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Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds , (1 ) New construction ; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain ; (3) A renovation , lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or ( b) significantly change its size ; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used , for example, in office, household, recreational, or educational environments . b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U . S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549 , Debarment and Suspension (34 CFR, Part 85, Section 85 .510, Participant's Responsibilities) . These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended , declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69 , "New Restrictions on Lobbying " and shall file the most current edition of the Certification And Disclosure Form , if applicable , with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $ 100,000 or more ; or federal loan of $ 150 ,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352 , Title 31 , United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $ 10,000 and not more than $ 100 ,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that : SFY2008 Page 71 Rule Reference 71 D-9. 006 OCJG-005 (rev. October 2005)