Public Transportation on Indian Reservations Program; Tribal Transit Program, 19627-19635 [E9-9773]

Download as PDF Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices for funding under the New Freedom program, provided that these services: (1) Are identified in the grant applicant’s coordinated public transithuman services transportation plan; (2) Are available to the public at large but were planned and designed to meet the mobility needs of individuals with disabilities in response to circumstances where existing fixed route and demand response transportation is unavailable or insufficient to meet the mobility needs of individuals with disabilities. (3) Were not operational on August 10, 2005, and did not have an identified funding source as of August 10, 2005, as evidenced by inclusion in the Transportation Improvement Program (TIP) or the State Transportation Improvement Program (STIP); and (4) Are not designed to allow an agency to meet its obligations under the ADA or the DOT ADA implementing regulations at 49 CFR parts 37 and 38. Examples of such services would be a fixed route service that is open to the general public but that is extended to serve a congregate living facility or a workplace serving large numbers of individuals with disabilities, or demand response service that is available to the general public but whose service coverage or span of service is designed in response to mobility needs expressed by individuals with disabilities. FTA notes that expanded fixed route service may result in expanded ADA complementary paratransit service; since the ADA complementary paratransit service is required under the ADA, it would not be eligible for New Freedom funding. All new or expanded fixed route and demand responsive services funded under the New Freedom program will be subject to the requirements of the ADA and DOT ADA implementing regulations. Final Policy pwalker on PROD1PC71 with NOTICES grant recipients or other parties. This notice provides additional clarification on which projects are eligible under the new guidance, however an analysis of what barriers remain to full implementation of the New Freedom program is beyond the scope of this notice. Regarding concerns over a lack of involvement of the disability community in the coordinated planning process, FTA requires New Freedom grant applicants to certify that the coordinated plan from which New Freedom projects were derived was developed through a process that includes representatives of public, private, and non-profit transportation and human services providers and participation by members of the public. FTA’s New Freedom circular includes guidance on ensuring adequate outreach to allow for participation and on providing explicit consideration and response to public input received during the development of a coordinated plan. However, FTA does not review details of a coordinated plan’s public involvement process in advance of making a grant award because doing so could significantly delay the award of New Freedom, JARC, and Section 5310 program funds to recipients and subrecipients. Grant recipients are required to certify that the coordinated planning process’ public participation requirements were met, and FTA reviews these certifications during Triennial and State Management Reviews. If recipients cannot document that the requirement was met, then FTA issues a finding of deficiency and the recipient is required to take corrective action. FTA received several comments regarding the New Freedom program that were not germane to the proposed policy change, including a request that New Freedom funds subsidize capital expenses at a 50/50 rather than an 80/ 20 Federal local match, and that the New Freedom circular state specifically that the program provides reimbursements to grant recipients. FTA will consider these comments in the context of its ongoing work to provide guidance and technical assistance on the New Freedom program. Public Transportation on Indian Reservations Program; Tribal Transit Program New or expanded fixed route service and new or expanded demand response service constitute new public transportation services beyond those required by ADA of 1990 (42 U.S.C. Section 12101 et seq.) that assist individuals with disabilities with transportation, and are therefore eligible VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 Issued in Washington, DC, this 17th day of April 2009. Matthew J. Welbes, Acting Deputy Administrator. [FR Doc. E9–9774 Filed 4–28–09; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of Funding Availability: Solicitation of Grant Applications for FY 2009 Tribal Transit Program Funds. PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 19627 SUMMARY: This notice announces the availability of $15 million in funding provided by the Public Transportation on Indian Reservations Program (Tribal Transit Program (TTP)), a program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), Section 3013 (c). This notice is a national solicitation for grant applicants to be selected on a competitive basis, and it includes the grant terms and conditions; grant application procedures; and selection criteria for Fiscal Year (FY) 2009 projects. The Federal Transit Administration (FTA) announced the availability of, and competition for, the FY 2009 American Recovery and Reinvestment Act (ARRA) TTP funding in a separate notice published on March 23, 2009. ADDRESSES: Applicants may submit applications in one of two ways: (1) Delivering five hard copies to FTA, 1200 New Jersey Avenue, SE., Washington, DC, 20590, Attn: Lorna R. Wilson; (2) sending by e-mail to fta.tribalprogram@dot.gov. FTA will not accept applications via facsimile. DATES: Applicants must submit completed applications by June 29, 2009. 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 B) for application-specific information. 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 2009 IV. Award Information V. Eligibility Information A. Eligible Applicants B. Eligible Projects VI. Local Match VII. Terms and Conditions VIII. Guidelines for Preparing Grant Application IX. Application Content A. Application Information B. Technical, Legal, and Financial Capacity E:\FR\FM\29APN1.SGM 29APN1 19628 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices C. Project Information D. Application Evaluation Criteria E. Intergovernmental Review F. Funding Restrictions X. How Proposals Will Be Evaluated A. Competitive Selection Process B. Evaluation Criteria i. Criterion 1: Project Planning and Coordination ii. Criterion 2: Demonstration of Need iii. Criterion 3: Benefits of Project iv. Criterion 4: Financial Commitment and Operating Capacity C. Proposals for Planning Grants D. Continuation Projects E. Review and Selection Process XI. Award Administration Information XII. Other Information A. Technical Assistance B. Certifications and Assurances C. Reporting D. Agency Contact(s) Appendices Appendix A. Federal Fiscal Year 2009 Certifications and Assurances for the Federal Transit Administration Public Transportation on Indian Reservation Program Appendix B. FTA Regional Offices and Tribal Liaison Appendix C. Technical Assistance Contacts I. Overview Section 3013 of SAFETEA–LU, [Pub. L. 109–59 (August 10, 2005)] amended 49 U.S.C. 5311(c) by establishing the Public Transportation on Indian Reservations Program (TTP). 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 (Section 5311 program). The authorized funding increased from $8 million in FY 2006 to $15 million in FY 2009. The Conference Report that accompanied 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. pwalker on PROD1PC71 with NOTICES II. Background SAFETEA–LU authorized tribes to be direct recipients of Section 5311 program funds and also created the TTP as a take down off of that program. FTA has funded grants under the TTP since FY 2006. For more information on the program and a list of projects funded using previous years TTP funds, go to: http://www.fta.dot.gov/funding/grants/ grants_financing_3553.html. III. Funding Opportunity Description A. Authorized Funding for FY 2009 TTP funds are to be apportioned for grants to Federally recognized Indian tribes for any purpose eligible under the VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 Section 5311 program. In FY 2009, TTP funds are to be apportioned for grants to Federally recognized Indian tribes for any purpose eligible under the Section 5311 program. In FY 2009, a total of $15,024,797 is available for competitive award. This total includes $24,797 from previously awarded FY 2006 funds that have lapsed and is now made available for reallocation to projects selected through the competitive process announced and described in this notice. IV. Award Information The number and size of awards will be determined through a competitive process. Funding is available for startup services, enhancements or expansion of existing transit services, and for planning studies and operational planning. Planning grants will be limited to $25,000 per applicant. Priority for FY 2009 funding will be given to continuation projects selected in FY 2006–FY 2008 that are in an active status. All tribes seeking FY 2009 funds must submit grant applications to FTA by June 29, 2009. Tribes applying for ARRA TTP funds must abide by the grant application submission deadlines as outlined under the separate ARRA TTP notice. V. Eligibility Information A. Eligible Applicants Eligible applicants include Federallyrecognized Indian tribes or Alaska Native villages, groups, or communities as identified by the Bureau of Indian Affairs (BIA) in the Department of the Interior (DOI). To be an eligible recipient, a tribe must have the requisite legal, financial and technical capabilities to receive and administer Federal funds under this program. A tribe may submit a copy of the most upto-date Federal Register notice published by DOI, BIA: Entities Recognized and Eligible to Receive Service from the United States Bureau of Indian Affairs. 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. The grants may be used 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 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 transportation services. Under Department of Transportation (DOT) Americans with Disabilities Act of 1990 (ADA) regulations, public fixed route operators are required to provide ADA complementary paratransit service to individuals who can not use the fixed route due to their disability. 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. Local Match No local match 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 SAFETEA–LU, 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. 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 a 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 required, including compliance with equity in E:\FR\FM\29APN1.SGM 29APN1 pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 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), and ADA requirements in 49 CFR parts 27, 37, and 38. Section 504 is a government-wide requirement that applies to all Federal programs, and the implementing regulations of the ADA apply to public transportation. 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 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. 9. Labor Protections (49 U.S.C. 5333(b)). At the time of the August 15, 2006, Notice, FTA indicated that labor protective arrangements would be required but that FTA would not implement this requirement until the Department of Labor (DOL) revised its procedures to provide a relevant arrangement for tribes. On October 1, 2008, DOL began using a revised special warranty for the Section 5311 program which is appropriate for use with TTP grants. All TTP grants (ARRA and annual) awarded after October 1, 2008, will be subject to the special warranty for labor protective arrangements under the Section 5311 program, which will be incorporated by reference in the grant agreement. A comprehensive list and description for all of the statutory and regulatory terms and conditions that apply to the TTP are set forth in FTA’s Master Agreement for the TTP available on FTA’s Web site at: http:// www.fta.dot.gov/ 17861_18441_ENG_HTML.htm. VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 VIII. Guidelines for Preparing Grant Application 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 include capital, operating, administration, and planning; B. Existing transit services— applications for funding of enhancements or expansion of existing transit services include capital, operating, administration, and planning; and C. Planning—applications for funding include planning studies and operational planning. The application should provide information on all items for which tribes are requesting funding in FY 2009, and indicate the specific category in which the tribe is applying. IX. Application Content The following information must accompany all requests for TTP funding. Note: FTA encourages a tribe that is applying for TTP funding under both this announcement and the ARRA TTP announcement, published separately, to establish linkages between the two proposals. The project description and budget must clearly indicate activities, for which the tribe seeks ARRA TTP funding and activities proposed to be funded with TTP funds where the success of the project is dependent on receiving both funding sources. 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). 3. Contact information including: contact name, title, address, fax and phone number, and e-mail address if available. 4. Description of public transportation services including areas currently served by tribe, if any. 5. Name of person(s) authorized to apply on behalf of tribe (signed transmittal letter) must accompany application. 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. PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 19629 1. Legal Capacity: Provide documentation or other evidence to show that the applicant is a Federally recognized tribe. Also, the authorized representative to execute legal agreements with FTA on behalf of the tribe. If applying for capital or operating funds, 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 2 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), major origins and destinations, population served, and whether the tribe provides the service directly or contracts 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 X) 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 X, C of this notice. E. Intergovernmental Review This program is not subject to Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs.’’ E:\FR\FM\29APN1.SGM 29APN1 19630 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices F. Funding Restrictions FTA will consider applications for funding only from eligible recipients for eligible activities (see section V). Due to funding limitations, applicants that are selected for funding may receive less than the amount requested. Current TTP grantees applying for FY 2009 projects must be in an active status to receive additional funding. X. How Proposals Will Be Evaluated A. Competitive Selection Process FTA intends to award $15 million in TTP funding. If a tribe applies for funding both under this announcement (TTP) and under the ARRA announcement, FTA will consider both applications in relationship to each other, as appropriate. FTA encourages applicants to review the evaluation criteria and all other related application information prior to preparation of an application. Applicants may receive technical assistance for application development by contacting their FTA regional Tribal liaison, or the National Rural Transportation Assistance Program (RTAP) office. Contact information for technical assistance can be found in Appendix B and C. FTA will divide applications into three categories. The three evaluation categories are as follows: • Start-ups—Applications for funding of new transit service include capital, operating, administration, and planning. • Existing transit services— Applications for funding of enhancements or expansion of existing transit services include capital, operating, administration, and planning. • Planning—Applications for planning include 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 described below to determine rank for funding award determination purposes. An applicant can receive up to 25 points for each evaluation criterion, up to a total score of 100. pwalker on PROD1PC71 with NOTICES B. Evaluation Criteria for Start-up and Enhancements to Existing Transit Services 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 VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 a sound basis for the project and that it is ready to implement if funded. Information may vary depending upon 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 process. 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, procurement, 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 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 tribe and discuss how the proposed transit improvements will address the identified transit needs. 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 improve 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 Job Access and Reverse Commute (JARC), New Freedom, section 5311, section 5310, or section 5309 Bus and Bus Related Equipment. 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 E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 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 the new project or funding for existing service leverages 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 upon 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; c. The tribe has or will provide nonfinancial support to project; d. The tribe has demonstrated ability to provide other services or manage other programs; and e. Project funds are used in coordination with other services for efficient utilization of funds. C. Proposals for Planning Grants For planning grants, the application 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? pwalker on PROD1PC71 with NOTICES D. Continuation Projects If an applicant is proposing a continuation project, using FY 2009 funding, tribes must demonstrate that their project(s) are in an active status to receive additional funding. Along with the criteria listed in Section B, proposals should state that the applicant is a current TTP grantee and provide information on their transit project(s) status including services now being provided and how the new funding will complement the existing service. Please provide any data that would be helpful to project evaluators, i.e., ridership, increased service hours, extended service routes, stops, etc. If you received a planning grant in previous fiscal years, please indicate the status of your planning study and how this project relates to that study. VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 E. Review and Selection Process Each application will be screened by a panel of members, including FTA Headquarters and regional staff. Incomplete or non-responsive applications will be disqualified. FTA will make an effort to award grants to as many qualified applicants as possible. FTA will make an effort to award grants to as many qualified applicants as possible. FTA reserves the right to select any capital activities included in either the ARRA TTP and FY 2009 TTP application to receive ARRA TTP or FY 2009 TTP funding, depending on the total demand in response to both announcements. XI. 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 in preparing electronic applications for grant awards. At that time, the tribe will be required to sign the Certification and Assurances contained in Appendix A. The Master Agreement is available on FTA’s Web site at http://www.fta.dot.gov/ 17861_18441_ENG_HTML.htm. 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. XII. 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 the grant award. B. Certifications and Assurances Applicants 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. The Annual List of Certifications and Assurances is attached in Appendix A for informational purposes only PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 19631 C. Reporting Title 49 U.S.C. 5335 requires recipients, of Section 5311 program funds including tribes, to report data, as specified in 49 U.S.C. 5311(b)(4) to 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 B) for application specific information and issues. For general program information, contact Lorna R. Wilson, Office of Transit Programs, at (202) 366–2053, email: Lorna.Wilson@dot.gov. A TDD is available at 1–800–877–8339 (TDD/ FIRS). Issued in Washington, DC, this 21 day of April, 2009. Matthew J. Welbes, Acting Deputy Administrator. Appendix A—Federal Fiscal Year 2009 Certifications and Assurances for the Federal Transit Administration Public Transportation on Indian Reservation Program Federal Fiscal Year 2009 Certifications and Assurances for Federal Transit Administration Assistance Programs Preface In accordance with 49 U.S.C. 5323(n), the following certifications and assurances have been compiled for Federal Transit Administration (FTA) assistance programs. FTA requests each Applicant to provide as many certifications and assurances as needed for all programs for which the Applicant intends to seek FTA assistance during Federal Fiscal Year 2008. Twenty-four (24) Categories of certifications and assurances are listed by numbers 01 through 24 in the TEAM–Web ‘‘Recipients’’ option at the ‘‘Cert’s & Assurances’’ tab of ‘‘View/Modify Recipients.’’ Category 01 applies to all Applicants. Category 02 applies to all applications for Federal assistance in excess of $100,000. Categories 03 through 24 will apply to and be required for some, but not all, Applicants and projects. FTA’s annual certifications and assurances permit the Applicant to select a single certification which can cover all the programs for which it anticipates submitting an application. FTA requests the Applicant to read each certification and assurance carefully and select all certifications and assurances that may apply to the programs for which it expects to seek Federal assistance. FTA and the Applicant understand and agree that not every provision of these E:\FR\FM\29APN1.SGM 29APN1 19632 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices certifications and assurances will apply to every Applicant or every project for which FTA provides Federal financial assistance through a Grant Agreement or Cooperative Agreement. The type of project and the section of the statute authorizing Federal financial assistance for the project will determine which provisions apply. The terms of these certifications and assurances reflect applicable requirements of FTA’s enabling legislation currently in effect. The Applicant also understands and agrees that these certifications and assurances are special pre-award requirements specifically prescribed by Federal law or regulation and do not encompass all Federal laws, regulations, and directives that may apply to the Applicant or its project. A comprehensive list of those Federal laws, regulations, and directives is contained in the current FTA Master Agreement MA(14) for Federal Fiscal Year 2008 at the FTA Web site http:// www.fta.dot.gov/documents/14–Master.pdf. The certifications and assurances in this document have been streamlined to remove most provisions not covered by statutory or regulatory certification or assurance requirements. Because many requirements of these certifications and assurances will require the compliance of the subrecipient of an Applicant, we strongly recommend that each Applicant, including a State, that will be implementing projects through one or more subrecipients, secure sufficient documentation from each subrecipient to ensure compliance, not only with these certifications and assurances, but also with the terms of the Grant Agreement or Cooperative Agreement for the project, and the Master Agreement or an alternative Master Agreement for its project, if applicable, incorporated therein by reference. Each Applicant is ultimately responsible for compliance with the provisions of the certifications and assurances applicable to itself or its project irrespective of participation in the project by any subrecipient. 01. Assurances Required for Each Applicant Each Applicant for FTA assistance must provide all assurances in this Category ‘‘01.’’ Except to the extent that FTA expressly determines otherwise in writing, FTA may not award any Federal assistance until the Applicant provides the following assurances by selecting Category ‘‘01.’’ pwalker on PROD1PC71 with NOTICES 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 applicable State, local, or Indian tribal law and regulations, and the Applicant’s by-laws or internal rules 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 VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 (3) Execute grant agreements and cooperative agreements with FTA on behalf of the Applicant. B. Standard Assurances The Applicant ensures that it will comply with all applicable Federal statutes and regulations in carrying out any project supported by an FTA grant or cooperative agreement. The Applicant agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative 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. Intergovernmental Review Assurance Except if the Applicant is an Indian tribal government seeking assistance authorized by 49 U.S.C. 5311(c)(1), the Applicant ensures that each application for Federal assistance it submits to FTA has been submitted or will be submitted for intergovernmental review to the appropriate State and local agencies as determined by the State. Specifically, the Applicant ensures that it has fulfilled or will fulfill the obligations imposed on FTA by U.S. Department of Transportation (U.S. DOT) regulations, ‘‘Intergovernmental Review of Department of Transportation Programs and Activities,’’ 49 CFR part 17. This assurance does not apply to Applicants for Federal assistance derived from FTA’s Tribal Transit Program, 49 U.S.C. 5311(c)(1). D. Nondiscrimination Assurance As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), 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 ensures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age 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 transportationrelated 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 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 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 ensures 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 49 U.S.C. 5332, 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 ensures 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 49 U.S.C. 5332, 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 49 U.S.C. 5332, 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 ensures 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 any program or activity receiving or E:\FR\FM\29APN1.SGM 29APN1 pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices benefiting from Federal assistance administered by the FTA or any entity within U.S. DOT. The Applicant ensures 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 ensures that, with respect to itself or its project, the Applicant: (1) Has the legal authority to apply for Federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay the nonFederal share of project cost) 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, 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, as amended, 21 U.S.C. 1101 et seq., relating to nondiscrimination on the basis of drug abuse; (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 (g) The Public Health Service Act of 1912, as amended, 42 U.S.C. 201 et seq., relating 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 ensures that it has the requisite authority under applicable state and local 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; PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 19633 (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 ‘‘AntiKickback’’ 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 ensure 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; (13) To the extent applicable, will provide and maintain competent and adequate engineering supervision at the construction E:\FR\FM\29APN1.SGM 29APN1 pwalker on PROD1PC71 with NOTICES 19634 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 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, or local significance or any land from a historic site of national, State, or local 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) To the extent applicable, will 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 loan, grant agreement, or cooperative 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 VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 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. 22. Tribal Transit Program Each Applicant for Tribal Transit Program assistance must provide all certifications and assurance set forth below. Except to the extent that FTA determines otherwise in writing, FTA may not award any Federal assistance under the Tribal Transit Program until the Applicant provides these certifications and assurances by selecting Category ‘‘22.’’ In accordance with 49 U.S.C. 5311(c)(1) that authorizes the Secretary of Transportation to establish terms and conditions for direct grants to Indian tribal governments, the Applicant certifies and ensures as follows: A. The Applicant ensures 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. B. 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. C. To the extent applicable to the Applicant or its Project, the Applicant PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 certifies that it will comply with the certifications, assurances, and agreements in Category 08 (Bus Testing), Category 09 (Charter Bus Agreement), Category 10 (School Transportation Agreement), Category 11 (Demand Responsive Service), Category 12 (Alcohol Misuse and Prohibited Drug Use), and Category 14 (National Intelligent Transportation Systems Architecture and Standards) of this document. D. If its application exceeds $100,000, the Applicant agrees to comply with the certification in Category 02 (Lobbying) of this document. Appendix B—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 ReyesAlicea. Region III—Pennsylvania, Maryland, Virginia, West Virginia, Delaware, Washington, DC, Letitia Thompson, 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, 230 Peachtree St., NW., Suite 800, Atlanta, GA 30303, Tel.: 404– 865–5600, Fax: 404–865–5605, Regional Tribal Liaisons: 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, Joyce Taylor. 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, Terry Rosapep, 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. E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 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: Eric Eidlin. 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. pwalker on PROD1PC71 with NOTICES Appendix C—Technical Assistance Contacts [FR Doc. E9–9773 Filed 4–28–09; 8:45 am] Alaska Tribal Technical Assistance Program, Kim Williams, University of Alaska, Fairbanks, P.O. Box 756720, Fairbanks, AK 99775–6720, (907) 842–2521, (907) 474– 5208, williams@nushtel.net, http:// community.uaf.edu/~alaskattac Service area: Alaska. National Indian Justice Center, Raquelle Myers, 5250 Aero Drive, Santa Rosa, CA 95403, (707) 579–5507 or (800) 966–0662, (707) 579–9019, nijc@aol.com, http:// www.nijc.org/ttap.html, Service area: California, Nevada. Tribal Technical Assistance Program at Colorado State University, Ronald Hall, Rockwell Hall, Room 321, Colorado State University, Fort Collins, CO 80523–1276, (800) 262–7623, (970) 491–3502, ronald.hall@colostate.edu, http:// ttap.colostate.edu/, Service area: Arizona, Colorado, New Mexico, Utah. Tribal Technical Assistance Program (TTAP), Bernie D. Alkire, 301–E Dillman Hall, Michigan Technological University, 1400 Townsend Drive, Houghton, MI 49931– 1295, (888) 230–0688, (906) 487–1834, balkire@mtu.edu, http:// www.ttap.mtu.edu/. Service area: Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania. Northern Plains Tribal Technical Assistance Program, Dennis Trusty, United Tribes Technical College, 3315 University Drive, Bismarck, ND 58504, (701) 255–3285 ext. 1262, (701) 530–0635, nddennis@hotmail.com, http:// www.uttc.edu/forum/ttap/ttap.asp, Service area: Montana (Eastern), Nebraska (Northern), North Dakota, South Dakota, Wyoming. Northwest Tribal Technical Assistance Program, Richard A. Rolland, Eastern Washington University, Department of Urban Planning, Public & Health Administration, 216 Isle Hall, Cheney, WA 99004, (800) 583–3187, (509) 359–7485, rrolland@ewu.edu, http://www.ewu.edu/ TTAP/, Service area: Idaho, Montana, (Western), Oregon, Washington. Tribal Technical Assistance Program at Oklahoma State University, James Self, Oklahoma State University, 5202 N. Richmond Hills Road, Stillwater, OK VerDate Nov<24>2008 17:48 Apr 28, 2009 Jkt 217001 74078–0001, (405) 744–6049, (405) 744– 7268, jim.self@okstate.edu, http:// ttap.okstate.edu/, Service area: Kansas, Nebraska, (Southern), Oklahoma, Texas. Other Technical Assistance Resources National RTAP (National Rural Transit Assistance Program), Contact: Nichole Goldsmith, Executive Director, 10 G Street NE., Suite 710, Washington, DC 20002, Telephone: (202) 248–5044, Fax: (202) 289–6539, http://www.nationalrtap.org. Community Transportation Association of America, The Resource Center—800–891– 0590, http://www.ctaa.org/. BILLING CODE P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designation of Persons and Identification of New Aliases Pursuant to Executive Order 13382 AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Notice. SUMMARY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of six newly-designated entities, one newlydesignated person, and eight additional aliases for a previously-designated entity whose property and interests in property are blocked pursuant to Executive Order 13382 of June 28, 2005, ‘‘Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters.’’ DATES: The designation by the Director of OFAC of the six entities, one person, and eight new aliases identified in this notice pursuant to Executive Order 13382 is effective on April 7, 2009. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: (202) 622–2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (http://www.treas.gov/offices/ enforcement/ofac) or via facsimile through a 24-hour fax-on demand service, tel.: (202) 622–0077. Background On June 28, 2005, the President, invoking the authority, inter alia, of the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 19635 (‘‘IEEPA’’), issued Executive Order 13382 (70 FR 38567, July 1, 2005) (the ‘‘Order’’), effective at 12:01 a.m. eastern daylight time on June 29, 2005. In the Order, the President took additional steps with respect to the national emergency described and declared in Executive Order 12938 of November 14, 1994, regarding the proliferation of weapons of mass destruction and the means of delivering them. Section 1 of the Order blocks, with certain exceptions, all property and interests in property that are in the United States, or that hereafter come within the United States or that are or hereafter come within the possession or control of United States persons, of: (1) The persons listed in an Annex to the Order; (2) any foreign person determined by the Secretary of State, in consultation with the Secretary of the Treasury, the Attorney General, and other relevant agencies, to have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, develop, transport, transfer or use such items, by any person or foreign country of proliferation concern; (3) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and other relevant agencies, to have provided, or attempted to provide, financial, material, technological or other support for, or goods or services in support of, any activity or transaction described in clause (2) above or any person whose property and interests in property are blocked pursuant to the Order; and (4) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and other relevant agencies, to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to the Order. On April 7, 2009, the Director of OFAC, in consultation with the Departments of State, Justice, and other relevant agencies, designated six entities and one individual whose property and interests in property are blocked pursuant to Executive Order 13382. The list of additional designees is as follows: 1. AMIN INDUSTRIAL COMPLEX (a.k.a. AMIN INDUSTRIAL COMPANY; a.k.a. AMIN INDUSTRIAL E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Notices]
[Pages 19627-19635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9773]


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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 2009 Tribal Transit Program Funds.

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SUMMARY: This notice announces the availability of $15 million in 
funding provided by the Public Transportation on Indian Reservations 
Program (Tribal Transit Program (TTP)), a program authorized by the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU), Section 3013 (c). This notice is a 
national solicitation for grant applicants to be selected on a 
competitive basis, and it includes the grant terms and conditions; 
grant application procedures; and selection criteria for Fiscal Year 
(FY) 2009 projects. The Federal Transit Administration (FTA) announced 
the availability of, and competition for, the FY 2009 American Recovery 
and Reinvestment Act (ARRA) TTP funding in a separate notice published 
on March 23, 2009.

ADDRESSES: Applicants may submit applications in one of two ways: (1) 
Delivering five hard copies to FTA, 1200 New Jersey Avenue, SE., 
Washington, DC, 20590, Attn: Lorna R. Wilson; (2) sending by e-mail to 
fta.tribalprogram@dot.gov. FTA will not accept applications via 
facsimile.

DATES: Applicants must submit completed applications by June 29, 2009. 
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 B) for application-specific information. 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 2009
IV. Award Information
V. Eligibility Information
    A. Eligible Applicants
    B. Eligible Projects
VI. Local Match
VII. Terms and Conditions
VIII. Guidelines for Preparing Grant Application
IX. Application Content
    A. Application Information
    B. Technical, Legal, and Financial Capacity

[[Page 19628]]

    C. Project Information
    D. Application Evaluation Criteria
    E. Intergovernmental Review
    F. Funding Restrictions
X. How Proposals Will Be Evaluated
    A. Competitive Selection Process
    B. Evaluation Criteria
    i. Criterion 1: Project Planning and Coordination
    ii. Criterion 2: Demonstration of Need
    iii. Criterion 3: Benefits of Project
    iv. Criterion 4: Financial Commitment and Operating Capacity
    C. Proposals for Planning Grants
    D. Continuation Projects
    E. Review and Selection Process
XI. Award Administration Information
XII. Other Information
    A. Technical Assistance
    B. Certifications and Assurances
    C. Reporting
    D. Agency Contact(s)
Appendices
    Appendix A. Federal Fiscal Year 2009 Certifications and 
Assurances for the Federal Transit Administration Public 
Transportation on Indian Reservation Program
    Appendix B. FTA Regional Offices and Tribal Liaison
    Appendix C. Technical Assistance Contacts

I. Overview

    Section 3013 of SAFETEA-LU, [Pub. L. 109-59 (August 10, 2005)] 
amended 49 U.S.C. 5311(c) by establishing the Public Transportation on 
Indian Reservations Program (TTP). 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 (Section 5311 
program). The authorized funding increased from $8 million in FY 2006 
to $15 million in FY 2009. The Conference Report that accompanied 
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.

II. Background

    SAFETEA-LU authorized tribes to be direct recipients of Section 
5311 program funds and also created the TTP as a take down off of that 
program. FTA has funded grants under the TTP since FY 2006. For more 
information on the program and a list of projects funded using previous 
years TTP funds, go to: http://www.fta.dot.gov/funding/grants/grants_financing_3553.html.

III. Funding Opportunity Description

A. Authorized Funding for FY 2009

    TTP funds are to be apportioned for grants to Federally recognized 
Indian tribes for any purpose eligible under the Section 5311 program. 
In FY 2009, TTP funds are to be apportioned for grants to Federally 
recognized Indian tribes for any purpose eligible under the Section 
5311 program. In FY 2009, a total of $15,024,797 is available for 
competitive award. This total includes $24,797 from previously awarded 
FY 2006 funds that have lapsed and is now made available for 
reallocation to projects selected through the competitive process 
announced and described in this notice.

 IV. Award Information

    The number and size of awards will be determined through a 
competitive process. 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 per applicant. Priority for FY 2009 funding will be 
given to continuation projects selected in FY 2006-FY 2008 that are in 
an active status. All tribes seeking FY 2009 funds must submit grant 
applications to FTA by June 29, 2009. Tribes applying for ARRA TTP 
funds must abide by the grant application submission deadlines as 
outlined under the separate ARRA TTP notice.

V. Eligibility Information

A. Eligible Applicants

    Eligible applicants include Federally-recognized Indian tribes or 
Alaska Native villages, groups, or communities as identified by the 
Bureau of Indian Affairs (BIA) in the Department of the Interior (DOI). 
To be an eligible recipient, a tribe must have the requisite legal, 
financial and technical capabilities to receive and administer Federal 
funds under this program. A tribe may submit a copy of the most up-to-
date Federal Register notice published by DOI, BIA: Entities Recognized 
and Eligible to Receive Service from the United States Bureau of Indian 
Affairs.

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. The grants may be used 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. Under Department of Transportation (DOT) 
Americans with Disabilities Act of 1990 (ADA) regulations, public fixed 
route operators are required to provide ADA complementary paratransit 
service to individuals who can not use the fixed route due to their 
disability. 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. Local Match

    No local match 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 SAFETEA-LU, 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.
    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 a 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 required, including compliance 
with equity in

[[Page 19629]]

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), and ADA requirements in 49 CFR parts 27, 37, and 38. 
Section 504 is a government-wide requirement that applies to all 
Federal programs, and the implementing regulations of the ADA apply to 
public transportation.
    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 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.
    9. Labor Protections (49 U.S.C. 5333(b)). At the time of the August 
15, 2006, Notice, FTA indicated that labor protective arrangements 
would be required but that FTA would not implement this requirement 
until the Department of Labor (DOL) revised its procedures to provide a 
relevant arrangement for tribes. On October 1, 2008, DOL began using a 
revised special warranty for the Section 5311 program which is 
appropriate for use with TTP grants. All TTP grants (ARRA and annual) 
awarded after October 1, 2008, will be subject to the special warranty 
for labor protective arrangements under the Section 5311 program, which 
will be incorporated by reference in the grant agreement.
    A comprehensive list and description for all of the statutory and 
regulatory terms and conditions that apply to the TTP are set forth in 
FTA's Master Agreement for the TTP available on FTA's Web site at: 
http://www.fta.dot.gov/17861_18441_ENG_HTML.htm.

VIII. Guidelines for Preparing Grant Application

    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 
include capital, operating, administration, and planning;
    B. Existing transit services--applications for funding of 
enhancements or expansion of existing transit services include capital, 
operating, administration, and planning; and
    C. Planning--applications for funding include planning studies and 
operational planning.
    The application should provide information on all items for which 
tribes are requesting funding in FY 2009, and indicate the specific 
category in which the tribe is applying.

IX. Application Content

    The following information must accompany all requests for TTP 
funding.

    Note:  FTA encourages a tribe that is applying for TTP funding 
under both this announcement and the ARRA TTP announcement, 
published separately, to establish linkages between the two 
proposals. The project description and budget must clearly indicate 
activities, for which the tribe seeks ARRA TTP funding and 
activities proposed to be funded with TTP funds where the success of 
the project is dependent on receiving both funding sources.

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).
    3. Contact information including: contact name, title, address, fax 
and phone number, and e-mail address if available.
    4. Description of public transportation services including areas 
currently served by tribe, if any.
    5. Name of person(s) authorized to apply on behalf of tribe (signed 
transmittal letter) must accompany application.

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, the 
authorized representative to execute legal agreements with FTA on 
behalf of the tribe. If applying for capital or operating funds, 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 2 
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), major origins and destinations, population 
served, and whether the tribe provides the service directly or 
contracts 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 X)
    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 X, C of this notice.

E. Intergovernmental Review

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''

[[Page 19630]]

F. Funding Restrictions

    FTA will consider applications for funding only from eligible 
recipients for eligible activities (see section V). Due to funding 
limitations, applicants that are selected for funding may receive less 
than the amount requested. Current TTP grantees applying for FY 2009 
projects must be in an active status to receive additional funding.

X. How Proposals Will Be Evaluated

A. Competitive Selection Process

    FTA intends to award $15 million in TTP funding. If a tribe applies 
for funding both under this announcement (TTP) and under the ARRA 
announcement, FTA will consider both applications in relationship to 
each other, as appropriate. FTA encourages applicants to review the 
evaluation criteria and all other related application information prior 
to preparation of an application. Applicants may receive technical 
assistance for application development by contacting their FTA regional 
Tribal liaison, or the National Rural Transportation Assistance Program 
(RTAP) office. Contact information for technical assistance can be 
found in Appendix B and C.
    FTA will divide applications into three categories. The three 
evaluation categories are as follows:
     Start-ups--Applications for funding of new transit service 
include capital, operating, administration, and planning.
     Existing transit services--Applications for funding of 
enhancements or expansion of existing transit services include capital, 
operating, administration, and planning.
     Planning--Applications for planning include 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 described below to determine rank for funding award 
determination purposes. An applicant can receive up to 25 points for 
each evaluation criterion, up to a total score of 100.

B. Evaluation Criteria for Start-up and Enhancements to Existing 
Transit Services

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 upon 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 process.
    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, procurement, 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. 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 improve 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 Job Access and Reverse 
Commute (JARC), New Freedom, section 5311, section 5310, or section 
5309 Bus and Bus Related Equipment.
    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

[[Page 19631]]

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 the new project or funding for existing 
service leverages 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 upon 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;
    c. The tribe has or will provide non-financial support to project;
    d. The tribe has demonstrated ability to provide other services or 
manage other programs; and
    e. Project funds are used in coordination with other services for 
efficient utilization of funds.

C. Proposals for Planning Grants

    For planning grants, the application 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. Continuation Projects

    If an applicant is proposing a continuation project, using FY 2009 
funding, tribes must demonstrate that their project(s) are in an active 
status to receive additional funding. Along with the criteria listed in 
Section B, proposals should state that the applicant is a current TTP 
grantee and provide information on their transit project(s) status 
including services now being provided and how the new funding will 
complement the existing service. Please provide any data that would be 
helpful to project evaluators, i.e., ridership, increased service 
hours, extended service routes, stops, etc. If you received a planning 
grant in previous fiscal years, please indicate the status of your 
planning study and how this project relates to that study.

E. Review and Selection Process

    Each application will be screened by a panel of members, including 
FTA Headquarters and regional staff. Incomplete or non-responsive 
applications will be disqualified. FTA will make an effort to award 
grants to as many qualified applicants as possible. FTA will make an 
effort to award grants to as many qualified applicants as possible. FTA 
reserves the right to select any capital activities included in either 
the ARRA TTP and FY 2009 TTP application to receive ARRA TTP or FY 2009 
TTP funding, depending on the total demand in response to both 
announcements.

XI. 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 in preparing 
electronic applications for grant awards. At that time, the tribe will 
be required to sign the Certification and Assurances contained in 
Appendix A. The Master Agreement is available on FTA's Web site at 
http://www.fta.dot.gov/17861_18441_ENG_HTML.htm.
    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.

XII. 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 the grant award.

B. Certifications and Assurances

    Applicants 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. The Annual List of 
Certifications and Assurances is attached in Appendix A for 
informational purposes only

C. Reporting

    Title 49 U.S.C. 5335 requires recipients, of Section 5311 program 
funds including tribes, to report data, as specified in 49 U.S.C. 
5311(b)(4) to 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 B) 
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 21 day of April, 2009.
Matthew J. Welbes,
Acting Deputy Administrator.

Appendix A--Federal Fiscal Year 2009 Certifications and Assurances for 
the Federal Transit Administration Public Transportation on Indian 
Reservation Program

Federal Fiscal Year 2009 Certifications and Assurances for Federal 
Transit Administration Assistance Programs

Preface

    In accordance with 49 U.S.C. 5323(n), the following 
certifications and assurances have been compiled for Federal Transit 
Administration (FTA) assistance programs. FTA requests each 
Applicant to provide as many certifications and assurances as needed 
for all programs for which the Applicant intends to seek FTA 
assistance during Federal Fiscal Year 2008. Twenty-four (24) 
Categories of certifications and assurances are listed by numbers 01 
through 24 in the TEAM-Web ``Recipients'' option at the ``Cert's & 
Assurances'' tab of ``View/Modify Recipients.'' Category 01 applies 
to all Applicants. Category 02 applies to all applications for 
Federal assistance in excess of $100,000. Categories 03 through 24 
will apply to and be required for some, but not all, Applicants and 
projects. FTA's annual certifications and assurances permit the 
Applicant to select a single certification which can cover all the 
programs for which it anticipates submitting an application. FTA 
requests the Applicant to read each certification and assurance 
carefully and select all certifications and assurances that may 
apply to the programs for which it expects to seek Federal 
assistance.
    FTA and the Applicant understand and agree that not every 
provision of these

[[Page 19632]]

certifications and assurances will apply to every Applicant or every 
project for which FTA provides Federal financial assistance through 
a Grant Agreement or Cooperative Agreement. The type of project and 
the section of the statute authorizing Federal financial assistance 
for the project will determine which provisions apply. The terms of 
these certifications and assurances reflect applicable requirements 
of FTA's enabling legislation currently in effect.
    The Applicant also understands and agrees that these 
certifications and assurances are special pre-award requirements 
specifically prescribed by Federal law or regulation and do not 
encompass all Federal laws, regulations, and directives that may 
apply to the Applicant or its project. A comprehensive list of those 
Federal laws, regulations, and directives is contained in the 
current FTA Master Agreement MA(14) for Federal Fiscal Year 2008 at 
the FTA Web site http://www.fta.dot.gov/documents/14-Master.pdf. The 
certifications and assurances in this document have been streamlined 
to remove most provisions not covered by statutory or regulatory 
certification or assurance requirements.
    Because many requirements of these certifications and assurances 
will require the compliance of the subrecipient of an Applicant, we 
strongly recommend that each Applicant, including a State, that will 
be implementing projects through one or more subrecipients, secure 
sufficient documentation from each subrecipient to ensure 
compliance, not only with these certifications and assurances, but 
also with the terms of the Grant Agreement or Cooperative Agreement 
for the project, and the Master Agreement or an alternative Master 
Agreement for its project, if applicable, incorporated therein by 
reference. Each Applicant is ultimately responsible for compliance 
with the provisions of the certifications and assurances applicable 
to itself or its project irrespective of participation in the 
project by any subrecipient.

01. Assurances Required for Each Applicant

    Each Applicant for FTA assistance must provide all assurances in 
this Category ``01.'' Except to the extent that FTA expressly 
determines otherwise in writing, FTA may not award any Federal 
assistance until the Applicant provides the following assurances by 
selecting Category ``01.''

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 applicable State, local, or Indian tribal 
law and regulations, and the Applicant's by-laws or internal rules 
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 and cooperative agreements with FTA 
on behalf of the Applicant.

B. Standard Assurances

    The Applicant ensures that it will comply with all applicable 
Federal statutes and regulations in carrying out any project 
supported by an FTA grant or cooperative agreement. The Applicant 
agrees that it is under a continuing obligation to comply with the 
terms and conditions of the grant agreement or cooperative 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. Intergovernmental Review Assurance

    Except if the Applicant is an Indian tribal government seeking 
assistance authorized by 49 U.S.C. 5311(c)(1), the Applicant ensures 
that each application for Federal assistance it submits to FTA has 
been submitted or will be submitted for intergovernmental review to 
the appropriate State and local agencies as determined by the State. 
Specifically, the Applicant ensures that it has fulfilled or will 
fulfill the obligations imposed on FTA by U.S. Department of 
Transportation (U.S. DOT) regulations, ``Intergovernmental Review of 
Department of Transportation Programs and Activities,'' 49 CFR part 
17. This assurance does not apply to Applicants for Federal 
assistance derived from FTA's Tribal Transit Program, 49 U.S.C. 
5311(c)(1).

D. Nondiscrimination Assurance

    As required by 49 U.S.C. 5332 (which prohibits discrimination on 
the basis of race, color, creed, national origin, sex, or age, and 
prohibits discrimination in employment or business opportunity), 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 ensures that it will comply with all 
requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 
U.S.C. 2000d, and 49 CFR part 21, so that no person in the United 
States, on the basis of race, color, national origin, creed, sex, or 
age 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 ensures 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 49 
U.S.C. 5332, 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 ensures 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 49 U.S.C. 5332, 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 49 U.S.C. 5332, 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 
ensures 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 any program or activity receiving or

[[Page 19633]]

benefiting from Federal assistance administered by the FTA or any 
entity within U.S. DOT. The Applicant ensures 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 ensures that, with respect to itself or its project, 
the Applicant:
    (1) Has the legal authority to apply for Federal assistance and 
the institutional, managerial, and financial capability (including 
funds sufficient to pay the non-Federal share of project cost) 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, 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, as amended, 
21 U.S.C. 1101 et seq., relating to nondiscrimination on the basis 
of drug abuse;
    (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention 
Act of 1970, as amended, 42 U.S.C. 4541 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. 
201 et seq., relating 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 ensures that it has the requisite 
authority under applicable state and local 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 ensure 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;
    (13) To the extent applicable, will provide and maintain 
competent and adequate engineering supervision at the construction

[[Page 19634]]

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, or local significance or any land from a historic site of 
national, State, or local 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) To the extent applicable, will 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 
loan, grant agreement, or cooperative 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.

22. Tribal Transit Program

    Each Applicant for Tribal Transit Program assistance must 
provide all certifications and assurance set forth below. Except to 
the extent that FTA determines otherwise in writing, FTA may not 
award any Federal assistance under the Tribal Transit Program until 
the Applicant provides these certifications and assurances by 
selecting Category ``22.''
    In accordance with 49 U.S.C. 5311(c)(1) that authorizes the 
Secretary of Transportation to establish terms and conditions for 
direct grants to Indian tribal governments, the Applicant certifies 
and ensures as follows:
    A. The Applicant ensures 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.
    B. 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.
    C. To the extent applicable to the Applicant or its Project, the 
Applicant certifies that it will comply with the certifications, 
assurances, and agreements in Category 08 (Bus Testing), Category 09 
(Charter Bus Agreement), Category 10 (School Transportation 
Agreement), Category 11 (Demand Responsive Service), Category 12 
(Alcohol Misuse and Prohibited Drug Use), and Category 14 (National 
Intelligent Transportation Systems Architecture and Standards) of 
this document.
    D. If its application exceeds $100,000, the Applicant agrees to 
comply with the certification in Category 02 (Lobbying) of this 
document.

Appendix B--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, Letitia Thompson, 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, 230 Peachtree 
St., NW., Suite 800, Atlanta, GA 30303, Tel.: 404-865-5600, Fax: 
404-865-5605, Regional Tribal Liaisons: 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, Joyce Taylor.
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, Terry Rosapep, 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.

[[Page 19635]]

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: Eric Eidlin.
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 C--Technical Assistance Contacts

Alaska Tribal Technical Assistance Program, Kim Williams, University 
of Alaska, Fairbanks, P.O. Box 756720, Fairbanks, AK 99775-6720, 
(907) 842-2521, (907) 474-5208, williams@nushtel.net, http://
community.uaf.edu/~alaskattac Service area: Alaska.
National Indian Justice Center, Raquelle Myers, 5250 Aero Drive, 
Santa Rosa, CA 95403, (707) 579-5507 or (800) 966-0662, (707) 579-
9019, nijc@aol.com, http://www.nijc.org/ttap.html, Service area: 
California, Nevada.
Tribal Technical Assistance Program at Colorado State University, 
Ronald Hall, Rockwell Hall, Room 321, Colorado State University, 
Fort Collins, CO 80523-1276, (800) 262-7623, (970) 491-3502, 
ronald.hall@colostate.edu, http://ttap.colostate.edu/, Service area: 
Arizona, Colorado, New Mexico, Utah.
Tribal Technical Assistance Program (TTAP), Bernie D. Alkire, 301-E 
Dillman Hall, Michigan Technological University, 1400 Townsend 
Drive, Houghton, MI 49931-1295, (888) 230-0688, (906) 487-1834, 
balkire@mtu.edu, http://www.ttap.mtu.edu/.
Service area: Alabama, Arkansas, Connecticut, Delaware, Florida, 
Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, 
New Hampshire, New Jersey, New York, North Carolina, Ohio, 
Pennsylvania.
Northern Plains Tribal Technical Assistance Program, Dennis Trusty, 
United Tribes Technical College, 3315 University Drive, Bismarck, ND 
58504, (701) 255-3285 ext. 1262, (701) 530-0635, 
nddennis@hotmail.com, http://www.uttc.edu/forum/ttap/ttap.asp, 
Service area: Montana (Eastern), Nebraska (Northern), North Dakota, 
South Dakota, Wyoming.
Northwest Tribal Technical Assistance Program, Richard A. Rolland, 
Eastern Washington University, Department of Urban Planning, Public 
& Health Administration, 216 Isle Hall, Cheney, WA 99004, (800) 583-
3187, (509) 359-7485, rrolland@ewu.edu, http://www.ewu.edu/TTAP/, 
Service area: Idaho, Montana, (Western), Oregon, Washington.
Tribal Technical Assistance Program at Oklahoma State University, 
James Self, Oklahoma State University, 5202 N. Richmond Hills Road, 
Stillwater, OK 74078-0001, (405) 744-6049, (405) 744-7268, 
jim.self@okstate.edu, http://ttap.okstate.edu/, Service area: 
Kansas, Nebraska, (Southern), Oklahoma, Texas.

Other Technical Assistance Resources

National RTAP (National Rural Transit Assistance Program), Contact: 
Nichole Goldsmith, Executive Director, 10 G Street NE., Suite 710, 
Washington, DC 20002, Telephone: (202) 248-5044, Fax: (202) 289-
6539, http://www.nationalrtap.org.
Community Transportation Association of America, The Resource 
Center--800-891-0590, http://www.ctaa.org/.

[FR Doc. E9-9773 Filed 4-28-09; 8:45 am]
BILLING CODE P