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provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal
<br />Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. §
<br />7606 note.
<br />c. Clean Water. Except to the extent the Federal Government determines
<br />otherwise in writing, the Contractor agrees to comply with all applicable Federal regulations
<br />and directives issued pursuant to the Clean Water Act, as amended, 33 U.S.C. §§ 1251
<br />through 1377. In addition:
<br />(1) The Contractor agrees to protect underground sources of
<br />drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as
<br />amended, 42 U.S.C. §§ 300f through 300j-6.
<br />(2) The Contractor agrees to comply with notice of violating facility
<br />provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal
<br />Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. §
<br />7606 note.
<br />d. Use of Public Lands. The Contractor agrees that in implementing its Project,
<br />it will not use any publicly owned land from a park, recreation area, or wildlife or watertowl
<br />refuge of national, State, or local significance as determined by the Federal, State, or local
<br />officials having jurisdiction thereof, and it will not use any land from a historic site of national,
<br />state, or local significance, unless the Federal Government makes the findings required by 49
<br />U.S.C. §§ 303(b) and 303(c). The Contractor also agrees to comply with joint FHWA/FTA
<br />regulations, "Parks, Recreation Areas, Wildlife and Watertowl Refuges, and Historic Sites," 23
<br />C.F.R. Parts 771 and 774, and 49 C.F.R. Part 622, when promulgated.
<br />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
<br />the extent applicable, to comply with U.S. Forest Service regulations, "Wild and Scenic Rivers,"
<br />36 C.F.R. Part 297, and with U.S. Bureau of Land Management regulations, "Management
<br />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 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
<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 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
<br />National Historic Preservation Act, as amended, 16 U.S.C. § 470f; with Executive Order Na.
<br />11593, "Protection and Enhancement of the Cultural Environment," 16 U.S.C. § 470 note; and
<br />with the Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a
<br />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 Contractor
<br />agrees to consult with the State Historic Preservation Officer concerning investigations to
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