[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15.4]

[Page 361-363]
 
                          TITLE 7--AGRICULTURE
 
PART 15_NONDISCRIMINATION--Table of Contents
 
   Subpart A_Nondiscrimination in Federally-Assisted Programs of the 
 Department of Agriculture_Effectuation of Title VI of the Civil Rights 
                               Act of 1964
 
Sec. 15.4  Assurances required.

    (a) General. (1) Every application for Federal financial assistance 
to which these regulations apply, except an application to which 
paragraph (b) of this section 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 
applicant's program or activity will be conducted or the facility 
operated in compliance with all requirements imposed by or pursuant to 
the Act and the regulations in 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 the 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 Agency 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 of real property, structures, or improvements 
thereon, or interests therein, which was acquired through 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 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, or for as long as the recipient retains ownership 
or possession of the property, whichever is longer. Where no transfer of 
property is involved, but property is

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improved through 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 Agency to revert title to the property in the event of a 
breach of the covenant where, in the discretion of the Agency concerned, 
such a condition and right of reverter is appropriate to the purposes of 
the Federal financial assistance 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 Agency may agree, 
upon request of the transferee and if necessary to accomplish such 
financing, and upon such conditions as it deems appropriate to forbear 
the exercise of such right to revert title for so long as the lien of 
such mortgage or other encumbrance remains effective.
    (3) Transfers of surplus property are subject to regulations issued 
by the Administrator of General Services (41 CFR 101-6.2).
    (b) Every application by a State or a State Agency, including a 
State Extension Service, but not including an application for aid to an 
institution of higher education, continuing Federal financial assistance 
to which the regulations in this part apply shall as a condition to its 
approval and the exension of any Federal financial assistance pursuant 
to the application (1) contain or be accompanied by a statement that the 
program is (or, in the case of a new program, will be) conducted in 
compliance with all requirements imposed by or pursuant to this part, 
and (2) provide or be accompanied by provision for such methods of 
administration for the program as are found by the Agency to give 
reasonable assurance that the applicant and all recipients of Federal 
financial assistance under such program will comply with all 
requirements imposed by or pursuant to the regulations in this part: 
Provided, That where no application is required prior to payment, the 
State or State Agency, including a State Extension Service, shall, as a 
condition to the extension of any Federal financial assistance, submit 
an assurance complying with the requirements of paragraphs (b)(1) and 
(2) of this section.
    (c) Assurances from institutions. The assurance required with 
respect to an institution of higher education, or any other institution, 
insofar as the assurance relates to the institution's practices with 
respect to admission or other treatment of individuals or to the 
opportunity to participate in the provision of services or other 
benefits to such individuals, shall be applicable to the entire 
institution.
    (d) Recipients other than applicants. Each recipient not required to 
submit an application for Federal financial assistance, shall furnish, 
as a condition to the extension of any such assistance, an assurance or 
statement as is required of applicants under paragraphs (a), (b)(1) and 
(2) of this section.
    (e) Elementary and secondary schools. The requirements of paragraphs 
(a), (b), or (d) 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 said 
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 within the earliest practical time. In any case in 
which a final order of a court of the United States for the 
desegregation of such school or school

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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.

[29 FR 16274, Dec. 4, 1964, as amended at 32 FR 3967, Mar. 11, 1967; 35 
FR 18383, Dec. 3, 1970; 38 FR 17926, July 5, 1973; 68 FR 53141, Aug. 26, 
2003]