Okaloosa County BOCC — February 18, 2014 — reading text

Federal Financial Assistance,” 49 CFR part 25, Packet Pg. 949  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) The prohibitions against discrimination on the basis of age in federally funded programs, as provided in the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 – 6107, (4) The prohibitions against discrimination on the basis of disability in federally funded programs, as provided in section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, (5) The prohibitions against discrimination on the basis of disability, as provided in the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., (6) The prohibitions against discrimination in the sale, rental, or financing of housing, as provided in Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., (7) The prohibitions against discrimination on the basis of drug abuse, as provided in the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., (8) The prohibitions against discrimination on the basis of alcohol abuse, as provided in the Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.C. 4541 et seq., (9) The confidentiality requirements for records of alcohol and drug abuse patients, as provided in the Public Health Service Act, as amended, 42 U.S.C. 290dd – 290dd-2, and (10) The nondiscrimination provisions of any other statute(s) that may apply to its Project, b. As provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Relocation Act), 42 U.S.C. 4601 et seq., and 49 U.S.C. 5323(b), regardless of whether Federal funding has been provided for any of the real property acquired for Project purposes: (1) It will provide for fair and equitable treatment of displaced persons or persons whose property is acquired as a result of federally funded programs, and (2) It has the necessary legal authority under State and local laws and regulations to comply with: (a) The Uniform Relocation Act. 42 U.S.C. 4601 et seq., as specified by 42 U.S.C. 4630 and 4655, and (b) U.S. DOT regulations, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,” 49 CFR part 24, specifically 49 CFR 24.4, and (3) It has complied with or will comply with the Uniform Relocation Act and implementing U.S. DOT regulations because: (a) It will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24, (b) As required by 42 U.S.C. 4622, 4623, and 4624, and 49 CFR part 24, if an FTA funded Project results in displacement, it will provide fair and reasonable relocation payments and assistance to: 1 Displaced families or individuals, and Packet Pg. 950  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 2 Displaced Partnerships, corporations, or associations, (c) As provided by 42 U.S.C. 4625 and 49 CFR part 24, it will provide relocation assistance programs offering the services described in the U.S. DOT regulations to such displaced: 1 Families and individuals, and 2 Partnerships, corporations, or associations, (d) As required by 42 U.S.C. 4625(c)(3), within a reasonable time before displacement, it will make available comparable replacement dwellings to families and individuals, (e) It will: 1 Carry out the relocation process to provide displaced persons with uniform and consistent services, and 2 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) It will be guided by the real property acquisition policies of 42 U.S.C. 4651 and 4652, (g) It will pay or reimburse property owners for their necessary expenses as specified in 42 U.S.C. 4653 and 4654, understanding that FTA will provide Federal funding for its eligible costs for providing payments for those expenses, as required by 42 U.S.C. 4631, (h) It will execute the necessary implementing amendments to FTA funded third party contracts and subagreements, (i) It will execute, furnish, and be bound by such additional documents as FTA may determine necessary to effectuate or implement these assurances, (j) It will incorporate these assurances by reference into and make them a part of any third party contract or subagreement, or any amendments thereto, relating to any FTA funded Project involving relocation or land acquisition, and (k) It will provide in any affected document that these relocation and land acquisition provisions must supersede any conflicting provisions, c. It will comply with the Lead-Based Paint Poisoning Prevention Act, specifically 42 U.S.C. 4831(b), which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures, d. It will, to the extent applicable, comply with the protections for human subjects involved in research, development, and related activities supported by Federal funding of: (1) The National Research Act, as amended, 42 U.S.C. 289 et seq., and (2) U.S. DOT regulations, “Protection of Human Subjects,” 49 CFR part 11, e. It will, to the extent applicable, comply with the labor standards and protections for federally funded Projects of: (1) The Davis-Bacon Act, as amended, 40 U.S.C. 3141 – 3144, 3146, and 3147, (2) Sections 1 and 2 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. 874, and 40 U.S.C. 3145, respectively, and Packet Pg. 951  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) The Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., f. It will comply with any applicable environmental standards that may be prescribed to implement Federal laws and executive orders, including, but not limited to: (l) Following the institution of environmental quality control measures under the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 – 4335 and Executive Order No. 11514, as amended, 42 U.S.C. 4321 note, (2) Following the notification of violating facilities provisions of Executive Order No. 11738, 42 U.S.C. 7606 note, (3) Following the protection of wetlands provisions of Executive Order No. 11990, 42 U.S.C. 4321 note, (4) Following the evaluation of flood hazards in floodplains provisions of Executive Order No. 11988, 42 U.S.C. 4321 note, (5) Complying with the assurance of Project consistency with the approved State management program developed pursuant to the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 – 1465, (6) Complying with the Conformity of Federal Actions to State (Clean Air) Implementation Plans requirements under section 176(c) of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 – 7671q, (7) Complying with the protections for underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f – 300j-6, (8) Complying with the protections for endangered species under the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 – 1544, (9) Complying with the 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, (10) Complying with the protections for national wild and scenic rivers systems, as required under the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. 1271 – 1287, and (11) Complying with and facilitating compliance with: (a) Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470f, (b) The Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. 469 – 469c, and (c) Executive Order No. 11593 (identification and protection of historic properties), 16 U.S.C. 470 note, g. To the extent applicable, comply with the following Federal requirements for the care, handling, and treatment of warmblooded animals held or used for research, teaching, or other activities supported by Federal funding: (1) The Animal Welfare Act, as amended, 7 U.S.C. 2131 et seq., and (2) U.S. Department of Agriculture regulations, “Animal Welfare,” 9 CFR Packet Pg. 952  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES subchapter A, parts 1, 2, 3, and 4, h. To the extent applicable, obtain a certificate of compliance with the seismic design and construction requirements of U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically 49 CFR 41.117(d), before accepting delivery of any FTA funded building, i. Comply with, and assure that its Subrecipients located in special flood hazard areas comply with, section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), by: (1) Participating in the Federal flood insurance program, and (2) Purchasing flood insurance if the total cost of insurable construction and acquisition is $10,000 or more, j. Comply with: (1) The Hatch Act, 5 U.S.C. 1501 – 1508, 7324 – 7326, which limits 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, and (2) 49 U.S.C. 5323(l)(2) and 23 U.S.C. 142(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA funding appropriated or made available for 49 U.S.C. chapter 53 and 23 U.S.C. 142(a)(2) to whom the Hatch Act does not otherwise apply, k. Perform the financial and compliance audits as required by the: (1) Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq., (2) U.S. OMB Circular A-133, “Audits of States, Local Governments, and Non- Profit Organizations,” Revised, and (3) Most recent applicable U.S. OMB A-133 Compliance Supplement provisions for the U.S. DOT, l. Comply with all other Federal laws or regulations that apply, and m. Follow Federal guidance governing it and its Project, except to the extent that FTA has expressly approved otherwise in writing. GROUP 02. LOBBYING. Before FTA may