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<br />environmental laws, statutes, regulations or executive orders. In addition, the Grantee assures it will
<br />document, in writing, its determination that each activity or project is exempt and meets the conditions
<br />specified for such exemption under (NEPA) 24 CFR 58.34(3) (for Planning-Only) or 58.34(4) (for Public
<br />Services) and (SEPA) WAC 197-11-800.
<br />15. Historical or Cultural Artifacts, Human Remains
<br />In the event that historical or cultural artifacts are discovered at the project site during construction or
<br />rehabilitation, the Grantee shall immediately stop construction and notify the local historical
<br />preservation officer and the state historic preservation officer at the Department of Archaeology and
<br />Historic Preservation (DAHP). If human remains are discovered, the Grantee shall stop work, report
<br />the presence and location of the remains to the coroner and local law enforcement immediately, and
<br />contact DAHP and the concerned tribe’s cultural staff or committee.
<br />16. Laws
<br />The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local,
<br />state, and federal governments, as now or hereafter amended, including:
<br />• Housing and Community Development Act of 1974
<br />• CDBG regulations in 24 CFR Part 570
<br />• 2 CFR 200
<br />17. Build America, Buy America
<br />The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41
<br />USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the
<br />Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation
<br />Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of
<br />HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the
<br />applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
<br />
<br />18. Performance Reporting
<br />The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic
<br />progress and performance reports pertaining to the activities undertaken pursuant to this Contract.
<br />These reports may include environmental review records, publica tion affidavits, procurement and
<br />contracting records, documentation of compliance with federal civil rights requirements, job creation
<br />records, program income reports, reports of the costs and obligations incurred in connection therewith,
<br />the final closeout report, and any other matters covered by this Grant. Activities funded by this Grant
<br />providing income-qualified direct assistance or direct services under the limited clientele, housing, or
<br />job creation CDBG National Objectives, must submit quarterly beneficiary reports as furnis hed by
<br />COMMERCE. Failure to submit these reports may result in COMMERCE withholding payment or
<br />terminating this Contract.
<br />19. Program Income
<br />Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before
<br />drawing additional CDBG funds to complete activities included in Attachment A - Scope of Work and
<br />Budget. The Grantee must maintain records of program income received and expended, and annually
<br />report program income received after closeout of this Grant. Program Income shall be used to continue
<br />the same activities to benefit low- and moderate-income persons or, with COMMERCE approval, for
<br />other activities to benefit low- and moderate-income persons. Interest earned in excess of $100 on
<br />CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the
<br />U.S. Treasury.
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