2017-575 OPT - FY2018 NCDOT application for Section 5310 Public Transportation Grant

Browse Search

resources included inry eligible hninc|uoioniUtheNatona|RooisterofUistohcPlace«thmt may beaffected by the Project, andngrees to notify FTA of those properties that are affected. C8 The Grantee agrees to comply with all applicable Federal regulations and directives to avoid or mitigate adverse effects on those historic properties, exompttV,the extent the Federal Government determines otherwise inwriting. k. Indian Sacred Sites. The Grantee agrees tofacilitate compliance with the preservation of places and objects of religious importance to A[nahoan |OdieDo' Eskimos, Aleuts, and Native Havvaiions, in compliance with the American Indian Religious Fnswdono Act, 42 U.S.C. § 1088' and with Executive Order No. 13OU7, "Indian Sacred 8itos,"42U.S.C. §1Q86 note, except to the extent the Federal Government determines otherwise inwriting. �Mitigation of Adverse Environmental Effects. Should the proposed Project cause or result in adverse environmental effects, the Grantee agrees to take all reasonable measures to minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b), and other applicable Federal /avvo and regulations, including 23 C.F.R. Part 771 and 49 C.F.R. Part 022. The Grantee agrees to comply with all environmental mitigation measures that may be identified as commitments in applicable environmental documents, (i.e., environmental assessments, environmental impact statements, memoranda of agreement, and other documents as required by 49 U.S.C. § 303) and agrees to comply with any conditions the Federal Government might impose in e finding of no significant hnpao1 or record of decision. The Grantee agrees that those environmental mitigation measures are incorporated by reference and made part of this Agreement fortheProject. The Grantee also agrees that any deferred mitigation measures will be incorporated by reference and made part of this Agreement for the Project as soon as agreement with the Federal Government is reached.. The Grantee agrees that those mitigation measures agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. Section 24, EnergV Conservation, The Grantee agrees to comply with the North Carolina Energy Policy Act of 1975 (N.C.G.S. 113B) issued in accordance with the Energy Policy and Conservation Act, as ,amended, 42 U.S.C. §§ 8321 et seq., except to the extent that the Department determines otherwise in writing. To the extent applicable, the Grantee agrees to perform nn energy assessment for any building uonstruoted, reooUatruoted, or modified with FTA assistance, as provided in FTA nagu/ot|ona. "Requirements for Energy /4oaeaornenta.°4SC.F.R. Part G22. Subpart C Section 25. Charter Service Operations. The Grantee acknowledges that Federal and State requirements prohibit the use of v*hidsm, fecUO§ea and equipment funded by Federal or State grant progra mis for the provision of charter services unless it ia determined that there are nowi|UOQ and able nha�eroperators in the service area. Federal |oVVdoes not provide exceptions to these regulations for vehicles that are loaned or leased to other agencies or entities. The Grantee agrees that neither it nor any public transportation operator performing work in connection with u Project financed uoder48 U.S.C. chapter 53 will engage in charter service operations, s(oept as authorized by 49 U.G.C. § 5323(j) and FTA regulations, "Charter Sen/ice,'49 C.F.R. Pod 64. and any subsequent Charter Service regulations or FTA directives that may be issued, except to the extent that FTA determines otherwise in writing. Any charter service agreement required by FTA regulations is incorporated by reference and made part Vf this Agreement for the Project. The Grantee understands and agrees that in addition to any remedy specified in the charter service agreement, if a pattern of violations of that agreement io found, the violator will be barred from receiving Federal transit assistance inen amount tobe determined by FTA urU.S.DOT. Section 26. School Transportation Operations. The Grantee agrees that neither if nor any public transportation operator performing work in connection with a Project financed under 49 U.S.C. chapter 53 will engage in school transportation operations for the transportation of students or school personnel exclusively in competition with private school transportation operators, except ms authorized by49U.S.C. §§5323dDor(z)'ae applicable, and FTA regulations, "School Bus [}peretionn."49C.F.R. Part 6O5,and 05/27%2015 Page 30u[37