[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1251.104]



[Page 227-228]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1251_NONDISCRIMINATION ON BASIS OF HANDICAP--Table of Contents

 

                    Subpart 1251.1_General Provisions

 

Sec. 1251.104  Assurances required.



    (a) Assurances. An applicant for Federal financial assistance to 

which this part applies shall submit an assurance, on a form specified 

by the Assistant Administrator, that the program or activity will be 

operated in compliance



[[Page 228]]



with this part. An applicant may incorporate these assurances by 

reference in subsequent applications to NASA.

    (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) Where Federal financial assistance is provided in 

the form of real property or interest in the property from NASA, the 

instrument effecting or recording this transfer shall 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) Where 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 (c)(3) of 

this section in the instrument effecting or recording any subsequent 

transfer of the property.

    (3) Where Federal financial assistance is provided in the form of 

real property or interest in the property from NASA, the covenant shall 

also include a condition coupled with a right to be reserved by NASA 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 existing facilities on the property for the 

purposes for which the property was transferred, the Assistant 

Administrator may, upon request of the transferee and if necessary to 

accomplish such financing and upon such conditions as he or she deems 

appropriate, agree to forbear the exercise of such right to revert title 

for so long as the lien of such mortgage or other encumbrance remains 

effective.



[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]