|
e. Wild and Scenic Rivers. The Contractor agrees to comply with applicable
<br />provisions of the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. §§ 1271 through
<br />1287, relating to protecting components of the national wild and scenic rivers system; and to the
<br />extent applicable, to comply with U.S. Forest Service regulations, "Wild and Scenic Rivers," 36
<br />C.F.R. Part 297, and with U.S. Bureau of Land Management regulations, "Management Areas,"
<br />43 C.F.R. Part 8350.
<br />f. Coastal Zone Management. The Contractor agrees to assure Project
<br />consistency with the approved State management program developed under the Coastal Zone
<br />Management Act of 1972, as amended, 16 U.S.C. §§ 1451 through 1465.
<br />g. Wetlands. The Contractor agrees to facilitate compliance with the protections
<br />for wetlands in accordance with Executive Order No. 11990, as amended, "Protection of
<br />Wetlands," at 42 U.S.C. § 4321 note.
<br />h. Floodplains. The Contractor agrees to comply with the flood hazards
<br />protections in floodplains in accordance with Executive Order No. 11988, as amended,
<br />"Floodplain Management," 42 U.S.C. § 4321 note.
<br />i. 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
<br />the 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 properties
<br />that are affected.
<br />(2) The Contractor agrees to comply with all applicable Federal regulations
<br />and directives to avoid or mitigate adverse effects on those historic properties, except to the
<br />extent 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. § 1996
<br />note, except to the extent the Federal Government determines otherwise in writing.
<br />I. Mitigation of Adverse Environmental Effects. Should the proposed Project
<br />cause 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 may
<br />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 any
<br />deferred mitigation measures will be incorporated by reference and made part of this Agreement
<br />Page 30 of 36
<br />
|