FR Doc 06-6911

[Federal Register: August 15, 2006 (Volume 71, Number 157)]
[Notices]
[Page 46959-46973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au06-79]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2006-24143]

Public Transportation on Indian Reservations Program; Tribal
Transit Program

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of funding availability: Solicitation of grant
applications for FY 2006 tribal Transit Program Funds.

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SUMMARY: This Notice accomplishes several purposes. First, the U.S.
Department of Transportation, Federal Transit Administration (FTA)
summarizes and responds to written comments FTA received in response to
a March 22, 2006, Federal Register Notice regarding proposed grant
program provisions for this new program and to oral comments FTA
received during two announced public meetings on this program that were
held on April 4, 2006, in Denver, Colorado, and on April 7, 2006, in
Kansas City, Missouri. Second, this Notice announces the availability
of funds in fiscal year (FY) 2006 for the Public Transportation on
Indian Reservations Program, a new program authorized by the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users. Finally, this Notice announces a national solicitation for
applications, with grantees and projects to be selected on a
competitive basis; the grant terms and conditions that will apply to
this new program; and grant application procedures and selection
criteria for FY 2006 projects.

ADDRESSES: This announcement is available on the FTA's Web site at:
http://www.fta.dot.gov. FTA will announce final selections on the Web

site and in the Federal Register. A synopsis of this announcement will
be posted on the governmentwide electronic grants Web site at: http://www.GRANTS.GOV.
Applications may be submitted in one of three ways:

electronically through GRANTS.GOV, in hard copy to Federal Transit
Administration, 400 Seventh Street, SW., Room 9315,Washington, DC
20590, Attention: Lorna R. Wilson; or sending by e-mail to
fta.tribalprogram@dot.gov.

DATES: Complete applications for Public Transportation on Indian
Reservations Program grants must be submitted in hard copy to the FTA,
via e-mail by October 16, 2006, or submitted electronically through the
GRANTS.GOV Web site by October 16, 2006. Anyone intending to apply
electronically should initiate the process of registering on the
GRANTS.GOV site immediately to ensure completion of registration before
the deadline for submission. FTA will announce grant selections in the
Federal Register when the competitive selection process is complete.
Applicants should be aware that materials sent through the U.S.
Postal Service are subject to significant delays in delivery due to the
security screening process. Use of courier or express delivery services
is recommended if unable to apply electronically.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA regional
Tribal Liaison (Appendix A) for application-specific information and
issues. For general program information, contact Lorna R. Wilson,
Office of Transit Programs, (202) 366-2053, e-mail:
Lorna.Wilson@dot.gov. A TDD is available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview
II. Background
III. Comments and Responses
A. Process and Criteria
B. Terms and Conditions
C. Other Issues
IV. Funding Opportunity Description
A. Authorized Funding for FY2006
B. Background
V. Award Information
VI. Eligibility Information
A. Eligible Applicants
B. Eligible Projects
VII. Cost Sharing or Matching
VIII. Terms and Conditions
IX. Application Submission Information
X. Guidelines for Preparing Grant Application
XI. Application Content
A. Application Information
B. Technical, Legal, and Financial Capacity
C. Project Information
D. Application Evaluation Criteria
E. Submission Dates
F. Intergovernmental Review
G. Funding Restrictions
H. Other Submission Requirements
XII. Application Review Process
A. Competitive Selection Process
B. Evaluation Criteria
1. Criterion 1: Project Planning and Coordination
2. Criterion 2: Demonstration of Need
3. Criterion 3: Benefits of Project
4. Criterion 4. Financial Commitment and Operating Capacity
C. Proposals for Planning Grants
D. Review and Selection Process
XIII. Award Information
XIV. Other Information
A. Technical Assistance
B. Standard Assurances
C. Reporting
D. Agency Contacts
Appendices
Appendix A. FTA Regional Offices and Tribal Liaison
Appendix B. Federal Fiscal Years 2006 and 2007 Certifications
and Assurances for the Federal Transit Administration Public
Transportation on Indian Reservations Program
Appendix C. Technical Assistance Contacts

I. Overview

Section 3013 of SAFETEA-LU amended 49 U.S.C. 5311(c) by
establishing the Public Transportation on Indian Reservations Program
(hereinafter referred to as the Tribal Transit Program). This new
program authorizes direct grants ``under such terms and conditions as
may be established by the Secretary'' to Indian tribes for any purpose
eligible under FTA's Nonurbanized Area Formula Program, 49 U.S.C. 5311.
The funding level authorized for this new program will increase from $8
million in FY 2006 to $15 million in FY 2009. The Conference Report to
SAFETEA-LU indicated that the funds set aside for Indian tribes in the
Tribal Transit Program are not meant to replace or reduce funds that
Indian tribes receive from States through FTA's Nonurbanized Area
Formula Program.

[[Page 46960]]

II. Background

FTA published a Notice in the Federal Register dated November 30,
2005 (70 FR 71950), ``FTA Transit Program Changes, Authorized Funding
Levels and Implementation of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users: Notice'' which announced
changes to current FTA programs and new programs, including the Tribal
Transit Program. In the November 30, 2005, Federal Register Notice, FTA
set forth and requested public comments on the proposed basis for
formula apportionment for the Tribal Transit Program, eligible grant
purposes, and proposed program requirements.
On March 22, 2006, FTA published a Notice in the Federal Register
(71 FR 14618), ``Public Transportation on Indian Reservations Program
(49 U.S.C. 5311(c)(1): Notice of Public Meetings, Proposed Grant
Program Provisions; Notice.'' FTA responded to comments that were
received from the public in response to the November 30, 2005 Federal
Register Notice, and requested additional comment on the following
issues: the proposed basis for allocating funds; grantee eligibility;
eligible purposes for grant funds; proposed terms and conditions for
the grant program, and local share options. The Notice also announced
two one-day outreach meetings on the Tribal Transit Program. The
comment period on the March 22, 2006, Federal Register Notice ended on
April 21, 2006, but comments submitted after that date were considered.

III. Comments and Responses

FTA received 28 written comments in response to the March 22, 2006,
Federal Register Notice and additional oral comments were received from
the Indian tribes and other organizations at the two public outreach
meetings that were held in April 2006. A summary of the oral comments
were placed in the docket for this Notice. All of the written and oral
comments received by FTA during the comment period can be divided into
the following categories: (a) The process and the criteria that should
be established by FTA to allocate funding under the Tribal Transit
Program; (b) the terms and conditions that should be applied to grants
awarded under the Tribal Transit Program, which includes the proposed
options for local match; and (c) other issues that were not
specifically proposed or addressed in the March 22, 2006 Federal
Register Notice. The comments received from the Indian tribes and
others were generally very favorable to the establishment and
implementation of this new program and proposed program requirements.
However, the Indian tribes and others strongly disagreed with some of
FTA's proposals in the March 22, 2006, Federal Register Notice. The
Indian tribes also offered recommendations and changes to FTA's
proposals based on their unique perspective and experience in providing
public transportation on Indian reservations.

A. Process and Criteria

The March 22, 2006, Federal Register Notice proposed a single
annual competitive selection process to fund both new and existing
tribal transit systems and suggested not establishing minimum or
maximum awards. In addition, the Notice proposed the following five
criteria that would be evaluated and rated by FTA in making an award
selection: Demonstration of need; benefits of the project; adequacy of
project planning; financial commitment; and coordination. The Indian
tribes were mostly in agreement on FTA's proposal to make single annual
competitive selections for awards under the Tribal Transit Program.
However, there were divergent comments received concerning the criteria
proposed by FTA for project funding under this new program. We will
address the comments that were submitted by the Indian tribes and
others in the following section of this document.
Comment: There were multiple comments concerning FTA's proposal for
allocating funds in this new program. Several comments from small
Indian tribes observed that FTA's criteria appeared to be biased in
favor of existing tribal transit systems. Comments from larger Indian
tribes stated that the criteria should be based on established transit
systems or for tribes that have identified their transit needs in the
Tribal Transportation Improvement Program. Other comments suggested an
additional criterion that would consider the reasonableness of the
amount requested or that projects should be funded for multiple years
to ensure successful implementation of transit projects.
Response: FTA will ensure that there will be an equitable
distribution of funds in this new program for eligible transit projects
that are planned, constructed, or operated by the Indian tribes. FTA
has decided to include the following four criteria: project planning
and coordination; demonstration of need; benefits of project; and
financial commitment and operating capacity.
In addition, to further ensure an equitable distribution of funds
in this new program, FTA will separately evaluate proposals under the
following three categories: (1) Start-up operations; (2) enhancements
or expansions of existing transit services; and (3) transit planning
and/or operational planning grants. The application process will also
allow a tribal government to apply for multiple years of funding,
subject to the availability of appropriations.

B. Terms and Conditions

Comment: There was a clear consensus that strongly disagreed with
FTA's interpretation of section 5311(c) prohibiting the use of funds in
the Tribal Transit Program for planning purposes. Commenters argued
that the statute permits funds in the Tribal Transit Program to be used
for any purpose eligible under section 5311. The commenters stated that
other subsections of section 5311 permit the use of section 5311 funds
for planning. Therefore, planning should be an eligible purpose under
section 5311(c).
Response: FTA's interpretation that planning was not an eligible
use of Tribal Transit Program funds was based on the program's history.
As originally enacted, Nonurbanized Area Formula Program funds could be
used only for capital and operating purposes. Although planning was
permitted under certain situations set forth in subsections (e) and (f)
of section 5311, FTA viewed the limited eligibility of planning in
these subsections as an exception to the general rule that planning was
not an eligible purpose. It followed that ``any purpose eligible under
[section 5311]'' meant that section 5311(c)(1) funds could only be used
for capital and operating purposes.
Based on the comments submitted to the docket from the Indian
tribes and other organizations, and comments heard at the two public
outreach meetings held in April 2006 concerning the issue that planning
should be eligible under this new program, FTA reviewed section
5311(c), as amended by SAFETEA-LU, to determine whether a more
expansive interpretation of the statute might be justified. Under a
general rule of statutory construction that gives weight to the plain
meaning of a statute, we construe the word ``any'' in section
5311(c)(1) to be synonymous with ``all'' eligible purposes under
section 5311. This rule of statutory construction is consistent with
U.S. Supreme Court decisions which have long held that there is no more
persuasive evidence of the purpose of a statute than the words by which
the legislature undertook to give expression

[[Page 46961]]

to its wishes. U.S. v. American Trucking Ass'ns., 310 U.S. 534, 543
(1940). By applying this rule of statutory construction, FTA has
determined that a broader interpretation of this statute will more
effectively carry out the purpose of this new program. FTA therefore
interprets Section 5311(c) to allow funds apportioned to Indian tribes
to be used for ``any'' purpose identified under section 5311, which
includes planning activities.
FTA notes, however, that because section 5311(c)(1) also states
that the Tribal Transit Program funds are to be apportioned under such
terms and conditions established by FTA, FTA has the discretion to
limit the amount of funds available for each eligible purpose under
this program. Accordingly, FTA will limit the amount of funds that are
available for planning in the Tribal Transit Program to 15 percent of
the grant award. In addition, for grants that are exclusively for
planning purposes, FTA will limit the amount of funds to $25,000 per
applicant.
Comment: Many of the Indian tribes, and several State Departments
of Transportation, commented on FTA's proposal for planning
requirements. They disagreed with FTA's proposal that Tribal
Transportation Improvement Plans (TTIP) or Long Range Transportation
Plans be attached or included in the Statewide Transportation
Improvement Program (STIP). The State DOT's specifically contended that
a TTIP which did not meet various legal requirements (e.g., public
participation, fiscally constrained plans) could potentially disqualify
the State's STIP process. Therefore, they suggested that this proposed
planning requirement be omitted entirely or, alternatively, that the
TTIP be attached to a STIP for informational purposes only and that the
TTIP not be considered a formal part of the STIP.
Response: FTA agrees with this concern. FTA recognizes that Indian
tribes are not subject to Federal planning requirements. To require the
attachment of tribal transportation plans to a STIP could not only
cause unnecessary delay to the grant making process but also
potentially invalidate the State's STIP. Accordingly, FTA will not
require Indian tribes to attach tribal transportation plans to a STIP.
However, because it would assist both the Indian tribes and State
Departments of Transportation to coordinate and assess their planned
transportation projects, FTA encourages Indian tribes, for
informational purposes only, to submit a copy of their tribal
transportation plans to State Departments of Transportation.
Comment: Many comments were received from the Indian tribes on
FTA's two proposed options for local share. Most of the comments
opposed both options and recommended that FTA eliminate the local share
requirement. Others generally favored a 20 percent local match for both
capital and operating expenses.
Response: FTA's first option proposed a Federal share of 80 percent
and a local share of 20 percent for both capital and operating
assistance projects. The second option proposed the highest Federal
share allowed under the Title 23 Section sliding scale for States with
large public lands. The second option would thus allow a Federal share
of 95 percent for capital projects and a federal share of 60 percent
for operating assistance projects. Under both of the two proposed
options, FTA believes that a Tribal financial contribution was
important to register commitment to projects. However, FTA recognizes
that many Indian tribes have limited financial resources. In fact,
because tribes often lack financial resources, other Federal assistance
programs, such as the Federal Highway Administration Indian
Reservations Road program, require no Tribal contribution. Since these
concerns outweigh FTA's interest in a financial expression of a tribal
commitment to the program, FTA will not require a non-Federal matching
share for Tribal Transit Program grants. FTA believes that the intent
of this new program will be more quickly achieved without a tribal
share matching requirement.
Comment: Two commenters disagreed with FTA's proposal not to apply
the labor protective provisions in 49 U.S.C. section 5333(b) to grants
under this new program. It was argued that the Tribal Transit Program
is a program under section 5311 (which is subject to statutory labor
protections) and there is no indication that Congress specifically
intended for section 5333(b) labor protections to not apply to this new
program.
Response: FTA stated in the March 22, 2006 Federal Register Notice
that direct grants from FTA to Indian tribes do not involve State-
subrecipient relationships. Therefore, the administrative procedures
the U.S. Department of Labor (DOL) uses to apply the section 5311
special warranty do not apply.
Accordingly, FTA proposed not to apply the labor protective
provisions of 49 U.S.C. 5333(b) to this new program. However, FTA is
aware that DOL is currently initiating a Notice of Proposed Rulemaking
to revise its labor protective arrangements for all FTA grants
(including the special warranty that is applied in the section 5311
program). Also, although Congress chose not to apply section 5333(b) to
several other new programs enacted in SAFETEA-LU, Congress amended
section 5311(i) to apply section 5333(b) ``if the Secretary of Labor
utilizes a special warranty that provides a fair and equitable
arrangement to protect the interests of employees.'' Congress did not
exempt the Tribal Transit Program from this requirement. FTA therefore
intends to apply the special warranty to the Tribal Transit Program in
the future. However, FTA will postpone the application of the special
warranty arrangement to the Tribal Transit Program until DOL adopts
procedures for the new program.
Comment: Several comments questioned the applicability of Federal
Disadvantaged Business Enterprise (DBE) regulations, 49 CFR part 26, to
Indian tribes.
Response: The U.S. Department of Transportation's DBE regulation
requires a grant recipient to implement a DBE program and to establish
annual DBE goals for all contracting opportunities, except for vehicle
procurements, where Federal financial assistance exceeds $250,000.
However, due to the relatively small size of the grants that will be
awarded under this new program and to streamline program requirements
for this new program to the benefit of Indian tribes, FTA has
determined that the FTA DBE regulation, 49 CFR part 26, will not apply
to the Tribal Transit Program.
Comment: A few comments were received from Indian tribes regarding
FTA's interpretation and application of the Civil Rights Act of 1964 to
tribal employment rights ordinances (TEROs), which provide for Indian
preference in employment and contracting.
Response: FTA will not require Indian tribes under this new program
to comply with FTA's program-specific guidance for Title VI and Title
VII of the Civil Rights Act of 1964. Title VI of the Civil Rights Act
prohibits discrimination on the basis of race, color, and national
origin in programs and activities receiving Federal financial
assistance. Title VII of the Civil Rights Act prohibits discrimination
in employment in any business on the basis of race, color, religion,
sex, or national origin. Indian tribes are specifically excluded from
the definition of an ``employer'' under the Act. Thus, to the extent
that TEROs are consistent with federal statutes that authorize a
general preference for Indians in employment or contracting

[[Page 46962]]

for Federally funded work on or around Indian reservations, FTA will of
course comply with applicable law. However, although Indian tribes will
not be subject to FTA's program-specific requirements under Title VI
and Title VII of the Civil Rights Act, Indian tribes under the Tribal
Transit Program will nonetheless still be subject to the provisions of
Title VI and Title VII of the Civil Rights Act, unless they are
specifically exempt from the Act.
C. Other
Comment: A number of the Indian tribes commented on the obligation
of FTA to properly consult with the Indian tribes on a government-to-
government basis for this new program in accordance with Presidential
executive orders and U.S. Department of Transportation procedures.
Response: FTA recognizes that the Federal government has a unique
legal relationship with Indian Indian tribes. When FTA implements a
program that might have substantial direct effects on the Indian tribes
or on the sovereignty of the Indian tribes, FTA must consult and
coordinate using established principles. These principles are set forth
in Presidential Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments,'' November 6, 2000, and U.S. Department
of Transportation Order 5301.1, ``Department of Transportation
Programs, Policies, and Procedures affecting American Indians, Alaska
Natives and tribes for programs affecting Indian tribal governments.''
During the development of policies and procedures for the Tribal
Transit Program, FTA consulted and coordinated with the Indian tribes
consistent with these Executive Orders. Specifically, FTA announced and
invited comments from the Indian tribes concerning the Tribal Transit
Program in two separate Federal Register Notices. The first Federal
Register Notice, (70 FR 71950), ``FTA Transit Program Changes,
Authorized Funding Levels and Implementation of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users:
Notice,'' was published on November 30, 2005. This first Notice invited
comment from the Indian tribes and others on the proposed basis for
formula apportionment for the Tribal Transit Program, eligible grant
purposes, and proposed program requirements. A second Federal Register
Notice, published on March 22, 2006, responded to comments received
from the Indian tribes on the November 30, 2005 Notice. The second
Notice further solicited comments from the Indian tribes and others on
FTA's proposed basis and criteria to allocate funding under this new
program, proposed eligible activities, and proposed grant requirements.
The second Notice also announced two one-day public outreach meetings
on the Tribal Transit Program. In the two public meetings held in
Denver, Colorado, and Kansas City, Missouri, FTA presented its
proposals as set forth in the March 22, 2006 Notice and received
further comments from the Indian tribes in attendance. In addition,
prior to the March 22, 2006, Notice, FTA conducted several national
teleconferences with the Indian tribes to obtain their input and views
on issues concerning the development and implementation of the Tribal
Transit Program.
Comment: Although FTA did not solicit comments, or propose
guidance, on the following issue, several Indian tribes suggested that
FTA should administer grants under this program in a manner that is
either the same or similar to contracts and agreements under the Indian
Self-Determination and Education Assistance Act (ISDEAA).
Response: FTA recognizes Indian tribes as sovereign governments
that can independently administer certain Federal government programs
as authorized by the ISDEAA. Although the statutory authority to enter
into contracts with Indian tribes under ISDEAA does not include the
FTA, FTA is nonetheless implementing this new program in a manner
consistent with the principles of self-determination that are embodied
in ISDEAA. To do so, FTA is streamlining and omitting many of the U.S.
Department of Transportation and FTA regulatory requirements that apply
to other FTA programs as authorized in SAFETEA-LU. FTA will make grants
directly to Indian Indian tribes. The Tribal Transit grants will not be
administered by the Bureau of Indian Affairs or any other Federal
agency.
Comment: A few commenters indicated that Indian tribes should not
be required to comply with the intercity bus service provisions in
section 5311(f).
Response: FTA agrees with these comments. We do not intend to
require tribes to spend 15 percent of funds received under the Tribal
Transit Program for intercity bus service. This section 5311(f)
requirement only applies to section 5311 funds that are apportioned to
the States, and not to section 5311 funds disbursed directly to tribes
under the Tribal Transit Program. Therefore, Indian tribes that are
recipients of funds under the Tribal Transit Program are not required
to expend any part of those funds for intercity bus service. However,
Indian tribes may use Tribal Transit program funds for purposes
eligible under section 5311(f).
Comment: One commenter inquired whether a regional transit
district, which is a political body within a State, would be able to
apply for grants under the Tribal Transit Program on behalf of several
Indian tribes.
Response: As defined in section 5311(a), as amended by SAFETEA-LU,
a recipient means a ``State or Indian tribe that receives a Federal
transit program grant directly from the Federal Government.'' Indian
tribes, in accordance with this definition, are thus eligible direct
recipients of funds under this new program. Under this statutory
definition, however, a local government, such as a regional transit
district, would not be eligible to be a direct recipient and therefore
a regional transit district or any other local government could not
directly apply for grants on behalf of Indian tribes under the Tribal
Transit Program. Although local governments will not be eligible direct
recipients under this new program, Indian tribes may enter into
intergovernmental agreements with local governments for the purpose of
assisting Indian tribes in grant-related administrative requirements,
such as grant preparation, grant reporting, etc.
Comment: Some commenters strongly encouraged FTA to provide funding
for technical and planning assistance to tribal transit programs
through the seven (7) Tribal Technical Assistance Programs (TTAP)
because SAFETEA-LU authorized an increased funding level for FTA's
Rural Technical Assistance Program.
Response: FTA's Rural Transit Assistance Program (RTAP) provides
funding to assist in training and technical assistance projects and
other support services for transit operators in nonurbanized areas. The
RTAP program provides an annual allocation to each State in conjunction
with the State's administration of the section 5311 formula assistance
program. Because TTAPs are experienced in technical assistance to the
tribes, FTA will encourage States to work with TTAP centers to provide
technical assistance to tribes. FTA is currently creating a partnership
between the TTAPs and the National RTAP.
Comment: Commenters requested FTA to either exclude or limit the
eligibility of indirect costs for funds received under the Tribal
Transit Program. They maintained that high indirect cost rates of many
tribes would dampen the program's benefits.

[[Page 46963]]

Response: FTA agrees with this comment. FTA has determined that the
eligible indirect costs will be limited to 10 percent of each Tribal
Transit grant award.
Comment: One commenter inquired whether an Indian tribe that is
within an urbanized area would be eligible to receive funds under the
Tribal Transit Program.
Response: The Tribal Transit Program is a program established under
the section 5311 program. The purpose of the section 5311 program is to
carry out transit projects in rural areas. The general authority for
the section 5311 program is set forth in subsection (b) which provides
that FTA may award grants to recipients located in areas other than
urbanized areas (i.e., areas with a population less than 50,000).
Therefore, because the set aside of section 5311 funds for the Tribal
Transit Program is authorized by statute only for areas other than
urbanized areas (i.e., rural areas), an Indian tribe that is located
within an urbanized area would not be eligible to receive funds under
the Tribal Transit Program.

IV. Funding Opportunity Description

A. Authorized Funding for FY 2006

The Tribal Transit Program was established by section 3013 of
SAFETEA-LU. This section authorized $45 million from the Nonurbanized
Area Formula Grants Program (49 U.S.C. 5311) for FY 2006-FY 2009 to be
apportioned for grants directly to Indian tribes. The actual amount
each year is subject to the availability of appropriations. Under the
Tribal Transit Program, Indian tribes are eligible direct recipients.
The funds are to be apportioned for grants to Indian tribes for any
purpose eligible under the Nonurbanized Area Formula Program (section
5311). In FY 2006, $7.92 million is available for allocation to
projects selected through the process announced in this Notice.

B. Background

Prior to SAFETEA-LU, the section 5311 program did not include a
separate public transit program for tribes. Instead, tribes were
eligible under the section 5311 program as subrecipients. SAFETEA-LU
has now authorized a Tribal Transit Program and has authorized eligible
tribes to be direct recipients of section 5311 Program funds. As
expressed in the Conference Report for SAFETEA-LU, it is the intent of
Congress that funds for the Tribal Transit Program not replace or
reduce funds tribes receive from States under the section 5311 program.

V. Award Information

The number and amount of awards will be determined by a competitive
process. However, funding is available for start up services,
enhancements or expansion of existing transit services, and for
planning studies and operational planning. Approximately 25% of the
funding is set aside for start up grants. Planning grants will be
limited to $25,000 per applicant. Multiple year projects will be
considered for funding, subject to the availability of annual
appropriations.

VI. Eligibility Information

A. Eligible Applicants

Eligible direct recipients include federally-recognized Indian
tribes or Alaska Native villages, groups, or communities as identified
by the Bureau of Indian Affairs (BIA) in the U.S. Department of the
Interior. To be eligible recipients, tribes must have the requisite
legal, financial and technical capabilities to receive and administer
Federal funds under this program.

B. Eligible Projects

Tribal Transit Program funds may be used for any purpose authorized
under section 5311. This means that grants can be awarded to recipients
located in rural and small urban areas with populations under 50,000
not identified as an urbanized area by the Bureau of the Census for
public transportation capital projects, operating costs of equipment
and facilities for use in public transportation, planning, and the
acquisition of public transportation services, including service
agreements with private providers of public transportation services.
Service funded under this program must be designed to be accessible to
members of the general public who have disabilities. Coordinated human
service transportation that primarily serves elderly persons and
persons with disabilities, but which is not restricted from carrying
other members of the public, is considered available to the general
public if it is marketed as public transportation.

VII. Cost Sharing or Matching

No cost sharing is required for this program; the Federal grant may
fund up to 100 percent of eligible project costs. However, FTA
encourages tribes to leverage the program funds and demonstrate
commitment to the project through in-kind contributions and use of
other funding sources that are available to support public
transportation service.

VIII. Terms and Conditions

Section 3013 of SAFETEA-LU amended 49 U.S.C. 5311(c) by authorizing
funds for the Tribal Transit Program ``under such terms and conditions
as may be established by the Secretary.'' Pursuant to this
discretionary statutory authority in SAFETEA-LU, FTA published a Notice
dated March 22, 2006, in the Federal Register (71 FR 14618), ``Public
Transportation on Indian Reservations Program (49 U.S.C. 5311(c)(1):
Notice of Public Meetings, Proposed Grant Program Provisions,'' and
proposed certain statutory and regulatory terms and conditions that
should apply to grants awarded under this new program. The statutory
and regulatory terms and conditions that were proposed by FTA for the
Tribal Transit Program pertained only to U.S. Department of
Transportation and FTA requirements. As we indicated in the March 22,
2006, Federal Register Notice, FTA does not possess the authority to
waive cross-cutting or government-wide statutory and regulatory
requirements (e.g., National Environmental Policy Act). However, to the
extent permitted by law and in recognition of the unique status and
autonomy of Indian Indian tribes, FTA has made every effort in
establishing the terms and conditions to balance the objective of this
new program, which will directly benefit transit projects for Indian
tribes, with other national objectives (e.g., safety) that are
important not only to Indian tribes but also to the general public.
FTA received a substantial number of comments from Indian tribes
and other groups concerning certain proposed terms and conditions for
the Tribal Transit Program and FTA's responses to these comments were
specifically addressed earlier in this Notice. However, except for a
few proposed terms and conditions, such as FTA's proposal that Tribal
transportation plans be attached or included on a STIP, the comments
for the most part reflected a consensus that was in agreement with
FTA's proposed terms and conditions for this new program. Therefore,
after careful review and consideration of the comments received from
Indian tribes and others, FTA has established appropriate grant
requirements for the Tribal Transit Program. These specific terms and
conditions are set forth in a new FTA Master Agreement for the Tribal
Transit Program. This Master Agreement is available on FTA's Web site
at http://www.fta.dot.gov/17861_18441_ENG_HTML.htm.

The following terms and conditions, which were initially proposed
in the

[[Page 46964]]

March 22, 2006, Federal Register Notice, apply to the Tribal Transit
Program:
1. Common Grant Rule (49 CFR Part 18), ``Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments.'' This is a government-wide regulation that applies to all
Federal assistance programs.
2. Civil Rights Act of 1964. Unless Indian tribes are specifically
exempted from civil rights statutes, compliance with civil rights
statutes will be required, including compliance with equity in service.
However, Indian tribes will not be required to comply with FTA program-
specific guidance for Title VI and Title VII.
3. Section 504 and ADA requirements in 49 CFR parts 27, 37, and 38.
These are government-wide requirements that apply to all Federal
programs.
4. Drug and Alcohol Testing requirements (49 CFR part 655). FTA
will apply this requirement because it addresses a national safety
issue for operators of public transportation.
5. National Environmental Policy Act. This is a government-wide
requirement that applies to all Federal programs.
6. Charter Service and School Bus transportation requirements in 49
CFR parts 604 and 605. The definition of ``public transportation'' in
49 U.S.C. 5302 specifically excludes school bus and charter service.
7. National Transit Database (NTD) Reporting requirement. 49 U.S.C.
5335 requires NTD reporting for all direct recipients of section 5311
funds. The Tribal Transit Program is a section 5311 program that will
provide funds directly to Indian tribes and this reporting requirement
will therefore apply.
8. Bus Testing (49 CFR 665) requirement. To ensure that vehicles
acquired under this program will meet adequate safety and operational
standards, this requirement will apply.
A comprehensive list and description for all of the statutory and
regulatory terms and conditions that will apply to the Tribal Transit
Program are set forth in FTA's Master Agreement for the Tribal Transit
Program available on FTA's Web site at: http://www.fta.dot.gov/17861_18441_ENG_HTML.htm.
In addition, as part of their application for

grant award, tribes that are selected for award will be required to
sign the Certifications and Assurances for the fiscal year in which
they apply for a grant. The Certifications and Assurances are set forth
for informational purposes in Appendix B of this Notice. Notably, FTA
has required each applicant to submit certifications and assurances for
each fiscal year in which the applicant seeks funding and an award is
made. But because less than two months remain before the end of fiscal
year 2006, FTA will treat certifications and assurances submitted by an
Indian tribe in either fiscal year 2006 or 2007 as having fulfilled
Federal certification and assurance requirements for Tribal Transit
Program applications submitted and awards made in both fiscal years
2006 and 2007.

IX. Application and Submission Information

This announcement includes all of the information that a tribal
government will need to apply for competitive selection. It is
available on the FTA Web site at http://www.fta.dot.gov. FTA will

announce final selections on the Web site and in the Federal Register.
A synopsis of this announcement will be posted on the government-wide
electronic grants Web site at http://www.GRANTS.GOV.

X. Guidelines for Preparing Grant Application

FTA is conducting a national solicitation for applications under
the Tribal Transit Program. Project selection will be made on a
competitive basis. FTA will divide the applications into three
categories for the purpose of reviewing and selecting projects to be
funded:

A. Start ups--applications for funding of new transit service;
B. Existing transit services--applications for funding of enhancements
or expansion of existing transit services; and
C. Planning--applications for funding of planning studies and
operational planning

The application should provide information on all items for which
Indian tribes are requesting funding in FY 2006, and indicate the
specific category in which the tribe is applying.

XI. Application Content

A. Applicant Information

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

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

Indian tribes that cannot demonstrate adequate capacity in
technical, legal and financial areas will not be considered for
funding. Every application must describe the tribe's technical, legal,
and financial capacity to implement the proposed project (see attached
Appendix B, Section B).
1. Legal Capacity: Provide documentation or other evidence to show
that the applicant is a Federally Recognized tribe. Also, who is the
authorized representative to execute legal agreements with FTA on
behalf of the Indian tribes? If currently operating transit service,
does the Indian tribes have appropriate Federal or State operating
authority?
2. Technical Capacity: Give examples of the tribe's management of
other Federal projects. What resources does the tribal government have
to implement a transit project?
3. Financial Capacity: Does the Indian tribes have adequate
financial systems in place to receive and manage a Federal grant?
Describe the tribal government's financial systems and controls.

C. Project Information

1. Budget: Provide the Federal amount requested for each purpose
for which funds are sought and any funding from other sources that will
be provided. If applying for a multi year project (not to exceed 4
years), show annual request for each year by budget line item.
2. Project Description: Indicate the category for which funding is
requested i.e., start-ups, enhancements or replacements of existing
transit services or planning studies or operational planning grants to
address project development i.e. development of vehicle and equipment
specifications and provide a summary description of the proposed
project and how it will be implemented (e.g. number and type of
vehicles, service area, schedules, type of services, fixed route or
demand responsive, route miles (if fixed route) and size of service
area, major origins and destinations, population served, and whether
the tribe provide the service directly or contract for services? How
will vehicles be maintained?

[[Page 46965]]

3. Project Timeline: Include significant milestones such as date of
contract for purchase of vehicle(s), actual or expected delivery date
of vehicles, and service start up dates.

D. Application Evaluation Criteria

Applications for funding of transit services should address the
application criteria based on project to be funded (for more detail see
section XII)
1. Criterion 1: Project Planning and Coordination.
2. Criterion 2: Demonstration of Need.
3. Criterion 3: Benefits of Project.
4. Criterion 4: Financial Commitment and Operating Capacity.
Applications for planning grants should address the criteria in
section XII, C of this Notice.

E. Submission Dates and Times

Complete applications for Tribal Transit Program must be submitted
in one of the three ways: electronically through GRANTS.GOV, in hard
copy to Federal Transit Administration, 400 Seventh Street, SW., Room
9311,Washington, DC 20590, Attention: Lorna R. Wilson; or sending by e-
mail to fta.tribalprogram@dot.gov. by October 16, 2006 or submitted
electronically through the GRANTS.GOV Web site by the same date. FTA
will announce grant selections when the competitive selection process
is complete.

F. Intergovernmental Review

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

G. Funding Restrictions

Only applications from eligible recipients for eligible activities
will be considered for funding (see section VI). Due to funding
limitations, applicants that are selected for funding may receive less
than the amount requested. The application process will allow an tribal
government to apply for multiple years of funding not to exceed four
years, subject to the availability of annual appropriations. Up to $2
million will be made available for start up or new systems, no more
than $25,000 will be awarded per planning grant. The remaining funds
will be made available for applications for funding of enhancements or
expansion of existing transit service.

H. Other Submission Requirements

Applicants submitting hard copies should submit 3 copies of their
project proposal application to the Federal Transit Administration, 400
Seventh Street, SW., Room 9311, Washington, DC 20059, Attention Lorna
Wilson, or apply electronically through the government wide electronic
grant application portal at http://www.GRANTS.GOV. Alternatively applications

may be submitted as an attachment to mailbox:
fta.tribalprogram@dot.gov. If applying by e-mail, fax signature

documents to 202-366-7951, Attention: Lorna Wilson.

XII. Application Review Process

A. Competitive Selection Process

FTA will divide applications into three categories. The three
evaluation categories are as follows:
Start-ups--applications for funding of new transit
service.
Existing transit services--applications for funding of
enhancements or expansion of existing transit services.
Planning--applications for funding of transit planning
studies and/or operational planning.
Applications will be grouped into their respective category for
review and scoring purposes. Applications for planning will be
evaluated using a pass/fail system, whereas start-up and existing
transit services applications will be scored based on the evaluation
criteria to determine rank for funding award determination purposes. An
applicant can receive up to 25 points for each evaluation criteria.
FTA intends to award the full amount of funding available in FY
2006 for the Tribal Transit Program. FTA encourages applicants to
review the evaluation criteria and all other related application
information prior to preparation of application. Applicants may receive
technical assistance for application development by contacting their
FTA regional Tribal liaison, TTAP center, or the National RTAP office.
Contact information for technical assistance can be found in Appendix
C.

B. Evaluation Criteria for Start-up and Existing Transit Service
Proposals

The use of quantitative data and estimates, whenever possible,
improves the proposal's clarity in comparison to all the evaluation
criteria.
1. Criterion 1: Project Planning and Coordination (25 points)
In this section, the applicant should describe how the proposed
project was developed and demonstrate that there is a sound basis for
the project and that it is ready to implement if funded. Information
may vary depending on whether the tribe has a formal plan that includes
transit.
a. Applicants without a formal plan that includes transit are
advised to consider and address the following areas:
i. Provide a detailed project description including the proposed
service, vehicle and facility needs and other pertinent characteristics
of the proposed service implementation.
ii. Identify existing transportation services available to the
tribe and discuss whether the proposed project will provide
opportunities to coordinate service with existing transit services
including human service agencies, intercity bus services, or other
public transit providers.
iii. Discuss the level of support either by the community and/or
tribal government for the proposed project.
iv. Describe the implementation schedule for the proposed project
including time frame, staffing, procurement, etc.
b. Applicants with a formal transit plan are advised to consider
and address the following areas:
i. Describe the planning document and/or the planning process
conducted to identify the proposed project.
ii. Describe how the mobility and client access needs of tribal
human service agencies were considered in the planning.
iii. Describe what opportunities for public participation were
provided in the planning process and how the proposed transit service
or existing service has been coordinated with transportation provided
for the clients of human service agencies, with intercity bus
transportation in the area, or with any other rural public transit
providers.
iv. Describe how the proposed service complements rather than
duplicates any currently available services.
v. Describe the implementation schedule for the proposed project,
including time frame, staffing, procurements, etc.
vi. Describe any other planning or coordination efforts that were
not mentioned above.
Based on the information provided as discussed in the above
section, proposals will be rated on the following:
i. How sound is the basis for the proposed project?
ii. Is the project ready to implement?
2. Criterion 2: Demonstration of Need (25 points)
In this section, the application should demonstrate the transit
needs of the tribe and discuss how the proposed transit improvements
will address the identified transit needs of the tribe. Applications
may include information such as destinations and services not currently
accessible by transit, need for

[[Page 46966]]

access to jobs or health care, special needs of the elderly and
individuals with disabilities, income-based community needs, or other
mobility needs.
Based on the information provided the proposals will be rated on
the following:
a. What is the demonstrated need for the project?
b. How well does the project reduce the need?
3. Criterion 3: Benefits of Project (25 points)
In this section applications should identify expected project
benefits. Possible examples include increased ridership and daily
trips, improved service, improved operations and coordination, and
economic benefits to the community.
Benefits can be demonstrated by identifying the population of
tribal members and non-tribal members in the proposed project service
area and estimating the number of daily, one-way trips the transit
service will provide and the number of individual riders. There may be
many other, less quantifiable, benefits to the tribe and surrounding
community from this project. Please document, explain or show the
benefits in whatever format is reasonable to present them.
Proposals will be rated on the basis of:

a. Improved transit efficiency or increased ridership;
b. Improved mobility for the tribe;
c. Improved access to important destinations
d. Expected average cost per trip on the proposed service.
e. Other qualitative benefits.
4. Criterion 4: Financial Commitment and Operating Capacity (25 points)
In this section, the application should identify any other funding
sources used by the tribe to support existing or proposed transit
services, including human service transportation funding, Indian
Reservation Roads, or other FTA programs such as Job Access and Reverse
Commute (JARC), New Freedom, section 5311, section 5310, or section
5309 bus and bus facilities funding.
For existing services, the application should show how Tribal
Transit Program funding will supplement (not duplicate or replace)
current funding sources. If the transit system was previously funded
under section 5311 through the State's apportionment, describe how
requested Tribal Transit Program funding will expand available
services.
Describe any other resources the tribe will contribute to the
project, including in-kind contributions, commitments of support from
local businesses, donations of land or equipment, and human resources.
To what extent does the new project or funding for existing service
leverage other funding?
The tribe should show its ability to manage programs by
demonstrating the existing programs it administers, in any area of
expertise such as human services.
Points will be awarded based on the degree to which:
a. The project deploys new services or complements existing
services.
b. Tribal Transit Program funding does not replace existing
funding.
c. Tribe has or will provide non-financial support to project.
d. Tribe has demonstrated the ability to provide other services or
manage other programs.
e. Project funds are used in coordination with other services for
efficient utilization of funds.

C. Evaluation Criteria for Planning Grants Proposals

Criterion: Need for Study
For planning grants the applications should describe in no more
than three pages the need for and a general scope of the proposed
study.
Based on the information provided, proposals will be rated pass/
fail based on the following:
a. Is the tribe committed to planning for transit?
b. Is the scope of the proposed study for tribal transit?

D. Review and Selection Process

Each application will be screened by a panel of members including
FTA headquarters regional staff, and representatives of the Indian
Reservations Roads Program. Incomplete or non-responsive applications
will be disqualified. FTA will make an effort to award a grant to every
qualified applicant.

XIII. Award Administration Information

FTA will award grants directly to Federally recognized Indian
tribes for the projects selected through this competition. Following
publication of the selected recipients, projects, and amounts, FTA
regional staff will assist the successful applicants to prepare an
electronic application for grant award. At that time, the tribe will be
required to sign the Certification and Assurances contained in Appendix
B. The Master Agreement is available on FTA's Web site at http://www.fta.dot.gov/17861_18441_ENG_HTML.htm
.

Applicants that are selected for grant awards under the Tribal
Transit Program will be required to formally designate, by resolution
or other formal tribal action, an authorized representative who will
have the authority to execute grant agreements on behalf of the Indian
tribes with FTA and who will also have the authority on behalf of the
Indian tribes to execute FTA's Annual List of Certifications and
Assurances.
FTA will notify all applicants, both those selected for funding and
those not selected, when the competitive selection process is complete.
Projects selected for funding will be published in a Federal Register
Notice.

XIV. Other

A. Technical Assistance

Technical assistance regarding these requirements is available from
each FTA regional office. The regional offices will contact those
applicants selected for funding regarding procedures for making the
required certifications and assurances to FTA before grants are made
and will provide assistance in preparing the documentation necessary
for grant award.

B. Certifications and Assurances

Applicants that are selected and formally notified of FTA's
intention to award a grant under the Tribal Transit Program will be
required to complete and execute FTA's Annual List of Certification and
Assurances in accordance with the procedures described in this Notice
of Funding Availability. The Annual List of Certifications and
Assurances is attached in Appendix B for informational purposes only.

C. Reporting

49 U.S.C. 5335 National Transit Database requires NTD reporting for
all direct recipients of section 5311 funds including tribes. Specific
procedures and data requirements for tribes have not yet been developed
and will be provided to grantees at a later date. Annual progress
reports and financial status reports will be required of all grantees.

D. Agency Contact(s)

Contact the appropriate FTA regional Tribal Liaison (Appendix A)
for application-specific information and issues for general program
information, contact Lorna R. Wilson, Office of Transit Programs, (202)
366[dash]2053, e-mail: Lorna.Wilson@dot.gov. A TDD is

[[Page 46967]]

available at 1-800-877-8339 (TDD/FIRS).

Issued in Washington, DC, this 8th day of August 2006.
Sandra K. Bushue,
Deputy Administrator.

Appendix A--FTA Regional Offices and Tribal Transit Liaisons

Region I--Massachusetts, Rhode Island, Connecticut, New Hampshire,
Vermont and Maine, Richard H. Doyle, FTA Regional Administrator, Volpe
National Transportation Systems Center, Kendall Square, 55 Broadway,
Suite 920, Cambridge, MA 02142-1093, Phone: (617) 494-2055, Fax: (617)
494-2865, Regional Tribal Liaison: Judi Molloy.
Region II--New York, New Jersey, Virgin Islands, Letitia Thompson,
FTA Regional Administrator, One Bowling Green, Room 429, New York, NY
10004-1415, Phone: (212) 668-2170, Fax: (212) 668-2136, Regional Tribal
Liaison: Rebecca Reyes-Alicea.
Region III--Pennsylvania, Maryland, Virginia, West Virginia,
Delaware, Washington, DC, Susan Borinsky, FTA Regional Administrator,
1760 Market Street, Suite 500, Philadelphia, PA 19103-4124, Phone:
(215) 656-7100, Fax: (215) 656-7260.
Region IV--Georgia, North Carolina, South Carolina, Florida,
Mississippi, Tennessee, Kentucky, Alabama, Puerto Rico, Yvette G.
Taylor, FTA Regional Administrator, 61 Forsyth Street, S.W., Suite
17T50, Atlanta, GA 30303, Phone: (404) 562-3500, Fax: (404) 562-3505,
Regional Tribal Liaisons: Jamie Pfister and James Garland.
Region V--Illinois, Indiana, Ohio, Wisconsin, Minnesota, Michigan,
Marisol R. Simon, FTA Regional Administrator, 200 West Adams Street,
Suite 320, Chicago, IL 60606-5232, Phone: (312) 353-2789, Fax: (312)
886-0351, Regional Tribal Liaisons: Victor Austin and William Wheeler.
Region VI--Texas, New Mexico, Louisiana, Arkansas, Oklahoma, Robert
Patrick, FTA Regional Administrator, 819 Taylor Street, Room 8A36, Ft.
Worth, TX 76102, Phone: (817) 978-0550, Fax: (817) 978-0575, Regional
Tribal Liaison: Lynn Hayes.
Region VII--Iowa, Nebraska, Kansas, Missouri, Mokhtee Ahmad, FTA
Regional Administrator, 901 Locust Street, Suite 404, Kansas City, MO
64106, Phone: (816) 329-3920, Fax: (816) 329-3921, Regional Tribal
Liaisons: Joni Roeseler and Cathy Monroe.
Region VIII--Colorado, North Dakota, South Dakota, Montana,
Wyoming, Utah, Lee Waddleton, FTA Regional Administrator, 12300 West
Dakota Avenue, Suite 310, Lakewood, CO 80228-2583, Phone: (720) 963-
3300, Fax: (720) 963-3333, Regional Tribal Liaisons: Jennifer Stewart
and David Beckhouse.
Region IX--California, Arizona, Nevada, Hawaii, American Samoa,
Guam, Leslie Rogers, FTA Regional Administrator, 201 Mission Street,
Suite 1650, San Francisco, CA 94105-1831, Phone: (415) 744-3133, Fax:
(415) 744-2726, Regional Tribal Liaison: Donna Turchie.
Region X--Washington, Oregon, Idaho, Alaska, Richard Krochalis, FTA
Regional Administrator, Jackson Federal Building, 915 Second Avenue,
Suite 3142, Seattle, WA 98174-1002, Phone: (206) 220-7954, Fax: (206)
220-7959, Regional Tribal Liaisons: Bill Ramos and Annette Clothier.

Appendix B--Federal Fiscal Years 2006 and 2007 Certifications and
Assurances for the Federal Transit Administration Tribal Transit
Program

In accordance with 49 U.S.C. 5323(n), the following certifications
and assurances have been compiled for the Federal Transit
Administration (FTA) Public Transportation on Indian Reservation
Program (Tribal Transit Program) authorized by 49 U.S.C. 5311(c)(1). It
is customary for FTA to require each applicant to submit certifications
and assurances for each fiscal year in which the applicant seeks
funding. But because less than two months remain before the end of
Federal Fiscal Year 2006, FTA will treat certifications and assurances
submitted by an Indian tribe in either Federal Fiscal Year 2006 or 2007
applicable to applications for Tribal Transit Program assistance
submitted and awards made in Federal Fiscal Years 2006 and 2007.
The Indian tribe, as an eligible applicant for Tribal Transit
Program assistance, understands and agrees that these certifications
and assurances are pre-award requirements and do not encompass all
statutory and regulatory requirements that may apply to the Indian
tribe or its Project. A comprehensive list of those requirements will
be contained in the Grant Agreement including the Master Agreement
accompanying an award under the Tribal Transit Program.
FTA and the Indian tribe also understand and agree that not every
certification and assurance will apply to every Project for which FTA
provides Federal financial assistance through the Tribal Transit
Program. The type of Project will determine which requirements apply.
For example FTA believes that the following requirements within the
listed certifications and assurances will have limited, if any, impact:
1. Many provisions required by the Office of Management and Budget
(OMB) set forth in Certification F involve requirements that in most
cases will not be invoked, such as:
a. Title III of the Uniform Relocation and Real Property
Acquisition Policies Act, as amended, and implementing U.S. DOT
regulations will apply only when the Indian tribe acquires real
property with FTA assistance.
b. Title II of the Uniform Relocation and Real Property Acquisition
Policies Act, as amended, and implementing U.S. DOT regulations will
apply only when the Indian tribe's project requires relocation of a
person or business; and the Lead-Based Paint Poisoning Prevention Act
is invoked only in connection with residential construction, not likely
to take place under the Tribal Transit Program
c. The Flood Disaster Protection Act applies to projects in flood
hazard areas.
d. Only for construction projects will the Davis-Bacon Act, Seismic
Safety regulations, and OMB engineering supervision requirements apply.
e. Many environmental protection requirements are limited to the
specific problem addressed by the statute. If, for example, the project
will not affect endangered species, the requirements of the Endangered
Species Act will not be invoked.
2. With respect to Certification H, ``Bus Testing,'' only if the
Indian tribe acquires the first bus of a new bus model or the first bus
of a new major configuration of a new bus will FTA's Bus Testing
requirements be invoked.
Except to the extent that FTA determines otherwise in writing, each
Indian tribe that applies for Tribal Transit Program assistance,
however, must provide all certifications and assurance set forth below.
FTA may not award any Federal assistance under the Tribal Transit
Program until the Indian tribe provides these certifications and
assurances.

A. Assurance of Authority of the Indian Tribe and Its Representative

The authorized representative of the Indian tribe and the attorney
who sign these certifications, assurances, and agreements affirm that
both the Indian tribe and its authorized representative have adequate
authority under Federal and Indian tribal law, regulations, or by-laws
to:
(1) Execute and file the application for Federal assistance on
behalf of the Indian tribe;

[[Page 46968]]

(2) Execute and file the required certifications, assurances, and
agreements on behalf of the Indian tribe binding the Indian tribe; and
(3) Execute grant agreements with FTA on behalf of the Indian
tribe.

B. Standard Assurances

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

C. The Indian Tribe's Capacity To Comply With Relevant Section 5311
Requirements

The Indian tribe assures that:
(1) It has or will have the necessary legal, financial, and
managerial capability to apply for, receive, and disburse Federal
assistance authorized for 49 U.S.C. 5311; and to carry out each
project, including the safety and security aspects of that project;
(2) It has or will have satisfactory continuing control over the
use of project equipment and facilities;
(3) The project equipment and facilities will be adequately
maintained; and
(4) Its project will achieve maximum feasible coordination with
transportation service assisted by other Federal sources.

D. Nondiscrimination Assurance

As required by Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000d, and by U.S. DOT regulations,
``Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation--Effectuation of Title VI of the Civil Rights Act,'' 49
CFR part 21 at 21.7, the Indian tribe assures that it will comply with
all requirements imposed by or issued pursuant to 42 U.S.C. 2000d, and
49 CFR part 21, so that no person in the United States, on the basis of
race, color, or national origin, will be excluded from participation
in, be denied the benefits of, or otherwise be subjected to
discrimination in any program or activity (particularly in the level
and quality of transportation services and transportation-related
benefits) for which the Indian tribe receives Federal assistance
awarded by the U.S. DOT or FTA.
Specifically, during the period in which Federal assistance is
extended to the project, or project property is used for a purpose for
which the Federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long as
the Indian tribe retains ownership or possession of the project
property, whichever is longer, the Indian tribe assures that:
(1) Each project will be conducted, property acquisitions will be
undertaken, and project facilities will be operated in accordance with
all applicable requirements imposed by or issued pursuant to 42 U.S.C.
2000d, and 49 CFR part 21, and understands that this assurance extends
to its entire facility and to facilities operated in connection with
the project.
(2) It will promptly take the necessary actions to effectuate this
assurance, including notifying the public that complaints of
discrimination in the provision of transportation-related services or
benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or
FTA, the Indian tribe assures that it will submit the required
information pertaining to its compliance with these provisions.
(3) It will include in each subagreement, property transfer
agreement, third party contract, third party subcontract, or
participation agreement adequate provisions to extend the requirements
imposed by or issued pursuant to 42 U.S.C. 2000d and 49 CFR part 21 to
other parties involved therein including any subrecipient, transferee,
third party contractor, third party subcontractor at any level,
successor in interest, or any other participant in the project.
(4) Should it transfer real property, structures, or improvements
financed with Federal assistance provided by FTA to another party, any
deeds and instruments recording the transfer of that property shall
contain a covenant running with the land assuring nondiscrimination for
the period during which the property is used for a purpose for which
the Federal assistance is extended or for another purpose involving the
provision of similar services or benefits.
(5) The United States has a right to seek judicial enforcement with
regard to any matter arising under the Act, regulations, and this
assurance.
(6) It will make any changes in its Title VI implementing
procedures as U.S. DOT or FTA may request to achieve compliance with
the requirements imposed by or issued pursuant to 42 U.S.C. 2000d and
49 CFR part 21.

E. Assurance of Nondiscrimination on the Basis of Disability

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

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

Consistent with OMB assurances set forth in SF-424B and SF-424D,
the Indian tribe assures that, with respect to itself and its project,
the Indian tribe:
(1) Has the legal authority to apply for Federal assistance and the
institutional, managerial, and financial capability to ensure proper
planning, management, and completion of the project described in its
application;
(2) Will give FTA, the Comptroller General of the United States,
and, if appropriate, the state, through any authorized representative,
access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting
system in accordance with

[[Page 46969]]

generally accepted accounting standards or agency directives;
(3) Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest or
personal gain;
(4) Will initiate and complete the work within the applicable
project time periods following receipt of FTA approval;
(5) Will comply with all applicable Federal statutes relating to
nondiscrimination including, but not limited to:
(a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which
prohibits discrimination on the basis of race, color, or national
origin;
(b) Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT
regulations, ``Nondiscrimination on the Basis of Sex in Education
Programs or Activities Receiving Federal Financial Assistance,'' 49 CFR
part 25, which prohibit discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794, which prohibits discrimination on the basis of disability;
(d) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101
through 6107, which prohibits discrimination on the basis of age;
(e) The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-
255, March 21, 1972, and amendments thereto, 21 U.S.C. 1174 et seq.
relating to nondiscrimination on the basis of drug abuse;
(f) The Comprehensive Alcohol Abuse and Alcoholism Prevention Act
of 1970, Pub. L. 91-616, Dec. 31, 1970, and amendments thereto, 42
U.S.C. 4581 et seq. relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(g) The Public Health Service Act of 1912, as amended, 42 U.S.C.
290dd-3 and 290ee-3, related to confidentiality of alcohol and drug
abuse patient records;
(h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq.,
relating to nondiscrimination in the sale, rental, or financing of
housing; and
(i) Any other nondiscrimination statute(s) that may apply to the
project;
(6) To the extent applicable, will comply with, or has complied
with, the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as
amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq., which, among
other things, provide for fair and equitable treatment of persons
displaced or persons whose property is acquired as a result of Federal
or federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes and
displacement caused by the project regardless of Federal participation
in any purchase. As required by sections 210 and 305 of the Uniform
Relocation Act, 42 U.S.C. 4630 and 4655, and by U.S. DOT regulations,
``Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally Assisted Programs,'' 49 CFR 24.4, the Indian
tribe assures that it has the requisite authority under its applicable
tribal government law to comply with the requirements of the Uniform
Relocation Act, 42 U.S.C. 4601 et seq., and U.S. DOT regulations,
``Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally Assisted Programs,'' 49 CFR part 24, and will
comply with that Act or has complied with that Act and those
implementing regulations, including but not limited to the following:
(a) The Indian tribe will adequately inform each affected person of
the benefits, policies, and procedures provided for in 49 CFR part 24;
(b) The Indian tribe will provide fair and reasonable relocation
payments and assistance as required by 42 U.S.C. 4622, 4623, and 4624;
49 CFR part 24; and any applicable FTA procedures, to or for families,
individuals, partnerships, corporations, or associations displaced as a
result of any project financed with FTA assistance;
(c) The Indian tribe will provide relocation assistance programs
offering the services described in 42 U.S.C. 4625 to such displaced
families, individuals, partnerships, corporations, or associations in
the manner provided in 49 CFR part 24;
(d) Within a reasonable time before displacement, the Indian tribe
will make available comparable replacement dwellings to displaced
families and individuals as required by 42 U.S.C. 4625(c)(3);
(e) The Indian tribe will carry out the relocation process in such
manner as to provide displaced persons with uniform and consistent
services, and will make available replacement housing in the same range
of choices with respect to such housing to all displaced persons
regardless of race, color, religion, or national origin;
(f) In acquiring real property, the Indian tribe will be guided to
the greatest extent practicable under state law, by the real property
acquisition policies of 42 U.S.C. 4651 and 4652;
(g) The Indian tribe will pay or reimburse property owners for
necessary expenses as specified in 42 U.S.C. 4653 and 4654, with the
understanding that FTA will provide Federal financial assistance for
the Indian tribe's eligible costs of providing payments for those
expenses, as required by 42 U.S.C. 4631;
(h) The Indian tribe will execute such amendments to third party
contracts and subagreements financed with FTA assistance and execute,
furnish, and be bound by such additional documents as FTA may determine
necessary to effectuate or implement the assurances provided herein;
and
(i) The Indian tribe agrees to make these assurances part of or
incorporate them by reference into any third party contract or
subagreement, or any amendments thereto, relating to any project
financed by FTA involving relocation or land acquisition and provide in
any affected document that these relocation and land acquisition
provisions shall supersede any conflicting provisions;
(7) To the extent applicable, will comply with the Davis-Bacon Act,
as amended, 40 U.S.C. 3141 et seq., the Copeland ``Anti-Kickback'' Act,
as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor
standards for federally assisted projects;
(8) To the extent applicable, will comply with the flood insurance
purchase requirements of section 102(a) of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), requiring the
Indian tribe and its subrecipients in a special flood hazard area to
participate in the program and purchase flood insurance if the total
cost of insurable construction and acquisition is $10,000 or more;
(9) To the extent applicable, will comply with the Lead-Based Paint
Poisoning Prevention Act, 42 U.S.C. 4831(b), which prohibits the use of
lead-based paint in the construction or rehabilitation of residence
structures;
(10) To the extent applicable, will not dispose of, modify the use
of, or change the terms of the real property title or other interest in
the site and facilities on which a construction project supported with
FTA assistance takes place without permission and instructions from
FTA;
(11) To the extent required by FTA, will record the Federal
interest in the title of real property, and will include a covenant in
the title of real property acquired in whole or in part with Federal
assistance funds to assure nondiscrimination during the useful life of
the project;
(12) To the extent applicable, will comply with FTA provisions
concerning

[[Page 46970]]

the drafting, review, and approval of construction plans and
specifications of any construction project supported with FTA
assistance. As required by U.S. DOT regulations, ``Seismic Safety,'' 49
CFR 41.117(d), before accepting delivery of any building financed with
FTA assistance, it will obtain a certificate of compliance with the
seismic design and construction requirements of 49 CFR part 41;
(13) To the extent applicable, will provide and maintain competent
and adequate engineering supervision at the construction site of any
project supported with FTA assistance to ensure that the complete work
conforms with the approved plans and specifications, and will furnish
progress reports and such other information as may be required by FTA
or the state;
(14) To the extent applicable, will comply with any applicable
environmental standards that may be prescribed to implement the
following Federal laws and executive orders:
(a) Institution of environmental quality control measures under the
National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321
through 4335 and Executive Order No. 11514, as amended, 42 U.S.C. 4321
note;
(b) Notification of violating facilities pursuant to Executive
Order No. 11738, 42 U.S.C. 7606 note;
(c) Protection of wetlands pursuant to Executive Order No. 11990,
42 U.S.C. 4321 note;
(d) Evaluation of flood hazards in floodplains in accordance with
Executive Order No. 11988, 42 U.S.C. 4321 note;
(e) Assurance of project consistency with the approved state
management program developed pursuant to the requirements of the
Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 through
1465;
(f) Conformity of Federal actions to State (Clean Air)
Implementation Plans under section 176(c) of the Clean Air Act of 1955,
as amended, 42 U.S.C. 7401 through 7671q;
(g) Protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f through
300j-6;
(h) Protection of endangered species under the Endangered Species
Act of 1973, as amended, 16 U.S.C. 1531 through 1544; and
(i) Environmental protections for Federal transportation programs,
including, but not limited to, protections for parks, recreation areas,
or wildlife or waterfowl refuges of national, state, local, or tribal
government significance or any land from a historic site of national,
state, local, or tribal government significance to be used in a
transportation project as required by 49 U.S.C. 303(b) and 303(c);
(j) Protection of the components of the national wild and scenic
rivers systems, as required under the Wild and Scenic Rivers Act of
1968, as amended, 16 U.S.C. 1271 through 1287; and
(k) Provision of assistance to FTA in complying with section 106 of
the National Historic Preservation Act of 1966, as amended, 16 U.S.C.
470f; with the Archaeological and Historic Preservation Act of 1974, as
amended, 16 U.S.C. 469 through 469c ; and with Executive Order No.
11593 (identification and protection of historic properties), 16 U.S.C.
470 note;
(15) Because a tribal government is not covered by the Hatch Act,
the Indian tribe is not required to comply with the requirements of the
Hatch Act, 5 U.S.C. 1501 through 1508 and 7324 through 7326, which
limit the political activities of state and local agencies and their
officers and employees whose primary employment activities are financed
in whole or part with Federal funds including a Federal grant agreement
except, in accordance with 49 U.S.C. 5307(k)(2) and 23 U.S.C. 142(g),
the Hatch Act does not apply to a nonsupervisory employee of a public
transportation system (or of any other agency or entity performing
related functions) receiving FTA assistance to whom that Act does not
otherwise apply;
(16) To the extent applicable, will comply with the National
Research Act, Pub. L. 93-348, July 12, 1974, as amended, 42 U.S.C. 289
et seq., and U.S. DOT regulations, ``Protection of Human Subjects,'' 49
CFR part 11, regarding the protection of human subjects involved in
research, development, and related activities supported by Federal
assistance;
(17) To the extent applicable, will comply with the Laboratory
Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., and U.S.
Department of Agriculture regulations, ``Animal Welfare,'' 9 CFR
subchapter A, parts 1, 2, 3, and 4, regarding the care, handling, and
treatment of warm blooded animals held or used for research, teaching,
or other activities supported by Federal assistance;
(18) Will have performed the financial and compliance audits as
required by the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et
seq., OMB Circular A-133, ``Audits of States, Local Governments, and
Non-Profit Organizations,'' Revised, and the most recent applicable OMB
A-133 Compliance Supplement provisions for the U.S. DOT; and
(19) To the extent applicable, will comply with all applicable
provisions of all other Federal laws, regulations, and directives
governing the project, except to the extent that FTA has expressly
approved otherwise in writing.

G. Procurement Compliance

In accordance with 49 CFR 18.36(g)(3)(ii), the Indian tribe
certifies that its procurement system will comply with the requirements
of 49 CFR 18.36, or will inform FTA promptly that its procurement
system does not comply with 49 CFR 18.36.

H. Bus Testing

As required by 49 U.S.C. 5318 and FTA regulations, ``Bus Testing,''
at 49 CFR 665.7, the Indian tribe certifies that, before expending any
Federal assistance to acquire the first bus of any new bus model or any
bus model with a new major change in configuration or components, or
before authorizing final acceptance of that bus (as described in 49 CFR
part 665), the bus model:
A. Will have been tested at FTA's bus testing facility; and
B. Will have received a copy of the test report prepared on the bus
model.

I. Charter Service Agreement

(1) As required by 49 U.S.C. 5323(d) and (g) and FTA regulations,
``Charter Service,'' at 49 CFR 604.7, the Indian tribe agrees that it
and each subrecipient and third party contractor at any tier will:
(a) Provide charter service that uses equipment or facilities
acquired with Federal assistance authorized under 49 U.S.C. chapter 53
(except 49 U.S.C. 5310 or 5317), or under 23 U.S.C. 133 or 142 for
transportation projects, only to the extent that there are no private
charter service operators willing and able to provide the charter
service that it or its subrecipients or third party contractors at any
tier desire to provide, unless one or more of the exceptions in 49 CFR
604.9 applies; and
(b) Comply with the requirements of 49 CFR part 604 before
providing any charter service using equipment or facilities acquired
with Federal assistance authorized under 49 U.S.C. chapter 53 (except
49 U.S.C. 5310 or 5317), or under 23 U.S.C. 133 or 142 for
transportation projects.
(2) The Indian tribe understands that:
(a) The requirements of 49 CFR part 604 will apply to any charter
service it or its subrecipients or third party contractors provide,

[[Page 46971]]

(b) The definitions of 49 CFR part 604 will apply to this Charter
Service Agreement, and
(c) A violation of this Charter Service Agreement may require
corrective measures and imposition of penalties, including debarment
from the receipt of further Federal assistance for transportation.

J. School Transportation Agreement

(1) As required by 49 U.S.C. 5323(f) and (g) and FTA regulations at
49 CFR 605.14, the Indian tribe agrees that it and each subrecipient or
third party contractor at any tier will:
(a) Engage in school transportation operations in competition with
private school transportation operators only to the extent permitted by
49 U.S.C. 5323(f) and (g), and Federal regulations; and
(b) Comply with the requirements of 49 CFR part 605 before
providing any school transportation using equipment or facilities
acquired with Federal assistance authorized under 49 U.S.C. chapter 53
or under 23 U.S.C. 133 or 142 for transportation projects.
(2) The Indian tribe understands that:
(a) The requirements of 49 CFR part 605 will apply to any school
transportation service it or its subrecipients or third party
contractors provide,
(b) The definitions of 49 CFR part 605 will apply to this School
Transportation Agreement, and
(c) A violation of this School Transportation Agreement may require
corrective measures and imposition of penalties, including debarment
from the receipt of further Federal assistance for transportation.

K. Demand Responsive Service

As required by U.S. DOT regulations, ``Transportation Services for
Individuals with Disabilities (ADA),'' at 49 CFR 37.77(d), the Indian
tribe certifies that its demand responsive service offered to
individuals with disabilities, including individuals who use
wheelchairs, is equivalent to the level and quality of service offered
to individuals without disabilities. When the Indian tribe's service is
viewed in its entirety, the Indian tribe's service for individuals with
disabilities is provided in the most integrated setting feasible and is
equivalent with respect to: (1) Response time, (2) fares, (3)
geographic service area, (4) hours and days of service, (5)
restrictions on trip purpose, (6) availability of information and
reservation capability, and (7) constraints on capacity or service
availability.

L. Alcohol Misuse and Prohibited Drug Use

As required by FTA regulations, ``Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations,'' at 49 CFR part 655,
subpart I, the Indian tribe certifies that it has established and
implemented an alcohol misuse and anti-drug program, and has complied
with or will comply with all applicable requirements of FTA
regulations, ``Prevention of Alcohol Misuse and Prohibited Drug Use in
Transit Operations,'' 49 CFR part 655.

M. National Intelligent Transportation Systems Architecture and
Standards

If the Indian tribe's project involves the acquisition of an
Intelligent Transportation System (ITS), defined as technology or
system of technologies that provides or significantly contribute to the
provision of one or more ITS user services as defined in the National
ITS Architecture, the Indian tribe will use its best efforts to ensure
that any Intelligent Transportation System solutions used in its
Project do not preclude interface with other Intelligent Transportation
Systems in the Region. (See FTA Notice, ``FTA National ITS Architecture
Policy on Transit Projects'' 66 FR 1455 et seq. January 8, 2001 and
other FTA Program Guidance that may be issued.)
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Appendix C--Technical Assistance Contacts

Tribal Technical Assistance Program (TTAP) Centers

TTAP-Alaska
Alaska Tribal Technical Assistance Program, NW & AK TTAP, 329
Harbor Dr. 208, Sitka, AK 99835, Contact: Dan Moreno,
Telephone: (800) 399-6376, Fax: (907) 747-5032, E-mail:
dmoreno@mail.ewu.edu, Web: http://www.ewu.edu/TTAP.

TTAP-California
TTAP-California-Nevada, The National Center for American Indian
Enterprise Development, 11138 Valley Mall, Suite 200, El Monte, CA
91731, Contact: Lee Bigwater, Telephone: (626) 350-4446, Fax: (626)
442-7115.
TTAP-Colorado
Tribal Technical Assistance Program at Colorado State University,
Rockwell Hall, Rm. 321, Colorado State University, Fort Collins, CO
80523-1276, Contact: Ronald Hall, Telephone: (800) 262-7623, Fax: (970)
491-3502, E-mail: ronald.hall@colostate.edu, Web: http://ttap.colostate.edu/
.

TTAP-Michigan
Tribal Technical Assistance Program, 301-E Dillman Hall, Michigan
Technological University, 1400 Townsend Dr., Houghton, MI 49931-1295,
Contact: Bernard D. Alkire, Telephone: (888) 230-0688, Fax: (906) 487-
1834, E-mail: balkire@mtu.edu, Web: http://www.ttap.mtu.edu.

TTAP-North Dakota
Northern Plains Tribal Technical Assistance Program, United Tribes
Technical College, 3315 University Drive, Bismarck, ND 58504, Contact:
Dennis Trusty, Telephone: (701) 255-3285 ext. 1262, Fax: (701) 530-
0635, E-mail: nddennis@hotmail.com or dtrusty@uttc.edu, Web: http://
www.uttc.edu/organizations/ttap/ttap.asp
.

TTAP-NW
Northwest Tribal Technical Assistance Program, Eastern Washington
University Department of Urban Planning, Public & Health
Administration, 216 Isle Hall, Cheney, WA 99004, Contact: David Frey,
Telephone: (800) 583-3187, Fax: (509) 359-7485, E-mail:
rrolland@ewu.edu, Web: http://www.ewu.edu/TTAP.

TTAP-Oklahoma
Tribal Technical Assistance Program at Oklahoma State University,
Oklahoma State University, 5202 N. Richmond Hills Road, Stillwater, OK
74078-0001, Contact: James Self, Telephone: (405) 744-6049, Fax: (405)
744-7268, E-mail: jim.self@okstate.edu, Web: http://ttap.okstate.edu.

National RTAP (National Rural Transit Assistance Program), E-mail:
nationalrtap@apwa.net, http://www.nationalrtap.org/, Dave Barr 202-218-

6722, Community Transportation Association of America), The Resource
Center--1800-891-0590, http://www.ctaa.org/.

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

BILLING CODE 4910-57-P