[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: 34CFR110.23]



[Page 433-434]

 

                           TITLE 34--EDUCATION

 

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

 

PART 110_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                    Subpart C_Duties of ED Recipients

 

Sec.  110.23  Assurances required.



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

which these



[[Page 434]]



regulations apply shall sign a written assurance, on a form specified by 

ED, that the program or activity will be operated in compliance with 

these regulations. An applicant may incorporate this assurance by 

reference in subsequent applications to ED.

    (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) If Federal financial assistance is provided in 

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

instrument effecting or recording this transfer must 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) If 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) If Federal financial assistance is provided in the form of real 

property or interest in the property from ED, the covenant must also 

include a condition coupled with a right to be reserved by ED 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, ED may, upon request of the 

transferee and if necessary to accomplish that financing and upon 

conditions that ED deems appropriate, agree to forbear the exercise of 

the right to revert title for as long as the lien of the mortgage or 

other encumbrance remains effective.



(Authority: 42 U.S.C. 6103)



[58 FR 40197, July 27, 1993, as amended at 65 FR 68057, Nov. 13, 2000]