[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR27.9]

[Page 318-319]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
                            Subpart A_General
 
Sec.  27.9  Assurance required.

    (a) General. Each application for Federal financial assistance to 
which this part applies, and each application to provide a facility, 
shall, as a condition to approval or extension of any Federal financial 
assistance pursuant to the application, contain, or be accompanied by, 
written assurance that the program or activity will be conducted or the 
facility operated in compliance with all the requirements imposed by or 
pursuant to this part. An applicant may incorporate these assurances by 
reference in subsequent applications to the Department.

[[Page 319]]

    (b) Future effect of assurances. Recipients of Federal financial 
assistance, and transferees of property obtained by a recipient with the 
participation of Federal financial assistance, are bound by the 
recipient's assurance under the following circumstances:
    (1) When Federal financial assistance is provided in the form of a 
conveyance of real property or an interest in real property from the 
Department of Transportation to a recipient, the instrument of 
conveyance shall include a convenant running with the land binding the 
recipient and subsequent transferees to comply with the requirements of 
this part for so long as the property is used for the purpose for which 
the Federal financial assistance was provided or for a similar purpose.
    (2) When Federal financial assistance is used by a recipient to 
purchase or improve real property, the assurance provided by the 
recipient shall obligate the recipient to comply with the requirements 
of this part and require any subsequent transferee of the property, who 
is using the property for the purpose for which the Federal financial 
assistance was provided, to agree in writing to comply with the 
requirements of this part. The obligations of the recipient and 
transferees under this part shall continue in effect for as long as the 
property is used for the purpose for which Federal financial assistance 
was provided or for a similar purpose.
    (3) When Federal financial assistance is provided to the recipient 
in the form of, or is used by the recipient to obtain, personal 
property, the assurance provided by the recipient shall obligate the 
recipient to comply with the requirements of this part for the period it 
retains ownership or possession of the property or the property is used 
by a transferee for purposes directly related to the operations of the 
recipient.
    (4) When Federal financial assistance is used by a recipient for 
purposes other than to obtain property, the assurance provided shall 
obligate the recipient to comply with the requirements of this part for 
the period during which the Federal financial assistance is extended to 
the program or activity.

[44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26,2003]