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flood insurance purchase requirement applies to both public and private applicants for DES support. Lists of <br />flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. <br />68. Will comply with the requirements of Executive Order 11990, which provides that federally- funded construction <br />and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, <br />in furtherance of section 101(b)(3) ofNEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by <br />law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency <br />finds that there is no practicable alternative to such construction, and that the proposed action includes all <br />practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head <br />of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure <br />requirement described above also pertains to early public review of any plans or proposals for new construction in <br />wetlands. This is codified at 44 CFR Part 9. <br />69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools <br />Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U,S,C. §§ 175 4750. <br />Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery <br />system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or <br />other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," <br />as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a <br />select agent. <br />70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal <br />OES. <br />a. Applicability. Unless you are exempt as provided in paragraph d. of this award teem, you must report each <br />action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in <br />section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, <br />It. Where and when to report: you must report on each obligating action described in the following <br />paragraphs to Cal OES. For subaward information, report no later than the end of the month following the <br />month in which the obligation was made. (For example, if the obligation was made on November 7, 2013, <br />the obligation must be reported by no later than December 31, 2013.) <br />e. What to report: You must report the information about each obligating action that the submission <br />instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the <br />compensation information, see the U,S. Security and Exchange Commission total compensation filings at <br />http: / /www.sec.gov /answers /execoinp,htm. Subgrantees must report subrecipient executive total <br />compensation to Cal OES by the end of the month following the month during which you make the <br />subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under <br />$300,000, you are exempt from the requirements to report on subawards, and the total compensation of the <br />five most highly compensated executives of any subrecipient. <br />d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of <br />your five most highly compensated executives for the preceding completed fiscal year, if <br />i. the total Federal funding authorized to date wider this award is $25,000 or more; <br />ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues <br />from Federal procurement contracts (and subcontracts) and Federal financial assistance <br />subject to the Transparency Act, as defined at 2 CPR § 170.320 (and subawards); and <br />$25,000,000 or more in annual gross revenues from Federal procurement contracts (and <br />subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 <br />CFR § 170.320 (and subawards); and <br />iii. The public does not have access to information about the compensation of the executives <br />through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of <br />1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To <br />determine if the public has access to the compensation information, see the U.S. Security and <br />Exchange commission total compensation filings at <br />httn, / /www- soc ovianswers /execonap htm ) <br />iv. Subrecipient Executives. Unless you are exempt as provided above, for each <br />first -tier subrecipient under this award, you shall report the names and total <br />Page 10 Initials- <br />20B-43 <br />