Appendix B to Part 1122 - Terms and Conditions for NP Article II, “Environmental National Policy Requirements”
2:1.2.8.5.9.2.64.6.25 : Appendix B
Appendix B to Part 1122 - Terms and Conditions for NP Article II,
“Environmental National Policy Requirements”
A DoD Component must use the following wording for NP Article II
of its general terms and conditions in accordance with the
provisions of Subpart B of this part.
NP Article II. Environmental national policy requirements.
(December 2014)
Section A. Cross-cutting environmental requirements. You
must:
1. You must comply with all applicable Federal environmental
laws and regulations. The laws and regulations identified in this
section are not intended to be a complete list.
2. Comply with applicable provisions of the Clean Air Act (42
U.S.C. 7401, et seq.) and Clean Water Act (33 U.S.C. 1251,
et seq.).
3. Comply with applicable provisions of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4821-4846), as implemented by
the Department of Housing and Urban Development at 24 CFR part 35.
The requirements concern lead-based paint in buildings owned by the
Federal Government or housing receiving Federal assistance.
4. Immediately identify to us, as the Federal awarding agency,
any potential impact that you find this award may have on:
a. The quality of the “human environment”, as defined in 40 CFR
1508.14, including wetlands; and provide any help we may need to
comply with the National Environmental Policy Act (NEPA, at 42
U.S.C. 4321 et seq.), the regulations at 40 CFR 1500-1508,
and E.O. 12114, if applicable; and assist us to prepare
Environmental Impact Statements or other environmental
documentation. In such cases, you may take no action that will have
an environmental impact (e.g., physical disturbance of a
site such as breaking of ground) or limit the choice of reasonable
alternatives to the proposed action until we provide written
notification of Federal compliance with NEPA or E.O. 12114.
b. Flood-prone areas and provide any help we may need to comply
with the National Flood Insurance Act of 1968, as amended by the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et
seq.), which require flood insurance, when available, for
federally assisted construction or acquisition in flood-prone
areas.
c. A land or water use or natural resource of a coastal zone
that is part of a federally approved State coastal zone management
plan and provide any help we may need to comply with the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451, et seq.)
including preparation of a Federal agency Coastal Consistency
Determination.
d. Coastal barriers along the Atlantic and Gulf coasts and Great
Lakes' shores and provide help we may need to comply with the
Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.),
concerning preservation of barrier resources.
e. Any existing or proposed component of the National Wild and
Scenic Rivers system and provide any help we may need to comply
with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et
seq.).
f. Underground sources of drinking water in areas that have an
aquifer that is the sole or principal drinking water source and in
wellhead protection areas, and provide any help we may need to
comply with the Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
5. You must comply fully with the Endangered Species Act of
1973, as amended (ESA, at 16 U.S.C. 1531 et seq.), and
implementing regulations of the Departments of the Interior (50 CFR
parts 10-24) and Commerce (50 CFR parts 217-227). You also must
provide any help we may need in complying with the consultation
requirements of ESA section 7 (16 U.S.C. 1536) applicable to
Federal agencies or any regulatory authorization we may need based
on the award of this grant. This is not in lieu of responsibilities
you have to comply with provisions of the Act that apply directly
to you as a U.S. entity, independent of receiving this award.
6. You must fully comply with the Marine Mammal Protection Act
of 1972, as amended (MMPA, at 16 U.S.C. 1361 et seq.) and
provide any assistance we may need in obtaining any required MMPA
permit based on an award of this grant.
Section B. [Reserved]