[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR7.80]

[Page 145-146]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 7_NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY--Table of Contents
 
          Subpart D_Requirements for Applicants and Recipients
 
Sec. 7.80  Applicants.


    (a) Assurances--(1) General. Applicants for EPA assistance shall 
submit an assurance with their applications stating that, with respect 
to their programs or activities that receive EPA assistance, they will 
comply with the requirements of this part. Applicants must also submit 
any other information that the OCR determines is necessary for preaward 
review. The applicant's acceptance of EPA assistance is an acceptance of 
the obligation of this assurance and this part.
    (2) Duration of assurance--(i) Real property. When EPA awards 
assistance in the form of real property, or assistance to acquire real 
property, or structures on the property, the assurance will obligate the 
recipient, or transferee, during the period the real property or 
structures are used for the purpose for which EPA assistance is 
extended, or for another purpose in which similar services or benefits 
are provided. The transfer instrument shall contain a covenant running 
with the land which assures nondiscrimination. Where applicable, the 
covenant shall also retain a right of reverter which will permit EPA to 
recover the property if the covenant is ever broken.
    (ii) Personal property. When EPA provides assistance in the form of 
personal property, the assurance will obligate the recipient for so long 
as it continues to own or possess the property.
    (iii) Other forms of assistance. In all other cases, the assurance 
will obligate the recipient for as long as EPA assistance is extended.
    (b) Wastewater treatment project. EPA Form 4700-4 shall also be 
submitted with applications for assistance under Title II of the Federal 
Water Pollution Control Act.
    (c) Compliance information. Each applicant for EPA assistance shall 
submit regarding the program or activity that would receive EPA 
assistance:
    (1) Notice of any lawsuit pending against the applicant alleging 
discrimination on the basis of race, color, sex, handicap, or national 
origin;
    (2) A brief description of any applications pending to other Federal 
agencies for assistance, and of Federal assistance being provided at the 
time of the application; and
    (3) A statement describing any civil rights compliance reviews 
regarding the applicant conducted during the two-year period before the 
application, and information concerning the agency

[[Page 146]]

or organization performing the reviews.

(Approved by the Office of Management and Budget under control number 
2000-0006)