EXHIBIT E - FEDERAL LAWS AND REGULATIONS REFERENCE_V2.PDF
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Exhibit E: Federal Laws and Regulations Reference Applicable Federal Laws and Regulations Maricopa County’s CFI Funded EV Infrastructure Program requires all subrecipients of funding to assure and certify, with respect to this program, that they will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of funds for this program. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization any applicable sub-recipients. The subaward recipient is responsible for determining the status and applicability of all executive orders, policies and guidance throughout the subaward agreement period of performance. Such provisions include, but are not limited to, the following: General Federal Legislation 1. Davis-Bacon Act – 40 U.S.C. 3141, et seq., as applicable under 23 U.S.C. 113 2. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. 3. Hatch Act – 5 U.S.C. 1501, et seq. 4. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq. 5. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108 6. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq. 7. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. 8. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. 9. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 10. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536 11. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq. 12. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a 13. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. 14. American Indian Religious Freedom Act, P.L. 95-341, as amended 15. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. 16. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. 17. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2 18. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq. 19. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C. 8373 20. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. 21. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 22. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq. 23. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq. 24. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 25. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq. 26. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. 27. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through1683 and 1685 through 1687 28. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 29. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq. 30. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C. 1101 -1104, 541, et seq. 31. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. 1352 32. Freedom of Information Act – 5 U.S.C. 552, as amended 33. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 34. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. 35. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq. 36. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq. 37. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525 38. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 and 23 U.S.C. 138 39. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended – 42 U.S.C. 9601, et seq. 40. Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26 41. Wilderness Act – 16 U.S.C. 1131-1136 42. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq. 43. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq. 44. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L. 109–282, as amended by section 6202 of Public Law 110–252) 45. Cargo Preference Act of 1954 – 46 U.S.C. 55305 46. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 Executive Orders 1. Executive Order 11246 – Equal Employment Opportunity 2. Executive Order 11990 – Protection of Wetlands 3. Executive Order 11988 – Floodplain Management 4. Executive Order 12372 – Intergovernmental Review of Federal Programs 5. Executive Order 12549 – Debarment and Suspension 6. Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 7. Executive Order 13166 – Improving Access to Services for Persons With Limited English Proficiency 8. Executive Order 13985 – Advancing Racial Equity and Support for Underserved Communities Through the Federal Government 9. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers 10. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad General Federal Regulations 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Parts 200, 1201 2. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 3. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 4. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 5. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 C.F.R. Part 3 6. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non- construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R. Part 5 7. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq. 8. New Restrictions on Lobbying – 49 C.F.R. Part 20 9. Nondiscrimination in Federally Assisted Programs of the Department of Transportation –Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21 10. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24 11. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25 12. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 13. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35 14. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28 15. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 16. Government wide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32 17. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38 18. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 C.F.R. Part 26 (as applicable under section 18.3 of this agreement) Office of Management and Budget Circulars 1. Any applicable OMB Circular based upon the specific FY 2022 or FY 2023 CFI Grant Recipient. Highway Federal Legislation 1. Highways – Title 23, U.S.C. including but not limited to: a. Brooks Act (for FHWA projects, this incorporates Title IX of the Federal Property and Administrative Services Act of 1949 (formerly 40 U.S.C. 541, et seq.)) – 40 U.S.C. 1101-1104; 23 U.S.C. 112(b)(2) b. Letting of Contracts, 23 U.S.C. 112 c. Highway Design and Construction Standards, 23 U.S.C. 109 d. Prevailing Rate of Wage, 23 U.S.C. 113 e. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) f. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors, 23 U.S.C. 151 g. Tolls, 23 U.S.C. 301 (to the extent the Recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23U.S.C. 129 and 166. h. Size, Weight, and Length Limitations – 23 U.S.C. 127, 49 U.S.C. 31101 et seq. i. Buy America – 23 U.S.C. 313(see http://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm) j. Nondiscrimination – 23 U.S.C. 140 k. Efficient Environmental Reviews - 23 U.S.C. 139 Federal Highway Regulations 1. Highways – Title 23, C.F.R. including but not limited to the specific parts identified herein. 2. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) 3. National Highway System Design Standards – 23 C.F.R. Part 625 4. Preconstruction Procedures – 23 C.F.R. Part 630 Subparts A and B 5. Construction and Maintenance – 23 C.F.R. Part 635 6. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 7. National Electric Vehicle Infrastructure Standards and Requirements – 23 C.F.R. Part 680 8. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 9. Procedures for Abatement of Highway Traffic and Construction Noise – 23 C.F.R. Part772 10. Procedures Implementing Section 4(f) of the Department of Transportation Act – 23C.F.R. Part 774 11. Permitting Requirements under the National Pollutant Discharge Elimination System –40 C.F.R. Part 122 12. Required Contract Provisions – 23 C.F.R. Part 633 (Form 1273) 13. External Programs – 23 C.F.R. Part 230 Specific assurances required will be incorporated into subaward agreements upon selection of funding recipient.