The Bureau of Reclamation (Reclamation) is involved with many programs and activities that serve the public. Many of the programs are provided directly by Reclamation to beneficiaries, while other programs are provided to beneficiaries by other parties, such as state or local government or private parties with financial or non-financial support from Reclamation. Those programs provided directly by Reclamation are Federally Conducted, while those programs receiving Reclamation support and operated by partners are Federally Assisted.
Reclamation's civil rights program seeks to provide the highest level of access and integration possible for all people in diverse programs, activities, and services offered by and through Reclamation. Currently, the Civil Rights Division (CRD) is responsible for assuring compliance with laws, regulations, and directives governing Executive Order 12250 including federally assisted programs and federally conducted programs administered by Reclamation.
The External Compliance activities of the Public Civil Rights (PCR) Team include:
- Policy Development
- Civil Rights Enforcement
- Technical Assistance & Guidance
- Outreach and Training
- Administrative/CRD Initiated Projects
- Customer Service
Reclamation is responsible for ensuring nondiscrimination in Reclamation's programs and activities and those receiving Federal assistance from Reclamation, as well as complaint investigations of ADA, Title II discrimination allegations regardless of Federal Assistance.
Who is Protected?
Consistent with its mission of managing water and water-related resources, Reclamation is committed to serving diverse populations through its Federally Conducted and Federally Assisted Programs. In serving the community, it is Reclamation’s responsibility to ensure that all programs, activities, and services within each program are operated in a discrimination free manner. This means that no person will be discriminated against based on their race, color, national origin, age or disability. Additionally, discrimination on the basis of sex is strictly prohibited in any Federally Assisted education program or activity.
What Programs, Activities and Facilities Are Covered?
Federally Conducted Programs are really anything that Reclamation by legislative authority, mission or practice of business conducts. Examples of Federally Conducted programs, activities and services are visitor centers; recreation opportunities like boating, fishing, camping, wildlife viewing, employment opportunities, and public meetings.
Federally Assisted Programs, activities and services are much like the examples provided above, except that they are provided by a non-Federal entity receiving money, valuable services, training, commodities, or use or interest in land. Often State and local governments, and private entities are beneficiaries of Federal Assistance and may provide programs, activities and services on behalf of Reclamation or other Federal agencies.
What are the Regulations?
Individuals benefiting from Federally Assisted Programs are protected by Title VI of the Civil Rights Act of 1964; Title IX of the Education Act Amendments of 1972, as amended; the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975; and the Americans with Disabilities Act of 1990, 43 Code of Federal Regulations Part 17 and Executive Order 12898. Beneficiaries of Reclamation’s programs are protected by the Rehabilitation Act of 1973, as amended; 43 Code of Federal Regulations Part 17, and Executive Order 12898.
How is Compliance Determined?
To ensure nondiscrimination, Reclamation assesses its own programs to validate compliance with the laws above and has a process in place for investigating complaints of discrimination for employees and the public. Additionally, partners receiving support commit to nondiscrimination practices upon receiving benefit from Reclamation. Federally Assisted partners will undergo pre-award and post-award reviews to ensure compliance in their operations. Where deficiencies are found, plans for correction are established and executed.
Delegated Authority for Specific Civil Rights Statutes
Reclamation's responsibility delegated by Departmental Manual 205 DM 17 (PDF 13KB) addresses the responsibility for Federal civil rights matters under specific civil rights statutes. As a result of the DOI delegation, Reclamation has compliance and investigative responsibilities specific to the following civil rights bases:
- Title VI of the Civil Rights Act of 1964, as amended (42 USC 200d to 2000d-4)
- Title IX of the Education Amendments Act of 1972, as amended (20 USC 1681 to 1688)
- Sections 501, 504 and 508 of the Rehabilitation Act of 1973 (PDF 141KB), as amended (29 USC 794)
- Section 309 of the Age Discrimination Act of 1975 (42 USC 6101 et seq.)
- Civil Rights Restoration Act of 1987 (PL 100-259, 102 Stat 28)
- Title II of the Americans with Disabilities Act of 1990 (PDF 71KB) (42 USC 12131)
- Executive Orders 12250, 12898, 13160, and 13166
- Department of the Interior Regulation 43 CFR Part 17
- Department of Justice Regulation 28 CFR 35.190
- I SPEAK Language Identification Guide from DOJ
- Language Identification Flashcard (PDF 575KB)
- Reclamation Nondiscrimination Poster (PDF 64KB) in English and Spanish
Below are Fact Sheets for various statutes which are handled by the PCR Team. Some of the documents are more than one page, you may wish to print doubled sided.
February 3, 2010 1:38 PM