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without the written consent of the Department, unless the Department has <br />previously released or approved the release of such data to the public. <br />b. Copyrights. The Contractor acknowledges that the FTA reserves a royalty - <br />free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, <br />and to authorize others to use, for Federal Government purposes: <br />(1) The copyright in any work developed under this Agreement or <br />subagreementtsubcontract; and <br />(2) Any rights of copyright to which the Contractor or its subrecipients/ <br />subcontractors purchase ownership with funds awarded for this <br />Project. <br />Section 18. Environmental Protections. <br />The Contractor recognizes that many Federal and State laws imposing environmental and <br />resource conservation requirements may apply to the Project. Some, but not all, of the <br />major Federal laws that may affect the Project include: the National Environmental Policy <br />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 <br />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 <br />6992k; the Comprehensive Environmental Response, Compensation, and Liability Act, as <br />amended, 42 U.S.C. §§ 9601 through 9675, as well as environmental provisions within <br />Title 23, United States Code, and 49 U.S.C. chapter 53. The Contractor also recognizes <br />that U.S. EPA, FHWA and other Federal agencies have issued, and in the future are <br />expected to issue, Federal regulations and directives that may affect the Project. Thus, <br />the Contractor agrees to comply, and assures the compliance of each third party <br />contractor, with any applicable Federal laws, regulations and directives as the Federal <br />Government are in effect now or become effective in the future, except to the extent the <br />Federal Government determines otherwise in writing. Listed below are environmental <br />provisions of particular concern to FTA and the Department. The Contractor understands <br />and agrees that those laws, regulations, and directives may not constitute the <br />Contractor's entire obligation to meet all Federal environmental and resource <br />conservation requirements. <br />a. National Environmental Policy. Federal assistance is contingent upon the <br />Contractor's facilitating FTA's compliance with all applicable requirements and <br />implementing regulations of the National Environmental Policy Act of 1969, as <br />amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S.C. § <br />5159, if applicable); Executive Order No. 11514, as amended, "Protection and <br />Enhancement of Environmental Quality," 42 U.S,C. § 4321 note; FTA statutory <br />requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality <br />regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through <br />1508; and joint FHWAIFTA regulations, "Environmental Impact and Related <br />Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622, and subsequent Federal <br />environmental protection regulations that may be promulgated. As a result of <br />enactment of 23 U.S.C. §§ 139 and 326 as well as to amendments to 23 U.S.C. § <br />138, environmental decision making requirements imposed on FTA projects to be <br />implemented consistent with the joint FHWA/FTA document, "Interim Guidance for <br />Implementing Key SAFETEA -LU Provisions on Planning, Environment, and Air <br />Quality for Joint FHWA /FTA Authorities," dated September 2, 2005, and any <br />subsequent applicable Federal directives that may be issued, except to the extent <br />that FTA determines otherwise in writing. <br />Updated 04 /15/16 22 <br />