[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR110.23]

[Page 413-414]
 
                           TITLE 34--EDUCATION
 
       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
 
PART 110--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
                   Subpart C--Duties of ED Recipients
 
Sec. 110.23  Assurances required.

    (a) Assurances. An applicant for Federal financial assistance to 
which these regulations apply shall sign a written assurance, on a form 
specified by ED, that the program or activity will be operated in 
compliance with these regulations. An applicant may incorporate this 
assurance by reference in subsequent applications to ED.
    (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) If Federal financial assistance is provided in 
the form of real property or interest in the property from ED, the 
instrument effecting or recording this transfer must 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) If 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 (b)(2) of this section in 
the instrument effecting or recording any subsequent transfer of the 
property.
    (3) If Federal financial assistance is provided in the form of real 
property or interest in the property from ED, the covenant must also 
include a condition coupled with a right to be reserved by ED 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

[[Page 414]]

existing, facilities on the property for the purposes for which the 
property was transferred, ED may, upon request of the transferee and if 
necessary to accomplish that financing and upon conditions that ED deems 
appropriate, agree to forbear the exercise of the right to revert title 
for as long as the lien of the mortgage or other encumbrance remains 
effective.

(Authority: 42 U.S.C. 6103)

[58 FR 40197, July 27, 1993, as amended at 65 FR 68057, Nov. 13, 2000]