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(3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874 and 40 U.S.C.
<br /> Section 3145 and implementing U.S. DOL regulations, "Contractors and Subcontractors on Public
<br /> Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29
<br /> C.F.R. Part 3.
<br /> b. Activities Not Involving Construction. The Contractor agrees to comply, and assures
<br /> the compliance of each third party contractor and each subrecipient at any tier of the Project, with the
<br /> employee protection requirements for nonconstruction employees of the Contract Work Hours and
<br /> Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in particular the wage and hour
<br /> requirements of Section 102 of that Act at 40 U.S.C. § 3702, and with U.S. DOL regulations, "Labor
<br /> Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
<br /> (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract
<br /> Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
<br /> C. Activities Involving Commerce. The Contractor agrees that the provisions of the Fair
<br /> Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project work involving
<br /> commerce.
<br /> d. Public Transportation Employee Protective Arrangements for Projects in
<br /> Nonurbanized Areas Authorized by 49 U.S.C. $ 5311. The Contractor agrees to comply with the terms
<br /> and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S.
<br /> Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing procedures, and
<br /> any revisions thereto.
<br /> Section 22. Environmental Protections. The Contractor recognizes that many Federal and
<br /> State laws imposing environmental and resource conservation requirements may apply to the Project.
<br /> Some, but not all, of the major Federal laws that may affect the Project include: the National
<br /> Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as
<br /> amended, 42 U.S.C. §§ 7401 through7671q and scattered sections of Title 29, United States Code; the
<br /> Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the Resource Conservation and
<br /> Recovery Act, as amended, 42 U.S.C. §§ 6901 through 6992k; the Comprehensive Environmental
<br /> Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 through 9675, as well as
<br /> environmental provisions within Title 23, United States Code, and 49 U.S.C. chapter 53. The
<br /> Contractor also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the
<br /> future are expected to issue, Federal regulations and directives that may affect the Project. Thus, the
<br /> Contractor agrees to comply, and assures the compliance of each third party contractor, with any
<br /> applicable Federal laws, regulations and directives as the Federal Government are in effect now or
<br /> become effective in the future, except to the extent the Federal Government determines otherwise in
<br /> writing. Listed below are environmental provisions of particular concern to FTA and the Department.
<br /> The Contractor understands and agrees that those laws, regulations, and directives may not constitute
<br /> the 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. §§ 4321
<br /> through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. 11514, as
<br /> amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA
<br /> statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality regulations
<br /> pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA/FTA
<br /> regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part
<br /> 622, and subsequent Federal environmental protection regulations that may be promulgated.
<br /> The Recipient agrees to comply with the applicable provisions of 23 U.S.C. Section 139 pertaining to
<br /> environmental procedures, and 23 U.S.C. Section 326, pertaining to State responsibility for categorical
<br /> exclusions, in accordance with the provisions of joint FHWA/FTA final guidance, "SAFETA-LU
<br /> Environmental Review Process (Public Law 109-59)," 71 fed. Reg. 66576 et seq., November 15, 2006
<br /> and any applicable Federal directives that may be issued at a later date, except to the extent that FTA
<br /> determines otherwise in writing.
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