41
<br />historic site of national, state, or local significance, unless the Federal Government makes
<br />the findings required by 49 U.S.C. §§ 303(b) and 303(c). The Contractor also agrees to
<br />comply with joint FHWA/FTA regulations, "Parks, Recreation Areas, Wildlife and Waterfowl
<br />Refuges, and Historic Sites," 23 C.F.R. Parts 771 and 774, and 49 C.F.R. Part 622, when
<br />promulgated.
<br />e. Wild and Scenic Rivers. The Contractor agrees to comply with
<br />applicable provisions of the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C.
<br />§§ 1271 through 1287, relating to protecting components of the national wild and scenic
<br />rivers system; and to the extent applicable, to comply with U.S. Forest Service regulations,
<br />"Wild and Scenic Rivers," 36 C.F.R. Part 297, and with U.S. Bureau of Land Management
<br />regulations, "Management Areas," 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
<br />Zone Management Act of 1972, as amended, 16 U.S.C. §§ 1451 through 1465.
<br />g. Wetlands. The Contractor agrees to facilitate compliance with the
<br />protections for wetlands in accordance with Executive Order No. 11990, as amended,
<br />"Protection of 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
<br />agrees to comply with protections for endangered species set forth in the Endangered
<br />Species Act of 1973, as amended, 16 U.S.C. §§ 1531 through 1544, and the Magnuson
<br />Stevens Fisheries Conservation Act, as amended, 16 U.S.C. §§ 1801 et seq.
<br />j. Historic Preservation. The Contractor agrees to encourage compliance
<br />with the Federal historic and archaeological preservation requirements of Section 106 of
<br />the National Historic Preservation Act, as amended, 16 U.S.C. § 470f; with Executive
<br />Order No. 11593, "Protection and Enhancement of the Cultural Environment," 16 U.S.C. §
<br />470 note; and with the Archaeological and Historic Preservation Act of 1974, as amended,
<br />16 U.S.C. §§ 469a through 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
<br />Contractor agrees to consult with the State Historic Preservation Officer concerning
<br />investigations to identify properties and resources included in or eligible for inclusion in the
<br />National Register of Historic Places that may be affected by the Project, and agrees to
<br />notify FTA of those properties that are affected.
<br />(2) The Contractor agrees to comply with all applicable Federal
<br />regulations and directives to avoid or mitigate adverse effects on those historic properties,
<br />except to the extent the Federal Government determines otherwise in writing.
<br />k. Indian Sacred Sites. The Contractor agrees to facilitate compliance with
<br />the preservation of places and objects of religious importance to American Indians,
<br />Eskimos, Aleuts, and Native Hawaiians, in compliance with the American Indian Religious
<br />Freedom Act, 42 U.S.C. § 1996, and with Executive Order No. 13007, "Indian Sacred
<br />Sites," 42 U.S.C. § 1996 note, except to the extent the Federal Government determines
<br />otherwise in writing.
<br />I. Mitigation of Adverse Environmental Effects. Should the proposed
<br />Project cause or result in adverse environmental effects, the Contractor agrees to take all
<br />reasonable measures to minimize the impact of those adverse effects, as required by 49
<br />U.S.C. § 5324(b), and other applicable Federal laws and regulations, including 23 C.F.R.
<br />Part 771 and 49 C.F.R. Part 622. The Contractor agrees to comply with all environmental
<br />mitigation measures that may be identified as commitments in applicable environmental
<br />Revised 1/6/10
<br />
|