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are expected to issue, Federal regulations and directives that may affect the Project. Thus,
<br />the Contractor agrees to comply, and assures the compliance of each third party contractor,
<br />with any applicable Federal laws, regulations and directives as the Federal Government are in
<br />effect now or become effective in the future, except to the extent the Federal Government
<br />determines otherwise in writing. Listed below are environmental provisions of particular
<br />concern to FTA and the Department. The Contractor understands and agrees that those laws,
<br />regulations, and directives may not constitute the Contractor's entire obligation to meet all
<br />Federal environmental and resource conservation requirements.
<br />a. National Environmental Policy. 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 />,~
<br />11514, as amended, Protection and Enhancement of Environmental Quality," 42 U.S.C. §
<br />4321 note; FTA statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental
<br />Quality regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508;
<br />and joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R.
<br />Part 771 .and 49 C.F.R. Part 622, and subsequent Federal environmental protection
<br />regulations that may be promulgated. The recipient agrees to comply with the applicable
<br />provisions of 23 U.S.C. _139 pertaining to environmental procedures, and 23 U.S. C. 326
<br />pertaining to State responsibility for categorical exclusions, in accordance with the provisions
<br />of joint FHWA/FTA final guidance, "SAFETEA-LU Environmental Review Process (Public Law
<br />109-59)," 71 Fed. Reg. 6676 et seq, November 15, 2006, and any applicable Federal
<br />directives that may be issued at a later date, except to the extent that FTA or the Department
<br />deem otherwise in writing.
<br />b. Air Quality. Except to the extent the Federal Government determines
<br />otherwise in writing, the Contractor agrees to comply with all applicable Federal laws,
<br />regulations, and directives implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401
<br />through 7671 q, and:
<br />(1) The Contractor agrees to comply with the applicable requirements of
<br />Section 176(c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the joint FHWA/FTA
<br />document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning,
<br />Environment, and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and
<br />any subsequent applicable Federal directives that may be issued; with U.S. EPA regulations,
<br />"Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and
<br />Projects Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40
<br />C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal
<br />Implementation Plans," 40 C.F.R. Part 93, and any subsequent Federal conformity regulations
<br />that may be promulgated. To support the requisite air quality conformity finding for the Project,
<br />the Contractor agrees to implement each air quality mitigation or control measure incorporated
<br />in the Project. The Contractor further agrees that any Project identified in an applicable State
<br />Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent with
<br />the design concept and scope of the Project described in the SIP.
<br />(2) U.S. EPA also imposes requirements implementing the Clean -Air Act,
<br />as amended, which may apply to public transportation operators, particularly operators of large
<br />public transportation bus fleets. Accordingly, the Contractor agrees to comply with the
<br />following U.S. EPA regulations to the extent they apply to the Project: "Control of Air Pollution
<br />from Mobile Sources," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor
<br />Vehicles and New and In-Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy
<br />of Motor Vehicles," 40 C.F.R. Part 600.
<br />(3) The Contractor agrees to comply with notice of violating facility
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