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Department of Justice <br />Office of Justice Programs AWARD CONTINUATION <br />Bureau ofJustice Assistance SHEET PACE 4 Of- <br />Grant <br />I I <br />PROJECYNUMBER 2010-D1-BX-0324 AWARD DATE 09110/2010 <br />SPECIAL CONDITIONS j <br />16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National <br />Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these <br />grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any <br />of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is <br />determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. <br />The grantee understands that this special condition applies to its following new activities whether or not they are being <br />specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a <br />subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special <br />condition must first be met. The activities covered by this special condition are: <br />a. New construction; <br />b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including <br />properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or <br />eligible for listing on the National Register of Historic Places; <br />c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic <br />prior use or (b) significantly change its size; <br />d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an <br />incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or <br />education environments; and <br />e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the <br />identification, seizure, or closure of clandestine methamphetamine laboratories. <br />The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental <br />Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and <br />agrees to the requirements for implementation of a Mitigation Plan, as detailed at <br />http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. <br />Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its <br />subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request <br />from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment <br />of that funded program or activity. <br />17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing <br />account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond <br />the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate <br />and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds <br />(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice <br />Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal <br />Financial Report (SF-425). <br />18. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be <br />used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law <br />enforcement activities. <br />ON FORM 40(10/2 (REV. 4-88)