[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1203.5]

[Page 13-15]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 1203--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents
 
Sec. 1203.5  Assurances required.

    (a) General. (1) An application for Federal financial assistance to 
carry out a program to which this part applies, except a program to 
which paragraph (d) of this section applies, and every application for 
Federal financial

[[Page 14]]

assistance to provide a facility shall, as a condition to its approval 
and the extension of Federal financial assistance pursuant to the 
application, contain or be accompanied by, assurances that the program 
will be conducted or the facility operated in compliance with the 
requirements imposed by or pursuant to this part. Every program of 
Federal financial assistance shall require the submission of these 
assurances. In the case where the Federal financial assistance is to 
provide or is in the form of personal property, or real property or 
interest therein or structures thereon, the assurances shall obligate 
the recipient, or, in the case of a subsequent transfer, the transferee, 
for the period during which the 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, or for as long 
as the recipient retains ownership or possession of the property, 
whichever is longer. In other cases, the assurances obligate the 
recipient for the period during which the Federal financial assistance 
is extended to the program. In the case where the assistance is sought 
for the construction of a facility or part of a facility, the assurances 
shall extend to the entire facility and to the facilities operated in 
connection therewith. ACTION shall specify the form of the foregoing 
assurances for each program, and the extent to which like assurances 
will be required of subgrantees, contractors and subcontractors, 
transferees, successors in interest, and other participants in the 
program. The assurances shall include provisions which give the United 
States the right to seek judicial enforcement.
    (2) When Federal financial assistance is provided in the form of a 
transfer of real property, structures, or improvements thereon, or 
interest therein, from the Federal Government, the instrument effecting 
or recording the transfer shall contain a covenant running with the land 
assuring nondiscrimination for the period during which the real property 
is used for a purpose involving the provision of similar services or 
benefits. When no transfer of property of interest therein from the 
Federal Government is involved, but property is acquired or improved 
under a program of Federal financial assistance, the recipient shall 
agree to include a covenant in any subsequent transfer of the property. 
When the property is obtained from the Federal Government, the covenant 
may also include a condition coupled with a right to be reserved by 
ACTION to revert title to the property in the event of a breach of the 
covenant where, in the discretion of ACTION, such a condition and right 
of reverter is appropriate to the program under which the real property 
is obtained and to the nature of the grant and the grantee. In the event 
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 property for the purposes for 
which the property was transferred, ACTION may agree, on request of the 
transferee and if necessary to accomplish the financing, and on 
conditions as he deems appropriate, to subordinate a right of reversion 
to the lien of a mortgage or other encumbrance.
    (b) Assurances from Government agencies. In the case of an 
application from a department, agency, or office of a State or local 
government for Federal financial assistance for a specified purpose, the 
assurance required by this section shall extend to any other department, 
agency, or office of the same governmental unit if the policies of the 
other department, agency, or office will substantially affect the 
project for which Federal financial assistance is requested. That 
requirement may be waived by the responsible ACTION official if the 
applicant establishes, to the satisfaction of the responsible ACTION 
official, that the practices in other agencies or parts or programs of 
the governmental unit will in no way affect:
    (1) Its practices in the program for which Federal financial 
assistance is sought, or
    (2) The beneficiaries of or participants in or persons affected by 
the program, or
    (3) Full compliance with this part as respects the program.

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    (c) Assurance from academic and other institutions. (1) In the case 
of an application for Federal financial assistance by an academic 
institution, the assurance required by this section extends to admission 
practices and to all other practices relating to the treatment of 
students.
    (2) The assurance required by an academic institution, detention or 
correctional facility, or any other institution or facility, relating to 
the institution's practices with respect to admission or other treatment 
of individuals as students, patients, wards, inmates, persons subject to 
control, or clients of the institution or facility or to the opportunity 
to participate in the provision of services, disposition, treatment, or 
benefits to these individuals, is applicable to the entire institution 
or facility unless the applicant establishes, to the satisfaction of the 
responsible ACTION official, that the practices in designated parts or 
programs of the institution or facility will in no way affect its 
practices in the program of the institution or facility for which 
Federal financial assistance is sought, or the beneficiaries of or 
participants in the program. If the assistance sought is for the 
construction of a facility or part of a facility, the assurance shall 
extend to the entire facility and to facilities operated in connection 
therewith.
    (d) Continuing State programs. Every application by a State or a 
State agency to carry out a program involving continuing Federal 
financial assistance to which this part applies (including the programs 
listed in Appendix A to this part) shall as a condition to its approval 
and the extension of Federal financial assistance pursuant to the 
application:
    (1) 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 
the requirements imposed by or pursuant to this part, and
    (2) Provide or be accompanied by provision for methods of 
administration for the program as are found by ACTION to give reasonable 
guarantee that the applicant and all recipients of Federal financial 
assistance under the program will comply with the requirements imposed 
by or pursuant to this part.

(Approved by the Office of Management and Budget under control number 
3001-0016, paragraph (a)(1))

[39 FR 27322, July 26, 1974, as amended at 47 FR 3553, Jan. 26, 1982]