Common use of Procedural and Substantive Requirements Clause in Contracts

Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's responsibilities under this MOU, Caltrans shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities, including, but not limited to, environmental justice. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, , Executive Orders issued by the President of the United States, USDOT Orders, Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500 -1508), FHWA Orders, official guidance and policy issued by the CEQ, Office of Management and Budget (OMB), USDOT, or the FHWA (e.g. Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects), and any applicable Federal court decisions, and, subject to subpart 5.1.3 below, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [e.g., the 2015 Red Book – Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects]. Official USDOT and FHWA formal guidance and policies relating to environmental review matters are posted on the FHWA’s website, contained in the FHWA Environmental Guidebook, published in the Federal Register, or sent to Caltrans electronically or in hard copy. Xxxxxxxx has reviewed the following memoranda and understands that by accepting the FHWA's NEPA responsibilities, it also agrees to perform the FHWA's obligations set forth in these memoranda, consistent with the assigned authorities under this MOU: • 2014 MOA between the U.S. Coast Guard (USCG) and the FHWA to Coordinate and Improve Bridge Planning and Permitting • 2014 MOU between USCG, the FHWA, the Federal Transit Administration, and the Federal Railroad Administration to Coordinate and Improve Bridge Planning and Permitting

Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT DOT Secretary's ’s responsibilities under this MOU, Caltrans . ADOT shall be subject to the same procedural and substantive requirements that apply to the USDOT DOT Secretary in carrying out these responsibilities, including, but not limited to, environmental justice. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, , Executive Orders ; E.O.’s issued by the President of the United States, USDOT ; DOT Orders, ; Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500 -1508parts 1500-1508), ; FHWA Orders, official guidance guidance, and policy policies issued by the CEQ, Office of Management and Budget (OMB)Budget, USDOTDOT, or the FHWA (e.g. e.g., Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects), ; and any applicable Federal court decisions, and, subject to subpart 5.1.3 below5.1.4 of this MOU, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [process, (e.g., the 2015 Red Book – - Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects]). Official USDOT DOT and FHWA formal guidance and policies relating to environmental review matters are posted on the FHWA’s website's Website, contained in the FHWA Environmental Guidebook, published in the Federal Register, or sent to Caltrans ADOT electronically or in hard copy. Xxxxxxxx ADOT has reviewed the following memoranda 2014 MOU and MOA between the U.S. Coast Guard (USCG) and FHWA and understands that by accepting the FHWA's NEPA responsibilities, it also agrees to perform the FHWA's obligations set forth in these memoranda, consistent with the assigned authorities under this MOU: • 2014 MOU between the DOT and the USCG and the MOA between the U.S. Coast Guard (USCG) FHWA and the FHWA to Coordinate and Improve Bridge Planning and Permitting • 2014 MOU between USCG, the FHWA, the Federal Transit Administration, and the Federal Railroad Administration to Coordinate and Improve Bridge Planning and Permitting.

Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's ’s responsibilities under this MOU, Caltrans . ADOT shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities, including, but not limited to, environmental justice. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, , ; Executive Orders issued by the President of the United States, ; USDOT Orders, ; Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500 -1508C.F.R. parts 1500-1508), ; FHWA Orders, official guidance guidance, and policy issued by the CEQ, Office of Management and Budget (OMB), USDOT, or the FHWA (e.g. e.g., Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects), ; and any applicable Federal court decisions, and, subject to subpart 5.1.3 below5.1.4 of this MOU, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [process, (e.g., the 2015 Red Book – - Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects]). Official USDOT and FHWA formal guidance and policies relating to environmental review matters are posted on the FHWA’s 's website, contained in the FHWA Environmental Guidebook, published in the Federal Register, or sent to Caltrans ADOT electronically or in hard copy. Xxxxxxxx ADOT has reviewed the following memoranda 2014 MOU and MOA between the US Coast Guard (USCG) and FHWA and understands that by accepting the FHWA's NEPA responsibilities, it also agrees to perform the FHWA's obligations set forth in these memoranda, consistent with the assigned authorities under this MOU: • 2014 MOU between the USDOT and the USCG and the MOA between the U.S. Coast Guard (USCG) FHWA and the FHWA to Coordinate and Improve Bridge Planning and Permitting • 2014 MOU between USCG, the FHWA, the Federal Transit Administration, and the Federal Railroad Administration to Coordinate and Improve Bridge Planning and Permitting.

Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's ’s responsibilities under this MOU, Caltrans ADOT shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities, including, but not limited to, environmental justice. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, , ; Executive Orders issued by the President of the United States, USDOT Orders, ; Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500 -1508parts 1500—1508); directives, FHWA Ordersguidance, official guidance and policy issued by the CEQ, Office of Management and Budget (OMB), USDOT, or the and FHWA (e.g. Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects), and ; any applicable Federal court decisions, ; and, subject to subpart 5.1.3 below5.1.4 of this MOU, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [process, e.g., the 2015 Red Book – - Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects]. Official USDOT and FHWA formal guidance and policies relating to environmental review matters are posted on the FHWA’s 's website, contained in the FHWA Environmental Guidebook, Guidebook or published in the Federal Register, or sent to Caltrans ADOT electronically or in hard copy. Xxxxxxxx ADOT has reviewed the following memoranda 2014 MOA between the US Coast Guard (USCG) and FHWA and understands that by accepting the FHWA's NEPA responsibilities, it also agrees to perform the FHWA's obligations set forth in these memoranda, consistent with the assigned authorities under this MOU: • 2014 MOU between the USDOT and the USCG and the MOA between the U.S. Coast Guard (USCG) FHWA and the FHWA to Coordinate and Improve Bridge Planning and Permitting • 2014 MOU between USCG, the FHWA, the Federal Transit Administration, and the Federal Railroad Administration to Coordinate and Improve Bridge Planning and Permitting.