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B. Notxvithstanding anything in Section 18(A) to the contrary, Departrnent reserves the nght <br />to conduct an annual financial and compliance audit of funds received and performances <br />rendered under this contract. Administrator agrees to permit Department, or its <br />authorized representative, to audit Administrator's records and to obtain any documents, <br />materials, or information necessary to facilitate such audit. <br />C. Administrator understands and agrees that it shall be liable to Department for any costs <br />disallowed pursuant to financial and complialice audit(s) of funds received under this <br />contract. Administrator further understands and agrees that reimbursement to <br />Department of such disallowed costs shall be paid by Administrator from funds which <br />were not provided or otherwise made available to Administrator under this contract. <br />D. Administrator shall take all neeessary actions to facilitate the perfornlance of such audit <br />or audits conducted pursuant to this section as Depai-tment may require of Administrator. <br />E. All approved HOME audit reports shall be made available for public inspection within <br />thirty (30) days after completion of the audit. <br />SECTION 19. ENVIRONMENTAL CLEARANCE REQUIREMENTS <br />A. The environmental effects of each activity camed out with funds provided under this <br />contract must be assessed in accordance with the provisions of the HOME Manual, <br />National Environmental Policy Act of 1969 (NEPA) and the related activities listed in <br />HUD's implementing regulations at 24 C.F.R. Parts 50, 51, 55 and 58. Each such <br />activity must have an environmental review completed and support documentation <br />prepared complying with the National Environmental Policy Act of 1969 and regulations <br />at 24 C.F.R. Parts 50, 51, 55 and Part 58. No funds may be requested or committed to <br />an activity before the completion of the environmental review process, including the <br />requirements of 24 C.F.R. §58.6, and the Department has provided written <br />clearance. <br />B. If funds are provided under this contract to a"state recipient," the recipient is delegated <br />authority as the Responsible Entity (RE) and makes all environrriental clearance <br />determinations. The Department assumes the role of HUD pursuant to 24 CFR Part 58, <br />"Subpart H- Release of Funds for Particular Projects" and is responsible for reviewing <br />and approving the Request for Release oC Funds and granting the recipient the Authority <br />to Use Grant Funds. <br />C. A non-governmental entity is not delegated authonty to became an RE and make <br />environmental determinations and therefore, shall assist Department in completing the <br />environmental review by providing all relevant documentation needed to perform an <br />environmental review, or carry out mitigating measures required, or selecting an alternate <br />property for assistance. <br />D. Both state recipients and subrecipients or CHDOs must attend HOME training for <br />environmental assessment. The assessments must be satisfactory to Department. This <br />contract is conditional in nature and does not grant Administrator legal claim to any <br />HOME funds for a specific project ar site until the environmental review process is <br />approved by Department. The agreement to provide funds to the project is conditional on <br />Department's or Administrator's deterrnination to proceed with, modify or cancel the <br />project based on the results of a subsequent environmental review. <br />HOME Contract # 1001053 <br />Page 11 of 21 <br />\ 1~~ ~ Nc~ <br />