Draft Interpretive Plan Join the adventure! - Captain John Smith ...

Enforcement of Nondiscrimination on the Basis of Handicap in Department of
Interior Programs (43 CFR 17.501-17.570)
Uniform Federal Accessibility Standards (SFAS)
Americans with Disabilities Act Accessibility Guidelines (ADAAG)
Section 504 of the Rehabilitation Act of 1973 provides for access to all programs,
structural and non-structural. Non-structural programs relate to the provision of policies,
procedures, and effective communication for program participants and employees with
disabilities. Access must be provided to all existing programs, structural and nonstructural,
unless it can be determined that it would be a direct threat, would alter the
fundamental nature of the program or be an undue burden (significant difficulty or
expense based on the resources of the entity). If one of these exceptions is demonstrated,
the Agency must provide an alternative, effective method of access.
The Americans with Disabilities Act of 1990 (ADA) protects Americans with physical or
mental impairments (or a record of impairments) that substantially limit daily activities,
including: working, walking, talking, seeing, hearing, or caring for oneself.. The Act has
the following five titles:
Title I – Employment;
Title II - Public Services (state and local government);
Title III - Public Accommodations and Services Operated by Private Entities;
Title IV – Telecommunications;
Title V - Miscellaneous Provisions.
The following notations highlight some of the ADA requirements related to public
services and accommodations:
Title II of the ADA requires that services and programs of local and State governments,
as well as other non-Federal government agencies, shall operate their programs so that
when viewed in their entirety, they are readily accessible to and usable by individuals
with disabilities. Title II entities must make their programs accessible to individuals who
are unable to use an inaccessible existing facility; must provide auxiliary aids to ensure
that communications with individuals with hearing, vision, or speech impairments are as
effective as communications with others (unless an undue burden or fundamental
alteration would result); and may impose safety requirements that are necessary for the
safe operation of a program if they are based on actual risks (and not on mere
speculation, stereotypes, or generalizations about individuals with disabilities).
Title III of the ADA requires that in providing goods and services, a privately-owned
public accommodation may not use eligibility requirements that exclude or segregate
individuals with disabilities, unless the requirements are necessary for the operation of
the public accommodation. It also requires public accommodations to make reasonable
modifications to policies, practices, and procedures, unless those modifications would
fundamentally alter the nature of services provided by the public accommodation. Title
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