Historically, FTA prohibited the encumbrance of title to FTA-assisted property because FTA viewed any lien against, or other conveyance of, FTA-assisted property as a disposition. In recognition of the fact that many joint development arrangements require conveyance of an interest in FTA-assisted property, FTA may now approve of conveyances for joint development.

However, a joint development project must not interfere with the project sponsor’s continuing control over the use of the property or their ability to continue to carry out the originally authorized purpose for which the property was acquired. Furthermore, project sponsors must adhere to all requirements designated in the original FTA grant that assisted in the property’s acquisition. Additionally, the project must satisfy all the eligibility criteria and other requirements of FTA joint development policy.