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U.S.Department of Transportation <br /> ChW)e Federal Railroad Administration <br /> ARTICLE 23: ADDITIONAL TERMS AND CONDITIONS <br /> 23.1 Disclaimer of Federal Liability <br /> FRA will not be responsible or liable for any damage to property or any injury to persons that <br /> may arise from, or be incident to, performance or compliance with this Agreement. <br /> 23.2 Environmental Review <br /> (a) Except as authorized by law or under 23 C.F.R. § 771.113(d)(4),the Recipient will not <br /> begin final design activities; acquire real property, construction materials, or equipment, <br /> including rolling stock; begin construction; or take other actions that would have an <br /> adverse environmental impact or limit the choice of reasonable alternatives for the <br /> Project unless and until FRA complies with the National Environmental Policy Act,42 <br /> U.S.C. §4321 et seq. (NEPA), and any other applicable environmental laws and <br /> regulations. In addition,the Recipient will not begin project development that involves <br /> ground disturbing activity prior to FRA compliance with NEPA and any other applicable <br /> environmental laws and regulations. <br /> (b) The Recipient acknowledges that: <br /> (1) FRA's actions under Section 23.2(a) of this Attachment 1 may depend on the <br /> Recipient conducting necessary environmental analyses and submitting necessary <br /> documents to FRA; and <br /> (2) applicable environmental statutes and regulations may require the Recipient <br /> to prepare and submit documents to other Federal,State, and local agencies. <br /> (c) Consistent with 23 C.F.R. § 771.105(a),to the maximum extent practicable and <br /> consistent with Federal law,the Recipient will coordinate all environmental investigations, <br /> reviews, and consultations as a single process. <br /> (f) The activities described in Article 4 of Attachment 2 of this Agreement and other <br /> information described in this Agreement may inform environmental decision-making <br /> processes, but the parties do not intend this Agreement to document the alternatives <br /> under consideration under those processes. If a build alternative is selected that does not <br /> align with Article 4 of Attachment 2 of this Agreement or other information in this <br /> Agreement,then FRA will either: <br /> (1) amend this Agreement under Section 15.1 of this Attachment 1 for <br /> consistency with the selected build alternative; or <br /> (2) if FRA determines that the condition at Section 10.1(a)(5)of this Attachment 1 <br /> is satisfied,terminate this Agreement under Section 10.1(a)(5)of this Attachment <br /> 1; or <br /> (3)take other action as deemed appropriate by FRA. <br /> 31 <br />