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Page 31 of 40
<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 waterfowl
<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 Waterfowl 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 the
<br /> extent applicable, to comply with U.S. Forest Service regulations, "Wild and Scenic Rivers," 36
<br /> C.F.R. Part 297, and with U.S. Bureau of Land Management regulations, "Management Areas,"
<br /> 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 protections
<br /> for wetlands in accordance with Executive Order No. 11990, as amended, "Protection of
<br /> 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 National
<br /> Historic Preservation Act, as amended, 16 U.S.C. § 470f; with Executive Order No. 11593,
<br /> "Protection and Enhancement of the Cultural Environment," 16 U.S.C. § 470 note; and with the
<br /> Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through
<br /> 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
<br /> identify properties and resources included in or eligible for inclusion in the National Register of
<br /> Historic Places that may be affected by the Project, and agrees to notify FTA of those properties
<br /> that are affected.
<br /> (2) The Contractor agrees to comply with all applicable Federal regulations
<br /> and directives to avoid or mitigate adverse effects on those historic properties, except to the
<br /> extent the Federal Government determines otherwise in writing.
<br /> k. Indian Sacred Sites. The Contractor agrees to facilitate compliance with the
<br /> preservation of places and objects of religious importance to American Indians, Eskimos,
<br /> Aleuts, and Native Hawaiians, in compliance with the American Indian Religious Freedom Act,
<br /> 42 U.S.C. § 1996, and with Executive Order No. 13007, "Indian Sacred Sites,"42 U.S.C. § 1996
<br /> note, except to the extent the Federal Government determines otherwise in writing.
<br /> I. Mitigation of Adverse Environmental Effects. Should the proposed Project
<br /> cause or result in adverse environmental effects, the Contractor agrees to take all reasonable
<br /> measures to minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b),
<br /> and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R.
<br /> Revised 02/20/13
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