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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 clearance. <br />B. If funds are provided under this Contract to a"state recipient," the recipient is <br />delegated authority as the Responsible Entity (RE) and makes all environmental clearance <br />determinations. The Department assumes the role of HUD pursuant to 24 C.F.R. Part 58, <br />"Subpart H- Release of Funds for Particular Projects" and is responsible for reviewing and <br />approving the Request for Release of Funds and granting the recipient the Authority to Use <br />Grant Funds. <br />C. A non-governmental entity is not delegated authority to become 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 must attend HOME training for <br />environmental assessment. The assessments must be satisfactory to Department. This Contract is <br />conditional in nature and does not grant RSP legal claim to any HOME funds for a specific <br />project or site until the environmental review process is approved by Department. The agreement <br />to provide funds to the project is conditional on Department's or RSP's determination to proceed <br />with, modify or cancel the project based on the results of a subsequent environmental review. <br />E. Funds provided under this Contract may not be used in connection with <br />acquisition or rehabilitation or new construction of housing located in an area identified by the <br />Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the <br />locality in which the site is located is participating in the National Flood Insurance Program <br />(NFIP) or less than a year has passed since FEMA notification regarding such hazards and flood <br />insurance is obtained as a condition of approval of the commitment. RSP must determine if the <br />locality participates in the NFIP during the preliminary stages of the environmental clearance <br />process. <br />Section 6.2 Affirmative Marketing <br />RSP shall adopt affirmative marketing procedures and requirements. The affirmative <br />marketing procedures and requirements shall include, but not be limited to, those specified in 24 <br />C.F.R. §92351. The procedures and requirements shall be prepared and implemented in a <br />manner prescribed by Department. <br />Section 6.3 Labor Standards <br />A. Every contract for the construction (rehabilitation or new construction) of housing <br />that includes 12 or more units assisted with HOME funds must contain a provision in accordance <br />with 24 C.F.R. §92.354. Contracts involving their employment shall be subject to the provisions, <br />as applicable, of the Contract Work Hours and Safety Standards Act, 40 U.S.C. Sec. 328 to 334. <br />Construction contractors and subcontractors must comply with regulations issued under these <br />10 Of 25 2010-0015 <br />~;r <br />