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The Second Party hereby assures and certifies that the applicant: <br /> <br />1. Will insure that the facilities under its ownership, lease, or supervision, which shall be utilized in <br /> the accomplishment of the project are not listed on the Environmental Protection Agency's <br /> (EPA) list of Violating Facilities, and that it will notify the grantee of the receipt of any <br /> communication from the Director of the EPA Office of Federal Activities indicating that a facility <br /> to be used in the project is under consideration for listing by the EPA. <br /> <br />2. Will assist the grantor agency in its compliance with the section 106 of the National Historic <br /> Preservation Act of 1966 as amended, (16 U.S.C. 470), Executive Order 11593, and the <br /> Archaeological and Historic Preservation Act if 1974 (U.S.C. 469a-1, et seq.) by (a) consulting <br /> with the State Historic Preservation Officer on the conduct of investigations, as ne-cessary, to <br /> identify properties listed in or eligible for inclusion in the National Register of Historic Places that <br /> are subject to adverse effects (see CFR Part 800.8) by the activity, and notifying the grantor <br /> agency of the existence of any such properties, and by (b) complying with all requirements <br /> established by the grantor agency to avoid or mitigate adverse effects upon such properties. <br /> <br />3. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 A.S.C. Section 276a <br /> to 276a-7) regarding labor standards for federally assisted construction subagreements. <br /> <br />4. Will comply with environmental standards which may be prescribed pursuant to the following (a) <br /> institution of environmental quality control measures under the National Environmental Policy <br /> Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities <br /> pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990: (d) evaluation of flood <br /> hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with <br /> the approved State management program developed under the Coastal Zone Management Act <br /> of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State <br /> management (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of <br /> 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of <br /> drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) <br /> protection of endangered species under the Endangered Species Act of 1973, as amended, <br /> (P.L. 93-205). <br /> <br />12 <br /> <br /> <br />