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ESG activities are subject to environmental review by HUD under the environmental regulations in 24 <br />CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, <br />convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit <br />or expend HUD or local funds for eligible activities under this part, until HUD has performed an <br />environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. <br />The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they <br />apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the <br />Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the <br />SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic <br />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 -Based <br />Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 -- 4856), and implementing regulations in 24 CFR <br />part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing <br />occupied by program participants. <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 paint <br />( "LBP ") hazards in a residential property that receives Federal assistance under certain HUD programs <br />for acquisition, leasing, support services, or operation. In connection with the grant funds under this <br />AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance <br />with all applicable subparts of 24 CFR 35, and especially, Subpart K. <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 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 occupied, <br />immediately after receipt of Federal assistance; and <br />(3) Ongoing lead -based paint maintenance activities into regular building operations, in accordance <br />with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a <br />Federal housing assistance program, except that mortgage insurance or loan guarantees are <br />not considered to constitute an active programmatic relationship for the purposes of this part. <br />(4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the <br />clearance examination. <br />E. Notification and Attachments <br />The SUBRECIPIENT shall provide to all occupants of housing: <br />(1) In accordance with Section 35.130 of the LBP Regs, the LBP hazard information <br />pamphlet. The pamphlet shall be the EPA /HUD /Consumer Product Safety Commission lead <br />hazard information pamphlet or an EPA - approved equivalent. <br />14 <br />