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5) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance <br />of being motivated by a desire for private gain for themselves or others, particularly those with whom they have <br />family, business or other ties. <br />6) It will comply with the provisions of the Hatch Act which limits the political activity of employees. <br />7) It will give the State, I.HCDA, HUD and the Comptroller General, through any authorized representatives, access to <br />and the right to examine all records, books, papers, or documents related to the loan. <br />RecipientRecipient <br />8) It will comply with: <br />A. The National Environmental Policy Act of 1969 (42 U.S.C. 4321) and 24 CFR 58, and in connection with <br />its performance of environmental assessments under the National Environmental Policy Act of 1969, <br />comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive <br />Order 11593, and the Preservation of Archaeological and Historical Data Act of 1966 (U.S.C. 469a-1) by: <br />1. Consulting with the State Historic Preservation Officer to identify properties listed in or eligible <br />for inclusion in the National Register of Historic Places that are subject to adverse affects (see 36 <br />CFR 800.8) by the proposed activity; and <br />2. Complying with all requirements established by the State and to avoid or mitigate adverse effects <br />upon such properties. <br />B. Executive Order 11989, Floodplain Management; <br />C. Executive Order 11990, Protection of Wetlands; <br />D. The Endangered Species Act of 1973, as amended, (16 U.S.C. 1531); <br />E. The Fish and Wildlife Coordination Act of 1958, as amended, (16 U.S.C. 661); <br />F. The Wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. 300f); <br />G. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. 7401); <br />H. Section 401(f) of the Lead -Based Paint Poisoning Prevention Act, as amended, (42 U.S.C. 4831(b)); <br />I. The Clean Air Act of 1970, as amended, (42 U.S.C. 7401); <br />J. The Federal Water Pollution Control Act of 1972, as amended, (33 U.S.C. 1251); <br />K. The Clean Water Act of 1977 (Public Law 95-217); <br />L. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 <br />U.S.C. 6901); and <br />M. Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) as it relates to the <br />mandatory purchase of flood insurance for special flood hazard areas. <br />9) It agrees to repay to the State of Indiana any funds under this program that, as the result of a HUD or State of <br />Indiana authorized audit, are found to have been spent in an unauthorized manner or for unauthorized activities. <br />10) It certifies that none of the funds being applied for will be used to substitute for any local, state, federal or private <br />dollars that have been committed to the project as proposed in this application, <br />11) It certifies that pursuant to 31 U.S.C. 1352, and any regulations promulgated thereunder: <br />A. No federal appropriated fiords have been paid or will be paid, by or on behalf of the Recipient, to any <br />person for influencing or attempting to influence an officer or employee of any agency, a Member of <br />Congress, an officer or employee of Congress, or an employee of any Federal grant, the making of any <br />Federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, <br />amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. <br />B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for <br />influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an <br />officer or employee of Congress, or an employee of a Member of Congress in connection with the <br />LEAD- CITY of SOUTH BEND LD-018-003 <br />Recapture Page 22 of23 <br />