Appendix B - FEDERAL REQUIREMENTS

Current through April 27, 2019

If awarded CDBG funds Grantee acknowledges and consents to, and will comply with the following:

A. Grantee is authorized and hereby consents to accept the jurisdiction of the Federal courts for the purpose of enforcement of its responsibilities as such an official and Grantees responsibilities under the Grant Agreement.

B. The Community Development Block Grant program has been developed so as to give maximum feasible priority to activities that will benefit low and moderate income families, or aid in the prevention or elimination of slums or blight.

(The requirement for this certification will not preclude WBC from approving a pre-application where the Grantee certifies, and WBC determines, that all or part of the community development program activities are designed to meet other community development needs having a particular urgency as specifically explained in the pre-application)

C. Grantee will consent to assume the status of a responsible Federal Official under the National Environmental Policy Act of 1969, 42 U.S.C. ' 4321 et seq. (NEPA), insofar as the provisions of Act apply to the Wyoming Small Communities Block Grant Program.

D. Grantee will, in connection with its performance of environmental assessments under NEPA, comply with Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. ' 470); Protection and Enhancement of the Cultural Environment, Exec. Order No. 11,593, 36 Fed. Reg. 8921 (1971), and 36 C.F.R. ' 800.8 by consulting with the Wyoming State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects by the proposed activity.

E. Grantee will comply with the regulations, policies, guidelines and requirements of 24 C.F.R. ' 85, as they relate to the acceptance and use of Federal funds and will comply with all requirements imposed by WBC concerning special requirements of law, program requirements, and other administrative requirements.

F. Grantee will administer and enforce the labor standards requirements set forth in the Davis-Bacon Act, 40 U.S.C. ' 276a, Contract Work Hours and Safety Standards Act, 40 U.S.C. '' 327-32, the Anti-Kickback Act of 1986, 41 U.S.C. '' 51-58, and regulations issued to implement such requirements, as each may be amended from time to time.

G. Grantee will comply with the provisions of Floodplain Management, Exec. Order No. 11,988, 42 Fed. Reg. 26,951 (1977), as amended by Exec. Order No. 12,148, 44 Fed. Reg. 43,239 (1979), relating to evaluation of flood hazards and floodplain management; and Protection of Wetlands, Exec. Order No. 11,990, 42 Fed. Reg. 26,961 (1977), as amended by Exec. Order No. 12,608, 52 Fed. Reg. 34,617 (1987), relating to wetlands protection.

H. Grantee will comply with the flood insurance purchase requirement of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. ' 4001 et seq., that requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area, that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes this Grant.

I. Grantee will, pursuant to the Architectural Barriers Act of 1968, 42 U.S.C. ' 4151, et seq., require every building or facility (other than a privately owned residential structure) designed, constructed or altered with funds provided under this part to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to and Useable by the Physically Handicapped", Number A117.1-1961, subject to the exceptions contained in 41 C.F.R. ' 101-17.703. Grantee will be responsible for conducting inspections to insure compliance with these specifications by its contractor(s).

J. Grantee will comply with:

(1) The Civil Rights Act of 1964, 42 U.S.C. 2000et seq., and the regulations issued pursuant thereto including 24 C.F.R. ' 1, that provides that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to any discrimination under any program or activity for which the Grantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Grantee, this assurance shall obligate and bind the Grantee, or in the case of any transfer of such property, any transferee, to comply with such laws and regulations for the period during which the property or structure is used for the purpose for which the Federal financial assistance is extended, or for other purposes involving the provision of similar services or benefits.

(2) The Civil Rights Act of 1968, 42 U.S.C. ' 3604-3606, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services.

K. Grantee will:

(1) Comply with Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. No. 91-646, 84 Stat. 1894, and HUD implementing regulations at 49 C.F.R. ' 24, and 24 C.F.R. ' 570.606;

(2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to all persons displaced as a result of acquisition of real property for an activity assisted under the Wyoming CDBG Program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income.

(3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex or source of income.

L. Grantee will comply with the provisions of the Hatch Act, as amended, which limits the political activity of employees.

M. Grantee will give WBC and HUD, through any authorized representatives, access to and the right to examine all records, books, papers, or documents related to the Grant.

N. Grantee will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify HUD of the receipt of any communication from the Director of EPA Office of Federal Activities indicating that the facility to be used in the Project is under consideration for listing by the EPA.

O. Grantee will comply with the provisions of 42 U.S.C. ' 4831, regarding the use and removal of lead-based paints.

P. Grantee will, with any housing rehabilitation program, implement the provisions of Section 39, Energy Conservation Standards, of the Housing and Urban Development Act, Pub. L. No. 89-117, 79 Stat. 451 (1965), as is practical and possible in the rehabilitation of any residential structures, and will adopt and implement a housing rehabilitation standard.

Q. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. ' 794 and the regulations issued pursuant thereto 24 C.F.R. ' 8), which provide that "No otherwise qualified individual with disabilities in the United States shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..."

R. Grantee certifies that the unit of local government participating in this CDBG Agreement and/or Contract for Services is or will be following a detailed citizen participation plan that satisfies the requirements of 24 C.F.R., ' 570.486.

S. Grantee certifies that the unit of local government participating in this CDBG Agreement and/or contract for services has identified its community development and housing needs, including the needs of low and moderate income families, and the activities to be undertaken to meet these needs.

T. Grantee certifies that the unit of local government participating in this CDBG Agreement and/or contract for services will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Grantee will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.

U. Grantee certifies that the unit of local government participating in this CDBG Agreement and/or contract for services has adopted and is enforcing:

(1) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and

(2) A policy of enforcing applicable state and local laws against physically barring entrance-to or exit-from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction.

V. Grantee will comply with, certify to, and have a written policy in accordance with the Drug-Free Workplace Act of 1988 ( Public Law 100-690 ), including but not limited to provisions of 24 C.F.R. ' 24(F), "Drug-Free Workplace Requirements", and 48 C.F.R. ' 2 3.5, "Drug-Free Workplace". Compliance includes, but is not limited to, the publication of a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition.

W. Grantee certifies that to the best of its knowledge and belief:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the unit of local government participating in this CDBG Agreement, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and

(3) It will require that the language of paragraphs 1 and 2 of this certification will be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

X. Grantee certifies that the activities to be undertaken with CDBG funds are consistent with the Strategic Plan incorporated within the State Consolidated Plan for Housing and Community Development.

Y. Grantee will comply with Section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 C.F.R. ' 135, Economic Opportunities for Low and Very Low Income Persons, as each may be amended.

Effective 7/2/2008