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C.F.R. Part 5a and the safety requirements of Section 107' of that Act at 40 U.S.C.. § 37004, and
<br />implementing U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R Part
<br />1926; and
<br />(3) Copeland "Anti-Kickback" Act, as amended, 18 U.&C. § 874. and 40 U.S.C.
<br />Section 3145 and implementing U.S. DOL regulations, "Contractors, and Subcontractors on Public
<br />Building or Publlic Work Financed in Whole or in part by Loans or Grants from the United States," 29
<br />C.F.R.. Part 3,
<br />b. Activities Not Involvina Construction. The Contractor agrees to comply, and assures
<br />the compliance of each third party contractor and each subrecipient at any tier of the Project, with the
<br />employee protection requirements for nonconstruction employees of the Contract Work Hours and
<br />Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in particular the wage and hour
<br />requirements of Section '102 of that Act at 40 U.S.C. § 37012, and with U.S. D,OL regulations, "Labor
<br />Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
<br />(also Labor Standards Provisions Applicable to NonconstrUCti0n Contracts Subject to the Contract
<br />Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
<br />C. Activities Involving Commerce, The Contractor agrees that the provisions of the Fair
<br />Labor Standards Act, 291 Ul.S.C. §§ 2011 let sec., apply to employees performing Project work involving
<br />commerce.
<br />cl. Public TransDortation Employee Protective Arranqements for Prop lects in
<br />NonUrbanized Areas Authorized by 49 Q,&C, § 5311. The Contractor agrees to comply with the terrns
<br />and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S.
<br />Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implernenting procedures, and
<br />any revisions thereto.
<br />Section 22. Environmental Protections. The Contractor recognizes that many Federal and
<br />State laws imposing environmental and resource conservation requirements may apply to the Project.
<br />Some, but not all', of the major Federal laws that may affect the Project include: the National
<br />Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as
<br />amended, 42 U,S.C. §§ 7401 through7671q and scattered sections of Title 29, United States Code; the
<br />Clean Water Act, as amended, 33 U,&C, 1251 through 1377; the Resource Conservation and
<br />Recovery Act, as amended, 42 U.S.C. §§ 6'901 through 6992k; the Comprehensive Environmental
<br />Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 through 9675, as well as
<br />environmental Iprovisiorns within Title 23, United States Code, and 49 U.S.C. chapter 53. The
<br />Contractor also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the
<br />future, are expected to iSSLle, Federal regulations and directives that may affect -the Project. Thus, the
<br />Contractor agrees to comply, and assures the compliance of each third party contractor, with any
<br />applicable Federal laws, regulations and directives as the Federal Government are in effect now or
<br />become effective in the future, except to the extent the Federal Government determines otherwise in
<br />writing. Listed below are environmental provisions of particular concern to FTA and the Department.
<br />The Contractor understands and agrees that those laws, regulations, and directives may not constitute
<br />the Contractor's entire obligation to meet all Federal environmental and resource conservation
<br />requirements,
<br />a. National Environmental Policy. Federal assistance is contingent upon the
<br />Contractor's facilitating FTA's compliance with all applicable requirements and implementing
<br />regulations of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C, §§ 4321
<br />through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. 11514, as
<br />amended, "Protection and Enhancement of Environmental Quality, "" 42 U.S.C. § 4321 note; FTA
<br />statutory requirements at 49 U.S.C. § 5324(b),; U.S. Council on Environmental Quality regUlations,
<br />pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA/FTA
<br />regulations, "Environmental impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part
<br />622, and subsequent Federal environmental protection regulations that may be promulgated,
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