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<br />defeating or substanUaliy impairtng the
<br />accata i ahment of the objectives of the
<br />Act or this part.
<br />(4) As used in this section the serv-
<br />ices, financial aid, or other benefits pro-
<br />vided under a program receiving Federal
<br />financial assistance include any service,
<br />-financial aid, or other benefit provided
<br />in or through a facility provided with
<br />the aid of Federal financial assistance.
<br />(5) The enumeration of specific forms
<br />of prohibited discrimination in this
<br />paragraph does not limit the generality_
<br />of the prohibition in paragraph (a) of
<br />this section.
<br />(6) Examples demonstrating the aP-
<br />pi?cution of the proriaiom of this section
<br />to certain programs of the Department
<br />of 'i r.vi ii rortation are contained in AP-
<br />pendix C of this part.
<br />(7) ;..cis part does not prohibit tine
<br />conslderat.'on of race, color, or national
<br />origln if the purpme and effect are to
<br />remove or overcome the consequences of
<br />prnt.ctices or impediments which have re-
<br />stricted the availability of, or participa-
<br />tion tn, the program or activity receiving
<br />Federal financial assistance, on the
<br />grounds of race, color, or national origin.
<br />Where previous discriminatory practice
<br />or usage *ends, on the grounds of race,
<br />color or national or +.gin, to exclude indi-
<br />vlduala from participation in, to deny
<br />them the benefits of, or to subject them
<br />to discrimination under any program or
<br />activity to which this part applies, the
<br />applicant or recipient has an obiigatlon
<br />to taste reasonable action to remove or
<br />overcome the consequences of the prior
<br />discriminatory practice or usage, and to
<br />accomplish the purposes of the Act.
<br />(c) Employment practices:
<br />( l) Where a primary objective of a
<br />program of Federal financial assistance
<br />to which thig Fart applies is to provide
<br />employment, a recipient or other party
<br />subject to thl3 part shall not, directly or
<br />through contractual or other arrange-
<br />ments, subject a person to diserimina-
<br />tion on the ground of race, color, or
<br />national origin in its employment prac-
<br />tices under such program (Including re-
<br />crultment or recruitment advertising.
<br />hiring, firing, upgrading. promotion, de-
<br />motion, transfer. Iayofr, termination,
<br />rates of pay or other forms of compensa-
<br />tion or benefits, selection for training or
<br />apprenticeship, use of -facilities, and
<br />treatment of employees). Such recipient
<br />shall take affirmative action to insure
<br />that applicants are employed, and em-
<br />p loye -s %re treated during employmen£,
<br />without regard to their race, color, or
<br />natUmaf br-' S . The requirements ap-
<br />*plicable to construction employment un-
<br />der any such program sha!1 be those
<br />specified In or pursuant to Part III of
<br />Executive Order 11246 or any Executive
<br />order which supersedes it.
<br />(2) Federal financial -assistance to
<br />programs under laws funded or admin-
<br />istered by the Department which have
<br />" a primary objective the providing of
<br />employment include those set forth in
<br />tAppendiY B to this part.
<br />(3) Where a primary objective of the
<br />Federal financial assistance Is not to
<br />provide employment, but d6crtmination
<br />on the grounds of race, color, or national
<br />FWLES AND RBGULATIONS�.
<br />origin In the employment practices of
<br />the recipient or other persons subject to
<br />the regulation tends. on the grounds of
<br />race, color, or national origin, to exclude_
<br />individuals from participation in, to
<br />deny them the benefits of, or to subject
<br />them to discrimination under any pro- .
<br />gram to which this regulation applies,
<br />the prov6wi ns of subparagraph (1) of,
<br />this paratpraph shall apply to the em-
<br />ployment Oractices of the recipient or*
<br />other persons subject to the regulation,
<br />to the extent necessary to assure equal-
<br />ity of opportunity to, and nondiscrimina-
<br />tiny treatment of. beneficiaries.
<br />(d) A recipient may not make a selec-
<br />tion of a site or location of a facility if
<br />the purpose of that selection, or its effect -
<br />when made, is to exclude individuals
<br />'from participation in, to deny them the
<br />benefits of, or to subject them to dis-
<br />crimination under any program or ac-
<br />tivity to which this rule applies, on the
<br />grounds of race, color, or natkgW
<br />origin; or if the purpose is to, or its effect
<br />when made will, substantially Impair the
<br />accomplishment of the objectives of this
<br />part.
<br />§ 21.7 Aaeuranees required.
<br />(a) General. (1) Every application for
<br />Federal financial assistance to carry out
<br />a Program to which this part applies.
<br />except a program to which paragraph
<br />(b) of this section applies, and every ap-
<br />plication for Federal financial assistance
<br />to provide a facility shall, as a condition
<br />to'its approval and the extension of any
<br />Yederal financial assistance pursuant
<br />to the application, contain or be accom
<br />panted by, an assurance that the pro-
<br />gram will be conducted or the facility op-
<br />erated in compliance with all require -
<br />ments imposed by or pursuant to this
<br />part. Every program of Federal finan-
<br />cial assistance shall require the submis-
<br />sion of such an assurance. In the case
<br />where the Federal financial assistance
<br />Is to provide or is in the form of personal
<br />property, or real property or interest
<br />therein or structures thereon, the assur-
<br />ance shall: obligate the recipient, or, in
<br />the case of a subsequent transfer, the
<br />transferee, for the period during which
<br />the property Is used for a purpose for
<br />which the Federal financial assistance is
<br />extended or for anoi -her purpose lavoly-
<br />ind the provision• of similar services or
<br />benefits, or for as itmg as the recipient
<br />retains ownership or possession of the
<br />property.. whichever is longer. In all
<br />other cases the assurance shall obligate
<br />the recipient for the.period during which
<br />Federal financial assistance is extended
<br />to the program. In the case where the
<br />assistance is sought for the construction
<br />of a facility or part of a facility, the as-
<br />surance shall in any event extend to the
<br />entire facility and to facilities operated
<br />In connection therewith. The Secretary .
<br />shall specify the form of the foregoing
<br />assurances for each program, and the
<br />extent to which like assurances will be
<br />required of subgrantee% contractors and
<br />•subcontractors, transferees, successors in
<br />Interest. and other participants in the
<br />program. Any such assurance shall In-
<br />clude provisions which give the United
<br />States a right to seek its judicial
<br />enforgemPnt.
<br />(2) In the case where Federal finan-
<br />cial assistance Is provided In the form
<br />of a transfer of real property, structures,
<br />or improvements thereon, or interest
<br />therein, from the Federal Government,
<br />the instrument effecting or recording the
<br />transfer shall contain a covenant run-
<br />ning with the land assuring nondLscrim-
<br />ination for the period during which the
<br />reel property is used for a purpose for
<br />which the Federal financial assistance is
<br />extended or for another purpose involv-
<br />ing the provision - of similar services - or
<br />benefits. Where no transfer of property.
<br />or interest therein from the Federal Gov -
<br />ernment is involved, but property is ac-
<br />quired or improved under a program of
<br />Federal financial assistance, the recip-
<br />ient shall agree to include such cove-
<br />nant in any subsequent transfer of such
<br />property. When the property is obtained
<br />from the Federal Government, such
<br />covenant may also include a condition
<br />coupled with a right to be reserved by the
<br />Department to revert title to the prop-
<br />erty In the event of a breach of the cove-
<br />nant where, in the discretion of the
<br />Secretary, such a condition and right of
<br />reverter is appropriate to the program
<br />under which the real property Is ob-
<br />tained and to the nature of the grant ati¢,
<br />the grantee. In such event if a trans-
<br />feree of real property proposes to, mort-
<br />gage or otherwise encumber the real
<br />property as security for financing con-
<br />struction of new, or improvement of eir-
<br />isting, facilities on. such property for
<br />the purposes for which the property was
<br />transferred, the Secretary may agree.
<br />upon request of the transfe^ee and if
<br />necessary to accomplish such financ-
<br />ing. and upon such conditions_ as he
<br />deems appropriate, to subordinate such
<br />right of reversion to- the lien of such
<br />mortgage or other encumbrance.
<br />(b) Continuing State programs. Every
<br />application by a State or a State agency
<br />to carry out a program Involving con -
<br />tinuing Federal financial assistance to
<br />which this part applies (including the
<br />Programs listed in Appendix A to this
<br />Part) shall as a condition to its approval
<br />and the extension of any Federal finan-
<br />cial assistance pursuant to the applica-
<br />tion (1) contain or be accompanied by
<br />a statement that the program is (or,
<br />In the case of a new program, will be)
<br />conducted In compliance with all re-
<br />quirements imposed by or pursuant to
<br />this part, and (2) provide or be accom-
<br />panied by provision for -such rnethoda.
<br />of administration for the program as
<br />are found by the Secretary to give
<br />reasonable guarantee that the applicant
<br />and all recipients of Federal financial
<br />assistance under such program will com-
<br />ply with all requirements Imposed by or
<br />pursuant to this part,
<br />§ 21.9 Compliance information.
<br />(a) Cooperation and assistance. The
<br />Secretary shall to the fullest extent
<br />practicable seek the cooperation of re-
<br />cipients in obtaining compliance with
<br />this part and shall provide assistance
<br />and guidance to recipients to help them
<br />comply voluntarily with this part.
<br />(b) Compliance reports.. Each recip-
<br />ient shall keep such records and submit
<br />to the Secretary timely. complete, and
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<br />(2) In the case where Federal finan-
<br />cial assistance Is provided In the form
<br />of a transfer of real property, structures,
<br />or improvements thereon, or interest
<br />therein, from the Federal Government,
<br />the instrument effecting or recording the
<br />transfer shall contain a covenant run-
<br />ning with the land assuring nondLscrim-
<br />ination for the period during which the
<br />reel property is used for a purpose for
<br />which the Federal financial assistance is
<br />extended or for another purpose involv-
<br />ing the provision - of similar services - or
<br />benefits. Where no transfer of property.
<br />or interest therein from the Federal Gov -
<br />ernment is involved, but property is ac-
<br />quired or improved under a program of
<br />Federal financial assistance, the recip-
<br />ient shall agree to include such cove-
<br />nant in any subsequent transfer of such
<br />property. When the property is obtained
<br />from the Federal Government, such
<br />covenant may also include a condition
<br />coupled with a right to be reserved by the
<br />Department to revert title to the prop-
<br />erty In the event of a breach of the cove-
<br />nant where, in the discretion of the
<br />Secretary, such a condition and right of
<br />reverter is appropriate to the program
<br />under which the real property Is ob-
<br />tained and to the nature of the grant ati¢,
<br />the grantee. In such event if a trans-
<br />feree of real property proposes to, mort-
<br />gage or otherwise encumber the real
<br />property as security for financing con-
<br />struction of new, or improvement of eir-
<br />isting, facilities on. such property for
<br />the purposes for which the property was
<br />transferred, the Secretary may agree.
<br />upon request of the transfe^ee and if
<br />necessary to accomplish such financ-
<br />ing. and upon such conditions_ as he
<br />deems appropriate, to subordinate such
<br />right of reversion to- the lien of such
<br />mortgage or other encumbrance.
<br />(b) Continuing State programs. Every
<br />application by a State or a State agency
<br />to carry out a program Involving con -
<br />tinuing Federal financial assistance to
<br />which this part applies (including the
<br />Programs listed in Appendix A to this
<br />Part) shall as a condition to its approval
<br />and the extension of any Federal finan-
<br />cial assistance pursuant to the applica-
<br />tion (1) contain or be accompanied by
<br />a statement that the program is (or,
<br />In the case of a new program, will be)
<br />conducted In compliance with all re-
<br />quirements imposed by or pursuant to
<br />this part, and (2) provide or be accom-
<br />panied by provision for -such rnethoda.
<br />of administration for the program as
<br />are found by the Secretary to give
<br />reasonable guarantee that the applicant
<br />and all recipients of Federal financial
<br />assistance under such program will com-
<br />ply with all requirements Imposed by or
<br />pursuant to this part,
<br />§ 21.9 Compliance information.
<br />(a) Cooperation and assistance. The
<br />Secretary shall to the fullest extent
<br />practicable seek the cooperation of re-
<br />cipients in obtaining compliance with
<br />this part and shall provide assistance
<br />and guidance to recipients to help them
<br />comply voluntarily with this part.
<br />(b) Compliance reports.. Each recip-
<br />ient shall keep such records and submit
<br />to the Secretary timely. complete, and
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