12214 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 

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. 

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 

fta.tribalprogram@dot.gov. 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: 

Lorna.Wilson@dot.gov. 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 federallyrecognized Indian tribes or Alaska 

Native villages, groups, or communities 

as identified by the Bureau of Indian 

Affairs (BIA) in the Department of the 

Interior (DOI). To be an eligible 

recipient, a tribe must have the requisite 

legal, financial and technical 

capabilities to receive and administer 

Federal funds under this program. A 

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. 


dwashington3 on PROD1PC60 with NOTICES3
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 12215 

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 costeffective 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 


dwashington3 on PROD1PC60 with NOTICES3
12216 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 

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, subrecipient, 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— 


dwashington3 on PROD1PC60 with NOTICES3
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 12217 

(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 


dwashington3 on PROD1PC60 with NOTICES3
12218 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 

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: 


dwashington3 on PROD1PC60 with NOTICES3
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 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, incomebased 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 nonfinancial support to project; 

d. The tribe has demonstrated ability 

to provide other services or manage 

other programs; and 

e. Project funds are used in 

coordination with other services for 

efficient utilization of funds. 

C. 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 


dwashington3 on PROD1PC60 with NOTICES3
12220 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 

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 ARRAspecific 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, email: Lorna.Wilson@dot.gov. 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 


dwashington3 on PROD1PC60 with NOTICES3
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 12221 

(particularly in the level and quality of 

transportation services and transportationrelated benefits) for which the Applicant 

receives Federal assistance awarded by the 

U.S. DOT or FTA. 

Specifically, during the period in which 

Federal assistance is extended to the project, 

or project property is used for a purpose for 

which the Federal assistance is extended or 

for another purpose 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 nonFederal share of project cost) to ensure 

proper planning, management, and 

completion of the project described in its 

application; 

(2) Will give FTA, the Comptroller General 

of the United States, and, if appropriate, the 

State, through any authorized representative, 

access to and the right to examine all records, 

books, papers, or documents related to the 

award; and will establish a proper accounting 

system in accordance with generally 

accepted accounting standards or agency 

directives; 

(3) Will establish safeguards to prohibit 

employees from using their positions for a 

purpose that constitutes or presents the 

appearance of personal or organizational 

conflict of interest or personal gain; 

(4) Will initiate and complete the work 

within the applicable project time periods 

following receipt of FTA approval; 

(5) Will comply with all applicable Federal 

statutes relating to nondiscrimination 

including, but not limited to: 

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

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

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

(b) Title IX of the Education Amendments 

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

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

regulations, ‘‘Nondiscrimination on the Basis 

of Sex in Education Programs or Activities 

Receiving Federal Financial Assistance,’’ 49 

CFR part 25, which prohibit discrimination 

on the basis of sex; 

(c) Section 504 of the Rehabilitation Act of 

1973, as amended, 29 U.S.C. 794, which 

prohibits discrimination on the basis of 

disability; 

(d) The Age Discrimination Act of 1975, as 

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

which prohibits discrimination on the basis 

of age; 

(e) The Drug Abuse Office and Treatment 

Act of 1972, as amended, 21 U.S.C. 1101 et 

seq., relating to nondiscrimination on the 

basis of drug abuse; 

(f) The Comprehensive Alcohol Abuse and 

Alcoholism Prevention Act of 1970, as 

amended, 42 U.S.C. 4541 et seq. relating to 

nondiscrimination on the basis of alcohol 

abuse or alcoholism; 

(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 


dwashington3 on PROD1PC60 with NOTICES3
12222 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 

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 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 


dwashington3 on PROD1PC60 with NOTICES3
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 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 ReyesAlicea. 

Region III—Pennsylvania, Maryland, 

Virginia, West Virginia, Delaware, 

Washington, DC, Letitia Thompson, FTA 

Regional Administrator, 1760 Market 

Street, Suite 500, Philadelphia, PA 19103– 

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

656–7260, 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, williams@nushtel.net, http:// 

community.uaf.edu/∼alaskattac. Service 

area: Alaska. 

National Indian Justice Center, Raquelle 

Myers, 5250 Aero Drive, Santa Rosa, CA 

95403, (707) 579–5507 or (800) 966–0662, 

(707) 579–9019, nijc@aol.com, http:// 

www.nijc.org/ttap.html. Service area: 

California, Nevada. 

Tribal Technical Assistance Program at 

Colorado State University, Ronald Hall, 

Rockwell Hall, Room 321, Colorado State 

University, Fort Collins, CO 80523–1276, 

(800) 262–7623, (970) 491–3502, 

ronald.hall@colostate.edu, http:// 

ttap.colostate.edu/. Service area: Arizona, 

Colorado, New Mexico, Utah. 

Tribal Technical Assistance Program (TTAP), 

Bernie D. Alkire, 301–E Dillman Hall, 

Michigan Technological University, 1400 

Townsend Drive, Houghton, MI 49931– 

1295, (888) 230–0688, (906) 487–1834, 

balkire@mtu.edu, http:// 

www.ttap.mtu.edu/. Service area: Alabama, 

Arkansas, Connecticut, Delaware, Florida, 

Georgia, Illinois, Indiana, Iowa, Kentucky, 

Louisiana, Maine, Maryland, 

Massachusetts, Michigan, Minnesota, 

Mississippi, Missouri, New Hampshire, 

New Jersey, New York, North Carolina, 

Ohio, Pennsylvania. 

Northern Plains Tribal Technical Assistance 

Program, Dennis Trusty, United Tribes 

Technical College, 3315 University Drive, 

Bismarck, ND 58504, (701) 255–3285 ext. 

1262, (701) 530–0635, 

nddennis@hotmail.com, http:// 

www.uttc.edu/forum/ttap/ttap.asp. Service 

area: Montana (Eastern), Nebraska 

(Northern), North Dakota, South Dakota, 

Wyoming. 

Northwest Tribal Technical Assistance 

Program, Richard A. Rolland, Eastern 

Washington University, Department of 

Urban Planning, Public & Health 

Administration, 216 Isle Hall, Cheney, WA 

99004, (800) 583–3187, (509) 359–7485, 

rrolland@ewu.edu, http://www.ewu.edu/ 

TTAP/. Service area: Idaho, Montana 

(Western), Oregon, Washington. 

Tribal Technical Assistance Program at 

Oklahoma State University, James Self, 

Oklahoma State University, 5202 N. 

Richmond Hills Road, Stillwater, OK 

74078–0001, (405) 744–6049, (405) 744– 

7268, jim.self@okstate.edu, http:// 

ttap.okstate.edu/. Service area: Kansas, 

Nebraska (Southern), Oklahoma, Texas. 

Other Technical Assistance Resources 

National RTAP (National Rural Transit 

Assistance Program), Contact: Nichole 

Goldsmith, Executive Director, 10 G Street 

NE., Suite 710, Washington, DC 20002, 

Telephone: (202) 248–5044, Fax: (202) 

289–6539, http://www.nationalrtap.org. 

Community Transportation Association of 

America, The Resource Center—800–891– 

0590, http://www.ctaa.org/. 

[FR Doc. E9–6271 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–57–P 


dwashington3 on PROD1PC60 with NOTICES3