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Article XXIV - Coastal Wetlands Planning, Protection, and Restoration Act of 1990 <br />All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides <br />that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. <br />The Executive Order provides that, in furtherance of Section 101(b)(3) ofNEPA (42 U.S.C. § 4331(b)(3)), Federal <br />agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in <br />wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that <br />the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. <br />In making this finding, the head of the agency may take into account economic, environmental, and other pertinent <br />factors. The public disclosure requirement described above also pertains to early public review of any plans or <br />proposals for new construction in wetlands. This is codified at 44 CFR Part 9. <br />Article XXV - USA Patriot Act of 2001 <br />All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America <br />by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which <br />amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any <br />biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a <br />prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on <br />access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or <br />receive any biological agent or toxin that is listed as a select agent. <br />ASSURANCES <br />The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, <br />guidelines, and requirements. See Article I above. The applicant also specifically assures and certifies that it: <br />Has the legal authority to apply for Federal assistance, and the institutional, managerial, and financial <br />capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, <br />management, and completion of the project described in this application. <br />2. Will give the awarding agency, the Controller General of the United States, and if appropriate, the State, <br />through any authorized representative, access to and the right to examine all records, books, papers, or <br />documents related to the award; and will establish a proper accounting system in accordance with generally <br />accepted accounting standards or agency directives. See Article II above. <br />3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or <br />presents the appearance of personal or organizational conflict of interest, or personal gain. <br />4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding <br />agency. <br />Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to <br />prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations <br />specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, <br />Subpart F). <br />6. Will comply with all Federal statutes relating to nondiscrimination. See Articles XI, XII, XIII, XIV, XV, and <br />XVI, above. In addition, the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, <br />relating to nondiscrimination on the basis of drug abuse; the Comprehensive Alcohol Abuse and Alcoholism <br />Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to <br />nondiscrimination on the basis of alcohol abuse or alcoholism; §§ 523 and 527 of the Public Health Service <br />Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug <br />abuse patient records. And any other nondiscrimination provisions in the specific statute(s) under which <br />55A-9