom the. complain ant was discriminated against. The case will be closed after 30 days if the ·complainant does .not provide the information listed below.

{ 1) When the discriminatory incident occurred.

(2) Name, address, telephone number, and other pertinent data about the complainant.

(3) Full description of what actually transpired.

{4) Specific request to have the incident investiga1ed.

{5) What the complainant views as proper corrective action to alleviate future occurrences.

4-3. Investigating a complaint

a. Thirty calendar days will be allowed for investigation by any of the following:

(I) The local servicing EEO officer.

(2) The person designated by the local servicing EEO officer to conduct the investigation.

(3) The individual designated at the ASD(MRA&L) Je,·el.

h. Investigations by recipients ·will be conducted under the fol lowing procedures:

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16CRDPBSARNT-0005 Attachment C-11 - USACE Lease with IDNR for HCR 53

( 1) Commander of a DA installation or activity may require or permit recipients to investigate complaints alleging violation of this regulation by-

(aJ Insuring that the recipient investigates the complaints under standards, procedures, and requirements prescribed by this regulation.

(b) Requiring the recipient to submit a written report of each complaint and investigation to the DA installation or activity.

{c) Retaining a review responsibility over the investigation and disposition of each complaint.

(d) Ensuring that each complaint investigation is completed within 180 calendar days of receipt of the complaint by the proper DA installation or activity; an exception is an extension of time granted for good cause by the ASA(M&RA) or designee.

(e) Requiring the recipient to maintain a log of all complaints filed against the recipient.

(2) DA instal1ations or activities that require or pennit complaint investigations to be conducted by recipients will review recipient complaint investigations under this regulation.

c. A case file will be-

(1) Established for· each complaint filed.

(2) Kept by the EEO officer for 3 years.

d. The complaint will be acknowledged within 10 calendar days of receipt by the EEO officer. Should the EEO officer detennine that a complaint will be investigated, the following will be for~ warded to the person designated to conducting the investigation (if other than the EEO officer):

(1) Copy of the letter of acknowledgment.

(2) Other relevant infonnation.

e. The local EEO officer or the person designated at the ASD

(MRA&L) level has the ultimate responsibility to assure that the person designated to investigate the alleged discriminatory incident obtains information, documentation, and statements necessary to in~ vestigate the complaint properly and adequately.

f. The investigative process wiiJ be completed within 30 calendar days after acknowledging receipt of complaint. A finding' will be rendered by the commander or designee w:'ithin 10 calendar days after the close of the investigation. The commander or designee can accept, reject, or modify the finding.

g. Withdrawal of complaint should be accepted only when the letter of withdrawal contains clear information suggesting that the complainant made the decision to withdraw on his or her own volition, without undue influence from the agency or recipient.

4-4. Information requirements

a. lnstallation ~EO officers will maintain a log of ail complaints filed with the EEO office. They also will notify (telephonically or by mail) the major Army command (MACOM) EEO office to as~ sure that a simultaneous log is maintained. The log should include- ( 1) Name and address of the complainant.

(2) Recipient's name and address (if applicable).

(3) Basis for the complaint.

(4) Current status.

b. MACOM EEO officers will submit the following reports to

HQDA(SAMR-CPP&EO), Room JE6J5, The Pentagon, WASH DC 20310 by 20 December and 20 June:

( 1) A narrative summary report on complaints. This reporting requirement has been assigned RCS DD-M(SA) 1596.

(2) An Estimating Cost Report (DOD! 5000.22).

Section II Findings

4-5. Written notification of findings

a. The complainant will receive written notification outlining the finding from the installation commander or the EEO officer within 14 calendar days after the 30th day or close of investigation, which~ ever comes first.

b. This notification must indicate whether Or not discrimination or other violation occurred. If no discrimination is found, the com plainant will be-

(1) Notified in writing.

(2) Infonned of avenues of redress.

4-6. Finding of alleged discrimination or noncompliance

a. With a finding of discrimination, the EEO officer will recom mend corrective action to the installation commander concerned or to the recipient.

b. When the investigation reveals that discrimination or a viola tion of this regulation has occurred, the EEO officer will issue a written notification outlining-

(1) The violation.

(2) Recommended corrective action.

{3) Suspense date for completion of corrective action.

c. Written notification and recommended corrective action will be forwarded to the commander or recipient (if applicable) within 14 calendar days after completion of the investigation; copies will be sent to HQDA (SAMR-OEPGR), WASH DC 20310 and the complainant. Also, each DA installation or activity commander will submit a narrative report by memorandum to the ASD(MRA&L) or designee when the DA installation or activity commander notifies an applicant or recipient that noncompliance with this regulation is indicated. The report, which has been assigned RCS DD-M(AR) 1597, will include the following information:

( J) Recipient's name (last name, first, and middle initial), if this refers to a person.

(2) Address (street address, city, state, and ZIP Code).

(3) The date (year, month, day).

(4) Nature of the finding.

(5) Name of the applicable federally assisted program or activity.

4-7. Finding of no discrimination l f the investigation reveals no discrimination or violation of this regulation, written notification will be forwarded within I 4 calendar daYs after completion of the investigation to the following:

a. Installation commander. ·

b. Recipient.

c. Complainant.

d. HQDA(SAMR-OEPGR), WASH DC 20310.

4--8. Appeal of finding

a. lf a complainant is dissatisfied with a local finding, he or she may appeal to HQDA(SAMR-OEPGR), WASH DC 20310 within 30 calendar days of receipt of the written notification that-

( I) Sets forth the finding.

(2) lnfonns the complainant of the right to further appeal.

b. The appeal to HQDA is- ( 1) Automatic, if the complainant is dissatisfied with the local finding.

(2) Not constrained by any criteria other than time.

c. If the complainant is further dissatisfied with the HQDA deci sion, he Or she may appeal to the ASD(MRA&L) (ATTN: Office, Deputy Assistant Secretary of Defense (EO!SP)), Room 3£31"4, The Pentagon, WASH DC 20310. An appeal to ASD(MRA&L) must be based on one of the following three reasons:

(J) New and material evidence is available that was not readily available when the previous decision was issued.

(2) The previous decision involves-

to) An erroneous interpretation of law or regulation.

rbJ A misapplication of established policy.

(3) The previous decision is of- ( a) A precedential nature invoh·ing new or unreviewed policy considerations…