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OMB Approval No. 4040 -0007 <br />Expiratlon Date 04 /30/2008. ` <br />ASSURANCES - NON - CONSTRUCTION PROGRAMS <br />Public reporting burden for this collection of Information is estimated to average 15 minutes per response, including time for reviewing <br />Instructions, searching existing data sources, gathering and maintalding the data needed, and completing and reviewing. the collection of <br />Information. Send,comments regarding the burden estimate or any other aspect of this collection of Information, including suggestions for <br />reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0400), Washington, DC 20503. <br />PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE <br />ADDRESS PROVIDED BY THE SPONSORIING AGENCY. <br />NOTE: Certain of these -assurances may not be applicable to your project or program. If you have questions, please contact the <br />awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is <br />the case, you will be notified. <br />As the duly authorized representative of the applicant, I certify that the applicant: <br />(1) Has the legal authority to apply for Federal Assistance,'and the <br />institutional, managerial and financial capability (Including funds <br />sufficient to pay the non - Federal share of project cost) to ensure <br />proper planning, management and completion of the project <br />described in this application. <br />(2) Will give the awarding agency, the Comptroller General of the <br />United States, and If appropriate, the State, through any authorized <br />representative, access to and the right to examine all records, books, <br />papers, or documents related to the award; and will establish a proper <br />accounting system In accordance with generally accepted accounting <br />standards or agency directives. <br />(3) Will establish safeguards. to prohibit. employees from using their <br />positions for a purpose that constitutes or presents the appearance of <br />personal of organizational conflict of Interest, or personal gain. <br />(4) Will initiate and 'complete the work within the applicable time <br />frame after recelpt.of approval of the awarding agency. <br />(5) Will comply with the intergovernmental Personnel Aot of 1970 (42 <br />U.S.C.4728 -4763) relating to prescribed standards for merlt systems <br />for programs funded under one of the 19 statutes or regulations <br />speCifled in Appendix A of OPM's Standards for a Merit System of <br />Personnel Administration (5 C.F.R. 900, Subpart F). <br />(6) WIII comply with all Federal statutes relating to nondiscrimination. <br />These include but are not limited to: (a) Title VI of the Civil Rights Act <br />of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of. <br />race, color or national origin; (b) Title IX of the Education <br />Amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685- <br />1686), which prohibits discrimination on the basis of sex; (c) Section <br />504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), <br />Which prohibits discrimination on the basis of handicaps: (d) the Age <br />Discrimination Act of 1975, as amended (42 U.S.C. 6101= 6107 ), <br />which prohibits discrimination on the basis of age; (e) the Drug Abuse <br />Office and Treatment Act of 1972'(P.L. 92.255) as amended, relating <br />to nondiscrimination on the basis of drug.abuse; (f) the Comprehen- <br />sive Alcohol Abuse and Alcoholism Prevention, Treatment and <br />Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating'to <br />nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 <br />and 527 of the Public Health Service Act of 1912 (42. U.S.C. 290 dd -3 <br />and 296 ee -3), as amended; relating to confidentiality of alcohol and <br />drug abuse patient records; (h) Title VIII of the Civil Rights Act of <br />1968 (42 U.S.C. 3601:et seq.), as amended, relating to <br />nondiscrimination in the sale, rental or financing of housing; (1) any <br />other nondiscrimination provisions In the specific statutes) under <br />which application for Federal assistance is being made; and 0) the <br />requirements of any other nondiscrimination statue(s) which may <br />apply to the application. <br />(7) Will comply, or has already compiled, with the requirements of <br />Titles It and ill'of the Uniform Relocation Assistance and Real <br />Property Acquisition Policies Act of 1970 (P.L, 91- 646)•which <br />provides for fair and equitable treatment of persons displaced or <br />whose property Is acquired as a result of Federal or federally assisted <br />programs. These requirements apply to all interests In real property <br />acquired for project purposes regardless of Federal participation in <br />purchases. ' <br />(8) Will comply,.as applicable, with the provisions of the Hatch Act (5 <br />U.S.C. f501 -1508 and 7324 -7328) which limit the political activities of <br />employees whose principal employment activities are funded in whole <br />or in part with Federal funds. <br />(9) Will comply, as applicable; with the provisions of the Davis -Bacon <br />Act (40 U.S.C. 276a to 276a- 7),'the Copeland Abt (40 U.S.C. 276c <br />and 18 U.S.C. 874), and the Contract Work Hours and Safety <br />Standards Act (40 U.S.C'. 327 -3, regarding labor standards for <br />federally assisted construction subagreements. <br />(10) Will comply, if applicable, with Flood Insurance Purchase <br />Requirements of Section 102(x) of the Flood Disaster protection Act <br />of 1973 (P.L, 93 -234) which requires recipients in p special flood <br />hazard area to participate in the program and to purchase flood <br />Insurance if the total cost of insurable construction and.acquisition Is <br />$10,000 or more. <br />(11) Will comply with environmental standards which may be <br />prescribed pursuant to the following: (a) institution of environmental <br />quality control measures under the National Environmental Policy Act <br />of 1969 (P.L., 91 -190) and Executive Order (EO) 11514; (b) <br />notification of violating facilities pursuant to EO 11738; (c) protection . <br />of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in <br />Flood plains In accordance with EO 11988; (e) assurance of project <br />consistency with the approved State management program <br />developed under the Coastal Zone Management Act of 1972 (16 <br />U.S.C. 1451 ei seq.); (f) conformity of Federal actions to State (Clear <br />Air) Implementation Plans under Section 176(c) of the Clear Air Act of <br />1955, as .amended (.42 U.S.C. 7401 at seq.); (g) protection of <br />underground sources of drinking water under the Safe Drinking Water <br />Act of 1974, as amended, (P,L.'93 -523); and (h) protection of <br />endangered species under the Endangered Species Act of 1973, as <br />amended, (P.L. 93 -205). <br />(12) Will comply with the Wild and Scenic Rivers Act of 1968 (16 <br />U.S.C. 1271 at seq.) related to protecting components or potential <br />components of the National Wild and Scenic Rivers System. <br />(13) Will assist the awarding agency in assuring compliarice with <br />Section 106 of the National Historic Preservation Act of 1966, as <br />amended (16 U.S.C. 470), EO 11593 (Identification and protection of <br />historic. properties), and theA'rchaeological and Historic Preservation <br />Act of 1974 (16 U.S.C. 469a.1 et seq ;). <br />(14) Will comply with P.L. 93 -348 regarding the protection of human <br />41 ' 'I0 <br />