Current through September 24, 2024
(1) General
(a) Every application for Federal financial
assistance to carry out a program to which this regulation 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 subparagraph. 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, such
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 or benefits, or for as long
as the recipient retains ownership or possession of the property, whichever is
longer. In all other cases, such assurance shall obligate the recipient for the
period during which Federal financial assistance is extended pursuant to the
application.
(b) In the case of
real property, structures or improvements thereon, or interest therein, which
was acquired through a program of 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.
Where no transfer of property is involved, but property is improved under a
program of Federal financial assistance, the recipient shall agree to include
such a covenant in any subsequent transfer of such property.
(2) Assurances from governmental
entities. In the case of any application from any department, agency, or office
of any county or local government for funds that may include Federal financial
assistance for any specified purpose, the assurance required by this section,
shall extend to any other department, agency, or office of the same
governmental unit if the policies of such other department, agency, or office
will substantially affect the project for which Federal financial assistance is
requested.
(3) Assurance from
academic and other institutions
(a) In the
case of any application for Federal financial assistance for any purpose to an
academic institution, the assurance required by this section shall extend to
admission practices and to all other practices relating to the treatment of
students.
(b) The assurance
required with respect to an academic institution, detention or correctional
facility, or any other institution or facility, insofar as the assurance
relates to the institution's practices with respect to admission or other
treatment of individuals as students, patients, wards, inmates, persons subject
to control, or clients of the institution or facility or to the opportunity to
participate in the provision of services, disposition, treatment, or benefits
to such individuals, shall be applicable to the entire institution or facility.
If, in any such case, the assistance sought is for the construction of a
facility or part of a facility, the assurance shall in any event extend to the
entire facility and to facilities operated in connection therewith.
(4) Assurances from contractors.
State departments or agencies shall require any and all contractors to sign
statements of assurances or include such language of assurance in the contract
to be signed by such contractor. For example, a statement contained in the
contractual language should express that "the [Contractor] will comply, and all
its subcontractors will comply, with the nondiscrimination requirements of
Title VI of the Civil Rights Act of 1964, and other appropriate civil rights
statutes, as applicable."
(5)
Continuing state programs. Any state department or agency administering a
program which receives continuing Federal financial assistance subject to this
regulation shall as a condition for the extension of such assistance:
(a) Provide a statement that the program is
(or, in the case of a new program, will be) conducted in compliance with this
regulation; and,
(b) Provide for
such methods of administration (e.g. policies) as are found by the Commission
during the review of the annual implementation plan or periodic compliance
review to give reasonable assurance that the primary recipient and all other
recipients of Federal financial assistance under such program will comply with
this regulation.
Authority: T.C.A. §§
4-21-202,
4-21-203 and 28 CFR Part 42,
Subpart C.
