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<br /> ITEM 26 -PREFERENCE FOR RECYCLED PRODUCTS
<br /> To the extent applicable, the Grantee agrees to give preference to the purchase of recycled products for use in this
<br /> Project pursuant to the various Environmental Protection Agency (EPA) guidelines contained to 40 CFR Parts 247-
<br /> 254.
<br /> ITEM 27-BUS TESTING
<br /> To the extent applicable, the Grantee agrees to comply with FTA regulations, "Bus Testing," 49 CFR Part 665, and
<br /> any revision thereto. -
<br /> ITEM 28-ENVIRONMENTAL,CONSERVATION,AND ENERGY
<br /> The Grantee recognizes that many federal and state statutes imposing environmental, resource conservation, and
<br /> energy requirements may apply to the Project. Grantee is required to report any violation of these requirements
<br /> resulting from any project implementation activity of a third party or itself to FTA, the Department, and the Regional
<br /> EPA office.
<br /> Accordingly, the Grantee agrees to adhere to, and impose on its contractors, any such applicable federal and state
<br /> requirements, as the Government may now or in the future promulgate. The Grantee expressly understands that this
<br /> list does not constitute the Grantee's entire obligation to meet federal requirements.
<br /> A. Environmental Protection To the extent applicable,the Grantee agrees to comply with the requirements of the
<br /> National Environmental Policy Act of 1969, as amended, 42 USC Section 4321 et seq.; Section 14 of the
<br /> Federal Transit Act, as amended, 49 USC app. Section 1610; the Council on Environmental Quality
<br /> regulations, 40 CFR Part 1500 et seq.; and the joint FHWA/FTA regulations, "Environmental Impact and
<br /> Related Procedures,"at 23 CFR Part 771.
<br /> B. Air Quality - The Grantee agrees to comply with applicable requirements of Environmental Protection Agency
<br /> (EPA) regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs,
<br /> and Projects Developed, Funded or Approved Under Title 23 USC or the Federal Transit Act,"40 CFR Part 51,
<br /> Subpart T; and"Determining Conformity of Federal Actions to State or Federal Implementation Plans,"40 CFR
<br /> Part 93. To support the requisite air quality conformity finding for the Project,the Grantee agrees to implement
<br /> each air quality mitigation and control measure incorporated in the Project. The Grantee agrees that any
<br /> project identified in an applicable State Implementation Plan(SIP)as a Transportation Control Measure,will be
<br /> wholly consistent with the description of the design concept and scope of the project set forth in the SIP.
<br /> EPA also imposes requirements pertaining to the Clean Air Act, as amended, that may apply to transit
<br /> operators, particularly operators of large transit bus fleets. Thus, the Grantee should be aware that the
<br /> following EPA regulations,among others, may apply to its Project:"Control of Air Pollution from Motor Vehicles
<br /> and Motor Vehicle Engines," 40 CFR Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles
<br /> and New and In-Use Motor Vehicle Engines: Certification and Test Procedures," 40 CFR Part 86, and "Fuel
<br /> Economy of Motor Vehicles,"40 CFR Part 600.
<br /> C. Use of Public Lands No publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of
<br /> national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction
<br /> thereof, or any land from an historic site of national, State, or local significance may be used for the Project
<br /> unless specific findings required by 49 USC Section 303 are made by the U.S. DOT.
<br /> D. ' Historic Preservation The Grantee agrees to assist the Government to comply with Section 106 of the
<br /> National Historic Preservation Act, 16 USC Section 470f. �
<br /> E. Mitigation of Adverse Environmental Effects. Should the proposed project cause adverse environmental
<br /> effects, the Grantee agrees to take all reasonable steps to minimize such effects pursuant to 49 USC app.
<br /> Section 1610, all other applicable statutes, and the procedures set forth in 23 CFR Part 771 and 49 CFR Part
<br /> 622.
<br /> Asset Transfer Agreement page 19
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