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to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL <br />implementing procedures, and any revisions thereto. <br />Section 25. Environmental Protections The Contractor recognizes that many Federal and <br />State laws imposing environmental and resource conservation requirements may apply to the <br />Project. Some, but not all, of the major Federal laws that may affect the Project include: the <br />National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the <br />Clean Air Act, as amended, 42 U.S.C. §§ 7401 through7671 q and scattered sections of Title <br />29, United States Code; the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; <br />the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 through <br />6992k; the Comprehensive Environmental Response, Compensation, and Liability Act, as <br />amended, 42 U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title <br />23, United States Code, and 49 U.S.C. chapter 53. The Contractor also recognizes that U.S. <br />EPA, FHWA and other Federal agencies have issued, and in the future are expected to issue, <br />Federal regulations and directives that may affect the Project. Thus, the Contractor agrees to <br />comply, and assures the compliance of each third party contractor, with any applicable Federal <br />laws, regulations and directives as the Federal Government are in effect now or become <br />effective in the future, except to the extent the Federal Government determines otherwise in <br />writing. Listed below are environmental provisions of particular concern to FTA and the <br />Department.. The Contractor understands and agrees that those laws, regulations, and <br />directives may not constitute the Contractor's entire obligation to meet all Federal <br />environmental and resource conservation requirements. <br />a. National Environmental Policy Federal assistance is contingent upon the <br />Contractor's facilitating FTA's compliance with all applicable requirements and implementing <br />regulations of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C. <br />§§ 4321 through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. <br />11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. § <br />4321 note; FTA statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental <br />Quality regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; <br />and joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. <br />Part 771 and 49 C.F.R. Part 622, and subsequent Federal environmental protection <br />regulations that may be promulgated. As a result of enactment of 23 U.S.C. §§ 139 and 326 <br />as well as to amendments to 23 U.S.C. § 138, environmental decision - making requirements <br />imposed on FTA projects to be implemented consistent with the joint FHWA/FTA document, <br />"Interim Guidance for Implementing Key SAFETEA -LU Provisions on Planning, Environment, <br />and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and any <br />subsequent applicable Federal directives that may be issued, except to the extent that FTA <br />determines otherwise In writing. <br />b. Air Quality Except to the extent the Federal Government determines otherwise in <br />writing, the Contractor agrees to comply with all applicable Federal laws, regulations, and <br />directives implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671q, <br />and: <br />(1) The Contractor agrees to comply with the applicable requirements of Section <br />176(c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the joint FHWA/FTA <br />document, "Interim Guidance for Implementing Key SAFETEA -LU Provisions on Planning, <br />Environment, and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and <br />any subsequent applicable Federal directives that may be issued; with U.S. EPA regulations,.. <br />"Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and <br />Projects Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40 <br />C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal <br />Implementation Plans," 40 C.F.R. Part 93, and any subsequent Federal conformity regulations <br />Updated 3/01/11 Page 30 of 41 <br />Attachment number 2 <br />F -8 Page 164 <br />