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X. I NVIRONMENTAL CONDITIONS <br />A. Gencrallv <br />ESG-CV activities are subject to environmental review by HUD under the environmental <br />regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may <br />not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a <br />project under this part, or commit or expend HUD or local funds for eligible activities under this <br />part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient <br />has received HUD approval of the property. <br />The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as <br />they apply to the performance of this AGREEMENT, including but not limited to the Clean Air <br />Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, <br />the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National <br />Historic Preservation Act of 1966. <br />B. Lead -based paint remediation and disclosure <br />The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead - <br />Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing <br />regulations in 24 CFR part 35, subparts A, B, H, I, K, M, and R apply to all shelters assisted <br />under ESG program and all housing occupied by program participants that were built before <br />1978. <br />C. Assignment of Responsibilities <br />By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all <br />responsibilities set forth in Subpart K of 24 CFR 35, <br />D. Compliance with Subpart K <br />The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based <br />paint ("LBP") hazards in a residential property that receives Federal assistance under certain <br />HUD programs for acquisition, leasing, support set -vices, or operation. In connection with the <br />grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and <br />show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart <br />K ("LBP Regs"). <br />The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas <br />servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is <br />located; <br />(1) A visual assessment of all painted surfaces in order to identify deteriorated paint; <br />(2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with <br />§§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is <br />occupied, immediately after receipt of Federal assistance; and <br />18 <br />25B-38 <br />