Public Transportation on Indian Reservations Program; Tribal Transit Program, 46959-46973 [06-6911]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 157 (Tuesday, August 15, 2006)]
[Notices]
[Pages 46959-46973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6911]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2006-24143]


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 2006 tribal Transit Program Funds.

-----------------------------------------------------------------------

SUMMARY: This Notice accomplishes several purposes. First, the U.S. 
Department of Transportation, Federal Transit Administration (FTA) 
summarizes and responds to written comments FTA received in response to 
a March 22, 2006, Federal Register Notice regarding proposed grant 
program provisions for this new program and to oral comments FTA 
received during two announced public meetings on this program that were 
held on April 4, 2006, in Denver, Colorado, and on April 7, 2006, in 
Kansas City, Missouri. Second, this Notice announces the availability 
of funds in fiscal year (FY) 2006 for the Public Transportation on 
Indian Reservations Program, a new program authorized by the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users. Finally, this Notice announces a national solicitation for 
applications, with grantees and projects to be selected on a 
competitive basis; the grant terms and conditions that will apply to 
this new program; and grant application procedures and selection 
criteria for FY 2006 projects.

ADDRESSES: This announcement is available on the FTA's Web site at: 
https://www.fta.dot.gov. FTA will announce final selections on the Web 
site and in the Federal Register. A synopsis of this announcement will 
be posted on the governmentwide electronic grants Web site at: https://
www.GRANTS.GOV. Applications may be submitted in one of three ways: 
electronically through GRANTS.GOV, in hard copy to Federal Transit 
Administration, 400 Seventh Street, SW., Room 9315,Washington, DC 
20590, Attention: Lorna R. Wilson; or sending by e-mail to 
fta.tribalprogram@dot.gov.

DATES: Complete applications for Public Transportation on Indian 
Reservations Program grants must be submitted in hard copy to the FTA, 
via e-mail by October 16, 2006, or submitted electronically through the 
GRANTS.GOV Web site by October 16, 2006. 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 if unable to apply electronically.

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, (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. Comments and Responses
    A. Process and Criteria
    B. Terms and Conditions
    C. Other Issues
IV. Funding Opportunity Description
    A. Authorized Funding for FY2006
    B. Background
V. Award Information
VI. Eligibility Information
    A. Eligible Applicants
    B. Eligible Projects
VII. Cost Sharing or Matching
VIII. Terms and Conditions
IX. Application Submission Information
X. Guidelines for Preparing Grant Application
XI. Application Content
    A. Application Information
    B. Technical, Legal, and Financial Capacity
    C. Project Information
    D. Application Evaluation Criteria
    E. Submission Dates
    F. Intergovernmental Review
    G. Funding Restrictions
    H. Other Submission Requirements
XII. 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
XIII. Award Information
XIV. Other Information
    A. Technical Assistance
    B. Standard Assurances
    C. Reporting
    D. Agency Contacts
Appendices
    Appendix A. FTA Regional Offices and Tribal Liaison
    Appendix B. Federal Fiscal Years 2006 and 2007 Certifications 
and Assurances for the Federal Transit Administration Public 
Transportation on Indian Reservations Program
    Appendix C. Technical Assistance Contacts

I. Overview

    Section 3013 of SAFETEA-LU amended 49 U.S.C. 5311(c) by 
establishing the Public Transportation on Indian Reservations Program 
(hereinafter referred to as the Tribal Transit Program). This new 
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 level authorized for this new program 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 
Tribal Transit Program are not meant to replace or reduce funds that 
Indian tribes receive from States through FTA's Nonurbanized Area 
Formula Program.

[[Page 46960]]

II. Background

    FTA published a Notice in the Federal Register dated November 30, 
2005 (70 FR 71950), ``FTA Transit Program Changes, Authorized Funding 
Levels and Implementation of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users: Notice'' which announced 
changes to current FTA programs and new programs, including the Tribal 
Transit Program. In the November 30, 2005, Federal Register Notice, FTA 
set forth and requested public comments on the proposed basis for 
formula apportionment for the Tribal Transit Program, eligible grant 
purposes, and proposed program requirements.
    On March 22, 2006, FTA published a Notice in the Federal Register 
(71 FR 14618), ``Public Transportation on Indian Reservations Program 
(49 U.S.C. 5311(c)(1): Notice of Public Meetings, Proposed Grant 
Program Provisions; Notice.'' FTA responded to comments that were 
received from the public in response to the November 30, 2005 Federal 
Register Notice, and requested additional comment on the following 
issues: the proposed basis for allocating funds; grantee eligibility; 
eligible purposes for grant funds; proposed terms and conditions for 
the grant program, and local share options. The Notice also announced 
two one-day outreach meetings on the Tribal Transit Program. The 
comment period on the March 22, 2006, Federal Register Notice ended on 
April 21, 2006, but comments submitted after that date were considered.

III. Comments and Responses

    FTA received 28 written comments in response to the March 22, 2006, 
Federal Register Notice and additional oral comments were received from 
the Indian tribes and other organizations at the two public outreach 
meetings that were held in April 2006. A summary of the oral comments 
were placed in the docket for this Notice. All of the written and oral 
comments received by FTA during the comment period can be divided into 
the following categories: (a) The process and the criteria that should 
be established by FTA to allocate funding under the Tribal Transit 
Program; (b) the terms and conditions that should be applied to grants 
awarded under the Tribal Transit Program, which includes the proposed 
options for local match; and (c) other issues that were not 
specifically proposed or addressed in the March 22, 2006 Federal 
Register Notice. The comments received from the Indian tribes and 
others were generally very favorable to the establishment and 
implementation of this new program and proposed program requirements. 
However, the Indian tribes and others strongly disagreed with some of 
FTA's proposals in the March 22, 2006, Federal Register Notice. The 
Indian tribes also offered recommendations and changes to FTA's 
proposals based on their unique perspective and experience in providing 
public transportation on Indian reservations.

A. Process and Criteria

    The March 22, 2006, Federal Register Notice proposed a single 
annual competitive selection process to fund both new and existing 
tribal transit systems and suggested not establishing minimum or 
maximum awards. In addition, the Notice proposed the following five 
criteria that would be evaluated and rated by FTA in making an award 
selection: Demonstration of need; benefits of the project; adequacy of 
project planning; financial commitment; and coordination. The Indian 
tribes were mostly in agreement on FTA's proposal to make single annual 
competitive selections for awards under the Tribal Transit Program. 
However, there were divergent comments received concerning the criteria 
proposed by FTA for project funding under this new program. We will 
address the comments that were submitted by the Indian tribes and 
others in the following section of this document.
    Comment: There were multiple comments concerning FTA's proposal for 
allocating funds in this new program. Several comments from small 
Indian tribes observed that FTA's criteria appeared to be biased in 
favor of existing tribal transit systems. Comments from larger Indian 
tribes stated that the criteria should be based on established transit 
systems or for tribes that have identified their transit needs in the 
Tribal Transportation Improvement Program. Other comments suggested an 
additional criterion that would consider the reasonableness of the 
amount requested or that projects should be funded for multiple years 
to ensure successful implementation of transit projects.
    Response: FTA will ensure that there will be an equitable 
distribution of funds in this new program for eligible transit projects 
that are planned, constructed, or operated by the Indian tribes. FTA 
has decided to include the following four criteria: project planning 
and coordination; demonstration of need; benefits of project; and 
financial commitment and operating capacity.
    In addition, to further ensure an equitable distribution of funds 
in this new program, FTA will separately evaluate proposals under the 
following three categories: (1) Start-up operations; (2) enhancements 
or expansions of existing transit services; and (3) transit planning 
and/or operational planning grants. The application process will also 
allow a tribal government to apply for multiple years of funding, 
subject to the availability of appropriations.

B. Terms and Conditions

    Comment: There was a clear consensus that strongly disagreed with 
FTA's interpretation of section 5311(c) prohibiting the use of funds in 
the Tribal Transit Program for planning purposes. Commenters argued 
that the statute permits funds in the Tribal Transit Program to be used 
for any purpose eligible under section 5311. The commenters stated that 
other subsections of section 5311 permit the use of section 5311 funds 
for planning. Therefore, planning should be an eligible purpose under 
section 5311(c).
    Response: FTA's interpretation that planning was not an eligible 
use of Tribal Transit Program funds was based on the program's history. 
As originally enacted, Nonurbanized Area Formula Program funds could be 
used only for capital and operating purposes. Although planning was 
permitted under certain situations set forth in subsections (e) and (f) 
of section 5311, FTA viewed the limited eligibility of planning in 
these subsections as an exception to the general rule that planning was 
not an eligible purpose. It followed that ``any purpose eligible under 
[section 5311]'' meant that section 5311(c)(1) funds could only be used 
for capital and operating purposes.
    Based on the comments submitted to the docket from the Indian 
tribes and other organizations, and comments heard at the two public 
outreach meetings held in April 2006 concerning the issue that planning 
should be eligible under this new program, FTA reviewed section 
5311(c), as amended by SAFETEA-LU, to determine whether a more 
expansive interpretation of the statute might be justified. Under a 
general rule of statutory construction that gives weight to the plain 
meaning of a statute, we construe the word ``any'' in section 
5311(c)(1) to be synonymous with ``all'' eligible purposes under 
section 5311. This rule of statutory construction is consistent with 
U.S. Supreme Court decisions which have long held that there is no more 
persuasive evidence of the purpose of a statute than the words by which 
the legislature undertook to give expression

[[Page 46961]]

to its wishes. U.S. v. American Trucking Ass'ns., 310 U.S. 534, 543 
(1940). By applying this rule of statutory construction, FTA has 
determined that a broader interpretation of this statute will more 
effectively carry out the purpose of this new program. FTA therefore 
interprets Section 5311(c) to allow funds apportioned to Indian tribes 
to be used for ``any'' purpose identified under section 5311, which 
includes planning activities.
    FTA notes, however, that because section 5311(c)(1) also states 
that the Tribal Transit Program funds are to be apportioned under such 
terms and conditions established by FTA, FTA has the discretion to 
limit the amount of funds available for each eligible purpose under 
this program. Accordingly, FTA will limit the amount of funds that are 
available for planning in the Tribal Transit Program to 15 percent of 
the grant award. In addition, for grants that are exclusively for 
planning purposes, FTA will limit the amount of funds to $25,000 per 
applicant.
    Comment: Many of the Indian tribes, and several State Departments 
of Transportation, commented on FTA's proposal for planning 
requirements. They disagreed with FTA's proposal that Tribal 
Transportation Improvement Plans (TTIP) or Long Range Transportation 
Plans be attached or included in the Statewide Transportation 
Improvement Program (STIP). The State DOT's specifically contended that 
a TTIP which did not meet various legal requirements (e.g., public 
participation, fiscally constrained plans) could potentially disqualify 
the State's STIP process. Therefore, they suggested that this proposed 
planning requirement be omitted entirely or, alternatively, that the 
TTIP be attached to a STIP for informational purposes only and that the 
TTIP not be considered a formal part of the STIP.
    Response: FTA agrees with this concern. FTA recognizes that Indian 
tribes are not subject to Federal planning requirements. To require the 
attachment of tribal transportation plans to a STIP could not only 
cause unnecessary delay to the grant making process but also 
potentially invalidate the State's STIP. Accordingly, FTA will not 
require Indian tribes to attach tribal transportation plans to a STIP. 
However, because it would assist both the Indian tribes and State 
Departments of Transportation to coordinate and assess their planned 
transportation projects, FTA encourages Indian tribes, for 
informational purposes only, to submit a copy of their tribal 
transportation plans to State Departments of Transportation.
    Comment: Many comments were received from the Indian tribes on 
FTA's two proposed options for local share. Most of the comments 
opposed both options and recommended that FTA eliminate the local share 
requirement. Others generally favored a 20 percent local match for both 
capital and operating expenses.
    Response: FTA's first option proposed a Federal share of 80 percent 
and a local share of 20 percent for both capital and operating 
assistance projects. The second option proposed the highest Federal 
share allowed under the Title 23 Section sliding scale for States with 
large public lands. The second option would thus allow a Federal share 
of 95 percent for capital projects and a federal share of 60 percent 
for operating assistance projects. Under both of the two proposed 
options, FTA believes that a Tribal financial contribution was 
important to register commitment to projects. However, FTA recognizes 
that many Indian tribes have limited financial resources. In fact, 
because tribes often lack financial resources, other Federal assistance 
programs, such as the Federal Highway Administration Indian 
Reservations Road program, require no Tribal contribution. Since these 
concerns outweigh FTA's interest in a financial expression of a tribal 
commitment to the program, FTA will not require a non-Federal matching 
share for Tribal Transit Program grants. FTA believes that the intent 
of this new program will be more quickly achieved without a tribal 
share matching requirement.
    Comment: Two commenters disagreed with FTA's proposal not to apply 
the labor protective provisions in 49 U.S.C. section 5333(b) to grants 
under this new program. It was argued that the Tribal Transit Program 
is a program under section 5311 (which is subject to statutory labor 
protections) and there is no indication that Congress specifically 
intended for section 5333(b) labor protections to not apply to this new 
program.
    Response: FTA stated in the March 22, 2006 Federal Register Notice 
that direct grants from FTA to Indian tribes do not involve State-
subrecipient relationships. Therefore, the administrative procedures 
the U.S. Department of Labor (DOL) uses to apply the section 5311 
special warranty do not apply.
    Accordingly, FTA proposed not to apply the labor protective 
provisions of 49 U.S.C. 5333(b) to this new program. However, FTA is 
aware that DOL is currently initiating a Notice of Proposed Rulemaking 
to revise its labor protective arrangements for all FTA grants 
(including the special warranty that is applied in the section 5311 
program). Also, although Congress chose not to apply section 5333(b) to 
several other new programs enacted in SAFETEA-LU, Congress amended 
section 5311(i) to apply section 5333(b) ``if the Secretary of Labor 
utilizes a special warranty that provides a fair and equitable 
arrangement to protect the interests of employees.'' Congress did not 
exempt the Tribal Transit Program from this requirement. FTA therefore 
intends to apply the special warranty to the Tribal Transit Program in 
the future. However, FTA will postpone the application of the special 
warranty arrangement to the Tribal Transit Program until DOL adopts 
procedures for the new program.
    Comment: Several comments questioned the applicability of Federal 
Disadvantaged Business Enterprise (DBE) regulations, 49 CFR part 26, to 
Indian tribes.
    Response: The U.S. Department of Transportation's DBE regulation 
requires a grant recipient to implement a DBE program and to establish 
annual DBE goals for all contracting opportunities, except for vehicle 
procurements, where Federal financial assistance exceeds $250,000. 
However, due to the relatively small size of the grants that will be 
awarded under this new program and to streamline program requirements 
for this new program to the benefit of Indian tribes, FTA has 
determined that the FTA DBE regulation, 49 CFR part 26, will not apply 
to the Tribal Transit Program.
    Comment: A few comments were received from Indian tribes regarding 
FTA's interpretation and application of the Civil Rights Act of 1964 to 
tribal employment rights ordinances (TEROs), which provide for Indian 
preference in employment and contracting.
    Response: FTA will not require Indian tribes under this new program 
to comply with FTA's program-specific guidance for Title VI and Title 
VII of the Civil Rights Act of 1964. Title VI of the Civil Rights Act 
prohibits discrimination on the basis of race, color, and national 
origin in programs and activities receiving Federal financial 
assistance. Title VII of the Civil Rights Act prohibits discrimination 
in employment in any business on the basis of race, color, religion, 
sex, or national origin. Indian tribes are specifically excluded from 
the definition of an ``employer'' under the Act. Thus, to the extent 
that TEROs are consistent with federal statutes that authorize a 
general preference for Indians in employment or contracting

[[Page 46962]]

for Federally funded work on or around Indian reservations, FTA will of 
course comply with applicable law. However, although Indian tribes will 
not be subject to FTA's program-specific requirements under Title VI 
and Title VII of the Civil Rights Act, Indian tribes under the Tribal 
Transit Program will nonetheless still be subject to the provisions of 
Title VI and Title VII of the Civil Rights Act, unless they are 
specifically exempt from the Act.
    C. Other
    Comment: A number of the Indian tribes commented on the obligation 
of FTA to properly consult with the Indian tribes on a government-to-
government basis for this new program in accordance with Presidential 
executive orders and U.S. Department of Transportation procedures.
    Response: FTA recognizes that the Federal government has a unique 
legal relationship with Indian Indian tribes. When FTA implements a 
program that might have substantial direct effects on the Indian tribes 
or on the sovereignty of the Indian tribes, FTA must consult and 
coordinate using established principles. These principles are set forth 
in Presidential Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments,'' November 6, 2000, and U.S. Department 
of Transportation Order 5301.1, ``Department of Transportation 
Programs, Policies, and Procedures affecting American Indians, Alaska 
Natives and tribes for programs affecting Indian tribal governments.''
    During the development of policies and procedures for the Tribal 
Transit Program, FTA consulted and coordinated with the Indian tribes 
consistent with these Executive Orders. Specifically, FTA announced and 
invited comments from the Indian tribes concerning the Tribal Transit 
Program in two separate Federal Register Notices. The first Federal 
Register Notice, (70 FR 71950), ``FTA Transit Program Changes, 
Authorized Funding Levels and Implementation of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users: 
Notice,'' was published on November 30, 2005. This first Notice invited 
comment from the Indian tribes and others on the proposed basis for 
formula apportionment for the Tribal Transit Program, eligible grant 
purposes, and proposed program requirements. A second Federal Register 
Notice, published on March 22, 2006, responded to comments received 
from the Indian tribes on the November 30, 2005 Notice. The second 
Notice further solicited comments from the Indian tribes and others on 
FTA's proposed basis and criteria to allocate funding under this new 
program, proposed eligible activities, and proposed grant requirements. 
The second Notice also announced two one-day public outreach meetings 
on the Tribal Transit Program. In the two public meetings held in 
Denver, Colorado, and Kansas City, Missouri, FTA presented its 
proposals as set forth in the March 22, 2006 Notice and received 
further comments from the Indian tribes in attendance. In addition, 
prior to the March 22, 2006, Notice, FTA conducted several national 
teleconferences with the Indian tribes to obtain their input and views 
on issues concerning the development and implementation of the Tribal 
Transit Program.
    Comment: Although FTA did not solicit comments, or propose 
guidance, on the following issue, several Indian tribes suggested that 
FTA should administer grants under this program in a manner that is 
either the same or similar to contracts and agreements under the Indian 
Self-Determination and Education Assistance Act (ISDEAA).
    Response: FTA recognizes Indian tribes as sovereign governments 
that can independently administer certain Federal government programs 
as authorized by the ISDEAA. Although the statutory authority to enter 
into contracts with Indian tribes under ISDEAA does not include the 
FTA, FTA is nonetheless implementing this new program in a manner 
consistent with the principles of self-determination that are embodied 
in ISDEAA. To do so, FTA is streamlining and omitting many of the U.S. 
Department of Transportation and FTA regulatory requirements that apply 
to other FTA programs as authorized in SAFETEA-LU. FTA will make grants 
directly to Indian Indian tribes. The Tribal Transit grants will not be 
administered by the Bureau of Indian Affairs or any other Federal 
agency.
    Comment: A few commenters indicated that Indian tribes should not 
be required to comply with the intercity bus service provisions in 
section 5311(f).
    Response: FTA agrees with these comments. We do not intend to 
require tribes to spend 15 percent of funds received under the Tribal 
Transit Program for intercity bus service. This section 5311(f) 
requirement only applies to section 5311 funds that are apportioned to 
the States, and not to section 5311 funds disbursed directly to tribes 
under the Tribal Transit Program. Therefore, Indian tribes that are 
recipients of funds under the Tribal Transit Program are not required 
to expend any part of those funds for intercity bus service. However, 
Indian tribes may use Tribal Transit program funds for purposes 
eligible under section 5311(f).
    Comment: One commenter inquired whether a regional transit 
district, which is a political body within a State, would be able to 
apply for grants under the Tribal Transit Program on behalf of several 
Indian tribes.
    Response: As defined in section 5311(a), as amended by SAFETEA-LU, 
a recipient means a ``State or Indian tribe that receives a Federal 
transit program grant directly from the Federal Government.'' Indian 
tribes, in accordance with this definition, are thus eligible direct 
recipients of funds under this new program. Under this statutory 
definition, however, a local government, such as a regional transit 
district, would not be eligible to be a direct recipient and therefore 
a regional transit district or any other local government could not 
directly apply for grants on behalf of Indian tribes under the Tribal 
Transit Program. Although local governments will not be eligible direct 
recipients under this new program, Indian tribes may enter into 
intergovernmental agreements with local governments for the purpose of 
assisting Indian tribes in grant-related administrative requirements, 
such as grant preparation, grant reporting, etc.
    Comment: Some commenters strongly encouraged FTA to provide funding 
for technical and planning assistance to tribal transit programs 
through the seven (7) Tribal Technical Assistance Programs (TTAP) 
because SAFETEA-LU authorized an increased funding level for FTA's 
Rural Technical Assistance Program.
    Response: FTA's Rural Transit Assistance Program (RTAP) provides 
funding to assist in training and technical assistance projects and 
other support services for transit operators in nonurbanized areas. The 
RTAP program provides an annual allocation to each State in conjunction 
with the State's administration of the section 5311 formula assistance 
program. Because TTAPs are experienced in technical assistance to the 
tribes, FTA will encourage States to work with TTAP centers to provide 
technical assistance to tribes. FTA is currently creating a partnership 
between the TTAPs and the National RTAP.
    Comment: Commenters requested FTA to either exclude or limit the 
eligibility of indirect costs for funds received under the Tribal 
Transit Program. They maintained that high indirect cost rates of many 
tribes would dampen the program's benefits.

[[Page 46963]]

    Response: FTA agrees with this comment. FTA has determined that the 
eligible indirect costs will be limited to 10 percent of each Tribal 
Transit grant award.
    Comment: One commenter inquired whether an Indian tribe that is 
within an urbanized area would be eligible to receive funds under the 
Tribal Transit Program.
    Response: The Tribal Transit Program is a program established under 
the section 5311 program. The purpose of the section 5311 program is to 
carry out transit projects in rural areas. The general authority for 
the section 5311 program is set forth in subsection (b) which provides 
that FTA may award grants to recipients located in areas other than 
urbanized areas (i.e., areas with a population less than 50,000). 
Therefore, because the set aside of section 5311 funds for the Tribal 
Transit Program is authorized by statute only for areas other than 
urbanized areas (i.e., rural areas), an Indian tribe that is located 
within an urbanized area would not be eligible to receive funds under 
the Tribal Transit Program.

IV. Funding Opportunity Description

A. Authorized Funding for FY 2006

    The Tribal Transit Program was established by section 3013 of 
SAFETEA-LU. This section authorized $45 million from the Nonurbanized 
Area Formula Grants Program (49 U.S.C. 5311) for FY 2006-FY 2009 to be 
apportioned for grants directly to Indian tribes. The actual amount 
each year is subject to the availability of appropriations. Under the 
Tribal Transit Program, 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). In FY 2006, $7.92 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 public transit program for tribes. Instead, tribes were 
eligible under the section 5311 program as subrecipients. SAFETEA-LU 
has now authorized a Tribal Transit Program and has authorized eligible 
tribes to be direct recipients of section 5311 Program funds. As 
expressed in the Conference Report for SAFETEA-LU, it is the intent of 
Congress that funds for the Tribal Transit Program not replace or 
reduce funds tribes receive from States under the section 5311 program.

V. Award Information

    The number and amount 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. Approximately 25% of the 
funding is set aside for start up grants. Planning grants will be 
limited to $25,000 per applicant. Multiple year projects will be 
considered for funding, subject to the availability of annual 
appropriations.

VI. 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

    Tribal Transit Program funds may be used for any purpose authorized 
under section 5311. 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 which is not restricted from carrying 
other members of the public, is considered available to the general 
public if it is marketed as public transportation.

VII. Cost Sharing or Matching

    No cost sharing is required for this program; the Federal grant may 
fund up to 100 percent of eligible project costs. 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.

VIII. Terms and Conditions

    Section 3013 of SAFETEA-LU amended 49 U.S.C. 5311(c) by authorizing 
funds for the Tribal Transit Program ``under such terms and conditions 
as may be established by the Secretary.'' Pursuant to this 
discretionary statutory authority in SAFETEA-LU, FTA published a Notice 
dated March 22, 2006, in the Federal Register (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 this new program. The statutory 
and regulatory terms and conditions that were proposed by FTA for the 
Tribal Transit Program pertained only to U.S. Department of 
Transportation and FTA requirements. As we indicated in the March 22, 
2006, Federal Register Notice, FTA does not possess the authority to 
waive cross-cutting or government-wide statutory and regulatory 
requirements (e.g., National Environmental Policy Act). However, to the 
extent permitted by law and in recognition of the unique status and 
autonomy of Indian Indian tribes, FTA has made every effort in 
establishing the terms and conditions to balance the objective of this 
new program, 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 Tribal Transit Program and FTA's responses to these comments were 
specifically addressed earlier in this Notice. However, except for a 
few proposed terms and conditions, such as FTA's proposal that Tribal 
transportation plans be attached or included on a STIP, the comments 
for the most part reflected a consensus that was in agreement with 
FTA's proposed terms and conditions for this new program. Therefore, 
after careful review and consideration of the comments received from 
Indian tribes and others, FTA has established appropriate grant 
requirements for the Tribal Transit Program. These specific terms and 
conditions are set forth in a new FTA Master Agreement for the Tribal 
Transit Program. This Master Agreement is available on FTA's Web site 
at https://www.fta.dot.gov/17861_18441_ENG_HTML.htm.
    The following terms and conditions, which were initially proposed 
in the

[[Page 46964]]

March 22, 2006, Federal Register Notice, apply to the Tribal Transit 
Program:
    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 regulation that applies to all 
Federal assistance programs.
    2. Civil Rights Act of 1964. Unless Indian tribes are specifically 
exempted from civil rights statutes, compliance with civil rights 
statutes will be 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 and 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. 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 specifically excludes school bus and charter service.
    7. National Transit Database (NTD) Reporting requirement. 49 U.S.C. 
5335 requires NTD reporting for all direct recipients of section 5311 
funds. The Tribal Transit Program is a section 5311 program that will 
provide funds directly to Indian tribes and this reporting requirement 
will therefore apply.
    8. Bus Testing (49 CFR 665) requirement. 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 will apply to the Tribal Transit 
Program are set forth in FTA's Master Agreement for the Tribal Transit 
Program available on FTA's Web site at: https://www.fta.dot.gov/17861_
18441_ENG_HTML.htm. In addition, as part of their application for 
grant award, tribes that are selected for award will be required to 
sign the Certifications and Assurances for the fiscal year in which 
they apply for a grant. The Certifications and Assurances are set forth 
for informational purposes in Appendix B of this Notice. Notably, FTA 
has required each applicant to submit certifications and assurances for 
each fiscal year in which the applicant seeks funding and an award is 
made. But because less than two months remain before the end of fiscal 
year 2006, FTA will treat certifications and assurances submitted by an 
Indian tribe in either fiscal year 2006 or 2007 as having fulfilled 
Federal certification and assurance requirements for Tribal Transit 
Program applications submitted and awards made in both fiscal years 
2006 and 2007.

IX. Application and Submission Information

    This announcement includes all of the information that a tribal 
government will need to apply for competitive selection. It is 
available on the FTA Web site at https://www.fta.dot.gov. FTA will 
announce final selections on the Web site and in the Federal Register. 
A synopsis of this announcement will be posted on the government-wide 
electronic grants Web site at https://www.GRANTS.GOV.

X. Guidelines for Preparing Grant Application

    FTA is conducting a national solicitation for applications under 
the Tribal Transit Program. 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; and
C. Planning--applications for funding of planning studies and 
operational planning

    The application should provide information on all items for which 
Indian tribes are requesting funding in FY 2006, and indicate the 
specific category in which the tribe is applying.

XI. 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

    Indian 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 (see attached 
Appendix B, Section B).
    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 Indian tribes? If currently operating transit service, 
does the Indian tribes 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 tribal government have 
to implement a transit project?
    3. Financial Capacity: Does the Indian tribes have adequate 
financial systems in place to receive and manage a Federal grant? 
Describe the tribal government'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 to 
address project development i.e. development of vehicle and equipment 
specifications and 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? How 
will vehicles be maintained?

[[Page 46965]]

    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

    Complete applications for Tribal Transit Program must be submitted 
in one of the three ways: electronically through GRANTS.GOV, in hard 
copy to Federal Transit Administration, 400 Seventh Street, SW., Room 
9311,Washington, DC 20590, Attention: Lorna R. Wilson; or sending by e-
mail to fta.tribalprogram@dot.gov. by October 16, 2006 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 (EO) 12372, 
``Intergovernmental Review of Federal Programs.''

G. Funding Restrictions

    Only applications from eligible recipients for eligible activities 
will be considered for funding (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 tribal 
government to apply for multiple years of funding not to exceed four 
years, subject to the availability of annual appropriations. Up to $2 
million will be made available for start up or new systems, no more 
than $25,000 will be awarded per planning grant. The remaining funds 
will be made available for applications for funding of enhancements or 
expansion of existing transit service.

H. Other Submission Requirements

    Applicants submitting hard copies should submit 3 copies of their 
project proposal application to the Federal Transit Administration, 400 
Seventh Street, SW., Room 9311, Washington, DC 20059, Attention Lorna 
Wilson, or apply electronically through the government wide electronic 
grant application portal at www.GRANTS.GOV. Alternatively applications 
may be submitted as an attachment to mailbox: 
fta.tribalprogram@dot.gov. If applying by e-mail, fax signature 
documents to 202-366-7951, Attention: Lorna Wilson.

XII. Application Review Process

A. Competitive Selection Process

    FTA will divide applications into three categories. The three 
evaluation categories are as follows:
     Start-ups--applications for funding of new transit 
service.
     Existing transit services--applications for funding of 
enhancements or expansion of existing transit services.
     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 
2006 for the Tribal Transit Program. 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, TTAP center, or the National RTAP office. 
Contact information for technical assistance can be found in Appendix 
C.

B. Evaluation Criteria for Start-up and Existing Transit Service 
Proposals

    The use of quantitative data and estimates, whenever possible, 
improves the proposal's clarity in comparison to all the evaluation 
criteria.
1. Criterion 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 
including time frame, staffing, procurement, etc.
    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.
    Based on the information provided as discussed in the above 
section, proposals will be rated on the following:
    i. How sound is the basis for the proposed project?
    ii. Is the project ready to implement?
2. Criterion 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

[[Page 46966]]

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. What is the demonstrated need for the project?
    b. How well does the project reduce the need?
3. Criterion 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 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.
    Proposals will be rated on the basis of:

a. Improved transit efficiency or increased ridership;
b. Improved mobility for the tribe;
c. Improved access to important destinations
d. Expected average cost per trip on the proposed service.
e. Other qualitative benefits.
4. Criterion 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 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 Tribal 
Transit Program 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 Tribal Transit Program 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. 
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.
    Points will be awarded based on the degree to which:
    a. The project deploys new services or complements existing 
services.
    b. Tribal Transit Program funding does not replace existing 
funding.
    c. Tribe has or will provide non-financial support to project.
    d. Tribe has demonstrated the 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. Evaluation Criteria for Planning Grants Proposals

Criterion: Need for Study
    For planning grants the applications should describe in no more 
than three pages the need for and a general scope of the proposed 
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 regional staff, and representatives of the Indian 
Reservations Roads Program. Incomplete or non-responsive applications 
will be disqualified. FTA will make an effort to award a grant to every 
qualified applicant.

XIII. Award Administration Information

    FTA will award grants directly to Federally recognized 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 https://
www.fta.dot.gov/17861_18441_ENG_HTML.htm.
    Applicants that are selected for grant awards under the Tribal 
Transit Program 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 
tribes with FTA and who will also have the authority on behalf of the 
Indian tribes 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.

XIV. Other

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 Tribal Transit Program 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

    49 U.S.C. 5335 National Transit Database requires NTD reporting for 
all direct recipients of section 5311 funds including tribes. Specific 
procedures and data requirements for tribes have not yet been developed 
and will be provided to grantees at a later date. Annual progress 
reports and financial status reports will be required of all grantees.

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, (202) 
366[dash]2053, e-mail: Lorna.Wilson@dot.gov. A TDD is

[[Page 46967]]

available at 1-800-877-8339 (TDD/FIRS).

    Issued in Washington, DC, this 8th day of August 2006.
Sandra K. Bushue,
Deputy 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, Virgin Islands, Letitia Thompson, 
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, Susan Borinsky, 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, 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: Victor Austin and 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, Lee Waddleton, 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--Federal Fiscal Years 2006 and 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 
Administration (FTA) Public Transportation on Indian Reservation 
Program (Tribal Transit Program) authorized by 49 U.S.C. 5311(c)(1). It 
is customary for FTA to require each applicant to submit certifications 
and assurances for each fiscal year in which the applicant seeks 
funding. But because less than two months remain before the end of 
Federal Fiscal Year 2006, FTA will treat certifications and assurances 
submitted by an Indian tribe in either Federal Fiscal Year 2006 or 2007 
applicable to applications for Tribal Transit Program assistance 
submitted and awards made in Federal Fiscal Years 2006 and 2007.
    The Indian tribe, as an eligible applicant for Tribal Transit 
Program assistance, 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 Indian 
tribe 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.
    FTA and the Indian tribe also understand and agree that not every 
certification and assurance will apply to every Project for which FTA 
provides Federal financial assistance through the Tribal Transit 
Program. 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. DOT 
regulations will apply only when the Indian tribe 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 Indian tribe'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 Tribal Transit Program
    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 
Indian tribe 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 
Indian tribe that applies for Tribal Transit Program assistance, 
however, must provide all certifications and assurance set forth below. 
FTA may not award any Federal assistance under the Tribal Transit 
Program until the Indian tribe provides these certifications and 
assurances.

A. Assurance of Authority of the Indian Tribe and Its Representative

    The authorized representative of the Indian tribe and the attorney 
who sign these certifications, assurances, and agreements affirm that 
both the Indian tribe 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 Indian tribe;

[[Page 46968]]

    (2) Execute and file the required certifications, assurances, and 
agreements on behalf of the Indian tribe binding the Indian tribe; and
    (3) Execute grant agreements with FTA on behalf of the Indian 
tribe.

B. Standard Assurances

    The Indian tribe assures that it will comply with all applicable 
Federal laws and regulations in carrying out any project supported by 
an FTA grant. The Indian tribe 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 Indian tribe recognizes 
that Federal laws and regulations may be modified from time to time and 
those modifications may affect project implementation. The Indian tribe 
understands that Presidential executive orders and Federal directives, 
including Federal policies and program guidance may be issued 
concerning matters affecting the Indian tribe or its project. The 
Indian tribe agrees that the most recent Federal laws, regulations, and 
directives will apply to the project, unless FTA issues a written 
determination otherwise.

C. The Indian Tribe's Capacity To Comply With Relevant Section 5311 
Requirements

    The Indian tribe assures that:
    (1) It has or will have