|
Federal Transit Administration Clauses
<br />
<br />30
<br />
<br />guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest
<br />percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
<br />competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
<br />acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
<br />services in a manner that maximizes energy and resource recovery; and establishing an affirmative
<br />procurement program for procurement of recovered materials identified in the EPA guidelines.
<br />43. ENVIRONMENTAL PROTECTION
<br />A. General. The Recipient agrees to, and assures that its Third-Party Participants will, comply with all
<br />applicable environmental and resource use laws, regulations, and requirements, and follow
<br />applicable guidance, now in effect or that may become effective in the future, including state and
<br />local laws, ordinances, regulations, and requirements and follow applicable guidance.
<br />B. National Environmental Policy Act. An Award of federal assistance requires the full compliance with
<br />applicable environmental laws, regulations, and requirements. Accordingly, the Recipient agrees to,
<br />and assures that its Third-Party Participants will:
<br />1. Comply and facilitate compliance with federal laws, regulations, and requirements, including,
<br />but not limited to:
<br />a. Federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139;
<br />b. The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321, et
<br />seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 CFR Part 1500 –
<br />1508;
<br />c. Joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 CFR
<br />Part 771 and 49 CFR Part 622;
<br />d. Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental
<br />Quality,” March 5, 1970, 42 U.S.C. § 4321 note (35 Fed. Reg. 4247); and
<br />e. Other federal environmental protection laws, regulations, and requirements applicable to
<br />the Recipient or the Award, the accompanying Underlying Agreement, and any
<br />Amendments thereto.
<br />2. Follow the federal guidance identified herein to the extent that the guidance is consistent with
<br />applicable authorizing legislation:
<br />a. Joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319,
<br />Accelerated Decision making in Environmental Reviews,” January 14, 2013;
<br />b. Joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review Process (Public
<br />Law 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and
<br />c. Other federal environmental guidance applicable to the Recipient or the Award, the
<br />accompanying Underlying Agreement, and any Amendments thereto.
<br />C. Environmental Justice. The Recipient agrees to, and assures that its Third-Party Participants will,
<br />promote environmental justice by following:
|