[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2006]

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

[CITE: 45CFR611.4]



[Page 112-113]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 611_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE

NATIONAL SCIENCE FOUNDATION_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS

 

Sec.  611.4  Assurances required.



    (a) General. (1) Every application for Federal financial assistance 

to which this part 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 part. In the case where the 

Federal financial assistance is to provide or is in the form of personal 

property, or real property or interest therein or structures thereon, 

the 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 and benefits, or for as long as the recipient retains 

ownership or possession of the property, whichever is longer. In all 

other cases the assurance shall obligate the recipient for the period 

during which Federal Financial assistance is extended pursuant to the 

application. The responsible Foundation official shall specify the form 

of the foregoing assurances and the extent to which like assurances will 

be required of subgrantees, contractors and subcontractors, 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 where Federal financial assistance is provided in 

the form of a transfer of real property, structures, or improvements 

thereon, or interest therein, from the Federal Government, the 

instrument effecting or recording the transfer shall contain a covenant 

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 

or interest therein from the Federal Government is involved, but 

property is acquired or improved with Federal financial assistance, the 

recipient shall agree to include such covenant in any subsequent 

transfer of such property. When the property is obtained from the 

Federal Government, such covenant may also include a condition coupled 

with a right to be reserved by the



[[Page 113]]



Foundation to revert title to the property in the event of a breach of 

the covenant where, in the discretion of the responsible Foundation 

official, such a condition and right of reverter is appropriate to the 

statute under which the real property is obtained and to the nature of 

the grant and the grantee. In such event 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 such property for the purposes for which the property was 

transferred, the responsible Foundation official may agree, upon request 

of the transferee and if necessary to accomplish such financing, and 

upon such conditions as he deems appropriate, to subordinate such right 

of reversion to the lien of such mortgage or other encumbrance.

    (3) Transfers of surplus property are subject to regulations issued 

by the Administrator of the General Services Administration. (41 CFR 

101-6.2.)

    (b) Elementary and secondary schools. The requirements of paragraph 

(a) of this section with respect to any elementary or secondary school 

or school system shall be deemed to be satisfied if such school or 

school system (1) is subject to a final order of a court of the United 

States for the desegregation of such school or school system, and 

provides an assurance that it will comply with such order, including any 

future modification of such order, or (2) submits a plan for the 

desegregation of such school or school system which the responsible 

Official of the Department of Health, Education, and Welfare determines 

is adequate to accomplish the purposes of the Act and this part, and 

provides reasonable assurance that it will carry out such plan. In any 

case of continuing Federal financial assistance the responsible Official 

of the Department of Health, Education, and Welfare may reserve the 

right to redetermine, after such period as may be specified by him, the 

adequacy of the plan to accomplish the purposes of the Act and this 

part. In any case in which a final order of a court of the United States 

for the desegregation of such school or school system is entered after 

submission of such a plan, such plan shall be revised to conform to such 

final order, including any future modification of such order.

    (c) Assurances from institutions. (1) In the case of any application 

for Federal financial assistance to an institution of higher education 

(including assistance for construction, for research for a special 

training project, or for any other purpose), 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 institution of higher 

education, hospital, or any other institution, insofar as the assurance 

relates to the institution's practices with respect to admission or 

other treatment of individuals as students, patients, or clients of the 

institution or to the opportunity to participate in the provision of 

services or other benefits to such individuals, shall be applicable to 

the entire institution.



[29 FR 16305, Dec. 4, 1964, as amended at 38 FR 17985, July 5, 1973; 68 

FR 51382, Aug. 26, 2003]