Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (INFRA) /Nationally Significant Freight and Highway Projects (NSFHP) Grants
Contact Information
Benjamin Fischer
518-431-8863
Benjamin.Fischer@dot.gov
APPLICABLE FEDERAL LAWS AND REGULATIONS
With respect to compliance with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to an application, acceptance, and use of Federal NSFHP funds, applicable provisions include, but are not limited to, the following:
General Federal Legislation
a. Davis-Bacon Act - 40 U.S.C. §§ 3141, et seq., as applicable under 23 U.S.C. 113
b. Federal Fair Labor Standards Act - 29 U.S.C. §§ 201, et seq.
c. Hatch Act - 5 U.S.C. §§ 1501, et seq.
d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title - 42 U.S.C. §§ 4601, et seq.
e. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. § 470f
f. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. § 469a through § 469c.
g. Native American Graves Protection and Repatriation Act - 25 U.S.C. §§ 3001, et seq.
h. Clean Air Act, P.L. 90-148, as amended 42 U.S.C 7401 et. seq.
i. Section 404 of the Clean Water Act, as amended 33 U.S.C. §§ 1251, et seq.
j. Section 7 of the Endangered Species Act, P.L. 93-205, as amended.
k. Coastal Zone Management Act, P.L. 92-583, as amended.
l. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. § 4012a
m. Age Discrimination Act of 1975 - 42 U.S.C. §§ 6101, et seq.
n. American Indian Religious Freedom Act, P.L. 95-341, as amended
o. Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101, et seq.
p. 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.
q. Sections 523 and 527 of the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd through 290dd-2
r. Architectural Barriers Act of 1968 - 42 U.S.C. § 4151, et seq.
s. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 - 42 U.S.C. § 8373
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.
u. Copeland Anti-kickback Act, as amended - 18 U.S.C. § 874 and 40 U.S.C. § 3145
v. National Environmental Policy Act of 1969 - 42 U.S.C. §§ 4321, et seq.
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. §§ 1271, et seq.
x. Federal Water Pollution Control Act, as amended - 33 U.S.C. §§ 1251-1376
y. Single Audit Act of 1984 - 31 U.S.C. §§ 7501, et seq.
z. Americans with Disabilities Act of 1990 - 42 U.S.C. § 12101, et seq.
aa. Title IX of the Education Amendments of 1972, as amended - 20 U.S.C. § 1681 through § 1683, and § 1685 through § 1687
bb. Section 504 of the Rehabilitation Act of 1973, as amended - 29 U.S.C. § 794
cc. Title VI of the Civil Rights Act of 1964 - 42 U.S.C. §§ 2000d et seq.
dd. Title IX of the Federal Property and Administrative Services Act of 1949 - 40 U.S.C. §§ 1101 -1104 541, et seq.
ee. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. § 1352
ff. Freedom of Information Act - 5 U.S.C. § 552, as amended
gg. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. § 1855
hh. Farmlands Protection Policy Act of 1981 – 7 § U.S.C. 4201
ii. Noise Control Act of 1972 – 42 U.S.C. § 4901, et seq.
jj. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. § 661
kk. Section 9 of the Rivers and Harbors Act and General Bridge Act of 1946 - 33 U.S.C. § 401
ll. Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303 and 23 U.S.C. § 138
mm. Resource Conservation and Recovery Act of 1976 (RCRA), as amended -- 42 U.S.C. §§ 6901, et seq.
nn. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended --42 U.S.C. §§ 9601-9657
oo. Safe Drinking Water Act -- 42 U.S.C. §§ 300F-300J-6
pp. Wilderness Act -- 16 U.S.C. §§ 1131-1136
qq. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 -- 42 U.S.C. § 6901, et seq.
rr. Migratory Bird Treaty Act 16 U.S.C. § 760c-760g
ss. 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)
tt. Cargo Preference Act of 1954 – 46 U.S.C. § 55305
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11988 - Floodplain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12549 - Debarment and Suspension
f. Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
g. Executive Order 13166 - Improving Access to Services for Persons With Limited English Proficiency
General Federal Regulations
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Part 200
b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200
c. Investigative and Enforcement Procedures - 14 C.F.R. Part 13
d. Procedures for predetermination of wage rates - 29 C.F.R. Part 1
e. 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
f. 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
g. 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.
h. Contractor Qualifications - 48 C.F.R. Part 9
i. New Restrictions on Lobbying – 49 C.F.R. Part 20
j. 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
k. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs - 49 C.F.R. Part 24
l. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance - 49 C.F.R. Part 25
m. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance - 49 C.F.R. Part 27
n. DOT’s oversight of DOJ's ADA regulations for non-transit programs, including the ADA Accessibility Guidelines, required by the DOJ regulations at 28 C.F.R. Part 35
o. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28
p. 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
q. Government wide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32
r. DOT's implementing ADA regulations for transit, including the ADA Accessibility Guidelines in Part 37, Appendix A - 49 C.F.R. Parts 37 and 38
s. Procedures for Transportation Workplace Drug and Alcohol Testing Programs – 49 C.F.R. Part 40
t. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 C.F.R. Part 26
Office of Management and Budget Circulars
a. 2 C.F.R. 1201
b. Any applicable OMB Circular
Highway Federal Legislation
a. Highways – Title 23, U.S.C.
b. 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)
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
f. 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)
g. Size, Weight, and Length Limitations - 23 U.S.C. § 127, 49 U.S.C. § 31101 et seq.
h. Buy America Act – 23 U.S.C. § 313 (see https://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm)
i. Nondiscrimination – 23 U.S.C. § 140
Highway Federal Regulations
a. Planning 23 C.F.R. Part 450
b. National Highway System Design Standards – 23 C.F.R. Part 625
c. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655
d. Environmental Impact and Related Procedures – 23 C.F.R. Part 771
e. Procedures for Abatement of Highway Traffic and Construction Noise -- 23 C.F.R. Part 772
f. Procedures Implementing Section 4(f) of the Department of Transportation Act – 23 C.F.R. Part 774
g. Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122
h. Required Contract Provisions – 23. C.F.R. Part 633 (Form 1273)
i. External Programs – 23 C.F.R. Part 230.
