[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR42.105]

[Page 792-794]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents

       Subpart C_Nondiscrimination in Federally Assisted Programs_
     Implementation of Title VI of the Civil Rights Act of 1964 \1\
---------------------------------------------------------------------------
 
Sec.  42.105  Assurance required.

    (a) General. (1) Every application for Federal financial assistance 
to which this subpart 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. In the case 
where the

[[Page 793]]

Federal financial assistance is to provide or is in the form of personal 
property, or real property or interest therein or structures thereon, 
such assurance 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 all 
other cases, such assurance shall obligate the recipient for the period 
during which Federal financial assistance is extended pursuant to the 
application. The responsible Department 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.
    (2) In the case of real property, structures or improvements 
thereon, or interest therein, which was 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 convenant 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 the Department to revert title to the property in the event 
of a breach of the covenant where, in the discretion of the responsible 
Department official, such a condition and right of reverter are 
appropriate to the statute under which the real property is obtained and 
to the nature of the grant and the grantee.
    (b) Assurances from government agencies. In the case of any 
application from any department, agency, or office of any State or local 
government for Federal financial assistance for any 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 such other department, agency, or office will substantially 
affect the project for which Federal financial assistance is requested.
    (c) Assurance from academic and other institutions. (1) In the case 
of any application for Federal financial assistance for any purpose to 
an academic institution, the assurance required by this section shall 
extend to admission practices and to all other practices relating to the 
treatment of students.
    (2) The assurance required with respect to an academic institution, 
detention or correctional facility, or any other institution or 
facility, insofar as the assurance relates 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 such individuals, shall be applicable to the entire 
institution or facility.
    (d) Continuing Federal financial assistance. Any State or State 
agency applying for continuing Federal financial assistance subject to 
this regulation shall as a condition for the extension of such 
assistance:
    (1) Provide a statement that the program is (or, in the case of a 
new program, will be) conducted in compliance with this regulation, and
    (2) Provide for such methods of administration as are found by the 
responsible Department official to give reasonable assurance that the 
primary recipient and all other recipients of Federal financial 
assistance under such

[[Page 794]]

program will comply with this regulation.

[Order No. 365-66, 31 FR 10265, July 29, 1966, as amended by Order No. 
519-73, 38 FR 17955, July 5, 1973; Order No. 2679-2003, 68 FR 51364, 
Aug. 26, 2003]