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b. Air Quality. Except to the extent the Federal Government determines
<br />otherwise in writing, the Contractor agrees to comply with all applicable Federal
<br />laws, regulations, and directives implementing the Clean Air Act, as amended, 42
<br />U.S.C. §§ 7401 through 7671q, and:
<br />(1) The Contractor agrees to comply with the applicable requirements of
<br />Section 176(c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the
<br />joint FHWA/FTA document, "Interim Guidance for Implementing Key
<br />SAFETEA -LU Provisions on Planning, Environment, and Air Quality for Joint
<br />FHWA/FTA Authorities,' dated September 2, 2005, and any subsequent
<br />applicable Federal directives that may be issued; with U.S. EPA regulations,
<br />"Conformity to State or Federal Implementation Plans of Transportation
<br />Plans, Programs, and Projects Developed, Funded or Approved Under Title
<br />23 US.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and
<br />"Determining Conformity of Federal Actions to State or Federal
<br />Implementation Plans," 40 C.F.R. Part 93, and any subsequent Federal
<br />conformity regulations that may be promulgated. To support the requisite air
<br />quality conformity finding for the Project, the Contractor agrees to implement
<br />each air quality mitigation or control measure incorporated in the Project.
<br />The Contractor further agrees that any Project identified in an applicable
<br />State Implementation Plan (SIP) as a Transportation Control Measure will be
<br />wholly consistent with the design concept and scope of the Project described
<br />in the SIP.
<br />(2) U.S. EPA also imposes requirements implementing the Clean Air Act,
<br />as amended, which may apply to public transportation operators, particularly
<br />operators of large public transportation bus fleets. Accordingly, the
<br />Contractor agrees to comply with the following U.S. EPA regulations to the
<br />extent they apply to the Project: "Control of Air Pollution from Mobile
<br />Sources," 40 C.F.R. Part 85; "Control of Air Pollution from New and In -Use
<br />Motor Vehicles and New and In -Use Motor Vehicle Engines," 40 C.F.R. Part
<br />86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600.
<br />(3) The Contractor agrees to comply with notice of violating facility
<br />provisions of Executive Order No. 11738, "Administration of the Clean Air Act
<br />and the Federal Water Pollution Control Act with Respect to Federal
<br />Contracts, Grants, or Loans," 42 U.S.C. § 7606 note.
<br />C. Clean Water. Except to the extent the Federal Government determines
<br />otherwise in writing, the Contractor agrees to comply with all applicable Federal
<br />regulations and directives issued pursuant to the Clean Water Act, as amended, 33
<br />U.S.C. §§ 1251 through 1377. In addition:
<br />. (1) The Contractor agrees to protect underground sources of drinking water
<br />consistent with the provisions of the Safe Drinking Water Act of 1974, as
<br />amended, 42 U.S.C. §§ 300f through 300j -6.
<br />(2) The Contractor agrees to comply with notice of violating facility provisions
<br />of Executive Order No. 11738, "Administration of the Clean Air Act and the
<br />Federal Water Pollution Control Act with Respect to Federal Contracts,
<br />Grants, or Loans," 42 U.S.C. § 7606 note.
<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
<br />waterfowl refuge of national, State, or local significance as determined by the
<br />Federal, State, or local officials having jurisdiction thereof, and it will not use any
<br />land from a historic site of national, state, or local significance, unless the Federal
<br />Government makes the findings required by 49 U.S.C. §§ 303(b) and 303(c). The
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