[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1203.5]



[Page 14-15]

 

                        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 

which this part applies, except an application to which paragraph (d) of 

this section applies, and every application for Federal financial 

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 award 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 and the extent 

to which like assurances will be required of subgrantees, contractors 

and subcontractors, transferees, successors in interest, and other 

participants. 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 

with 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 statute 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.



[[Page 15]]



    (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.

    (d) Continuing Federal financial assistance. Every application by a 

State or a State agency for continuing Federal financial assistance to 

which this part applies (including the types of Federal financial 

assistance 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; 68 

FR 51387, Aug. 26, 2003]