Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices 46959 

and its grant program is available at 

www.bywaysonline.org. 

Respondents: An estimated total of 

60, to include 50 State Departments of 

Transportation, the District of Columbia 

and Puerto Rico, Federal Land 

Management Agencies, State and local 

governments, non-profit agencies and 

Tribal Governments. It is estimated that 

400 applications will be received 

annually. 

Frequency: Annual. 

Estimated Average Burden per 

Response: 40 hours. 

Estimated Total Annual Burden 

Hours: 16,000 hours. 

Electronic Access: Internet users may 

access all comments received by the 

U.S. DOT Dockets, Room PL–401, by 

using the universal resource locator 

(URL): http://dms.dot.gov, 24 hours 

each day, 365 days each year. Please 

follow the instructions online for more 

information and help. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1.48. 

Issued on: August 9, 2006. 

James R. Kabel, 

Chief, Management Programs and Analysis 

Division. 

[FR Doc. E6–13394 Filed 8–14–06; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2006–24143] 

Public Transportation on Indian 

Reservations Program; Tribal Transit 

Program 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of funding availability: 

Solicitation of grant applications for FY 

2006 tribal Transit Program Funds. 

SUMMARY: This Notice accomplishes 

several purposes. First, the U.S. 

Department of Transportation, Federal 

Transit Administration (FTA) 

summarizes and responds to written 

comments FTA received in response to 

a March 22, 2006, Federal Register 

Notice regarding proposed grant 

program provisions for this new 

program and to oral comments FTA 

received during two announced public 

meetings on this program that were held 

on April 4, 2006, in Denver, Colorado, 

and on April 7, 2006, in Kansas City, 

Missouri. Second, this Notice 

announces the availability of funds in 

fiscal year (FY) 2006 for the Public 

Transportation on Indian Reservations 

Program, a new program authorized by 

the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users. Finally, this Notice 

announces a national solicitation for 

applications, with grantees and projects 

to be selected on a competitive basis; 

the grant terms and conditions that will 

apply to this new program; and grant 

application procedures and selection 

criteria for FY 2006 projects. 

ADDRESSES: This announcement is 

available on the FTA’s Web site at: 

http://www.fta.dot.gov. FTA will 

announce final selections on the Web 

site and in the Federal Register. A 

synopsis of this announcement will be 

posted on the governmentwide 

electronic grants Web site at: http:// 

www.GRANTS.GOV. Applications may 

be submitted in one of three ways: 

electronically through GRANTS.GOV, in 

hard copy to Federal Transit 

Administration, 400 Seventh Street, 

SW., Room 9315,Washington, DC 20590, 

Attention: Lorna R. Wilson; or sending 

by e-mail to fta.tribalprogram@dot.gov. 

DATES: Complete applications for Public 

Transportation on Indian Reservations 

Program grants must be submitted in 

hard copy to the FTA, via e-mail by 

October 16, 2006, or submitted 

electronically through the 

GRANTS.GOV Web site by October 16, 

2006. Anyone intending to apply 

electronically should initiate the 

process of registering on the 

GRANTS.GOV site immediately to 

ensure completion of registration before 

the deadline for submission. FTA will 

announce grant selections in the 

Federal Register when the competitive 

selection process is complete. 

Applicants should be aware that 

materials sent through the U.S. Postal 

Service are subject to significant delays 

in delivery due to the security screening 

process. Use of courier or express 

delivery services is recommended if 

unable to apply electronically. 

FOR FURTHER INFORMATION CONTACT: 

Contact the appropriate FTA regional 

Tribal Liaison (Appendix A) for 

application-specific information and 

issues. For general program information, 

contact Lorna R. Wilson, Office of 

Transit Programs, (202) 366-2053, 

e-mail: Lorna.Wilson@dot.gov. A TDD is 

available at 1–800–877–8339 (TDD/ 

FIRS). 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Overview 

II. Background 

III. Comments and Responses 

A. Process and Criteria 

B. Terms and Conditions 

C. Other Issues 

IV. Funding Opportunity Description 

A. Authorized Funding for FY2006 

B. Background 

V. Award Information 

VI. Eligibility Information 

A. Eligible Applicants 

B. Eligible Projects 

VII. Cost Sharing or Matching 

VIII. Terms and Conditions 

IX. Application Submission Information 

X. Guidelines for Preparing Grant 

Application 

XI. Application Content 

A. Application Information 

B. Technical, Legal, and Financial Capacity 

C. Project Information 

D. Application Evaluation Criteria 

E. Submission Dates 

F. Intergovernmental Review 

G. Funding Restrictions 

H. Other Submission Requirements 

XII. Application Review Process 

A. Competitive Selection Process 

B. Evaluation Criteria 

1. Criterion 1: Project Planning and 

Coordination 

2. Criterion 2: Demonstration of Need 

3. Criterion 3: Benefits of Project 

4. Criterion 4. Financial Commitment and 

Operating Capacity 

C. Proposals for Planning Grants 

D. Review and Selection Process 

XIII. Award Information 

XIV. Other Information 

A. Technical Assistance 

B. Standard Assurances 

C. Reporting 

D. Agency Contacts 

Appendices 

Appendix A. FTA Regional Offices and 

Tribal Liaison 

Appendix B. Federal Fiscal Years 2006 and 

2007 Certifications and Assurances for 

the Federal Transit Administration 

Public Transportation on Indian 

Reservations Program 

Appendix C. Technical Assistance 

Contacts 

I. Overview 

Section 3013 of SAFETEA–LU 

amended 49 U.S.C. 5311(c) by 

establishing the Public Transportation 

on Indian Reservations Program 

(hereinafter referred to as the Tribal 

Transit Program). This new program 

authorizes direct grants ‘‘under such 

terms and conditions as may be 

established by the Secretary’’ to Indian 

tribes for any purpose eligible under 

FTA’s Nonurbanized Area Formula 

Program, 49 U.S.C. 5311. The funding 

level authorized for this new program 

will increase from $8 million in FY 

2006 to $15 million in FY 2009. The 

Conference Report to SAFETEA–LU 

indicated that the funds set aside for 

Indian tribes in the Tribal Transit 

Program are not meant to replace or 

reduce funds that Indian tribes receive 

from States through FTA’s 

Nonurbanized Area Formula Program. 

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46960 Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices 

II. Background 

FTA published a Notice in the 

Federal Register dated November 30, 

2005 (70 FR 71950), ‘‘FTA Transit 

Program Changes, Authorized Funding 

Levels and Implementation of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users: Notice’’ which announced 

changes to current FTA programs and 

new programs, including the Tribal 

Transit Program. In the November 30, 

2005, Federal Register Notice, FTA set 

forth and requested public comments on 

the proposed basis for formula 

apportionment for the Tribal Transit 

Program, eligible grant purposes, and 

proposed program requirements. 

On March 22, 2006, FTA published a 

Notice in the Federal Register (71 FR 

14618), ‘‘Public Transportation on 

Indian Reservations Program (49 U.S.C. 

5311(c)(1): Notice of Public Meetings, 

Proposed Grant Program Provisions; 

Notice.’’ FTA responded to comments 

that were received from the public in 

response to the November 30, 2005 

Federal Register Notice, and requested 

additional comment on the following 

issues: the proposed basis for allocating 

funds; grantee eligibility; eligible 

purposes for grant funds; proposed 

terms and conditions for the grant 

program, and local share options. The 

Notice also announced two one-day 

outreach meetings on the Tribal Transit 

Program. The comment period on the 

March 22, 2006, Federal Register Notice 

ended on April 21, 2006, but comments 

submitted after that date were 

considered. 

III. Comments and Responses 

FTA received 28 written comments in 

response to the March 22, 2006, Federal 

Register Notice and additional oral 

comments were received from the 

Indian tribes and other organizations at 

the two public outreach meetings that 

were held in April 2006. A summary of 

the oral comments were placed in the 

docket for this Notice. All of the written 

and oral comments received by FTA 

during the comment period can be 

divided into the following categories: (a) 

The process and the criteria that should 

be established by FTA to allocate 

funding under the Tribal Transit 

Program; (b) the terms and conditions 

that should be applied to grants 

awarded under the Tribal Transit 

Program, which includes the proposed 

options for local match; and (c) other 

issues that were not specifically 

proposed or addressed in the March 22, 

2006 Federal Register Notice. The 

comments received from the Indian 

tribes and others were generally very 

favorable to the establishment and 

implementation of this new program 

and proposed program requirements. 

However, the Indian tribes and others 

strongly disagreed with some of FTA’s 

proposals in the March 22, 2006, 

Federal Register Notice. The Indian 

tribes also offered recommendations and 

changes to FTA’s proposals based on 

their unique perspective and experience 

in providing public transportation on 

Indian reservations. 

A. Process and Criteria 

The March 22, 2006, Federal Register 

Notice proposed a single annual 

competitive selection process to fund 

both new and existing tribal transit 

systems and suggested not establishing 

minimum or maximum awards. In 

addition, the Notice proposed the 

following five criteria that would be 

evaluated and rated by FTA in making 

an award selection: Demonstration of 

need; benefits of the project; adequacy 

of project planning; financial 

commitment; and coordination. The 

Indian tribes were mostly in agreement 

on FTA’s proposal to make single 

annual competitive selections for 

awards under the Tribal Transit 

Program. However, there were divergent 

comments received concerning the 

criteria proposed by FTA for project 

funding under this new program. We 

will address the comments that were 

submitted by the Indian tribes and 

others in the following section of this 

document. 

Comment: There were multiple 

comments concerning FTA’s proposal 

for allocating funds in this new 

program. Several comments from small 

Indian tribes observed that FTA’s 

criteria appeared to be biased in favor of 

existing tribal transit systems. 

Comments from larger Indian tribes 

stated that the criteria should be based 

on established transit systems or for 

tribes that have identified their transit 

needs in the Tribal Transportation 

Improvement Program. Other comments 

suggested an additional criterion that 

would consider the reasonableness of 

the amount requested or that projects 

should be funded for multiple years to 

ensure successful implementation of 

transit projects. 

Response: FTA will ensure that there 

will be an equitable distribution of 

funds in this new program for eligible 

transit projects that are planned, 

constructed, or operated by the Indian 

tribes. FTA has decided to include the 

following four criteria: project planning 

and coordination; demonstration of 

need; benefits of project; and financial 

commitment and operating capacity. 

In addition, to further ensure an 

equitable distribution of funds in this 

new program, FTA will separately 

evaluate proposals under the following 

three categories: (1) Start-up operations; 

(2) enhancements or expansions of 

existing transit services; and (3) transit 

planning and/or operational planning 

grants. The application process will also 

allow a tribal government to apply for 

multiple years of funding, subject to the 

availability of appropriations. 

B. Terms and Conditions 

Comment: There was a clear 

consensus that strongly disagreed with 

FTA’s interpretation of section 5311(c) 

prohibiting the use of funds in the 

Tribal Transit Program for planning 

purposes. Commenters argued that the 

statute permits funds in the Tribal 

Transit Program to be used for any 

purpose eligible under section 5311. 

The commenters stated that other 

subsections of section 5311 permit the 

use of section 5311 funds for planning. 

Therefore, planning should be an 

eligible purpose under section 5311(c). 

Response: FTA’s interpretation that 

planning was not an eligible use of 

Tribal Transit Program funds was based 

on the program’s history. As originally 

enacted, Nonurbanized Area Formula 

Program funds could be used only for 

capital and operating purposes. 

Although planning was permitted under 

certain situations set forth in 

subsections (e) and (f) of section 5311, 

FTA viewed the limited eligibility of 

planning in these subsections as an 

exception to the general rule that 

planning was not an eligible purpose. It 

followed that ‘‘any purpose eligible 

under [section 5311]’’ meant that 

section 5311(c)(1) funds could only be 

used for capital and operating purposes. 

Based on the comments submitted to 

the docket from the Indian tribes and 

other organizations, and comments 

heard at the two public outreach 

meetings held in April 2006 concerning 

the issue that planning should be 

eligible under this new program, FTA 

reviewed section 5311(c), as amended 

by SAFETEA-LU, to determine whether 

a more expansive interpretation of the 

statute might be justified. Under a 

general rule of statutory construction 

that gives weight to the plain meaning 

of a statute, we construe the word ‘‘any’’

in section 5311(c)(1) to be synonymous 

with ‘‘all’’ eligible purposes under 

section 5311. This rule of statutory 

construction is consistent with U.S. 

Supreme Court decisions which have 

long held that there is no more 

persuasive evidence of the purpose of a 

statute than the words by which the 

legislature undertook to give expression 

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Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices 46961 

to its wishes. U.S. v. American Trucking 

Ass’ns., 310 U.S. 534, 543 (1940). By 

applying this rule of statutory 

construction, FTA has determined that 

a broader interpretation of this statute 

will more effectively carry out the 

purpose of this new program. FTA 

therefore interprets Section 5311(c) to 

allow funds apportioned to Indian tribes 

to be used for ‘‘any’’ purpose identified 

under section 5311, which includes 

planning activities. 

FTA notes, however, that because 

section 5311(c)(1) also states that the 

Tribal Transit Program funds are to be 

apportioned under such terms and 

conditions established by FTA, FTA has 

the discretion to limit the amount of 

funds available for each eligible purpose 

under this program. Accordingly, FTA 

will limit the amount of funds that are 

available for planning in the Tribal 

Transit Program to 15 percent of the 

grant award. In addition, for grants that 

are exclusively for planning purposes, 

FTA will limit the amount of funds to 

$25,000 per applicant. 

Comment: Many of the Indian tribes, 

and several State Departments of 

Transportation, commented on FTA’s 

proposal for planning requirements. 

They disagreed with FTA’s proposal 

that Tribal Transportation Improvement 

Plans (TTIP) or Long Range 

Transportation Plans be attached or 

included in the Statewide 

Transportation Improvement Program 

(STIP). The State DOT’s specifically 

contended that a TTIP which did not 

meet various legal requirements (e.g., 

public participation, fiscally 

constrained plans) could potentially 

disqualify the State’s STIP process. 

Therefore, they suggested that this 

proposed planning requirement be 

omitted entirely or, alternatively, that 

the TTIP be attached to a STIP for 

informational purposes only and that 

the TTIP not be considered a formal part 

of the STIP. 

Response: FTA agrees with this 

concern. FTA recognizes that Indian 

tribes are not subject to Federal 

planning requirements. To require the 

attachment of tribal transportation plans 

to a STIP could not only cause 

unnecessary delay to the grant making 

process but also potentially invalidate 

the State’s STIP. Accordingly, FTA will 

not require Indian tribes to attach tribal 

transportation plans to a STIP. However, 

because it would assist both the Indian 

tribes and State Departments of 

Transportation to coordinate and assess 

their planned transportation projects, 

FTA encourages Indian tribes, for 

informational purposes only, to submit 

a copy of their tribal transportation 

plans to State Departments of 

Transportation. 

Comment: Many comments were 

received from the Indian tribes on FTA’s 

two proposed options for local share. 

Most of the comments opposed both 

options and recommended that FTA 

eliminate the local share requirement. 

Others generally favored a 20 percent 

local match for both capital and 

operating expenses. 

Response: FTA’s first option proposed 

a Federal share of 80 percent and a local 

share of 20 percent for both capital and 

operating assistance projects. The 

second option proposed the highest 

Federal share allowed under the Title 23 

Section sliding scale for States with 

large public lands. The second option 

would thus allow a Federal share of 95 

percent for capital projects and a federal 

share of 60 percent for operating 

assistance projects. Under both of the 

two proposed options, FTA believes that 

a Tribal financial contribution was 

important to register commitment to 

projects. However, FTA recognizes that 

many Indian tribes have limited 

financial resources. In fact, because 

tribes often lack financial resources, 

other Federal assistance programs, such 

as the Federal Highway Administration 

Indian Reservations Road program, 

require no Tribal contribution. Since 

these concerns outweigh FTA’s interest 

in a financial expression of a tribal 

commitment to the program, FTA will 

not require a non-Federal matching 

share for Tribal Transit Program grants. 

FTA believes that the intent of this new 

program will be more quickly achieved 

without a tribal share matching 

requirement. 

Comment: Two commenters disagreed 

with FTA’s proposal not to apply the 

labor protective provisions in 49 U.S.C. 

section 5333(b) to grants under this new 

program. It was argued that the Tribal 

Transit Program is a program under 

section 5311 (which is subject to 

statutory labor protections) and there is 

no indication that Congress specifically 

intended for section 5333(b) labor 

protections to not apply to this new 

program. 

Response: FTA stated in the March 

22, 2006 Federal Register Notice that 

direct grants from FTA to Indian tribes 

do not involve State-subrecipient 

relationships. Therefore, the 

administrative procedures the U.S. 

Department of Labor (DOL) uses to 

apply the section 5311 special warranty 

do not apply. 

Accordingly, FTA proposed not to 

apply the labor protective provisions of 

49 U.S.C. 5333(b) to this new program. 

However, FTA is aware that DOL is 

currently initiating a Notice of Proposed 

Rulemaking to revise its labor protective 

arrangements for all FTA grants 

(including the special warranty that is 

applied in the section 5311 program). 

Also, although Congress chose not to 

apply section 5333(b) to several other 

new programs enacted in SAFETEA-LU, 

Congress amended section 5311(i) to 

apply section 5333(b) ‘‘if the Secretary 

of Labor utilizes a special warranty that 

provides a fair and equitable 

arrangement to protect the interests of 

employees.’’ Congress did not exempt 

the Tribal Transit Program from this 

requirement. FTA therefore intends to 

apply the special warranty to the Tribal 

Transit Program in the future. However, 

FTA will postpone the application of 

the special warranty arrangement to the 

Tribal Transit Program until DOL adopts 

procedures for the new program. 

Comment: Several comments 

questioned the applicability of Federal 

Disadvantaged Business Enterprise 

(DBE) regulations, 49 CFR part 26, to 

Indian tribes. 

Response: The U.S. Department of 

Transportation’s DBE regulation 

requires a grant recipient to implement 

a DBE program and to establish annual 

DBE goals for all contracting 

opportunities, except for vehicle 

procurements, where Federal financial 

assistance exceeds $250,000. However, 

due to the relatively small size of the 

grants that will be awarded under this 

new program and to streamline program 

requirements for this new program to 

the benefit of Indian tribes, FTA has 

determined that the FTA DBE 

regulation, 49 CFR part 26, will not 

apply to the Tribal Transit Program. 

Comment: A few comments were 

received from Indian tribes regarding 

FTA’s interpretation and application of 

the Civil Rights Act of 1964 to tribal 

employment rights ordinances (TEROs), 

which provide for Indian preference in 

employment and contracting. 

Response: FTA will not require Indian 

tribes under this new program to 

comply with FTA’s program-specific 

guidance for Title VI and Title VII of the 

Civil Rights Act of 1964. Title VI of the 

Civil Rights Act prohibits 

discrimination on the basis of race, 

color, and national origin in programs 

and activities receiving Federal 

financial assistance. Title VII of the 

Civil Rights Act prohibits 

discrimination in employment in any 

business on the basis of race, color, 

religion, sex, or national origin. Indian 

tribes are specifically excluded from the 

definition of an ‘‘employer’’ under the 

Act. Thus, to the extent that TEROs are 

consistent with federal statutes that 

authorize a general preference for 

Indians in employment or contracting 

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46962 Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices 

for Federally funded work on or around 

Indian reservations, FTA will of course 

comply with applicable law. However, 

although Indian tribes will not be 

subject to FTA’s program-specific 

requirements under Title VI and Title 

VII of the Civil Rights Act, Indian tribes 

under the Tribal Transit Program will 

nonetheless still be subject to the 

provisions of Title VI and Title VII of 

the Civil Rights Act, unless they are 

specifically exempt from the Act. 

C. Other 

Comment: A number of the Indian 

tribes commented on the obligation of 

FTA to properly consult with the Indian 

tribes on a government-to-government 

basis for this new program in 

accordance with Presidential executive 

orders and U.S. Department of 

Transportation procedures. 

Response: FTA recognizes that the 

Federal government has a unique legal 

relationship with Indian Indian tribes. 

When FTA implements a program that 

might have substantial direct effects on 

the Indian tribes or on the sovereignty 

of the Indian tribes, FTA must consult 

and coordinate using established 

principles. These principles are set forth 

in Presidential Executive Order 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ November 

6, 2000, and U.S. Department of 

Transportation Order 5301.1, 

‘‘Department of Transportation 

Programs, Policies, and Procedures 

affecting American Indians, Alaska 

Natives and tribes for programs affecting 

Indian tribal governments.’’

During the development of policies 

and procedures for the Tribal Transit 

Program, FTA consulted and 

coordinated with the Indian tribes 

consistent with these Executive Orders. 

Specifically, FTA announced and 

invited comments from the Indian tribes 

concerning the Tribal Transit Program 

in two separate Federal Register 

Notices. The first Federal Register 

Notice, (70 FR 71950), ‘‘FTA Transit 

Program Changes, Authorized Funding 

Levels and Implementation of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users: Notice,’’ was published on 

November 30, 2005. This first Notice 

invited comment from the Indian tribes 

and others on the proposed basis for 

formula apportionment for the Tribal 

Transit Program, eligible grant purposes, 

and proposed program requirements. A 

second Federal Register Notice, 

published on March 22, 2006, 

responded to comments received from 

the Indian tribes on the November 30, 

2005 Notice. The second Notice further 

solicited comments from the Indian 

tribes and others on FTA’s proposed 

basis and criteria to allocate funding 

under this new program, proposed 

eligible activities, and proposed grant 

requirements. The second Notice also 

announced two one-day public outreach 

meetings on the Tribal Transit Program. 

In the two public meetings held in 

Denver, Colorado, and Kansas City, 

Missouri, FTA presented its proposals 

as set forth in the March 22, 2006 Notice 

and received further comments from the 

Indian tribes in attendance. In addition, 

prior to the March 22, 2006, Notice, 

FTA conducted several national 

teleconferences with the Indian tribes to 

obtain their input and views on issues 

concerning the development and 

implementation of the Tribal Transit 

Program. 

Comment: Although FTA did not 

solicit comments, or propose guidance, 

on the following issue, several Indian 

tribes suggested that FTA should 

administer grants under this program in 

a manner that is either the same or 

similar to contracts and agreements 

under the Indian Self-Determination 

and Education Assistance Act 

(ISDEAA). 

Response: FTA recognizes Indian 

tribes as sovereign governments that can 

independently administer certain 

Federal government programs as 

authorized by the ISDEAA. Although 

the statutory authority to enter into 

contracts with Indian tribes under 

ISDEAA does not include the FTA, FTA 

is nonetheless implementing this new 

program in a manner consistent with the 

principles of self-determination that are 

embodied in ISDEAA. To do so, FTA is 

streamlining and omitting many of the 

U.S. Department of Transportation and 

FTA regulatory requirements that apply 

to other FTA programs as authorized in 

SAFETEA–LU. FTA will make grants 

directly to Indian Indian tribes. The 

Tribal Transit grants will not be 

administered by the Bureau of Indian 

Affairs or any other Federal agency. 

Comment: A few commenters 

indicated that Indian tribes should not 

be required to comply with the intercity 

bus service provisions in section 

5311(f). 

Response: FTA agrees with these 

comments. We do not intend to require 

tribes to spend 15 percent of funds 

received under the Tribal Transit 

Program for intercity bus service. This 

section 5311(f) requirement only applies 

to section 5311 funds that are 

apportioned to the States, and not to 

section 5311 funds disbursed directly to 

tribes under the Tribal Transit Program. 

Therefore, Indian tribes that are 

recipients of funds under the Tribal 

Transit Program are not required to 

expend any part of those funds for 

intercity bus service. However, Indian 

tribes may use Tribal Transit program 

funds for purposes eligible under 

section 5311(f). 

Comment: One commenter inquired 

whether a regional transit district, 

which is a political body within a State, 

would be able to apply for grants under 

the Tribal Transit Program on behalf of 

several Indian tribes. 

Response: As defined in section 

5311(a), as amended by SAFETEA–LU, 

a recipient means a ‘‘State or Indian 

tribe that receives a Federal transit 

program grant directly from the Federal 

Government.’’ Indian tribes, in 

accordance with this definition, are thus 

eligible direct recipients of funds under 

this new program. Under this statutory 

definition, however, a local government, 

such as a regional transit district, would 

not be eligible to be a direct recipient 

and therefore a regional transit district 

or any other local government could not 

directly apply for grants on behalf of 

Indian tribes under the Tribal Transit 

Program. Although local governments 

will not be eligible direct recipients 

under this new program, Indian tribes 

may enter into intergovernmental 

agreements with local governments for 

the purpose of assisting Indian tribes in 

grant-related administrative 

requirements, such as grant preparation, 

grant reporting, etc. 

Comment: Some commenters strongly 

encouraged FTA to provide funding for 

technical and planning assistance to 

tribal transit programs through the 

seven (7) Tribal Technical Assistance 

Programs (TTAP) because SAFETEA–

LU authorized an increased funding 

level for FTA’s Rural Technical 

Assistance Program. 

Response: FTA’s Rural Transit 

Assistance Program (RTAP) provides 

funding to assist in training and 

technical assistance projects and other 

support services for transit operators in 

nonurbanized areas. The RTAP program 

provides an annual allocation to each 

State in conjunction with the State’s 

administration of the section 5311 

formula assistance program. Because 

TTAPs are experienced in technical 

assistance to the tribes, FTA will 

encourage States to work with TTAP 

centers to provide technical assistance 

to tribes. FTA is currently creating a 

partnership between the TTAPs and the 

National RTAP. 

Comment: Commenters requested 

FTA to either exclude or limit the 

eligibility of indirect costs for funds 

received under the Tribal Transit 

Program. They maintained that high 

indirect cost rates of many tribes would 

dampen the program’s benefits. 

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Response: FTA agrees with this 

comment. FTA has determined that the 

eligible indirect costs will be limited to 

10 percent of each Tribal Transit grant 

award. 

Comment: One commenter inquired 

whether an Indian tribe that is within an 

urbanized area would be eligible to 

receive funds under the Tribal Transit 

Program. 

Response: The Tribal Transit Program 

is a program established under the 

section 5311 program. The purpose of 

the section 5311 program is to carry out 

transit projects in rural areas. The 

general authority for the section 5311 

program is set forth in subsection (b) 

which provides that FTA may award 

grants to recipients located in areas 

other than urbanized areas (i.e., areas 

with a population less than 50,000). 

Therefore, because the set aside of 

section 5311 funds for the Tribal Transit 

Program is authorized by statute only 

for areas other than urbanized areas (i.e., 

rural areas), an Indian tribe that is 

located within an urbanized area would 

not be eligible to receive funds under 

the Tribal Transit Program. 

IV. Funding Opportunity Description 

A. Authorized Funding for FY 2006 

The Tribal Transit Program was 

established by section 3013 of 

SAFETEA-LU. This section authorized 

$45 million from the Nonurbanized 

Area Formula Grants Program (49 U.S.C. 

5311) for FY 2006–FY 2009 to be 

apportioned for grants directly to Indian 

tribes. The actual amount each year is 

subject to the availability of 

appropriations. Under the Tribal Transit 

Program, Indian tribes are eligible direct 

recipients. The funds are to be 

apportioned for grants to Indian tribes 

for any purpose eligible under the 

Nonurbanized Area Formula Program 

(section 5311). In FY 2006, $7.92 

million is available for allocation to 

projects selected through the process 

announced in this Notice. 

B. Background 

Prior to SAFETEA-LU, the section 

5311 program did not include a separate 

public transit program for tribes. 

Instead, tribes were eligible under the 

section 5311 program as subrecipients. 

SAFETEA-LU has now authorized a 

Tribal Transit Program and has 

authorized eligible tribes to be direct 

recipients of section 5311 Program 

funds. As expressed in the Conference 

Report for SAFETEA-LU, it is the intent 

of Congress that funds for the Tribal 

Transit Program not replace or reduce 

funds tribes receive from States under 

the section 5311 program. 

V. Award Information 

The number and amount of awards 

will be determined by a competitive 

process. However, funding is available 

for start up services, enhancements or 

expansion of existing transit services, 

and for planning studies and 

operational planning. Approximately 

25% of the funding is set aside for start 

up grants. Planning grants will be 

limited to $25,000 per applicant. 

Multiple year projects will be 

considered for funding, subject to the 

availability of annual appropriations. 

VI. Eligibility Information 

A. Eligible Applicants 

Eligible direct recipients include 

federally-recognized Indian tribes or 

Alaska Native villages, groups, or 

communities as identified by the Bureau 

of Indian Affairs (BIA) in the U.S. 

Department of the Interior. To be 

eligible recipients, tribes must have the 

requisite legal, financial and technical 

capabilities to receive and administer 

Federal funds under this program. 

B. Eligible Projects 

Tribal Transit Program funds may be 

used for any purpose authorized under 

section 5311. This means that grants can 

be awarded to recipients located in rural 

and small urban areas with populations 

under 50,000 not identified as an 

urbanized area by the Bureau of the 

Census for public transportation capital 

projects, operating costs of equipment 

and facilities for use in public 

transportation, planning, and the 

acquisition of public transportation 

services, including service agreements 

with private providers of public 

transportation services. Service funded 

under this program must be designed to 

be accessible to members of the general 

public who have disabilities. 

Coordinated human service 

transportation that primarily serves 

elderly persons and persons with 

disabilities, but which is not restricted 

from carrying other members of the 

public, is considered available to the 

general public if it is marketed as public 

transportation. 

VII. Cost Sharing or Matching 

No cost sharing is required for this 

program; the Federal grant may fund up 

to 100 percent of eligible project costs. 

However, FTA encourages tribes to 

leverage the program funds and 

demonstrate commitment to the project 

through in-kind contributions and use 

of other funding sources that are 

available to support public 

transportation service. 

VIII. Terms and Conditions 

Section 3013 of SAFETEA-LU 

amended 49 U.S.C. 5311(c) by 

authorizing funds for the Tribal Transit 

Program ‘‘under such terms and 

conditions as may be established by the 

Secretary.’’ Pursuant to this 

discretionary statutory authority in 

SAFETEA-LU, FTA published a Notice 

dated March 22, 2006, in the Federal 

Register (71 FR 14618), ‘‘Public 

Transportation on Indian Reservations 

Program (49 U.S.C. 5311(c)(1): Notice of 

Public Meetings, Proposed Grant 

Program Provisions,’’ and proposed 

certain statutory and regulatory terms 

and conditions that should apply to 

grants awarded under this new program. 

The statutory and regulatory terms and 

conditions that were proposed by FTA 

for the Tribal Transit Program pertained 

only to U.S. Department of 

Transportation and FTA requirements. 

As we indicated in the March 22, 2006, 

Federal Register Notice, FTA does not 

possess the authority to waive crosscutting or government-wide statutory 

and regulatory requirements (e.g., 

National Environmental Policy Act). 

However, to the extent permitted by law 

and in recognition of the unique status 

and autonomy of Indian Indian tribes, 

FTA has made every effort in 

establishing the terms and conditions to 

balance the objective of this new 

program, which will directly benefit 

transit projects for Indian tribes, with 

other national objectives (e.g., safety) 

that are important not only to Indian 

tribes but also to the general public. 

FTA received a substantial number of 

comments from Indian tribes and other 

groups concerning certain proposed 

terms and conditions for the Tribal 

Transit Program and FTA’s responses to 

these comments were specifically 

addressed earlier in this Notice. 

However, except for a few proposed 

terms and conditions, such as FTA’s 

proposal that Tribal transportation plans 

be attached or included on a STIP, the 

comments for the most part reflected a 

consensus that was in agreement with 

FTA’s proposed terms and conditions 

for this new program. Therefore, after 

careful review and consideration of the 

comments received from Indian tribes 

and others, FTA has established 

appropriate grant requirements for the 

Tribal Transit Program. These specific 

terms and conditions are set forth in a 

new FTA Master Agreement for the 

Tribal Transit Program. This Master 

Agreement is available on FTA’s Web 

site at http://www.fta.dot.gov/ 

17861_18441_ENG_HTML.htm. 

The following terms and conditions, 

which were initially proposed in the 

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March 22, 2006, Federal Register 

Notice, apply to the Tribal Transit 

Program: 

1. Common Grant Rule (49 CFR Part 

18), ‘‘Uniform Administrative 

Requirements for Grants and 

Cooperative Agreements to State and 

Local Governments.’’ This is a 

government-wide regulation that applies 

to all Federal assistance programs. 

2. Civil Rights Act of 1964. Unless 

Indian tribes are specifically exempted 

from civil rights statutes, compliance 

with civil rights statutes will be 

required, including compliance with 

equity in service. However, Indian tribes 

will not be required to comply with 

FTA program-specific guidance for Title 

VI and Title VII. 

3. Section 504 and ADA requirements 

in 49 CFR parts 27, 37, and 38. These 

are government-wide requirements that 

apply to all Federal programs. 

4. Drug and Alcohol Testing 

requirements (49 CFR part 655). FTA 

will apply this requirement because it 

addresses a national safety issue for 

operators of public transportation. 

5. National Environmental Policy Act. 

This is a government-wide requirement 

that applies to all Federal programs. 

6. Charter Service and School Bus 

transportation requirements in 49 CFR 

parts 604 and 605. The definition of 

‘‘public transportation’’ in 49 U.S.C. 

5302 specifically excludes school bus 

and charter service. 

7. National Transit Database (NTD) 

Reporting requirement. 49 U.S.C. 5335 

requires NTD reporting for all direct 

recipients of section 5311 funds. The 

Tribal Transit Program is a section 5311 

program that will provide funds directly 

to Indian tribes and this reporting 

requirement will therefore apply. 

8. Bus Testing (49 CFR 665) 

requirement. To ensure that vehicles 

acquired under this program will meet 

adequate safety and operational 

standards, this requirement will apply. 

A comprehensive list and description 

for all of the statutory and regulatory 

terms and conditions that will apply to 

the Tribal Transit Program are set forth 

in FTA’s Master Agreement for the 

Tribal Transit Program available on 

FTA’s Web site at: http:// 

www.fta.dot.gov/ 

17861_18441_ENG_HTML.htm. In 

addition, as part of their application for 

grant award, tribes that are selected for 

award will be required to sign the 

Certifications and Assurances for the 

fiscal year in which they apply for a 

grant. The Certifications and Assurances 

are set forth for informational purposes 

in Appendix B of this Notice. Notably, 

FTA has required each applicant to 

submit certifications and assurances for 

each fiscal year in which the applicant 

seeks funding and an award is made. 

But because less than two months 

remain before the end of fiscal year 

2006, FTA will treat certifications and 

assurances submitted by an Indian tribe 

in either fiscal year 2006 or 2007 as 

having fulfilled Federal certification and 

assurance requirements for Tribal 

Transit Program applications submitted 

and awards made in both fiscal years 

2006 and 2007. 

IX. Application and Submission 

Information 

This announcement includes all of 

the information that a tribal government 

will need to apply for competitive 

selection. It is available on the FTA Web 

site at http://www.fta.dot.gov. FTA will 

announce final selections on the Web 

site and in the Federal Register. A 

synopsis of this announcement will be 

posted on the government-wide 

electronic grants Web site at http:// 

www.GRANTS.GOV. 

X. Guidelines for Preparing Grant 

Application 

FTA is conducting a national 

solicitation for applications under the 

Tribal Transit Program. Project selection 

will be made on a competitive basis. 

FTA will divide the applications into 

three categories for the purpose of 

reviewing and selecting projects to be 

funded: 

A. Start ups—applications for funding 

of new transit service; 

B. Existing transit services—

applications for funding of 

enhancements or expansion of 

existing transit services; and 

C. Planning—applications for funding of 

planning studies and operational 

planning 

The application should provide 

information on all items for which 

Indian tribes are requesting funding in 

FY 2006, and indicate the specific 

category in which the tribe is applying. 

XI. Application Content 

A. Applicant Information 

1. Name of federally-recognized tribe 

and, if appropriate, the specific tribal 

agency submitting the application. 

2. Dun and Bradstreet (D&B) Data 

Universal Numbering System (DUNS) 

number if available. (Note: if selected, 

applicant will be required to provide 

DUNS number prior to grant award and 

DUNS number is required for 

submitting through GRANTS.GOV). 

3. Contact information for notification 

of project selection: Contact name, 

address, and fax and phone number. 

4. Description of public transportation 

services currently provided by tribe, if 

any, including areas served. 

5. Name of person (s) authorized to 

apply on behalf of tribe (signed 

transmittal letter should accompany 

application if submitted in hard copy or 

e-mail). 

B. Technical, Legal, and Financial 

Capacity To Implement the Proposed 

Project 

Indian tribes that cannot demonstrate 

adequate capacity in technical, legal and 

financial areas will not be considered 

for funding. Every application must 

describe the tribe’s technical, legal, and 

financial capacity to implement the 

proposed project (see attached 

Appendix B, Section B). 

1. Legal Capacity: Provide 

documentation or other evidence to 

show that the applicant is a Federally 

Recognized tribe. Also, who is the 

authorized representative to execute 

legal agreements with FTA on behalf of 

the Indian tribes? If currently operating 

transit service, does the Indian tribes 

have appropriate Federal or State 

operating authority? 

2. Technical Capacity: Give examples 

of the tribe’s management of other 

Federal projects. What resources does 

the tribal government have to 

implement a transit project? 

3. Financial Capacity: Does the Indian 

tribes have adequate financial systems 

in place to receive and manage a Federal 

grant? Describe the tribal government’s 

financial systems and controls. 

C. Project Information 

1. Budget: Provide the Federal amount 

requested for each purpose for which 

funds are sought and any funding from 

other sources that will be provided. If 

applying for a multi year project (not to 

exceed 4 years), show annual request for 

each year by budget line item. 

2. Project Description: Indicate the 

category for which funding is requested 

i.e., start-ups, enhancements or 

replacements of existing transit services 

or planning studies or operational 

planning grants to address project 

development i.e. development of 

vehicle and equipment specifications 

and provide a summary description of 

the proposed project and how it will be 

implemented (e.g. number and type of 

vehicles, service area, schedules, type of 

services, fixed route or demand 

responsive, route miles (if fixed route) 

and size of service area, major origins 

and destinations, population served, 

and whether the tribe provide the 

service directly or contract for services? 

How will vehicles be maintained? 

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3. Project Timeline: Include 

significant milestones such as date of 

contract for purchase of vehicle(s), 

actual or expected delivery date of 

vehicles, and service start up dates. 

D. Application Evaluation Criteria 

Applications for funding of transit 

services should address the application 

criteria based on project to be funded 

(for more detail see section XII) 

1. Criterion 1: Project Planning and 

Coordination. 

2. Criterion 2: Demonstration of Need. 

3. Criterion 3: Benefits of Project. 

4. Criterion 4: Financial Commitment 

and Operating Capacity. 

Applications for planning grants 

should address the criteria in section 

XII, C of this Notice. 

E. Submission Dates and Times 

Complete applications for Tribal 

Transit Program must be submitted in 

one of the three ways: electronically 

through GRANTS.GOV, in hard copy to 

Federal Transit Administration, 400 

Seventh Street, SW., Room 

9311,Washington, DC 20590, Attention: 

Lorna R. Wilson; or sending by e-mail 

to fta.tribalprogram@dot.gov. by October 

16, 2006 or submitted electronically 

through the GRANTS.GOV Web site by 

the same date. FTA will announce grant 

selections when the competitive 

selection process is complete. 

F. Intergovernmental Review 

This program is not subject to 

Executive Order (EO) 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’

G. Funding Restrictions 

Only applications from eligible 

recipients for eligible activities will be 

considered for funding (see section VI). 

Due to funding limitations, applicants 

that are selected for funding may receive 

less than the amount requested. The 

application process will allow an tribal 

government to apply for multiple years 

of funding not to exceed four years, 

subject to the availability of annual 

appropriations. Up to $2 million will be 

made available for start up or new 

systems, no more than $25,000 will be 

awarded per planning grant. The 

remaining funds will be made available 

for applications for funding of 

enhancements or expansion of existing 

transit service. 

H. Other Submission Requirements 

Applicants submitting hard copies 

should submit 3 copies of their project 

proposal application to the Federal 

Transit Administration, 400 Seventh 

Street, SW., Room 9311, Washington, 

DC 20059, Attention Lorna Wilson, or 

apply electronically through the 

government wide electronic grant 

application portal at 

www.GRANTS.GOV. Alternatively 

applications may be submitted as an 

attachment to mailbox: 

fta.tribalprogram@dot.gov. If applying 

by e-mail, fax signature documents to 

202–366–7951, Attention: Lorna Wilson. 

XII. Application Review Process 

A. Competitive Selection Process 

FTA will divide applications into 

three categories. The three evaluation 

categories are as follows: 

• Start-ups—applications for funding 

of new transit service. 

• Existing transit services—

applications for funding of 

enhancements or expansion of existing 

transit services. 

• Planning—applications for funding 

of transit planning studies and/or 

operational planning. 

Applications will be grouped into 

their respective category for review and 

scoring purposes. Applications for 

planning will be evaluated using a pass/ 

fail system, whereas start-up and 

existing transit services applications 

will be scored based on the evaluation 

criteria to determine rank for funding 

award determination purposes. An 

applicant can receive up to 25 points for 

each evaluation criteria. 

FTA intends to award the full amount 

of funding available in FY 2006 for the 

Tribal Transit Program. FTA encourages 

applicants to review the evaluation 

criteria and all other related application 

information prior to preparation of 

application. Applicants may receive 

technical assistance for application 

development by contacting their FTA 

regional Tribal liaison, TTAP center, or 

the National RTAP office. Contact 

information for technical assistance can 

be found in Appendix C. 

B. Evaluation Criteria for Start-up and 

Existing Transit Service Proposals 

The use of quantitative data and 

estimates, whenever possible, improves 

the proposal’s clarity in comparison to 

all the evaluation criteria. 

1. Criterion 1: Project Planning and 

Coordination (25 points) 

In this section, the applicant should 

describe how the proposed project was 

developed and demonstrate that there is 

a sound basis for the project and that it 

is ready to implement if funded. 

Information may vary depending on 

whether the tribe has a formal plan that 

includes transit. 

a. Applicants without a formal plan 

that includes transit are advised to 

consider and address the following 

areas: 

i. Provide a detailed project 

description including the proposed 

service, vehicle and facility needs and 

other pertinent characteristics of the 

proposed service implementation. 

ii. Identify existing transportation 

services available to the tribe and 

discuss whether the proposed project 

will provide opportunities to coordinate 

service with existing transit services 

including human service agencies, 

intercity bus services, or other public 

transit providers. 

iii. Discuss the level of support either 

by the community and/or tribal 

government for the proposed project. 

iv. Describe the implementation 

schedule for the proposed project 

including time frame, staffing, 

procurement, etc. 

b. Applicants with a formal transit 

plan are advised to consider and 

address the following areas: 

i. Describe the planning document 

and/or the planning process conducted 

to identify the proposed project. 

ii. Describe how the mobility and 

client access needs of tribal human 

service agencies were considered in the 

planning. 

iii. Describe what opportunities for 

public participation were provided in 

the planning process and how the 

proposed transit service or existing 

service has been coordinated with 

transportation provided for the clients 

of human service agencies, with 

intercity bus transportation in the area, 

or with any other rural public transit 

providers. 

iv. Describe how the proposed service 

complements rather than duplicates any 

currently available services. 

v. Describe the implementation 

schedule for the proposed project, 

including time frame, staffing, 

procurements, etc. 

vi. Describe any other planning or 

coordination efforts that were not 

mentioned above. 

Based on the information provided as 

discussed in the above section, 

proposals will be rated on the following: 

i. How sound is the basis for the 

proposed project? 

ii. Is the project ready to implement? 

2. Criterion 2: Demonstration of Need 

(25 points) 

In this section, the application should 

demonstrate the transit needs of the 

tribe and discuss how the proposed 

transit improvements will address the 

identified transit needs of the tribe. 

Applications may include information 

such as destinations and services not 

currently accessible by transit, need for 

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access to jobs or health care, special 

needs of the elderly and individuals 

with disabilities, income-based 

community needs, or other mobility 

needs. 

Based on the information provided 

the proposals will be rated on the 

following: 

a. What is the demonstrated need for 

the project? 

b. How well does the project reduce 

the need? 

3. Criterion 3: Benefits of Project (25 

points) 

In this section applications should 

identify expected project benefits. 

Possible examples include increased 

ridership and daily trips, improved 

service, improved operations and 

coordination, and economic benefits to 

the community. 

Benefits can be demonstrated by 

identifying the population of tribal 

members and non-tribal members in the 

proposed project service area and 

estimating the number of daily, one-way 

trips the transit service will provide and 

the number of individual riders. There 

may be many other, less quantifiable, 

benefits to the tribe and surrounding 

community from this project. Please 

document, explain or show the benefits 

in whatever format is reasonable to 

present them. 

Proposals will be rated on the basis of: 

a. Improved transit efficiency or 

increased ridership; 

b. Improved mobility for the tribe; 

c. Improved access to important 

destinations 

d. Expected average cost per trip on the 

proposed service. 

e. Other qualitative benefits. 

4. Criterion 4: Financial Commitment 

and Operating Capacity (25 points) 

In this section, the application should 

identify any other funding sources used 

by the tribe to support existing or 

proposed transit services, including 

human service transportation funding, 

Indian Reservation Roads, or other FTA 

programs such as Job Access and 

Reverse Commute (JARC), New 

Freedom, section 5311, section 5310, or 

section 5309 bus and bus facilities 

funding. 

For existing services, the application 

should show how Tribal Transit 

Program funding will supplement (not 

duplicate or replace) current funding 

sources. If the transit system was 

previously funded under section 5311 

through the State’s apportionment, 

describe how requested Tribal Transit 

Program funding will expand available 

services. 

Describe any other resources the tribe 

will contribute to the project, including 

in-kind contributions, commitments of 

support from local businesses, 

donations of land or equipment, and 

human resources. To what extent does 

the new project or funding for existing 

service leverage other funding? 

The tribe should show its ability to 

manage programs by demonstrating the 

existing programs it administers, in any 

area of expertise such as human 

services. 

Points will be awarded based on the 

degree to which: 

a. The project deploys new services or 

complements existing services. 

b. Tribal Transit Program funding 

does not replace existing funding. 

c. Tribe has or will provide nonfinancial support to project. 

d. Tribe has demonstrated the ability 

to provide other services or manage 

other programs. 

e. Project funds are used in 

coordination with other services for 

efficient utilization of funds. 

C. Evaluation Criteria for Planning 

Grants Proposals 

Criterion: Need for Study 

For planning grants the applications 

should describe in no more than three 

pages the need for and a general scope 

of the proposed study. 

Based on the information provided, 

proposals will be rated pass/fail based 

on the following: 

a. Is the tribe committed to planning 

for transit? 

b. Is the scope of the proposed study 

for tribal transit? 

D. Review and Selection Process 

Each application will be screened by 

a panel of members including FTA 

headquarters regional staff, and 

representatives of the Indian 

Reservations Roads Program. 

Incomplete or non-responsive 

applications will be disqualified. FTA 

will make an effort to award a grant to 

every qualified applicant. 

XIII. Award Administration 

Information 

FTA will award grants directly to 

Federally recognized Indian tribes for 

the projects selected through this 

competition. Following publication of 

the selected recipients, projects, and 

amounts, FTA regional staff will assist 

the successful applicants to prepare an 

electronic application for grant award. 

At that time, the tribe will be required 

to sign the Certification and Assurances 

contained in Appendix B. The Master 

Agreement is available on FTA’s Web 

site at http://www.fta.dot.gov/ 

17861_18441_ENG_HTML.htm. 

Applicants that are selected for grant 

awards under the Tribal Transit 

Program will be required to formally 

designate, by resolution or other formal 

tribal action, an authorized 

representative who will have the 

authority to execute grant agreements on 

behalf of the Indian tribes with FTA and 

who will also have the authority on 

behalf of the Indian tribes to execute 

FTA’s Annual List of Certifications and 

Assurances. 

FTA will notify all applicants, both 

those selected for funding and those not 

selected, when the competitive selection 

process is complete. Projects selected 

for funding will be published in a 

Federal Register Notice. 

XIV. Other 

A. Technical Assistance 

Technical assistance regarding these 

requirements is available from each FTA 

regional office. The regional offices will 

contact those applicants selected for 

funding regarding procedures for 

making the required certifications and 

assurances to FTA before grants are 

made and will provide assistance in 

preparing the documentation necessary 

for grant award. 

B. Certifications and Assurances 

Applicants that are selected and 

formally notified of FTA’s intention to 

award a grant under the Tribal Transit 

Program will be required to complete 

and execute FTA’s Annual List of 

Certification and Assurances in 

accordance with the procedures 

described in this Notice of Funding 

Availability. The Annual List of 

Certifications and Assurances is 

attached in Appendix B for 

informational purposes only. 

C. Reporting 

49 U.S.C. 5335 National Transit 

Database requires NTD reporting for all 

direct recipients of section 5311 funds 

including tribes. Specific procedures 

and data requirements for tribes have 

not yet been developed and will be 

provided to grantees at a later date. 

Annual progress reports and financial 

status reports will be required of all 

grantees. 

D. Agency Contact(s) 

Contact the appropriate FTA regional 

Tribal Liaison (Appendix A) for 

application-specific information and 

issues for general program information, 

contact Lorna R. Wilson, Office of 

Transit Programs, (202) 366-2053, 

e-mail: Lorna.Wilson@dot.gov. A TDD is 

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available at 1–800–877–8339 (TDD/ 

FIRS). 

Issued in Washington, DC, this 8th day of 

August 2006. 

Sandra K. Bushue, 

Deputy Administrator. 

Appendix A—FTA Regional Offices and 

Tribal Transit Liaisons 

Region I—Massachusetts, Rhode 

Island, Connecticut, New Hampshire, 

Vermont and Maine, Richard H. Doyle, 

FTA Regional Administrator, Volpe 

National Transportation Systems Center, 

Kendall Square, 55 Broadway, Suite 

920, Cambridge, MA 02142–1093, 

Phone: (617) 494–2055, Fax: (617) 494–

2865, Regional Tribal Liaison: Judi 

Molloy. 

Region II—New York, New Jersey, 

Virgin Islands, Letitia Thompson, FTA 

Regional Administrator, One Bowling 

Green, Room 429, New York, NY 

10004–1415, Phone: (212) 668–2170, 

Fax: (212) 668–2136, Regional Tribal 

Liaison: Rebecca Reyes-Alicea. 

Region III—Pennsylvania, Maryland, 

Virginia, West Virginia, Delaware, 

Washington, DC, Susan Borinsky, FTA 

Regional Administrator, 1760 Market 

Street, Suite 500, Philadelphia, PA 

19103–4124, Phone: (215) 656–7100, 

Fax: (215) 656–7260. 

Region IV—Georgia, North Carolina, 

South Carolina, Florida, Mississippi, 

Tennessee, Kentucky, Alabama, Puerto 

Rico, Yvette G. Taylor, FTA Regional 

Administrator, 61 Forsyth Street, S.W., 

Suite 17T50, Atlanta, GA 30303, Phone: 

(404) 562–3500, Fax: (404) 562–3505, 

Regional Tribal Liaisons: Jamie Pfister 

and James Garland. 

Region V—Illinois, Indiana, Ohio, 

Wisconsin, Minnesota, Michigan, 

Marisol R. Simon, FTA Regional 

Administrator, 200 West Adams Street, 

Suite 320, Chicago, IL 60606–5232, 

Phone: (312) 353–2789, Fax: (312) 886–

0351, Regional Tribal Liaisons: Victor 

Austin and William Wheeler. 

Region VI—Texas, New Mexico, 

Louisiana, Arkansas, Oklahoma, Robert 

Patrick, FTA Regional Administrator, 

819 Taylor Street, Room 8A36, Ft. 

Worth, TX 76102, Phone: (817) 978–

0550, Fax: (817) 978–0575, Regional 

Tribal Liaison: Lynn Hayes. 

Region VII—Iowa, Nebraska, Kansas, 

Missouri, Mokhtee Ahmad, FTA 

Regional Administrator, 901 Locust 

Street, Suite 404, Kansas City, MO 

64106, Phone: (816) 329–3920, Fax: 

(816) 329–3921, Regional Tribal 

Liaisons: Joni Roeseler and Cathy 

Monroe. 

Region VIII—Colorado, North Dakota, 

South Dakota, Montana, Wyoming, 

Utah, Lee Waddleton, FTA Regional 

Administrator, 12300 West Dakota 

Avenue, Suite 310, Lakewood, CO 

80228–2583, Phone: (720) 963–3300, 

Fax: (720) 963–3333, Regional Tribal 

Liaisons: Jennifer Stewart and David 

Beckhouse. 

Region IX—California, Arizona, 

Nevada, Hawaii, American Samoa, 

Guam, Leslie Rogers, FTA Regional 

Administrator, 201 Mission Street, Suite 

1650, San Francisco, CA 94105–1831, 

Phone: (415) 744–3133, Fax: (415) 744–

2726, Regional Tribal Liaison: Donna 

Turchie. 

Region X—Washington, Oregon, 

Idaho, Alaska, Richard Krochalis, FTA 

Regional Administrator, Jackson Federal 

Building, 915 Second Avenue, Suite 

3142, Seattle, WA 98174–1002, Phone: 

(206) 220–7954, Fax: (206) 220–7959, 

Regional Tribal Liaisons: Bill Ramos 

and Annette Clothier. 

Appendix B—Federal Fiscal Years 2006 

and 2007 Certifications and Assurances 

for the Federal Transit Administration 

Tribal Transit Program 

In accordance with 49 U.S.C. 5323(n), 

the following certifications and 

assurances have been compiled for the 

Federal Transit Administration (FTA) 

Public Transportation on Indian 

Reservation Program (Tribal Transit 

Program) authorized by 49 U.S.C. 

5311(c)(1). It is customary for FTA to 

require each applicant to submit 

certifications and assurances for each 

fiscal year in which the applicant seeks 

funding. But because less than two 

months remain before the end of Federal 

Fiscal Year 2006, FTA will treat 

certifications and assurances submitted 

by an Indian tribe in either Federal 

Fiscal Year 2006 or 2007 applicable to 

applications for Tribal Transit Program 

assistance submitted and awards made 

in Federal Fiscal Years 2006 and 2007. 

The Indian tribe, as an eligible 

applicant for Tribal Transit Program 

assistance, understands and agrees that 

these certifications and assurances are 

pre-award requirements and do not 

encompass all statutory and regulatory 

requirements that may apply to the 

Indian tribe or its Project. A 

comprehensive list of those 

requirements will be contained in the 

Grant Agreement including the Master 

Agreement accompanying an award 

under the Tribal Transit Program. 

FTA and the Indian tribe also 

understand and agree that not every 

certification and assurance will apply to 

every Project for which FTA provides 

Federal financial assistance through the 

Tribal Transit Program. The type of 

Project will determine which 

requirements apply. For example FTA 

believes that the following requirements 

within the listed certifications and 

assurances will have limited, if any, 

impact: 

1. Many provisions required by the 

Office of Management and Budget 

(OMB) set forth in Certification F 

involve requirements that in most cases 

will not be invoked, such as: 

a. Title III of the Uniform Relocation 

and Real Property Acquisition Policies 

Act, as amended, and implementing 

U.S. DOT regulations will apply only 

when the Indian tribe acquires real 

property with FTA assistance. 

b. Title II of the Uniform Relocation 

and Real Property Acquisition Policies 

Act, as amended, and implementing 

U.S. DOT regulations will apply only 

when the Indian tribe’s project requires 

relocation of a person or business; and 

the Lead-Based Paint Poisoning 

Prevention Act is invoked only in 

connection with residential 

construction, not likely to take place 

under the Tribal Transit Program 

c. The Flood Disaster Protection Act 

applies to projects in flood hazard areas. 

d. Only for construction projects will 

the Davis-Bacon Act, Seismic Safety 

regulations, and OMB engineering 

supervision requirements apply. 

e. Many environmental protection 

requirements are limited to the specific 

problem addressed by the statute. If, for 

example, the project will not affect 

endangered species, the requirements of 

the Endangered Species Act will not be 

invoked. 

2. With respect to Certification H, 

‘‘Bus Testing,’’ only if the Indian tribe 

acquires the first bus of a new bus 

model or the first bus of a new major 

configuration of a new bus will FTA’s 

Bus Testing requirements be invoked. 

Except to the extent that FTA 

determines otherwise in writing, each 

Indian tribe that applies for Tribal 

Transit Program assistance, however, 

must provide all certifications and 

assurance set forth below. FTA may not 

award any Federal assistance under the 

Tribal Transit Program until the Indian 

tribe provides these certifications and 

assurances. 

A. Assurance of Authority of the Indian 

Tribe and Its Representative 

The authorized representative of the 

Indian tribe and the attorney who sign 

these certifications, assurances, and 

agreements affirm that both the Indian 

tribe and its authorized representative 

have adequate authority under Federal 

and Indian tribal law, regulations, or bylaws to: 

(1) Execute and file the application for 

Federal assistance on behalf of the 

Indian tribe; 

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(2) Execute and file the required 

certifications, assurances, and 

agreements on behalf of the Indian tribe 

binding the Indian tribe; and 

(3) Execute grant agreements with 

FTA on behalf of the Indian tribe. 

B. Standard Assurances 

The Indian tribe assures that it will 

comply with all applicable Federal laws 

and regulations in carrying out any 

project supported by an FTA grant. The 

Indian tribe agrees that it is under a 

continuing obligation to comply with 

the terms and conditions of the Grant 

Agreement issued for its project with 

FTA. The Indian tribe recognizes that 

Federal laws and regulations may be 

modified from time to time and those 

modifications may affect project 

implementation. The Indian tribe 

understands that Presidential executive 

orders and Federal directives, including 

Federal policies and program guidance 

may be issued concerning matters 

affecting the Indian tribe or its project. 

The Indian tribe agrees that the most 

recent Federal laws, regulations, and 

directives will apply to the project, 

unless FTA issues a written 

determination otherwise. 

C. The Indian Tribe’s Capacity To 

Comply With Relevant Section 5311 

Requirements 

The Indian tribe assures that: 

(1) It has or will have the necessary 

legal, financial, and managerial 

capability to apply for, receive, and 

disburse Federal assistance authorized 

for 49 U.S.C. 5311; and to carry out each 

project, including the safety and 

security aspects of that project; 

(2) It has or will have satisfactory 

continuing control over the use of 

project equipment and facilities; 

(3) The project equipment and 

facilities will be adequately maintained; 

and 

(4) Its project will achieve maximum 

feasible coordination with 

transportation service assisted by other 

Federal sources. 

D. Nondiscrimination Assurance 

As required by Title VI of the Civil 

Rights Act of 1964, as amended, 42 

U.S.C. 2000d, and by U.S. DOT 

regulations, ‘‘Nondiscrimination in 

Federally-Assisted Programs of the 

Department of Transportation—

Effectuation of Title VI of the Civil 

Rights Act,’’ 49 CFR part 21 at 21.7, the 

Indian tribe assures that it will comply 

with all requirements imposed by or 

issued pursuant to 42 U.S.C. 2000d, and 

49 CFR part 21, so that no person in the 

United States, on the basis of race, color, 

or national origin, will be excluded from 

participation in, be denied the benefits 

of, or otherwise be subjected to 

discrimination in any program or 

activity (particularly in the level and 

quality of transportation services and 

transportation-related benefits) for 

which the Indian tribe 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 Indian tribe retains ownership or 

possession of the project property, 

whichever is longer, the Indian tribe 

assures that: 

(1) Each project will be conducted, 

property acquisitions will be 

undertaken, and project facilities will be 

operated in accordance with all 

applicable requirements imposed by or 

issued pursuant to 42 U.S.C. 2000d, and 

49 CFR part 21, and understands that 

this assurance extends to its entire 

facility and to facilities operated in 

connection with the project. 

(2) It will promptly take the necessary 

actions to effectuate this assurance, 

including notifying the public that 

complaints of discrimination in the 

provision of transportation-related 

services or benefits may be filed with 

U.S. DOT or FTA. Upon request by U.S. 

DOT or FTA, the Indian tribe assures 

that it will submit the required 

information pertaining to its compliance 

with these provisions. 

(3) It will include in each 

subagreement, property transfer 

agreement, third party contract, third 

party subcontract, or participation 

agreement adequate provisions to 

extend the requirements imposed by or 

issued pursuant to 42 U.S.C. 2000d and 

49 CFR part 21 to other parties involved 

therein including any subrecipient, 

transferee, third party contractor, third 

party subcontractor at any level, 

successor in interest, or any other 

participant in the project. 

(4) Should it transfer real property, 

structures, or improvements financed 

with Federal assistance provided by 

FTA to another party, any deeds and 

instruments recording the transfer of 

that property shall contain a covenant 

running with the land assuring 

nondiscrimination for the period during 

which the property is used for a purpose 

for which the Federal assistance is 

extended or for another purpose 

involving the provision of similar 

services or benefits. 

(5) The United States has a right to 

seek judicial enforcement with regard to 

any matter arising under the Act, 

regulations, and this assurance. 

(6) It will make any changes in its 

Title VI implementing procedures as 

U.S. DOT or FTA may request to 

achieve compliance with the 

requirements imposed by or issued 

pursuant to 42 U.S.C. 2000d and 49 CFR 

part 21. 

E. Assurance of Nondiscrimination on 

the Basis of Disability 

As required by U.S. DOT regulations, 

‘‘Nondiscrimination on the Basis of 

Handicap in Programs and Activities 

Receiving or Benefiting from Federal 

Financial Assistance,’’ at 49 CFR 27.9, 

the Indian tribe assures that, as a 

condition to the approval or extension 

of any Federal assistance awarded by 

FTA to construct any facility, obtain any 

rolling stock or other equipment, 

undertake studies, conduct research, or 

to participate in or obtain any benefit 

from any program administered by FTA, 

no otherwise qualified person with a 

disability shall be, solely by reason of 

that disability, excluded from 

participation in, denied the benefits of, 

or otherwise subjected to discrimination 

in any program or activity receiving or 

benefiting from Federal assistance 

administered by the FTA or any entity 

within U.S. DOT. The Indian tribe 

assures that project implementation and 

operations so assisted will comply with 

all applicable requirements of U.S. DOT 

regulations implementing the 

Rehabilitation Act of 1973, as amended, 

29 U.S.C. 794, et seq., and the 

Americans with Disabilities Act of 1990, 

as amended, 42 U.S.C. 12101 et seq., 

and implementing U.S. DOT regulations 

at 49 CFR parts 27, 37, and 38, and any 

other applicable Federal laws that may 

be enacted or Federal regulations that 

may be promulgated. 

F. U.S. Office of Management and 

Budget (OMB) Assurances 

Consistent with OMB assurances set 

forth in SF–424B and SF–424D, the 

Indian tribe assures that, with respect to 

itself and its project, the Indian tribe: 

(1) Has the legal authority to apply for 

Federal assistance and the institutional, 

managerial, and financial capability to 

ensure proper planning, management, 

and completion of the project described 

in its application; 

(2) Will give FTA, the Comptroller 

General of the United States, and, if 

appropriate, the state, through any 

authorized representative, access to and 

the right to examine all records, books, 

papers, or documents related to the 

award; and will establish a proper 

accounting system in accordance with 

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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, Pub. L. 92–255, 

March 21, 1972, and amendments 

thereto, 21 U.S.C. 1174 et seq. relating 

to nondiscrimination on the basis of 

drug abuse; 

(f) The Comprehensive Alcohol Abuse 

and Alcoholism Prevention Act of 1970, 

Pub. L. 91–616, Dec. 31, 1970, and 

amendments thereto, 42 U.S.C. 4581 et 

seq. relating to nondiscrimination on 

the basis of alcohol abuse or alcoholism; 

(g) The Public Health Service Act of 

1912, as amended, 42 U.S.C. 290dd-3 

and 290ee-3, related to confidentiality of 

alcohol and drug abuse patient records; 

(h) Title VIII of the Civil Rights Act, 

42 U.S.C. 3601 et seq., relating to 

nondiscrimination in the sale, rental, or 

financing of housing; and 

(i) Any other nondiscrimination 

statute(s) that may apply to the project; 

(6) To the extent applicable, will 

comply with, or has complied with, the 

requirements of Titles II and III of the 

Uniform Relocation Assistance and Real 

Property Acquisition Policies Act of 

1970, as amended, (Uniform Relocation 

Act) 42 U.S.C. 4601 et seq., which, 

among other things, provide for fair and 

equitable treatment of persons displaced 

or persons whose property is acquired 

as a result of Federal or federally 

assisted programs. These requirements 

apply to all interests in real property 

acquired for project purposes and 

displacement caused by the project 

regardless of Federal participation in 

any purchase. As required by sections 

210 and 305 of the Uniform Relocation 

Act, 42 U.S.C. 4630 and 4655, and by 

U.S. DOT regulations, ‘‘Uniform 

Relocation Assistance and Real Property 

Acquisition for Federal and Federally 

Assisted Programs,’’ 49 CFR 24.4, the 

Indian tribe assures that it has the 

requisite authority under its applicable 

tribal government law to comply with 

the requirements of the Uniform 

Relocation Act, 42 U.S.C. 4601 et seq., 

and U.S. DOT regulations, ‘‘Uniform 

Relocation Assistance and Real Property 

Acquisition for Federal and Federally 

Assisted Programs,’’ 49 CFR part 24, and 

will comply with that Act or has 

complied with that Act and those 

implementing regulations, including but 

not limited to the following: 

(a) The Indian tribe will adequately 

inform each affected person of the 

benefits, policies, and procedures 

provided for in 49 CFR part 24; 

(b) The Indian tribe 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 Indian tribe 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 Indian tribe will make 

available comparable replacement 

dwellings to displaced families and 

individuals as required by 42 U.S.C. 

4625(c)(3); 

(e) The Indian tribe 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 

Indian tribe 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 Indian tribe 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 

Indian tribe’s eligible costs of providing 

payments for those expenses, as 

required by 42 U.S.C. 4631; 

(h) The Indian tribe 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 Indian tribe 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 Indian tribe 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 leadbased paint in the construction or 

rehabilitation of residence structures; 

(10) To the extent applicable, will not 

dispose of, modify the use of, or change 

the terms of the real property title or 

other interest in the site and facilities on 

which a construction project supported 

with FTA assistance takes place without 

permission and instructions from FTA; 

(11) To the extent required by FTA, 

will record the Federal interest in the 

title of real property, and will include 

a covenant in the title of real property 

acquired in whole or in part with 

Federal assistance funds to assure 

nondiscrimination during the useful life 

of the project; 

(12) To the extent applicable, will 

comply with FTA provisions concerning 

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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, local, or tribal 

government significance or any land 

from a historic site of national, state, 

local, or tribal government significance 

to be used in a transportation project as 

required by 49 U.S.C. 303(b) and 303(c); 

(j) Protection of the components of the 

national wild and scenic rivers systems, 

as required under the Wild and Scenic 

Rivers Act of 1968, as amended, 16 

U.S.C. 1271 through 1287; and 

(k) Provision of assistance to FTA in 

complying with section 106 of the 

National Historic Preservation Act of 

1966, as amended, 16 U.S.C. 470f; with 

the Archaeological and Historic 

Preservation Act of 1974, as amended, 

16 U.S.C. 469 through 469c ; and with 

Executive Order No. 11593 

(identification and protection of historic 

properties), 16 U.S.C. 470 note; 

(15) Because a tribal government is 

not covered by the Hatch Act, the Indian 

tribe is not required to comply with the 

requirements of the Hatch Act, 5 U.S.C. 

1501 through 1508 and 7324 through 

7326, which limit the political activities 

of state and local agencies and their 

officers and employees whose primary 

employment activities are financed in 

whole or part with Federal funds 

including a Federal grant agreement 

except, in accordance with 49 U.S.C. 

5307(k)(2) and 23 U.S.C. 142(g), the 

Hatch Act does not apply to a 

nonsupervisory employee of a public 

transportation system (or of any other 

agency or entity performing related 

functions) receiving FTA assistance to 

whom that Act does not otherwise 

apply; 

(16) To the extent applicable, will 

comply with the National Research Act, 

Pub. L. 93–348, July 12, 1974, as 

amended, 42 U.S.C. 289 et seq., and U.S. 

DOT regulations, ‘‘Protection of Human 

Subjects,’’ 49 CFR part 11, regarding the 

protection of human subjects involved 

in research, development, and related 

activities supported by Federal 

assistance; 

(17) To the extent applicable, will 

comply with the Laboratory Animal 

Welfare Act of 1966, as amended, 7 

U.S.C. 2131 et seq., and U.S. 

Department of Agriculture regulations, 

‘‘Animal Welfare,’’ 9 CFR subchapter A, 

parts 1, 2, 3, and 4, regarding the care, 

handling, and treatment of warm 

blooded animals held or used for 

research, teaching, or other activities 

supported by Federal assistance; 

(18) Will have performed the financial 

and compliance audits as required by 

the Single Audit Act Amendments of 

1996, 31 U.S.C. 7501 et seq., OMB 

Circular A–133, ‘‘Audits of States, Local 

Governments, and Non-Profit 

Organizations,’’ Revised, and the most 

recent applicable OMB A–133 

Compliance Supplement provisions for 

the U.S. DOT; and 

(19) To the extent applicable, will 

comply with all applicable provisions of 

all other Federal laws, regulations, and 

directives governing the project, except 

to the extent that FTA has expressly 

approved otherwise in writing. 

G. Procurement Compliance 

In accordance with 49 CFR 

18.36(g)(3)(ii), the Indian tribe certifies 

that its procurement system will comply 

with the requirements of 49 CFR 18.36, 

or will inform FTA promptly that its 

procurement system does not comply 

with 49 CFR 18.36. 

H. Bus Testing 

As required by 49 U.S.C. 5318 and 

FTA regulations, ‘‘Bus Testing,’’ at 49 

CFR 665.7, the Indian tribe certifies that, 

before expending any Federal assistance 

to acquire the first bus of any new bus 

model or any bus model with a new 

major change in configuration or 

components, or before authorizing final 

acceptance of that bus (as described in 

49 CFR part 665), the bus model: 

A. Will have been tested at FTA’s bus 

testing facility; and 

B. Will have received a copy of the 

test report prepared on the bus model. 

I. Charter Service Agreement 

(1) As required by 49 U.S.C. 5323(d) 

and (g) and FTA regulations, ‘‘Charter 

Service,’’ at 49 CFR 604.7, the Indian 

tribe agrees that it and each subrecipient 

and third party contractor at any tier 

will: 

(a) Provide charter service that uses 

equipment or facilities acquired with 

Federal assistance authorized under 49 

U.S.C. chapter 53 (except 49 U.S.C. 5310 

or 5317), or under 23 U.S.C. 133 or 142 

for transportation projects, only to the 

extent that there are no private charter 

service operators willing and able to 

provide the charter service that it or its 

subrecipients or third party contractors 

at any tier desire to provide, unless one 

or more of the exceptions in 49 CFR 

604.9 applies; and 

(b) Comply with the requirements of 

49 CFR part 604 before providing any 

charter service using equipment or 

facilities acquired with Federal 

assistance authorized under 49 U.S.C. 

chapter 53 (except 49 U.S.C. 5310 or 

5317), or under 23 U.S.C. 133 or 142 for 

transportation projects. 

(2) The Indian tribe understands that: 

(a) The requirements of 49 CFR part 

604 will apply to any charter service it 

or its subrecipients or third party 

contractors provide, 

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(b) The definitions of 49 CFR part 604 

will apply to this Charter Service 

Agreement, and 

(c) A violation of this Charter Service 

Agreement may require corrective 

measures and imposition of penalties, 

including debarment from the receipt of 

further Federal assistance for 

transportation. 

J. School Transportation Agreement 

(1) As required by 49 U.S.C. 5323(f) 

and (g) and FTA regulations at 49 CFR 

605.14, the Indian tribe agrees that it 

and each subrecipient or third party 

contractor at any tier will: 

(a) Engage in school transportation 

operations in competition with private 

school transportation operators only to 

the extent permitted by 49 U.S.C. 

5323(f) and (g), and Federal regulations; 

and 

(b) Comply with the requirements of 

49 CFR part 605 before providing any 

school transportation using equipment 

or facilities acquired with Federal 

assistance authorized under 49 U.S.C. 

chapter 53 or under 23 U.S.C. 133 or 

142 for transportation projects. 

(2) The Indian tribe understands that: 

(a) The requirements of 49 CFR part 

605 will apply to any school 

transportation service it or its 

subrecipients or third party contractors 

provide, 

(b) The definitions of 49 CFR part 605 

will apply to this School Transportation 

Agreement, and 

(c) A violation of this School 

Transportation Agreement may require 

corrective measures and imposition of 

penalties, including debarment from the 

receipt of further Federal assistance for 

transportation. 

K. Demand Responsive Service 

As required by U.S. DOT regulations, 

‘‘Transportation Services for Individuals 

with Disabilities (ADA),’’ at 49 CFR 

37.77(d), the Indian tribe certifies that 

its demand responsive service offered to 

individuals with disabilities, including 

individuals who use wheelchairs, is 

equivalent to the level and quality of 

service offered to individuals without 

disabilities. When the Indian tribe’s 

service is viewed in its entirety, the 

Indian tribe’s service for individuals 

with disabilities is provided in the most 

integrated setting feasible and is 

equivalent with respect to: (1) Response 

time, (2) fares, (3) geographic service 

area, (4) hours and days of service, (5) 

restrictions on trip purpose, (6) 

availability of information and 

reservation capability, and (7) 

constraints on capacity or service 

availability. 

L. Alcohol Misuse and Prohibited Drug 

Use 

As required by FTA regulations, 

‘‘Prevention of Alcohol Misuse and 

Prohibited Drug Use in Transit 

Operations,’’ at 49 CFR part 655, subpart 

I, the Indian tribe certifies that it has 

established and implemented an alcohol 

misuse and anti-drug program, and has 

complied with or will comply with all 

applicable requirements of FTA 

regulations, ‘‘Prevention of Alcohol 

Misuse and Prohibited Drug Use in 

Transit Operations,’’ 49 CFR part 655. 

M. National Intelligent Transportation 

Systems Architecture and Standards 

If the Indian tribe’s project involves 

the acquisition of an Intelligent 

Transportation System (ITS), defined as 

technology or system of technologies 

that provides or significantly contribute 

to the provision of one or more ITS user 

services as defined in the National ITS 

Architecture, the Indian tribe will use 

its best efforts to ensure that any 

Intelligent Transportation System 

solutions used in its Project do not 

preclude interface with other Intelligent 

Transportation Systems in the Region. 

(See FTA Notice, ‘‘FTA National ITS 

Architecture Policy on Transit Projects’’

66 FR 1455 et seq. January 8, 2001 and 

other FTA Program Guidance that may 

be issued.) 

BILLING CODE 4910–57–C 

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Appendix C—Technical Assistance 

Contacts 

Tribal Technical Assistance Program 

(TTAP) Centers 

TTAP-Alaska 

Alaska Tribal Technical Assistance 

Program, NW & AK TTAP, 329 Harbor 

Dr. #208, Sitka, AK 99835, Contact: Dan 

Moreno, Telephone: (800) 399–6376, 

Fax: (907) 747–5032, E-mail: 

dmoreno@mail.ewu.edu, Web: 

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, Email: ronald.hall@colostate.edu, Web: 

http://ttap.colostate.edu/. 

TTAP-Michigan 

Tribal Technical Assistance Program, 

301–E Dillman Hall, Michigan 

Technological University, 1400 

Townsend Dr., Houghton, MI 49931–

1295, Contact: Bernard D. Alkire, 

Telephone: (888) 230–0688, Fax: (906) 

487–1834, E-mail: balkire@mtu.edu, 

Web: http://www.ttap.mtu.edu. 

TTAP-North Dakota 

Northern Plains Tribal Technical 

Assistance Program, United Tribes 

Technical College, 3315 University 

Drive, Bismarck, ND 58504, Contact: 

Dennis Trusty, Telephone: (701) 255–

3285 ext. 1262, Fax: (701) 530–0635, Email: nddennis@hotmail.com or 

dtrusty@uttc.edu, Web: http:// 

www.uttc.edu/organizations/ttap/ 

ttap.asp. 

TTAP-NW 

Northwest Tribal Technical 

Assistance Program, Eastern 

Washington University Department of 

Urban Planning, Public & Health 

Administration, 216 Isle Hall, Cheney, 

WA 99004, Contact: David Frey, 

Telephone: (800) 583–3187, Fax: (509) 

359–7485, E-mail: rrolland@ewu.edu, 

Web: www.ewu.edu/TTAP. 

TTAP-Oklahoma 

Tribal Technical Assistance Program 

at Oklahoma State University, 

Oklahoma State University, 5202 N. 

Richmond Hills Road, Stillwater, OK 

74078–0001, Contact: James Self, 

Telephone: (405) 744–6049, Fax: (405) 

744–7268, E-mail: jim.self@okstate.edu, 

Web: http://ttap.okstate.edu. 

National RTAP (National Rural 

Transit Assistance Program), E-mail: 

nationalrtap@apwa.net, http:// 

www.nationalrtap.org/, Dave Barr 202–

218–6722, Community Transportation 

Association of America), The Resource 

Center—1800–891–0590, http:// 

www.ctaa.org/. 

[FR Doc. 06–6911 Filed 8–14–06; 8:45 am] 

BILLING CODE 4910–57–P 


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