APPENDIX (B)



APPENDIX (A)

The recipient agrees to comply with the following special provisions which are hereby attached to this ITB.

I. Environmental

1. The grantee agrees to comply with the requirements of the Clean Water Act, as amended, 33 U.S.C. §§1251-1387.

2. The grantee agrees to comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. §§7401-7642.

3. The grantee agrees to comply with the requirements of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.

4. The grantee agrees to comply with the requirements of the Endangered Species Act, as amended, 7 U.S.C. § 136 et seq., 16 U.S.C. §§ 1531-1544 and 16 U.S.C § 460 et seq.

5. The grantee agrees to comply with the requirements of the Federal Emergency Management Agency’s disaster assistance regulations contained in 44 CFR Part 206.

II. Political Activities Exclusion

1. The grantee agrees to comply with those provisions of the Hatch Act, which limite the political activities of public employees.

2. The grantee certifies that it will not use any federal funds for lobbying and will disclose the use of non-federal funds for lobbying by filing any documentation and/or forms that are required by either the federal government or the Commonwealth (7 CFR 3018).

III. Drug-Free Workplace

The grantee agrees to comply with the provisions of the Drug-Free Workplace Act.

IV. Historical Preservation

1. The grantee agrees to comply with the requirements of the National Environmental Policy Act, as amended, 42 U.S.C. §§ 4321-4335, and the regulations contained in 44 CFR Part 10, and other federal and state environmental laws and regulations in the implementation of the Project.

2. The grantee agrees to comply with the requirements of the National Historic Preservation Act, 16 U.S.C. § 470 et seq., and the applicable regulations found at 36 CFR Part 800 and 44 CFR Part 208.

V. Deed Restriction (44 CFR Part 80.19)

1. FEMA Model Deed Restrictions: Deed restrictions that support 44 CFR Part 80 requirements can be found at:

a) Inspection: FEMA, its representatives and assigns including the State shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award.

b) Enforcement: the grantee, the State, FEMA and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 CFR Part 80, the property conveyance, and the grant award.

VI. Enforcement Provisions (44 CFR 13.43)

1. Award Terms Compliance. In addition to enforcement actions stated in this Grant Agreement, PEMA may take other enforcement actions available to the awarding agency, as appropriate in the circumstances, if the grantee fails to comply with the terms of the award, whether stated in federal statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere.

VII. Assurances and Compliance

As a condition of the grant or cooperative agreement, the recipient assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015.205(b) which hereby are incorporated in this agreement by reference, and such other statutory provisions as are specifically set forth herein.

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