|
Federal Transit Administration Clauses
<br />
<br />31
<br />
<br />1. Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority
<br />Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, (59 Fed.
<br />Reg. 7629, 3 C.F.R. 1994 Comp., p. 859) as well as facilitating compliance with that Executive
<br />Order;
<br />2. U.S. DOT Order 5610.2(a), “Department of Transportation Updated Environmental Justice
<br />Order,” 77 Fed. Reg. 27534, May 10, 2012; and
<br />3. The most recent edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for
<br />Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with
<br />applicable federal laws, regulations, requirements, and guidance.
<br />D. Other Environmental Federal Laws. The Recipient agrees to comply or facilitate compliance, and
<br />assures that its Third Party Participants will comply or facilitate compliance, with all applicable
<br />federal laws, regulations, and requirements, and will follow applicable guidance, including, but not
<br />limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone
<br />Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery
<br />Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive
<br />Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to
<br />“Protection of Wetlands,” and Executive Order No. 11988, as amended, “Floodplain Management.”
<br />E. Corridor Preservation. The Recipient agrees that:
<br />1. It will not develop any right-of-way acquired under 49 U.S.C. § 5323(q) in anticipation of
<br />implementing its Award until all required environmental reviews for each Project or related
<br />activities have been completed; and
<br />2. It will follow FTA Final Guidance on the Application of 49 U.S.C § 5323(q) to Corridor
<br />Preservation for a Transit Project, October 27, 2014.
<br />F. Use of Certain Public Lands. The Recipient agrees to comply, and assures that its Third Party
<br />Participants will comply, with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as
<br />“section 4(f)”), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and
<br />Waterfowl Refuges, and Historic Sites,” 23 CFR Part 774, and referenced in 49 CFR Part 622.
<br />G. Historic Preservation. The Recipient agrees to, and assures that its Third-Party Participants will:
<br />1. Comply with U.S. DOT laws, including 49 U.S.C. § 303 (often referred to as “section 4(f)”), which
<br />requires certain findings be made before an Award may be undertaken if it involves the use of
<br />any land from a historic site that is on or eligible for inclusion on the National Register of
<br />Historic Places.
<br />2. Encourage compliance with the federal historic and archaeological preservation requirements
<br />of section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. § 306108.
<br />3. Comply with the Archeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. §
<br />312501, et seq.
<br />4. Comply with U.S. Advisory Council on Historic Preservation regulations, “Protection of Historic
<br />Properties,” 36 CFR Part 800.
|