**TITLE VI -- PROGRAM DELIVERY**

# CIVIL RIGHTS MANAGEMENT

1.  **CIVIL RIGHTS RESPONSIBILITIES AND RECORDS**

## Requirements

**Executive Order 12250 and the Department of Agriculture's regulation
(7CFR Part 15) require agencies to develop plans, procedures, and
directives necessary to manage its Civil Rights program. Department
Regulations 4330-1 requires that program delivery and equal opportunity
files be maintained. NRCS offices are required to manage their Civil
Rights activities through the following:**

-   **Handbooks**

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-   **Reports**

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-   **Notices**

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-   **Correspondence**

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-   **The National Civil Rights Implementation Plan**

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-   **The State Civil Rights Implementation Plan**

**NOTE:** Examine the status on whether Civil Rights files have been
established and updated to include NRCS Civil Rights Management
directives, policies, bulletins, memos, complaints, etc.

**Questions:**

What Civil Rights responsibilities are in staff job description?

Do you comply with the USDA policy of not assisting and/or attending
meetings of organizations or groups that exclude minorities, women, and
persons with disabilities from membership or participation?

Yes. . No. .

2.  **Training**

**Requirements**

**The Departmental Regulation 4330-1 and NRCS GM 230 Part 405 provides
directions on the responsibilities for providing training on Civil
Rights laws and regulations to all staff members**

**Questions:**

-   Have new employees hired in the past 12 months received training in

a)  Civil Rights Compliance in Program Delivery Yes. No. .

b)  Equal Employment Opportunity Yes. No. .

c)  Prevention of Sexual Harassment Yes. No. .

d)  EEO Counseling, Mediation, and Complaints Yes. No. .

e)  Special Emphasis/Disability Employment Program Yes. No. .

f)  Civil Rights Advisory Committee Responsibilities Yes. No. .

-   Does your state have a formal mentor program? Yes. No. .

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-   Are staff aware of the Employee Assistance Program (EAP)?Yes. No. .

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-   Have you received any training in the prevention of sexual
    harassment within the past three years? Yes. No. .

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-   Does all staff have an Individual Development Plan (IDP)? Yes. No. .

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-   How do you document staff and district employee training?

3.  **PUBLIC NOTIFICATION**

## Requirements

**The Department of Justice's regulation (28 CFR 42.405), the Department
of Agriculture's regulation (7 CFR 15.5), Departmental Regulation
4300-3, and the NRCS GM 230 Part 405 requires offices to inform and
provide guidance about changes in the EO policy and NRCS programs and
activities. Examples of how public notification is provided include:**

-   **publications fact sheets posters**

-   **news releases videos personal contacts**

-   **meetings electronic media news letters**

**Questions:**

-   How do you inform potential and non-traditional program
    beneficiaries *(particularly minorities, females, and persons who
    are physically challenged*) about NRCS programs and
    activities[?]{.underline}

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-   Do you prepare news articles? Yes. No. Comments:

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-   Does the district publish a district newsletter? Yes. No. Comments:

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-   Do you and your staff hold and participate in public meetings
    discussing USDA programs?

> Yes. No. Comments:

-   Does your staff work with communities through grassroots
    organizations? Yes. No[.]{.underline} Comments:

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-   Are you using the nondiscrimination statement when you disseminate
    program information?

> Yes. No. Comments[:]{.underline}

-   Where is the \"And Justice for All" poster displayed? And is it
    visible to customers that receive service from your field office?
    Yes. No. .

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-   Do you work with any media outlets whose target audience is females,
    minorities, or specially challenged people? Yes. No. Comments:

4.  **OUTREACH**

**Requirements**

**The Department of Agriculture regulation (7CFR 15.5), Department
Regulation 4300-3, and the NRCS GM 230 Part 405 requires the
establishment of outreach programs at the local level to ensure that all
persons, especially those who previously may not have participated
fully, know about the availability of, and how to use NRCS program
services effectively and are encouraged to participate.**

Examples of how notification is provided include

-   publications fact sheets posters

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-   news releases videos personal contacts

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-   meetings electronic media news letters

**NOTE:** Ask to see a copy of the outreach Business Plan?

**Questions:**

-   Please give examples of your outreach activities for minorities,
    women, and physically challenged persons?

5.  **COMPLAINTS OF DISCRIMINATION**

**Requirements**

**The Department of Justice's regulations (28 CFR 42.408), the
Department of Agriculture's regulation (7 CFR 15.6), the NRCS GM 230
Part 405, and the "And Justice for All" poster provides the instructions
for customers filing complaints of discrimination in program and/or
service delivery when they (customers) feel they have been denied
program benefits or services based on any one of the prohibited factors.
These regulations and handbooks should be on file with the poster
displayed in a prominent location, and the Form AD-1126 available for
use.**

**Questions:**

-   Do you and other employees know the difference between a Program
    Delivery complaint (Title VI) and an Equal Employment Opportunity
    complaint (Title VII)?

> Yes. No. Comments

-   Have you discussed the complaint procedures with your staff? Yes.
    No. .

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-   Do employees know how to contact an EEO counselor? Yes. No. .

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-   How many complaints of program discrimination have you received in
    the past two years?

6.  **EVALUATION OF PROGRAM DELIVERY**

**Requirements**

**The Department of Justice's regulations (28 CFR Parts 42.406, 42.407,
and 42.408), the Department of Agriculture's regulation (7 CFR Part
15.5), Departmental Regulation 4330-2, and the NRCS GM 230 Part 405,
requires that monitoring and evaluation of programs in order to ensure
that they are administered in a nondiscriminatory manner.**

**The Department of Agriculture's regulation (7 CFR Part 15.5), the
Departmental Regulation 4330-2, and the NRCS GM 230 Part 405, also
requires the collection and evaluation of RSNO participation and
eligibility data for programs.**

**This data is necessary to determine both quantitatively and
qualitatively how effectively Agency programs are reaching all potential
beneficiaries and to provide input for management analysis.**

**Questions:**

-   How does your field office determine potential eligible program
    beneficiaries?

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-   Has the field office established a potential eligible data file? Yes
    No .

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-   Do you have a list of potentially eligible program participants by
    Race, Sex, National Origin and Persons with Disabilities? Yes .No

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-   Does the data collected reflect parity in program participation? Yes
    .No .

Please provide the following information for the last three years by
Race, Sex, National Origin and Disability (RSNOD):

-   The diversity of your Conservation District Board.

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-   The diversity of your RC&D council.

### The diversity of the locally led work group. 

**Please provide the number of landusers receiving USDA program payments
last fiscal year for installing conservation practices and participating
in any of the following programs.**

-   CTA

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-   EQIP

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-   WRP

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-   WHIP

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-   CRP

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-   EWP

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-   FPP

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-   FIP

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-   RC&D

7.  **PARTNERSHIP RESPONSIBILITY**

**Requirements**

**The Department of Agriculture's regulation (7 CFR, Part 15.5),
Departmental Regulation 4330-2, and the NRCS GM 230 Part 405 set forth
the recipients responsibility in program delivery.**

**Questions:**

### How does the District Board inform the public about the appointments and election process? 

-   Does the current board's diversity reflect the districts diversity?
    Yes .No .

-   How have you encouraged the board to recruit and/or appoint
    minorities, females, or persons with disabilities to serve on the
    board?

-   Do you know how to access a copy of the county's demographics? Yes
    .No .

**8. ACCESS TO ALL NRCS FACILITIES BY PERSONS WITH DISABILITIES**

## Requirements

**Section 504 of the Rehabilitation Act of 1973 (*as amended, 7 CFR,
part 15b.4*) requires all offices to be accessible to disabled
persons.**

## Questions

### Have you observed efforts to increase the employment of persons with disabilities at NRCS?

Yes. No. . Comments:

-   Do you believe your workspace accommodates persons with disabilities
    such as wheel chair bound, hearing impaired, visually impaired? Yes.
    No. . Comments:

-   How confident are you that NRCS would make reasonable accommodations
    for you if you developed a disability? Very Confident. Not
    Confident. . Comments:

Checklist:

## Entrances

a)  Are ramps or lowered curbs provided from the street, sidewalk, or
    parking area?

> Yes. No. . Comments:

b)  Are wheelchair entrances provided from the street, sidewalks, and
    parking area to every reasonable subdivision of space where a
    physically challenged person may visit or work?

> Yes. No. . Comments:

c)  Are entrances used by a customer in a wheelchair wide enough for the
    person to enter and maneuver comfortably in the office?

> Yes. No. . Comments:

d)  Is there at least one main entrance? Yes. No. . Comments:

e)  Are door handles operated by a single effort? (I.e., lever-operated
    or push type mechanism.) Yes. No. . Comments:

f)  Are any doors operated electronically? Yes. No. . Comments:

g)  Are the door handles easy to push/pull? Yes. No. . Comments:

## Parking

a)  Are parking spaces clearly designated for use by the physically
    challenged and are these spaces closest to your building? Yes. No. .
    Comments:

b)  Are the spaces at least 8-feet wide with a 5-foot access aisle to
    sidewalks and ramps?

> Yes. No. . Comments:

c)  Are the designated spaces designed to ensure that physically
    challenged individuals do not have to wheel or walk behind cars?
    Yes. No. . Comments:

-   **Curb Ramps**

a)  Are curb ramps provided where an accessible route crosses a curb?

> Yes. No. N/A. .Comments:

b)  Is the minimum width of a curb ramp 36 inches, exclusive of flared
    sides?

> Yes. No. N/A. .Comments:

c)  Are flared sides provided if a curb ramp is not protected by
    handrails or guard rails?

> Yes. No. N/A. .Comments:

d)  Are built up curb ramps located so that they do not project into
    vehicle traffic lanes?

> Yes. No. N/A. .Comments:

-   **Water Fountains**

a)  Are water fountains accessible to and usable by the physically
    challenged?

> Yes. No. . Comments:

b)  Do they have an up-front spout and control switch is located no
    higher than 36 inches above the floor? Yes. No. . Comments:

-   **Restrooms**

a)  Do public toilet rooms have accessible fixtures, accessories, doors
    and adequate maneuvering clearances for the physically challenged?

> Yes. No. . Comments:

b)  Do the doors swing away from the floor space required by any
    fixture?

> Yes. No. . Comments:

c)  Are flush controls hand-operated or automatic and mounted no more
    than 44 inches above the floor? Yes. No. . Comments:

d)  Are urinals stall-type or wall hung with an elongated rim at the
    maximum of 17 inches above the floor? Yes. No. . Comments:

e)  Are sinks mounted with the counter or rim no higher than 34 inches
    above the floor?

> Yes. No. . Comments:

f)  Is knee clearance at least 27 inches high, 30 inches wide, and 19
    inches deep provided underneath sinks? Yes. No. . Comments:

g)  Is each sink a maximum of 6.5 inches deep? Yes. No. . Comments:

h)  Is faucet mechanism a lever-operated, push-type or electronically
    controlled?

> Yes. No. . Comments:

-   **Switches**

a)  Are switches and controls for lights, heat, fire alarms, and similar
    controls of frequent or essential use placed no higher than 54
    inches above the floor?

> Yes. No. . Comments:

b)  Are switches located on columns or walls by the door openings?

> Yes. No. . Comments:

-   **Interior Doors and Offices**

a)  Are doors at least 36 inches with the minimum openings of 32 inches
    and of sturdy construction? Yes. No. . Comments:

b)  Are doors operated by a single effort? Yes. No. . Comments:

c)  Do handles, pulls, latches, locks, and other operating devices on
    accessible doors have a shape that is easy to grasp with one hand
    and does not require light grasping, tight pinching, or wrist
    twisting to operate? Yes. No. . Comments:

#### TITLE VII -- EQUAL EMPLOYMENT OPPORTUNITY PROGRAM

#### EQUAL EMPLOYMENT OPPORTUNITY MANAGEMENT

1.  **WORKFORCE ANALYSIS**

**Requirements**

**Executive Order 11478 and 29 CFR 1614 requires that the head of each
agency exercise personal leadership by establishing, maintaining, and
carrying out plans, procedures, and directives necessary to manage an
effective EEO program that promotes equality in employment, development,
advancement, and treatment of employees. NRCS offices are required to
manage their EO activities through the following:**

-   Handbooks

-   Directives

-   Reports

-   Notices

-   Correspondence

-   The National Civil Rights Implementation Plan

-   The State Civil Rights Implementation Plan

Questions:

### What kind of EEO discussions do you have with your staff members? 

-   How are employees informed about vacancy announcements?

2.  **EMPLOYEE AWARENESS**

**Requirements**

**The equal Employment Opportunity Commission regulation (29 CFR
1614.102(a)(13) and (b)(3)) hold Agencies responsible for communicating
Equal Employment Opportunity policies, programs, and employment needs to
all employees through the following.**

### NRCS Civil Rights Policy Statement

-   USDA Civil Rights Mission Statement

-   Sexual Harassment Policy Statement

-   Pamphlets

-   Posters

Questions:

-   Is the NRCS sexual harassment poster displayed so that staff members
    and customers may easily see it? Yes. No. . Comments:

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-   Is the EEO Counselor information posted in the office where it is
    easily accessible by employees? Yes. No. . Comments:

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-   How often do you discuss the following with your staff members?

a)  EEO policy

b)  Prevention of Sexual Harassment

c)  Civil Rights policy relative to employment

-   How often do you discuss the following with your district board
    members?

a)  EEO policy

b)  Prevention of Sexual Harassment

c)  Civil Rights policy relative to employment

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3.  **AWARDS AND RECOGNITION**

**Requirements**

-   **Equal Employment Opportunity Commission regulations, 29 CFR
    1614.102(a)(5)(10)(13), requires Agencies to:**

-   **Review, evaluate, and control managerial and supervisory
    performance in such a manner to ensure a continuing affirmative
    application and vigorous enforcement of the policy of equal
    opportunity,**

-   **Provide orientation, training, and advice to managers/supervisors
    to assure their understanding and implementation of EEO policies and
    programs,**

-   **Provide recognition to employees, supervisors, managers, and units
    demonstrating superior accomplishments in EEO, and**

-   **Inform its employees and recognized employee organizations of the
    Affirmative EEO policy and program and enlist their cooperation.**

**Questions:**

-   Have you received an award or recognition for outstanding
    achievements in EEO or CR activities? Yes .No . Comments:

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-   Have you recognized an employee or nominated any one for outstanding
    achievements in EEO or CR activities? Yes .No . Comments:

4.  **CIVIL RIGHTS ADVISORY COMMITTEE**

**Requirements**

**The NRCS GM 230 Part 403 and 404 of the handbook requires the
establishment of Equal Opportunity Advisory Committees and Special
Emphasis Program Managers to assist and enhance opportunities for
designated groups that may include but not limited to under
representation in recruitment, employment, and /or personal advancement
and development.**

**Opportunities include *(but not limited to):***

## Recruitment

a)  **Employment**

b)  **Personal development advancement**

Questions:

-   Do you know what special emphasis programs are administered in the
    state? Yes No . Comments:

## Do you see SEP information from program managers in the state? Yes No . Comments: 

### How are you notified about special emphasis program activities? Comments: [.]{.underline} 

-   What does your office do to promote SEP activities? Comments: