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agrees.to comply with the terms and conditions of the Special Warranty for the Program agreed to
<br />by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing
<br />procedures, and any revisions thereto.
<br />Section 23. Environmental ProteGtions. The Grantee recognizes that many Federal and State laws
<br />imposing environmental and resource conservation requirements may apply to the Project. Boone, but
<br />not aU, of the major Federal /avvo that may affect the Project include: the National Environmental Policy
<br />Act nf1QGS/NEPA\^aa amended, 42U.S.C.G§4321 through 4335; the Clean Air Act, ao amended, 42
<br />U.S.C. 8§ 7401 thrnVQh7671q and scattered sections-of Title 29, United States Coda; the Clean Water
<br />Act, as amended, 33 U,3.C. §§ 1251 through 1377; the Resource Conservation and Recovery Act, as
<br />amended, 42 U.S.C. Q§ 6901 through 0802k; the Comprehensive ExVinonnneDto| F<auponoa'
<br />CoUlpeDmation.aDdLiabUitvAnt.aaarnended,42U.8.C.0890O1throuQh8S75.aovVe|/esnDVironD1aOta|
<br />provisions within Title 23, United States Code, and 49 U.S.C, chapter 5.3. The Grantee also recognizes
<br />that U.S. EF9\' FHVVA and other Federal oOeno|ae have issued, and in the future are expected to issue,
<br />Federal regulations and directives that may affect the Project. Thus, the Grantee agrees toonO0p|y'and
<br />assures the compliance of each third party Grantee, with any applicable Federal laws, regulations and
<br />dinantiveo'oo1he Federal Gove[nment are in effect now nr become effective in the future, except to the
<br />extent the Federal Government determines otherwise in writing. Listed below are environmental
<br />provisions nf particular concern to FTA and the Department. The Grantee understands and agrees that
<br />those |8vvs, regulations, and directives may not constitute the Grantee's entire obligation to rnaot all
<br />Federal environmental and resource conservation requirements.
<br />a. National Environmental Poli . Federal assistance is contingent Upon the Grantee's facilitating
<br />FTA'a compliance with all applicable requirements and implementing regulations of the National
<br />Environmental Policy Act of 1909, as amended, (NEPA) 42 U.G.C. 004321 through 4335 (as
<br />restricted by42U.<S.C. §515Q'ifapp|inmb|e); Executive Order No. 11514.as amended, "Protection
<br />and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTAntotutory requirements
<br />et49U.3.C.§ 5324(b); U.S. Council on Environmental Quality regulations pertaining to compliance
<br />with NEFA.4OC.F.R. Parts 15OO through 158O; and joint FHVVA/FTA regulations, "Environmental
<br />Impact and Related Procedures," 23 C.FR/ Part 771 and 49 C.F.R. Po�S22, and subsequent
<br />Federal environmental protection regulations that may be promulgated.
<br />The Recipient agrees tn comply with the applicable provisions of23 U.S.C. Section 139 pertaining
<br />to environmental procedures, and 23 U.S.C. Section 326. pertaining to State responsibility for
<br />categorical eXciuoiono, in accordance with the provisions of joint FHVV/VFT7\ final guidance,
<br />"S/\FE7ALU Environmental Review Process (Public Law 1U8-59)."71 fed. Reg. 66576 etseq..
<br />November15.2OOSondaUyapp|ioab|eFedero|dinentiVeothatnneybeiaouedotd!oterdate.exceot
<br />tn the extent that FTAdetermines otherwise inwriting.
<br />b. Air Qualit . Except to the extent the Federal Government determines otherwise in writing' the
<br />Grantee agrees tn comply with all applicable Federal |Gvvs' regulations, and directives
<br />implementing the Clean Air Act, as amended, 42U.8.C.§§74O1 through 7871q.and:
<br />/1\ The Grantee agrees to comply with the applicable requirements of Section 176/u\ of the
<br />Clean Air Act, 42U.8.C.§75O0(o), consistent with the joint FHVV/VFT& document, "Interim
<br />Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air
<br />Quality for Joint PHVV/VFTAAVthu[itieu." dated September 2, 2005' and any subsequent
<br />applicable Federal directives that may be issued; with U.S. EPA regulations, "Conformity to
<br />State or Federal Implementation Plans of Transportation P|one^ Programs, and Projects
<br />Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40 C.F.R.
<br />Pad 51, Subpart T; and "Determining Conformity of. Federal Actions to State or Federal
<br />Implementation Plans," 40 C.F.R. Pmt 93' and any subsequent Federal conformity
<br />�
<br />regulations that may be promulgated. To support the requisite air quality conformity finding
<br />for the Project, the Grantee agreen to implement each air quality mitigation of control
<br />measure incorporated in the Project. the Grantee further agrees that any Project identified
<br />in an applicable State Implementation Plan 05|P\ as aTroDspodaUon Control Measure will
<br />be wholly consistent with the design concept and scope of the Project described/ntheS|P.
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