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The certification in this clause is a material representation of fact relied upon by the <br /> Department . If it is later determined by the Department that the Subrecipient knowingly <br /> rendered an erroneous certification , in addition to remedies available to the Department , <br /> the Federal Government may pursue available remedies , including but not limited to <br /> suspension and /or debarment . The Subrecipient agrees to comply with the requirements <br /> of 2 CFR part 180 , subpart C , as supplemented by 2 CFR part 1200 , throughout the <br /> period of this Agreement . The Subrecipient further agrees to include a provision requiring <br /> such compliance in its lower tier covered transactions . These provisions apply to each <br /> contract at any tier of $ 25 , 000 or more , and to each contract at any tier for a federally <br /> required audit ( irrespective of the contract amount) , and to each contract at any tier that <br /> must be approved by an FTA official irrespective of the contract amount . <br /> Lobbying Restrictions . The Subrecipient agrees that neither it nor any third - party <br /> participant will use federal assistance to influence any officer or employee of a federal <br /> agency , member of Congress or an employee of a member of Congress , or officer or <br /> employee of Congress on matters that involve this agreement , including any extension or <br /> modification , according to the following : <br /> ( 1 ) Laws , Regulations , Requirements , and Guidance . This includes : <br /> ( a ) The Byrd Anti - Lobbying Amendment , 31 USC § 1352 , as amended , <br /> ( b ) U . S . DOT regulations , " New Restrictions on Lobbying , " 49 CFR part 20 , to the extent <br /> consistent with 31 USC § 1352 , as amended , and <br /> ( c) Other applicable federal laws , regulations , requirements , and guidance prohibiting the <br /> use of federal assistance for any activity concerning legislation or appropriations designed <br /> to influence the U . S . Congress or a state legislature , and <br /> ( 2 ) Exception . If permitted by applicable federal law , regulations , requirements , or <br /> guidance , such lobbying activities described above may be undertaken through the <br /> subrecipient ' s proper official channels . <br /> The Subrecipient agrees to submit a signed and dated Certification on Lobbying that <br /> appears in the attachment . <br /> Clean Air Act and Federal Water Pollution Control Act . The Subrecipient agrees : <br /> 1 ) It will not use any violating facilities ; <br /> 2 ) It will report the use of facilities placed on or likely to be placed on the U . S . EPA " List <br /> of Violating Facilities ; " <br /> 3 ) It will report violations of use of prohibited facilities to FTA ; and <br /> 4 ) It will comply with the inspection and other requirements of the Clean Air Act , as <br /> amended , (42 USC § § 7401 — 7671 q ) ; and the Federal Water Pollution Control Act as <br /> amended , ( 33 USC § § 1251 - 1387 ) . <br /> NCDOT PTD Federal Agreement Page 18 of 23 <br /> Revised 6/28/2018 <br />