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<br /> E. Real Property Acquisition and Relocation Assistance
<br /> 1. Federal Acquisition Policies.When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms
<br /> and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat. 1894
<br /> (1970)—Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL
<br /> 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act.
<br /> 2. State Acquisition Policies.When state funds are part of this Agreement,the sponsor agrees to comply with the terms and
<br /> conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter
<br /> 8.26 RCW,and Chapter 468-100 WAC.
<br /> 3. Housing and Relocation.In the event that housing and relocation costs,as required by federal law set out in subsection(1)
<br /> above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to
<br /> provide any housing and relocation assistance required.
<br /> F. Buildings and Structures.In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery.
<br /> Sponsors agree to remove or demolish ineligible structures.Sponsors must consult RCO regarding compliance with Section 8.C.:
<br /> Archaeological and Cultural Resources before structures are removed or demolished.
<br /> G. Hazardous Substances.
<br /> 1. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for
<br /> the presence of hazardous substances,as defined in RCW 70.105D.020(10),and certify:
<br /> a.No hazardous substances were found on the site,or
<br /> b.Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
<br /> laws,and the site deemed"clean."
<br /> 2. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set
<br /> forth in RCW 70.105D.
<br /> 3. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,
<br /> from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and
<br /> all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,
<br /> hazardous substances on the property the sponsor is acquiring.
<br /> H. Requirements for Federal Subawards.The non-Federal entity(sponsor)must submit reports at least annually on the status of
<br /> real property in which the Federal Govemment retains an interest,unless the Federal interest in the real property extends 15
<br /> years or longer.In those instances where the Federal interest attached is for a period of 15 years or more,the Federal awarding
<br /> agency or the pass-through entity(RCO),at its option,may require the sponsor to report at various multi-year frequencies(e.g.,
<br /> every two years or every three years,not to exceed a five-year reporting period;or a Federal awarding agency or RCO may
<br /> require annual reporting for the first three years of a Federal award and thereafter require reporting every five years)(2 C.F.R§
<br /> 200.329(2013)).
<br /> SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES
<br /> The sponsor shall not at any time convert any real property(including any interest therein)or facility acquired,developed,maintained,
<br /> renovated,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior
<br /> approval of the funding board in compliance with applicable statutes,rules,and funding board policies.Also see WAC Title 286 or
<br /> 420. It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities
<br /> acquired,developed,renovated,and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise
<br /> identified in the Agreement or as approved by the funding board.Determination of whether a conversion has occurred shall be based
<br /> upon applicable law and RCFB/SRFB policies.
<br /> For acquisition projects that are term limited,such as one involving a lease or a term-limited restoration,renovation or development
<br /> project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written
<br /> documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the
<br /> term specified by the lease,easement,deed,or landowner agreement.
<br /> When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding
<br /> board policies.
<br /> SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS
<br /> The following provisions shall be in force only if the project described in this Agreement is an acquisition,development,maintenance,
<br /> renovation or restoration project:
<br /> A. Property and facility operation and maintenance.Sponsor must ensure that properties or facilities assisted with funding board
<br /> funds,including undeveloped sites,are built,operated,used,and maintained:
<br /> 1. According to applicable federal,state,and local laws and regulations,including public health standards and building codes.
<br /> 2. In a reasonably safe condition for the project's intended use.
<br /> 3. Throughout its estimated useful service life so as to prevent undue deterioration.
<br /> 4. In compliance with all federal and state nondiscrimination laws,regulations and policies.
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