RD 400-4 Assurance Agreement

Position 3
USDA
Form RD 400-4
(Rev. 9-09)

ASSURANCE AGREEMENT

(Under Title VI, Civil RightsAct of 1964 )

FORMAPPROVED
0MB No. 0575-0018
EXP. MM/DD/YYYY

The ______________________________________________
(name ofrecipient)
(address)
("Recipient" herein) hereby assures the U. S. Department ofAgriculture that Recipient is in compliance with and will continue to comply
with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Rural Housing Service, Rural Business­
Cooperative Service, Rural Utilities Service, Risk ManagementAgency, or the Farm Service Agency, (hereafter known as the"Agency")
regulations promulgated thereunder, 7 CFR §1901.202.In accordance with that Act and the regulations referred to above, Recipient
agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined
in 7 CFR § 15.2 ) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination.
I. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of
contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may
determine to be necessary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of theAgency or the U.S. Department ofAgriculture during normal business hours
to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such
compliance.
(c) Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions
of this agreement and the regulations, and in such manner as theAgency or the U.S. Department ofAgriculture finds necessary
to inform such persons of the protection assured them against discrimination.
3. The obligations of this agreement shall continue:
(a) As to any real property, including any structure, acquired or improved with the aid of the Federal financial assistance, so
long as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which
affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever is
longer.
(b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as Recipient
retains ownership or possession of the property.
(c)

As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made.

4. Upon any breach or violation this agreement the Government may, at its option:
(a)

Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or activity.

(b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States
or the State in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
In witness whereof,

on this
(name ofrecipient)

date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has
hereunto executed this agreement.

(SEAL)
Attest:________________
Title

Recipient
Date
Title

A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 0575-0018. Public reporting for this collection of information is estimated to be approximately 15 minutes per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are voluntary. However, in order to obtain or retain a benefit, the information in this form is required by
7 CFR 1901-E. Rural Development has no plans to publish information collected under the provisions of this program. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information
Collection Clearance Officer, Rural Development Innovation Center, Regulations Management Division at [email protected].