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 />
|