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<br />b. The Grantee shall identify the location and extent of floodplains and
<br />wetlands within the study area based on published data in order to
<br />consider the impacts of the study alternatives on floodplains and
<br />wetlands values and functions. por any action issued which has the
<br />potential to impact a floodplain or a wetland, a thorough examination of
<br />alternatives which avoid or mitigate this impact shai+,;'b~. incorporated
<br />into the scope of such study. '
<br />
<br />c. The Grantee further agrees, when the scope of the study will result in
<br />the potential for construction activity or site feasibility, that due
<br />consideration will be incorporated in such study to assess any potential
<br />impact as may be applicable under Pederal environmental statutes listed
<br />in 2.a-b (ref. pages 2 and 3). The Grantee understands that future
<br />Pederal financial assistance may not be allowable for projects which
<br />cannot meet such requirements.
<br />
<br />
<br />20. AVAILABILITY OP INPORMATION
<br />
<br />The Grantee agrees that all information resulting from its activities and not
<br />exempt from disclosure under the preedom of Information Act, 5 U.S.C. 522,
<br />shall be freely available to the public.
<br />
<br />21. COPYRIGHTS AND PUBLICATION REQUIREMENTS
<br />
<br />a. Copyrights
<br />
<br />(1) Prohibition
<br />
<br />Copyright is prohibited in works, including a part or parts thereof,
<br />funded under Government contracts, grants or cooperative agreements
<br />("financial assistance") which have been prepared by recipients of
<br />such financial assistance. Works consist of all, part, or parts of
<br />documents and other material fixed in a tangible medium of
<br />expression, which are required to be delivered to EDA under this
<br />financial assistance document. Works include, but are not limited
<br />to: a) literary works, which are works other than audiovisual works
<br />expressed in words, numbers, or other verbal or numerical symbols or
<br />indicia, regardless of the nature of the_material objects, such as
<br />books, periodicals, manuscripts, phono records, film, tapes, disks,
<br />or cards, in which they are embodied: b) computer printouts and
<br />programs; c) pictorial and graphic works; d) motion pictures and
<br />other audiovisual works; and e) sound recordings. Recipients include
<br />recipients (and employees thereof) of EDA contracts, grants,
<br />cooperative agreements, and any subcontractors and subgrantors
<br />thereunder.
<br />
<br />(2) waiver
<br />
<br />(a) The Director, Office of Planning, Technical Assistance, Research and
<br />Evaluation (OPTARE), SUbject to approval by the Chief Counsel and the
<br />Deputy Assistant Secretary (DAS) or a designee, may waive the
<br />copyright prohibition with respect to works of recipients of
<br />financial assistance, but only under exceptional circumstances, such
<br />as but not limited to the following: when EDA is advised in writing
<br />that, because the non-government publisher loses a specified
<br />
<br />- 11 -
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