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Award Identifying Number: <br />NEST Agreement Number: <br />substitute. However, prior to the substitute Parcel being eligible for funding, there must <br />be <br />(1) a written pending offer, and <br />(2) the landowner must meet eligibility criteria for FY 2014. <br />d. The State Conservationist may require substitute Parcels to be re- ranked. <br />14. When a conservation plan violation is reported to the ENTITY by NRCS, after all <br />administrative and appeal rights have been exhausted by the landowner in accordance with 7 <br />CFR part 12 and 7 CFR part 614, the ENTITY shall implement easement enforcement <br />procedures. <br />15. The ENTITY will report the Federal Cash for the advance of any funds and the Federal <br />Expenditures and Unobligated Balance of funds using the Federal Financial Report Standard <br />Form 425 (FFRs) (Exhibit 5). This will be submitted to the NRCS State office within 5 <br />business days prior to December 31, March 31, June 30, and September 30 if the ENTITY <br />closes an Agricultural Land Easement on a Parcel in this agreement during that fiscal quarter. <br />Reports shall be submitted on an accrual accounting basis. Failure to submit reports in <br />accordance with the above schedule may result in suspension or termination of award. A <br />final report shall be submitted no later than 90 days after the completion of the award. For <br />final FFRs, reporting end date shall be the end date of the project or agreement period. <br />16. This Paragraph and Paragraphs 3, 7, 8, 9, 12, 14 and 15 of this Section IX.0 shall survive <br />the closing of the Agricultural Land Easement and the termination or expiration of this <br />agreement. <br />X. PUBLIC INFORMATION and CIVIL RIGHTS <br />A. The ENTITY agrees to include USDA Natural Resources Conservation Service in any public <br />news releases, events, brochures, fact sheets, etc. related to the acquisition of the properties listed in <br />Attachment A that were acquired with ACEP funds under with this agreement. <br />B. The ENTITY agrees to provide to the NRCS North Carolina State Public Affairs Specialist <br />for review and cominent, before public release, draft copies of fact sheets or success stories developed for <br />ACEP funded properties acquired under this agreement. This will be provided to NRCS a minimum of <br />three (3) business days before publication. NRCS will return any comments to the ENTITY within two <br />(2) business days of receipt of the draft publication. <br />C. The ENTITY agrees to comply with NRCS guidelines and requirements regarding the <br />disclosure of information protected under Section 1619 of the Food, Conservation, and Energy Act of <br />2008 (PL 110 -246), 7 U.S.C. 879. Activities performed under this agreement may involve access to <br />confidential and potentially sensitive information about governmental and landowner issues. Confidential <br />information means information or data of a personal nature, proprietary about an individual, or <br />information or data submitted by or pertaining to an organization. This information shall not be disclosed <br />without prior written consent of NRCS. The NRCS Freedom of Information Act (FOIA) officer should <br />be contacted if there are any questions surrounding the disclosure of information pursuant to one of the <br />exceptions of Section 1619. <br />XI. GENERAL PROVISIONS. <br />A. If Agricultural Land Easements on all the Parcels listed on Attachment A or the substitution(s) <br />for those Parcels are not closed or reimbursement is not requested by the dates indicated in Section W, <br />any remaining funds may be released from this obligation unless a written request to extend the closing or <br />12 <br />NRCS Representative Initial <br />Recipient Representative Initial <br />Attachment number 1 <br />F -7 Page 167 <br />