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Federal Transit Administration Clauses
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<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:
<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.
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