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CRS83557EPWpage09
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CRS83557EPWpage09
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of the Civil Rights Act of 1964 (prohibiting discrimination on the basis of race, color or national origin in federally-financed programs), or a voluntary effort to desegregate. CONSOLIDATION OF ESAA 0 Under provisions of chapter 2 of the Education Consolidation and Improve- ment Act (ECIA) of 1981 (title V, subtitle D of the Omnibus Budget Reconcilia- - tion Act of l98l, P.L. 97-35), the authorizations
CRS83557EPWpage05
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discretionary authority by the Commissioner of Education). Effective October 1, 1982, ESAA was repealed and its various programs included among the activities that local educational agencies can carry out with funds provided under a new Federal education block grant. This paper provides a brief discus- sion of ESAA and the impact its consolidation with other Eederal education programs in the block grant has
CRS83557EPWpage17
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and FY 1982 than in the previous period. Indeed, for 8 of the 13 dis- tricts in the sample with ESAA awards in excess of $1 million, their FY 1981 ESAA funding exceeded their entire chapter 2 allocation for FY 1982. pTable 1, below, is derived from the Jung and Bartell study and shows the following data for each of their sample districts-FY 1981 ESAA funding, FY 1982 chapter 2 funding, percent change
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CRS83557EPWpage22
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CRS85661Apage17
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whites after that); United States v. City of Chicago, 663 F.2d 1354 (7th Cir. 1981) (en banc) (40% minority quota for promotions in Chicago police department reduced to 25% since nondiscriminatory exam yielded 25.8% minority group eligibility roster; original quota was unfair to non-minorities); EEOC v. AT&T Co., 556 F.2d 167 (3d Cir. 1977), cert. denied 433 u.s. 915 (1978) (pro- motion goals
CRS85661Apage06
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and Mail Deliverers' Union, 514 F.2d 767, 772-74 (2d Cir., 1975), EEOC v. American Tel. and Tel. Co., 556 F.2d 167, 177-80 (3d Cir. 1977), or dismiss the debate that "goals" are legal and "quotas" are illegal as7a "semantic dispute." United States v. City of Miami, 614 F.2d l322,.l335 n. 26 (5th Cir. 1980). See, also, Regents of the Univ. of Cal, V. Bakke, 438 U.S. 265
CRS85661Apage12
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. In the Fullilove case, however, the Court upheld a provision in the Public Works Employment Act of 1977 that required State or local governments to use 10% of Federal funds granted for public works contracts to procure services or sup- plies from businesses owned or controlled by statutorily defined minority groups. _The 6 to 3 decision removes any doubts regarding the power of Con- 'gress to mandate
CRS85661Apage25
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it discriminates against women and minorities. Second, and §§/ Janowiak v. City of South Bend, 36 FEP Cases 737 (7th Cir. 1984). 2g] 26 FEP Gases 114 (S.D. Ohio 1980). §§/ Cooper & Sobel, "Seniority and Testing Under Fair Employment Laws: A General Approach to Objective Criteria of Hiring and Promotion." 82 Harv. L. Rev. 1598, 1601, fn. 2 (1969).
CRS85661Apage38
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CRS-35 to Stotts, it chose to vacate the judgment below and remand for consideration of mootness. By insteads grounding its ruling on a percieved conflict be; tween the decree and both § 703(h), the seniority provision, and the more general remedial limits of § 706(g), Stotts implied that a district court lcannot enter a consent decree that contains make-whole relief unless thel plaintiffs prove actual victim status. Furthermore, although the Court did not repudiate existing circuit court decisions permitting affirmativef action asia remedy in litigated cases, Stotts may have implications'here as well since the majority rationale is not limited by its terms to consent, decree modifications. _lndeed, the consideration on which the Court based its holding 4- the putative conflict between the mandated relief and theri proof requirements of § 706(g) -— may be no less central in the litigation context. POST STOTTS LITIGATION The.courts to rule on the implications of Stotts for the preferential treatment of minorities in layoff situations, or for affirmative action more generally, have not borne.out this dramatic potential, however. For the most part, these courts have found Stotts inapplicable in.a variety of situations, as where seniority considerations were not at issue, or where the departure ._:from_the seniority based layoff procedures favoring minorities had been the subject‘of collective bargaining between the employer and the unions. Another - relevant distinction has been found where, unlike Stotts, the affirmative action plan was voluntarily adopted by the employer and not the product of judicial compulsion. Since virtually all the post—Stott cases have involved public employers, several courts have found constitutional rather than stat~
CRS85661Apage49
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, according to the Commission, each identified discriminatee is entitled to "full remedial, correct-A ive, and preventative relief,’ including backpay and an "unconditional" offer 0 .22! .'I_.<_1.-. 2§/ "Fire Department's Plan Called Invalid," Wash. Post p. Cl, 5 (March 13, 1985). A A 21/ ...I.é.~»
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bar to employment of white males and were less than those endorsed by Weber); Bratton v. City of Detroit, 704 F.2d 878 (6th Cir. 1983) (city promotion plan with goal of 50/50 black-white ratio in lieutenant corps and separate promotion lists approved in view of extremely low black participation on police force). g'£gf ,34,F.E,P, Cases 1065 (2d Cir._l984),
CRS85661Apage27
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with two different forms of seniority. The earliest cases involved the use of departmental seniority, or length of service within a department, by an employer who prior to the 1964 Act had overtly segregated black em- ployees in the lowest paying and least desirable jobs. With the advent of “Title VII the employer would remove these overt restrictions on job assign- ment and transfer and substitute
CRS85661Apage11
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workers in the . . . plant approximates the percentage of blacks in the local labor force. lg] Weber, therefore, permits race conscious affirmative action which may adversely _ affect the interests of white workers when-such measures are necessary to re-" i"dress "manifest racial imbalance in traditionally segregated job categories."_l 1;] 443 u.s. at 208. 15/ 443 u.s, at 208-9.
CRS83635ENRpage14
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the other 30 percent was inundated by water. About 675,000 acres (roughly one-quarter) of the agricultural land annually converted to nonfarm uses was cropland. This is an annual loss of about 0.2 percent of the total U.S. crop- land base according to the NALS. The accuracy of the NALS data on farmland conversion has recently been challenged by several researchers, e.g., Fischel (1982) and Simon
CRS83635ENRpage82
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CRS-71 APPENDIX FIGURE 2. Farm Production Regions Aécording to the Census of Agriculture. J sournsnu PLAINS Souruez NALS 1981, p. 319
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CRS-16 Unfortunately, little is known about how much food and fiber prices must increase to bring various amounts of potential cropland into productionall/ Crosson has concluded that: [t]he prospective increase in land and production costs is cause for concern, but it does not now appear to pose a major threat to the national welfare or to those abroad who count on the United States to supply
CRS83635ENRpage63
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CRS-52 assistance from USDA in determining whether or not a proposed location or site meets the Act's definition of farmland. If farmland is involved, the second section presented the criteria to be used to identify and take into account farmland conversion impacts. Specifically, these criteria utilize the agricul- tural Land Evaluation and Site Assessment (LESA) system recently developed by the Soil Conservation Service (SCS)n3é/ Whenever State or local governments have already performed a LESA evaluation, Federal agencies are permitted to use this evaluation as an “appropriate benchmark" for assuring compatibility with state or local farmland retention policies. Finally, the third and fourth sections of the draft regulations specified the technical assistance that USDA would provide and the process by which Federal agencies can get assistance from USDA in reviewing their programs and assessing the probable effects of changes in them. i ‘About ten percent of the commentors on the draft regulations expressed opposition to implementing the FPPA. The U.S. Department of Transportation, highway agencies in eight States, the California Chamber of Commerce, and several other California-based organizations were among these commentors. Other comments on the draftregulations were focused primarily on four matters. First, many commentors criticized the lack of oversight or monitoring responsi- bilities by USDA. Noting that there is not even a requirement that Federal agencies make periodic reports on the impacts of their programs on agricultural land, many commentors expressed concern that some Federal agencies may not comply with the Act. Second, some commentors noted that the LESA criteria are not well-suited to linear or corridor-type projects (such as highways) and some types of water projects. Several technical matters involving specific site .Z§/ For more information on the LESA system, see Wright, et al.i(l983).
CRS83635ENRpage70
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CRS-59 U.S. Department of Agriculture, Office of the Secretary. "Memorandum No. 1827, Supplement 1." Washington, DC, June 21, 1976. U.S. Environmental Protection Agency. "Policy on Agricultural Lands." Washington, DC, September 8, 1978. U.S. General Accounting Office. Preserving Americais Farmland--A Goal the Federal Government Should Support. CED-79-109. Washington, DC, 1979
CRS83635ENRpage86
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and 1975 occurred at a much faster rate than in the l958~l967 period. The NALS attributed much of this increase in rural land conversion to four demographic phenomena: 1. The more rapid growth of nonmetropolitan areas in the 19703; _ 2. The growth of development in rural and unincorporated areas; 3. The growth of construction of housing on unsewered lots; and ' 4. The more rapid growth of households

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