[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29569-29577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11338]


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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 2008 Tribal Transit Program Funds.

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SUMMARY: This notice announces the availability of Fiscal Year (FY) 
2008 funds for the Public Transportation on Indian Reservations 
Program, a program authorized by the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 
Section 3013 (c). This notice includes a national solicitation for 
Grant Applications for FY 2008 Tribal Transit Program (TTP) funds to be 
selected on a competitive basis; the grant terms and conditions that 
apply to this program; and grant application procedures and selection 
criteria for FY 2008 projects. The Federal Transit Administration (FTA) 
expects to have a total of $12 million for FY 2008. For more 
information on the program and a list of projects currently funded go 
to http://www.fta.dot.gov/funding/grants/grants_financing_3553.html

ADDRESSES: This announcement is available on the FTA Web site at http://www.fta.dot.gov. FTA will post a synopsis of this announcement on the 
government-wide electronic grants Web site at: http://www.grants.gov. 
Applicants may submit applications in one of three ways: delivering 
five hard copies to Federal Transit Administration, 1200 New Jersey 
Avenue, SE., Washington, DC, 20590 Attention: Lorna R. Wilson; sending 
by e-mail to [email protected], or filing electronically 
through the grants.gov Web site at http://www.grants.gov. Applicants 
applying by e-mail must fax signature documents to 202-366-7951, 
Attention: Lorna Wilson. FTA will announce final selections on the Web 
site and in the Federal Register.

DATES: Applicants must submit completed applications by August 19, 
2008. Anyone intending to apply electronically should initiate the 
process of registering on the grants.gov site immediately to ensure 
completion of registration before the deadline for submission. FTA will 
announce grant selections in the Federal Register when the competitive 
selection process is complete.
    Applicants should be aware that materials sent through the U.S. 
Postal Service are subject to significant delays in delivery due to the 
security screening process. Use of courier or express delivery services 
is recommended.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Tribal Liaison (Appendix B) for application-specific information. For 
general program information, contact Lorna R. Wilson, Office of Transit 
Programs, at (202) 366-2053, e-mail: [email protected]. 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 2008
IV. Award Information
V. Eligibility Information
    A. Eligible Applicants
    B. Eligible Projects
VI. Cost Sharing or Matching
VII. Terms and Conditions
VIII. Guidelines for Preparing Grant Application
IX. Application Content
    A. Application Information
    B. Technical, Legal, and Financial Capacity
    C. Project Information
    D. Application Evaluation Criteria
    E. Submission Dates and Times
    F. Intergovernmental Review
    G. Funding Restrictions
    H. Other Submission Requirements
X. Application Review Process
    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. Review and Selection Process
    E. Continuation Projects
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 2008 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 (Tribal Transit Program). This program 
authorizes direct grants ``under such terms and conditions as may be 
established by the Secretary'' to Indian tribes for any purpose 
eligible under FTA's Nonurbanized Area Formula Program, 49 U.S.C. 5311. 
The funding increases from $8 million in FY 2006 to $15 million in FY 
2009. The Conference Report to SAFETEA-LU indicated that the funds set 
aside for Indian tribes in the TTP are not meant to replace or reduce 
funds that Indian tribes receive from States through FTA's Nonurbanized 
Area Formula Program. The Catalog of Federal Domestic Assistance (CFDA) 
number for the program is 20.509.

II. Background

    Prior to SAFETEA-LU, the Section 5311 program did not include a 
separate public transit program for tribes. Tribes were eligible under 
the Section 5311 program only as subrecipients. SAFETEA-LU authorized a 
TTP and authorized tribes to be direct recipients of Section 5311 
Program funds. As expressed in the Conference Report for SAFETEA-LU 
Congress intended that the funds available for the TTP should not 
replace or reduce funds tribes receive from States under the Section 
5311 program. FTA previously published Notices of Funding Availability 
for FY 2006 and FY 2007. For more information on the program and a list 
of projects currently funded go to http://www.fta.dot.gov/funding/grants/grants_financing_3553.html.

[[Page 29570]]

III. Funding Opportunity Description

A. Authorized Funding for FY 2008

    Section 3013 of SAFETEA-LU established the TTP. The funds are to be 
apportioned for grants to Indian tribes for any purpose eligible under 
the Nonurbanized Area Formula Program (Section 5311 program). In FY 
2008, $12 million is available for allocation to projects selected 
through the process announced 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. Tribes may apply for FY 2008. 
Priority for FY 2008 funding will be given to continuation projects 
selected in FY 2006 and FY 2007 that are in an active status. All 
tribes seeking FY 2008 funds must submit grant applications to FTA by 
August 19, 2008.

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 cannot 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. Cost Sharing or Matching

    No cost sharing is required for this program. However, FTA 
encourages tribes to leverage the program funds and demonstrate 
commitment to the project through in-kind contributions and use of 
other funding sources that are available to support public 
transportation service.

VII. Terms and Conditions

    Section 3013 of SAFETEA-LU amended 49 U.S.C. 5311(c) by authorizing 
funds for the TTP ``under such terms and conditions as may be 
established by the Secretary.'' Pursuant to this discretionary 
statutory authority in 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 the Federal Register notice 
dated August 10, 2005, (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 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 the Americans with Disabilities Act (ADA) requirements 
in 49 CFR parts 27, 37, and 38. These are government-wide requirements 
that apply to all Federal programs.
    4. Drug and Alcohol Testing requirements (49 CFR part 655). FTA 
will apply this requirement because it addresses a national safety 
issue for operators of public transportation.
    5. National Environmental Policy Act, as amended (42 U.S.C. 4321 et 
seq). This is a government-wide requirement that applies to all Federal 
programs.
    6. Charter Service and School Bus transportation requirements in 49 
CFR parts 604 and 605. The definition of ``public transportation'' in 
49 U.S.C. 5302 specifically excludes school bus and charter service.
    7. National Transit Database (NTD) Reporting requirement. Title 49 
U.S.C. 5335 requires NTD reporting for recipients of Section 5311 
funds. The TTP is a Section 5311 program that will provide funds 
directly to Indian tribes. Therefore, this reporting requirement 
applies.
    8. Bus Testing requirements (49 CFR part 665). To ensure that 
vehicles acquired under this program will meet adequate safety and 
operational standards, this requirement will apply.
    A comprehensive list and description for all of the statutory and 
regulatory terms and conditions that apply to the TTP are set forth in 
FTA's Master Agreement for the TTP available on FTA's Web site at: 
http://www.fta.dot.gov/17861_18441_ENG_HTML.htm. Selected grantees 
are required to have a signed Certifications and Assurances for the FY 
in which they apply for a grant. The Certification and Assurances must 
be signed by a legal entity. FTA has provided information concerning 
Certifications and Assurances in Appendix A of this notice. Tribes are 
required to select categories 01 and 22 for the purpose of the Tribal 
Transit Program.

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;
    B. Existing transit services--applications for funding of 
enhancements or expansion of existing transit services (including 
continuation of funding for start-ups selected for FY 2008 funding); 
and

[[Page 29571]]

    C. Planning--applications for funding of planning studies and 
operational planning.
    The application should provide information on all items for which 
tribes are requesting funding in FY 2008, and indicate the specific 
category in which the tribe is applying.

IX. Application Content

A. Applicant Information

    1. Name of Federally recognized tribe and, if appropriate, the 
specific tribal agency submitting the application.
    2. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) 
number if available. (Note: If selected, applicant will be required to 
provide DUNS number prior to grant award, and DUNS number is required 
for submitting through grants.gov).
    3. Contact information 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 should accompany application if the 
application is submitted in hard copy or e-mail).

B. Technical, Legal, and Financial Capacity to Implement the Proposed 
Project

    Tribes that cannot demonstrate adequate capacity in technical, 
legal and financial areas will not be considered for funding. Every 
application must describe the tribe's technical, legal, and financial 
capacity to implement the proposed project.
    1. Legal Capacity: Provide documentation or other evidence to show 
that the applicant is a Federally recognized tribe. Also, who is the 
authorized representative to execute legal agreements with FTA on 
behalf of the tribe? If currently operating transit service, does the 
tribe have appropriate Federal or State operating authority?
    2. Technical Capacity: Give examples of the tribe's management of 
other Federal projects. What resources does the tribe have to implement 
a transit project?
    3. Financial Capacity: Does the tribe have adequate financial 
systems in place to receive and manage a Federal grant? Describe the 
tribe's financial systems and controls.

C. Project Information

    1. Budget: Provide the Federal amount requested for each purpose 
for which funds are sought and any funding from other sources that will 
be provided. If applying for a multi-year project (not to exceed 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.''

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. The application process will allow an Indian 
tribe to apply for multiple years of funding not to exceed two years. 
No more than $25,000 in funding will be awarded per planning grant. The 
remaining funds will be made available for applications for funding of 
start-up or new systems, and enhancements or expansion of existing 
transit service. Current TTP grantees applying for FY 2008 projects 
must be in an active status to receive additional funding.

X. Application Review Process

A. Competitive Selection Process

    FTA will divide applications into three categories. The three 
evaluation categories are as follows:
     Start-ups--Applications for funding of new transit 
service.
     Existing transit services--Applications for funding of 
enhancements or expansion of existing transit services.
     Planning--Applications for funding of transit planning 
studies and/or operational planning.
    Applications will be grouped into their respective category for 
review and scoring purposes. Applications for planning will be 
evaluated using a pass/fail system, whereas start-up and existing 
transit services applications will be scored based on the evaluation 
criteria to determine rank for funding award determination purposes. An 
applicant can receive up to 25 points for each evaluation criterion, up 
to a total score of 100.
    FTA intends to award the full amount of funding available in FY 
2008 for the TTP. 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, Tribal Transportation Assistance Program (TTAP) center, 
or the National Rural Transportation Assistance Program (RTAP) office. 
Contact information for technical assistance can be found in Appendix 
C.

B. Evaluation Criteria

1. Project Planning and Coordination (25 Points)
    In this section, the applicant should describe how the proposed 
project was developed and demonstrate that there is a sound basis for 
the project and that it is ready to implement if funded. Information 
may vary depending 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,

[[Page 29572]]

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 of the tribe. Applications 
may include information such as destinations and services not currently 
accessible by transit, need for access to jobs or health care, special 
needs of the elderly and individuals with disabilities, income-based 
community needs, or other mobility needs.
    Based on the information provided, the proposals will be rated on 
the following:
    a. Is there a demonstrated need for the project?
    b. How well does the project fulfill the need?
3. Benefits of Project (25 Points)
    In this section, applications should identify expected project 
benefits. Possible examples include increased ridership and daily 
trips, improved service, improved operations and coordination, and 
economic benefits to the community.
    Benefits can be demonstrated by identifying the population of 
tribal members and non-tribal members in the proposed project service 
area and estimating the number of daily one-way trips the transit 
service will provide and or the number of individual riders. There may 
be many other, less quantifiable, benefits to the tribe and surrounding 
community from this project. Please document, explain or show the 
benefits in whatever format is reasonable to present them.
    Based on the information provided proposals will be rated based on:
    a. Will the project improve transit efficiency or increase 
ridership?
    b. Will the project 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 facilities funding.
    For existing services, the application should show how TTP funding 
will supplement (not duplicate or replace) current funding sources. If 
the transit system was previously funded under section 5311 through the 
State's apportionment, describe how requested TTP funding will expand 
available services.
    Describe any other resources the tribe will contribute to the 
project, including in-kind contributions, commitments of support from 
local businesses, donations of land or equipment, and human resources, 
and describe to what extent 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. 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.

E. Continuation Projects

    If an applicant is proposing a continuation project, using FY 2008 
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 extenuating 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 FY 2006 or in FY 2007, please indicate the status of 
your planning study and how this project relates to that study.

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

[[Page 29573]]

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.
    Applicants that are selected for grant awards under the TTP will be 
required to formally designate, by resolution or other formal tribal 
action, an authorized representative who will have the authority to 
execute grant agreements on behalf of the Indian tribe with FTA and who 
will also have the authority on behalf of the Indian tribe to execute 
FTA's Annual List of Certifications and Assurances.
    FTA will notify all applicants, both those selected for funding and 
those not selected, when the competitive selection process is complete. 
Projects selected for funding will be published in a Federal Register 
notice.

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 that are selected for grant awards under the TTP will be 
required to formally designate, by resolution or other formal tribal 
action, an authorized representative who will have the authority to 
execute grant agreements on behalf of the Indian tribe with FTA and who 
will also have the authority on behalf of the Indian tribe to execute 
FTA's Annual List of Certifications and Assurances. 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, including tribes, of 
Section 5311 program funds to report data, as specified in 49 U.S.C. 
5311(b)(4), to the National Transit Database (NTD). Specific procedures 
and data requirements for tribes are being developed and will be 
available on the NTD Web site. For technical assistance, contact Lauren 
Tuzikow at 703-462-5233, e-mail: [email protected]. 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: [email protected]. A TDD is available at 1-
800-877-8339 (TDD/FIRS).

    Issued in Washington, DC, this 15th day of May, 2008.
James S. Simpson,
Administrator.

Appendix A. Federal Fiscal Year 2008 Certifications and Assurances for 
the Federal Transit Administration Public Transportation on Indian 
Reservation Program

Federal Fiscal Year 2008 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 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

[[Page 29574]]

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 
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

[[Page 29575]]

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 
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, Public Law 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,

[[Page 29576]]

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.

Selection and Signature Page(s) follow

FEDERAL FISCAL YEAR 2008 CERTIFICATIONS AND ASSURANCES FOR FEDERAL 
TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS

(Signature page alternative to providing Certifications and 
Assurances in TEAM-Web)

Name of Applicant:

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

    The Applicant agrees to comply with applicable provisions of 
Categories 01-24.

OR

    The Applicant agrees to comply with applicable provisions of the 
Categories it has selected:

------------------------------------------------------------------------
                                       Category           Description
------------------------------------------------------------------------
01..............................  Assurances          ..................
                                   Required For Each
                                   Applicant.
02..............................  Lobbying..........  ..................
03..............................  Procurement         ..................
                                   Compliance.
04..............................  Protections for     ..................
                                   Private Providers
                                   of Public
                                   Transportation.
05..............................  Public Hearing....  ..................
06..............................  Acquisition of      ..................
                                   Rolling Stock for
                                   Use in Revenue
                                   Service.
07..............................  Acquisition of      ..................
                                   Capital Assets by
                                   Lease.
08..............................  Bus Testing.......  ..................
09..............................  Charter Service     ..................
                                   Agreement.
10..............................  School              ..................
                                   Transportation
                                   Agreement.
11..............................  Demand Responsive   ..................
                                   Service.
12..............................  Alcohol Misuse and  ..................
                                   Prohibited Drug
                                   Use.
13..............................  Interest and Other  ..................
                                   Financing Costs.
14..............................  Intelligent         ..................
                                   Transportation
                                   Systems.
15..............................  Urbanized Area      ..................
                                   Formula Program.
16..............................  Clean Fuels Grant   ..................
                                   Program.
17..............................  Elderly             ..................
                                   Individuals and
                                   Individuals with
                                   Disabilities
                                   Formula Program
                                   and Pilot Program.
18..............................  Nonurbanized Area   ..................
                                   Formula Program
                                   for States.
19..............................  Job Access and      ..................
                                   Reverse Commute
                                   Program.
20..............................  New Freedom         ..................
                                   Program.
21..............................  Alternative         ..................
                                   Transportation in
                                   Parks and Public
                                   Lands Program.
22..............................  Tribal Transit      ..................
                                   Program.
23..............................  Infrastructure      ..................
                                   Finance Projects.
24..............................  Deposits of         ..................
                                   Federal Financial
                                   Assistance to a
                                   State
                                   Infrastructure
                                   Banks.
------------------------------------------------------------------------

FEDERAL FISCAL YEAR 2008 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE 
PAGE

(Required of all Applicants for FTA assistance and all FTA Grantees 
with an active capital or formula project)

AFFIRMATION OF APPLICANT

Name of Applicant:

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

Name and Relationship of Authorized Representative:

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

    BY SIGNING BELOW, on behalf of the Applicant, I declare that the 
Applicant has duly authorized me to make these certifications and 
assurances and bind the Applicant's compliance. Thus, the Applicant 
agrees to comply with all Federal statutes, regulations, executive 
orders, and directives, and with the certifications and assurances 
as indicated on the foregoing page applicable to each application it 
makes to the Federal Transit Administration (FTA) in Federal Fiscal 
Year 2008.
    FTA intends that the certifications and assurances the Applicant 
selects on the other side of this document, as representative of the 
certifications and assurances in this document, should apply, as 
provided, to each project for which the Applicant seeks now, or may 
later, seek FTA assistance during Federal Fiscal Year 2008.
    The Applicant affirms the truthfulness and accuracy of the 
certifications and assurances it has made in the statements 
submitted herein with this document and any other submission made to 
FTA, and acknowledges that the Program Fraud Civil Remedies Act of 
1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations, 
``Program Fraud Civil Remedies,'' 49 CFR Part 31 apply to any 
certification, assurance or submission made to FTA. The criminal

[[Page 29577]]

fraud provisions of 18 U.S.C. 1001 apply to any certification, 
assurance, or submission made in connection with a Federal public 
transportation program authorized in 49 U.S.C. chapter 53 or any 
other statute. In signing this document, I declare under penalties 
of perjury that the foregoing certifications and assurances, and any 
other statements made by me on behalf of the Applicant are true and 
correct.

Signature--------------------------------------------------------------

Date:------------------------------------------------------------------

Name-------------------------------------------------------------------

Authorized Representative of Applicant

AFFIRMATION OF APPLICANT'S ATTORNEY

For (Name of Applicant):

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

    As the undersigned Attorney for the above named Applicant, I 
hereby affirm to the Applicant that it has authority under State, 
local, or tribal government law, as applicable, to make and comply 
with the certifications and assurances as indicated on the foregoing 
pages. I further affirm that, in my opinion, the certifications and 
assurances have been legally made and constitute legal and binding 
obligations on the Applicant.
    I further affirm to the Applicant that, to the best of my 
knowledge, there is no legislation or litigation pending or imminent 
that might adversely affect the validity of these certifications and 
assurances, or of the performance of the project.

Signature--------------------------------------------------------------

Date:------------------------------------------------------------------

Name-------------------------------------------------------------------

Attorney for Applicant

    Each Applicant for FTA financial assistance and each FTA Grantee 
with an active capital or formula project must provide an 
Affirmation of Applicant's Attorney pertaining to the Applicant's 
legal capacity. The Applicant may enter its signature in lieu of the 
Attorney's signature, provided the Applicant has on file this 
Affirmation, signed by the attorney and dated this Federal fiscal 
year.

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: Jamie Pfister and James Garland.
Region V--Illinois, Indiana, Ohio, Wisconsin, Minnesota, Michigan.
    Marisol R. Simon, FTA Regional Administrator, 200 West Adams 
Street, Suite 320, Chicago, IL 60606-5232, Phone: (312) 353-2789, 
Fax: (312) 886-0351. Regional Tribal Liaisons: William Wheeler, 
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.
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: Lorraine Lerman.
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

Tribal Technical Assistance Program (TTAP) Centers

TTAP-Alaska

Alaska Tribal Technical Assistance Program, NW & AK TTAP, 329 Harbor 
Dr. 208, Sitka, AK 99835, Contact: Dan Moreno, Telephone: 
(800) 399-6376, Fax: (907) 747-5032, E-mail: [email protected]. 
Web: http://www.ewu.edu/TTAP.

TTAP-California

TTAP-California-Nevada, The National Center for American Indian 
Enterprise Development, 11138 Valley Mall, Suite 200, El Monte, CA 
91731, Contact: Lee Bigwater, Telephone: (626) 350-4446, Fax: (626) 
442-7115.

TTAP-Colorado

Tribal Technical Assistance Program at Colorado State University, 
Rockwell Hall, Rm. 321, Colorado State University, Fort Collins, CO 
80523-1276, Contact: Ronald Hall, Telephone: (800) 262-7623, Fax: 
(970) 491-3502, E-mail: [email protected]. Web: http://ttap.colostate.edu/.

TTAP-Michigan

Tribal Technical Assistance Program, 301-E Dillman Hall, Michigan 
Technological University, 1400 Townsend Dr., Houghton, MI 49931-
1295, Contact: Bernard D. Alkire, Telephone: (888) 230-0688, Fax: 
(906) 487-1834, E-mail: [email protected]. Web: http://www.ttap.mtu.edu.

TTAP-North Dakota

Northern Plains Tribal Technical Assistance Program, United Tribes 
Technical College, 3315 University Drive, Bismarck, ND 58504, 
Contact: Dennis Trusty, Telephone: (701) 255-3285 ext. 1262, Fax: 
(701) 530-0635, E-mail: [email protected] or [email protected]. 
Web: http://www.uttc.edu/organizations/ttap/ttap.asp.

TTAP-NW

Northwest Tribal Technical Assistance Program, Eastern Washington 
University Department of Urban Planning, Public & Health 
Administration, 216 Isle Hall, Cheney, WA 99004, Contact: David 
Frey, Telephone: (800) 583-3187, Fax: (509) 359-7485, E-mail: 
[email protected]. Web: http://www.ewu.edu/TTAP.

TTAP-Oklahoma

Tribal Technical Assistance Program at Oklahoma State University, 
Oklahoma State University, 5202 N. Richmond Hills Road, Stillwater, 
OK 74078-0001, Contact: James Self, Telephone: (405) 744-6049, Fax: 
(405) 744-7268, E-mail: [email protected]. Web: http://ttap.okstate.edu.

Additional Technical Assistance Resources

National RTAP (National Rural Transit Assistance Program), E-mail: 
[email protected]. http://www.nationalrtap.org/. Dave Barr 202-
218-6722.
Community Transportation Association of America, The Resource 
Center--800-891-0590. http://www.ctaa.org/.

 [FR Doc. E8-11338 Filed 5-20-08; 8:45 am]
BILLING CODE 4910-57-P