[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.204]



[Page 392-393]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.204  Assurances required.



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

which this subpart applies shall provide assurances, in accordance with 

OMB Circular A-102, that the program or activity will be operated in 

compliance with this subpart. 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



[[Page 393]]



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)(1) 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 unless prohibited by the conveyance authority, 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 

Director 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.

    (4) Every application by a State or any agency or political 

subdivision of a State for continuing Federal financial assistance shall 

as a condition to its approval and the extension of any Federal 

financial assistance pursuant to the application (i) contain or be 

accompanied by a statement that the program or activity is (or, in the 

case of a new program, will be) conducted in compliance with all 

requirements imposed by or pursuant to this subpart, or a statement of 

the extent to which it is not, at the time the statement is made, so 

conducted, and (ii) provide or be accompanied by provision for such 

methods of administration for the program or activity as are found by 

the Secretary or his designee to give reasonable assurance that the 

applicant and all recipients of Federal financial assistance will comply 

with all requirements imposed by or pursuant to this regulation, 

including methods of administration which give reasonable assurance that 

any noncompliance indicated in the statement under paragraph (c)(4)(i) 

of this section will be corrected.