[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR17.204]

[Page 384-385]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR--Table of Contents
 
          Subpart B--Nondiscrimination on the Basis of Handicap
 
Sec. 17.204  Assurances required.

    (a) Assurances. An applicant for Federal financial assistance for a 
program or activity to which this subpart applies shall provide 
assurances, in accordance with OMB Circular A-102, that the program will 
be operated in compliance with this subpart. An applicant may 
incorporate these assurances by reference in subsequent applications to 
the Department.
    (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 the 
Department, 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)(1) of 
this section in the instrument effecting or recording any subsequent 
transfer of the property.
    (3) Where Federal financial assistance is provided in the form of 
real property or interest in the property from the Department, the 
covenant shall unless prohibited by the conveyance authority, also 
include a condition coupled with a right to be reserved by the 
Department 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

[[Page 385]]

new, or improvement of existing, facilities on the property for the 
purposes for which the property was transferred, the Director 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.
    (4) Every application by a State or any agency or political 
subdivision of a State to carry out a program involving continuing 
Federal financial assistance shall as a condition to its approval and 
the extension of any Federal financial assistance pursuant to the 
application (i) contain or be accompanied by a statement that the 
program is (or, in the case of a new program, will be) conducted in 
compliance with all requirements imposed by or pursuant to this subpart, 
or a statement of the extent to which it is not, at the time the 
statement is made, so conducted, and (ii) provide or be accompanied by 
provision for such methods of administration for the program as are 
found by the Secretary or his designee to give reasonable assurance that 
the applicant and all recipients of Federal financial assistance under 
such program will comply with all requirements imposed by or pursuant to 
this regulation, including methods of administration which give 
reasonable assurance that any noncompliance indicated in the statement 
under paragraph (c)(4)(i) of this section will be corrected.