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<br /> at 40 U.S.C. § 3702, and implementing U.S. DOL regulations, "Labor Standards Provisions
<br /> Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor
<br /> Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work
<br /> Hours and Safety Standards Act)," 29 C.F.R. Part 5; and the safety requirements of Section 107
<br /> of that Act at 40 U.S.C. § 3704, and implementing U.S. DOL regulations, "Safety and Health
<br /> Regulations for Construction," 29 C.F.R. Part 1926; and
<br /> (3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874, and
<br /> implementing U.S. DOL regulations, "Contractors and Subcontractors on Public Building or
<br /> Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R.
<br /> Part 3.
<br /> b. Activities Not Involving Construction. The Contractor agrees to comply, and
<br /> assures the compliance of each third party contractor and each sub-recipient at any tier of the
<br /> Project, with the employee protection requirements for non-construction employees of the
<br /> Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in
<br /> particular the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702, and
<br /> with U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing
<br /> Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to
<br /> Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29
<br /> C.F.R. Part 5.
<br /> C. Activities Involving Commerce. The Contractor agrees that the provisions of
<br /> the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project
<br /> work involving commerce.
<br /> d. Public Transportation Employee Protective Arrangements for Projects in Non-
<br /> urbanized Areas Authorized by 49 U.S.C. & 5310. The Contractor agrees to comply with the
<br /> terms and conditions of the Special Warranty for the Non-urbanized Area Program agreed to by
<br /> the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing
<br /> procedures, and any revisions thereto.
<br /> Section 25. Environmental Protections. The Contractor recognizes that many Federal
<br /> and State laws imposing environmental and resource conservation requirements may apply to
<br /> the Project. Some, but not all, of the major Federal laws that may affect the Project include: the
<br /> National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the
<br /> Clean Air Act, as amended, 42 U.S.C. §§ 7401 through7671 q and scattered sections of Title 29,
<br /> United States Code; the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the
<br /> Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 through 6992k; the
<br /> Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42
<br /> U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title 23, United States
<br /> Code, and 49 U.S.C. chapter 53. The Contractor also recognizes that U.S. EPA, FHWA and
<br /> other Federal agencies have issued, and in the future are expected to issue, Federal regulations
<br /> and directives that may affect the Project. Thus, the Contractor agrees to comply, and assures
<br /> the compliance of each third party contractor, with any applicable Federal laws, regulations and
<br /> directives as the Federal Government are in effect now or become effective in the future, except
<br /> to the extent the Federal Government determines otherwise in writing. Listed below are
<br /> environmental provisions of particular concern to FTA and the Department. The Contractor
<br /> understands and agrees that those laws, regulations, and directives may not constitute the
<br /> Contractor's entire obligation to meet all Federal environmental and resource conservation
<br /> 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 /> 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. §4321
<br /> Revised 02/20/13
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