C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER A—GENERAL › PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY › Subpart D—Requirements for Applicants and Recipients

40 C.F.R. § 7.80

Applicants

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(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, age, 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 or organization performing the reviews.

(Approved by the Office of Management and Budget under control number 2000-0006) [49 FR 1659, Jan. 12, 1984, as amended at 75 FR 31707, June 4, 2010]
Notes of Decisions
Cited in 4 cases, 1996–2001 · leading case: South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 446 (D.N.J. 2001).
Sort: Relevance Newest Treatment
South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 446 (D.N.J. 2001). · cites it 3× “40 C.F.R. § 7.80 . 6 *475 140. Defendants, SLC and the NJDEP, argue that by basing its permitting decisions on existing environmental emissions standards, such as the NAAQS, the NJDEP has complied with its obligations under Title VI.”
South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 505 (D.N.J. 2001). “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.”
Chester Residents Concerned for Quality Living v. Seif, 132 F.3d 925 (3rd Cir. 1997). · cites it 3× “See 40 C.F.R. § 7.80 (a) (1997). 4 In part, these regulations prohibit recipients of federal funding from using “criteria or methods .”
Chester Residents Concerned for Quality Living v. Seif, 944 F. Supp. 413 (E.D. Pa. 1996). “40 C.F.R. § 7.80 (a). 4 . The United States Department of Justice and Environmental Protection Agency have filed a brief on behalf of the United States as amicus curiae in opposition to the motion to dismiss.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.