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the special needs of elderly individuals and
individuals with disabilities is:
(a) Unavailable,
(b) Insufficient, or
(c) Inappropriate, or
(2) A State or local governmental authority that:
(a) Is approved by a State to coordinate services for seniors and individuals
with disabilities, or
(b) Certifies that there are not any nonprofit organizations readily available
in the area to provide public transportation capital Projects planned,
designed, and carried out to meet the special needs of seniors and
individuals with disabilities,
b. The Projects your State Applicant has selected or will select for funding
appropriated or made available for former 49 U.S.C. 5310 are included in a public
transit-human services transportation plan that has been:
(1) Locally developed, and
(2) Coordinated,
c. That public transit-human services transportation plan was developed and
approved through a process that included participation by:
(1) Elderly Individuals,
(2) Individuals with disabilities,
(3) Representatives of public, private, and nonprofit transportation providers,
(4) Representatives of human services providers, and
(5) Other members of the public,
d. If your State Applicant allocates funds received under former 49 U.S.C. 5310 to
Subrecipients, your State Applicant will have allocated those funds on a fair and
equitable basis,
e. The Program of Projects your State Applicant has submitted or will submit
contains or will contain an assurance that the Program provides for the maximum
feasible coordination of transportation services funded by former 49 U.S.C. 5310
with transportation services funded by other Government sources,
f. If your State Applicant transfers former 49 U.S.C. 5310 funds to another Project
funded under 49 U.S.C. 5336 in accordance with former 49 U.S.C. 5310(b)(2),
the Project for which the funds are requested has been coordinated with private
nonprofit providers of service under former 49 U.S.C. 5310, and
g. It will comply with the requirements of former 49 U.S.C. 5307 that FTA
determined will apply to the former Formula Grants for the Special Needs of
Elderly Individuals and Individuals with Disabilities Program,
2. The following Certifications for the Special Needs of Elderly Individuals and
Individuals with Disabilities Program are required by former 49 U.S.C. 5307(d)(1).
Therefore, except as FTA determines otherwise in writing, on behalf of your State
Applicant, you certify that:
a. Your State Applicant and each of its Subrecipients have or will have the
following to carry out its proposed Project(s), including the safety and security
FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES
aspects of the proposed Project(s):
(1) Legal capacity,
(2) Financial capacity, and
(3) Technical capacity,
b. Your State Applicant and each Subrecipient has or will have satisfactory
continuing control over the use of Project equipment and facilities,
c. Your State Applicant and each of its Subrecipients will maintain its Project
equipment and facilities adequately,
d. When carrying out a procurement under former 49 U.S.C. 5310, it will, and will
require each Subrecipient, to comply with the following provisions as amended by
MAP-21:
(1) Competitive procurement (as defined or approved by FTA), as required by
49 U.S.C. 5325(a),
(2) The prohibition against exclusionary or discriminatory specifications in its
procurements under 49 U.S.C. 5323(h),
(3) “Buy America” under 49 U.S.C. 5323(j),
(4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m),
(5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and
(6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k),
e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325,
f. Your State Applicant:
(1) Has or will have and, as necessary, will require each Subrecipient to have the
amount of funds required for the local share by former 49 U.S.C. 5310(c)(2),
(2) Will provide and, as necessary, will require each Subrecipient to provide, the
local share funds from sources approved by FTA, and
(3) Will provide and, as necessary, will require each Subrecipient to provide, the
local share funds when needed,
g. It has complied or will comply with, and will require each Subrecipient to comply
with, 49 U.S.C. 5303, and 5304, and
h. To the extent applicable, your State Applicant will comply with and, as necessary,
will require each Subrecipient to comply with the final Federal regulations, when
issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d).
16.C. New Freedom Program.
If your Applicant seeks FTA funding for its Project under the New Freedom Program,
former 49 U.S.C. 5317, in effect in FY 2012 or a previous fiscal year, except as
superseded by MAP-21 cross-cutting requirements that apply, the Certifications in
Group 16.C apply to your Applicant, except as FTA determines otherwise in writing.
1. Former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year requires the
following Certification for the New Freedom Program. Therefore, except as FTA
determines otherwise in writing, on behalf of your Applicant, you certify that:
a. It will make awards of New Freedom funding on a competitive basis after
conducting:
FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES
(1) An areawide solicitation in cooperation with the appropriate metropolitan
planning organization for applications for funding in compliance with former
49 U.S.C. 5317(d)(1), or
(2) A statewide solicitation for applications for New Freedom funding in
compliance with former 49 U.S.C. 5317(d)(2),
b. Any allocations to Subrecipients of New Freedom funding authorized by former
49 U.S.C. 5317 will be distributed on a fair and equitable basis,
c. It will comply with the following Project selection and planning requirements:
(1) The Projects it has selected or will select for funding appropriated or made
available for that program were derived from a public transit-human services
transportation plan that has been:
(a) Locally developed, and
(b) Coordinated,
(2) That locally developed and coordinated plan was produced through a process
that included:
(a) Representatives of public, private, and nonprofit transportation providers,
(b) Representatives of public, private, and nonprofit human services
providers, and
(c) Participation by the public,
d. Before it transfers funds to a Project funded by former 49 U.S.C. 5311(c), former
49 U.S.C. 5336, or both:
(1) The funding to be transferred may be made available only to Projects eligible
for funding appropriated or made available for former 49 U.S.C. 5317, and
(2) It will have consulted with responsible local officials and publicly owned
operators of public transportation in each area for which the amount to be
transferred was originally awarded,
e. The requirements of former 49 U.S.C. 5307 and 5310, as determined by FTA, will
apply to the New Freedom Program, authorized by former 49 U.S.C. 5317, and
2. The following Certifications for the New Freedom Program are required by former
49 U.S.C. 5307(d)(1) and 5310. Therefore, except as FTA determines otherwise in
writing, on its behalf, you certify that:
a. It has or will have, and will require each Subrecipient to have, the following to
carry out its proposed Project(s), including the safety and security aspects of its
proposed Project(s):
(1) Legal capacity,
(2) Financial capacity, and
(3) Technical capacity,
b. It has or will have, and will require each Subrecipient to have, satisfactory
continuing control over the use of Project equipment and facilities,
c. It will maintain, and will require each Subrecipient to maintain, its Project
equipment and facilities adequately,
d. When carrying out a procurement under former 49 U.S.C. 5317, it will, and will
require each Subrecipient, to comply with the following provisions as amended by
MAP-21:
(1) Competitive procurement (as defined or approved by FTA), as required by
FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES
49 U.S.C. 5325(a),
(2) The prohibition against exclusionary or discriminatory specifications in its
procurements under 49 U.S.C. 5323(h),
(3) “Buy America” under 49 U.S.C. 5323(j),
(4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m),
(5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and
(6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k),
e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325,
f. It:
(1) Has or will have and, as necessary, will require each Subrecipient to have the
amount of funds required for the local share required by former 49 U.S.C.
5317(g),
(2) Will provide and, as necessary, will require each Subrecipient to provide, the
local share funds from sources approved by FTA, and
(3) Will provide and, as necessary, will require each Subrecipient to provide, the
local share funds when needed,
g. It has complied or will comply with, and will require each Subrecipient to comply
with, 49 U.S.C. 5303, and 5304, and
h. To the extent applicable, it will comply with and, as necessary, will require each
Subrecipient to comply with the final Federal regulations, when issued, that
implement the safety plan requirements of 49 U.S.C. § 5329(d).
GROUP 17. RURAL/OTHER THAN URBANIZED AREAS/APPALACHIAN
DEVELOPMENT/OVER-THE-ROAD BUS ACCESSIBILITY PROGRAMS.
The Certifications in Group 17 are required for funding under:
17.A. The Formula Grants for Rural Areas Program financed with funding
appropriated or made available for 49 U.S.C. 5311(b), as amended by MAP-21,
(Separate Certifications and Assurances have been established in Group 18 for
an Indian tribe that is an Applicant for a Public Transportation on Indian
Reservations Project financed with funding made available for 49 U.S.C.
5311(c))(1), as amended by MAP-21.)
17.B. The Formula Grants for Other Than Urbanized Areas Program financed with
funding appropriated or made available for former 49 U.S.C. 5311(b) in effect in
FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting
requirements that apply, (Separate Certifications and Assurances have been
established in Group 18 for an Indian tribe that is an Applicant for a “Tribal
Transit” Project financed with funding made available for former 49 U.S.C.
5311(c)(1) in effect in FY 2012 or a previous fiscal year.)
17.C. The Appalachian Development Public Transportation Assistance Program
financed with funding appropriated or made available for 49 U.S.C. 5311(c)(2),
as amended by MAP-21, and
17.D. The Over-the-Road Bus Accessibility Program financed with funding
appropriated or made available for section 3038 of TEA-21, as amended by
section 3039 of SAFETEA-LU, 49 U.S.C. 5310 note, except as superseded by
FTA
