[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1251.104]

[Page 226-227]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP--Table of Contents
 
                   Subpart 1251.1--General Provisions
 
Sec. 1251.104  Assurances required.

    (a) Assurances. An applicant for Federal financial assistance for a 
program or activity to which this part applies shall submit an 
assurance, on a form specified by the Assistant Administrator, that the 
program will be operated in compliance with this part. An applicant may 
incorporate these assurances by reference in subsequent applications to 
NASA.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended in the form of real property or to provide real 
property or structures on the property, the assurance will obligate the 
recipient or, in the case of a subsequent transfer, the transferee, for 
the period during which the real property or structures are used for the 
purpose for which Federal financial assistance is extended or for 
another purpose involving the provision of similar services or benefits.
    (2) In the case of Federal financial assistance extended to provide 
personal property, the assurance will obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases, the assurance will obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Covenants. (1) Where Federal financial assistance is provided in 
the form of real property or interest in the property from NASA, the 
instrument effecting or recording this transfer shall contain a covenant 
running with the land to assure nondiscrimination for the period during 
which the real property is used for a purpose for which the Federal 
financial assistance is extended or for another purpose involving the 
provision of similar services or benefits.
    (2) Where no transfer of property is involved but property is 
purchased or improved with Federal financial assistance, the recipient 
shall agree to include the covenant described in paragraph (c)(3) of 
this section in the instrument effecting or recording any subsequent 
transfer of the property.

[[Page 227]]

    (3) Where Federal financial assistance is provided in the form of 
real property or interest in the property from NASA, the covenant shall 
also include a condition coupled with a right to be reserved by NASA to 
revert title to the property in the event of a breach of the covenant. 
If a transferee of real property proposes to mortgage or otherwise 
encumber the real property as security for financing construction of 
new, or improvement of existing facilities on the property for the 
purposes for which the property was transferred, the Assistant 
Administrator may, upon request of the transferee and if necessary to 
accomplish such financing and upon such conditions as he or she deems 
appropriate, agree to forbear the exercise of such right to revert title 
for so long as the lien of such mortgage or other encumbrance remains 
effective.