[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Notices]
[Page 16397-16405]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap07-104]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Public Transportation on Indian Reservations Program; Tribal
Transit Program
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of Funding Availability: Solicitation of Grant
Applications for FY 2007 Tribal Transit Program Funds.
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SUMMARY: This notice announces the availability of Fiscal Year (FY)
2007 funds for the Public Transportation on Indian Reservations
Program, a program authorized by the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
This notice also announces a national solicitation for Grant
Applications for FY 2007 Tribal Transit Program (TTP) funds to be
selected on a competitive basis; the grant terms and conditions that
apply to this program; and grant application procedures and selection
criteria for FY 2007 projects.
ADDRESSES: This announcement is available on the Federal Transit
Administration (FTA) Web site at http://www.fta.dot.gov. FTA will
announce final selections on the Web site and in the Federal Register.
FTA will post a synopsis of this announcement on the government-wide
electronic grants Web site at: http://www.grants.gov. Applicants may
submit applications in one of three ways: electronically through
Grants.gov, delivery in hard copy to Federal Transit Administration,
1200 New Jersey Avenue, SE., Washington, DC, Attention: Lorna R.
Wilson; or sending by e-mail to fta.tribalprogram@dot.gov.
DATES: Applicants must submit completed applications for Public
Transportation on Indian Reservations Program grants in hard copy to
the FTA, via e-mail August 2, 2007, or electronically through the
Grants.gov Web site by the same date. Anyone intending to apply
electronically should initiate the process of registering on the
grants.gov site immediately to ensure completion of registration before
the deadline for submission. FTA will announce grant selections in the
Federal Register when the competitive selection process is complete.
Applicants should be aware that materials sent through the U.S.
Postal Service are subject to significant delays in delivery due to the
security screening process. Use of courier or express delivery services
is recommended.
FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA regional
Tribal Liaison (Appendix A) for application-specific information and
issues. For general program information, contact Lorna R. Wilson,
Office of Transit Programs, at (202) 366-2053, e-mail:
Lorna.Wilson@dot.gov. A TDD is available at 1-800-877-8339 (TDD/FIRS).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Background
III. Funding Opportunity Description
A. Authorized Funding for FY 2007
B. Background
IV. Award Information
V. Eligibility Information
A. Eligible Applicants
B. Eligible Projects
VI. Cost Sharing or Matching
VII. Terms and Conditions
VII. Application and Submission Information
IX. Guidelines for Preparing Grant Application
X. Application Content
A. Application Information
B. Technical, Legal, and Financial Capacity
C. Project Information
D. Application Evaluation Criteria
E. Submission Dates and Times
F. Intergovernmental Review
G. Funding Restrictions
H. Other Submission Requirements
XI. Application Review Process
A. Competitive Selection Process
B. Evaluation Criteria
1. Criterion 1: Project Planning and Coordination
2. Criterion 2: Demonstration of Need
3. Criterion 3: Benefits Of Project
4. Criterion 4. Financial Commitment And Operating Capacity
C. Proposals for Planning Grants
D. Review and Selection Process
XII. Award Administration Information
XIII. Other Information
A. Technical Assistance
B. Certifications and Assurances
C. Reporting
D. Agency Contact(s)
Appendices
Appendix A. FTA Regional Offices and Tribal Liaison
Appendix B. Federal Fiscal Year 2007 Certifications and
Assurances for the Federal Transit Administration Public
Transportation on Indian Reservation Program
Appendix C. Technical Assistance Contacts
I. Overview
Section 3013 of SAFETEA-LU, [Pub. L. 109-59 (August 15, 2005)]
amended 49 U.S.C. 5311(c) by establishing the Public Transportation on
Indian Reservations Program (Tribal Transit Program). This program
authorizes direct grants ``under such terms and conditions as may be
established by the Secretary'' to Indian tribes for any purpose
eligible under FTA's Nonurbanized Area Formula Program, 49 U.S.C. 5311.
The funding for the TTP will increase from $8 million in FY 2006 to $15
million in FY 2009. The Conference Report to SAFETEA-LU indicated that
the funds set aside for Indian tribes in the TTP are not meant to
replace or reduce funds that Indian tribes receive from States through
FTA's Nonurbanized Area Formula Program. The Catalog of Federal
Domestic Assistance (CFDA) number for the program is 20.509.
II. Background
On August 15, 2006, FTA published a Federal Register Notice of
Funding Availability: Solicitation of Grant Applications for FY 2006
TTP Funds (71 FR 46878). This notice accomplished several purposes.
First, the notice responded to written comments FTA received in
response to an earlier Federal Register notice dated March 22, 2006,
(71 FR 14618) ``Public Transportation on Indian Reservations Program
(49 U.S.C. 5311(c)(1)): Notice of Public Meetings, Proposed Grant
Program Provisions,'' and responded to oral comments FTA received
during two announced public meetings that were held on April 4, 2006,
in Denver, Colorado, and on April 7, 2006, in Kansas City, Missouri.
Second, the notice announced the availability of funds in FY 2006 for
the TTP. Third, the notice announced a national solicitation for Grant
Applications for FY 2006 TTP funds to be selected on a competitive
basis; the grant terms and conditions that apply to this new program;
and grant application procedures and selection criteria for FY 2006
projects. Projects selected for funding under that Notice are published
elsewhere in today's issue of the Federal Register.
III. Funding Opportunity Description
A. Authorized Funding for FY 2007
Section 3013 of SAFETEA-LU established the TTP under 49 U.S.C.
5311(c). Section 5311(c) also authorized $45 million from the
Nonurbanized Area Formula Grants Program (49 U.S.C. 5311) for FY 2006-
2009, to be apportioned for grants directly to Indian tribes. Under the
TTP, Indian tribes are eligible direct recipients. The funds are to be
apportioned for grants to Indian tribes for any purpose eligible under
the Nonurbanized Area Formula Program (Section 5311 program). In FY
2007, $10 million is available for allocation to projects selected
through the process announced in this notice.
B. Background
Prior to SAFETEA-LU, the Section 5311 program did not include a
separate
[[Page 16398]]
public transit program for tribes. Tribes were eligible under the
Section 5311 program only as subrecipients. SAFETEA-LU authorized a TTP
and authorized tribes to be direct recipients of Section 5311 Program
funds. As expressed in the Conference Report (H. Conf. Rpt. 109, 203 at
943) for SAFETEA-LU, Congress intended that the funds available for the
TTP not replace or reduce funds tribes receive from States under the
Section 5311 program.
IV. Award Information
The number and size of awards will be determined by a competitive
process. However, funding is available for start up services,
enhancements or expansion of existing transit services, and for
planning studies and operational planning. Planning grants will be
limited to $25,000 in FY 2007 funds per applicant. Tribes may apply for
multiple year projects, but given the demand for the funding, it is
likely that only one year will be considered for FY 2007 funding.
Priority for FY 2007 funding will be given to continuation funding for
start-up projects selected in FY 2006. All tribes seeking FY 2007 funds
must submit a grant application to FTA by the deadline indicated above.
However, tribes applying for continuation funding may incorporate by
reference materials or information previously submitted to FTA as part
of their application for FY 2006 funding.
V. Eligibility Information
A. Eligible Applicants
Eligible direct recipients include Federally-recognized Indian
tribes or Alaska Native villages, groups, or communities as identified
by the Bureau of Indian Affairs (BIA) in the U.S. Department of the
Interior. To be eligible recipients, tribes must have the requisite
legal, financial and technical capabilities to receive and administer
Federal funds under this program.
B. Eligible Projects
Eligible recipients may use TTP funds for any purpose authorized
under the Section 5311 program. This means that grants can be awarded
to recipients located in rural and small urban areas with populations
under 50,000 not identified as an urbanized area by the Bureau of the
Census for public transportation capital projects, operating costs of
equipment and facilities for use in public transportation, planning,
and the acquisition of public transportation services, including
service agreements with private providers of public transportation
services. Service funded under this program must be designed to be
accessible to members of the general public who have disabilities.
Coordinated human service transportation that primarily serves elderly
persons and persons with disabilities, but that is not restricted from
carrying other members of the public, is considered available to the
general public if it is marketed as public transportation.
VI. Cost Sharing or Matching
No cost sharing is required for this program. However, FTA
encourages tribes to leverage the program funds and demonstrate
commitment to the project through in-kind contributions and use of
other funding sources that are available to support public
transportation service.
VII. Terms and Conditions
Section 3013 of SAFETEA-LU amended 49 U.S.C. 5311(c) by authorizing
funds for the TTP ``under such terms and conditions as may be
established by the Secretary.'' Pursuant to this discretionary
statutory authority in Section 5311(c), FTA published a Federal
Register notice dated March 22, 2006 (71 FR 14618), ``Public
Transportation on Indian Reservations Program (49 U.S.C. 5311(c)(1)):
Notice of Public Meetings, Proposed Grant Program Provisions,'' and
proposed certain statutory and regulatory terms and conditions that
should apply to grants awarded under the TTP. The statutory and
regulatory terms and conditions pertained only to U.S. Department of
Transportation and FTA requirements. As FTA indicated its March 22,
2006 Federal Register notice (71 FR 14618), FTA does not possess the
requisite authority to waive cross-cutting or government-wide statutory
and regulatory requirements (e.g., National Environmental Policy Act
requirements). However, to the extent permitted by law, and in
recognition of the unique status and autonomy of Indian tribal
governments, FTA has made every effort to establish terms and
conditions that balance the objective of the TTP, which will directly
benefit transit projects for Indian tribes, with other national
objectives (e.g., safety) that are important not only to Indian tribes,
but also to the general public.
FTA received a substantial number of comments from Indian tribes
and other groups concerning certain proposed terms and conditions for
the TTP. FTA addressed these comments in the Federal Register Notice
dated August 15, 2006, (71 FR 46878) and established appropriate grant
requirements for the TTP.
The following terms and conditions apply to the TTP:
1. Common Grant Rule (49 CFR part 18), ``Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments.'' This is a government-wide requirement that applies to
all Federal assistance programs.
2. Civil Rights Act of 1964, as amended (42 U.S.C. 2000d). Unless
Indian tribes are specifically exempted from civil rights statutes,
compliance with civil rights statutes is being required, including
compliance with equity in service. However, Indian tribes will not be
required to comply with FTA program-specific guidance for Title VI and
Title VII.
3. Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794 et seq.), and the Americans with Disabilities Act (ADA)
requirements in 49 CFR parts 27, 37, and 38. These are government-wide
requirements that apply to all Federal programs.
4. Drug and Alcohol Testing requirements (49 CFR part 655). FTA
will apply this requirement because it addresses a national safety
issue for operators of public transportation.
5. National Environmental Policy Act, as amended (42 U.S.C. 4321 et
seq). This is a government-wide requirement that applies to all Federal
programs.
6. Charter Service and School Bus transportation requirements in 49
CFR parts 604 and 605. The definition of ``public transportation'' in
49 U.S.C. 5302(a)(10) specifically excludes school bus and charter
service.
7. National Transit Database (NTD) Reporting requirement. Title 49
U.S.C. 5335 requires NTD reporting for recipients of Section 5311
funds. The TTP is a Section 5311 program that will provide funds
directly to Indian tribes. Therefore, this reporting requirement
applies.
8. Bus Testing requirements (49 CFR part 665). To ensure that
vehicles acquired under this program will meet adequate safety and
operational standards, this requirement will apply.
A comprehensive list and description for all of the statutory and
regulatory terms and conditions that apply to the TTP are set forth in
FTA's Master Agreement for the TTP available on FTA's Web site at:
http://www.fta.dot.gov/17861_18441_ENG_HTML.htm. In addition, as
part of their application for grant award, FTA will require selected
tribes to sign the Certifications and Assurances for the fiscal year in
which they apply for a grant. FTA has provided information concerning
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Certifications and Assurances in Appendix B of this notice.
VIII. Application and Submission Information
This notice includes all the information that a tribe will need to
apply for competitive selection. It is available on the FTA Web site at
http://www.fta.dot.gov. FTA will announce final selections on the Web
site and in the Federal Register. FTA will also post a synopsis of this
announcement on the government-wide electronic grants Web site at
http://www.grants.gov.
IX. Guidelines for Preparing Grant Application
FTA is conducting a national solicitation for applications under
the TTP. Project selection will be made on a competitive basis. FTA
will divide the applications into three categories for the purpose of
reviewing and selecting projects to be funded:
A. Start ups--applications for funding of new transit service;
B. Existing transit services--applications for funding of
enhancements or expansion of existing transit services (including
continuation of funding for start-ups selected for FY 2006 funding);
and
C. Planning--applications for funding of planning studies and
operational planning.
The application should provide information on all items for which
tribes are requesting funding in FY 2007, and indicate the specific
category in which the tribe is applying.
X. Application Content
A. Applicant Information
1. Name of federally recognized tribe and, if appropriate, the
specific tribal agency submitting the application.
2. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number if available. (Note: If selected, applicant will be required to
provide DUNS number prior to grant award, and DUNS number is required
for submitting through grants.gov).
3. Contact information for notification of project selection:
Contact name, address, and fax and phone number.
4. Description of public transportation services currently provided
by tribe if any including areas served.
5. Name of person(s) authorized to apply on behalf of tribe (signed
transmittal letter should accompany application if submitted in hard
copy or e-mail).
B. Technical, Legal, and Financial Capacity to Implement the Proposed
Project
Tribes that cannot demonstrate adequate capacity in technical,
legal and financial areas will not be considered for funding. Every
application must describe the tribe's technical, legal, and financial
capacity to implement the proposed project.
1. Legal Capacity: Provide documentation or other evidence to show
that the applicant is a Federally recognized tribe. Also, who is the
authorized representative to execute legal agreements with FTA on
behalf of the tribe? If currently operating transit service, does the
tribe have appropriate Federal or State operating authority?
2. Technical Capacity: Give examples of the tribe's management of
other Federal projects. What resources does the tribe have to implement
a transit project?
3. Financial Capacity: Does the tribe have adequate financial
systems in place to receive and manage a Federal grant? Describe the
tribe's financial systems and controls.
C. Project Information
1. Budget: Provide the Federal amount requested for each purpose
for which funds are sought and any funding from other sources that will
be provided. If applying for a multi year project (not to exceed 4
years), show annual request for each year by budget line item.
2. Project Description: Indicate the category for which funding is
requested i.e., Start-ups, Enhancements or replacements of existing
transit services, or Planning studies or operational planning grants.
Provide a summary description of the proposed project and how it will
be implemented (e.g., number and type of vehicles, service area,
schedules, type of services, fixed route or demand responsive, route
miles (if fixed route) and size of service area, major origins and
destinations, population served, and whether the tribe provide the
service directly or contract for services and how will vehicles be
maintained.
3. Project Timeline: Include significant milestones such as date of
contract for purchase of vehicle(s), actual or expected delivery date
of vehicles, and service start up dates.
D. Application Evaluation Criteria
Applications for funding of transit services should address the
application criteria based on project to be funded (for more detail see
section XII)
1. Criterion 1: Project Planning and Coordination.
2. Criterion 2: Demonstration of Need.
3. Criterion 3: Benefits of Project.
4. Criterion 4: Financial Commitment and Operating Capacity.
Applications for planning grants should address the criteria in
section XII, C of this notice.
E. Submission Dates and Times
Applicants may submit complete applications for the TTP in one of
the three ways: electronically through grants.gov, in hard copy to
Federal Transit Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, Attention: Lorna R. Wilson; or sending by e-mail
to fta.tribalprogram@dot.gov. by August 2, 2007 or submitted
electronically through the Grants.gov Web site by the same date. FTA
will announce grant selections when the competitive selection process
is complete.
F. Intergovernmental Review
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''
G. Funding Restrictions
FTA will only consider applications for funding from eligible
recipients for eligible activities (see section VI). Due to funding
limitations, applicants that are selected for funding may receive less
than the amount requested. The application process will allow an Indian
tribe to apply for multiple years of funding not to exceed four years.
No more than $25,000 in funding will be awarded per planning grant. The
remaining funds will be made available for applications for funding of
start up or new systems, and enhancements or expansion of existing
transit service.
H. Other Submission Requirements
Applicants submitting hard copies should submit five (5) copies of
their project proposal application to the Federal Transit
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20059,
Attention: Lorna Wilson, or apply electronically through the
government-wide electronic grant application portal at http://www.grants.gov.
Alternatively, applicants may submit applications as an e-mail
attachment to mailbox: fta.tribalprogram@dot.gov. Applicants applying
by e-mail must fax signature documents to 202-366-7951, Attention:
Lorna Wilson.
XI. Application Review Process
A. Competitive Selection Process
FTA will divide applications into three categories. The three
evaluation categories are as follows:
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Start-ups--Applications for funding of new transit
service.
Existing transit services--Applications for funding of
enhancements or expansion of existing transit services (including
continuation of funding for start-ups selected for FY 2006 funding).
Planning--Applications for funding of transit planning
studies and/or operational planning.
Applications will be grouped into their respective category for
review and scoring purposes. Applications for planning will be
evaluated using a pass/fail system, whereas start-up and existing
transit services applications will be scored based on the evaluation
criteria to determine rank for funding award determination purposes. An
applicant can receive up to 25 points for each evaluation criteria.
FTA intends to award the full amount of funding available in FY
2007 for the TTP. FTA encourages applicants to review the evaluation
criteria and all other related application information prior to
preparation of application. Applicants may receive technical assistance
for application development by contacting their FTA regional Tribal
liaison, Tribal Transportation Assistance Program (TTAP) center, or the
National Rural Transportation Assistance Program (RTAP) office. Contact
information for technical assistance can be found in Appendix C.
B. Evaluation Criteria
1. Project Planning and Coordination (25 Points)
In this section, the applicant should describe how the proposed
project was developed and demonstrate that there is a sound basis for
the project and that it is ready to implement if funded. Information
may vary depending on whether the tribe has a formal plan that includes
transit.
a. Applicants without a formal plan that includes transit are
advised to consider and address the following areas:
i. Provide a detailed project description including the proposed
service, vehicle and facility needs and other pertinent characteristics
of the proposed service implementation.
ii. Identify existing transportation services available to the
tribe and discuss whether the proposed project will provide
opportunities to coordinate service with existing transit services
including human service agencies, intercity bus services, or other
public transit providers.
iii. Discuss the level of support either by the community and/or
tribal government for the proposed project.
iv. Describe the implementation schedule for the proposed project
such as time frame, staffing, and procurement.
b. Applicants with a formal transit plan are advised to consider
and address the following areas:
i. Describe the planning document and/or the planning process
conducted to identify the proposed project.
ii. Describe how the mobility and client access needs of tribal
human service agencies were considered in the planning.
iii. Describe what opportunities for public participation were
provided in the planning process and how the proposed transit service
or existing service has been coordinated with transportation provided
for the clients of human service agencies, with intercity bus
transportation in the area, or with any other rural public transit
providers.
iv. Describe how the proposed service complements rather than
duplicates any currently available services.
v. Describe the implementation schedule for the proposed project,
including time frame, staffing, procurements, etc.
vi. Describe any other planning or coordination efforts that were
not mentioned above.
c. Based on the information provided as discussed in the above
section, proposals will be rated on the following:
i. Is there a sound basis for the proposed project?
ii. Is the project ready to implement?
2. Demonstration of Need (25 Points)
In this section, the application should demonstrate the transit
needs of the tribe and discuss how the proposed transit improvements
will address the identified transit needs of the tribe. Applications
may include information such as destinations and services not currently
accessible by transit, need for access to jobs or health care, special
needs of the elderly and individuals with disabilities, income-based
community needs, or other mobility needs.
Based on the information provided, the proposals will be rated on
the following:
a. Is there a demonstrated need for the project?
b. How well does the project fulfill the need?
3. Benefits of Project (25 Points)
In this section, applications should identify expected project
benefits. Possible examples include increased ridership and daily
trips, improved service, improved operations and coordination, and
economic benefits to the community.
Benefits can be demonstrated by identifying the population of
tribal members and non-tribal members in the proposed project service
area and estimating the number of daily, one-way trips the transit
service will provide and or the number of individual riders. There may
be many other, less quantifiable, benefits to the tribe and surrounding
community from this project. Please document, explain or show the
benefits in whatever format is reasonable to present them.
Based on the information provided, proposals will be rated based
on:
a. Will the project improve transit efficiency or increase
ridership?
b. Will the project provide improved mobility for the tribe?
c. Will the project improve access to important destinations and
services?
d. Are there other qualitative benefits?
4. Financial Commitment and Operating Capacity (25 Points)
In this section, the application should identify any other funding
sources used by the tribe to support existing or proposed transit
services, including human service transportation funding, Indian
Reservation Roads, or other FTA programs such as the Job Access and
Reverse Commute (JARC), New Freedom, section 5311, section 5310, or
section 5309 bus and bus facilities funding.
For existing services, the application should show how TTP funding
will supplement (not duplicate or replace) current funding sources. If
the transit system was previously funded under section 5311 through the
State's apportionment, describe how requested TTP funding will expand
available services.
Describe any other resources the tribe will contribute to the
project, including in-kind contributions, commitments of support from
local businesses, donations of land or equipment, and human resources,
and describe to what extent does the new project or funding for
existing service leverage other funding.
The tribe should show its ability to manage programs by
demonstrating the existing programs it administers, in any area of
expertise such as human services. Based on the information provided the
proposals will be rated on the extent to which the proposal
demonstrates that:
a. This project provides new services or complements existing
service.
b. TTP funding does not replace existing funding.
[[Page 16401]]
c. Tribe has or will provide non-financial support to project.
d. Tribe has demonstrated ability to provide other services or
manage other programs.
e. Project funds are used in coordination with other services for
efficient utilization of funds.
C. Proposals for Planning Grants
For planning grants, the applications should describe, in no more
than three pages, the need for and a general scope of the proposed
study.
1. Criteria: Need for Planning Study.
Based on the information provided, proposals will be rated pass/
fail based on the following:
a. Is the tribe committed to planning for transit?
b. Is the scope of the proposed study for tribal transit?
D. Review and Selection Process
Each application will be screened by a panel of members including
FTA Headquarters, and regional staff and representatives of the Indian
Reservation Roads Program. Incomplete or non-responsive applications
will be disqualified. FTA will make an effort to award a grant to as
many qualified applicant as possible.
XII. Award Administration Information
FTA will award grants directly to federally recognize Indian tribes
for the projects selected through this competition. Following
publication of the selected recipients, projects, and amounts, FTA
regional staff will assist the successful applicants to prepare an
electronic application for grant award. At that time, the tribe will be
required to sign the Certification and Assurances contained in Appendix
B. The Master Agreement is available on FTA's Web site at http://www.fta.dot.gov/17861_18441_ENG_HTML.htm
.
Applicants that are selected for grant awards under the TTP will be
required to formally designate, by resolution or other formal tribal
action, an authorized representative who will have the authority to
execute grant agreements on behalf of the Indian tribe with FTA and who
will also have the authority on behalf of the Indian tribe to execute
FTA's Annual List of Certifications and Assurances.
FTA will notify all applicants, both those selected for funding and
those not selected, when the competitive selection process is complete.
Projects selected for funding will be published in a Federal Register
notice.
XIII. Other Information
A. Technical Assistance
Technical assistance regarding these requirements is available from
each FTA regional office. The regional offices will contact those
applicants selected for funding regarding procedures for making the
required certifications and assurances to FTA before grants are made
and will provide assistance in preparing the documentation necessary
for grant award.
B. Certifications and Assurances
Applicants that are selected and formally notified of FTA's
intention to award a grant under the TTP will be required to complete
and execute FTA's Annual list of Certification and Assurances in
accordance with the procedures described in this Notice of Funding
Availability. The Annual List of Certifications and Assurances is
attached in Appendix B for informational purposes only.
C. Reporting
Title 49 U.S.C. 5335 requires recipients, including tribes, of
Section 5311 program funds to report data, specified in 49 U.S.C.
5311(b)(4) to the National Transit Database (NTD). Specific procedures
and data requirements for tribes are being developed and will be
available on the NTD Web site. For technical assistance, contact Lauren
Tuzikow at 703-462-5233, e-mail: Lauren.tuzikow@TSPUSA.com. For NTD
program information, contact Gary DeLorme at 202-366-1652. Annual
progress reports and financial status reports will be required of all
recipients.
D. Agency Contact(s)
Contact the appropriate FTA regional Tribal Liaison (Appendix A)
for application specific information and issues For general program
information, contact Lorna R. Wilson, Office of Transit Programs, at
(202) 366-2053, e-mail: Lorna.Wilson@dot.gov. A TDD is available at 1-
800-877-8339 (TDD/FIRS).
Issued in Washington, DC, this 29th day of March, 2007.
James S. Simpson,
Administrator.
Appendix A--FTA Regional Offices and Tribal Transit Liaisons
Region I--Massachusetts, Rhode Island, Connecticut, New Hampshire,
Vermont and Maine, Richard H. Doyle, FTA Regional Administrator,
Volpe National Transportation Systems Center, Kendall Square 55
Broadway, Suite 920, Cambridge, MA 02142-1093, Phone: (617) 494-
2055, Fax: (617) 494-2865, Regional Tribal Liaison: Judi Molloy.
Region II--New York, New Jersey Brigid Hynes-Cherin, FTA Regional
Administrator, One Bowling Green, Room 429, New York, NY 10004-1415,
Phone: (212) 668-2170, Fax: (212) 668-2136, Regional Tribal Liaison:
Rebecca Reyes-Alicea.
Region III--Pennsylvania, Maryland, Virginia, West Virginia,
Delaware, Washington, DC, Herman Shipman, Acting FTA Regional
Administrator, 1760 Market Street, Suite 500, Philadelphia, PA
19103-4124, Phone: (215) 656-7100, Fax: (215) 656-7260,
Region IV--Georgia, North Carolina, South Carolina, Florida,
Mississippi, Tennessee, Kentucky, Alabama, Puerto Rico, Virgin
Islands, Yvette G. Taylor, FTA Regional Administrator, 61 Forsyth
Street, S.W., Suite 17T50, Atlanta, GA 30303, Phone: (404) 562-3500,
Fax: (404) 562-3505, Regional Tribal Liaisons: Jamie Pfister and
James Garland.
Region V--Illinois, Indiana, Ohio, Wisconsin, Minnesota, Michigan,
Marisol R. Simon, FTA Regional Administrator, 200 West Adams Street,
Suite 320, Chicago, IL 60606-5232, Phone: (312) 353-2789, Fax: (312)
886-0351, Regional Tribal Liaisons: William Wheeler.
Region VI--Texas, New Mexico, Louisiana, Arkansas, Oklahoma, Robert
Patrick, FTA Regional Administrator, 819 Taylor Street, Room 8A36,
Ft. Worth, TX 76102, Phone: (817) 978-0550, Fax: (817) 978-0575,
Regional Tribal Liaison: Lynn Hayes.
Region VII--Iowa, Nebraska, Kansas, Missouri, Mokhtee Ahmad, FTA
Regional Administrator, 901 Locust Street, Suite 404, Kansas City,
MO 64106, Phone: (816) 329-3920, Fax: (816) 329-3921, Regional
Tribal Liaisons: Joni Roeseler and Cathy Monroe.
Region VIII--Colorado, North Dakota, South Dakota, Montana, Wyoming,
Utah, Letitia A. Thompson, Acting FTA Regional Administrator, 12300
West Dakota Avenue, Suite 310, Lakewood, CO 80228-2583, Phone: (720)
963-3300, Fax: (720) 963-3333, Regional Tribal Liaisons: Jennifer
Stewart and David Beckhouse.
Region IX--California, Arizona, Nevada, Hawaii, American Samoa,
Guam, Leslie Rogers, FTA Regional Administrator, 201 Mission Street,
Suite 1650, San Francisco, CA 94105-1831, Phone: (415) 744-3133,
Fax: (415) 744-2726, Regional Tribal Liaison: Donna Turchie.
Region X--Washington, Oregon, Idaho, Alaska, Richard Krochalis, FTA
Regional Administrator, Jackson Federal Building, 915 Second Avenue,
Suite 3142, Seattle, WA 98174-1002, Phone: (206) 220-7954, Fax:
(206) 220-7959, Regional Tribal Liaisons: Bill Ramos and Annette
Clothier.
Appendix B--Certifications and Assurances
Federal Fiscal Year 2007 Certifications and Assurances for the Federal
Transit Administration Tribal Transit Program
In accordance with 49 U.S.C. 5323(n), the following
certifications and assurances have been compiled for the Federal
Transit
[[Page 16402]]
Administration (FTA) Public Transportation on Indian Reservation
Program (Tribal Transit Program) authorized by 49 U.S.C. 5311(c)(1).
The Applicant understands and agrees that these certifications
and assurances are pre-award requirements and do not encompass all
statutory and regulatory requirements that may apply to the
Applicant or its Project. A comprehensive list of those requirements
will be contained in the Grant Agreement including the Master
Agreement accompanying an award under the Tribal Transit Program
(TTP).
FTA and the Applicant also understand and agree that not every
certification and assurance will apply to every Project for which
FTA provides Federal financial assistance through the TTP. The type
of Project will determine which requirements apply. For example FTA
believes that the following requirements within the listed
certifications and assurances will have limited, if any, impact:
1. Many provisions required by the Office of Management and
Budget (OMB) set forth in Certification F involve requirements that
in most cases will not be invoked, such as:
a. Title III of the Uniform Relocation and Real Property
Acquisition Policies Act, as amended, and implementing U.S.
Department Of Transportation (U.S. DOT) regulations will apply only
when the Applicant acquires real property with FTA assistance.
b. Title II of the Uniform Relocation and Real Property
Acquisition Policies Act, as amended, and implementing U.S. DOT
regulations will apply only when the Applicant's project requires
relocation of a person or business; and the Lead-Based Paint
Poisoning Prevention Act is invoked only in connection with
residential construction, not likely to take place under the TTP.
c. The Flood Disaster Protection Act applies to projects in
flood hazard areas.
d. Only for construction projects will the Davis-Bacon Act,
Seismic Safety regulations, and OMB engineering supervision
requirements apply.
e. Many environmental protection requirements are limited to the
specific problem addressed by the statute. If, for example, the
project will not affect endangered species, the requirements of the
Endangered Species Act will not be invoked.
2. With respect to Certification H, ``Bus Testing,'' only if the
Applicant acquires the first bus of a new bus model or the first bus
of a new major configuration of a new bus will FTA's Bus Testing
requirements be invoked.
Except to the extent that FTA determines otherwise in writing,
each Applicant for TTP assistance, however, must provide all
certifications and assurance set forth below. FTA may not award any
Federal assistance under the TTP until the Applicant provides these
certifications and assurances.
A. Assurance of Authority of the Applicant and Its Representative
The authorized representative of the Applicant and the attorney
who sign these certifications, assurances, and agreements affirm
that both the Applicant and its authorized representative have
adequate authority under Federal and Indian tribal law, regulations,
or by-laws to:
(1) Execute and file the application for Federal assistance on
behalf of the Applicant;
(2) Execute and file the required certifications, assurances,
and agreements on behalf of the Applicant binding the Applicant; and
(3) Execute grant agreements with FTA on behalf of the
Applicant.
B. Standard Assurances
The Applicant assures that it will comply with all applicable
Federal statutes and regulations in carrying out any project
supported by an FTA grant. The Applicant agrees that it is under a
continuing obligation to comply with the terms and conditions of the
Grant Agreement issued for its project with FTA. The Applicant
recognizes that Federal laws and regulations may be modified from
time to time and those modifications may affect project
implementation. The Applicant understands that Presidential
executive orders and Federal directives, including Federal policies
and program guidance may be issued concerning matters affecting the
Applicant or its project. The Applicant agrees that the most recent
Federal laws, regulations, and directives will apply to the project,
unless FTA issues a written determination otherwise.
C. Applicant's Capacity to Comply With Relevant Section 5311
Requirements
The Applicant assures that:
(1) It has or will have the necessary legal, financial, and
managerial capability to apply for, receive, and disburse Federal
assistance authorized for 49 U.S.C. 5311; and to carry out each
project, including the safety and security aspects of that project;
(2) It has or will have satisfactory continuing control over the
use of project equipment and facilities;
(3) The project equipment and facilities will be adequately
maintained; and
(4) Its project will achieve maximum feasible coordination with
transportation service assisted by other Federal sources.
D. Nondiscrimination Assurance
As required by Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000d, and by U.S. DOT regulations,
``Nondiscrimination in Federally-Assisted Programs of the Department
of Transportation--Effectuation of Title VI of the Civil Rights
Act,'' 49 CFR part 21 at 21.7, the Applicant assures that it will
comply with all requirements imposed by or issued pursuant to 42
U.S.C. 2000d, and 49 CFR part 21, so that no person in the United
States, on the basis of race, color, or national origin, will be
excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination in any program or activity
(particularly in the level and quality of transportation services
and transportation-related benefits) for which the Applicant
receives Federal assistance awarded by the U.S. DOT or FTA.
Specifically, during the period in which Federal assistance is
extended to the project, or project property is used for a purpose
for which the Federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long
as the Applicant retains ownership or possession of the project
property, whichever is longer, the Applicant assures that:
(1) Each project will be conducted, property acquisitions will
be undertaken, and project facilities will be operated in accordance
with all applicable requirements imposed by or issued pursuant to 42
U.S.C. 2000d, and 49 CFR part 21, and understands that this
assurance extends to its entire facility and to facilities operated
in connection with the project.
(2) It will promptly take the necessary actions to effectuate
this assurance, including notifying the public that complaints of
discrimination in the provision of transportation-related services
or benefits may be filed with U.S. DOT or FTA. Upon request by U.S.
DOT or FTA, the Applicant assures that it will submit the required
information pertaining to its compliance with these provisions.
(3) It will include in each subagreement, property transfer
agreement, third party contract, third party subcontract, or
participation agreement adequate provisions to extend the
requirements imposed by or issued pursuant to 42 U.S.C. 2000d and 49
CFR part 21 to other parties involved therein including any
subrecipient, transferee, third party contractor, third party
subcontractor at any level, successor in interest, or any other
participant in the project.
(4) Should it transfer real property, structures, or
improvements financed with Federal assistance provided by FTA to
another party, any deeds and instruments recording the transfer of
that property shall contain a covenant running with the land
assuring nondiscrimination for the period during which the property
is used for a purpose for which the Federal assistance is extended
or for another purpose involving the provision of similar services
or benefits.
(5) The United States has a right to seek judicial enforcement
with regard to any matter arising under the Act, regulations, and
this assurance.
(6) It will make any changes in its Title VI implementing
procedures as U.S. DOT or FTA may request to achieve compliance with
the requirements imposed by or issued pursuant to 42 U.S.C. 2000d
and 49 CFR part 21.
E. Assurance of Nondiscrimination on the Basis of Disability
As required by U.S. DOT regulations, ``Nondiscrimination on the
Basis of Handicap in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance,'' at 49 CFR 27.9, the Applicant
assures that, as a condition to the approval or extension of any
Federal assistance awarded by FTA to construct any facility, obtain
any rolling stock or other equipment, undertake studies, conduct
research, or to participate in or obtain any benefit from any
program administered by FTA, no otherwise qualified person with a
disability shall be, solely by reason of that disability, excluded
from participation in, denied the benefits of, or otherwise
subjected to discrimination in
[[Page 16403]]
any program or activity receiving or benefiting from Federal
assistance administered by the FTA or any entity within U.S. DOT.
The Applicant assures that project implementation and operations so
assisted will comply with all applicable requirements of U.S. DOT
regulations implementing the Rehabilitation Act of 1973, as amended,
29 U.S.C. 794, et seq., and the Americans with Disabilities Act of
1990, as amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT
regulations at 49 CFR parts 27, 37, and 38, and any other applicable
Federal laws that may be enacted or Federal regulations that may be
promulgated.
F. U.S. Office of Management and Budget (OMB) Assurances
Consistent with OMB assurances set forth in SF-424B and SF-424D,
the Applicant assures that, with respect to itself and its project,
the Applicant:
(1) Has the legal authority to apply for Federal assistance and
the institutional, managerial, and financial capability to ensure
proper planning, management, and completion of the project described
in its application;
(2) Will give FTA, the Comptroller General of the United States,
and, if appropriate, the state, through any authorized
representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted
accounting standards or agency directives;
(3) Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest or
personal gain;
(4) Will initiate and complete the work within the applicable
project time periods following receipt of FTA approval;
(5) Will comply with all applicable Federal statutes relating to
nondiscrimination including, but not limited to:
(a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which
prohibits discrimination on the basis of race, color, or national
origin;
(b) Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT
regulations, ``Nondiscrimination on the Basis of Sex in Education
Programs or Activities Receiving Federal Financial Assistance,'' 49
CFR part 25, which prohibit discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. 794 et seq., which prohibits discrimination on the basis
of disability;
(d) The Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 through 6107, which prohibits discrimination on the basis of
age;
(e) The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-
255, March 21, 1972, and amendments thereto, 21 U.S.C. 1174 et seq.
relating to nondiscrimination on the basis of drug abuse;
(f) The Comprehensive Alcohol Abuse and Alcoholism Prevention
Act of 1970, Pub. L. 91-616, Dec. 31, 1970, and amendments thereto,
42 U.S.C. 4581 et seq. relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(g) The Public Health Service Act of 1912, as amended, 42 U.S.C.
290dd-3 and 290ee-3, related to confidentiality of alcohol and drug
abuse patient records;
(h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq.,
relating to nondiscrimination in the sale, rental, or financing of
housing; and
(i) Any other nondiscrimination statute(s) that may apply to the
project;
(6) To the extent applicable, will comply with, or has complied
with, the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq.,
which, among other things, provide for fair and equitable treatment
of persons displaced or persons whose property is acquired as a
result of Federal or federally assisted programs. These requirements
apply to all interests in real property acquired for project
purposes and displacement caused by the project regardless of
Federal participation in any purchase. As required by sections 210
and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and
by U.S. DOT regulations, ``Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally Assisted Programs,''
49 CFR 24.4, the Applicant assures that it has the requisite
authority under its applicable tribal government law to comply with
the requirements of the Uniform Relocation Act, 42 U.S.C. 4601 et
seq., and U.S. DOT regulations, ``Uniform Relocation Assistance and
Real Property Acquisition for Federal and Federally Assisted
Programs,'' 49 CFR part 24, and will comply with that Act or has
complied with that Act and those implementing regulations, including
but not limited to the following:
(a) The Applicant will adequately inform each affected person of
the benefits, policies, and procedures provided for in 49 CFR part
24;
(b) The Applicant will provide fair and reasonable relocation
payments and assistance as required by 42 U.S.C. 4622, 4623, and
4624; 49 CFR part 24; and any applicable FTA procedures, to or for
families, individuals, partnerships, corporations, or associations
displaced as a result of any project financed with FTA assistance;
(c) The Applicant will provide relocation assistance programs
offering the services described in 42 U.S.C. 4625 to such displaced
families, individuals, partnerships, corporations, or associations
in the manner provided in 49 CFR part 24;
(d) Within a reasonable time before displacement, the Applicant
will make available comparable replacement dwellings to displaced
families and individuals as required by 42 U.S.C. 4625(c)(3);
(e) The Applicant will carry out the relocation process in such
manner as to provide displaced persons with uniform and consistent
services, and will make available replacement housing in the same
range of choices with respect to such housing to all displaced
persons regardless of race, color, religion, or national origin;
(f) In acquiring real property, the Applicant will be guided to
the greatest extent practicable under state law, by the real
property acquisition policies of 42 U.S.C. 4651 and 4652;
(g) The Applicant will pay or reimburse property owners for
necessary expenses as specified in 42 U.S.C. 4653 and 4654, with the
understanding that FTA will provide Federal financial assistance for
the Applicant's eligible costs of providing payments for those
expenses, as required by 42 U.S.C. 4631;
(h) The Applicant will execute such amendments to third party
contracts and subagreements financed with FTA assistance and
execute, furnish, and be bound by such additional documents as FTA
may determine necessary to effectuate or implement the assurances
provided herein; and
(i) The Applicant agrees to make these assurances part of or
incorporate them by reference into any third party contract or
subagreement, or any amendments thereto, relating to any project
financed by FTA involving relocation or land acquisition and provide
in any affected document that these relocation and land acquisition
provisions shall supersede any conflicting provisions;
(7) To the extent applicable, will comply with the Davis-Bacon
Act, as amended, 40 U.S.C. 3141 et seq., the Copeland ``Anti-
Kickback'' Act, as amended, 18 U.S.C. 874, and the Contract Work
Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq.,
regarding labor standards for federally assisted projects;
(8) To the extent applicable, will comply with the flood
insurance purchase requirements of section 102(a) of the Flood
Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a),
requiring the Applicant and its subrecipients in a special flood
hazard area to participate in the program and purchase flood
insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(9) To the extent applicable, will comply with the Lead-Based
Paint Poisoning Prevention Act, 42 U.S.C. 4831(b), which prohibits
the use of lead-based paint in the construction or rehabilitation of
residence structures;
(10) To the extent applicable, will not dispose of, modify the
use of, or change the terms of the real property title or other
interest in the site and facilities on which a construction project
supported with FTA assistance takes place without permission and
instructions from FTA;
(11) To the extent required by FTA, will record the Federal
interest in the title of real property, and will include a covenant
in the title of real property acquired in whole or in part with
Federal assistance funds to assure nondiscrimination during the
useful life of the project;
(12) To the extent applicable, will comply with FTA provisions
concerning the drafting, review, and approval of construction plans
and specifications of any construction project supported with FTA
assistance. As required by U.S. DOT regulations, ``Seismic Safety,''
49 CFR 41.117(d), before accepting delivery of any building financed
with FTA assistance, it will obtain a certificate of compliance with
the seismic design and construction requirements of 49 CFR part 41;
[[Page 16404]]
(13) To the extent applicable, will provide and maintain
competent and adequate engineering supervision at the construction
site of any project supported with FTA assistance to ensure that the
complete work conforms with the approved plans and specifications,
and will furnish progress reports and such other information as may
be required by FTA or the state;
(14) To the extent applicable, will comply with any applicable
environmental standards that may be prescribed to implement the
following Federal laws and executive orders:
(a) Institution of environmental quality control measures under
the National Environmental Policy Act of 1969, as amended, 42 U.S.C.
4321 through 4335 and Executive Order No. 11514, as amended, 42
U.S.C. 4321 note;
(b) Notification of violating facilities pursuant to Executive
Order No. 11738, 42 U.S.C. 7606 note;
(c) Protection of wetlands pursuant to Executive Order No.
11990, 42 U.S.C. 4321 note;
(d) Evaluation of flood hazards in floodplains in accordance
with Executive Order No. 11988, 42 U.S.C. 4321 note;
(e) Assurance of project consistency with the approved state
management program developed pursuant to the requirements of the
Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451
through 1465;
(f) Conformity of Federal actions to State (Clean Air)
Implementation Plans under section 176(c) of the Clean Air Act of
1955, as amended, 42 U.S.C. 7401 through 7671q;
(g) Protection of underground sources of drinking water under
the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f
through 300j-6;
(h) Protection of endangered species under the Endangered
Species Act of 1973, as amended, 16 U.S.C. 1531 through 1544; and
(i) Environmental protections for Federal transportation
programs, including, but not limited to, protections for parks,
recreation areas, or wildlife or waterfowl refuges of national,
state, local, or tribal government significance or any land from a
historic site of national, state, local, or tribal government
significance to be used in a transportation project as required by
49 U.S.C. 303(b) and 303(c);
(j) Protection of the components of the national wild and scenic
rivers systems, as required under the Wild and Scenic Rivers Act of
1968, as amended, 16 U.S.C. 1271 through 1287; and
(k) Provision of assistance to FTA in complying with section 106
of the National Historic Preservation Act of 1966, as amended, 16
U.S.C. 470f; with the Archaeological and Historic Preservation Act
of 1974, as amended, 16 U.S.C. 469 through 469c; and with Executive
Order No. 11593 (identification and protection of historic
properties), 16 U.S.C. 470 note;
(15) Because a tribal government is not covered by the Hatch
Act, the Applicant is not required to comply with the requirements
of the Hatch Act, 5 U.S.C. 1501 through 1508 and 7324 through 7326,
which limit the political activities of state and local agencies and
their officers and employees whose primary employment activities are
financed in whole or part with Federal funds including a Federal
grant agreement except, in accordance with 49 U.S.C. 5307(k)(2) and
23 U.S.C. 142(g), the Hatch Act does not apply to a nonsupervisory
employee of a public transportation system (or of any other agency
or entity performing related functions) receiving FTA assistance to
whom that Act does not otherwise apply;
(16) To the extent applicable, will comply with the National
Research Act, Pub. L. 93-348, July 12, 1974, as amended, 42 U.S.C.
289 et seq., and U.S. DOT regulations, ``Protection of Human
Subjects,'' 49 CFR part 11, regarding the protection of human
subjects involved in research, development, and related activities
supported by Federal assistance;
(17) To the extent applicable, will comply with the Laboratory
Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., and
U.S. Department of Agriculture regulations, ``Animal Welfare,'' 9
CFR subchapter A, parts 1, 2, 3, and 4, regarding the care,
handling, and treatment of warm blooded animals held or used for
research, teaching, or other activities supported by Federal
assistance;
(18) Will have performed the financial and compliance audits as
required by the Single Audit Act Amendments of 1996, 31 U.S.C. 7501
et seq., OMB Circular A-133, ``Audits of States, Local Governments,
and Non-Profit Organizations,'' Revised, and the most recent
applicable OMB A-133 Compliance Supplement provisions for the U.S.
DOT; and
(19) To the extent applicable, will comply with all applicable
provisions of all other Federal laws, regulations, and directives
governing the project, except to the extent that FTA has expressly
approved otherwise in writing.
G. Procurement Compliance
In accordance with 49 CFR 18.36(g)(3)(ii), the Applicant
certifies that its procurement system will comply with the
requirements of 49 CFR 18.36, or will inform FTA promptly that its
procurement system does not comply with 49 CFR 18.36.
H. Bus Testing
As required by 49 U.S.C. 5318 and FTA regulations, ``Bus
Testing,'' at 49 CFR 665.7, the Applicant certifies that, before
expending any Federal assistance to acquire the first bus of any new
bus model or any bus model with a new major change in configuration
or components, or before authorizing final acceptance of that bus
(as described in 49 CFR part 665), the bus model:
A. Will have been tested at FTA's bus testing facility; and
B. Will have received a copy of the test report prepared on the
bus model.
I. Charter Service Agreement
(1) As required by 49 U.S.C. 5323(d) and (g) and FTA
regulations, ``Charter Service,'' at 49 CFR 604.7, the Applicant
agrees that it and each subrecipient and third party contractor at
any tier will:
(a) Provide charter service that uses equipment or facilities
acquired with Federal assistance authorized under 49 U.S.C. chapter
53 (except 49 U.S.C. 5310 or 5317), or under 23 U.S.C. 133 or 142
for transportation projects, only to the extent that there are no
private charter service operators willing and able to provide the
charter service that it or its subrecipients or third party
contractors at any tier desire to provide, unless one or more of the
exceptions in 49 CFR 604.9 applies; and
(b) Comply with the requirements of 49 CFR part 604 before
providing any charter service using equipment or facilities acquired
with Federal assistance authorized under 49 U.S.C. chapter 53
(except 49 U.S.C. 5310 or 5317), or under 23 U.S.C. 133 or 142 for
transportation projects.
(2) The Applicant understands that:
(a) The requirements of 49 CFR part 604 will apply to any
charter service it or its subrecipients or third party contractors
provide,
(b) The definitions of 49 CFR part 604 will apply to this
Charter Service Agreement, and
(c) A violation of this Charter Service Agreement may require
corrective measures and imposition of penalties, including debarment
from the receipt of further Federal assistance for transportation.
J. School Transportation Agreement
(1) As required by 49 U.S.C. 5323(f) and (g) and FTA regulations
at 49 CFR 605.14, the Applicant agrees that it and each subrecipient
or third party contractor at any tier will:
(a) Engage in school transportation operations in competition
with private school transportation operators only to the extent
permitted by 49 U.S.C. 5323(f) and (g), and Federal regulations; and
(b) Comply with the requirements of 49 CFR part 605 before
providing any school transportation using equipment or facilities
acquired with Federal assistance authorized under 49 U.S.C. chapter
53 or under 23 U.S.C. 133 or 142 for transportation projects.
(2) The Applicant understands that:
(a) The requirements of 49 CFR part 605 will apply to any school
transportation service it or its subrecipients or third party
contractors provide,
(b) The definitions of 49 CFR part 605 will apply to this School
Transportation Agreement, and
(c) A violation of this School Transportation Agreement may
require corrective measures and imposition of penalties, including
debarment from the receipt of further Federal assistance for
transportation.
K. Demand Responsive Service
As required by U.S. DOT regulations, ``Transportation Services
for Individuals with Disabilities (ADA),'' at 49 CFR 37.77(d), the
Applicant certifies that its demand responsive service offered to
individuals with disabilities, including individuals who use
wheelchairs, is equivalent to the level and quality of service
offered to individuals without disabilities. When the Applicant's
service is viewed in its entirety, the Applicant's service for
individuals with disabilities is provided in the most integrated
setting feasible and is equivalent with respect to: (1) Response
time, (2) fares, (3) geographic service area, (4) hours and days of
service, (5) restrictions on trip purpose, (6) availability of
information and reservation capability, and
[[Page 16405]]
(7) constraints on capacity or service availability.
L. Alcohol Misuse and Prohibited Drug Use
As required by FTA regulations, ``Prevention of Alcohol Misuse
and Prohibited Drug Use in Transit Operations,'' at 49 CFR part 655,
subpart I, the Applicant certifies that it has established and
implemented an alcohol misuse and anti-drug program, and has
complied with or will comply with all applicable requirements of FTA
regulations, ``Prevention of Alcohol Misuse and Prohibited Drug Use
in Transit Operations,'' 49 CFR part 655.
M. National Intelligent Transportation Systems Architecture and
Standards
An Applicant for FTA assistance for an Intelligent
Transportation Systems (ITS) project, defined as any project that in
whole or in part finances the acquisition of technologies or systems
of technologies that provide or significantly contribute to the
provision of one or more ITS user services as defined in the
National ITS Architecture, will use its best efforts to ensure that
any Intelligent Transportation System solutions used in its Project
do not preclude interface with other Intelligent Transportation
Systems in the Region. (See, FTA Federal Register notice dated,
January 8, 2001 ``FTA National ITS Architecture Policy on Transit
Projects'' (66 FR 1455, and other FTA Program Guidance that may be
issued.)
Federal Fiscal Year 2006 Certifications and Assurances for the Tribal
Transit Program
Signature Pages (Required of All Applicants for FTA Assistance for the
Tribal Transit Program)
Affirmation of Applicant
Name of Applicant:
-----------------------------------------------------------------------
Name and Relationship of Authorized Representative:
-----------------------------------------------------------------------
BY SIGNING BELOW, on behalf of the Applicant, I declare that the
Applicant has duly authorized me to make these certifications and
assurances and bind the Applicant's compliance. Thus, the Applicant
agrees to comply with all Federal statutes, regulations, executive
orders, and Federal requirements applicable to each application for
Tribal Transit Program assistance authorized by 49 U.S.C. 5311(c)(1)
it makes to the Federal Transit Administration (FTA) in Federal
Fiscal Year 2007.
The Applicant affirms the truthfulness and accuracy of the
certifications and assurances it has made in the statements
submitted herein with this document and any other submission made to
FTA, and acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S.
DOT regulations, ``Program Fraud Civil Remedies,'' 49 CFR part 31
apply to any certification, assurance or submission made to FTA. The
criminal fraud provisions of 18 U.S.C. 1001 apply to any
certification, assurance, or submission made in connection with the
Tribal Transit Program and may apply to any other certification,
assurance, or submission made in connection with any other program
administered by FTA.
In signing this document, I declare under penalties of perjury
that the foregoing certifications and assurances, and any other
statements made by me on behalf of the Applicant are true and
correct.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Name:------------------------------------------------------------------
Authorized Representative of Applicant
Affirmation of Applicant's Attorney
For (Name of Applicant):
-----------------------------------------------------------------------
As the undersigned Attorney for the above named Applicant, I
hereby affirm to the Applicant that it has authority under its
tribal government law to make and comply with the certifications and
assurances as indicated on the foregoing pages. I further affirm
that, in my opinion, the certifications and assurances have been
legally made and constitute legal and binding obligations on the
Applicant.
I further affirm to the Applicant that, to the best of my
knowledge, there is no legislation or litigation pending or imminent
that might adversely affect the validity of these certifications and
assurances, or of the performance of the project.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Name:------------------------------------------------------------------
Attorney for Applicant
[Each Applicant for FTA Tribal Transit Program assistance must
provide an Affirmation of Applicant's Attorney pertaining to the
Applicant's legal capacity. The Applicant may enter its signature in
lieu of the Attorney's signature, provided the Applicant has on file
this Affirmation, signed by the attorney and dated this Federal
fiscal year, and the Attorney's Affirmation has been entered into
the TEAM-Web system as an attachment.]
Appendix C--Technical Assistance Contacts
Tribal Technical Assistance Program (TTAP) Centers
TTAP--Alaska
Alaska Tribal Technical Assistance Program, NW & AK TTAP 329 Harbor
Dr. 208, Sitka, AK 99835, Contact: Dan Moreno, Telephone:
(800) 399-6376, Fax: (907) 747-5032, E-mail: dmoreno@mail.ewu.edu,
Web: http://www.ewu.edu/TTAP.
TTAP--California
TTAP--California-Nevada, The National Center for American Indian
Enterprise Development 11138 Valley Mall, Suite 200, El Monte, CA
91731, Contact: Lee Bigwater, Telephone: (626) 350-4446, Fax: (626)
442-7115.
TTAP--Colorado
Tribal Technical Assistance Program at Colorado State University,
Rockwell Hall, Rm. 321, Colorado State University, Fort Collins, CO
80523-1276, Contact: Ronald Hall, Telephone: (800) 262-7623, Fax:
(970) 491-3502, E-mail: ronald.hall@colostate.edu, Web: http://ttap.colostate.edu/
.
TTAP--Michigan
Tribal Technical Assistance Program 301-E Dillman Hall, Michigan
Technological University 1400 Townsend Dr, Houghton, MI 49931-1295,
Contact: Bernard D. Alkire, Telephone: (888) 230-0688, Fax: (906)
487-1834, E-mail: balkire@mtu.edu, Web: http://www.ttap.mtu.edu.
TTAP--North Dakota
Northern Plains Tribal Technical Assistance Program, United Tribes
Technical College 3315, University Drive, Bismarck, ND 58504,
Contact: Dennis Trusty, Telephone: (701) 255-3285, ext. 1262, Fax:
(701) 530-0635, E-mail: nddennis@hotmail.com or dtrusty@uttc.edu,
Web: http://www.uttc.edu/organizations/ttap/ttap.asp.
TTAP--NW
Northwest Tribal Technical Assistance Program, Eastern Washington
University Department of Urban Planning, Public & Health
Administration, 216 Isle Hall, Cheney, WA 99004, Contact: David
Frey, Telephone: (800) 583-3187, Fax: (509) 359-7485, E-mail:
rrolland@ewu.edu, Web: http://www.ewu.edu/TTAP.
TTAP--Oklahoma
Tribal Technical Assistance Program at Oklahoma State University,
Oklahoma State University, 5202 N. Richmond Hills Road, Stillwater,
OK 74078-0001, Contact: James Self, Telephone: (405) 744-6049, Fax:
(405) 744-7268, E-mail: jim.self@okstate.edu, Web: http://ttap.okstate.edu
.
National RTAP (National Rural Transit Assistance Program), E-mail:
nationalrtap@apwa.net, http://www.nationalrtap.org/, Dave Barr, 202-
218-6722.
Community Transportation Association of America, The Resource
Center--1800-891-0590, http://www.ctaa.org/.
[FR Doc. E7-6199 Filed 4-3-07; 8:45 am]
BILLING CODE 4910-57-P