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flood insurance purchase requirement applies to both public and private applicants for BITS support. Lists of
<br />flood -prone areas that are eligible for flood insurance are published ur 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 toI(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 tale 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. § § 175.175c.
<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 term, 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 />b. 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 />c, 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 /Oxecomp.htm. Subgrantees must report subrecipient executive total
<br />compensation to Cal ORS 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 />Eve 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 under this award is $25,000 or more;
<br />ii. hr 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 CFR § 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 />ill. 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 />htt www sec
<br />4-, lit ht m.)
<br />iv. Subrecipient Executives. Unless you are exempt as provided above, for each
<br />first -tier subrecipieut under this award, you shall report the names and total
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