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.
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