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APPENDIXB
<br />CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
<br />The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or
<br />improvements thereon, or granting interest therein from the United States pursuant to the provisions of
<br />Assurance 4:
<br />NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that
<br />the ________________________________________ will accept title to the lands and maintain the project
<br />constructed thereon in accordance with the Regulations for the Administration of Federal Highway Administration
<br />(FHWA), and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in
<br />accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S.
<br />Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
<br />Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the
<br />provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby
<br />remise, release, quitclaim and convey unto the ________________________________________ all the right,
<br />title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached
<br />hereto and made a part hereof.
<br />(HABENDUM CLAUSE)
<br />TO HA VE AND TO HOLD said lands and interests therein unto
<br />________________________________________ and its successors forever, subject, however, to the covenants,
<br />conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period
<br />during which the real property or structures are used for a purpose for which Federal financial assistance is
<br />extended or for another purpose involving the provision of similar services or benefits and will be binding on the
<br />________________________________________ , its successors and assigns.
<br />The ________________________________________ , in consideration of the conveyance of said lands and
<br />interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors
<br />and assigns, that ( 1) no person will on the grounds of race, color, or national origin, be excluded from
<br />participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility
<br />located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the
<br />________________________________________ will use the lands and interests in lands and interests in
<br />lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
<br />Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
<br />in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil
<br />Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of
<br />any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter
<br />said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in
<br />and become the absolute property of the U.S. Department of Transportation and its assigns as such interest
<br />existed prior to this instruction].*
<br />(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
<br />order to make clear the purpose of Title VI.)
<br />B
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