[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Pages 12214-12223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6271]



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Part IV





Department of Transportation





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Federal Transit Administration



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Public Transportation on Indian Reservations Program; Tribal Transit 
Program Under the American Recovery and Reinvestment Act of 2009; 
Notice

Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / 
Notices

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Public Transportation on Indian Reservations Program; Tribal 
Transit Program Under the American Recovery and Reinvestment Act of 
2009

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Funding Availability: Solicitation of Grant 
Applications for ARRA Tribal Transit Program Funds.

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SUMMARY: This notice announces the availability of $17 million in 
funding provided by the American Recovery and Reinvestment Act (ARRA) 
for the Public Transportation on Indian Reservations Program (Tribal 
Transit Program (TTP)), a program authorized by the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU), Section 3013 (c). This notice is a national solicitation 
for grant applicants to be selected on a competitive basis, and 
includes grant terms, conditions, and reporting requirements; 
application procedures; and the criteria that FTA will utilize to 
select ARRA TTP projects. ARRA TTP funding may be used only for capital 
expenditures. FTA will announce the availability of, and competition 
for, the FY 2009 (annual) TTP in a separate notice.

DATES: Applicants must submit completed applications by May 22, 2009. 
FTA will announce grant awards 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.

ADDRESSES: FTA has posted a synopsis of this announcement on the 
government-wide electronic grants Web site at: http://www.grants.gov. 
Applicants may submit applications by either delivering five hard 
copies to FTA, 1200 New Jersey Avenue, SE., Washington, DC 20590, Attn: 
Lorna R. Wilson, or by sending via e-mail to <a href="/cdn-cgi/l/email-protection#99ffedf8b7edebf0fbf8f5e9ebf6feebf8f4d9fdf6edb7fef6ef"><span class="__cf_email__" data-cfemail="d3b5a7b2fda7a1bab1b2bfa3a1bcb4a1b2be93b7bca7fdb4bca5">[email protected]</span></a>. 
FTA will not accept applications via facsimile. The APPLY functionality 
in Grants.Gov is not available for this announcement or other ARRA 
opportunities.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Tribal Liaison (Appendix B) for application-specific information. For 
general program information, contact Lorna R. Wilson, Office of Transit 
Programs, at (202) 366-2053, e-mail: <a href="/cdn-cgi/l/email-protection#ca86a5b8a4abe49da3a6b9a5a48aaea5bee4ada5bc"><span class="__cf_email__" data-cfemail="f4b89b869a95daa39d98879b9ab4909b80da939b82">[email protected]</span></a>. A TDD is 
available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview of This Notice
II. Eligibility Information
    A. Eligible Applicants
    B. Eligible Projects
III. Local Match
IV. Terms and Conditions
    A. General Grant Requirements
    B. ARRA-Specific Grant Requirements
V. Reporting Requirements and Certifications Applicable to 
Recipients of ARRA Funds
    A. Section 1511: Certifications
    B. Section 1512: Reports on Use of Funds
    C. Section 1512(h): Registration
    D. Section 1201(a): Maintenance of Effort
    E. Section 1201(c)(2): Periodic Reports
    F. Section 1607
    G. Section 1609
    H. Other Reporting
VI. Application Content
    A. Applicant Information
    B. Technical, Legal, and Financial Capacity to Implement the 
Proposed Project
    C. Project Information
    D. Application Evaluation Criteria
    E. Intergovernmental Review
    F. Funding Restrictions
VII. How Proposals Will Be Evaluated
    A. Competitive Selection Process
    B. Evaluation Criteria
    C. Continuation Projects
    D. Review and Selection Process
VIII. Award Administration Information
IX. Technical Assistance
Appendices
    Appendix A: Certifications and Assurances
    Appendix B: FTA Regional Offices and Tribal Liaisons
    Appendix C: Technical Assistance Contacts

I. Overview of This Notice

    The ``American Recovery and Reinvestment Act, 2009'' (Pub. L. 111-5 
or ``ARRA''), signed into law by President Barack Obama on February 17, 
2009, provides appropriations and tax law changes totaling 
approximately $787 billion to support multi-pronged efforts to 
stimulate the economy. Appropriations in ARRA include $8.4 billion to 
preserve and create jobs and promote economic recovery through 
investment in public transportation.
    Formula transit programs provided in ARRA were the subject of FTA's 
March 5, 2009, Federal Register notice. The March 5 notice further 
provided an overview of the ARRA's transit provisions and established 
the principles, policies, and procedures that would apply to all ARRA 
formula transit programs. Readers interested in how FTA intends to 
implement ARRA's formula transit program resources should refer to the 
March 5 notice for more information.
    ARRA's Transit Capital Assistance program authorizes $6.9 billion 
in funding for capital expenses as defined by 49 U.S.C. 5302(a)(1). 
Most of this funding is appropriated by formula, and was apportioned by 
the March 5 notice. Ten percent of funding under the program was 
apportioned for grants under 49 U.S.C. section 5311 (Nonurbanized Area 
Formula Program). Of this amount, 2.5 percent has been set-aside for 
discretionary allocation through FTA's Public Transportation on Indian 
Reservations program (Tribal Transit program (TTP)), as established by 
Section 3013(c) of SAFETEA-LU. SAFETEA-LU's TTP authorizes direct 
grants ``under such terms and conditions as may be established by the 
Secretary'' to Indian tribes for any purpose eligible under FTA's 
Nonurbanized Area Formula Program, 49 U.S.C. 5311 (Section 5311 
program). However, ARRA specifies that funds it appropriates are to be 
used only for capital expenditures. This means that only items defined 
as capital under 49 U.S.C. Chapter 53 are eligible activities under the 
ARRA TTP program.
    The ARRA TTP program provides $17 million in capital funding 
intended to preserve or create jobs, contribute to cleaning our 
environment through green purchases, retrofitting existing facilities, 
making public transportation opportunities available to more people, 
and helping ease local fiscal problems.
    This notice presents the eligibility, project selection process, 
and grant application process for TTP funds made available by the ARRA. 
Additional information on program grant and ARRA's unique--and 
extensive--reporting requirements will be made available in the notice 
of selection.

II. Eligibility Information

A. Eligible Applicants

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

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B. Eligible Projects

    Eligible recipients may use ARRA TTP funds for any capital expense 
as defined by 49 U.S.C. 5302(a)(1). Eligible capital projects include 
but are not limited to: Preventive maintenance; acquiring, 
constructing, supervising, or inspecting equipment or a facility for 
use in public transportation (including engineering, designing, 
location surveying, mapping, and acquiring right-of-way) transit-
related ITS; rehabilitating buses; remanufacturing a bus; overhauling 
rail rolling stock; leasing a facility or equipment for use in public 
transportation where more cost-effective than purchase or construction; 
public transportation improvement that enhances economic development or 
incorporates private investment, including commercial and residential 
development, pedestrian and bicycle access to public transportation 
facilities, construction or renovation of intercity bus and rail 
stations and terminals, renovation and improvements of historic 
transportation facilities, where the improvement enhances the 
effectiveness of a public transportation project and is physically or 
functionally related to that public transportation project, or creates 
a new or enhanced coordination between public transportation and other 
transportation and provides a fair share of revenue to be used in 
public transportation; eligible crime prevention and security expenses; 
establishing a debt service reserve; and mobility management.

III. Local Match

    Under the ARRA, the Federal share of a TTP grant is up to 100 
percent of the net project cost of capital projects.

IV. Terms and Conditions

    Section 3013 of SAFETEA-LU amended 49 U.S.C. section 5311(c) by 
authorizing funds for the TTP ``under such terms and conditions as may 
be established by the Secretary.'' Pursuant to this discretionary 
statutory authority in SAFETEA-LU, FTA published a Federal Register 
notice dated March 22, 2006 (71 FR 14618), ``Public Transportation on 
Indian Reservations Program (49 U.S.C. 5311(c)(1)): Notice of Public 
Meetings, Proposed Grant Program Provisions,'' and proposed certain 
statutory and regulatory terms and conditions that should apply to 
grants awarded under the TTP.
    FTA received a substantial number of comments from Indian tribes 
and other groups concerning certain proposed terms and conditions for 
the TTP. FTA addressed these comments in a Federal Register notice 
dated August 15, 2006 (71 FR 46878) and established appropriate grant 
requirements for the TTP.
    The terms and conditions established in the August 15, 2006, notice 
equally apply to ARRA TTP program funds, and are summarized below. In 
addition, ARRA specifies additional grant requirements that apply to 
its funding programs, including the ARRA TTP, which are also provided 
below.

A. General Grant Requirements

    1. Common Grant Rule (49 CFR part 18), ``Uniform Administrative 
Requirements for Grants and Cooperative Agreements to State and Local 
Governments.'' This is a government-wide requirement that applies to 
all Federal assistance programs.
    2. Civil Rights Act of 1964, as amended (42 U.S.C. 2000d). Unless 
Indian tribes are specifically exempted from civil rights statutes, 
compliance with civil rights statutes is required, including compliance 
with equity in service. However, Indian tribes will not be required to 
comply with FTA program-specific guidance for Title VI and Title VII.
    3. Section 504 of the Rehabilitation Act of 1973, as amended (29 
U.S.C. 794), and the Americans with Disabilities Act (ADA) requirements 
in 49 CFR parts 27, 37, and 38. Section 504 is a government-wide 
requirement that applies to all Federal programs, and the implementing 
regulations of the ADA apply to public transportation.
    4. Drug and Alcohol Testing requirements (49 CFR part 655). FTA 
will apply this requirement because it addresses a national safety 
issue for operators of public transportation.
    5. National Environmental Policy Act, as amended (42 U.S.C. 4321 et 
seq.). This is a government-wide requirement that applies to all 
Federal programs.
    6. Charter Service and School Bus transportation requirements in 49 
CFR parts 604 and 605. The definition of ``public transportation'' in 
49 U.S.C. section 5302 specifically excludes school bus and charter 
service.
    7. National Transit Database (NTD) Reporting requirement. Title 49 
U.S.C. section 5335 requires NTD reporting for recipients of Section 
5311 funds. The TTP is a Section 5311 program that will provide funds 
directly to Indian tribes. Therefore, this reporting requirement 
applies.
    8. Bus Testing requirements (49 CFR part 665). To ensure that 
vehicles acquired under this program will meet adequate safety and 
operational standards, this requirement will apply.
    9. Labor Protections (49 U.S.C. section 5333(b)). At the time of 
the August 15, 2006, notice, FTA indicated that labor protective 
arrangements would be required but that FTA would not implement this 
requirement until the Department of Labor (DOL) revised its procedures 
to provide a relevant arrangement for tribes. On October 1, 2008, DOL 
began using a revised special warranty for the Section 5311 program 
which is appropriate for use with TTP grants. All TTP grants (ARRA and 
annual) awarded after October 1, 2008, will be subject to the special 
warranty for labor protective arrangements under the Section 5311 
program, which will be incorporated by reference in the grant 
agreement.
    A comprehensive list and description for all of the statutory and 
regulatory terms and conditions that apply to the TTP are set forth in 
FTA's Master Agreement for the TTP available on FTA's Web site at: 
http://www.fta.dot.gov/17861_18441_ENG_HTML.htm. Selected grantees 
are 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 and the 
Section 1511 certification for ARRA program described in Section V, A 
of this notice. The Annual List of Certifications and Assurances is 
attached in Appendix A for informational purposes only. The 
Certification and Assurances must be signed by a legal entity. FTA has 
provided information concerning Certifications and Assurances in 
Appendix A of this notice. Tribes are required to select categories 01 
and 22 for the purpose of the TTP.

B. ARRA-Specific Requirements

    1. A successful applicant for competitive ARRA TTP funding, must 
submit a separate ARRA grant application electronically to the 
appropriate FTA regional office through TEAM-Web.
    2. Grantees may not commingle ARRA funds into a grant application 
that contains FTA funding authorized under SAFETEA-LU or any prior 
authorization. Furthermore, grantees cannot apply for funding allocated 
under separate ARRA programs in a single grant. In other words, if a 
Tribe is selected for funding under the annual TTP program and/or the 
State's annual Section 5311 apportionment and/or the State's ARRA 
Section 5311

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apportionment, FTA will not combine the ARRA TTP funds in a grant award 
with any other source of funds the tribe may be receiving. The tribe 
may, however, use different sources of funds to support a single 
project at the local level, provided the tribe can track and report on 
the funds separately.
    3. FTA will process ARRA grants promptly upon receipt of a 
completed application. ARRA funds must be obligated in a grant before 
September 30, 2010. If the tribe selected for funding has not received 
a grant by then, the funds will no longer be available to the tribe. A 
tribe selected for ARRA TTP funding must promptly submit a grant 
application to FTA and provide all information the region requests as 
necessary to obligate the funds in a grant award. In order to assure 
that project funds will begin to flow into the economy as quickly as 
possible, all ARRA grants should be for a project that the tribe 
expects to implement quickly. Grant application information must 
include milestones appropriate to the scale of the project to allow 
adequate oversight to monitor the progress of projects from the start 
through completion and closeout. [Note: Grantees will be expected to 
update activity milestones and financial status report on a quarterly 
basis for ARRA grants.]
    4. Before FTA can award grants for discretionary projects and 
activities, notification of the award must be given to members of 
Congress, and in the case of awards greater than $500,000, to the House 
and Senate authorizing and appropriations committees at least three 
days before award.
    5. Before executing an ARRA grant, the executing official must 
inform FTA via the TEAM system of the (1) purpose of the investment, 
and (2) the rationale for the investment. Grantees must select one or 
more of the following purposes before the grant can be executed:
    a. To preserve and create jobs and promote economic recovery.
    b. To assist those impacted by the recession.
    c. To provide investments needed to increase economic efficiency by 
spurring technological advances.
    d. To invest in infrastructure that will provide long-term economic 
benefits.
    e. To stabilize State and local government budgets, in order to 
minimize reductions in essential services and counterproductive State 
and local tax increases.
    In addition, grantees must also select one or more of the following 
rationale:
    a. Project is ready to go (all applicable federal requirements are 
complete).
    b. Use of Recovery funds for this project frees up other FTA/State/
local resources for other purposes.
    c. Project is high local/regional priority.
    d. Project could not have been implemented without supplemental 
funding.
    e. Funding accelerates completion and decreases over-all project 
costs.
    f. Project provides equipment or facilities to increase transit 
ridership.
    g. Project is a needed investment to bring assets to a state of 
good repair.
    h. Project addresses immediate maintenance needs.
    6. Other important issues that affect FTA grant processing 
activities are discussed below.
    a. Special Conditions of Grant Award--Recipients applying for 
grants that contain ARRA funds must agree to the following grant 
conditions that will be included in the grant application.
    1. Recipient of ARRA funds agrees to comply with reporting 
requirements and deadlines set out in section 1201(c) of Public Law 
111-5.
    2. Recipient of ARRA funds agrees to comply with reporting 
requirements and deadlines set out in section 1512 of Public Law 111-5.
    3. Recipient of ARRA funds agrees that all data submitted to FTA in 
compliance with the requirements of Public Law 111-5 is accurate, 
objective, and of the highest integrity.
    4. Recipient of ARRA funds acknowledges that receipt of ARRA funds 
is a ``one-time'' disbursement that does not create any future 
obligation by the FTA to advance similar funding amounts.
    5. Recipient of ARRA funds agrees to display any program logos as 
may be required by FTA.
    6. Recipient of ARRA funds agrees that it or its sub-recipients 
shall report any credible evidence that a principal, employee, agent, 
contractor, sub-recipient, subcontractor, or other person has submitted 
a false claim under the False Claims Act or has committed a criminal or 
civil violation of law pertaining to fraud, conflict of interest, 
bribery, gratuity, or similar misconduct involving ARRA funds.
    b. Buy America--The Buy America requirements under 49 U.S.C. 
5323(j) that typically apply to projects accepting Federal assistance 
under the Federal Transit program authorized under Chapter 53 of title 
49, United States Code, apply to all capital public transportation 
projects funded with amounts appropriated in the ARRA. Therefore, an 
applicant, in carrying out a procurement financed with Federal 
assistance authorized under the ARRA must comply with applicable Buy 
America requirements in 49 U.S.C. section 5323(j) and 49 CFR Part 661.

V. Reporting Requirements and Certifications Applicable to Recipients 
of ARRA Funds

    As a condition of award, grantees receiving ARRA funds will be 
required to report on grant activities on a routine basis. FTA grantees 
will be responsible for reporting up-to-date and accurate information 
in the milestone status report and financial status report on a 
quarterly basis, as well as additional data elements that are required 
to be reported in http://www.recovery.gov. Additionally, special 
certifications and grant conditions will also be required of ARRA grant 
recipients. FTA will issue specific guidance on reporting requirements 
in the near future for your information. The ARRA statutory reporting 
requirements and certifications are identified below:

A. Section 1511: Certifications

    For covered funds made available to State or local governments, 
including Tribes, for infrastructure investments, the Governor, mayor, 
or other chief executive, as appropriate, are required to certify that 
the infrastructure investment has received the full review and vetting 
required by law and that the chief executive accepts responsibility 
that the infrastructure investment is an appropriate use of taxpayer 
dollars. Such certification must include a description of the 
investment, the estimated total cost, and the amount of covered funds 
to be used, and must be posted on a specified Web site. A State or 
local agency or tribe may not receive infrastructure investment funding 
from funds made available under ARRA unless this certification is made 
and posted. For ARRA TTP grants, this certification must be made by the 
Tribal official authorized to execute grant agreements and execute 
certifications and assurances, as noted in Section IV.A, above, before 
FTA can award a grant. The certifying official must also provide a list 
of projects selected to receive ARRA funds. DOT will post the 
certification and project list to a public Web site linked to http://www.recovery.gov, as required by law.

B. Section 1512: Reports on Use of Funds

    Recipient Reports.--Not later than 10 days after the end of each 
calendar quarter, each recipient that received recovery funds from a 
Federal agency shall submit a report to that agency that contains--

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    (i) The total amount of recovery funds received from that agency;
    (ii) The amount of recovery funds received that were expended or 
obligated to projects or activities; and
    (iii) a detailed list of all projects or activities for which 
recovery funds were expended or obligated, including--
    (1) The name of the project or activity;
    (2) A description of the project or activity;
    (3) An evaluation of the completion status of the project or 
activity;
    (4) An estimate of the number of jobs created and the number of 
jobs retained by the project or activity; and
    (5) For infrastructure investments made by State and local 
governments, the purpose, total cost, and rationale of the agency for 
funding the infrastructure investment with funds made available under 
ARRA, and name of the person to contact at the agency if there are 
concerns with the infrastructure investment.
    (iv) Detailed information on any subcontracts or subgrants awarded 
by the recipient to include the data elements required to comply with 
the Federal Funding Accountability and Transparency Act of 2006 (Pub. 
L. 109-282), allowing aggregate reporting on awards below $25,000 or to 
individuals, as prescribed by the Director of the Office of Management 
and Budget.
    The data elements required to comply with Public Law 109-282 are: 
name of entity receiving the award; the amount of the award; 
information on the award including transaction type, funding agency, 
the North American Industry Classification System Code or Catalog of 
Federal Domestic Assistance number (where applicable); program source; 
and an award title descriptive of the purpose of each funding action.
    FTA will extract as much as possible of this information from grant 
information and standard quarterly reports provided through the TEAM 
electronic grants award and management system. Supplemental reporting 
may be required, however, to provide the project and contract level 
information. FTA will provide further reporting instructions at a later 
date. FTA is working with other modal administrations within the 
Department of Transportation (DOT) to standardize the information 
required from all DOT recipients. DOT will post the information the 
tribe reports in response to this requirement on http://www.recovery.gov to satisfy the transparency requirements of the ARRA.

C. Section 1512(h): Registration

    Recipients of ARRA funds must register with Central Contractor 
Registration database (CCR) or complete other registration requirements 
as determined by the Director of the Office of Management and Budget 
(OMB). CCR registration can be completed at http://www.ccr.gov. CCR 
registration must be completed before the first quarterly Section 1512 
report is due (ten days after the end of the first quarter after the 
tribe receives an ARRA grant). OMB has issued guidance requiring FTA 
and other Federal agencies to ensure that grantees and first tier 
subawardees (subrecipients and contractors) obtain a DUNS number, or 
update their DUNS record if necessary. DUNS registration can be 
completed at http://www.dnb.com. OMB has not yet issued a final 
determination on the extent to which subawardees will be required to 
register in CCR.

D. Section 1201(a): Maintenance of Effort

    Not later than March 19, 2009 for each amount that is distributed 
to a State or agency thereof from an appropriation in ARRA for a 
covered program, the Governor of State is required to certify to the 
Secretary of Transportation that the State will maintain its effort 
with regard to State funding for the types of projects that are funded 
by the appropriation. As part of this certification, the Governor is 
required to submit to the Secretary of Transportation a statement 
identifying the amount of funds the State planned to expend from State 
sources as of February 17, 2009, during the period of February 17, 2009 
through September 30, 2010, for the types of projects that are funded 
by the appropriation.
    This requirement applies only to State funding for transportation 
projects eligible for ARRA funding. DOT will treat this maintenance of 
effort requirement through one consolidated certification from the 
Governor to the Secretary, which should include State funding for 
transit projects, as well as highway and other transportation modal 
projects. The tribe is not required to complete this certification, but 
must report any State transportation funding received in its quarterly 
Section 1201(c)(2) report.

E. Section 1201(c)(2): Periodic Reports

    For amounts received under each covered program by a grant 
recipient under ARRA, the grant recipient shall include in the periodic 
reports information tracking:
    (A) The amount of Federal funds appropriated, allocated, obligated, 
and outlayed under the appropriation;
    (B) The number of projects that have been put out to bid under the 
appropriation;
    (C) The number of projects for which contracts have been awarded 
under the appropriation and the amount of Federal funds associated with 
such contracts;
    (D) The number of projects for which work has begun under such 
contracts and the amount of Federal funds associated with such 
contracts;
    (E) The number of projects for which work has been completed under 
such contracts and the amount of Federal funds associated with such 
contracts;
    (F) The number of direct, on-project jobs created or sustained by 
the Federal funds provided for projects under the appropriation and, to 
the extent possible, the estimated indirect jobs created or sustained 
in the associated supplying industries, including the number of job-
years created and the total increase in employment since February 17, 
2009; and
    (G) The actual aggregate expenditures by each grant recipient from 
State sources for projects eligible for funding under the program 
during the period of February 17, 2009 through September 30, 2010, as 
compared to the level of such expenditures that were planned to occur 
during such period as of the date of enactment of ARRA.
    Each grant recipient is required to submit the first of the 
periodic reports including the Section 1201(c)(2) data required above 
not later than 90 days from February 17, 2009 and is required to submit 
updated reports not later than 180 days, one year, two years, and three 
years from February 17, 2009.
    FTA will extract as much as possible of this information from grant 
information and standard quarterly reports provided through the TEAM 
electronic grants award and management system. Supplemental reporting 
may be required, however, to provide the project and contract level 
information. FTA will provide further reporting instructions at a later 
date. FTA is working with other modal administrations within DOT to 
standardize the information required from all DOT recipients, including 
the possibility of generating the required jobs data through the use of 
economic models and factors applied to the data provided in the grant 
awards and other information reported by the grant.

F. Section 1607

    Section 1607 requires that the Governor certify within 45 days of 
enactment (April 3, 2009) that, for funds provided, the state will 
request and use funds provided by this Act and the

[[Page 12218]]

funds will be used to create jobs and promote economic health. If the 
Governor does not provide this certification, then the state 
legislature may act to accept the funds. This requirement applies to 
all ARRA programs across the government and is not directly applicable 
to the ARRA TTP.

G. Section 1609

    Under section 1609(c), FTA is required to report to certain 
congressional committees every 90 days following enactment on the 
status and progress of projects funded or proposed for funding under 
the Act with respect to compliance with NEPA and its implementing 
regulations. FTA will necessarily ask recipients for assistance in 
compiling this quarterly report.

H. Other Reporting

    To satisfy the needs for transparency and accountability related to 
funding appropriated under the ARRA, grantees may be required to 
provide additional information not yet specified in response to 
requests from the Office of Management and Budget (OMB), the 
Congressional Budget Office (CBO), the Government Accountability Office 
(GAO), or the DOT Inspector General (IG). FTA will inform grantees if 
and when such additional reports are required.

VI. Application Content

    The following information must accompany all requests for ARRA TTP 
funding. Information such as the identity of the applicant need not be 
repeated, but the project description and budget must clearly indicate 
capital activities for which the tribe seeks ARRA TTP funding, and the 
application must specifically address the ARRA related aspects of the 
evaluation criteria.

A. Applicant Information

    1. Name of federally recognized tribe and, if appropriate, the 
specific tribal agency submitting the application.
    2. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) 
number if available. (Note: If selected, applicant will be required to 
provide DUNS number prior to grant award.)
    3. Contact information including: contact name, title, address, fax 
and phone number, and e-mail address if available.
    4. Description of public transportation services including areas 
currently served by tribe, if any.
    5. Name of person(s) authorized to apply on behalf of tribe (signed 
transmittal letter) must accompany application.

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

    Tribes that cannot demonstrate adequate capacity in technical, 
legal and financial areas will not be considered for funding. Every 
application must describe the tribe's legal, technical, 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? 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.
    2. Project Description: Provide a summary description of the 
proposed project and how it will be implemented (e.g., number and type 
of vehicles, service area, schedules, type of services, fixed route or 
demand responsive), route miles (if fixed route), major origins and 
destinations, population served, and whether the tribe provides the 
service directly or contracts for services and how will vehicles be 
maintained. Note that while application must include a description of 
how equipment requested will be used and maintained, only capital 
expenses are eligible under the ARRA. Costs of operations are not 
eligible under this program. Include a summary discussion of how the 
project is consistent with the objectives of the ARRA.
    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 VI below). Note that while these are the same criteria used for 
FTA's annual TTP program, special attention for these ARRA TTP 
resources will be placed upon the readiness of the project to be 
implemented (within criterion 1) and the estimated number of jobs 
created or sustained (within criterion 3).
    1. Criterion 1: Project Planning and Coordination.
    2. Criterion 2: Demonstration of Need.
    3. Criterion 3: Project Benefits.
    4. Criterion 4: Financial Commitment and Operating Capacity.

E. Intergovernmental Review

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

F. Funding Restrictions

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

VII. How Proposals Will Be Evaluated

A. Competitive Selection Process

    FTA intends to award $17 million in ARRA TTP funding. If a tribe 
applies for funding both under this announcement (ARRA) and under the 
FY 2009 annual TTP announcement, FTA will consider both applications in 
relationship to each other, as appropriate. FTA encourages applicants 
to review the evaluation criteria and all other related application 
information prior to preparation of an application. Applicants may 
receive technical assistance for application development by contacting 
their FTA regional Tribal liaison, or the National Rural Transportation 
Assistance Program (RTAP) office. Contact information for technical 
assistance can be found in Appendix 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 
it. Additionally, the applicant must provide evidence that the project 
is ready for implementation as soon as a grant is awarded. Information 
may vary depending upon whether the tribe has a formal plan that 
includes transit.
    a. Applicants without a formal plan that includes transit are 
advised to consider and address the following areas:

[[Page 12219]]

    i. Provide a detailed project description.
    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. Evidence that project 
implementation can begin immediately upon grant award is desired.
    b. Applicants with a formal transit plan are advised to consider 
and address the following areas:
    i. Describe the planning document and/or the planning process 
conducted to identify the proposed project.
    ii. Describe how the mobility and client-access needs of tribal 
human service agencies were considered in the planning process.
    iii. Describe what opportunities for public participation were 
provided in the planning process and how the proposed project 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 project complements rather than 
duplicates any currently available facilities, equipment, or services.
    v. Describe the implementation schedule for the proposed project, 
including time frame, staffing, procurement, etc. Evidence that project 
implementation can begin immediately upon grant award is desired.
    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 project will address 
the identified transit needs. Applications may include information such 
as destinations and services not currently accessible by transit, need 
for access to jobs or health care, special needs of the elderly and 
individuals with disabilities, income-based community needs, or other 
mobility needs.
    Based on the information provided, the proposals will be rated on 
the following:
    a. Is there a demonstrated need for the project?
    b. How well does the project fulfill the need?
3. Project Benefits (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. Consistent with the objectives of 
the ARRA, the number of estimated jobs created or sustained should also 
be provided.
    Benefits can be demonstrated by identifying the population of 
tribal members and non-tribal members in the proposed project service 
area and estimating the number of daily one-way trips the transit 
service will provide and/or the number of individual riders. There may 
be many other, less quantifiable, benefits to the tribe and surrounding 
community from this project. Please document, explain or show the 
benefits in whatever format is reasonable to present them.
    Based on the information provided proposals will be rated based on:
    a. Will the project improve transit efficiency or increase 
ridership?
    b. Will the project improve mobility for the tribe?
    c. Will the project improve access to important destinations and 
services?
    d. How many jobs will the proposed project create or sustain?
    e. 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 the proposed project, 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.
    The application should show how ARRA 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 or the annual TTP, describe how requested ARRA TTP 
funding will expand facilities, and/or other capital resources.
    Describe any other resources the tribe will contribute to the 
project, including in-kind contributions, commitments of support from 
local businesses, donations of land or equipment, and human resources, 
and describe to what extent the new project or funding for existing 
service leverages other funding.
    The tribe should show its ability to manage programs by 
demonstrating the existing programs it administers in any area of 
expertise such as human services. Based upon the information provided, 
the proposals will be rated on the extent to which the proposal 
demonstrates that:
    a. This project provides new services or complements existing 
service;
    b. TTP funding does not replace existing funding;
    c. The tribe has or will provide non-financial support to project;
    d. The tribe has demonstrated ability to provide other services or 
manage other programs; and
    e. Project funds are used in coordination with other services for 
efficient utilization of funds.

C. Continuation Projects

    If an applicant is proposing to fund, with ARRA resources, the 
continuation of a project funded previously with FY 06-08 TTP funding, 
tribes must demonstrate that their project(s) are in an active status 
to receive additional funding. Along with the criteria listed in 
Section B, proposals should state that the applicant is a current TTP 
grantee and provide information on their transit project(s) status 
including services now being provided and how the new funding will 
complement the existing service. Please provide any data that would be 
helpful to project evaluators, i.e., ridership, increased service 
hours, extended service routes, stops, etc. If you received a planning 
grant in previous fiscal years, please indicate the status of your 
planning study and how this project relates to that study.

D. Review and Selection Process

    Each application will be screened by a panel of members, including 
FTA Headquarters and regional staff. Incomplete or non-responsive 
applications will be disqualified. FTA will make an effort to award 
grants to as many qualified applicants as possible.

VIII. 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

[[Page 12220]]

the successful applicants in preparing electronic applications for 
grant awards. At that time, the tribe will be required to sign the 
Certification and Assurances contained in Appendix A. The Master 
Agreement is available on FTA's Web site at http://www.fta.dot.gov/17861_18441_ENG_HTML.htm.
    FTA will notify all applicants, both those selected for funding and 
those not selected, when the competitive selection process is complete. 
Projects selected for funding will be published in a Federal Register 
notice, along with any additional grants and reporting requirements for 
ARRA funds.

IX. 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 general and ARRA-specific 
grants and reporting requirements and will provide assistance in 
preparing the documentation necessary for the grant award. Contact the 
appropriate FTA regional Tribal Liaison (Appendix B) for application 
specific information and issues. For general program information, 
contact Lorna R. Wilson, Office of Transit Programs, at (202) 366-2053, 
e-mail: <a href="/cdn-cgi/l/email-protection#91ddfee3fff0bfc6f8fde2feffd1f5fee5bff6fee7"><span class="__cf_email__" data-cfemail="eea2819c808fc0b987829d8180ae8a819ac0898198">[email protected]</span></a>. A TDD is available at 1-800-877-8339 
(TDD/FIRS).

    Issued in Washington, DC, this 18th day of March, 2009.
Matthew J. Welbes,
Acting Deputy Administrator.

Appendix A

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

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

    In accordance with 49 U.S.C. 5323(n), the following 
certifications and assurances have been compiled for Federal Transit 
Administration (FTA) assistance programs. FTA requests each 
Applicant to provide as many certifications and assurances as needed 
for all programs for which the Applicant intends to seek FTA 
assistance during Federal Fiscal Year 2008. Twenty-four (24) 
Categories of certifications and assurances are listed by numbers 01 
through 24 in the TEAM-Web ``Recipients'' option at the ``Cert's & 
Assurances'' tab of ``View/Modify Recipients.'' Category 01 applies 
to all Applicants. Category 02 applies to all applications for 
Federal assistance in excess of $100,000. Categories 03 through 24 
will apply to and be required for some, but not all, Applicants and 
projects. FTA's annual certifications and assurances permit the 
Applicant to select a single certification which can cover all the 
programs for which it anticipates submitting an application. FTA 
requests the Applicant to read each certification and assurance 
carefully and select all certifications and assurances that may 
apply to the programs for which it expects to seek Federal 
assistance.
    FTA and the Applicant understand and agree that not every 
provision of these certifications and assurances will apply to every 
Applicant or every project for which FTA provides Federal financial 
assistance through a Grant Agreement or Cooperative Agreement. The 
type of project and the section of the statute authorizing Federal 
financial assistance for the project will determine which provisions 
apply. The terms of these certifications and assurances reflect 
applicable requirements of FTA's enabling legislation currently in 
effect.
    The Applicant also understands and agrees that these 
certifications and assurances are special pre-award requirements 
specifically prescribed by Federal law or regulation and do not 
encompass all Federal laws, regulations, and directives that may 
apply to the Applicant or its project. A comprehensive list of those 
Federal laws, regulations, and directives is contained in the 
current FTA Master Agreement MA(14) for Federal Fiscal Year 2008 at 
the FTA Web site http://www.fta.dot.gov/documents/14-Master.pdf. The 
certifications and assurances in this document have been streamlined 
to remove most provisions not covered by statutory or regulatory 
certification or assurance requirements.
    Because many requirements of these certifications and assurances 
will require the compliance of the subrecipient of an Applicant, we 
strongly recommend that each Applicant, including a State, that will 
be implementing projects through one or more subrecipients, secure 
sufficient documentation from each subrecipient to ensure 
compliance, not only with these certifications and assurances, but 
also with the terms of the Grant Agreement or Cooperative Agreement 
for the project, and the Master Agreement or an alternative Master 
Agreement for its project, if applicable, incorporated therein by 
reference. Each Applicant is ultimately responsible for compliance 
with the provisions of the certifications and assurances applicable 
to itself or its project irrespective of participation in the 
project by any subrecipient.

01. Assurances Required for Each Applicant

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

A. Assurance of Authority of the Applicant and Its Representative

    The authorized representative of the Applicant and the attorney 
who sign these certifications, assurances, and agreements affirm 
that both the Applicant and its authorized representative have 
adequate authority under applicable State, local, or Indian tribal 
law and regulations, and the Applicant's by-laws or internal rules 
to:
    (1) Execute and file the application for Federal assistance on 
behalf of the Applicant;
    (2) Execute and file the required certifications, assurances, 
and agreements on behalf of the Applicant binding the Applicant; and
    (3) Execute grant agreements and cooperative agreements with FTA 
on behalf of the Applicant.

B. Standard Assurances

    The Applicant ensures that it will comply with all applicable 
Federal statutes and regulations in carrying out any project 
supported by an FTA grant or cooperative agreement. The Applicant 
agrees that it is under a continuing obligation to comply with the 
terms and conditions of the grant agreement or cooperative agreement 
issued for its project with FTA. The Applicant recognizes that 
Federal laws and regulations may be modified from time to time and 
those modifications may affect project implementation. The Applicant 
understands that Presidential executive orders and Federal 
directives, including Federal policies and program guidance may be 
issued concerning matters affecting the Applicant or its project. 
The Applicant agrees that the most recent Federal laws, regulations, 
and directives will apply to the project, unless FTA issues a 
written determination otherwise.

C. Intergovernmental Review Assurance

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

D. Nondiscrimination Assurance

    As required by 49 U.S.C. 5332 (which prohibits discrimination on 
the basis of race, color, creed, national origin, sex, or age, and 
prohibits discrimination in employment or business opportunity), by 
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
2000d, and by U.S. DOT regulations, ``Nondiscrimination in 
Federally-Assisted Programs of the Department of Transportation--
Effectuation of Title VI of the Civil Rights Act,'' 49 CFR part 21 
at 21.7, the Applicant ensures that it will comply with all 
requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 
U.S.C. 2000d, and 49 CFR part 21, so that no person in the United 
States, on the basis of race, color, national origin, creed, sex, or 
age will be excluded from participation in, be denied the benefits 
of, or otherwise be subjected to discrimination in any program or 
activity

[[Page 12221]]

(particularly in the level and quality of transportation services 
and transportation-related benefits) for which the Applicant 
receives Federal assistance awarded by the U.S. DOT or FTA.
    Specifically, during the period in which Federal assistance is 
extended to the project, or project property is used for a purpose 
for which the Federal assistance is extended or for another purpose 
involving the provision of similar services or benefits, or as long 
as the Applicant retains ownership or possession of the project 
property, whichever is longer, the Applicant ensures that:
    (1) Each project will be conducted, property acquisitions will 
be undertaken, and project facilities will be operated in accordance 
with all applicable requirements imposed by or issued pursuant to 49 
U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, and understands 
that this assurance extends to its entire facility and to facilities 
operated in connection with the project.
    (2) It will promptly take the necessary actions to effectuate 
this assurance, including notifying the public that complaints of 
discrimination in the provision of transportation-related services 
or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. 
DOT or FTA, the Applicant ensures that it will submit the required 
information pertaining to its compliance with these provisions.
    (3) It will include in each subagreement, property transfer 
agreement, third party contract, third party subcontract, or 
participation agreement adequate provisions to extend the 
requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 
U.S.C. 2000d and 49 CFR part 21 to other parties involved therein 
including any subrecipient, transferee, third party contractor, 
third party subcontractor at any level, successor in interest, or 
any other participant in the project.
    (4) Should it transfer real property, structures, or 
improvements financed with Federal assistance provided by FTA to 
another party, any deeds and instruments recording the transfer of 
that property shall contain a covenant running with the land 
assuring nondiscrimination for the period during which the property 
is used for a purpose for which the Federal assistance is extended 
or for another purpose involving the provision of similar services 
or benefits.
    (5) The United States has a right to seek judicial enforcement 
with regard to any matter arising under the Act, regulations, and 
this assurance.
    (6) It will make any changes in its Title VI implementing 
procedures as U.S. DOT or FTA may request to achieve compliance with 
the requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 
U.S.C. 2000d, and 49 CFR part 21.

E. Assurance of Nondiscrimination on the Basis of Disability

    As required by U.S. DOT regulations, ``Nondiscrimination on the 
Basis of Handicap in Programs and Activities Receiving or Benefiting 
from Federal Financial Assistance,'' at 49 CFR 27.9, the Applicant 
ensures that, as a condition to the approval or extension of any 
Federal assistance awarded by FTA to construct any facility, obtain 
any rolling stock or other equipment, undertake studies, conduct 
research, or to participate in or obtain any benefit from any 
program administered by FTA, no otherwise qualified person with a 
disability shall be, solely by reason of that disability, excluded 
from participation in, denied the benefits of, or otherwise 
subjected to discrimination in any program or activity receiving or 
benefiting from Federal assistance administered by the FTA or any 
entity within U.S. DOT. The Applicant ensures that project 
implementation and operations so assisted will comply with all 
applicable requirements of U.S. DOT regulations implementing the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and 
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 
12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts 
27, 37, and 38, and any other applicable Federal laws that may be 
enacted or Federal regulations that may be promulgated.

F. U.S. Office of Management and Budget (OMB) Assurances

    Consistent with OMB assurances set forth in SF-424B and SF-424D, 
the Applicant ensures that, with respect to itself or its project, 
the Applicant:
    (1) Has the legal authority to apply for Federal assistance and 
the institutional, managerial, and financial capability (including 
funds sufficient to pay the non-Federal share of project cost) to 
ensure proper planning, management, and completion of the project 
described in its application;
    (2) Will give FTA, the Comptroller General of the United States, 
and, if appropriate, the State, through any authorized 
representative, access to and the right to examine all records, 
books, papers, or documents related to the award; and will establish 
a proper accounting system in accordance with generally accepted 
accounting standards or agency directives;
    (3) Will establish safeguards to prohibit employees from using 
their positions for a purpose that constitutes or presents the 
appearance of personal or organizational conflict of interest or 
personal gain;
    (4) Will initiate and complete the work within the applicable 
project time periods following receipt of FTA approval;
    (5) Will comply with all applicable Federal statutes relating to 
nondiscrimination including, but not limited to:
    (a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which 
prohibits discrimination on the basis of race, color, or national 
origin;
    (b) Title IX of the Education Amendments of 1972, as amended, 20 
U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT 
regulations, ``Nondiscrimination on the Basis of Sex in Education 
Programs or Activities Receiving Federal Financial Assistance,'' 49 
CFR part 25, which prohibit discrimination on the basis of sex;
    (c) Section 504 of the Rehabilitation Act of 1973, as amended, 
29 U.S.C. 794, which prohibits discrimination on the basis of 
disability;
    (d) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 
6101 through 6107, which prohibits discrimination on the basis of 
age;
    (e) The Drug Abuse Office and Treatment Act of 1972, as amended, 
21 U.S.C. 1101 et seq., relating to nondiscrimination on the basis 
of drug abuse;
    (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention 
Act of 1970, as amended, 42 U.S.C. 4541 et seq. relating to 
nondiscrimination on the basis of alcohol abuse or alcoholism;
    (g) The Public Health Service Act of 1912, as amended, 42 U.S.C. 
201 et seq., relating to confidentiality of alcohol and drug abuse 
patient records;
    (h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., 
relating to nondiscrimination in the sale, rental, or financing of 
housing; and
    (i) Any other nondiscrimination statute(s) that may apply to the 
project;
    (6) To the extent applicable, will comply with, or has complied 
with, the requirements of Titles II and III of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq., 
which, among other things, provide for fair and equitable treatment 
of persons displaced or persons whose property is acquired as a 
result of Federal or federally assisted programs. These requirements 
apply to all interests in real property acquired for project 
purposes and displacement caused by the project regardless of 
Federal participation in any purchase. As required by sections 210 
and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and 
by U.S. DOT regulations, ``Uniform Relocation Assistance and Real 
Property Acquisition for Federal and Federally Assisted Programs,'' 
49 CFR 24.4, the Applicant ensures that it has the requisite 
authority under applicable state and local law to comply with the 
requirements of the Uniform Relocation Act, 42 U.S.C. 4601 et seq., 
and U.S. DOT regulations, ``Uniform Relocation Assistance and Real 
Property Acquisition for Federal and Federally Assisted Programs,'' 
49 CFR part 24, and will comply with that Act or has complied with 
that Act and those implementing regulations, including but not 
limited to the following:
    (a) The Applicant will adequately inform each affected person of 
the benefits, policies, and procedures provided for in 49 CFR part 
24;
    (b) The Applicant will provide fair and reasonable relocation 
payments and assistance as required by 42 U.S.C. 4622, 4623, and 
4624; 49 CFR part 24; and any applicable FTA procedures, to or for 
families, individuals, partnerships, corporations, or associations 
displaced as a result of any project financed with FTA assistance;
    (c) The Applicant will provide relocation assistance programs 
offering the services described in 42 U.S.C. 4625 to such displaced 
families, individuals, partnerships, corporations, or associations 
in the manner provided in 49 CFR part 24;
    (d) Within a reasonable time before displacement, the Applicant 
will make available comparable replacement dwellings to displaced 
families and individuals as required by 42 U.S.C. 4625(c)(3);
    (e) The Applicant will carry out the relocation process in such 
manner as to

[[Page 12222]]

provide displaced persons with uniform and consistent services, and 
will make available replacement housing in the same range of choices 
with respect to such housing to all displaced persons regardless of 
race, color, religion, or national origin;
    (f) In acquiring real property, the Applicant will be guided to 
the greatest extent practicable under state law, by the real 
property acquisition policies of 42 U.S.C. 4651 and 4652;
    (g) The Applicant will pay or reimburse property owners for 
necessary expenses as specified in 42 U.S.C. 4653 and 4654, with the 
understanding that FTA will provide Federal financial assistance for 
the Applicant's eligible costs of providing payments for those 
expenses, as required by 42 U.S.C. 4631;
    (h) The Applicant will execute such amendments to third party 
contracts and subagreements financed with FTA assistance and 
execute, furnish, and be bound by such additional documents as FTA 
may determine necessary to effectuate or implement the assurances 
provided herein; and
    (i) The Applicant agrees to make these assurances part of or 
incorporate them by reference into any third party contract or 
subagreement, or any amendments thereto, relating to any project 
financed by FTA involving relocation or land acquisition and provide 
in any affected document that these relocation and land acquisition 
provisions shall supersede any conflicting provisions;
    (7) To the extent applicable, will comply with the Davis-Bacon 
Act, as amended, 40 U.S.C. 3141 et seq., the Copeland ``Anti-
Kickback'' Act, as amended, 18 U.S.C. 874, and the Contract Work 
Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., 
regarding labor standards for federally assisted projects;
    (8) To the extent applicable, will comply with the flood 
insurance purchase requirements of section 102(a) of the Flood 
Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), 
requiring the Applicant and its subrecipients in a special flood 
hazard area to participate in the program and purchase flood 
insurance if the total cost of insurable construction and 
acquisition is $10,000 or more;
    (9) To the extent applicable, will comply with the Lead-Based 
Paint Poisoning Prevention Act, 42 U.S.C. 4831(b), which prohibits 
the use of lead-based paint in the construction or rehabilitation of 
residence structures;
    (10) To the extent applicable, will not dispose of, modify the 
use of, or change the terms of the real property title or other 
interest in the site and facilities on which a construction project 
supported with FTA assistance takes place without permission and 
instructions from FTA;
    (11) To the extent required by FTA, will record the Federal 
interest in the title of real property, and will include a covenant 
in the title of real property acquired in whole or in part with 
Federal assistance funds to ensure nondiscrimination during the 
useful life of the project;
    (12) To the extent applicable, will comply with FTA provisions 
concerning the drafting, review, and approval of construction plans 
and specifications of any construction project supported with FTA 
assistance. As required by U.S. DOT regulations, ``Seismic Safety,'' 
49 CFR 41.117(d), before accepting delivery of any building financed 
with FTA assistance, it will obtain a certificate of compliance with 
the seismic design and construction requirements of 49 CFR part 41;
    (13) To the extent applicable, will provide and maintain 
competent and adequate engineering supervision at the construction 
site of any project supported with FTA assistance to ensure that the 
complete work conforms with the approved plans and specifications, 
and will furnish progress reports and such other information as may 
be required by FTA or the state;
    (14) To the extent applicable, will comply with any applicable 
environmental standards that may be prescribed to implement the 
following Federal laws and executive orders:
    (a) Institution of environmental quality control measures under 
the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 
4321 through 4335 and Executive Order No. 11514, as amended, 42 
U.S.C. 4321 note;
    (b) Notification of violating facilities pursuant to Executive 
Order No. 11738, 42 U.S.C. 7606 note;
    (c) Protection of wetlands pursuant to Executive Order No. 
11990, 42 U.S.C. 4321 note;
    (d) Evaluation of flood hazards in floodplains in accordance 
with Executive Order No. 11988, 42 U.S.C. 4321 note;
    (e) Assurance of project consistency with the approved state 
management program developed pursuant to the requirements of the 
Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 
through 1465;
    (f) Conformity of Federal actions to State (Clean Air) 
Implementation Plans under section 176(c) of the Clean Air Act of 
1955, as amended, 42 U.S.C. 7401 through 7671q;
    (g) Protection of underground sources of drinking water under 
the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f 
through 300j-6;
    (h) Protection of endangered species under the Endangered 
Species Act of 1973, as amended, 16 U.S.C. 1531 through 1544; and
    (i) Environmental protections for Federal transportation 
programs, including, but not limited to, protections for parks, 
recreation areas, or wildlife or waterfowl refuges of national, 
state, or local significance or any land from a historic site of 
national, State, or local significance to be used in a 
transportation project as required by 49 U.S.C. 303(b) and 303(c);
    (j) Protection of the components of the national wild and scenic 
rivers systems, as required under the Wild and Scenic Rivers Act of 
1968, as amended, 16 U.S.C. 1271 through 1287; and
    (k) Provision of assistance to FTA in complying with section 106 
of the National Historic Preservation Act of 1966, as amended, 16 
U.S.C. 470f; with the Archaeological and Historic Preservation Act 
of 1974, as amended, 16 U.S.C. 469 through 469c; and with Executive 
Order No. 11593 (identification and protection of historic 
properties), 16 U.S.C. 470 note;
    (15) To the extent applicable, will comply with the requirements 
of the Hatch Act, 5 U.S.C. 1501 through 1508 and 7324 through 7326, 
which limit the political activities of State and local agencies and 
their officers and employees whose primary employment activities are 
financed in whole or part with Federal funds including a Federal 
loan, grant agreement, or cooperative agreement except, in 
accordance with 49 U.S.C. 5307(k)(2) and 23 U.S.C. 142(g), the Hatch 
Act does not apply to a nonsupervisory employee of a public 
transportation system (or of any other agency or entity performing 
related functions) receiving FTA assistance to whom that Act does 
not otherwise apply;
    (16) To the extent applicable, will comply with the National 
Research Act, Pub. L. 93-348, July 12, 1974, as amended, 42 U.S.C. 
289 et seq., and U.S. DOT regulations, ``Protection of Human 
Subjects,'' 49 CFR part 11, regarding the protection of human 
subjects involved in research, development, and related activities 
supported by Federal assistance;
    (17) To the extent applicable, will comply with the Laboratory 
Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., and 
U.S. Department of Agriculture regulations, ``Animal Welfare,'' 9 
CFR subchapter A, parts 1, 2, 3, and 4, regarding the care, 
handling, and treatment of warm blooded animals held or used for 
research, teaching, or other activities supported by Federal 
assistance;
    (18) Will have performed the financial and compliance audits as 
required by the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 
et seq., OMB Circular A-133, ``Audits of States, Local Governments, 
and Non-Profit Organizations,'' Revised, and the most recent 
applicable OMB A-133 Compliance Supplement provisions for the U.S. 
DOT; and
    (19) To the extent applicable, will comply with all applicable 
provisions of all other Federal laws, regulations, and directives 
governing the project, except to the extent that FTA has expressly 
approved otherwise in writing.

22. Tribal Transit Program

    Each Applicant for Tribal Transit Program assistance must 
provide all certifications and assurance set forth below. Except to 
the extent that FTA determines otherwise in writing, FTA may not 
award any Federal assistance under the Tribal Transit Program until 
the Applicant provides these certifications and assurances by 
selecting Category ``22.''
    In accordance with 49 U.S.C. 5311(c)(1) that authorizes the 
Secretary of Transportation to establish terms and conditions for 
direct grants to Indian tribal governments, the Applicant certifies 
and ensures as follows:
    A. The Applicant ensures that:
    (1) It has or will have the necessary legal, financial, and 
managerial capability to apply for, receive, and disburse Federal 
assistance authorized for 49 U.S.C. 5311; and to carry out each 
project, including the safety and security aspects of that project;
    (2) It has or will have satisfactory continuing control over the 
use of project equipment and facilities;
    (3) The project equipment and facilities will be adequately 
maintained; and

[[Page 12223]]

    (4) Its project will achieve maximum feasible coordination with 
transportation service assisted by other Federal sources.
    B. In accordance with 49 CFR 18.36(g)(3)(ii), the Applicant 
certifies that its procurement system will comply with the 
requirements of 49 CFR 18.36, or will inform FTA promptly that its 
procurement system does not comply with 49 CFR 18.36.
    C. To the extent applicable to the Applicant or its Project, the 
Applicant certifies that it will comply with the certifications, 
assurances, and agreements in Category 08 (Bus Testing), Category 09 
(Charter Bus Agreement), Category 10 (School Transportation 
Agreement), Category 11 (Demand Responsive Service), Category 12 
(Alcohol Misuse and Prohibited Drug Use), and Category 14 (National 
Intelligent Transportation Systems Architecture and Standards) of 
this document.
    D. If its application exceeds $100,000, the Applicant agrees to 
comply with the certification in Category 02 (Lobbying) of this 
document.

Appendix B

FTA Regional Offices and Tribal Transit Liaisons

Region I--Massachusetts, Rhode Island, Connecticut, New Hampshire, 
Vermont and Maine, Richard H. Doyle, FTA Regional Administrator, 
Volpe National Transportation Systems Center, Kendall Square, 55 
Broadway, Suite 920, Cambridge, MA 02142-1093, Phone: (617) 494-
2055, Fax: (617) 494-2865, Regional Tribal Liaison: Judi Molloy.
Region II--New York, New Jersey, Brigid Hynes-Cherin, FTA Regional 
Administrator, One Bowling Green, Room 429, New York, NY 10004-1415, 
Phone: (212) 668-2170, Fax: (212) 668-2136, Regional Tribal Liaison: 
Rebecca Reyes-Alicea.
Region III--Pennsylvania, Maryland, Virginia, West Virginia, 
Delaware, Washington, DC, Letitia Thompson, FTA Regional 
Administrator, 1760 Market Street, Suite 500, Philadelphia, PA 
19103-4124, Phone: (215) 656-7100, Fax: (215) 656-7260, Regional 
Tribal Liaison: NA.
Region IV--Georgia, North Carolina, South Carolina, Florida, 
Mississippi, Tennessee, Kentucky, Alabama, Puerto Rico, Virgin 
Islands, Yvette G. Taylor, FTA Regional Administrator, 230 Peachtree 
St., NW., Suite 800, Atlanta, GA 30303, Tel.: 404-865-5600, Fax: 
404-865-5605, Regional Tribal Liaisons: Jamie Pfister and James 
Garland.
Region V--Illinois, Indiana, Ohio, Wisconsin, Minnesota, Michigan, 
Marisol R. Simon, FTA Regional Administrator, 200 West Adams Street, 
Suite 320, Chicago, IL 60606-5232, Phone: (312) 353-2789, Fax: (312) 
886-0351, Regional Tribal Liaisons: William Wheeler, Joyce Taylor.
Region VI--Texas, New Mexico, Louisiana, Arkansas, Oklahoma, Robert 
Patrick, FTA Regional Administrator, 819 Taylor Street, Room 8A36, 
Ft. Worth, TX 76102, Phone: (817) 978-0550, Fax: (817) 978-0575, 
Regional Tribal Liaison: Lynn Hayes.
Region VII--Iowa, Nebraska, Kansas, Missouri, Mokhtee Ahmad, FTA 
Regional Administrator, 901 Locust Street, Suite 404, Kansas City, 
MO 64106, Phone: (816) 329-3920, Fax: (816) 329-3921, Regional 
Tribal Liaisons: Joni Roeseler and Cathy Monroe.
Region VIII--Colorado, North Dakota, South Dakota, Montana, Wyoming, 
Utah, Terry Rosapep, FTA Regional Administrator, 12300 West Dakota 
Avenue, Suite 310, Lakewood, CO 80228-2583, Phone: (720) 963-3300, 
Fax: (720) 963-3333, Regional Tribal Liaisons: Jennifer Stewart and 
David Beckhouse.
Region IX--California, Arizona, Nevada, Hawaii, American Samoa, 
Guam, Leslie Rogers, FTA Regional Administrator, 201 Mission Street, 
Suite 1650, San Francisco, CA 94105-1831, Phone: (415) 744-3133, 
Fax: (415) 744-2726, Regional Tribal Liaison: Lorraine Lerman.
Region X--Washington, Oregon, Idaho, Alaska, Richard Krochalis, FTA 
Regional Administrator, Jackson Federal Building, 915 Second Avenue, 
Suite 3142, Seattle, WA 98174-1002, Phone: (206) 220-7954, Fax: 
(206) 220-7959, Regional Tribal Liaisons: Bill Ramos and Annette 
Clothier.

    Appendix C

Technical Assistance Contacts

Alaska Tribal Technical Assistance Program, Kim Williams, University 
of Alaska, Fairbanks, P.O. Box 756720, Fairbanks, AK 99775-6720, 
(907) 842-2521, (907) 474-5208, <a href="/cdn-cgi/l/email-protection#6b1c020707020a06182b051e18031f0e0745050e1f"><span class="__cf_email__" data-cfemail="e7908e8b8b8e868a94a78992948f93828bc9898293">[email protected]</span></a>, http://
community.uaf.edu/~alaskattac. Service area: Alaska.
National Indian Justice Center, Raquelle Myers, 5250 Aero Drive, 
Santa Rosa, CA 95403, (707) 579-5507 or (800) 966-0662, (707) 579-
9019, <a href="/cdn-cgi/l/email-protection#adc3c4c7ceedccc2c183cec2c0"><span class="__cf_email__" data-cfemail="7c1215161f3c1d1310521f1311">[email protected]</span></a>, http://www.nijc.org/ttap.html. Service area: 
California, Nevada.
Tribal Technical Assistance Program at Colorado State University, 
Ronald Hall, Rockwell Hall, Room 321, Colorado State University, 
Fort Collins, CO 80523-1276, (800) 262-7623, (970) 491-3502, 
<a href="/cdn-cgi/l/email-protection#1b6974757a777f35737a77775b78747774686f7a6f7e357e7f6e"><span class="__cf_email__" data-cfemail="54263b3a3538307a3c35383814373b383b27203520317a313021">[email protected]</span></a>, http://ttap.colostate.edu/. Service area: 
Arizona, Colorado, New Mexico, Utah.
Tribal Technical Assistance Program (TTAP), Bernie D. Alkire, 301-E 
Dillman Hall, Michigan Technological University, 1400 Townsend 
Drive, Houghton, MI 49931-1295, (888) 230-0688, (906) 487-1834, 
<a href="/cdn-cgi/l/email-protection#b7d5d6dbdcdec5d2f7dac3c299d2d3c2"><span class="__cf_email__" data-cfemail="97f5f6fbfcfee5f2d7fae3e2b9f2f3e2">[email protected]</span></a>, http://www.ttap.mtu.edu/. Service area: Alabama, 
Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, 
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 
Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New 
Jersey, New York, North Carolina, Ohio, Pennsylvania.
Northern Plains Tribal Technical Assistance Program, Dennis Trusty, 
United Tribes Technical College, 3315 University Drive, Bismarck, ND 
58504, (701) 255-3285 ext. 1262, (701) 530-0635, 
<a href="/cdn-cgi/l/email-protection#89e7ededece7e7e0fac9e1e6fde4e8e0e5a7eae6e4"><span class="__cf_email__" data-cfemail="c3ada7a7a6adadaab083abacb7aea2aaafeda0acae">[email protected]</span></a>, http://www.uttc.edu/forum/ttap/ttap.asp. 
Service area: Montana (Eastern), Nebraska (Northern), North Dakota, 
South Dakota, Wyoming.
Northwest Tribal Technical Assistance Program, Richard A. Rolland, 
Eastern Washington University, Department of Urban Planning, Public 
& Health Administration, 216 Isle Hall, Cheney, WA 99004, (800) 583-
3187, (509) 359-7485, <a href="/cdn-cgi/l/email-protection#afddddc0c3c3cec1cbefcad8da81cacbda"><span class="__cf_email__" data-cfemail="0577776a6969646b61456072702b606170">[email protected]</span></a>, http://www.ewu.edu/TTAP/. 
Service area: Idaho, Montana (Western), Oregon, Washington.
Tribal Technical Assistance Program at Oklahoma State University, 
James Self, Oklahoma State University, 5202 N. Richmond Hills Road, 
Stillwater, OK 74078-0001, (405) 744-6049, (405) 744-7268, 
<a href="/cdn-cgi/l/email-protection#a5cfccc88bd6c0c9c3e5caced6d1c4d1c08bc0c1d0"><span class="__cf_email__" data-cfemail="b1dbd8dc9fc2d4ddd7f1dedac2c5d0c5d49fd4d5c4">[email protected]</span></a>, http://ttap.okstate.edu/. Service area: 
Kansas, Nebraska (Southern), Oklahoma, Texas.

Other Technical Assistance Resources

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

[FR Doc. E9-6271 Filed 3-20-09; 8:45 am]
BILLING CODE 4910-57-P


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