Contractor also agrees to comply with joint FHWA/FTA regulations, 'Parks,
<br />Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,' 23 C.F.R.
<br />Parts 771 and 774, and 49 C.F.R. Part 622, when promulgated.
<br />e. Wild and Scenic Rivers. The Contractor agrees to comply with applicable
<br />provisions of the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. §§
<br />1271 through 1287, relating to protecting components of the national wild and
<br />scenic rivers system; and to the extent applicable, to comply with U.S. Forest
<br />Service regulations, "Wild and Scenic Rivers," 36 C.F.R. Part 297, and with U.S.
<br />Bureau of Land Management regulations, "Management Areas," 43 C.F.R. Part
<br />8350.
<br />f. Coastal Zone Management. The Contractor agrees to assure Project
<br />consistency with the approved State management program developed under the
<br />Coastal Zone Management Act of 1972, as amended, 16 U.S.C. §§ 1451 through
<br />1465.
<br />g. Wetlands. The Contractor agrees to facilitate compliance with the
<br />protections for wetlands in accordance with Executive Order No. 11990, as
<br />amended, 'Protection of Wetlands," at 42 U.S.C. § 4321 note.
<br />h. Floodplains. The Contractor agrees to comply with the flood hazards
<br />protections in floodplains in accordance with Executive Order No. 11988, as
<br />amended, "Floodplain Management," 42 U.S.C. § 4321 note.
<br />i. Endangered Species and Fisheries Conservation. The Contractor agrees to
<br />comply with protections for endangered species set forth in the Endangered
<br />Species Act of 1973, as amended, 16 U.S.C. §§ 1531 through 1544, and the
<br />Magnuson Stevens Fisheries Conservation Act, as amended, 16 U.S.C. §§ 1801 et
<br />seq.
<br />j. Historic Preservation. The Contractor agrees to encourage compliance with
<br />the Federal historic and archaeological preservation requirements of Section 106 of
<br />the National Historic Preservation Act, as amended, 16 U.S.C. § 470f; with
<br />Executive Order No. 11593, 'Protection and Enhancement of the Cultural
<br />Environment" 16 U.S.C. § 470 note; and with the Archaeological and Historic
<br />Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through 469c, as
<br />follows:
<br />(1) In accordance with U.S. Advisory Council on Historic Preservation
<br />regulations, "Protection of Historic and Cultural Properties," 36 C.F.R. Part
<br />800, the Contractor agrees to consult with the State Historic Preservation
<br />Officer concerning investigations to identify properties and resources included
<br />in or eligible for inclusion in the National Register of Historic Places that may
<br />be affected by the Project, and agrees to notify FTA of those properties that
<br />are affected.
<br />(2) The Contractor agrees to comply with all applicable Federal regulations
<br />and directives to avoid or mitigate adverse effects on those historic
<br />properties, except to the extent the Federal Government determines
<br />otherwise in writing.
<br />k. Indian Sacred Sites. The Contractor agrees to facilitate compliance with the
<br />preservation of places and objects of religious importance to American Indians,
<br />Eskimos, Aleuts, and Native Hawaiians, in compliance with the American Indian
<br />Religious Freedom Act, 42 U.S.C. § 1996, and with Executive Order No. 13007,
<br />"Indian Sacred Sites," 42 U.S.C. § 1996 note, except to the extent the Federal
<br />Government determines otherwise in writing.
<br />I. Mitigation of Adverse Environmental Effects. Should the proposed Project
<br />Updated 04/15/16 24
<br />
|