[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR27.9]



[Page 346-347]

 

                        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.

    (b) Future effect of assurances. Recipients of Federal financial 

assistance, and transferees of property obtained by a recipient with the 

participation of



[[Page 347]]



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]