Res 1989-023 - Laserfiche WebLink

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SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to Department under Section 5304(f) of the Act, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 58.77(b) of such regulations, Contractor further understands and agrees that Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. B. Funds provided under this contract may be obligated and expended before the actions specified in this Section occur only for the following eligible activities: 1. The payment of reasonable planning and administrative costs related to the project. 2. Environmental studies, including environmental clearance activities required by this Section; and 3. The payment or reimbursement of reasonable project engineering and design costs incurred for this project. C. Contractor shall provide Department with documentation that it has the legal capacity to assume responsibilities under Section 5304(f) of Title I of the Housing and Community Development Act of 1974, as amended. Contractor must then follow the steps specified in this subsection to ensure compliance with the National Environmental Policy Act (NEPA). Contractor shall complete a written Finding of Categorical Exclusion, as applicable under 24 C.F.R. Section 58.35(a), which cites the subsection of Section 58.35(a) by which the activities or projects funded under this contract are categorically excluded from the National Environmental Policy Act requirements of 24 C.F.R. Part 58. When the recipient determines that the related authorities listed in 24 C.F.R. Section 58.5 do not apply to a categorically excluded project, then the project may be categorically excluded exempted from any Release of Funds requirements under this part in accordance with 24 C.F.R. Section 58.34(a)(IO) and ( b). Contractor must comply with all other applicable environmental requirements as specified in Attachment D of this contract. Contractor shall document its compliance with such other requirements in its environmental revi ew fil e. Funds provided under this contract may be obligated and expended before the actions specified in this subsection occur only for the following: 1. The payment of reasonable administrative costs related to the planning and execution of projects; and 2. Other related activities under 24 C.F.R. Section 58.34 that are specified as being exempt from environmental review requirements, such as eligible planning, design, and environ- mental review activities. Page 11 of 14 Pages