Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Notices 16397 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Public Transportation on Indian 

Reservations Program; Tribal Transit 

Program 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Funding Availability: 

Solicitation of Grant Applications for 

FY 2007 Tribal Transit Program Funds. 

SUMMARY: This notice announces the 

availability of Fiscal Year (FY) 2007 

funds for the Public Transportation on 

Indian Reservations Program, a program 

authorized by the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU). 

This notice also announces a national 

solicitation for Grant Applications for 

FY 2007 Tribal Transit Program (TTP) 

funds to be selected on a competitive 

basis; the grant terms and conditions 

that apply to this program; and grant 

application procedures and selection 

criteria for FY 2007 projects. 

ADDRESSES: This announcement is 

available on the Federal Transit 

Administration (FTA) Web site at 

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

announce final selections on the Web 

site and in the Federal Register. FTA 

will post a synopsis of this 

announcement on the government-wide 

electronic grants Web site at: http:// 

www.grants.gov. Applicants may submit 

applications in one of three ways: 

electronically through Grants.gov, 

delivery in hard copy to Federal Transit 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC, 

Attention: Lorna R. Wilson; or sending 

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

DATES: Applicants must submit 

completed applications for Public 

Transportation on Indian Reservations 

Program grants in hard copy to the FTA, 

via e-mail August 2, 2007, or 

electronically through the Grants.gov 

Web site by the same date. Anyone 

intending to apply electronically should 

initiate the process of registering on the 

grants.gov site immediately to ensure 

completion of registration before the 

deadline for submission. FTA will 

announce grant selections in the 

Federal Register when the competitive 

selection process is complete. 

Applicants should be aware that 

materials sent through the U.S. Postal 

Service are subject to significant delays 

in delivery due to the security screening 

process. Use of courier or express 

delivery services is recommended. 

FOR FURTHER INFORMATION CONTACT: 

Contact the appropriate FTA regional 

Tribal Liaison (Appendix A) for 

application-specific information and 

issues. For general program information, 

contact Lorna R. Wilson, Office of 

Transit Programs, at (202) 366–2053, 

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

available at 1–800–877–8339 (TDD/ 

FIRS). 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Overview 

II. Background 

III. Funding Opportunity Description 

A. Authorized Funding for FY 2007 

B. Background 

IV. Award Information 

V. Eligibility Information 

A. Eligible Applicants 

B. Eligible Projects 

VI. Cost Sharing or Matching 

VII. Terms and Conditions 

VII. Application and Submission Information 

IX. Guidelines for Preparing Grant 

Application 

X. Application Content 

A. Application Information 

B. Technical, Legal, and Financial Capacity 

C. Project Information 

D. Application Evaluation Criteria 

E. Submission Dates and Times 

F. Intergovernmental Review 

G. Funding Restrictions 

H. Other Submission Requirements 

XI. Application Review Process 

A. Competitive Selection Process 

B. Evaluation Criteria 

1. Criterion 1: Project Planning and 

Coordination 

2. Criterion 2: Demonstration of Need 

3. Criterion 3: Benefits Of Project 

4. Criterion 4. Financial Commitment And 

Operating Capacity 

C. Proposals for Planning Grants 

D. Review and Selection Process 

XII. Award Administration Information 

XIII. Other Information 

A. Technical Assistance 

B. Certifications and Assurances 

C. Reporting 

D. Agency Contact(s) 

Appendices 

Appendix A. FTA Regional Offices and 

Tribal Liaison 

Appendix B. Federal Fiscal Year 2007 

Certifications and Assurances for the 

Federal Transit Administration Public 

Transportation on Indian Reservation 

Program 

Appendix C. Technical Assistance 

Contacts 

I. Overview 

Section 3013 of SAFETEA–LU, [Pub. 

L. 109–59 (August 15, 2005)] amended 

49 U.S.C. 5311(c) by establishing the 

Public Transportation on Indian 

Reservations Program (Tribal Transit 

Program). This program authorizes 

direct grants ‘‘under such terms and 

conditions as may be established by the 

Secretary’’ to Indian tribes for any 

purpose eligible under FTA’s 

Nonurbanized Area Formula Program, 

49 U.S.C. 5311. The funding for the TTP 

will increase from $8 million in FY 

2006 to $15 million in FY 2009. The 

Conference Report to SAFETEA–LU 

indicated that the funds set aside for 

Indian tribes in the TTP are not meant 

to replace or reduce funds that Indian 

tribes receive from States through FTA’s 

Nonurbanized Area Formula Program. 

The Catalog of Federal Domestic 

Assistance (CFDA) number for the 

program is 20.509. 

II. Background 

On August 15, 2006, FTA published 

a Federal Register Notice of Funding 

Availability: Solicitation of Grant 

Applications for FY 2006 TTP Funds 

(71 FR 46878). This notice 

accomplished several purposes. First, 

the notice responded to written 

comments FTA received in response to 

an earlier Federal Register notice dated 

March 22, 2006, (71 FR 14618) ‘‘Public 

Transportation on Indian Reservations 

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

Public Meetings, Proposed Grant 

Program Provisions,’’ and responded to 

oral comments FTA received during two 

announced public meetings that were 

held on April 4, 2006, in Denver, 

Colorado, and on April 7, 2006, in 

Kansas City, Missouri. Second, the 

notice announced the availability of 

funds in FY 2006 for the TTP. Third, the 

notice announced a national solicitation 

for Grant Applications for FY 2006 TTP 

funds to be selected on a competitive 

basis; the grant terms and conditions 

that apply to this new program; and 

grant application procedures and 

selection criteria for FY 2006 projects. 

Projects selected for funding under that 

Notice are published elsewhere in 

today’s issue of the Federal Register. 

III. Funding Opportunity Description 

A. Authorized Funding for FY 2007 

Section 3013 of SAFETEA–LU 

established the TTP under 49 U.S.C. 

5311(c). Section 5311(c) also authorized 

$45 million from the Nonurbanized 

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

5311) for FY 2006–2009, to be 

apportioned for grants directly to Indian 

tribes. Under the TTP, Indian tribes are 

eligible direct recipients. The funds are 

to be apportioned for grants to Indian 

tribes for any purpose eligible under the 

Nonurbanized Area Formula Program 

(Section 5311 program). In FY 2007, $10 

million is available for allocation to 

projects selected through the process 

announced in this notice. 

B. Background 

Prior to SAFETEA–LU, the Section 

5311 program did not include a separate 


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public transit program for tribes. Tribes 

were eligible under the Section 5311 

program only as subrecipients. 

SAFETEA–LU authorized a TTP and 

authorized tribes to be direct recipients 

of Section 5311 Program funds. As 

expressed in the Conference Report (H. 

Conf. Rpt. 109, 203 at 943) for 

SAFETEA–LU, Congress intended that 

the funds available for the TTP not 

replace or reduce funds tribes receive 

from States under the Section 5311 

program. 

IV. Award Information 

The number and size of awards will 

be determined by a competitive process. 

However, funding is available for start 

up services, enhancements or expansion 

of existing transit services, and for 

planning studies and operational 

planning. Planning grants will be 

limited to $25,000 in FY 2007 funds per 

applicant. Tribes may apply for multiple 

year projects, but given the demand for 

the funding, it is likely that only one 

year will be considered for FY 2007 

funding. Priority for FY 2007 funding 

will be given to continuation funding 

for start-up projects selected in FY 2006. 

All tribes seeking FY 2007 funds must 

submit a grant application to FTA by the 

deadline indicated above. However, 

tribes applying for continuation funding 

may incorporate by reference materials 

or information previously submitted to 

FTA as part of their application for FY 

2006 funding. 

V. Eligibility Information 

A. Eligible Applicants 

Eligible direct recipients include 

Federally-recognized Indian tribes or 

Alaska Native villages, groups, or 

communities as identified by the Bureau 

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

Department of the Interior. To be 

eligible recipients, tribes must have the 

requisite legal, financial and technical 

capabilities to receive and administer 

Federal funds under this program. 

B. Eligible Projects 

Eligible recipients may use TTP funds 

for any purpose authorized under the 

Section 5311 program. This means that 

grants can be awarded to recipients 

located in rural and small urban areas 

with populations under 50,000 not 

identified as an urbanized area by the 

Bureau of the Census for public 

transportation capital projects, operating 

costs of equipment and facilities for use 

in public transportation, planning, and 

the acquisition of public transportation 

services, including service agreements 

with private providers of public 

transportation services. Service funded 

under this program must be designed to 

be accessible to members of the general 

public who have disabilities. 

Coordinated human service 

transportation that primarily serves 

elderly persons and persons with 

disabilities, but that is not restricted 

from carrying other members of the 

public, is considered available to the 

general public if it is marketed as public 

transportation. 

VI. Cost Sharing or Matching 

No cost sharing is required for this 

program. However, FTA encourages 

tribes to leverage the program funds and 

demonstrate commitment to the project 

through in-kind contributions and use 

of other funding sources that are 

available to support public 

transportation service. 

VII. Terms and Conditions 

Section 3013 of SAFETEA–LU 

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

authorizing funds for the TTP ‘‘under 

such terms and conditions as may be 

established by the Secretary.’’ Pursuant 

to this discretionary statutory authority 

in Section 5311(c), FTA published a 

Federal Register notice dated March 22, 

2006 (71 FR 14618), ‘‘Public 

Transportation on Indian Reservations 

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

Public Meetings, Proposed Grant 

Program Provisions,’’ and proposed 

certain statutory and regulatory terms 

and conditions that should apply to 

grants awarded under the TTP. The 

statutory and regulatory terms and 

conditions pertained only to U.S. 

Department of Transportation and FTA 

requirements. As FTA indicated its 

March 22, 2006 Federal Register notice 

(71 FR 14618), FTA does not possess the 

requisite authority to waive crosscutting or government-wide statutory 

and regulatory requirements (e.g., 

National Environmental Policy Act 

requirements). However, to the extent 

permitted by law, and in recognition of 

the unique status and autonomy of 

Indian tribal governments, FTA has 

made every effort to establish terms and 

conditions that balance the objective of 

the TTP, which will directly benefit 

transit projects for Indian tribes, with 

other national objectives (e.g., safety) 

that are important not only to Indian 

tribes, but also to the general public. 

FTA received a substantial number of 

comments from Indian tribes and other 

groups concerning certain proposed 

terms and conditions for the TTP. FTA 

addressed these comments in the 

Federal Register Notice dated August 

15, 2006, (71 FR 46878) and established 

appropriate grant requirements for the 

TTP. 

The following terms and conditions 

apply to the TTP: 

1. Common Grant Rule (49 CFR part 

18), ‘‘Uniform Administrative 

Requirements for Grants and 

Cooperative Agreements to State and 

Local Governments.’’ This is a 

government-wide requirement that 

applies to all Federal assistance 

programs. 

2. Civil Rights Act of 1964, as 

amended (42 U.S.C. 2000d). Unless 

Indian tribes are specifically exempted 

from civil rights statutes, compliance 

with civil rights statutes is being 

required, including compliance with 

equity in service. However, Indian tribes 

will not be required to comply with 

FTA program-specific guidance for Title 

VI and Title VII. 

3. Section 504 of the Rehabilitation 

Act of 1973, as amended (29 U.S.C. 794 

et seq.), and the Americans with 

Disabilities Act (ADA) requirements in 

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

government-wide requirements that 

apply to all Federal programs. 

4. Drug and Alcohol Testing 

requirements (49 CFR part 655). FTA 

will apply this requirement because it 

addresses a national safety issue for 

operators of public transportation. 

5. National Environmental Policy Act, 

as amended (42 U.S.C. 4321 et seq). This 

is a government-wide requirement that 

applies to all Federal programs. 

6. Charter Service and School Bus 

transportation requirements in 49 CFR 

parts 604 and 605. The definition of 

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

5302(a)(10) specifically excludes school 

bus and charter service. 

7. National Transit Database (NTD) 

Reporting requirement. Title 49 U.S.C. 

5335 requires NTD reporting for 

recipients of Section 5311 funds. The 

TTP is a Section 5311 program that will 

provide funds directly to Indian tribes. 

Therefore, this reporting requirement 

applies. 

8. Bus Testing requirements (49 CFR 

part 665). To ensure that vehicles 

acquired under this program will meet 

adequate safety and operational 

standards, this requirement will apply. 

A comprehensive list and description 

for all of the statutory and regulatory 

terms and conditions that apply to the 

TTP are set forth in FTA’s Master 

Agreement for the TTP available on 

FTA’s Web site at: http:// 

www.fta.dot.gov/ 

17861_18441_ENG_HTML.htm. In 

addition, as part of their application for 

grant award, FTA will require selected 

tribes to sign the Certifications and 

Assurances for the fiscal year in which 

they apply for a grant. FTA has 

provided information concerning 


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Certifications and Assurances in 

Appendix B of this notice. 

VIII. Application and Submission 

Information 

This notice includes all the 

information that a tribe will need to 

apply for competitive selection. It is 

available on the FTA Web site at 

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

announce final selections on the Web 

site and in the Federal Register. FTA 

will also post a synopsis of this 

announcement on the government-wide 

electronic grants Web site at http:// 

www.grants.gov. 

IX. Guidelines for Preparing Grant 

Application 

FTA is conducting a national 

solicitation for applications under the 

TTP. Project selection will be made on 

a competitive basis. FTA will divide the 

applications into three categories for the 

purpose of reviewing and selecting 

projects to be funded: 

A. Start ups—applications for funding 

of new transit service; 

B. Existing transit services—

applications for funding of 

enhancements or expansion of existing 

transit services (including continuation 

of funding for start-ups selected for FY 

2006 funding); and 

C. Planning—applications for funding 

of planning studies and operational 

planning. 

The application should provide 

information on all items for which tribes 

are requesting funding in FY 2007, and 

indicate the specific category in which 

the tribe is applying. 

X. Application Content 

A. Applicant Information 

1. Name of federally recognized tribe 

and, if appropriate, the specific tribal 

agency submitting the application. 

2. Dun and Bradstreet (D&B) Data 

Universal Numbering System (DUNS) 

number if available. (Note: If selected, 

applicant will be required to provide 

DUNS number prior to grant award, and 

DUNS number is required for 

submitting through grants.gov). 

3. Contact information for notification 

of project selection: Contact name, 

address, and fax and phone number. 

4. Description of public transportation 

services currently provided by tribe if 

any including areas served. 

5. Name of person(s) authorized to 

apply on behalf of tribe (signed 

transmittal letter should accompany 

application if submitted in hard copy or 

e-mail). 

B. Technical, Legal, and Financial 

Capacity to Implement the Proposed 

Project 

Tribes that cannot demonstrate 

adequate capacity in technical, legal and 

financial areas will not be considered 

for funding. Every application must 

describe the tribe’s technical, legal, and 

financial capacity to implement the 

proposed project. 

1. Legal Capacity: Provide 

documentation or other evidence to 

show that the applicant is a Federally 

recognized tribe. Also, who is the 

authorized representative to execute 

legal agreements with FTA on behalf of 

the tribe? If currently operating transit 

service, does the tribe have appropriate 

Federal or State operating authority? 

2. Technical Capacity: Give examples 

of the tribe’s management of other 

Federal projects. What resources does 

the tribe have to implement a transit 

project? 

3. Financial Capacity: Does the tribe 

have adequate financial systems in 

place to receive and manage a Federal 

grant? Describe the tribe’s financial 

systems and controls. 

C. Project Information 

1. Budget: Provide the Federal amount 

requested for each purpose for which 

funds are sought and any funding from 

other sources that will be provided. If 

applying for a multi year project (not to 

exceed 4 years), show annual request for 

each year by budget line item. 

2. Project Description: Indicate the 

category for which funding is requested 

i.e., Start-ups, Enhancements or 

replacements of existing transit services, 

or Planning studies or operational 

planning grants. Provide a summary 

description of the proposed project and 

how it will be implemented (e.g., 

number and type of vehicles, service 

area, schedules, type of services, fixed 

route or demand responsive, route miles 

(if fixed route) and size of service area, 

major origins and destinations, 

population served, and whether the 

tribe provide the service directly or 

contract for services and how will 

vehicles be maintained. 

3. Project Timeline: Include 

significant milestones such as date of 

contract for purchase of vehicle(s), 

actual or expected delivery date of 

vehicles, and service start up dates. 

D. Application Evaluation Criteria 

Applications for funding of transit 

services should address the application 

criteria based on project to be funded 

(for more detail see section XII) 

1. Criterion 1: Project Planning and 

Coordination. 

2. Criterion 2: Demonstration of Need. 

3. Criterion 3: Benefits of Project. 

4. Criterion 4: Financial Commitment 

and Operating Capacity. 

Applications for planning grants 

should address the criteria in section 

XII, C of this notice. 

E. Submission Dates and Times 

Applicants may submit complete 

applications for the TTP in one of the 

three ways: electronically through 

grants.gov, in hard copy to Federal 

Transit Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, Attention: Lorna R. Wilson; or 

sending by e-mail to 

fta.tribalprogram@dot.gov. by August 2, 

2007 or submitted electronically 

through the Grants.gov Web site by the 

same date. FTA will announce grant 

selections when the competitive 

selection process is complete. 

F. Intergovernmental Review 

This program is not subject to 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’

G. Funding Restrictions 

FTA will only consider applications 

for funding from eligible recipients for 

eligible activities (see section VI). Due to 

funding limitations, applicants that are 

selected for funding may receive less 

than the amount requested. The 

application process will allow an Indian 

tribe to apply for multiple years of 

funding not to exceed four years. No 

more than $25,000 in funding will be 

awarded per planning grant. The 

remaining funds will be made available 

for applications for funding of start up 

or new systems, and enhancements or 

expansion of existing transit service. 

H. Other Submission Requirements 

Applicants submitting hard copies 

should submit five (5) copies of their 

project proposal application to the 

Federal Transit Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20059, Attention: Lorna Wilson, or 

apply electronically through the 

government-wide electronic grant 

application portal at www.grants.gov. 

Alternatively, applicants may submit 

applications as an e-mail attachment to 

mailbox: fta.tribalprogram@dot.gov. 

Applicants applying by e-mail must fax 

signature documents to 202–366–7951, 

Attention: Lorna Wilson. 

XI. Application Review Process 

A. Competitive Selection Process 

FTA will divide applications into 

three categories. The three evaluation 

categories are as follows: 


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• Start-ups—Applications for funding 

of new transit service. 

• Existing transit services—

Applications for funding of 

enhancements or expansion of existing 

transit services (including continuation 

of funding for start-ups selected for FY 

2006 funding). 

• Planning—Applications for funding 

of transit planning studies and/or 

operational planning. 

Applications will be grouped into 

their respective category for review and 

scoring purposes. Applications for 

planning will be evaluated using a pass/ 

fail system, whereas start-up and 

existing transit services applications 

will be scored based on the evaluation 

criteria to determine rank for funding 

award determination purposes. An 

applicant can receive up to 25 points for 

each evaluation criteria. 

FTA intends to award the full amount 

of funding available in FY 2007 for the 

TTP. FTA encourages applicants to 

review the evaluation criteria and all 

other related application information 

prior to preparation of application. 

Applicants may receive technical 

assistance for application development 

by contacting their FTA regional Tribal 

liaison, Tribal Transportation 

Assistance Program (TTAP) center, or 

the National Rural Transportation 

Assistance Program (RTAP) office. 

Contact information for technical 

assistance can be found in Appendix C. 

B. Evaluation Criteria 

1. Project Planning and Coordination 

(25 Points) 

In this section, the applicant should 

describe how the proposed project was 

developed and demonstrate that there is 

a sound basis for the project and that it 

is ready to implement if funded. 

Information may vary depending on 

whether the tribe has a formal plan that 

includes transit. 

a. Applicants without a formal plan 

that includes transit are advised to 

consider and address the following 

areas: 

i. Provide a detailed project 

description including the proposed 

service, vehicle and facility needs and 

other pertinent characteristics of the 

proposed service implementation. 

ii. Identify existing transportation 

services available to the tribe and 

discuss whether the proposed project 

will provide opportunities to coordinate 

service with existing transit services 

including human service agencies, 

intercity bus services, or other public 

transit providers. 

iii. Discuss the level of support either 

by the community and/or tribal 

government for the proposed project. 

iv. Describe the implementation 

schedule for the proposed project such 

as time frame, staffing, and 

procurement. 

b. Applicants with a formal transit 

plan are advised to consider and 

address the following areas: 

i. Describe the planning document 

and/or the planning process conducted 

to identify the proposed project. 

ii. Describe how the mobility and 

client access needs of tribal human 

service agencies were considered in the 

planning. 

iii. Describe what opportunities for 

public participation were provided in 

the planning process and how the 

proposed transit service or existing 

service has been coordinated with 

transportation provided for the clients 

of human service agencies, with 

intercity bus transportation in the area, 

or with any other rural public transit 

providers. 

iv. Describe how the proposed service 

complements rather than duplicates any 

currently available services. 

v. Describe the implementation 

schedule for the proposed project, 

including time frame, staffing, 

procurements, etc. 

vi. Describe any other planning or 

coordination efforts that were not 

mentioned above. 

c. Based on the information provided 

as discussed in the above section, 

proposals will be rated on the following: 

i. Is there a sound basis for the 

proposed project? 

ii. Is the project ready to implement? 

2. Demonstration of Need (25 Points) 

In this section, the application should 

demonstrate the transit needs of the 

tribe and discuss how the proposed 

transit improvements will address the 

identified transit needs of the tribe. 

Applications may include information 

such as destinations and services not 

currently accessible by transit, need for 

access to jobs or health care, special 

needs of the elderly and individuals 

with disabilities, income-based 

community needs, or other mobility 

needs. 

Based on the information provided, 

the proposals will be rated on the 

following: 

a. Is there a demonstrated need for the 

project? 

b. How well does the project fulfill 

the need? 

3. Benefits of Project (25 Points) 

In this section, applications should 

identify expected project benefits. 

Possible examples include increased 

ridership and daily trips, improved 

service, improved operations and 

coordination, and economic benefits to 

the community. 

Benefits can be demonstrated by 

identifying the population of tribal 

members and non-tribal members in the 

proposed project service area and 

estimating the number of daily, one-way 

trips the transit service will provide and 

or the number of individual riders. 

There may be many other, less 

quantifiable, benefits to the tribe and 

surrounding community from this 

project. Please document, explain or 

show the benefits in whatever format is 

reasonable to present them. 

Based on the information provided, 

proposals will be rated based on: 

a. Will the project improve transit 

efficiency or increase ridership? 

b. Will the project provide improved 

mobility for the tribe? 

c. Will the project improve access to 

important destinations and services? 

d. Are there other qualitative benefits? 

4. Financial Commitment and Operating 

Capacity (25 Points) 

In this section, the application should 

identify any other funding sources used 

by the tribe to support existing or 

proposed transit services, including 

human service transportation funding, 

Indian Reservation Roads, or other FTA 

programs such as the Job Access and 

Reverse Commute (JARC), New 

Freedom, section 5311, section 5310, or 

section 5309 bus and bus facilities 

funding. 

For existing services, the application 

should show how TTP funding will 

supplement (not duplicate or replace) 

current funding sources. If the transit 

system was previously funded under 

section 5311 through the State’s 

apportionment, describe how requested 

TTP funding will expand available 

services. 

Describe any other resources the tribe 

will contribute to the project, including 

in-kind contributions, commitments of 

support from local businesses, 

donations of land or equipment, and 

human resources, and describe to what 

extent does the new project or funding 

for existing service leverage other 

funding. 

The tribe should show its ability to 

manage programs by demonstrating the 

existing programs it administers, in any 

area of expertise such as human 

services. Based on the information 

provided the proposals will be rated on 

the extent to which the proposal 

demonstrates that: 

a. This project provides new services 

or complements existing service. 

b. TTP funding does not replace 

existing funding. 


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

d. Tribe has demonstrated ability to 

provide other services or manage other 

programs. 

e. Project funds are used in 

coordination with other services for 

efficient utilization of funds. 

C. Proposals for Planning Grants 

For planning grants, the applications 

should describe, in no more than three 

pages, the need for and a general scope 

of the proposed study. 

1. Criteria: Need for Planning Study. 

Based on the information provided, 

proposals will be rated pass/fail based 

on the following: 

a. Is the tribe committed to planning 

for transit? 

b. Is the scope of the proposed study 

for tribal transit? 

D. Review and Selection Process 

Each application will be screened by 

a panel of members including FTA 

Headquarters, and regional staff and 

representatives of the Indian 

Reservation Roads Program. Incomplete 

or non-responsive applications will be 

disqualified. FTA will make an effort to 

award a grant to as many qualified 

applicant as possible. 

XII. Award Administration Information 

FTA will award grants directly to 

federally recognize Indian tribes for the 

projects selected through this 

competition. Following publication of 

the selected recipients, projects, and 

amounts, FTA regional staff will assist 

the successful applicants to prepare an 

electronic application for grant award. 

At that time, the tribe will be required 

to sign the Certification and Assurances 

contained in Appendix B. The Master 

Agreement is available on FTA’s Web 

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

17861_18441_ENG_HTML.htm. 

Applicants that are selected for grant 

awards under the TTP will be required 

to formally designate, by resolution or 

other formal tribal action, an authorized 

representative who will have the 

authority to execute grant agreements on 

behalf of the Indian tribe with FTA and 

who will also have the authority on 

behalf of the Indian tribe to execute 

FTA’s Annual List of Certifications and 

Assurances. 

FTA will notify all applicants, both 

those selected for funding and those not 

selected, when the competitive selection 

process is complete. Projects selected 

for funding will be published in a 

Federal Register notice. 

XIII. Other Information 

A. Technical Assistance 

Technical assistance regarding these 

requirements is available from each FTA 

regional office. The regional offices will 

contact those applicants selected for 

funding regarding procedures for 

making the required certifications and 

assurances to FTA before grants are 

made and will provide assistance in 

preparing the documentation necessary 

for grant award. 

B. Certifications and Assurances 

Applicants that are selected and 

formally notified of FTA’s intention to 

award a grant under the TTP will be 

required to complete and execute FTA’s 

Annual list of Certification and 

Assurances in accordance with the 

procedures described in this Notice of 

Funding Availability. The Annual List 

of Certifications and Assurances is 

attached in Appendix B for 

informational purposes only. 

C. Reporting 

Title 49 U.S.C. 5335 requires 

recipients, including tribes, of Section 

5311 program funds to report data, 

specified in 49 U.S.C. 5311(b)(4) to the 

National Transit Database (NTD). 

Specific procedures and data 

requirements for tribes are being 

developed and will be available on the 

NTD Web site. For technical assistance, 

contact Lauren Tuzikow at 703–462–

5233, e-mail: 

Lauren.tuzikow@TSPUSA.com. For 

NTD program information, contact Gary 

DeLorme at 202–366–1652. Annual 

progress reports and financial status 

reports will be required of all recipients. 

D. Agency Contact(s) 

Contact the appropriate FTA regional 

Tribal Liaison (Appendix A) for 

application specific information and 

issues For general program information, 

contact Lorna R. Wilson, Office of 

Transit Programs, at (202) 366–2053, 

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

available at 1–800–877–8339 (TDD/ 

FIRS). 

Issued in Washington, DC, this 29th day of 

March, 2007. 

James S. Simpson, 

Administrator. 

Appendix A—FTA Regional Offices and 

Tribal Transit Liaisons 

Region I—Massachusetts, Rhode Island, 

Connecticut, New Hampshire, Vermont 

and Maine, Richard H. Doyle, FTA 

Regional Administrator, Volpe National 

Transportation Systems Center, Kendall 

Square 55 Broadway, Suite 920, 

Cambridge, MA 02142–1093, Phone: (617) 

494–2055, Fax: (617) 494–2865, Regional 

Tribal Liaison: Judi Molloy. 

Region II—New York, New Jersey Brigid 

Hynes-Cherin, FTA Regional 

Administrator, One Bowling Green, Room 

429, New York, NY 10004–1415, Phone: 

(212) 668–2170, Fax: (212) 668–2136, 

Regional Tribal Liaison: Rebecca ReyesAlicea. 

Region III—Pennsylvania, Maryland, 

Virginia, West Virginia, Delaware, 

Washington, DC, Herman Shipman, Acting 

FTA Regional Administrator, 1760 Market 

Street, Suite 500, Philadelphia, PA 19103–

4124, Phone: (215) 656–7100, Fax: (215) 

656–7260, 

Region IV—Georgia, North Carolina, South 

Carolina, Florida, Mississippi, Tennessee, 

Kentucky, Alabama, Puerto Rico, Virgin 

Islands, Yvette G. Taylor, FTA Regional 

Administrator, 61 Forsyth Street, S.W., 

Suite 17T50, Atlanta, GA 30303, Phone: 

(404) 562–3500, Fax: (404) 562–3505, 

Regional Tribal Liaisons: Jamie Pfister and 

James Garland. 

Region V—Illinois, Indiana, Ohio, Wisconsin, 

Minnesota, Michigan, Marisol R. Simon, 

FTA Regional Administrator, 200 West 

Adams Street, Suite 320, Chicago, IL 

60606–5232, Phone: (312) 353–2789, Fax: 

(312) 886–0351, Regional Tribal Liaisons: 

William Wheeler. 

Region VI—Texas, New Mexico, Louisiana, 

Arkansas, Oklahoma, Robert Patrick, FTA 

Regional Administrator, 819 Taylor Street, 

Room 8A36, Ft. Worth, TX 76102, Phone: 

(817) 978–0550, Fax: (817) 978–0575, 

Regional Tribal Liaison: Lynn Hayes. 

Region VII—Iowa, Nebraska, Kansas, 

Missouri, Mokhtee Ahmad, FTA Regional 

Administrator, 901 Locust Street, Suite 

404, Kansas City, MO 64106, Phone: (816) 

329–3920, Fax: (816) 329–3921, Regional 

Tribal Liaisons: Joni Roeseler and Cathy 

Monroe. 

Region VIII—Colorado, North Dakota, South 

Dakota, Montana, Wyoming, Utah, Letitia 

A. Thompson, Acting FTA Regional 

Administrator, 12300 West Dakota Avenue, 

Suite 310, Lakewood, CO 80228–2583, 

Phone: (720) 963–3300, Fax: (720) 963–

3333, Regional Tribal Liaisons: Jennifer 

Stewart and David Beckhouse. 

Region IX—California, Arizona, Nevada, 

Hawaii, American Samoa, Guam, Leslie 

Rogers, FTA Regional Administrator, 201 

Mission Street, Suite 1650, San Francisco, 

CA 94105–1831, Phone: (415) 744–3133, 

Fax: (415) 744–2726, Regional Tribal 

Liaison: Donna Turchie. 

Region X—Washington, Oregon, Idaho, 

Alaska, Richard Krochalis, FTA Regional 

Administrator, Jackson Federal Building, 

915 Second Avenue, Suite 3142, Seattle, 

WA 98174–1002, Phone: (206) 220–7954, 

Fax: (206) 220–7959, Regional Tribal 

Liaisons: Bill Ramos and Annette Clothier. 

Appendix B—Certifications and 

Assurances 

Federal Fiscal Year 2007 Certifications and 

Assurances for the Federal Transit 

Administration Tribal Transit Program 

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

following certifications and assurances have 

been compiled for the Federal Transit 


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Administration (FTA) Public Transportation 

on Indian Reservation Program (Tribal 

Transit Program) authorized by 49 U.S.C. 

5311(c)(1). 

The Applicant understands and agrees that 

these certifications and assurances are preaward requirements and do not encompass 

all statutory and regulatory requirements that 

may apply to the Applicant or its Project. A 

comprehensive list of those requirements 

will be contained in the Grant Agreement 

including the Master Agreement 

accompanying an award under the Tribal 

Transit Program (TTP). 

FTA and the Applicant also understand 

and agree that not every certification and 

assurance will apply to every Project for 

which FTA provides Federal financial 

assistance through the TTP. The type of 

Project will determine which requirements 

apply. For example FTA believes that the 

following requirements within the listed 

certifications and assurances will have 

limited, if any, impact: 

1. Many provisions required by the Office 

of Management and Budget (OMB) set forth 

in Certification F involve requirements that 

in most cases will not be invoked, such as: 

a. Title III of the Uniform Relocation and 

Real Property Acquisition Policies Act, as 

amended, and implementing U.S. 

Department Of Transportation (U.S. DOT) 

regulations will apply only when the 

Applicant acquires real property with FTA 

assistance. 

b. Title II of the Uniform Relocation and 

Real Property Acquisition Policies Act, as 

amended, and implementing U.S. DOT 

regulations will apply only when the 

Applicant’s project requires relocation of a 

person or business; and the Lead-Based Paint 

Poisoning Prevention Act is invoked only in 

connection with residential construction, not 

likely to take place under the TTP. 

c. The Flood Disaster Protection Act 

applies to projects in flood hazard areas. 

d. Only for construction projects will the 

Davis-Bacon Act, Seismic Safety regulations, 

and OMB engineering supervision 

requirements apply. 

e. Many environmental protection 

requirements are limited to the specific 

problem addressed by the statute. If, for 

example, the project will not affect 

endangered species, the requirements of the 

Endangered Species Act will not be invoked. 

2. With respect to Certification H, ‘‘Bus 

Testing,’’ only if the Applicant acquires the 

first bus of a new bus model or the first bus 

of a new major configuration of a new bus 

will FTA’s Bus Testing requirements be 

invoked. 

Except to the extent that FTA determines 

otherwise in writing, each Applicant for TTP 

assistance, however, must provide all 

certifications and assurance set forth below. 

FTA may not award any Federal assistance 

under the TTP until the Applicant provides 

these certifications and assurances. 

A. Assurance of Authority of the Applicant 

and Its Representative 

The authorized representative of the 

Applicant and the attorney who sign these 

certifications, assurances, and agreements 

affirm that both the Applicant and its 

authorized representative have adequate 

authority under Federal and Indian tribal 

law, regulations, or by-laws to: 

(1) Execute and file the application for 

Federal assistance on behalf of the Applicant; 

(2) Execute and file the required 

certifications, assurances, and agreements on 

behalf of the Applicant binding the 

Applicant; and 

(3) Execute grant agreements with FTA on 

behalf of the Applicant. 

B. Standard Assurances 

The Applicant assures that it will comply 

with all applicable Federal statutes and 

regulations in carrying out any project 

supported by an FTA grant. The Applicant 

agrees that it is under a continuing obligation 

to comply with the terms and conditions of 

the Grant Agreement issued for its project 

with FTA. The Applicant recognizes that 

Federal laws and regulations may be 

modified from time to time and those 

modifications may affect project 

implementation. The Applicant understands 

that Presidential executive orders and 

Federal directives, including Federal policies 

and program guidance may be issued 

concerning matters affecting the Applicant or 

its project. The Applicant agrees that the 

most recent Federal laws, regulations, and 

directives will apply to the project, unless 

FTA issues a written determination 

otherwise. 

C. Applicant’s Capacity to Comply With 

Relevant Section 5311 Requirements 

The Applicant assures that: 

(1) It has or will have the necessary legal, 

financial, and managerial capability to apply 

for, receive, and disburse Federal assistance 

authorized for 49 U.S.C. 5311; and to carry 

out each project, including the safety and 

security aspects of that project; 

(2) It has or will have satisfactory 

continuing control over the use of project 

equipment and facilities; 

(3) The project equipment and facilities 

will be adequately maintained; and 

(4) Its project will achieve maximum 

feasible coordination with transportation 

service assisted by other Federal sources. 

D. Nondiscrimination Assurance 

As required by Title VI of the Civil Rights 

Act of 1964, as amended, 42 U.S.C. 2000d, 

and by U.S. DOT regulations, 

‘‘Nondiscrimination in Federally-Assisted 

Programs of the Department of 

Transportation—Effectuation of Title VI of 

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

the Applicant assures that it will comply 

with all requirements imposed by or issued 

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

21, so that no person in the United States, on 

the basis of race, color, or national origin, 

will be excluded from participation in, be 

denied the benefits of, or otherwise be 

subjected to discrimination in any program 

or activity (particularly in the level and 

quality of transportation services and 

transportation-related benefits) for which the 

Applicant receives Federal assistance 

awarded by the U.S. DOT or FTA. 

Specifically, during the period in which 

Federal assistance is extended to the project, 

or project property is used for a purpose for 

which the Federal assistance is extended or 

for another purpose involving the provision 

of similar services or benefits, or as long as 

the Applicant retains ownership or 

possession of the project property, whichever 

is longer, the Applicant assures that: 

(1) Each project will be conducted, 

property acquisitions will be undertaken, and 

project facilities will be operated in 

accordance with all applicable requirements 

imposed by or issued pursuant to 42 U.S.C. 

2000d, and 49 CFR part 21, and understands 

that this assurance extends to its entire 

facility and to facilities operated in 

connection with the project. 

(2) It will promptly take the necessary 

actions to effectuate this assurance, including 

notifying the public that complaints of 

discrimination in the provision of 

transportation-related services or benefits 

may be filed with U.S. DOT or FTA. Upon 

request by U.S. DOT or FTA, the Applicant 

assures that it will submit the required 

information pertaining to its compliance with 

these provisions. 

(3) It will include in each subagreement, 

property transfer agreement, third party 

contract, third party subcontract, or 

participation agreement adequate provisions 

to extend the requirements imposed by or 

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

CFR part 21 to other parties involved therein 

including any subrecipient, transferee, third 

party contractor, third party subcontractor at 

any level, successor in interest, or any other 

participant in the project. 

(4) Should it transfer real property, 

structures, or improvements financed with 

Federal assistance provided by FTA to 

another party, any deeds and instruments 

recording the transfer of that property shall 

contain a covenant running with the land 

assuring nondiscrimination for the period 

during which the property is used for a 

purpose for which the Federal assistance is 

extended or for another purpose involving 

the provision of similar services or benefits. 

(5) The United States has a right to seek 

judicial enforcement with regard to any 

matter arising under the Act, regulations, and 

this assurance. 

(6) It will make any changes in its Title VI 

implementing procedures as U.S. DOT or 

FTA may request to achieve compliance with 

the requirements imposed by or issued 

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

21. 

E. Assurance of Nondiscrimination on the 

Basis of Disability 

As required by U.S. DOT regulations, 

‘‘Nondiscrimination on the Basis of Handicap 

in Programs and Activities Receiving or 

Benefiting from Federal Financial 

Assistance,’’ at 49 CFR 27.9, the Applicant 

assures that, as a condition to the approval 

or extension of any Federal assistance 

awarded by FTA to construct any facility, 

obtain any rolling stock or other equipment, 

undertake studies, conduct research, or to 

participate in or obtain any benefit from any 

program administered by FTA, no otherwise 

qualified person with a disability shall be, 

solely by reason of that disability, excluded 

from participation in, denied the benefits of, 

or otherwise subjected to discrimination in 


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any program or activity receiving or 

benefiting from Federal assistance 

administered by the FTA or any entity within 

U.S. DOT. The Applicant assures that project 

implementation and operations so assisted 

will comply with all applicable requirements 

of U.S. DOT regulations implementing the 

Rehabilitation Act of 1973, as amended, 29 

U.S.C. 794, et seq., and the Americans with 

Disabilities Act of 1990, as amended, 42 

U.S.C. 12101 et seq., and implementing U.S. 

DOT regulations at 49 CFR parts 27, 37, and 

38, and any other applicable Federal laws 

that may be enacted or Federal regulations 

that may be promulgated. 

F. U.S. Office of Management and Budget 

(OMB) Assurances 

Consistent with OMB assurances set forth 

in SF–424B and SF–424D, the Applicant 

assures that, with respect to itself and its 

project, the Applicant: 

(1) Has the legal authority to apply for 

Federal assistance and the institutional, 

managerial, and financial capability to ensure 

proper planning, management, and 

completion of the project described in its 

application; 

(2) Will give FTA, the Comptroller General 

of the United States, and, if appropriate, the 

state, through any authorized representative, 

access to and the right to examine all records, 

books, papers, or documents related to the 

award; and will establish a proper accounting 

system in accordance with generally 

accepted accounting standards or agency 

directives; 

(3) Will establish safeguards to prohibit 

employees from using their positions for a 

purpose that constitutes or presents the 

appearance of personal or organizational 

conflict of interest or personal gain; 

(4) Will initiate and complete the work 

within the applicable project time periods 

following receipt of FTA approval; 

(5) Will comply with all applicable Federal 

statutes relating to nondiscrimination 

including, but not limited to: 

(a) Title VI of the Civil Rights Act, 42 

U.S.C. 2000d, which prohibits discrimination 

on the basis of race, color, or national origin; 

(b) Title IX of the Education Amendments 

of 1972, as amended, 20 U.S.C. 1681 through 

1683, and 1685 through 1687, and U.S. DOT 

regulations, ‘‘Nondiscrimination on the Basis 

of Sex in Education Programs or Activities 

Receiving Federal Financial Assistance,’’ 49 

CFR part 25, which prohibit discrimination 

on the basis of sex; 

(c) Section 504 of the Rehabilitation Act of 

1973, as amended, 29 U.S.C. 794 et seq., 

which prohibits discrimination on the basis 

of disability; 

(d) The Age Discrimination Act of 1975, as 

amended, 42 U.S.C. 6101 through 6107, 

which prohibits discrimination on the basis 

of age; 

(e) The Drug Abuse Office and Treatment 

Act of 1972, Pub. L. 92–255, March 21, 1972, 

and amendments thereto, 21 U.S.C. 1174 et 

seq. relating to nondiscrimination on the 

basis of drug abuse; 

(f) The Comprehensive Alcohol Abuse and 

Alcoholism Prevention Act of 1970, Pub. L. 

91–616, Dec. 31, 1970, and amendments 

thereto, 42 U.S.C. 4581 et seq. relating to 

nondiscrimination on the basis of alcohol 

abuse or alcoholism; 

(g) The Public Health Service Act of 1912, 

as amended, 42 U.S.C. 290dd–3 and 290ee–

3, related to confidentiality of alcohol and 

drug abuse patient records; 

(h) Title VIII of the Civil Rights Act, 42 

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

nondiscrimination in the sale, rental, or 

financing of housing; and 

(i) Any other nondiscrimination statute(s) 

that may apply to the project; 

(6) To the extent applicable, will comply 

with, or has complied with, the requirements 

of Titles II and III of the Uniform Relocation 

Assistance and Real Property Acquisition 

Policies Act of 1970, as amended, (Uniform 

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

which, among other things, provide for fair 

and equitable treatment of persons displaced 

or persons whose property is acquired as a 

result of Federal or federally assisted 

programs. These requirements apply to all 

interests in real property acquired for project 

purposes and displacement caused by the 

project regardless of Federal participation in 

any purchase. As required by sections 210 

and 305 of the Uniform Relocation Act, 42 

U.S.C. 4630 and 4655, and by U.S. DOT 

regulations, ‘‘Uniform Relocation Assistance 

and Real Property Acquisition for Federal 

and Federally Assisted Programs,’’ 49 CFR 

24.4, the Applicant assures that it has the 

requisite authority under its applicable tribal 

government law to comply with the 

requirements of the Uniform Relocation Act, 

42 U.S.C. 4601 et seq., and U.S. DOT 

regulations, ‘‘Uniform Relocation Assistance 

and Real Property Acquisition for Federal 

and Federally Assisted Programs,’’ 49 CFR 

part 24, and will comply with that Act or has 

complied with that Act and those 

implementing regulations, including but not 

limited to the following: 

(a) The Applicant will adequately inform 

each affected person of the benefits, policies, 

and procedures provided for in 49 CFR part 

24; 

(b) The Applicant will provide fair and 

reasonable relocation payments and 

assistance as required by 42 U.S.C. 4622, 

4623, and 4624; 49 CFR part 24; and any 

applicable FTA procedures, to or for families, 

individuals, partnerships, corporations, or 

associations displaced as a result of any 

project financed with FTA assistance; 

(c) The Applicant will provide relocation 

assistance programs offering the services 

described in 42 U.S.C. 4625 to such 

displaced families, individuals, partnerships, 

corporations, or associations in the manner 

provided in 49 CFR part 24; 

(d) Within a reasonable time before 

displacement, the Applicant will make 

available comparable replacement dwellings 

to displaced families and individuals as 

required by 42 U.S.C. 4625(c)(3); 

(e) The Applicant will carry out the 

relocation process in such manner as to 

provide displaced persons with uniform and 

consistent services, and will make available 

replacement housing in the same range of 

choices with respect to such housing to all 

displaced persons regardless of race, color, 

religion, or national origin; 

(f) In acquiring real property, the Applicant 

will be guided to the greatest extent 

practicable under state law, by the real 

property acquisition policies of 42 U.S.C. 

4651 and 4652; 

(g) The Applicant will pay or reimburse 

property owners for necessary expenses as 

specified in 42 U.S.C. 4653 and 4654, with 

the understanding that FTA will provide 

Federal financial assistance for the 

Applicant’s eligible costs of providing 

payments for those expenses, as required by 

42 U.S.C. 4631; 

(h) The Applicant will execute such 

amendments to third party contracts and 

subagreements financed with FTA assistance 

and execute, furnish, and be bound by such 

additional documents as FTA may determine 

necessary to effectuate or implement the 

assurances provided herein; and 

(i) The Applicant agrees to make these 

assurances part of or incorporate them by 

reference into any third party contract or 

subagreement, or any amendments thereto, 

relating to any project financed by FTA 

involving relocation or land acquisition and 

provide in any affected document that these 

relocation and land acquisition provisions 

shall supersede any conflicting provisions; 

(7) To the extent applicable, will comply 

with the Davis-Bacon Act, as amended, 40 

U.S.C. 3141 et seq., the Copeland ‘‘AntiKickback’’ Act, as amended, 18 U.S.C. 874, 

and the Contract Work Hours and Safety 

Standards Act, as amended, 40 U.S.C. 3701 

et seq., regarding labor standards for federally 

assisted projects; 

(8) To the extent applicable, will comply 

with the flood insurance purchase 

requirements of section 102(a) of the Flood 

Disaster Protection Act of 1973, as amended, 

42 U.S.C. 4012a(a), requiring the Applicant 

and its subrecipients in a special flood 

hazard area to participate in the program and 

purchase flood insurance if the total cost of 

insurable construction and acquisition is 

$10,000 or more; 

(9) To the extent applicable, will comply 

with the Lead-Based Paint Poisoning 

Prevention Act, 42 U.S.C. 4831(b), which 

prohibits the use of lead-based paint in the 

construction or rehabilitation of residence 

structures; 

(10) To the extent applicable, will not 

dispose of, modify the use of, or change the 

terms of the real property title or other 

interest in the site and facilities on which a 

construction project supported with FTA 

assistance takes place without permission 

and instructions from FTA; 

(11) To the extent required by FTA, will 

record the Federal interest in the title of real 

property, and will include a covenant in the 

title of real property acquired in whole or in 

part with Federal assistance funds to assure 

nondiscrimination during the useful life of 

the project; 

(12) To the extent applicable, will comply 

with FTA provisions concerning the drafting, 

review, and approval of construction plans 

and specifications of any construction project 

supported with FTA assistance. As required 

by U.S. DOT regulations, ‘‘Seismic Safety,’’

49 CFR 41.117(d), before accepting delivery 

of any building financed with FTA 

assistance, it will obtain a certificate of 

compliance with the seismic design and 

construction requirements of 49 CFR part 41; 


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(13) To the extent applicable, will provide 

and maintain competent and adequate 

engineering supervision at the construction 

site of any project supported with FTA 

assistance to ensure that the complete work 

conforms with the approved plans and 

specifications, and will furnish progress 

reports and such other information as may be 

required by FTA or the state; 

(14) To the extent applicable, will comply 

with any applicable environmental standards 

that may be prescribed to implement the 

following Federal laws and executive orders: 

(a) Institution of environmental quality 

control measures under the National 

Environmental Policy Act of 1969, as 

amended, 42 U.S.C. 4321 through 4335 and 

Executive Order No. 11514, as amended, 42 

U.S.C. 4321 note; 

(b) Notification of violating facilities 

pursuant to Executive Order No. 11738, 42 

U.S.C. 7606 note; 

(c) Protection of wetlands pursuant to 

Executive Order No. 11990, 42 U.S.C. 4321 

note; 

(d) Evaluation of flood hazards in 

floodplains in accordance with Executive 

Order No. 11988, 42 U.S.C. 4321 note; 

(e) Assurance of project consistency with 

the approved state management program 

developed pursuant to the requirements of 

the Coastal Zone Management Act of 1972, as 

amended, 16 U.S.C. 1451 through 1465; 

(f) Conformity of Federal actions to State 

(Clean Air) Implementation Plans under 

section 176(c) of the Clean Air Act of 1955, 

as amended, 42 U.S.C. 7401 through 7671q; 

(g) Protection of underground sources of 

drinking water under the Safe Drinking 

Water Act of 1974, as amended, 42 U.S.C. 

300f through 300j–6; 

(h) Protection of endangered species under 

the Endangered Species Act of 1973, as 

amended, 16 U.S.C. 1531 through 1544; and 

(i) Environmental protections for Federal 

transportation programs, including, but not 

limited to, protections for parks, recreation 

areas, or wildlife or waterfowl refuges of 

national, state, local, or tribal government 

significance or any land from a historic site 

of national, state, local, or tribal government 

significance to be used in a transportation 

project as required by 49 U.S.C. 303(b) and 

303(c); 

(j) Protection of the components of the 

national wild and scenic rivers systems, as 

required under the Wild and Scenic Rivers 

Act of 1968, as amended, 16 U.S.C. 1271 

through 1287; and 

(k) Provision of assistance to FTA in 

complying with section 106 of the National 

Historic Preservation Act of 1966, as 

amended, 16 U.S.C. 470f; with the 

Archaeological and Historic Preservation Act 

of 1974, as amended, 16 U.S.C. 469 through 

469c; and with Executive Order No. 11593 

(identification and protection of historic 

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

(15) Because a tribal government is not 

covered by the Hatch Act, the Applicant is 

not required to comply with the requirements 

of the Hatch Act, 5 U.S.C. 1501 through 1508 

and 7324 through 7326, which limit the 

political activities of state and local agencies 

and their officers and employees whose 

primary employment activities are financed 

in whole or part with Federal funds 

including a Federal grant agreement except, 

in accordance with 49 U.S.C. 5307(k)(2) and 

23 U.S.C. 142(g), the Hatch Act does not 

apply to a nonsupervisory employee of a 

public transportation system (or of any other 

agency or entity performing related 

functions) receiving FTA assistance to whom 

that Act does not otherwise apply; 

(16) To the extent applicable, will comply 

with the National Research Act, Pub. L. 93–

348, July 12, 1974, as amended, 42 U.S.C. 289 

et seq., and U.S. DOT regulations, 

‘‘Protection of Human Subjects,’’ 49 CFR part 

11, regarding the protection of human 

subjects involved in research, development, 

and related activities supported by Federal 

assistance; 

(17) To the extent applicable, will comply 

with the Laboratory Animal Welfare Act of 

1966, as amended, 7 U.S.C. 2131 et seq., and 

U.S. Department of Agriculture regulations, 

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

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

and treatment of warm blooded animals held 

or used for research, teaching, or other 

activities supported by Federal assistance; 

(18) Will have performed the financial and 

compliance audits as required by the Single 

Audit Act Amendments of 1996, 31 U.S.C. 

7501 et seq., OMB Circular A–133, ‘‘Audits 

of States, Local Governments, and Non-Profit 

Organizations,’’ Revised, and the most recent 

applicable OMB A–133 Compliance 

Supplement provisions for the U.S. DOT; and 

(19) To the extent applicable, will comply 

with all applicable provisions of all other 

Federal laws, regulations, and directives 

governing the project, except to the extent 

that FTA has expressly approved otherwise 

in writing. 

G. Procurement Compliance 

In accordance with 49 CFR 18.36(g)(3)(ii), 

the Applicant certifies that its procurement 

system will comply with the requirements of 

49 CFR 18.36, or will inform FTA promptly 

that its procurement system does not comply 

with 49 CFR 18.36. 

H. Bus Testing 

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

regulations, ‘‘Bus Testing,’’ at 49 CFR 665.7, 

the Applicant certifies that, before expending 

any Federal assistance to acquire the first bus 

of any new bus model or any bus model with 

a new major change in configuration or 

components, or before authorizing final 

acceptance of that bus (as described in 49 

CFR part 665), the bus model: 

A. Will have been tested at FTA’s bus 

testing facility; and 

B. Will have received a copy of the test 

report prepared on the bus model. 

I. Charter Service Agreement 

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

(g) and FTA regulations, ‘‘Charter Service,’’ at 

49 CFR 604.7, the Applicant agrees that it 

and each subrecipient and third party 

contractor at any tier will: 

(a) Provide charter service that uses 

equipment or facilities acquired with Federal 

assistance authorized under 49 U.S.C. 

chapter 53 (except 49 U.S.C. 5310 or 5317), 

or under 23 U.S.C. 133 or 142 for 

transportation projects, only to the extent 

that there are no private charter service 

operators willing and able to provide the 

charter service that it or its subrecipients or 

third party contractors at any tier desire to 

provide, unless one or more of the exceptions 

in 49 CFR 604.9 applies; and 

(b) Comply with the requirements of 49 

CFR part 604 before providing any charter 

service using equipment or facilities acquired 

with Federal assistance authorized under 49 

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

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

transportation projects. 

(2) The Applicant understands that: 

(a) The requirements of 49 CFR part 604 

will apply to any charter service it or its 

subrecipients or third party contractors 

provide, 

(b) The definitions of 49 CFR part 604 will 

apply to this Charter Service Agreement, and 

(c) A violation of this Charter Service 

Agreement may require corrective measures 

and imposition of penalties, including 

debarment from the receipt of further Federal 

assistance for transportation. 

J. School Transportation Agreement 

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

and FTA regulations at 49 CFR 605.14, the 

Applicant agrees that it and each 

subrecipient or third party contractor at any 

tier will: 

(a) Engage in school transportation 

operations in competition with private 

school transportation operators only to the 

extent permitted by 49 U.S.C. 5323(f) and (g), 

and Federal regulations; and 

(b) Comply with the requirements of 49 

CFR part 605 before providing any school 

transportation using equipment or facilities 

acquired with Federal assistance authorized 

under 49 U.S.C. chapter 53 or under 23 

U.S.C. 133 or 142 for transportation projects. 

(2) The Applicant understands that: 

(a) The requirements of 49 CFR part 605 

will apply to any school transportation 

service it or its subrecipients or third party 

contractors provide, 

(b) The definitions of 49 CFR part 605 will 

apply to this School Transportation 

Agreement, and 

(c) A violation of this School 

Transportation Agreement may require 

corrective measures and imposition of 

penalties, including debarment from the 

receipt of further Federal assistance for 

transportation. 

K. Demand Responsive Service 

As required by U.S. DOT regulations, 

‘‘Transportation Services for Individuals with 

Disabilities (ADA),’’ at 49 CFR 37.77(d), the 

Applicant certifies that its demand 

responsive service offered to individuals 

with disabilities, including individuals who 

use wheelchairs, is equivalent to the level 

and quality of service offered to individuals 

without disabilities. When the Applicant’s 

service is viewed in its entirety, the 

Applicant’s service for individuals with 

disabilities is provided in the most integrated 

setting feasible and is equivalent with respect 

to: (1) Response time, (2) fares, (3) geographic 

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

restrictions on trip purpose, (6) availability of 

information and reservation capability, and 


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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Notices 16405 

(7) constraints on capacity or service 

availability. 

L. Alcohol Misuse and Prohibited Drug Use 

As required by FTA regulations, 

‘‘Prevention of Alcohol Misuse and 

Prohibited Drug Use in Transit Operations,’’

at 49 CFR part 655, subpart I, the Applicant 

certifies that it has established and 

implemented an alcohol misuse and antidrug program, and has complied with or will 

comply with all applicable requirements of 

FTA regulations, ‘‘Prevention of Alcohol 

Misuse and Prohibited Drug Use in Transit 

Operations,’’ 49 CFR part 655. 

M. National Intelligent Transportation 

Systems Architecture and Standards 

An Applicant for FTA assistance for an 

Intelligent Transportation Systems (ITS) 

project, defined as any project that in whole 

or in part finances the acquisition of 

technologies or systems of technologies that 

provide or significantly contribute to the 

provision of one or more ITS user services as 

defined in the National ITS Architecture, will 

use its best efforts to ensure that any 

Intelligent Transportation System solutions 

used in its Project do not preclude interface 

with other Intelligent Transportation Systems 

in the Region. (See, FTA Federal Register 

notice dated, January 8, 2001 ‘‘FTA National 

ITS Architecture Policy on Transit Projects’’

(66 FR 1455, and other FTA Program 

Guidance that may be issued.) 

Federal Fiscal Year 2006 Certifications and 

Assurances for the Tribal Transit Program 

Signature Pages (Required of All Applicants 

for FTA Assistance for the Tribal Transit 

Program) 

Affirmation of Applicant 

Name of Applicant: 

lllllllllllllllllllll

Name and Relationship of Authorized 

Representative: 

lllllllllllllllllllll

BY SIGNING BELOW, on behalf of the 

Applicant, I declare that the Applicant has 

duly authorized me to make these 

certifications and assurances and bind the 

Applicant’s compliance. Thus, the Applicant 

agrees to comply with all Federal statutes, 

regulations, executive orders, and Federal 

requirements applicable to each application 

for Tribal Transit Program assistance 

authorized by 49 U.S.C. 5311(c)(1) it makes 

to the Federal Transit Administration (FTA) 

in Federal Fiscal Year 2007. 

The Applicant affirms the truthfulness and 

accuracy of the certifications and assurances 

it has made in the statements submitted 

herein with this document and any other 

submission made to FTA, and acknowledges 

that the provisions of the Program Fraud 

Civil Remedies Act of 1986, 31 U.S.C. 3801 

et seq., as implemented by U.S. DOT 

regulations, ‘‘Program Fraud Civil 

Remedies,’’ 49 CFR part 31 apply to any 

certification, assurance or submission made 

to FTA. The criminal fraud provisions of 18 

U.S.C. 1001 apply to any certification, 

assurance, or submission made in connection 

with the Tribal Transit Program and may 

apply to any other certification, assurance, or 

submission made in connection with any 

other program administered by FTA. 

In signing this document, I declare under 

penalties of perjury that the foregoing 

certifications and assurances, and any other 

statements made by me on behalf of the 

Applicant are true and correct. 

Signature: llllllllllllllll

Date: llllllllllllllllll

Name: lllllllllllllllll

Authorized Representative of Applicant 

Affirmation of Applicant’s Attorney 

For (Name of Applicant): 

lllllllllllllllllllll

As the undersigned Attorney for the above 

named Applicant, I hereby affirm to the 

Applicant that it has authority under its 

tribal government law to make and comply 

with the certifications and assurances as 

indicated on the foregoing pages. I further 

affirm that, in my opinion, the certifications 

and assurances have been legally made and 

constitute legal and binding obligations on 

the Applicant. 

I further affirm to the Applicant that, to the 

best of my knowledge, there is no legislation 

or litigation pending or imminent that might 

adversely affect the validity of these 

certifications and assurances, or of the 

performance of the project. 

Signature: llllllllllllllll

Date: llllllllllllllllll

Name: lllllllllllllllll

Attorney for Applicant 

[Each Applicant for FTA Tribal Transit 

Program assistance must provide an 

Affirmation of Applicant’s Attorney 

pertaining to the Applicant’s legal capacity. 

The Applicant may enter its signature in lieu 

of the Attorney’s signature, provided the 

Applicant has on file this Affirmation, signed 

by the attorney and dated this Federal fiscal 

year, and the Attorney’s Affirmation has been 

entered into the TEAM-Web system as an 

attachment.] 

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: http://www.ewu.edu/TTAP. 

TTAP—California 

TTAP—California-Nevada, The National 

Center for American Indian Enterprise 

Development 11138 Valley Mall, Suite 200, 

El Monte, CA 91731, Contact: Lee 

Bigwater, Telephone: (626) 350–4446, Fax: 

(626) 442-7115. 

TTAP—Colorado 

Tribal Technical Assistance Program at 

Colorado State University, Rockwell Hall, 

Rm. 321, Colorado State University, Fort 

Collins, CO 80523–1276, Contact: Ronald 

Hall, Telephone: (800) 262–7623, Fax: 

(970) 491–3502, E-mail: 

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, E-mail: 

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: http:// 

www.ewu.edu/TTAP. 

TTAP—Oklahoma 

Tribal Technical Assistance Program at 

Oklahoma State University, Oklahoma 

State University, 5202 N. Richmond Hills 

Road, Stillwater, OK 74078–0001, Contact: 

James Self, Telephone: (405) 744–6049, 

Fax: (405) 744–7268, E-mail: 

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. E7–6199 Filed 4–3–07; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Public Transportation on Indian 

Reservations Program; Tribal Transit 

Program 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Award. 

SUMMARY: The Federal Transit 

Administration (FTA) announces the 

selection of projects to be funded under 

Fiscal Year (FY) 2006 appropriations for 

the Tribal Transit Program (TTP), a 

program authorized by the Safe, 

Accountable, Flexible, and Efficient 


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