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• Listed in or eligible for listing in the NRHP (either individually or as part of a district); • Any project involving ground disturbing activity (excavation, utility installation, etc.). It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation. Intentional efforts to circumvent these requirements by altering or damaging a historic property that is a candidate for federal grant funding will be construed as "anticipatory demolition" as defined in section 1 l Ok of the NHPA as follows: Section 110 [16 U.S.C. 470h -2(k) -- Anticipatory demolition]; (k) Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of section 106 of this Act, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the agency, after consultation with the [Advisory Council on Historic Preservation], determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. Initiating a grant funded project before reviews required under Section 106 of the NHPA have been completed may cause significant delays in the release of grant funds, require negotiated mitigation, or result in an outright loss of federal funding. 19 Disadvantaged Business Enterprises Projects funded in whole or in part from funds received by the Grantee directly from this grant contract must, to the extent practicable, ensure that bidding contractors are qualified and participate in available apprentice and training programs for all work performed. Bidding for contracts must, to the extent practicable, use the process established in Minnesota Statutes, section 16C.16, subdivision 4, 5, 6 and 7, except that subdivision 12 does not apply. 20 Buy American The Grantee confirms that, if applicable, it is in compliance with the Buy American provision in the American Reinvestment and Recovery Act of 2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain exceptions, no funds appropriated or otherwise made available for a project may be used for the construction, alteration, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. A Grantee requesting a determination regarding the inapplicability of the Buy American restrictions for lack of quantity or quality, increase of cost of the project by more than 25 percent, or inconsistency with the public interest, must be submitted to the State prior to the execution of the grant agreement. The prospective Grantee shall include the information and applicable supporting data required by 2 CFR 176.140(c) and (d) in the request. Exceptions must be approved by the State and the United States Department of Energy. Additional information, including category exclusions and exceptions, on Buy American can be found at: wwwl.eere.energy.gov/recovery/buy_american_provision.html. 21 Reporting Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act funds must comply with the extensive reporting requirements." Laws of Minnesota 2009, Chapter 138, Article 5, Section 2 (accountability and transparency reporting) specifies additional recipient reporting requirements related to ARRA funding. A) Monthly, the Grantee must submit progress reports detailing the progress and tasks completed of the grant agreement funded in whole, or in part, with ARRA funding including percent of project completion to the State by the 5th day of each month for the preceding month's work. G -City of Lino Lakes - Commerce 5 Grant (Rey. 08 /10) -49-