R309-705-12. Compliance with Federal Requirements


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  • (1) Applicants must show the legal, institutional, managerial, and financial capability to construct, operate, and maintain the drinking water system(s) that the project will serve.

    (2) Applicant(s) shall require its contractors to comply with federal provisions for disadvantaged business enterprises and exclusions for businesses under suspension and/or debarment. Any bidder not complying with these requirements shall be considered a non-responsive bidder.

    (3) As required by Federal Code, applicants may be subject to the following federal requirements (all assessments shall consider the impacts of the project twenty (20) years into the future):

    Archeological and Historic Preservation Act of 1974, Pub. L. 86-523, as amended

    Clean Air Act, Pub. L. 84-159, as amended

    Coastal Barrier Resources Act, Pub. L. 97-348

    Coastal Zone Management Act, Pub. L. 92-583, as amended

    Endangered Species Act, Pub. L. 92-583

    Environmental Justice, Executive Order 12898

    Floodplain Management, Executive Order 11988 as amended by Executive Order 12148

    Protection of Wetlands, Executive Order 11990

    Farmland Protection Policy Act, Pub. L. 97-98

    Fish and Wildlife Coordination Act, Pub. L. 85-624

    National Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190

    National Historic Preservation Act of 1966, PL 89-665, as amended

    Safe Drinking Water Act, Pub. L. 93-523, as amended

    Wild and Scenic Rivers Act, Pub. L. 90-542, as amended

    Age Discrimination Act of 1975, Pub. L. 94-135

    Title VI of the Civil Rights Act of 1964, Pub. L. 88-352

    Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500 (the Clean Water Act)

    Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (including Executive Orders 11914 and 11250)

    The Drug-Free Workplace Act of 1988, Pub. L. 100-690 (applies only to the capitalization grant recipient)

    Equal Employment Opportunity, Executive Order 11246

    Women's and Minority Business Enterprise, Executive Orders 11625, 12138 and 12432

    Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Pub. L. 100-590

    Anti-Lobbying Provisions (40 CFR Part 30)

    Demonstration Cities and Metropolitan Development Act of 1966, Pub. L. 89-754, as amended

    Procurement Prohibitions under Section 306 of the Clean Water Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans

    Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended

    Debarment and Suspension, Executive Order 12549

    Accounting procedures, whereby applicants agree to maintain a separate project account in accordance with Generally Accepted Accounting Standards and Utah State Uniform Accounting requirements.