[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR104.5]



[Page 372-373]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 104_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  104.5  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 Secretary, that the program or activity will be 

operated in compliance with



[[Page 373]]



this part. An applicant may incorporate these assurances by reference in 

subsequent applications to the Department.

    (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 the 

Department, 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 (b)(2) 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 the Department, the 

covenant shall 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. 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 Secretary 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.



[45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000]