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attachment to OMB Circular A-133, Audits of States, Local Governments, and Non- <br />profit Organizations). <br />c. A subaward may be provided through any legal agreement, including an agreement <br />that you consider a contract. <br />5. Subrecipient means an entity that: <br />a. Receives a subaward from you under this award; and <br />b. Is accountable to you for the use of the Federal funds provided by the subaward. <br />24. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS <br />For this award, DOE has made a final NEPA determination for all activities under this award <br />that are listed in the Statement of Project Objectives (SOPO) formally approved by DOE <br />through incorporation into and attached to the award. You (Recipient) may proceed with <br />the activities as described in the SOPO. This NEPA determination is specific to the project as <br />described in the SOPO formally approved by DOE through incorporation into and attached <br />to the award. <br />/f you /ester add to or modify the activities in the above-referenced SOPO, you must submit <br />the revised SOPO to the DOE Project Officer. Those additions or modifications are subject to <br />review by the NEPA Compliance Officer and approval by the DOE's Contracting Officer. <br />Recipients are restricted from taking any action using Federal funds, which would have an <br />adverse effect on the environment or limit the choice of reasonable alternatives prior to <br />DOE providing a final NEPA determination. Any new activities or modification of activities is <br />subject to additional NEPA review and is not authorized for federal funding until DOE <br />provides a NEPA determination on those additions or modifications. DOE may require the <br />Recipient to submit additional information to support a revised NEPA determination. <br />Should you move forward with activities that are not authorized for Federal funding by the <br />DOE Contracting Officer in advance of the final NEPA determination, you are doing so at risk <br />of not receiving Federal funding and such costs may not be recognized as allowable cost <br />share. <br />25. REOPENER TERM -PENDING INDIRECT RATES -FINANCIAL ASSISTANCE <br />(a) At the time the total budget cost for this award was established, agreement could not <br />be reached on indirect rates. However, agreement was reached on a total estimated <br />budget cost that includes a dollar amount for indirect costs and this amount is subject to <br />adjustment in accordance with the provisions of this term and other administrative <br />provisions of the award. <br />29