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DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient
<br /> (LEP) Beneficiaries," 70Fed. Reg. 74087 et seq., December 14, 2005.
<br /> i. Environmental Justice. The Contractor agrees to comply with the policies of
<br /> Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations
<br /> and Low-Income Populations," 42 U.S.C. § 4321 note, except to the extent that the Department
<br /> determines otherwise in writing.
<br /> i. Other Nondiscrimination Laws. The Contractor agrees to comply with all applicable
<br /> provisions of other Federal laws, regulations, and directives pertaining to and prohibiting discrimination
<br /> that are applicable, except to the extent the Department determines otherwise in writing.
<br /> Section 12. Planning and Private Enterprise.
<br /> a. General. To the extent applicable, the Contractor agrees to implement the Project in
<br /> a manner consistent with the plans developed in compliance with the Federal
<br /> planning and private enterprise provisions of the following:
<br /> (1) 49 U.S.C. §§ 5303, 5304, 5306, and 5323(a)(1);
<br /> (2) Joint Federal Highway Administration (FHWA)/FTA document,
<br /> "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning,
<br /> Environment, and Air Quality for Joint FHWA/FTA Authorities," dated
<br /> September 2, 2005, as amended by joint FHWA/FTA guidance, "SAFETEA-LU
<br /> Deadline for New Planning Requirements (July 1, 2007)," dated May 2, 2006
<br /> [clarifying Guidance on Implementation of SAFETEA-LU Planning Provisions],
<br /> and subsequent Federal directives implementing SAFETEA-LU, except to the
<br /> extent FTA determines otherwise in writing;
<br /> (3) Joint FHWA/FTA regulations, "Planning Assistance and
<br /> Standards,"23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent that those
<br /> regulations are consistent with the SAFETEA-LU amendments to public
<br /> transportation planning and private enterprise laws, and subsequent
<br /> amendments to those regulations that may be promulgated; and
<br /> (4) FTA regulations, "Major Capital Investment Projects,"49 C.F.R.
<br /> Part 611, to the extent that those regulations are consistent with the
<br /> SAFETEA-LU amendments to the public transportation planning and private
<br /> enterprise laws, and any subsequent amendments to those regulations that
<br /> may be subsequently promulgated.
<br /> b. Governmental and Private Nonprofit Providers of Nonemergency Transportation. In
<br /> addition to providing opportunities to participate in planning as described in Subsection 12a of this
<br /> Agreement, to the extent feasible the Contractor agrees to comply with the provisions of 49 U.S.C. §
<br /> 5323(k), which afford governmental agencies and nonprofit organizations that receive Federal
<br /> assistance for nonemergency transportation from Federal Government sources (other than U.S. DOT)
<br /> an opportunity to be included in the design, coordination, and planning of transportation services.
<br /> C. Infrastructure Investment. During the implementation of the Project, the Contractor
<br /> agrees to take into consideration the recommendations of Executive Order No. 12803, "Infrastructure
<br /> Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893, "Principles for Federal
<br /> Infrastructure Investments," 31 U.S.C. § 501 note.
<br /> Section 13. Preference for United States Products and Services. To the extent applicable, the
<br /> Contractor agrees to comply with the following U.S. domestic preference requirements:
<br /> a. Buy America. The Contractor agrees to comply with 49 U.S.C. § 53230) and FTA
<br /> regulations, 'Buy America Requirements," 49 C.F.R. Part 661 to the extent those regulations are
<br /> consistent with SAFETEA-LU provisions, and subsequent amendments to those regulations that may
<br /> be promulgated. The Contractor also agrees to comply with FTA directives to the extent those
<br /> directives are consistent with SAFETEA-LU provisions, except to the extent that FTA or the Department
<br /> determines otherwise in writing.
<br /> b. Cargo Preference-Use of United States-Flag Vessels. The Contractor agrees to
<br /> comply with U.S. Maritime Administration regulations, "Cargo Preference-U.S.-Flag Vessels,"46 C.F.R.
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