Encl. (1) to COMDTINST 5350.20A
the grounds of race, color, or national origin, to exclude individuals from participation in,
deny them the benefits of, or subject them to discrimination under any program to which
this regulation applies, the provisions of paragraph (c)(1) of this section shall apply to the
employment practices of the recipient or other persons subject to the regulation, to the
extent necessary to assure equality of opportunity to, and nondiscriminatory treatment of,
beneficiaries.
(d) Facility location or site. A recipient may not make a selection of a site or location
of a facility if the purpose of that selection, or its effect when made, is to exclude
individuals from participation in, to deny them the benefits of, or to subject them to
discrimination under any program or activity to which this rule applies, on the grounds of
race, color, or national origin; or if the purpose is to, or its effect when made will
substantially impair the accomplishment of the objectives of this part.
Sec. 21.7 Assurances required.
(a) General. (1) Every application for Federal financial assistance to which this part
applies, 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 program will be conducted or the facility operated in compliance with
all requirements imposed by or pursuant to this part. Every award of Federal financial
assistance shall require the submission of such an assurance. 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 or benefits, or
longer. In all other cases the assurance shall obligate the recipient for the period during
which Federal financial assistance is extended to the program. The Secretary shall specify
the form of the foregoing assurances, and the extent to which like assurances will be
required of subgrantees, contractors and subcontractors, transferees, 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
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