Public Transportation on Indian Reservations Program; Tribal Transit Program, 16397-16405 [E7-6199]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Notices]
[Pages 16397-16405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6199]



[[Page 16397]]

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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 https://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: https://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

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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: 
https://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 
https://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 
https://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 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.

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    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 https://
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:

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