(i) A statement, if appropriate, indicating why the NFIP criteria are demonstrably inappropriate for the proposed action (for instance, marinas, piers, docks, etc. must be at the water level);

(ii) A provision for publication in the FEDERAL REGISTER or other appropriate vehicle;

(iii) A provision for a brief comment period prior to agency action (15 to 30 days);

(iv) A description of how the activity will be designed or modified to minimize harm to or within the Floodplain.

(v) A statement indicating how the action affects natural or beneficial Floodplain values;

(vi) A statement listing other involved agencies and individuals.

(3) Step 7.A. The Administrator must develop procedures to provide for similar notice and explanation of why a proposed action is to be located in a Floodplain.

(4) Step 7.B. Actions Subject to NEPA. For actions subject to NEPA which take place in the Base Floodplain, the public review requirements discussed above should include the nine items listed in the introduction to this step. Section 2(a)(4) of the Order requires the same public notice procedures for Federal actions in the Floodplain even though impacts are not significant enough to require the preparation of any environmental impact statement (EIS) under section 102(2)(C) of NEPA (Pub. L. 91-190). Under NEPA procedures, a final EIS is circulated for public and interagency review and comment. A minimum of 30 days is required to allow a review and to receive responses from the public and governmental agencies. These comments must then be considered. The findings must be made in conjunction with a final SBA decision, and the formal statement of findings required by the Order must be issued prior to initiating the proposed action. A final EIS should explain, if appropriate, why the responsible official has recommended or why SBA might support an action located in a Floodplain.

(5) Step 7.C. All Actions Located in the Base Floodplain. A statement of findings (including the explanatory in

formation discussed in 7.A.) must be issued by the Administrator in compliance with section 2(a)(2) of the Order. This applies to all proposed actions located within or impacting on the Floodplain, including proposed actions whose impacts are not significant enough or are not otherwise required to complete and EIS.

(i) Step 8-Implement Action. With the conslusion of the decisionmaking process described in Steps 1-7, the proposed action can be implemented. However, there is a continuing responsibility for insuring that the action is carried out in compliance with the Order.

Subpart E-Coastal Barrier Resources

Act

AUTHORITY: 16 U.S.C. 3501 et seq. and (15 U.S.C. 634(b)(6)).

§ 116.40 Purpose and scope.

This subpart describes the application of the Coastal Barrier Resources Act of 1982 (Act), the SBA financial assistance programs. The Act prohibits direct or indirect Federal financial assistance under authority of any Federal law within the Coastal Barrier Resources System, including, but not limited to the construction or purchase of any structure, appurtenance, facility or related infrastructure as well as the construction or purchase of any road, airport, boat landing facility, or other facility on, or bridge or causeway to, or erosion prevention of, any system unit. The following programs are subject to the legislation: all financial assistance under subsections 7 (a) and (b) of the Small Business Act, and titles III, IV, and V of the Small Business Investment Act, as amended, including lease, surety bond and pollution control guarantees, small business investment companies, and development companies.

[50 FR 14211, Apr. 11, 1985]

§ 116.41 Definition of Coastal Barrier Resources System.

Coastal Barrier Resources System means those undeveloped coastal barriers located on the Atlantic and Gulf coasts of the United States and along

the shore areas of the Great Lakes (Lakes Ontario, Erie, Huron, St. Clair, Michigan, and Superior to the extent that those lakes are subject to the jurisdiction of the United States) that are identified and generally depicted on maps entitled "Coastal Barrier Re

sources System," enacted by Congress, and on file and available for public inspection in the Office of the Director of the United States Fish and Wildlife Service, Department of the Interior.

[50 FR 14211, Apr. 11, 1985, as amended at 55 FR 2049, Jan. 22, 1990]

Varies from State to State.

§ 117.1 Purpose.

The purpose of this part is to effectuate the provisions of The Age Discrimination Act of 1975, as amended (hereinafter referred to as the Act), to the end that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under programs receiving financial assistance or any financial activities of the Small Business Administration to which this Act applies. The Act also permits recipients of Federal funds to continue to use certain age distinctions and other factors other than age which meet the requirements of the Act and these regulations in the conduct of programs and the provision of services to the public.

§ 117.2 Application of this part.

(a) This part applies to all recipients of assistance under programs administered by the Small Business Administration and to programs of financial assistance by the Small Business Administration, whether or not listed in Appendix A.

(b) For the purposes of this part, the prohibition against age discrimination applies to natural persons of all ages.

(c) This part does not apply to the employment practices of any recipients.

§ 117.3

Definitions.

As used in this part:

(a) The term act means the Age Discrimination Act of 1975, as amended (Title III of Pub. L. 94-135).

(b) The term action means any act, activity, policy, rule, standard, or method of administration; or the use of any policy, rule, standard, or method of administration.

(c) The term age means how old a person is, or the number of years from the date of a person's birth.

(d) The term age distinction means any action using age or an age-related term.

(e) The term age-related means a word or words which necessarily imply a particular age or range of ages (for example, children, adult, older persons, but not student).

(f) The term agency means a Federal department or agency that is empowered to extend financial assistance.

(g) The term applicant means one who applies for Federal financial assistance.

(h) The term Federal financial assistance includes: (1) Grants and loans of Federal funds; (2) the grant or donation of Federal property and interests in property; (3) the detail of Federal personnel; (4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration, or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient; and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(i) The term normal operation means the operation of a business or activity without significant changes that would impair its ability to meet its objectives.

(j) The term recipient means one who receives any Federal financial assistance under any program administered by the Small Business Adminis

tration. (See Appendix A.) The term recipient also shall be deemed to include subrecipients of SBA financial assistance.

(k) The term SBA means the Small Business Administration.

(1) The term subrecipient means any business concern that receives Federal financial assistance from the primary recipient of such financial assistance. A subrecipient is generally regarded as a recipient of Federal financial assistance and has all the duties of a recipient in these regulations.

(m) The term statutory objective means the purposes of the legislation as stated in an act, statute or ordinance or can be shown in the legislative history of any Federal statute, State statute, or local statute or ordinance adopted by an elected, general purpose legislative body.

§ 117.4 Discrimination prohibited and exceptions.

(a) General. To the extent that this part applies, no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any business or activity receiving Federal financial assistance.

(b) Specific discriminatory actions prohibited. To the extent that this part applies, a recipient business or other activity may not, directly or through contractual arrangements, on the ground of age:

(1) Deny an individual any services, financial aid or other benefit provided by the business or other activity, except where sanctioned by one of the exceptions stated in § 117.4 (d), (e) or (f) of this section.

(2) Provide any service, financial aid or other benefit, except as sanctioned by one of the exceptions stated below, in such a way as to deny or limit persons in their efforts to participate in federally-assisted programs;

(3) Treat an individual differently from others, except as sanctioned by an exception stated below, in determining whether the person satisfied any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet