(10) FTA regulations, "Transportation for Elderly and Handicapped
<br /> Persons,"49 C.F.R. Part 609; and
<br /> (11) Federal civil rights and nondiscrimination directives implementing the
<br /> foregoing regulations.
<br /> g. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the
<br /> extent applicable, the Contractor agrees to comply with the confidentiality and other civil rights
<br /> protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et
<br /> seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
<br /> Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912,
<br /> as amended, 42 U.S.C. §§ 201dd -290dd-2 et seq, and any subsequent amendments to these acts.
<br /> h. Access to Services for Persons with Limited English Proficiency. To the extent
<br /> applicable and except to the extent that the Department determines otherwise in writing, the Contractor
<br /> agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for
<br /> Persons with Limited English Proficiency," 42 U.S.C. § 2000d-1 note, and with the provisions of U.S.
<br /> 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.
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