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L Endangered Species and Fisheries Conservation The Contractor 'agrees to
<br />comply with protections for endangered species set forth in the Endangered Species Act of
<br />1973, as amended, 16 U.S.C. §§ 1531 through 1544, and the Magnuson Stevens Fisheries
<br />Conservation Act, as amended, 16 U.S.C. §§ 1801 et seq.
<br />j. Historic Preservation The Contractor agrees to encourage compliance with the
<br />Federal historic and archaeological preservation requirements of Section 106 of the National
<br />Historic Preservation Act, as amended, 16 U.S.C. § 470f; with Executive Order No. 11593,
<br />Protection and Enhancement of the Cultural Environment," 16 U.S.C. § 470 note; and with the
<br />Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through
<br />469c, as follows:
<br />(1) In accordance with U.S. Advisory Council on Historic Preservation
<br />regulations, 'Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Contractor
<br />agrees to consult with the State Historic Preservation Officer concerning investigations to
<br />identify properties and resources included in or eligible for inclusion in the National Register of
<br />Historic Places that may be affected by the Project, and agrees to notify FTA of those
<br />properties that are affected.
<br />(2) The Contractor agrees to comply with all applicable Federal regulations and
<br />directives to avoid or mitigate adverse effects on those historic properties, except to the extent
<br />the Federal Government determines otherwise in writing.
<br />k. Indian Sacred Sites The Contractor agrees to facilitate compliance with the
<br />preservation of places and objects of religious importance to American Indians, Eskimos,
<br />Aleuts, and Native Hawaiians, in compliance with the American Indian Religious Freedom Act,
<br />42 U.S.C. § 1996, and with Executive Order No. 13007, "Indian Sacred Sites," 42 U.S.C. §
<br />1996 note, except to the extent the Federal Government determines otherwise in writing.
<br />i. Mitigation of Adverse Environmental Effects Should the proposed Project cause
<br />or result in adverse environmental effects, the Contractor agrees to take all reasonable
<br />measures to minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b),
<br />and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R.
<br />Part 622. The Contractor agrees to comply with all environmental mitigation measures that
<br />may be identified as commitments in applicable environmental documents, (i.e., environmental
<br />assessments, environmental impact statements, memoranda of agreement, and other
<br />documents as required by 49 U.S.C. § 303) and agrees to comply with any conditions the
<br />Federal Government might impose in a finding of no significant impact or record of decision.
<br />The Contractor agrees that those environmental mitigation measures are incorporated by
<br />reference and made part of this Agreement for the Project. The Contractor also agrees that
<br />any deferred mitigation measures will be incorporated by reference and made part of this
<br />Agreement for the Project as soon as agreement with the Federal Government is reached.
<br />The Contractor agrees that those mitigation measures agreed upon may not be modified or
<br />withdrawn without the express written approval of the Federal Government.
<br />Section 26. Energy Conservation The Contractor agrees to comply with the North Carolina
<br />Energy Policy Act of 1975 (N.C.G.S. 1138) Issued in accordance with the Energy Policy and
<br />Conservation Act, as amended, S.
<br />U.S.C. §§ 6321 et seq., except to the extent that the
<br />Department determines otherwise in writing. To the extent applicable, the Contractor agrees to
<br />perform an energy assessment for any building constructed, reconstructed, or modified with
<br />FTA assistance, as provided in FTA regulations, "Requirements for Energy Assessments," 49
<br />C.F.R. Part 622, Subpart C.
<br />Section 27. Charter Service Operations FTA defines charter service as transportation using
<br />vehicles (buses or vans), equipment, or facilities funded under the Federal Mass Transit Act for
<br />a group of persons who pursuant to a common purpose, under a single contract, at a fixed
<br />Updated 3101/11
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<br />Attachment number 2
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