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regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R: Part
<br />622, and subsequent Federal environmental protection regulations that may be promulgated.
<br />The Recipient agrees to comply with the applicable provisions of 23 U.S.C. Section 139 pertaining to
<br />environmental procedures, and 23 U.S.C. Section 326, pertaining to State responsibility for categorical
<br />exclusions, in accordance with the provisions of joint FHWA/FTA final guidance, "SAFETA-LU
<br />Environmental Review Process (Public Law 109-59)," 71 fed. Reg. 66576 et seq., November 15, 2006
<br />and any applicable Federal directives that may be issued at a later date, except to the extent that FTA
<br />determines otherwise in writing.
<br />b. Air Quality. Except to the extent the Federal Government determines otherwise in
<br />writing, the Contractor agrees to comply with all applicable Federal laws, regulations, and directives
<br />implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671 q, and:
<br />(1) The Contractor agrees to comply with the applicable requirements of Section
<br />176(c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the. joint FHWA/FTA document,
<br />"Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air
<br />Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and any subsequent applicable
<br />Federal directives that may be issued; with U.S. EPA regulations, "Conformity to State or Federal
<br />Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or
<br />Approved Under Title 23 US.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and
<br />"Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part
<br />93, and any subsequent Federal conformity regulations that may be promulgated. To support the
<br />requisite air quality conformity finding for the Project, the Contractor agrees to implement each air
<br />quality mitigation or control measure incorporated in the Project. The Contractor further agrees that
<br />any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control
<br />Measure will be wholly consistent with the design concept and scope of the Project described in the
<br />SIP.
<br />(2) U.S. EPA also imposes requirements implementing the Clean Air Act, as
<br />amended, which may apply to public transportation operators, particularly operators of large public
<br />transportation bus fleets. Accordingly, the Contractor agrees to comply with the following U.S. EPA
<br />regulations to the extent they apply to the Project: "Control of Air Pollution from Mobile Sources," 40
<br />C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use
<br />Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600.
<br />(3) The Contractor agrees to comply with notice of violating facility provisions of
<br />Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution
<br />Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note.
<br />c. Clean Water. Except to the extent the Federal Government determines otherwise in
<br />writing, the Contractor agrees to comply with all applicable Federal regulations and directives issued
<br />pursuant to the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377. In addition:
<br />(1) The Contractor agrees to protect underground sources of drinking water
<br />consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f
<br />through 300j-6.
<br />(2) The Contractor agrees to comply with notice of violating facility provisions of
<br />Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution
<br />Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note.
<br />d. Use of Public Lands. The Contractor agrees that in implementing its Project, it will
<br />not use any publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national,
<br />State, or local significance as determined by the Federal, State, or local officials having jurisdiction
<br />thereof, and it will not use any land from a historic site of national, state, or local significance, unless the
<br />Federal Government makes the findings required by 49 U.S.C. §§ 303(b) and 303(c). The Contractor
<br />also agrees to comply with joint FHWA/FTA regulations, "Parks, Recreation Areas, Wildlife and
<br />Waterfowl Refuges, and Historic Sites," 23 C.F.R. Parts 771 and 774, and 49 C.F.R. Part 622, when
<br />promulgated.
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