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subsidence as a result of erosion or undermining caused by waved exceeding anticipated cyclical levels . These regulations are codified at 44 CFR Part 663 . Article XXV— Flood Disaster Protection Act of 1973 Recipients will comply with the requirements of the Flood Disaster Act of 1973 , as amended (42 U. S . C . 4001 et seq. ), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United Stated, unless the community participates in the National Flood Insurance Program and flood insurance is purchases within one year of the identification . The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Registry by FEMA. Article XXVI — Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Recipients will comply with the requirements of Executive Order 1190, which provides that federally funded construction and improvements minimize the destruction, loss or degradation of wetlands. The Executive Order provides that; in furtherance of Section 101 (b) (3 ) of NEPA (42 U. S . C . 433l (b) (3 )), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use . In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors . The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands . This is codified at 44CFR Part 9 . Article XXVII — USA Patriot Act of 2001 Recipients will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U . S . C . 1754 75c . Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 46