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Access to Services for Persons with Limited English Proficiency. To the extent applicable and
<br />except to the extent that the Department determines otherwise in writing, the Grantee agrees to
<br />comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons
<br />with Limited English Proficiency," 42 U.S.C. § 2000d -1 note, and with the provisions of U.S. DOT
<br />Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient
<br />(LEP) Beneficiaries," 70Fed. Reg. 74087 et seq., December 14, 2005.
<br />Environmental Justice. The Grantee agrees to comply with the policies of Executive Order No.
<br />12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low- Income
<br />Populations," 42 U.S.C. § 4321 note, except to the extent that the Department determines
<br />otherwise in writing.
<br />Other Nondiscrimination Laws. The Grantee agrees to comply with all applicable provisions of
<br />other Federal laws, regulations, and directives pertaining to and prohibiting discrimination that are
<br />applicable, except to the extent the Department determines otherwise in writing.
<br />Section 12. Planning and Private Enterprise.
<br />a. General. To the extent applicable, the Grantee agrees to implement the Project in a manner
<br />consistent with the plans developed in compliance with the Federal planning and private enterprise
<br />provisions of the following:
<br />(1) 49 U.S.C. Chapter 53;
<br />(2) Joint Federal Highway Administration (FHWA) /FTA document,
<br />"Interim Guidance for Implementing Key SAFETEA -LU Provisions on Planning,
<br />Environment, and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, as
<br />amended by joint FHWA/FTA guidance, "SAFETEA -LU Deadline for New Planning
<br />Requirements (July 1, 2007)," dated May 2, 2006 [clarifying Guidance on Implementation of
<br />SAFETEA -LU Planning Provisions], and subsequent Federal directives implementing
<br />SAFETEA -LU, except to the extent FTA determines otherwise in writing;
<br />(3) Joint FHWA/FTA regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450
<br />and 49 C.F.R. Part 613 to the extent that those regulations are consistent with the
<br />SAFETEA -LU amendments to public transportation planning and private enterprise laws,
<br />and subsequent amendments to those regulations that may be promulgated; and
<br />(4) FTA regulations, "Major Capital Investment Projects," 49 C.F.R. Part 611, to the extent that
<br />those regulations are consistent with the SAFETEA -LU amendments to the public
<br />transportation planning and private enterprise laws, and any subsequent amendments to
<br />those regulations that may be subsequently promulgated.
<br />b. Governmental and Private Nonprofit Providers of Nonemergency Transportation. In addition to
<br />providing opportunities to participate in planning as described in Subsection 12a of this
<br />Agreement, to the extent feasible the Grantee agrees to comply with the provisions of 49 U.S.C.
<br />§ 5323(k), which afford governmental agencies and nonprofit organizations that receive Federal
<br />assistance for nonemergency transportation from Federal Government sources (other than U.S.
<br />DOT) an opportunity to be included in the design, coordination, and planning of transportation
<br />services.
<br />C. Infrastructure Investment. During the implementation of the Project, the Grantee agrees to take
<br />into consideration the recommendations of Executive Order No. 12803, "Infrastructure
<br />Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893, "Principles for Federal
<br />Infrastructure Investments," 31 U.S.C. § 501 note.
<br />Section 13. Preference for United States Products and Services. To the extent applicable, the
<br />Grantee agrees to comply with the following U.S. domestic preference requirements:
<br />a. Buy America. The Grantee agrees to comply with 49 U.S.C. § 53230) and FTA regulations, "Buy
<br />America Requirements," 49 C.F.R. Part 661 to the extent those regulations are consistent with the
<br />FAST Act, MAP -21, or SAFETEA -LU provisions, and subsequent amendments to those regulations
<br />that may be promulgated. The Grantee also agrees to comply with FTA directives to the extent
<br />those directives are consistent with SAFETEA -LU provisions, except to the extent that FTA or the
<br />Department determines otherwise in writing.
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