Grantee agrees to comply with all applicable Federal regulations and directives issued pursuant
<br />to the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377. In addition:
<br />(1) The Grantee agrees to protect underground sources of drinking water consistent with the
<br />provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f through
<br />300j -6.
<br />(2) The Grantee agrees to comply with notice of violating facility provisions of Executive Order
<br />No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act
<br />with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note.
<br />d. Use of Public Lands. The Grantee agrees that in implementing its Project, it will not use any
<br />publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, State,
<br />or local significance as determined by the Federal, State, or local officials having jurisdiction
<br />thereof, and it will not use any land from a historic site of national, state, or local significance, unless
<br />the Federal Government makes the findings required by 49 U.S.C. §§ 303(b) and 303(c). The
<br />Grantee also agrees to comply with joint FHWA/FTA regulations, "Parks, Recreation Areas, Wildlife
<br />and Waterfowl Refuges, and Historic Sites," 23 C.F.R. Parts 771 and 774, and 49 C.F.R. Part 622,
<br />when promulgated.
<br />e. Wild and Scenic Rivers. The Grantee agrees to comply with applicable provisions of the Wild and
<br />Scenic Rivers Act of 1968, as amended, 16 U.S.C. §§ 1271 through 1287, relating to protecting
<br />components of the national wild and scenic rivers system; and to the extent applicable, to comply
<br />with U.S. Forest Service regulations, "Wild and Scenic Rivers," 36 C.F.R. Part 297, and with U.S.
<br />Bureau of Land Management regulations, "Management Areas," 43 C.F.R. Part 8350.
<br />f. Coastal Zone Management. The Grantee agrees to assure Project consistency with the approved
<br />State management program developed under the Coastal Zone Management Act of 1972, as
<br />amended, 16 U.S.C. §§ 1451 through 1465,
<br />g. Wetlands. The Grantee agrees to facilitate compliance with the protections for wetlands in
<br />accordance with Executive Order No. 11990, as amended, "Protection of Wetlands," at 42 U.S.C.
<br />§ 4321 note.
<br />h. Floodplains. The Grantee agrees to comply with the flood hazards protections in floodplains in
<br />accordance with Executive Order No. 11988, as amended, "Floodplain Management," 42 U.S.C. §
<br />4321 note.
<br />i. Endangered Species and Fisheries Conservation. The Grantee agrees to comply with protections
<br />for endangered species set forth in the Endangered Species Act of 1973, as amended, 16 U.S.C.
<br />§§ 1531 through 1544, and the Magnuson Stevens Fisheries Conservation Act, as amended, 16
<br />U.S.C. §§ 1801 et seq.
<br />j. Historic Preservation. The Grantee agrees to encourage compliance with the Federal historic and
<br />archaeological preservation requirements of Section 106 of the National Historic Preservation Act,
<br />as amended, 16 U.S.C. § 470f; with Executive Order No. 11593, "Protection and Enhancement of
<br />the Cultural Environment," 16 U.S.C. § 470 note; and with the Archaeological and Historic
<br />Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through 469c, as follows:
<br />(1) In accordance with U.S. Advisory Council on Historic Preservation regulations, "Protection
<br />of Historic and Cultural Properties," 36 C.F.R. Part 800, the Grantee agrees to consult with
<br />the State Historic Preservation Officer concerning investigations to identify properties and
<br />resources included in or eligible for inclusion in the National Register of Historic Places that
<br />may be affected by the Project, and agrees to notify FTA of those properties that are affected.
<br />(2) The Grantee agrees to comply with all applicable Federal regulations and directives to avoid
<br />or mitigate adverse effects on those historic properties, except to the extent the Federal
<br />Government determines otherwise in writing.
<br />k. Indian Sacred Sites. The Grantee agrees to facilitate compliance with the preservation of places
<br />and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians,
<br />in compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and with
<br />Executive Order No. 13007, "Indian Sacred Sites," 42 U.S.C. § 1996 note, except to the extent the
<br />Federal Government determines otherwise in writing.
<br />I. Mitigation of Adverse Environmental Effects. Should the proposed Project cause or result in
<br />adverse environmental effects, the Grantee agrees to take all reasonable measures to minimize
<br />05/27/2015 Page 29 of 36
<br />
|