|
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
<br />RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
<br />recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
<br />by reference in the easement document.
<br />3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
<br />directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
<br />depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
<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 T ransportation 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, RCW
<br />8.26, and WAC 468-100.
<br />3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection
<br />(1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees
<br />to provide any housing and relocation assistance required.
<br />4. Condemnation. Acquisition of real property through or as a direct result of condemnation is not eligible for funding in this
<br />Agreement. Acquisition of real property must be on a willing -seller basis.
<br />F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon
<br />recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with
<br />Section 8.C.: Archaeological and Cultural Resources before structures are removed or demolished.
<br />G. Hazardous Substances.
<br />Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
<br />for 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 the RCO and any and all of its employees and/or
<br />agents, from and against any and al! liability, cost (including but not limited to all costs of defense and attorneys' fees) and
<br />any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
<br />release of, 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 Government 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 PROPERTYAND/OR FACILITIES TO OTHER USES
<br />A. Restriction on Conversion. The sponsor shall not at any time convert any real property (including any interest therein) acquired,
<br />or facility developed, maintained, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for
<br />which funds were approved without prior approval of the RCO in compliance with applicable statutes, rules, and RCO policies.
<br />It is the intent of the RCO's conversion policy, current or as amended in the future, that all real properly acquired or any project
<br />facilities developed, maintained, renovated, and/or restored with funding assistance remain in the public domain in perpetuity
<br />unless otherwise identified in Section E: On-going Obligations or as approved by the RCO.
<br />B. Conversions Defined. A conversion occurs under any of the following circumstances:
<br />1. Conveyance. Interests in real properly are conveyed for purposes inconsistent with the intent of the Agreement and the
<br />funding source. Interests in real property include, but are not limited to, options, rights of first refusal, conservation
<br />easements, leases, and mineral rights.
<br />2. Use. Non -eligible uses (public or private) are made of the project area or a portion of the project area,
<br />3. Eligibility. Non -eligible facilities are developed with the project area without prior approve of the RCO.
<br />4. Termination of Use/Non-Conformance. The property acquired or the project developed or restored no longer meets or
<br />conforms to the purpose of this Agreement or the funding source.
<br />5. PubliGAocess. Closure of public access sites is for longer than 180 consecutive days.
<br />RCO 16-1860C
<br />Page 14 of 23
<br />
|