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Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R.
<br />Part 3.
<br />b. Activities Not Involving Construction. The Contractor agrees to comply, and
<br />assures the compliance of each third party contractor and each subrecipient at any tier of the
<br />Project, with the employee protection requirements for nonconstruction employees of the
<br />Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in
<br />particular the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702, and
<br />with U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing
<br />Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to
<br />Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29
<br />C.F.R. Part 5.
<br />C. Activities Involving Commerce. The Contractor agrees that the provisions of
<br />the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project
<br />work involving commerce.
<br />d. Public Transportation Employee Protective Arrangements for Projects in
<br />Nonurbanized Areas Authorized by 49 U.S.C. � 5311. The Contractor agrees to comply with
<br />the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to
<br />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 20. 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 through7671q and scattered sections of Title 29,
<br />United States Code; the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the
<br />Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 through 6992k; the
<br />Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42
<br />U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title 23, United States
<br />Code, and 49 U.S.C. chapter 53. The Contractor also recognizes that U.S. EPA, FHWA and
<br />other Federal agencies have issued, and in the future are expected to issue, Federal regulations
<br />and directives that may affect the Project. Thus, the Contractor agrees to comply, and assures
<br />the compliance of each third party contractor, with any applicable Federal laws, regulations and
<br />directives as the Federal Government are in effect now or become effective in the future, except
<br />to the extent the Federal Government determines otherwise in writing. Listed below are
<br />environmental provisions of particular concern to FTA and the Department. The Contractor
<br />understands and agrees that those laws, regulations, and directives may not constitute the
<br />Contractor's entire obligation to meet all Federal environmental and resource conservation
<br />requirements.
<br />a. National Environmental Policv. 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. § 4321
<br />note; FTA statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality
<br />regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint
<br />FHWA/FTA regulations, "Environmental Impact and Related Procedures, 23 C.F.R. Part 771
<br />and 49 C.F.R. Part 622, and subsequent Federal environmental protection regulations that may
<br />be promulgated. As a result of enactment of 23 U.S.C. §§ 139 and 326 as well as to
<br />amendments to 23 U.S.C. § 138, environmental decision making requirements imposed on FTA
<br />projects to be implemented consistent with the joint FHWA/FTA document, "Interim Guidance
<br />for Implementing Key SAFETEA -LU Provisions on Planning, Environment, and Air Quality for
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