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g. Environmental Justice. The Recipient agrees to comply with the policies of Executive Order <br />No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and <br />Low - Income Populations," 42 U.S.C. § 4321 note. <br />h. Other Nondiscrimination Laws. The Recipient agrees to comply with all applicable <br />provisions of other Federal laws, regulations, and directives pertaining to and prohibiting <br />discrimination that are applicable. <br />Section 9. Planning and Private Enterprise. <br />a. General. To the extent applicable, the Recipient agrees to implement the Project in a manner <br />consistent with the plans developed in compliance with the Federal planning and private <br />enterprise provisions of the following: (1) 49 U.S.C. §§ 5303, 5304, 5306, and 5323(a)(1); <br />(2) the joint Federal Highway Administration (FHWA) /FTA document, "Interim Guidance <br />for Implementing Key SAFETEA -LU Provisions on Planning, Environment, and Air Quality <br />for Joint FHWA /FTA Authorities," dated September 2, 2005, and subsequent Federal <br />directives implementing SAFETEA -LU; (3) joint FHWA /FTA regulations, "Planning <br />Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent that those <br />regulations are consistent with the SAFETEA -LU amendments to public transportation <br />planning and private enterprise laws, and subsequent amendments to those regulations <br />that may be promulgated; and () FTA regulations, "Major Capital Investment Projects," 49 <br />C.F.R. Part 611, to the extent that those regulations are consistent with the SAFETEA -LU <br />amendments to the public transportation planning and private enterprise laws, and any <br />subsequent amendments to those regulations that may be subsequently promulgated. In <br />addition, other regulations and restrictions pertaining specifically to Transportation <br />Demand Management activities may apply, and TJCOG reserves the right to amend the <br />contract with these regulations as they are brought to our attention. <br />b. Governmental and Private Nonprofit Providers of Nonemergency Transportation. In <br />addition to providing opportunities to participate in planning as described in Subsection 9a <br />of this Agreement, to the extent feasible the Recipient agrees to comply with the provisions <br />of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit organizations that <br />receive Federal assistance for nonemergency transportation from Federal Government <br />sources (other than U.S. DOT) an opportunity to be included in the design, coordination, and <br />planning of transportation services. <br />Section 10. Preference for United States Products and Services. <br />To the extent applicable, the Recipient agrees to comply with U.S. domestic preference <br />requirements. <br />Section 11. Procurement. <br />To the extent applicable, the Recipient agrees to comply with the following third party procurement <br />provisions: <br />a. Federal and State Standards. The Recipient agrees to comply with the third party <br />procurement requirements of 49 U.S.C. chapter 53 and other applicable Federal laws in <br />effect now or as subsequently enacted; with U.S. DOT third party procurement regulations <br />of 49 C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third party <br />procurements and subsequent amendments thereto, to the extent those regulations are <br />consistent with SAFETEA -LU provisions; and Article 8 of Chapter 143 of the North Carolina <br />General Statutes. The Recipient also agrees to comply with the provisions of FTA Circular <br />4220.1E, "Third Party Contracting Requirements," to the extent those provisions are <br />consistent with SAFETEA -LU provisions and with any subsequent amendments thereto. <br />Although the FTA "Best Practices Procurement Manual" provides additional procurement <br />Page 9 of 18 <br />