The U.S. Department of Agriculture's Forest Service, through a notice published in the Federal Register on May 5, 2026, has initiated a public comment period regarding the extension of a key information collection instrument: the Equal Opportunity Program Delivery Compliance Review Tool. This action, taken under the auspices of the Paperwork Reduction Act of 1995, signals the agency's continued commitment to upholding federal civil rights statutes and executive orders that mandate equal opportunity and nondiscrimination in all its programs and services, particularly for entities receiving federal financial assistance.
Mandate for Equal Opportunity
Federal law unequivocally prohibits discrimination by federal agencies and by any entity receiving federal financial assistance. This prohibition is rooted in several landmark legislative acts including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. Additionally, various executive orders reinforce the principles of equal opportunity, nondiscrimination, and meritocracy in public service delivery. Federal Financial Assistance encompasses a broad spectrum of support, from grants and cooperative agreements to the loan of federal personnel or property at below market value. The Forest Service's compliance review tool is designed to ensure that recipients of such assistance understand and adhere to their responsibilities under these statutes.
The Compliance Review Mechanism
To fulfill its oversight obligations, the Forest Service employs a structured compliance review process. Central to this process is the FS-1700-6A, the Equal Opportunity Compliance Review Record. This form is utilized by Forest Service employees during both pre-award and post-award phases of federal financial assistance. Pre-award interviews are conducted before the finalization of agreements such as cooperative agreements, domestic grants, or commercial special use permits, ensuring potential recipients acknowledge and understand their nondiscrimination obligations. Post-award reviews occur periodically, typically every five or ten years as stipulated in the Forest Service Handbook (FSH) 1709.11, Chapter 70, or immediately upon the report or discovery of any discriminatory practices.
The information collected via FS-1700-6A documents shared nondiscrimination obligations and the actions taken by recipients to ensure public access to services without discrimination or barriers. Optional forms, B and C, serve to educate recipients' employees on their customer service roles and to inform the public of their rights concerning nondiscrimination, respectively. These interviews, conducted face-to-face or via telephone, are critical for continuous monitoring. While general statistical data is summarized for annual reports to the Department of Health and Human Services and the Department of Justice, specific discrimination complaints trigger direct reporting to the USDA Office of the Assistant Secretary for Civil Rights.
Importance and Public Input
Monitoring for compliance with equal opportunity provisions has been a federal responsibility since 1964, reinforced by regulations such as 28 Code of Federal Regulations 42.401-415 and 7 Code of Federal Regulation 15.5. The Forest Service underscores that without the ability to monitor recipients of federal financial assistance, it would be unable to ensure adherence to civil rights laws and executive orders. This absence would leave the American public vulnerable to discriminatory practices and decisions not based on merit. The affected public includes not only the recipients of federal financial assistance but also the American taxpayer and the broader public served by these programs.
Members of the public, including individuals and organizations, are invited to submit comments on this proposed extension. The Forest Service specifically seeks input on the necessity and utility of the information collection, the accuracy of the agency's burden estimates, and potential improvements to the quality, clarity, and efficiency of the collection process. The estimated annual burden on respondents is 2,394 hours, distributed among an estimated 3,294 respondents who would each respond approximately four times per year, with each response taking about one hour. Comments must be received by July 6, 2026, and can be sent to the Civil Rights office of the Forest Service or via email. All comments, unless confidential information is explicitly excluded, will be made publicly available, ensuring transparency in this regulatory process.
