[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-6.205-1]



[Page 36-37]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-6_MISCELLANEOUS REGULATIONS--Table of Contents

 

    Subpart 101-6.2_Nondiscrimination in Programs Receiving Federal 

                          Financial Assistance

 

Sec. 101-6.205-1  General.



    (a) Every application for Federal financial assistance to which this 

subpart 101-6.2 applies, except an application to which Sec. 101-6.205-

2 applies, and every application for Federal financial assistance to 

provide a facility shall, as a condition to its approval and the 

extension of any Federal financial assistance pursuant to the 

application, contain or be accompanied by an assurance that the program 

will be conducted or the facility operated in compliance with all 

requirements imposed by or pursuant to this subpart 101-6.2. In the case 

of an application for Federal financial assistance to provide real 

property or structures thereon, the assurance shall 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 a 

purpose for which the Federal financial assistance is extended or for 

another purpose involving the provision of similar services or benefits. 

In the case of personal property, the assurance shall obligate the 

recipient for the period during which he retains ownership or possession 

of the property. In all other cases the assurance shall obligate the 

recipient for the period during which Federal financial assistance is 

extended pursuant to the application. The responsible GSA official shall 

specify the form of the foregoing assurances and the extent to which 

like assurances will be required of subgrantees, contractors and 

subcontractors, transferees, successors in interest, and other 

participants. Any such assurance shall include provisions which give the 

United States a right to seek its judicial enforcement.

    (b) In the case of real property, structures or improvements 

thereon, or interests therein, which is acquired with Federal financial 

assistance, or in the case where Federal financial assistance is 

provided in the form of a transfer of real property 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 for which the Federal financial assistance is extended or 

for another purpose involving the provision of similar services or 

benefits. Where no transfer of property is involved, but property is 

improved with Federal financial assistance, the recipient shall agree to 

include such a covenant in any subsequent transfer of such property. 

Where the property is obtained from the Federal Government, such 

covenant may also include a condition coupled with a right to be 

reserved by GSA to revert title to the property in the event of a breach 

of the covenant where, in the discretion of the responsible GSA 

official, such a condition and right of reverter is appropriate to the 

statute under which the real property is obtained and to the nature of 

the grant and the grantee. In such event, 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 such property for the purposes for which the property was 

transferred, the Administrator may agree, upon request of the transferee 

and if necessary to accomplish such financing, and upon such conditions 

as he deems appropriate, to forebear the exercise of such right to 

revert title for so long as the lien of such mortgage or other 

encumberance remains effective.

    (c) The assurance required in the case of a transfer of personal 

property shall



[[Page 37]]



be inserted in the instrument effecting the transfer of the property.

    (d) In the case of Federal financial assistance not involving a 

transfer of property, the assurance required shall be inserted in the 

agreement executed between the United States and the recipient covering 

the extension of Federal financial assistance.



[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]