Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 19627 

grant recipients or other parties. This 

notice provides additional clarification 

on which projects are eligible under the 

new guidance, however an analysis of 

what barriers remain to full 

implementation of the New Freedom 

program is beyond the scope of this 

notice. 

Regarding concerns over a lack of 

involvement of the disability 

community in the coordinated planning 

process, FTA requires New Freedom 

grant applicants to certify that the 

coordinated plan from which New 

Freedom projects were derived was 

developed through a process that 

includes representatives of public, 

private, and non-profit transportation 

and human services providers and 

participation by members of the public. 

FTA’s New Freedom circular includes 

guidance on ensuring adequate outreach 

to allow for participation and on 

providing explicit consideration and 

response to public input received 

during the development of a 

coordinated plan. However, FTA does 

not review details of a coordinated 

plan’s public involvement process in 

advance of making a grant award 

because doing so could significantly 

delay the award of New Freedom, JARC, 

and Section 5310 program funds to 

recipients and subrecipients. Grant 

recipients are required to certify that the 

coordinated planning process’ public 

participation requirements were met, 

and FTA reviews these certifications 

during Triennial and State Management 

Reviews. If recipients cannot document 

that the requirement was met, then FTA 

issues a finding of deficiency and the 

recipient is required to take corrective 

action. 

FTA received several comments 

regarding the New Freedom program 

that were not germane to the proposed 

policy change, including a request that 

New Freedom funds subsidize capital 

expenses at a 50/50 rather than an 80/ 

20 Federal local match, and that the 

New Freedom circular state specifically 

that the program provides 

reimbursements to grant recipients. FTA 

will consider these comments in the 

context of its ongoing work to provide 

guidance and technical assistance on 

the New Freedom program. 

Final Policy 

New or expanded fixed route service 

and new or expanded demand response 

service constitute new public 

transportation services beyond those 

required by ADA of 1990 (42 U.S.C. 

Section 12101 et seq.) that assist 

individuals with disabilities with 

transportation, and are therefore eligible 

for funding under the New Freedom 

program, provided that these services: 

(1) Are identified in the grant 

applicant’s coordinated public transithuman services transportation plan; 

(2) Are available to the public at large 

but were planned and designed to meet 

the mobility needs of individuals with 

disabilities in response to circumstances 

where existing fixed route and demand 

response transportation is unavailable 

or insufficient to meet the mobility 

needs of individuals with disabilities. 

(3) Were not operational on August 

10, 2005, and did not have an identified 

funding source as of August 10, 2005, as 

evidenced by inclusion in the 

Transportation Improvement Program 

(TIP) or the State Transportation 

Improvement Program (STIP); and 

(4) Are not designed to allow an 

agency to meet its obligations under the 

ADA or the DOT ADA implementing 

regulations at 49 CFR parts 37 and 38. 

Examples of such services would be a 

fixed route service that is open to the 

general public but that is extended to 

serve a congregate living facility or a 

workplace serving large numbers of 

individuals with disabilities, or demand 

response service that is available to the 

general public but whose service 

coverage or span of service is designed 

in response to mobility needs expressed 

by individuals with disabilities. FTA 

notes that expanded fixed route service 

may result in expanded ADA 

complementary paratransit service; 

since the ADA complementary 

paratransit service is required under the 

ADA, it would not be eligible for New 

Freedom funding. All new or expanded 

fixed route and demand responsive 

services funded under the New Freedom 

program will be subject to the 

requirements of the ADA and DOT ADA 

implementing regulations. 

Issued in Washington, DC, this 17th day of 

April 2009. 

Matthew J. Welbes, 

Acting Deputy Administrator. 

[FR Doc. E9–9774 Filed 4–28–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Public Transportation on Indian 

Reservations Program; Tribal Transit 

Program 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Funding Availability: 

Solicitation of Grant Applications for 

FY 2009 Tribal Transit Program Funds. 

SUMMARY: This notice announces the 

availability of $15 million in funding 

provided by 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 it includes the grant terms and 

conditions; grant application 

procedures; and selection criteria for 

Fiscal Year (FY) 2009 projects. The 

Federal Transit Administration (FTA) 

announced the availability of, and 

competition for, the FY 2009 American 

Recovery and Reinvestment Act (ARRA) 

TTP funding in a separate notice 

published on March 23, 2009. 

ADDRESSES: Applicants may submit 

applications in one of two ways: (1) 

Delivering five hard copies to FTA, 1200 

New Jersey Avenue, SE., Washington, 

DC, 20590, Attn: Lorna R. Wilson; (2) 

sending by e-mail to 

fta.tribalprogram@dot.gov. FTA will not 

accept applications via facsimile. 

DATES: Applicants must submit 

completed applications by June 29, 

2009. FTA will announce grant 

selections in the Federal Register when 

the competitive selection process is 

complete. 

Applicants should be aware that 

materials sent through the U.S. Postal 

Service are subject to significant delays 

in delivery due to the security screening 

process. Use of courier or express 

delivery services is recommended. 

FOR FURTHER INFORMATION CONTACT: 

Contact the appropriate FTA Regional 

Tribal Liaison (Appendix B) for 

application-specific information. For 

general program information, contact 

Lorna R. Wilson, Office of Transit 

Programs, at (202) 366–2053, e-mail: 

Lorna.Wilson@dot.gov. A TDD is 

available at 1–800–877–8339 (TDD/ 

FIRS). 

SUPPLEMENTARY INFORMATION

Table of Contents 

I. Overview 

II. Background 

III. Funding Opportunity Description 

A. Authorized Funding for FY 2009 

IV. Award Information 

V. Eligibility Information 

A. Eligible Applicants 

B. Eligible Projects 

VI. Local Match 

VII. Terms and Conditions 

VIII. Guidelines for Preparing Grant 

Application 

IX. Application Content 

A. Application Information 

B. Technical, Legal, and Financial Capacity 


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C. Project Information 

D. Application Evaluation Criteria 

E. Intergovernmental Review 

F. Funding Restrictions 

X. How Proposals Will Be Evaluated 

A. Competitive Selection Process 

B. Evaluation Criteria 

i. Criterion 1: Project Planning and 

Coordination 

ii. Criterion 2: Demonstration of Need 

iii. Criterion 3: Benefits of Project 

iv. Criterion 4: Financial Commitment and 

Operating Capacity 

C. Proposals for Planning Grants 

D. Continuation Projects 

E. Review and Selection Process 

XI. Award Administration Information 

XII. Other Information 

A. Technical Assistance 

B. Certifications and Assurances 

C. Reporting 

D. Agency Contact(s) 

Appendices 

Appendix A. Federal Fiscal Year 2009 

Certifications and Assurances for the 

Federal Transit Administration Public 

Transportation on Indian Reservation 

Program 

Appendix B. FTA Regional Offices and 

Tribal Liaison 

Appendix C. Technical Assistance 

Contacts 

I. Overview 

Section 3013 of SAFETEA–LU, [Pub. 

L. 109–59 (August 10, 2005)] amended 

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

Public Transportation on Indian 

Reservations Program (TTP). This 

program authorizes direct grants ‘‘under 

such terms and conditions as may be 

established by the Secretary’’ to Indian 

tribes for any purpose eligible under 

FTA’s Nonurbanized Area Formula 

Program, 49 U.S.C. 5311 (Section 5311 

program). The authorized funding 

increased from $8 million in FY 2006 to 

$15 million in FY 2009. The Conference 

Report that accompanied SAFETEA–LU 

indicated that the funds set aside for 

Indian tribes in the TTP are not meant 

to replace or reduce funds that Indian 

tribes receive from States through FTA’s 

Nonurbanized Area Formula Program. 

II. Background 

SAFETEA–LU authorized tribes to be 

direct recipients of Section 5311 

program funds and also created the TTP 

as a take down off of that program. FTA 

has funded grants under the TTP since 

FY 2006. For more information on the 

program and a list of projects funded 

using previous years TTP funds, go to: 

http://www.fta.dot.gov/funding/grants/ 

grants_financing_3553.html. 

III. Funding Opportunity Description 

A. Authorized Funding for FY 2009 

TTP funds are to be apportioned for 

grants to Federally recognized Indian 

tribes for any purpose eligible under the 

Section 5311 program. In FY 2009, TTP 

funds are to be apportioned for grants to 

Federally recognized Indian tribes for 

any purpose eligible under the Section 

5311 program. In FY 2009, a total of 

$15,024,797 is available for competitive 

award. This total includes $24,797 from 

previously awarded FY 2006 funds that 

have lapsed and is now made available 

for reallocation to projects selected 

through the competitive process 

announced and described in this notice. 

IV. Award Information 

The number and size of awards will 

be determined through a competitive 

process. Funding is available for startup services, enhancements or expansion 

of existing transit services, and for 

planning studies and operational 

planning. Planning grants will be 

limited to $25,000 per applicant. 

Priority for FY 2009 funding will be 

given to continuation projects selected 

in FY 2006–FY 2008 that are in an 

active status. All tribes seeking FY 2009 

funds must submit grant applications to 

FTA by June 29, 2009. Tribes applying 

for ARRA TTP funds must abide by the 

grant application submission deadlines 

as outlined under the separate ARRA 

TTP notice. 

V. 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 

tribe may submit a copy of the most upto-date Federal Register notice 

published by DOI, BIA: Entities 

Recognized and Eligible to Receive 

Service from the United States Bureau 

of Indian Affairs. 

B. Eligible Projects 

Eligible recipients may use TTP funds 

for any purpose authorized under the 

Section 5311 program. This means that 

grants can be awarded to recipients 

located in rural and small urban areas 

with populations under 50,000 not 

identified as an urbanized area by the 

Bureau of the Census. The grants may be 

used for public transportation capital 

projects, operating costs of equipment 

and facilities for use in public 

transportation, planning, and the 

acquisition of public transportation 

services, including service agreements 

with private providers of public 

transportation services. Under 

Department of Transportation (DOT) 

Americans with Disabilities Act of 1990 

(ADA) regulations, public fixed route 

operators are required to provide ADA 

complementary paratransit service to 

individuals who can not use the fixed 

route due to their disability. 

Coordinated human service 

transportation that primarily serves 

elderly persons and persons with 

disabilities, but that is not restricted 

from carrying other members of the 

public, is considered available to the 

general public if it is marketed as public 

transportation. 

VI. Local Match 

No local match is required for this 

program. However, FTA encourages 

tribes to leverage the program funds and 

demonstrate commitment to the project 

through in-kind contributions and use 

of other funding sources that are 

available to support public 

transportation service. 

VII. Terms and Conditions 

Section 3013 of SAFETEA–LU 

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

authorizing funds for the TTP ‘‘under 

such terms and conditions as may be 

established by the Secretary.’’ Pursuant 

to this discretionary statutory authority 

in SAFETEA–LU, FTA published a 

Federal Register notice dated March 22, 

2006 (71 FR 14618), ‘‘Public 

Transportation on Indian Reservations 

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

Public Meetings, Proposed Grant 

Program Provisions,’’ and proposed 

certain statutory and regulatory terms 

and conditions that should apply to 

grants awarded under the TTP. 

FTA received a substantial number of 

comments from Indian tribes and other 

groups concerning certain proposed 

terms and conditions for the TTP. FTA 

addressed these comments in a Federal 

Register notice dated August 15, 2006 

(71 FR 46878) and established 

appropriate grant requirements for the 

TTP. 

The following terms and conditions 

apply to the TTP: 

1. Common Grant Rule (49 CFR part 

18), ‘‘Uniform Administrative 

Requirements for Grants and 

Cooperative Agreements to State and 

Local Governments.’’ This is a 

government-wide requirement that 

applies to all Federal assistance 

programs. 

2. Civil Rights Act of 1964, as 

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

Indian tribes are specifically exempted 

from civil rights statutes, compliance 

with civil rights statutes is required, 

including compliance with equity in 


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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 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. 

5302 specifically excludes school bus 

and charter service. 

7. National Transit Database (NTD) 

Reporting requirement. Title 49 U.S.C. 

5335 requires NTD reporting for 

recipients of Section 5311 funds. The 

TTP is a Section 5311 program that will 

provide funds directly to Indian tribes. 

Therefore, this reporting requirement 

applies. 

8. Bus Testing requirements (49 CFR 

part 665). To ensure that vehicles 

acquired under this program will meet 

adequate safety and operational 

standards, this requirement will apply. 

9. Labor Protections (49 U.S.C. 

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. 

VIII. Guidelines for Preparing Grant 

Application 

FTA will divide the applications into 

three categories for the purpose of 

reviewing and selecting projects to be 

funded: 

A. Start ups—applications for funding 

of new transit service include capital, 

operating, administration, and planning; 

B. Existing transit services— 

applications for funding of 

enhancements or expansion of existing 

transit services include capital, 

operating, administration, and planning; 

and 

C. Planning—applications for funding 

include planning studies and 

operational planning. 

The application should provide 

information on all items for which tribes 

are requesting funding in FY 2009, and 

indicate the specific category in which 

the tribe is applying. 

IX. Application Content 

The following information must 

accompany all requests for TTP funding. 

Note: FTA encourages a tribe that is 

applying for TTP funding under both this 

announcement and the ARRA TTP 

announcement, published separately, to 

establish linkages between the two proposals. 

The project description and budget must 

clearly indicate activities, for which the tribe 

seeks ARRA TTP funding and activities 

proposed to be funded with TTP funds where 

the success of the project is dependent on 

receiving both funding sources. 

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 technical, legal, and 

financial capacity to implement the 

proposed project. 

1. Legal Capacity: Provide 

documentation or other evidence to 

show that the applicant is a Federally 

recognized tribe. Also, the authorized 

representative to execute legal 

agreements with FTA on behalf of the 

tribe. If applying for capital or operating 

funds, does the tribe have appropriate 

Federal or State operating authority? 

2. Technical Capacity: Give examples 

of the tribe’s management of other 

Federal projects. What resources does 

the tribe have to implement a transit 

project? 

3. Financial Capacity: Does the tribe 

have adequate financial systems in 

place to receive and manage a Federal 

grant? Describe the tribe’s financial 

systems and controls. 

C. Project Information 

1. Budget: Provide the Federal amount 

requested for each purpose for which 

funds are sought and any funding from 

other sources that will be provided. If 

applying for a multi-year project (not to 

exceed 2 years), show annual request for 

each year by budget line item. 

2. Project Description: Indicate the 

category for which funding is requested; 

i.e., start-ups, enhancements or 

replacements of existing transit services 

or planning studies or operational 

planning grants. Provide a summary 

description of the proposed project and 

how it will be implemented (e.g., 

number and type of vehicles, service 

area, schedules, type of services, fixed 

route or demand responsive), route 

miles (if fixed route), major origins and 

destinations, population served, and 

whether the tribe provides the service 

directly or contracts for services and 

how will vehicles be maintained. 

3. Project Timeline: Include 

significant milestones such as date of 

contract for purchase of vehicle(s), 

actual or expected delivery date of 

vehicles, and service start up dates. 

D. Application Evaluation Criteria 

Applications for funding of transit 

services should address the application 

criteria based on project to be funded 

(for more detail see section X) 

1. Criterion 1: Project Planning and 

Coordination 

2. Criterion 2: Demonstration of Need 

3. Criterion 3: Benefits of Project 

4. Criterion 4: Financial Commitment 

and Operating Capacity 

Applications for planning grants 

should address the criteria in section X, 

C of this notice. 

E. Intergovernmental Review 

This program is not subject to 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ 


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F. Funding Restrictions 

FTA will consider applications for 

funding only from eligible recipients for 

eligible activities (see section V). Due to 

funding limitations, applicants that are 

selected for funding may receive less 

than the amount requested. Current TTP 

grantees applying for FY 2009 projects 

must be in an active status to receive 

additional funding. 

X. How Proposals Will Be Evaluated 

A. Competitive Selection Process 

FTA intends to award $15 million in 

TTP funding. If a tribe applies for 

funding both under this announcement 

(TTP) and under the ARRA 

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 B and C. 

FTA will divide applications into 

three categories. The three evaluation 

categories are as follows: 

• Start-ups—Applications for funding 

of new transit service include capital, 

operating, administration, and planning. 

• Existing transit services— 

Applications for funding of 

enhancements or expansion of existing 

transit services include capital, 

operating, administration, and planning. 

• Planning—Applications for 

planning include funding of transit 

planning studies and/or operational 

planning. 

Applications will be grouped into 

their respective category for review and 

scoring purposes. Applications for 

planning will be evaluated using a pass/ 

fail system, whereas start-up and 

existing transit services applications 

will be scored based on the evaluation 

criteria described below to determine 

rank for funding award determination 

purposes. An applicant can receive up 

to 25 points for each evaluation 

criterion, up to a total score of 100. 

B. Evaluation Criteria for Start-up and 

Enhancements to Existing Transit 

Services 

1. Project Planning and Coordination 

(25 points) 

In this section, the applicant should 

describe how the proposed project was 

developed and demonstrate that there is 

a sound basis for the project and that it 

is ready to implement if funded. 

Information may vary depending upon 

whether the tribe has a formal plan that 

includes transit. 

a. Applicants without a formal plan 

that includes transit are advised to 

consider and address the following 

areas: 

i. Provide a detailed project 

description including the proposed 

service, vehicle and facility needs, and 

other pertinent characteristics of the 

proposed service implementation. 

ii. Identify existing transportation 

services available to the tribe and 

discuss whether the proposed project 

will provide opportunities to coordinate 

service with existing transit services, 

including human service agencies, 

intercity bus services, or other public 

transit providers. 

iii. Discuss the level of support either 

by the community and/or tribal 

government for the proposed project. 

iv. Describe the implementation 

schedule for the proposed project, such 

as time frame, staffing, and 

procurement. 

b. Applicants with a formal transit 

plan are advised to consider and 

address the following areas: 

i. Describe the planning document 

and/or the planning process conducted 

to identify the proposed project. 

ii. Describe how the mobility and 

client-access needs of tribal human 

service agencies were considered in the 

planning process. 

iii. Describe what opportunities for 

public participation were provided in 

the planning process and how the 

proposed transit service or existing 

service has been coordinated with 

transportation provided for the clients 

of human service agencies, with 

intercity bus transportation in the area, 

or with any other rural public transit 

providers. 

iv. Describe how the proposed service 

complements rather than duplicates any 

currently available services. 

v. Describe the implementation 

schedule for the proposed project, 

including time frame, staffing, 

procurement, etc. 

vi. Describe any other planning or 

coordination efforts that were not 

mentioned above. 

c. Based on the information provided 

as discussed in the above section, 

proposals will be rated on the following: 

i. Is there a sound basis for the 

proposed project? 

ii. Is the project ready to implement? 

2. Demonstration of Need (25 points) 

In this section, the application should 

demonstrate the transit needs of the 

tribe and discuss how the proposed 

transit improvements will address the 

identified transit needs. Applications 

may include information such as 

destinations and services not currently 

accessible by transit, need for access to 

jobs or health care, special needs of the 

elderly and individuals with 

disabilities, income-based community 

needs, or other mobility needs. 

Based on the information provided, 

the proposals will be rated on the 

following: 

a. Is there a demonstrated need for the 

project? 

b. How well does the project fulfill 

the need? 

3. Benefits of Project (25 points) 

In this section, applications should 

identify expected project benefits. 

Possible examples include increased 

ridership and daily trips, improved 

service, improved operations and 

coordination, and economic benefits to 

the community. 

Benefits can be demonstrated by 

identifying the population of tribal 

members and non-tribal members in the 

proposed project service area and 

estimating the number of daily one-way 

trips the transit service will provide and 

or the number of individual riders. 

There may be many other, less 

quantifiable, benefits to the tribe and 

surrounding community from this 

project. Please document, explain or 

show the benefits in whatever format is 

reasonable to present them. 

Based on the information provided 

proposals will be rated based on: 

a. Will the project improve transit 

efficiency or increase ridership? 

b. Will the project improve mobility 

for the tribe? 

c. Will the project improve access to 

important destinations and services? 

d. Are there other qualitative benefits? 

4. Financial Commitment and Operating 

Capacity (25 points) 

In this section, the application should 

identify any other funding sources used 

by the tribe to support existing or 

proposed transit services, including 

human service transportation funding, 

Indian Reservation Roads, or other FTA 

programs such as Job Access and 

Reverse Commute (JARC), New 

Freedom, section 5311, section 5310, or 

section 5309 Bus and Bus Related 

Equipment. 

For existing services, the application 

should show how TTP funding will 

supplement (not duplicate or replace) 

current funding sources. If the transit 

system was previously funded under 

section 5311 through the State’s 

apportionment, describe how requested 


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TTP funding will expand available 

services. 

Describe any other resources the tribe 

will contribute to the project, including 

in-kind contributions, commitments of 

support from local businesses, 

donations of land or equipment, and 

human resources, and describe to what 

extent the new project or funding for 

existing service leverages other funding. 

The tribe should show its ability to 

manage programs by demonstrating the 

existing programs it administers in any 

area of expertise such as human 

services. Based upon the information 

provided, the proposals will be rated on 

the extent to which the proposal 

demonstrates that: 

a. This project provides new services 

or complements existing service; 

b. TTP funding does not replace 

existing funding; 

c. The tribe has or will provide 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. Proposals for Planning Grants 

For planning grants, the application 

should describe, in no more than three 

pages, the need for and a general scope 

of the proposed study. 

1. Criteria: Need for Planning Study 

Based on the information provided, 

proposals will be rated pass/fail based 

on the following: 

a. Is the tribe committed to planning 

for transit? 

b. Is the scope of the proposed study 

for tribal transit? 

D. Continuation Projects 

If an applicant is proposing a 

continuation project, using FY 2009 

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. 

E. 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. 

FTA will make an effort to award grants 

to as many qualified applicants as 

possible. FTA reserves the right to select 

any capital activities included in either 

the ARRA TTP and FY 2009 TTP 

application to receive ARRA TTP or FY 

2009 TTP funding, depending on the 

total demand in response to both 

announcements. 

XI. Award Administration Information 

FTA will award grants directly to 

Federally recognized Indian tribes for 

the projects selected through this 

competition. Following publication of 

the selected recipients, projects, and 

amounts, FTA regional staff will assist 

the successful applicants in preparing 

electronic applications for grant awards. 

At that time, the tribe will be required 

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. 

XII. Other Information 

A. Technical Assistance 

Technical assistance regarding these 

requirements is available from each FTA 

regional office. The regional offices will 

contact those applicants selected for 

funding regarding procedures for 

making the required certifications and 

assurances to FTA before grants are 

made and will provide assistance in 

preparing the documentation necessary 

for the grant award. 

B. Certifications and Assurances 

Applicants selected for grant awards 

under the TTP will be required to 

formally designate, by resolution or 

other formal tribal action, an authorized 

representative who will have the 

authority to execute grant agreements on 

behalf of the Indian tribe with FTA and 

who will also have the authority on 

behalf of the Indian tribe to execute 

FTA’s Annual List of Certifications and 

Assurances. The Annual List of 

Certifications and Assurances is 

attached in Appendix A for 

informational purposes only 

C. Reporting 

Title 49 U.S.C. 5335 requires 

recipients, of Section 5311 program 

funds including tribes, to report data, as 

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

NTD. Specific procedures and data 

requirements for tribes are being 

developed and will be available on the 

NTD Web site. For technical assistance, 

contact Lauren Tuzikow at 703–462– 

5233, e-mail: 

Lauren.tuzikow@TSPUSA.com. For 

NTD program information, contact Gary 

DeLorme at 202–366–1652. Annual 

progress reports and financial status 

reports will be required of all recipients. 

D. Agency Contact(s) 

Contact the appropriate FTA regional 

Tribal Liaison (Appendix 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 21 day of 

April, 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 


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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 

(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 


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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 

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 


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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 

(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. 

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: 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. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 19635 

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: Eric Eidlin. 

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. E9–9773 Filed 4–28–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Additional Designation of Persons and 

Identification of New Aliases Pursuant 

to Executive Order 13382 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the names of six 

newly-designated entities, one newlydesignated person, and eight additional 

aliases for a previously-designated 

entity whose property and interests in 

property are blocked pursuant to 

Executive Order 13382 of June 28, 2005, 

‘‘Blocking Property of Weapons of Mass 

Destruction Proliferators and Their 

Supporters.’’ 

DATES: The designation by the Director 

of OFAC of the six entities, one person, 

and eight new aliases identified in this 

notice pursuant to Executive Order 

13382 is effective on April 7, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: (202) 622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/offices/ 

enforcement/ofac) or via facsimile 

through a 24-hour fax-on demand 

service, tel.: (202) 622–0077. 

Background 

On June 28, 2005, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’), issued Executive Order 

13382 (70 FR 38567, July 1, 2005) (the 

‘‘Order’’), effective at 12:01 a.m. eastern 

daylight time on June 29, 2005. In the 

Order, the President took additional 

steps with respect to the national 

emergency described and declared in 

Executive Order 12938 of November 14, 

1994, regarding the proliferation of 

weapons of mass destruction and the 

means of delivering them. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in an Annex to the 

Order; (2) any foreign person 

determined by the Secretary of State, in 

consultation with the Secretary of the 

Treasury, the Attorney General, and 

other relevant agencies, to have 

engaged, or attempted to engage, in 

activities or transactions that have 

materially contributed to, or pose a risk 

of materially contributing to, the 

proliferation of weapons of mass 

destruction or their means of delivery 

(including missiles capable of delivering 

such weapons), including any efforts to 

manufacture, acquire, possess, develop, 

transport, transfer or use such items, by 

any person or foreign country of 

proliferation concern; (3) any person 

determined by the Secretary of the 

Treasury, in consultation with the 

Secretary of State, the Attorney General, 

and other relevant agencies, to have 

provided, or attempted to provide, 

financial, material, technological or 

other support for, or goods or services 

in support of, any activity or transaction 

described in clause (2) above or any 

person whose property and interests in 

property are blocked pursuant to the 

Order; and (4) any person determined 

by the Secretary of the Treasury, in 

consultation with the Secretary of State, 

the Attorney General, and other relevant 

agencies, to be owned or controlled by, 

or acting or purporting to act for or on 

behalf of, directly or indirectly, any 

person whose property and interests in 

property are blocked pursuant to the 

Order. 

On April 7, 2009, the Director of 

OFAC, in consultation with the 

Departments of State, Justice, and other 

relevant agencies, designated six entities 

and one individual whose property and 

interests in property are blocked 

pursuant to Executive Order 13382. 

The list of additional designees is as 

follows: 

1. AMIN INDUSTRIAL COMPLEX 

(a.k.a. AMIN INDUSTRIAL COMPANY; 

a.k.a. AMIN INDUSTRIAL 


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