Notice: Grants and Cooperative Agreements Availability, Etc.: Public Transportation On Indian Reservations Program and Tribal Transit Program

Federal Register / Vol. 71, No.
157 / Tuesday, August 15, 2006 / Notices 46959
and its grant program is available at Program, a new program authorized by C. Other Issues
www.bywaysonline.org. the Safe, Accountable, Flexible, IV. Funding Opportunity Description
Respondents: An estimated total of Efficient Transportation Equity Act: A A. Authorized Funding for FY2006
B. Background
60, to include 50 State Departments of Legacy for Users. Finally, this Notice
V. Award Information
Transportation, the District of Columbia announces a national solicitation for VI. Eligibility Information
and Puerto Rico, Federal Land applications, with grantees and projects A. Eligible Applicants
Management Agencies, State and local to be selected on a competitive basis; B. Eligible Projects
governments, non-profit agencies and the grant terms and conditions that will VII. Cost Sharing or Matching
Tribal Governments. It is estimated that apply to this new program; and grant VIII. Terms and Conditions
400 applications will be received application procedures and selection IX. Application Submission Information
annually. criteria for FY 2006 projects. X. Guidelines for Preparing Grant
Frequency: Annual. Application
ADDRESSES: This announcement is
Estimated Average Burden per XI. Application Content
available on the FTA’s Web site at: A. Application Information
Response: 40 hours. http://www.fta.dot.gov. FTA will B. Technical, Legal, and Financial Capacity
Estimated Total Annual Burden announce final selections on the Web C. Project Information
Hours: 16,000 hours. site and in the Federal Register. A D. Application Evaluation Criteria
Electronic Access: Internet users may synopsis of this announcement will be E. Submission Dates
access all comments received by the posted on the governmentwide F. Intergovernmental Review
U.S. DOT Dockets, Room PL–401, by electronic grants Web site at: http:// G. Funding Restrictions
using the universal resource locator www.GRANTS.GOV. Applications may H. Other Submission Requirements
(URL): http://dms.dot.gov, 24 hours XII. Application Review Process
be submitted in one of three ways:
each day, 365 days each year. Please A. Competitive Selection Process
electronically through GRANTS.GOV, in B. Evaluation Criteria
follow the instructions online for more hard copy to Federal Transit 1. Criterion 1: Project Planning and
information and help. Administration, 400 Seventh Street, Coordination
Authority: The Paperwork Reduction Act SW., Room 9315,Washington, DC 20590, 2. Criterion 2: Demonstration of Need
of 1995; 44 U.S.C. Chapter 35, as amended; Attention: Lorna R. Wilson; or sending 3. Criterion 3: Benefits of Project
and 49 CFR 1.48. by e-mail to fta.tribalprogram@dot.gov. 4. Criterion 4. Financial Commitment and
DATES: Complete applications for Public Operating Capacity
Issued on: August 9, 2006. C. Proposals for Planning Grants
James R. Kabel, Transportation on Indian Reservations
D. Review and Selection Process
Chief, Management Programs and Analysis Program grants must be submitted in XIII. Award Information
Division. hard copy to the FTA, via e-mail by XIV. Other Information
[FR Doc. E6–13394 Filed 8–14–06; 8:45 am] October 16, 2006, or submitted A. Technical Assistance
electronically through the B. Standard Assurances
BILLING CODE 4910–22–P
GRANTS.GOV Web site by October 16, C. Reporting
2006. Anyone intending to apply D. Agency Contacts
electronically should initiate the Appendices
DEPARTMENT OF TRANSPORTATION Appendix A. FTA Regional Offices and
process of registering on the
Tribal Liaison
Federal Transit Administration GRANTS.GOV site immediately to
Appendix B. Federal Fiscal Years 2006 and
ensure completion of registration before 2007 Certifications and Assurances for
[Docket No. FTA–2006–24143] the deadline for submission. FTA will the Federal Transit Administration
Public Transportation on Indian announce grant selections in the Public Transportation on Indian
Reservations Program; Tribal Transit Federal Register when the competitive Reservations Program
Program selection process is complete. Appendix C. Technical Assistance
Applicants should be aware that Contacts
AGENCY: Federal Transit Administration materials sent through the U.S. Postal I. Overview
(FTA), DOT. Service are subject to significant delays
ACTION: Notice of funding availability: in delivery due to the security screening Section 3013 of SAFETEA–LU
Solicitation of grant applications for FY process. Use of courier or express amended 49 U.S.C. 5311(c) by
2006 tribal Transit Program Funds. delivery services is recommended if establishing the Public Transportation
unable to apply electronically. on Indian Reservations Program
SUMMARY: This Notice accomplishes FOR FURTHER INFORMATION CONTACT: (hereinafter referred to as the Tribal
several purposes. First, the U.S. Contact the appropriate FTA regional Transit Program). This new program
Department of Transportation, Federal Tribal Liaison (Appendix A) for authorizes direct grants ‘‘under such
Transit Administration (FTA) application-specific information and terms and conditions as may be
summarizes and responds to written issues. For general program information, established by the Secretary’’ to Indian
comments FTA received in response to contact Lorna R. Wilson, Office of tribes for any purpose eligible under
a March 22, 2006, Federal Register Transit Programs, (202) 366-2053, FTA’s Nonurbanized Area Formula
Notice regarding proposed grant e-mail: Lorna.Wilson@dot.gov. A TDD is Program, 49 U.S.C. 5311. The funding
program provisions for this new available at 1–800–877–8339 (TDD/ level authorized for this new program
program and to oral comments FTA FIRS). will increase from $8 million in FY
received during two announced public SUPPLEMENTARY INFORMATION:
2006 to $15 million in FY 2009. The
meetings on this program that were held Conference Report to SAFETEA–LU
mstockstill on PROD1PC61 with NOTICES
on April 4, 2006, in Denver, Colorado, Table of Contents indicated that the funds set aside for
and on April 7, 2006, in Kansas City, I. Overview
Indian tribes in the Tribal Transit
Missouri. Second, this Notice II. Background Program are not meant to replace or
announces the availability of funds in III. Comments and Responses reduce funds that Indian tribes receive
fiscal year (FY) 2006 for the Public A. Process and Criteria from States through FTA’s
Transportation on Indian Reservations B. Terms and Conditions Nonurbanized Area Formula Program.
VerDate Aug<31>2005 15:41 Aug 14, 2006 Jkt 208001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\15AUN1.SGM 15AUN1
46960 Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices
II. Background favorable to the establishment and In addition, to further ensure an

FTA published a Notice in the implementation of this new program equitable distribution of funds in this
Federal Register dated November 30, and proposed program requirements. new program, FTA will separately
2005 (70 FR 71950), ‘‘FTA Transit However, the Indian tribes and others evaluate proposals under the following
Program Changes, Authorized Funding strongly disagreed with some of FTA’s three categories: (1) Start-up operations;
Levels and Implementation of the Safe, proposals in the March 22, 2006, (2) enhancements or expansions of
Accountable, Flexible, Efficient Federal Register Notice. The Indian existing transit services; and (3) transit
Transportation Equity Act: A Legacy for tribes also offered recommendations and planning and/or operational planning
Users: Notice’’ which announced changes to FTA’s proposals based on grants. The application process will also
their unique perspective and experience allow a tribal government to apply for
changes to current FTA programs and
in providing public transportation on multiple years of funding, subject to the
new programs, including the Tribal
Indian reservations. availability of appropriations.
Transit Program. In the November 30,
2005, Federal Register Notice, FTA set A. Process and Criteria B. Terms and Conditions
forth and requested public comments on Comment: There was a clear
the proposed basis for formula The March 22, 2006, Federal Register
Notice proposed a single annual consensus that strongly disagreed with
apportionment for the Tribal Transit FTA’s interpretation of section 5311(c)
Program, eligible grant purposes, and competitive selection process to fund
both new and existing tribal transit prohibiting the use of funds in the
proposed program requirements. Tribal Transit Program for planning
On March 22, 2006, FTA published a systems and suggested not establishing
minimum or maximum awards. In purposes. Commenters argued that the
Notice in the Federal Register (71 FR statute permits funds in the Tribal
14618), ‘‘Public Transportation on addition, the Notice proposed the
following five criteria that would be Transit Program to be used for any
Indian Reservations Program (49 U.S.C. purpose eligible under section 5311.
5311(c)(1): Notice of Public Meetings, evaluated and rated by FTA in making
an award selection: Demonstration of The commenters stated that other
Proposed Grant Program Provisions; subsections of section 5311 permit the
Notice.’’ FTA responded to comments need; benefits of the project; adequacy
of project planning; financial use of section 5311 funds for planning.
that were received from the public in Therefore, planning should be an
response to the November 30, 2005 commitment; and coordination. The
Indian tribes were mostly in agreement eligible purpose under section 5311(c).
Federal Register Notice, and requested Response: FTA’s interpretation that
additional comment on the following on FTA’s proposal to make single
planning was not an eligible use of
issues: the proposed basis for allocating annual competitive selections for
Tribal Transit Program funds was based
funds; grantee eligibility; eligible awards under the Tribal Transit on the program’s history. As originally
purposes for grant funds; proposed Program. However, there were divergent enacted, Nonurbanized Area Formula
terms and conditions for the grant comments received concerning the Program funds could be used only for
program, and local share options. The criteria proposed by FTA for project capital and operating purposes.
Notice also announced two one-day funding under this new program. We Although planning was permitted under
outreach meetings on the Tribal Transit will address the comments that were certain situations set forth in
Program. The comment period on the submitted by the Indian tribes and subsections (e) and (f) of section 5311,
March 22, 2006, Federal Register Notice others in the following section of this FTA viewed the limited eligibility of
ended on April 21, 2006, but comments document. planning in these subsections as an
submitted after that date were Comment: There were multiple exception to the general rule that
considered. comments concerning FTA’s proposal planning was not an eligible purpose. It
for allocating funds in this new followed that ‘‘any purpose eligible
III. Comments and Responses program. Several comments from small under [section 5311]’’ meant that
FTA received 28 written comments in Indian tribes observed that FTA’s section 5311(c)(1) funds could only be
response to the March 22, 2006, Federal criteria appeared to be biased in favor of used for capital and operating purposes.
Register Notice and additional oral existing tribal transit systems. Based on the comments submitted to
comments were received from the Comments from larger Indian tribes the docket from the Indian tribes and
Indian tribes and other organizations at stated that the criteria should be based other organizations, and comments
the two public outreach meetings that on established transit systems or for heard at the two public outreach
were held in April 2006. A summary of tribes that have identified their transit meetings held in April 2006 concerning
the oral comments were placed in the needs in the Tribal Transportation the issue that planning should be
docket for this Notice. All of the written Improvement Program. Other comments eligible under this new program, FTA
and oral comments received by FTA suggested an additional criterion that reviewed section 5311(c), as amended
during the comment period can be would consider the reasonableness of by SAFETEA-LU, to determine whether
divided into the following categories: (a) the amount requested or that projects a more expansive interpretation of the
The process and the criteria that should should be funded for multiple years to statute might be justified. Under a
be established by FTA to allocate ensure successful implementation of general rule of statutory construction
funding under the Tribal Transit transit projects. that gives weight to the plain meaning
Program; (b) the terms and conditions Response: FTA will ensure that there of a statute, we construe the word ‘‘any’’
that should be applied to grants will be an equitable distribution of in section 5311(c)(1) to be synonymous
awarded under the Tribal Transit funds in this new program for eligible with ‘‘all’’ eligible purposes under
Program, which includes the proposed transit projects that are planned, section 5311. This rule of statutory
options for local match; and (c) other constructed, or operated by the Indian construction is consistent with U.S.
issues that were not specifically tribes. FTA has decided to include the Supreme Court decisions which have
proposed or addressed in the March 22, following four criteria: project planning long held that there is no more
2006 Federal Register Notice. The and coordination; demonstration of persuasive evidence of the purpose of a
comments received from the Indian need; benefits of project; and financial statute than the words by which the
tribes and others were generally very commitment and operating capacity. legislature undertook to give expression
Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices 46961
to its wishes. U.S. v. American Trucking plans to State Departments of Rulemaking to revise its labor protective
Ass’ns., 310 U.S. 534, 543 (1940). By Transportation. arrangements for all FTA grants
applying this rule of statutory Comment: Many comments were (including the special warranty that is
construction, FTA has determined that received from the Indian tribes on FTA’s applied in the section 5311 program).
a broader interpretation of this statute two proposed options for local share. Also, although Congress chose not to
will more effectively carry out the Most of the comments opposed both apply section 5333(b) to several other
purpose of this new program. FTA options and recommended that FTA new programs enacted in SAFETEA-LU,
therefore interprets Section 5311(c) to eliminate the local share requirement. Congress amended section 5311(i) to
allow funds apportioned to Indian tribes Others generally favored a 20 percent apply section 5333(b) ‘‘if the Secretary
to be used for ‘‘any’’ purpose identified local match for both capital and of Labor utilizes a special warranty that
under section 5311, which includes operating expenses. provides a fair and equitable
planning activities. Response: FTA’s first option proposed arrangement to protect the interests of
FTA notes, however, that because a Federal share of 80 percent and a local employees.’’ Congress did not exempt
section 5311(c)(1) also states that the share of 20 percent for both capital and the Tribal Transit Program from this
Tribal Transit Program funds are to be operating assistance projects. The requirement. FTA therefore intends to
apportioned under such terms and second option proposed the highest apply the special warranty to the Tribal
conditions established by FTA, FTA has Federal share allowed under the Title 23 Transit Program in the future. However,
the discretion to limit the amount of Section sliding scale for States with FTA will postpone the application of
funds available for each eligible purpose large public lands. The second option the special warranty arrangement to the
under this program. Accordingly, FTA would thus allow a Federal share of 95 Tribal Transit Program until DOL adopts
will limit the amount of funds that are percent for capital projects and a federal procedures for the new program.
available for planning in the Tribal share of 60 percent for operating Comment: Several comments
Transit Program to 15 percent of the assistance projects. Under both of the questioned the applicability of Federal
grant award. In addition, for grants that two proposed options, FTA believes that Disadvantaged Business Enterprise
a Tribal financial contribution was (DBE) regulations, 49 CFR part 26, to
are exclusively for planning purposes,
important to register commitment to Indian tribes.
FTA will limit the amount of funds to
projects. However, FTA recognizes that Response: The U.S. Department of
$25,000 per applicant.
many Indian tribes have limited Transportation’s DBE regulation
Comment: Many of the Indian tribes, financial resources. In fact, because requires a grant recipient to implement
and several State Departments of tribes often lack financial resources, a DBE program and to establish annual
Transportation, commented on FTA’s other Federal assistance programs, such DBE goals for all contracting
proposal for planning requirements. as the Federal Highway Administration opportunities, except for vehicle
They disagreed with FTA’s proposal Indian Reservations Road program, procurements, where Federal financial
that Tribal Transportation Improvement require no Tribal contribution. Since assistance exceeds $250,000. However,
Plans (TTIP) or Long Range these concerns outweigh FTA’s interest due to the relatively small size of the
Transportation Plans be attached or in a financial expression of a tribal grants that will be awarded under this
included in the Statewide commitment to the program, FTA will new program and to streamline program
Transportation Improvement Program not require a non-Federal matching requirements for this new program to
(STIP). The State DOT’s specifically share for Tribal Transit Program grants. the benefit of Indian tribes, FTA has
contended that a TTIP which did not FTA believes that the intent of this new determined that the FTA DBE
meet various legal requirements (e.g., program will be more quickly achieved regulation, 49 CFR part 26, will not
public participation, fiscally without a tribal share matching apply to the Tribal Transit Program.
constrained plans) could potentially requirement. Comment: A few comments were
disqualify the State’s STIP process. Comment: Two commenters disagreed received from Indian tribes regarding
Therefore, they suggested that this with FTA’s proposal not to apply the FTA’s interpretation and application of
proposed planning requirement be labor protective provisions in 49 U.S.C. the Civil Rights Act of 1964 to tribal
omitted entirely or, alternatively, that section 5333(b) to grants under this new employment rights ordinances (TEROs),
the TTIP be attached to a STIP for program. It was argued that the Tribal which provide for Indian preference in
informational purposes only and that Transit Program is a program under employment and contracting.
the TTIP not be considered a formal part section 5311 (which is subject to Response: FTA will not require Indian
of the STIP. statutory labor protections) and there is tribes under this new program to
Response: FTA agrees with this no indication that Congress specifically comply with FTA’s program-specific
concern. FTA recognizes that Indian intended for section 5333(b) labor guidance for Title VI and Title VII of the
tribes are not subject to Federal protections to not apply to this new Civil Rights Act of 1964. Title VI of the
planning requirements. To require the program. Civil Rights Act prohibits
attachment of tribal transportation plans Response: FTA stated in the March discrimination on the basis of race,
to a STIP could not only cause 22, 2006 Federal Register Notice that color, and national origin in programs
unnecessary delay to the grant making direct grants from FTA to Indian tribes and activities receiving Federal
process but also potentially invalidate do not involve State-subrecipient financial assistance. Title VII of the
the State’s STIP. Accordingly, FTA will relationships. Therefore, the Civil Rights Act prohibits
not require Indian tribes to attach tribal administrative procedures the U.S. discrimination in employment in any
transportation plans to a STIP. However, Department of Labor (DOL) uses to business on the basis of race, color,
because it would assist both the Indian apply the section 5311 special warranty religion, sex, or national origin. Indian
tribes and State Departments of do not apply. tribes are specifically excluded from the
Transportation to coordinate and assess Accordingly, FTA proposed not to definition of an ‘‘employer’’ under the
their planned transportation projects, apply the labor protective provisions of Act. Thus, to the extent that TEROs are
FTA encourages Indian tribes, for 49 U.S.C. 5333(b) to this new program. consistent with federal statutes that
informational purposes only, to submit However, FTA is aware that DOL is authorize a general preference for
a copy of their tribal transportation currently initiating a Notice of Proposed Indians in employment or contracting
for Federally funded work on or around basis and criteria to allocate funding intercity bus service. However, Indian
Indian reservations, FTA will of course under this new program, proposed tribes may use Tribal Transit program
comply with applicable law. However, eligible activities, and proposed grant funds for purposes eligible under
although Indian tribes will not be requirements. The second Notice also section 5311(f).
subject to FTA’s program-specific announced two one-day public outreach Comment: One commenter inquired
requirements under Title VI and Title meetings on the Tribal Transit Program. whether a regional transit district,
VII of the Civil Rights Act, Indian tribes In the two public meetings held in which is a political body within a State,
under the Tribal Transit Program will Denver, Colorado, and Kansas City, would be able to apply for grants under
nonetheless still be subject to the Missouri, FTA presented its proposals the Tribal Transit Program on behalf of
provisions of Title VI and Title VII of as set forth in the March 22, 2006 Notice several Indian tribes.
the Civil Rights Act, unless they are and received further comments from the Response: As defined in section
specifically exempt from the Act. Indian tribes in attendance. In addition, 5311(a), as amended by SAFETEA–LU,
C. Other prior to the March 22, 2006, Notice, a recipient means a ‘‘State or Indian
Comment: A number of the Indian FTA conducted several national tribe that receives a Federal transit
tribes commented on the obligation of teleconferences with the Indian tribes to program grant directly from the Federal
FTA to properly consult with the Indian obtain their input and views on issues Government.’’ Indian tribes, in
tribes on a government-to-government concerning the development and accordance with this definition, are thus
basis for this new program in implementation of the Tribal Transit eligible direct recipients of funds under
accordance with Presidential executive Program. this new program. Under this statutory
orders and U.S. Department of Comment: Although FTA did not definition, however, a local government,
Transportation procedures. solicit comments, or propose guidance, such as a regional transit district, would
Response: FTA recognizes that the on the following issue, several Indian not be eligible to be a direct recipient
Federal government has a unique legal tribes suggested that FTA should and therefore a regional transit district
relationship with Indian Indian tribes. administer grants under this program in or any other local government could not
When FTA implements a program that a manner that is either the same or directly apply for grants on behalf of
might have substantial direct effects on similar to contracts and agreements Indian tribes under the Tribal Transit
the Indian tribes or on the sovereignty under the Indian Self-Determination
of the Indian tribes, FTA must consult Program. Although local governments
and Education Assistance Act will not be eligible direct recipients
and coordinate using established (ISDEAA).
principles. These principles are set forth under this new program, Indian tribes
Response: FTA recognizes Indian
in Presidential Executive Order 13175, may enter into intergovernmental
tribes as sovereign governments that can
‘‘Consultation and Coordination with agreements with local governments for
independently administer certain
Indian Tribal Governments,’’ November the purpose of assisting Indian tribes in
Federal government programs as
6, 2000, and U.S. Department of grant-related administrative
authorized by the ISDEAA. Although
Transportation Order 5301.1, the statutory authority to enter into requirements, such as grant preparation,
‘‘Department of Transportation contracts with Indian tribes under grant reporting, etc.
Programs, Policies, and Procedures ISDEAA does not include the FTA, FTA Comment: Some commenters strongly
affecting American Indians, Alaska is nonetheless implementing this new encouraged FTA to provide funding for
Natives and tribes for programs affecting program in a manner consistent with the technical and planning assistance to
Indian tribal governments.’’ principles of self-determination that are tribal transit programs through the
During the development of policies embodied in ISDEAA. To do so, FTA is seven (7) Tribal Technical Assistance
and procedures for the Tribal Transit streamlining and omitting many of the Programs (TTAP) because SAFETEA–
Program, FTA consulted and U.S. Department of Transportation and LU authorized an increased funding
coordinated with the Indian tribes FTA regulatory requirements that apply level for FTA’s Rural Technical
consistent with these Executive Orders. to other FTA programs as authorized in Assistance Program.
Specifically, FTA announced and SAFETEA–LU. FTA will make grants Response: FTA’s Rural Transit
invited comments from the Indian tribes directly to Indian Indian tribes. The Assistance Program (RTAP) provides
concerning the Tribal Transit Program Tribal Transit grants will not be funding to assist in training and
in two separate Federal Register administered by the Bureau of Indian technical assistance projects and other
Notices. The first Federal Register Affairs or any other Federal agency. support services for transit operators in
Notice, (70 FR 71950), ‘‘FTA Transit Comment: A few commenters nonurbanized areas. The RTAP program
Program Changes, Authorized Funding indicated that Indian tribes should not provides an annual allocation to each
Levels and Implementation of the Safe, be required to comply with the intercity State in conjunction with the State’s
Accountable, Flexible, Efficient bus service provisions in section administration of the section 5311
Transportation Equity Act: A Legacy for 5311(f). formula assistance program. Because
Users: Notice,’’ was published on Response: FTA agrees with these TTAPs are experienced in technical
November 30, 2005. This first Notice comments. We do not intend to require assistance to the tribes, FTA will
invited comment from the Indian tribes tribes to spend 15 percent of funds encourage States to work with TTAP
and others on the proposed basis for received under the Tribal Transit centers to provide technical assistance
formula apportionment for the Tribal Program for intercity bus service. This to tribes. FTA is currently creating a
Transit Program, eligible grant purposes, section 5311(f) requirement only applies partnership between the TTAPs and the
and proposed program requirements. A to section 5311 funds that are National RTAP.
second Federal Register Notice, apportioned to the States, and not to Comment: Commenters requested
published on March 22, 2006, section 5311 funds disbursed directly to FTA to either exclude or limit the
responded to comments received from tribes under the Tribal Transit Program. eligibility of indirect costs for funds
the Indian tribes on the November 30, Therefore, Indian tribes that are received under the Tribal Transit
2005 Notice. The second Notice further recipients of funds under the Tribal Program. They maintained that high
solicited comments from the Indian Transit Program are not required to indirect cost rates of many tribes would
tribes and others on FTA’s proposed expend any part of those funds for dampen the program’s benefits.
Response: FTA agrees with this V. Award Information VIII. Terms and Conditions
comment. FTA has determined that the Section 3013 of SAFETEA-LU
The number and amount of awards
eligible indirect costs will be limited to amended 49 U.S.C. 5311(c) by
will be determined by a competitive
10 percent of each Tribal Transit grant authorizing funds for the Tribal Transit
process. However, funding is available
award. Program ‘‘under such terms and
Comment: One commenter inquired for start up services, enhancements or
expansion of existing transit services, conditions as may be established by the
whether an Indian tribe that is within an Secretary.’’ Pursuant to this
urbanized area would be eligible to and for planning studies and
operational planning. Approximately discretionary statutory authority in
receive funds under the Tribal Transit SAFETEA-LU, FTA published a Notice
Program. 25% of the funding is set aside for start
up grants. Planning grants will be dated March 22, 2006, in the Federal
Response: The Tribal Transit Program Register (71 FR 14618), ‘‘Public
is a program established under the limited to $25,000 per applicant.
Multiple year projects will be Transportation on Indian Reservations
section 5311 program. The purpose of Program (49 U.S.C. 5311(c)(1): Notice of
the section 5311 program is to carry out considered for funding, subject to the
availability of annual appropriations. Public Meetings, Proposed Grant
transit projects in rural areas. The Program Provisions,’’ and proposed
general authority for the section 5311 VI. Eligibility Information certain statutory and regulatory terms
program is set forth in subsection (b) and conditions that should apply to
which provides that FTA may award A. Eligible Applicants
grants awarded under this new program.
grants to recipients located in areas Eligible direct recipients include The statutory and regulatory terms and
other than urbanized areas (i.e., areas federally-recognized Indian tribes or conditions that were proposed by FTA
with a population less than 50,000). Alaska Native villages, groups, or for the Tribal Transit Program pertained
Therefore, because the set aside of communities as identified by the Bureau only to U.S. Department of
section 5311 funds for the Tribal Transit of Indian Affairs (BIA) in the U.S. Transportation and FTA requirements.
Program is authorized by statute only Department of the Interior. To be As we indicated in the March 22, 2006,
for areas other than urbanized areas (i.e., eligible recipients, tribes must have the Federal Register Notice, FTA does not
rural areas), an Indian tribe that is requisite legal, financial and technical possess the authority to waive cross-
located within an urbanized area would capabilities to receive and administer cutting or government-wide statutory
not be eligible to receive funds under Federal funds under this program. and regulatory requirements (e.g.,
the Tribal Transit Program. National Environmental Policy Act).
B. Eligible Projects
IV. Funding Opportunity Description However, to the extent permitted by law
Tribal Transit Program funds may be and in recognition of the unique status
A. Authorized Funding for FY 2006 used for any purpose authorized under and autonomy of Indian Indian tribes,
The Tribal Transit Program was section 5311. This means that grants can FTA has made every effort in
established by section 3013 of be awarded to recipients located in rural establishing the terms and conditions to
SAFETEA-LU. This section authorized and small urban areas with populations balance the objective of this new
$45 million from the Nonurbanized under 50,000 not identified as an program, which will directly benefit
Area Formula Grants Program (49 U.S.C. urbanized area by the Bureau of the transit projects for Indian tribes, with
5311) for FY 2006–FY 2009 to be Census for public transportation capital other national objectives (e.g., safety)
apportioned for grants directly to Indian projects, operating costs of equipment that are important not only to Indian
tribes. The actual amount each year is and facilities for use in public tribes but also to the general public.
subject to the availability of transportation, planning, and the FTA received a substantial number of
appropriations. Under the Tribal Transit acquisition of public transportation comments from Indian tribes and other
Program, Indian tribes are eligible direct services, including service agreements groups concerning certain proposed
recipients. The funds are to be with private providers of public terms and conditions for the Tribal
apportioned for grants to Indian tribes transportation services. Service funded Transit Program and FTA’s responses to
for any purpose eligible under the under this program must be designed to these comments were specifically
Nonurbanized Area Formula Program be accessible to members of the general addressed earlier in this Notice.
(section 5311). In FY 2006, $7.92 public who have disabilities. However, except for a few proposed
million is available for allocation to Coordinated human service terms and conditions, such as FTA’s
projects selected through the process transportation that primarily serves proposal that Tribal transportation plans
announced in this Notice. elderly persons and persons with be attached or included on a STIP, the
disabilities, but which is not restricted comments for the most part reflected a
B. Background from carrying other members of the consensus that was in agreement with
Prior to SAFETEA-LU, the section public, is considered available to the FTA’s proposed terms and conditions
5311 program did not include a separate general public if it is marketed as public for this new program. Therefore, after
public transit program for tribes. transportation. careful review and consideration of the
Instead, tribes were eligible under the VII. Cost Sharing or Matching comments received from Indian tribes
section 5311 program as subrecipients. and others, FTA has established
SAFETEA-LU has now authorized a No cost sharing is required for this appropriate grant requirements for the
Tribal Transit Program and has program; the Federal grant may fund up Tribal Transit Program. These specific
authorized eligible tribes to be direct to 100 percent of eligible project costs. terms and conditions are set forth in a
recipients of section 5311 Program However, FTA encourages tribes to new FTA Master Agreement for the
funds. As expressed in the Conference leverage the program funds and Tribal Transit Program. This Master
Report for SAFETEA-LU, it is the intent demonstrate commitment to the project Agreement is available on FTA’s Web
of Congress that funds for the Tribal through in-kind contributions and use site at http://www.fta.dot.gov/
Transit Program not replace or reduce of other funding sources that are 17861_18441_ENG_HTML.htm.
funds tribes receive from States under available to support public The following terms and conditions,
the section 5311 program. transportation service. which were initially proposed in the
March 22, 2006, Federal Register each fiscal year in which the applicant 4. Description of public transportation
Notice, apply to the Tribal Transit seeks funding and an award is made. services currently provided by tribe, if
Program: But because less than two months any, including areas served.
1. Common Grant Rule (49 CFR Part remain before the end of fiscal year 5. Name of person (s) authorized to
18), ‘‘Uniform Administrative 2006, FTA will treat certifications and apply on behalf of tribe (signed
Requirements for Grants and assurances submitted by an Indian tribe transmittal letter should accompany
Cooperative Agreements to State and in either fiscal year 2006 or 2007 as application if submitted in hard copy or
Local Governments.’’ This is a having fulfilled Federal certification and e-mail).
government-wide regulation that applies assurance requirements for Tribal
to all Federal assistance programs. Transit Program applications submitted B. Technical, Legal, and Financial
2. Civil Rights Act of 1964. Unless and awards made in both fiscal years Capacity To Implement the Proposed
Indian tribes are specifically exempted 2006 and 2007. Project
from civil rights statutes, compliance Indian tribes that cannot demonstrate
with civil rights statutes will be IX. Application and Submission
adequate capacity in technical, legal and
required, including compliance with Information
financial areas will not be considered
equity in service. However, Indian tribes This announcement includes all of for funding. Every application must
will not be required to comply with the information that a tribal government describe the tribe’s technical, legal, and
FTA program-specific guidance for Title will need to apply for competitive financial capacity to implement the
VI and Title VII. selection. It is available on the FTA Web proposed project (see attached
3. Section 504 and ADA requirements site at http://www.fta.dot.gov. FTA will Appendix B, Section B).
in 49 CFR parts 27, 37, and 38. These announce final selections on the Web 1. Legal Capacity: Provide
are government-wide requirements that site and in the Federal Register. A documentation or other evidence to
apply to all Federal programs. synopsis of this announcement will be show that the applicant is a Federally
4. Drug and Alcohol Testing posted on the government-wide Recognized tribe. Also, who is the
requirements (49 CFR part 655). FTA electronic grants Web site at http:// authorized representative to execute
will apply this requirement because it www.GRANTS.GOV. legal agreements with FTA on behalf of
addresses a national safety issue for
X. Guidelines for Preparing Grant the Indian tribes? If currently operating
operators of public transportation.
5. National Environmental Policy Act. Application transit service, does the Indian tribes
This is a government-wide requirement have appropriate Federal or State
FTA is conducting a national operating authority?
that applies to all Federal programs. solicitation for applications under the
6. Charter Service and School Bus 2. Technical Capacity: Give examples
Tribal Transit Program. Project selection of the tribe’s management of other
transportation requirements in 49 CFR will be made on a competitive basis.
parts 604 and 605. The definition of Federal projects. What resources does
FTA will divide the applications into the tribal government have to
‘‘public transportation’’ in 49 U.S.C. three categories for the purpose of
5302 specifically excludes school bus implement a transit project?
reviewing and selecting projects to be 3. Financial Capacity: Does the Indian
and charter service. funded:
7. National Transit Database (NTD) tribes have adequate financial systems
Reporting requirement. 49 U.S.C. 5335 A. Start ups—applications for funding in place to receive and manage a Federal
requires NTD reporting for all direct of new transit service; grant? Describe the tribal government’s
recipients of section 5311 funds. The B. Existing transit services— financial systems and controls.
Tribal Transit Program is a section 5311 applications for funding of C. Project Information
program that will provide funds directly enhancements or expansion of
to Indian tribes and this reporting existing transit services; and 1. Budget: Provide the Federal amount
requirement will therefore apply. C. Planning—applications for funding of requested for each purpose for which
8. Bus Testing (49 CFR 665) planning studies and operational funds are sought and any funding from
requirement. To ensure that vehicles planning other sources that will be provided. If
acquired under this program will meet applying for a multi year project (not to
The application should provide exceed 4 years), show annual request for
adequate safety and operational
information on all items for which each year by budget line item.
standards, this requirement will apply.
Indian tribes are requesting funding in
A comprehensive list and description 2. Project Description: Indicate the
FY 2006, and indicate the specific
for all of the statutory and regulatory category for which funding is requested
category in which the tribe is applying.
terms and conditions that will apply to i.e., start-ups, enhancements or
the Tribal Transit Program are set forth XI. Application Content replacements of existing transit services
in FTA’s Master Agreement for the or planning studies or operational
A. Applicant Information
Tribal Transit Program available on planning grants to address project
FTA’s Web site at: http:// 1. Name of federally-recognized tribe development i.e. development of
www.fta.dot.gov/ and, if appropriate, the specific tribal vehicle and equipment specifications
17861_18441_ENG_HTML.htm. In agency submitting the application. and provide a summary description of
addition, as part of their application for 2. Dun and Bradstreet (D&B) Data the proposed project and how it will be
grant award, tribes that are selected for Universal Numbering System (DUNS) implemented (e.g. number and type of
award will be required to sign the number if available. (Note: if selected, vehicles, service area, schedules, type of
Certifications and Assurances for the applicant will be required to provide services, fixed route or demand
fiscal year in which they apply for a DUNS number prior to grant award and responsive, route miles (if fixed route)
grant. The Certifications and Assurances DUNS number is required for and size of service area, major origins
are set forth for informational purposes submitting through GRANTS.GOV). and destinations, population served,
in Appendix B of this Notice. Notably, 3. Contact information for notification and whether the tribe provide the
FTA has required each applicant to of project selection: Contact name, service directly or contract for services?
submit certifications and assurances for address, and fax and phone number. How will vehicles be maintained?
3. Project Timeline: Include DC 20059, Attention Lorna Wilson, or consider and address the following
significant milestones such as date of apply electronically through the areas:
contract for purchase of vehicle(s), government wide electronic grant i. Provide a detailed project
actual or expected delivery date of application portal at description including the proposed
vehicles, and service start up dates. www.GRANTS.GOV. Alternatively service, vehicle and facility needs and
applications may be submitted as an other pertinent characteristics of the
D. Application Evaluation Criteria attachment to mailbox: proposed service implementation.
Applications for funding of transit fta.tribalprogram@dot.gov. If applying ii. Identify existing transportation
services should address the application by e-mail, fax signature documents to services available to the tribe and
criteria based on project to be funded 202–366–7951, Attention: Lorna Wilson. discuss whether the proposed project
(for more detail see section XII) will provide opportunities to coordinate
XII. Application Review Process
1. Criterion 1: Project Planning and service with existing transit services
Coordination. A. Competitive Selection Process including human service agencies,
2. Criterion 2: Demonstration of Need. FTA will divide applications into intercity bus services, or other public
3. Criterion 3: Benefits of Project. three categories. The three evaluation transit providers.
4. Criterion 4: Financial Commitment categories are as follows: iii. Discuss the level of support either
and Operating Capacity. • Start-ups—applications for funding by the community and/or tribal
Applications for planning grants of new transit service. government for the proposed project.
should address the criteria in section • Existing transit services— iv. Describe the implementation
XII, C of this Notice. applications for funding of schedule for the proposed project
E. Submission Dates and Times enhancements or expansion of existing including time frame, staffing,
transit services. procurement, etc.
Complete applications for Tribal • Planning—applications for funding b. Applicants with a formal transit
Transit Program must be submitted in of transit planning studies and/or plan are advised to consider and
one of the three ways: electronically operational planning. address the following areas:
through GRANTS.GOV, in hard copy to Applications will be grouped into i. Describe the planning document
Federal Transit Administration, 400 their respective category for review and and/or the planning process conducted
Seventh Street, SW., Room scoring purposes. Applications for to identify the proposed project.
9311,Washington, DC 20590, Attention: planning will be evaluated using a pass/ ii. Describe how the mobility and
Lorna R. Wilson; or sending by e-mail fail system, whereas start-up and client access needs of tribal human
to fta.tribalprogram@dot.gov. by October existing transit services applications service agencies were considered in the
16, 2006 or submitted electronically will be scored based on the evaluation planning.
through the GRANTS.GOV Web site by criteria to determine rank for funding iii. Describe what opportunities for
the same date. FTA will announce grant award determination purposes. An public participation were provided in
selections when the competitive applicant can receive up to 25 points for the planning process and how the
selection process is complete. each evaluation criteria. proposed transit service or existing
FTA intends to award the full amount service has been coordinated with
F. Intergovernmental Review
of funding available in FY 2006 for the transportation provided for the clients
This program is not subject to Tribal Transit Program. FTA encourages of human service agencies, with
Executive Order (EO) 12372, applicants to review the evaluation intercity bus transportation in the area,
‘‘Intergovernmental Review of Federal criteria and all other related application or with any other rural public transit
Programs.’’ information prior to preparation of providers.
G. Funding Restrictions application. Applicants may receive iv. Describe how the proposed service
technical assistance for application complements rather than duplicates any
Only applications from eligible development by contacting their FTA currently available services.
recipients for eligible activities will be regional Tribal liaison, TTAP center, or v. Describe the implementation
considered for funding (see section VI). the National RTAP office. Contact schedule for the proposed project,
Due to funding limitations, applicants information for technical assistance can including time frame, staffing,
that are selected for funding may receive be found in Appendix C. procurements, etc.
less than the amount requested. The vi. Describe any other planning or
application process will allow an tribal B. Evaluation Criteria for Start-up and coordination efforts that were not
government to apply for multiple years Existing Transit Service Proposals mentioned above.
of funding not to exceed four years, The use of quantitative data and Based on the information provided as
subject to the availability of annual estimates, whenever possible, improves discussed in the above section,
appropriations. Up to $2 million will be the proposal’s clarity in comparison to proposals will be rated on the following:
made available for start up or new all the evaluation criteria. i. How sound is the basis for the
systems, no more than $25,000 will be proposed project?
awarded per planning grant. The 1. Criterion 1: Project Planning and ii. Is the project ready to implement?
remaining funds will be made available Coordination (25 points)
In this section, the applicant should 2. Criterion 2: Demonstration of Need
for applications for funding of
describe how the proposed project was (25 points)
enhancements or expansion of existing
transit service. developed and demonstrate that there is In this section, the application should
a sound basis for the project and that it demonstrate the transit needs of the
H. Other Submission Requirements
is ready to implement if funded. tribe and discuss how the proposed

Applicants submitting hard copies Information may vary depending on transit improvements will address the
should submit 3 copies of their project whether the tribe has a formal plan that identified transit needs of the tribe.
proposal application to the Federal includes transit. Applications may include information
Transit Administration, 400 Seventh a. Applicants without a formal plan such as destinations and services not
Street, SW., Room 9311, Washington, that includes transit are advised to currently accessible by transit, need for
access to jobs or health care, special Describe any other resources the tribe site at http://www.fta.dot.gov/
needs of the elderly and individuals will contribute to the project, including 17861_18441_ENG_HTML.htm.
with disabilities, income-based in-kind contributions, commitments of Applicants that are selected for grant
community needs, or other mobility support from local businesses, awards under the Tribal Transit
needs. donations of land or equipment, and Program will be required to formally
Based on the information provided human resources. To what extent does designate, by resolution or other formal
the proposals will be rated on the the new project or funding for existing tribal action, an authorized
following: service leverage other funding? representative who will have the
a. What is the demonstrated need for The tribe should show its ability to authority to execute grant agreements on
the project? manage programs by demonstrating the behalf of the Indian tribes with FTA and
b. How well does the project reduce existing programs it administers, in any who will also have the authority on
the need? area of expertise such as human behalf of the Indian tribes to execute
services. FTA’s Annual List of Certifications and
3. Criterion 3: Benefits of Project (25 Points will be awarded based on the Assurances.
points) degree to which: FTA will notify all applicants, both
In this section applications should a. The project deploys new services or those selected for funding and those not
identify expected project benefits. complements existing services. selected, when the competitive selection
Possible examples include increased b. Tribal Transit Program funding process is complete. Projects selected
ridership and daily trips, improved does not replace existing funding. for funding will be published in a
service, improved operations and c. Tribe has or will provide non- Federal Register Notice.
coordination, and economic benefits to financial support to project.
the community. XIV. Other
d. Tribe has demonstrated the ability
Benefits can be demonstrated by to provide other services or manage A. Technical Assistance
identifying the population of tribal other programs.
Technical assistance regarding these
members and non-tribal members in the e. Project funds are used in
requirements is available from each FTA
proposed project service area and coordination with other services for
regional office. The regional offices will
estimating the number of daily, one-way efficient utilization of funds.
contact those applicants selected for
trips the transit service will provide and
C. Evaluation Criteria for Planning funding regarding procedures for
the number of individual riders. There
Grants Proposals making the required certifications and
may be many other, less quantifiable,
assurances to FTA before grants are
benefits to the tribe and surrounding Criterion: Need for Study
made and will provide assistance in
community from this project. Please For planning grants the applications preparing the documentation necessary
document, explain or show the benefits should describe in no more than three for grant award.
in whatever format is reasonable to pages the need for and a general scope
present them. of the proposed study. B. Certifications and Assurances
Proposals will be rated on the basis of: Based on the information provided, Applicants that are selected and
a. Improved transit efficiency or proposals will be rated pass/fail based formally notified of FTA’s intention to
increased ridership; on the following: award a grant under the Tribal Transit
b. Improved mobility for the tribe; a. Is the tribe committed to planning Program will be required to complete
c. Improved access to important for transit? and execute FTA’s Annual List of
destinations b. Is the scope of the proposed study Certification and Assurances in
d. Expected average cost per trip on the for tribal transit? accordance with the procedures
proposed service. described in this Notice of Funding
e. Other qualitative benefits. D. Review and Selection Process
Availability. The Annual List of
Each application will be screened by Certifications and Assurances is
4. Criterion 4: Financial Commitment
a panel of members including FTA attached in Appendix B for
and Operating Capacity (25 points)
headquarters regional staff, and informational purposes only.
In this section, the application should representatives of the Indian
identify any other funding sources used Reservations Roads Program. C. Reporting
by the tribe to support existing or Incomplete or non-responsive 49 U.S.C. 5335 National Transit
proposed transit services, including applications will be disqualified. FTA Database requires NTD reporting for all
human service transportation funding, will make an effort to award a grant to direct recipients of section 5311 funds
Indian Reservation Roads, or other FTA every qualified applicant. including tribes. Specific procedures
programs such as Job Access and and data requirements for tribes have
Reverse Commute (JARC), New XIII. Award Administration
not yet been developed and will be
Freedom, section 5311, section 5310, or Information
provided to grantees at a later date.
section 5309 bus and bus facilities FTA will award grants directly to Annual progress reports and financial
funding. Federally recognized Indian tribes for status reports will be required of all
For existing services, the application the projects selected through this grantees.
should show how Tribal Transit competition. Following publication of
Program funding will supplement (not the selected recipients, projects, and D. Agency Contact(s)
duplicate or replace) current funding amounts, FTA regional staff will assist Contact the appropriate FTA regional
sources. If the transit system was the successful applicants to prepare an Tribal Liaison (Appendix A) for
previously funded under section 5311 electronic application for grant award. application-specific information and
through the State’s apportionment, At that time, the tribe will be required issues for general program information,
describe how requested Tribal Transit to sign the Certification and Assurances contact Lorna R. Wilson, Office of
Program funding will expand available contained in Appendix B. The Master Transit Programs, (202) 366-2053,
services. Agreement is available on FTA’s Web e-mail: Lorna.Wilson@dot.gov. A TDD is
available at 1–800–877–8339 (TDD/ Administrator, 12300 West Dakota within the listed certifications and
FIRS). Avenue, Suite 310, Lakewood, CO assurances will have limited, if any,
Issued in Washington, DC, this 8th day of 80228–2583, Phone: (720) 963–3300, impact:
August 2006. Fax: (720) 963–3333, Regional Tribal 1. Many provisions required by the
Sandra K. Bushue, Liaisons: Jennifer Stewart and David Office of Management and Budget
Beckhouse. (OMB) set forth in Certification F
Deputy Administrator.
Region IX—California, Arizona, involve requirements that in most cases
Appendix A—FTA Regional Offices and Nevada, Hawaii, American Samoa, will not be invoked, such as:
Tribal Transit Liaisons Guam, Leslie Rogers, FTA Regional a. Title III of the Uniform Relocation
Region I—Massachusetts, Rhode Administrator, 201 Mission Street, Suite and Real Property Acquisition Policies
1650, San Francisco, CA 94105–1831, Act, as amended, and implementing
Island, Connecticut, New Hampshire,
Phone: (415) 744–3133, Fax: (415) 744– U.S. DOT regulations will apply only
Vermont and Maine, Richard H. Doyle,
2726, Regional Tribal Liaison: Donna when the Indian tribe acquires real
FTA Regional Administrator, Volpe
Turchie. property with FTA assistance.
National Transportation Systems Center, Region X—Washington, Oregon,
Kendall Square, 55 Broadway, Suite b. Title II of the Uniform Relocation
Idaho, Alaska, Richard Krochalis, FTA and Real Property Acquisition Policies
920, Cambridge, MA 02142–1093, Regional Administrator, Jackson Federal
Phone: (617) 494–2055, Fax: (617) 494– Act, as amended, and implementing
Building, 915 Second Avenue, Suite U.S. DOT regulations will apply only
2865, Regional Tribal Liaison: Judi 3142, Seattle, WA 98174–1002, Phone:
Molloy. when the Indian tribe’s project requires
(206) 220–7954, Fax: (206) 220–7959, relocation of a person or business; and
Region II—New York, New Jersey, Regional Tribal Liaisons: Bill Ramos
Virgin Islands, Letitia Thompson, FTA the Lead-Based Paint Poisoning
and Annette Clothier. Prevention Act is invoked only in
Regional Administrator, One Bowling
Green, Room 429, New York, NY Appendix B—Federal Fiscal Years 2006 connection with residential
10004–1415, Phone: (212) 668–2170, and 2007 Certifications and Assurances construction, not likely to take place
Fax: (212) 668–2136, Regional Tribal for the Federal Transit Administration under the Tribal Transit Program
Liaison: Rebecca Reyes-Alicea. Tribal Transit Program c. The Flood Disaster Protection Act
Region III—Pennsylvania, Maryland, In accordance with 49 U.S.C. 5323(n), applies to projects in flood hazard areas.
Virginia, West Virginia, Delaware, the following certifications and d. Only for construction projects will
Washington, DC, Susan Borinsky, FTA assurances have been compiled for the the Davis-Bacon Act, Seismic Safety
Regional Administrator, 1760 Market Federal Transit Administration (FTA) regulations, and OMB engineering
Street, Suite 500, Philadelphia, PA Public Transportation on Indian supervision requirements apply.
19103–4124, Phone: (215) 656–7100, Reservation Program (Tribal Transit e. Many environmental protection
Fax: (215) 656–7260. Program) authorized by 49 U.S.C. requirements are limited to the specific
Region IV—Georgia, North Carolina, 5311(c)(1). It is customary for FTA to problem addressed by the statute. If, for
South Carolina, Florida, Mississippi, require each applicant to submit example, the project will not affect
Tennessee, Kentucky, Alabama, Puerto certifications and assurances for each endangered species, the requirements of
Rico, Yvette G. Taylor, FTA Regional fiscal year in which the applicant seeks the Endangered Species Act will not be
Administrator, 61 Forsyth Street, S.W., funding. But because less than two invoked.
Suite 17T50, Atlanta, GA 30303, Phone: months remain before the end of Federal 2. With respect to Certification H,
(404) 562–3500, Fax: (404) 562–3505, Fiscal Year 2006, FTA will treat ‘‘Bus Testing,’’ only if the Indian tribe
Regional Tribal Liaisons: Jamie Pfister certifications and assurances submitted acquires the first bus of a new bus
and James Garland. by an Indian tribe in either Federal model or the first bus of a new major
Region V—Illinois, Indiana, Ohio, Fiscal Year 2006 or 2007 applicable to configuration of a new bus will FTA’s
Wisconsin, Minnesota, Michigan, applications for Tribal Transit Program Bus Testing requirements be invoked.
Marisol R. Simon, FTA Regional assistance submitted and awards made Except to the extent that FTA
Administrator, 200 West Adams Street, in Federal Fiscal Years 2006 and 2007. determines otherwise in writing, each
Suite 320, Chicago, IL 60606–5232, The Indian tribe, as an eligible Indian tribe that applies for Tribal
Phone: (312) 353–2789, Fax: (312) 886– applicant for Tribal Transit Program Transit Program assistance, however,
0351, Regional Tribal Liaisons: Victor assistance, understands and agrees that must provide all certifications and
Austin and William Wheeler. these certifications and assurances are assurance set forth below. FTA may not
Region VI—Texas, New Mexico, pre-award requirements and do not award any Federal assistance under the
Louisiana, Arkansas, Oklahoma, Robert encompass all statutory and regulatory Tribal Transit Program until the Indian
Patrick, FTA Regional Administrator, requirements that may apply to the tribe provides these certifications and
819 Taylor Street, Room 8A36, Ft. Indian tribe or its Project. A assurances.
Worth, TX 76102, Phone: (817) 978– comprehensive list of those
A. Assurance of Authority of the Indian
0550, Fax: (817) 978–0575, Regional requirements will be contained in the
Tribe and Its Representative
Tribal Liaison: Lynn Hayes. Grant Agreement including the Master
Region VII—Iowa, Nebraska, Kansas, Agreement accompanying an award The authorized representative of the
Missouri, Mokhtee Ahmad, FTA under the Tribal Transit Program. Indian tribe and the attorney who sign
Regional Administrator, 901 Locust FTA and the Indian tribe also these certifications, assurances, and
Street, Suite 404, Kansas City, MO understand and agree that not every agreements affirm that both the Indian
64106, Phone: (816) 329–3920, Fax: certification and assurance will apply to tribe and its authorized representative
(816) 329–3921, Regional Tribal every Project for which FTA provides have adequate authority under Federal
Liaisons: Joni Roeseler and Cathy Federal financial assistance through the and Indian tribal law, regulations, or by-
Monroe. Tribal Transit Program. The type of laws to:
Region VIII—Colorado, North Dakota, Project will determine which (1) Execute and file the application for
South Dakota, Montana, Wyoming, requirements apply. For example FTA Federal assistance on behalf of the
Utah, Lee Waddleton, FTA Regional believes that the following requirements Indian tribe;
(2) Execute and file the required participation in, be denied the benefits any matter arising under the Act,
certifications, assurances, and of, or otherwise be subjected to regulations, and this assurance.
agreements on behalf of the Indian tribe discrimination in any program or (6) It will make any changes in its
binding the Indian tribe; and activity (particularly in the level and Title VI implementing procedures as
(3) Execute grant agreements with quality of transportation services and U.S. DOT or FTA may request to
FTA on behalf of the Indian tribe. transportation-related benefits) for achieve compliance with the
which the Indian tribe receives Federal requirements imposed by or issued
B. Standard Assurances
assistance awarded by the U.S. DOT or pursuant to 42 U.S.C. 2000d and 49 CFR
The Indian tribe assures that it will FTA. part 21.
comply with all applicable Federal laws Specifically, during the period in
and regulations in carrying out any which Federal assistance is extended to E. Assurance of Nondiscrimination on
project supported by an FTA grant. The the project, or project property is used the Basis of Disability
Indian tribe agrees that it is under a for a purpose for which the Federal As required by U.S. DOT regulations,
continuing obligation to comply with assistance is extended or for another ‘‘Nondiscrimination on the Basis of
the terms and conditions of the Grant purpose involving the provision of Handicap in Programs and Activities
Agreement issued for its project with similar services or benefits, or as long as Receiving or Benefiting from Federal
FTA. The Indian tribe recognizes that the Indian tribe retains ownership or Financial Assistance,’’ at 49 CFR 27.9,
Federal laws and regulations may be possession of the project property, the Indian tribe assures that, as a
modified from time to time and those whichever is longer, the Indian tribe condition to the approval or extension
modifications may affect project assures that: of any Federal assistance awarded by
implementation. The Indian tribe (1) Each project will be conducted, FTA to construct any facility, obtain any
understands that Presidential executive property acquisitions will be rolling stock or other equipment,
orders and Federal directives, including undertaken, and project facilities will be undertake studies, conduct research, or
Federal policies and program guidance operated in accordance with all to participate in or obtain any benefit
may be issued concerning matters applicable requirements imposed by or from any program administered by FTA,
affecting the Indian tribe or its project. issued pursuant to 42 U.S.C. 2000d, and no otherwise qualified person with a
The Indian tribe agrees that the most 49 CFR part 21, and understands that
disability shall be, solely by reason of
recent Federal laws, regulations, and this assurance extends to its entire
that disability, excluded from
directives will apply to the project, facility and to facilities operated in
participation in, denied the benefits of,
unless FTA issues a written connection with the project.
(2) It will promptly take the necessary or otherwise subjected to discrimination
determination otherwise. in any program or activity receiving or
actions to effectuate this assurance,
C. The Indian Tribe’s Capacity To including notifying the public that benefiting from Federal assistance
Comply With Relevant Section 5311 complaints of discrimination in the administered by the FTA or any entity
Requirements provision of transportation-related within U.S. DOT. The Indian tribe
services or benefits may be filed with assures that project implementation and
The Indian tribe assures that:
U.S. DOT or FTA. Upon request by U.S. operations so assisted will comply with
(1) It has or will have the necessary
DOT or FTA, the Indian tribe assures all applicable requirements of U.S. DOT
legal, financial, and managerial
that it will submit the required regulations implementing the
capability to apply for, receive, and
information pertaining to its compliance Rehabilitation Act of 1973, as amended,
disburse Federal assistance authorized
with these provisions. 29 U.S.C. 794, et seq., and the
for 49 U.S.C. 5311; and to carry out each
(3) It will include in each Americans with Disabilities Act of 1990,
project, including the safety and
subagreement, property transfer as amended, 42 U.S.C. 12101 et seq.,
security aspects of that project;
(2) It has or will have satisfactory agreement, third party contract, third and implementing U.S. DOT regulations
continuing control over the use of party subcontract, or participation at 49 CFR parts 27, 37, and 38, and any
project equipment and facilities; agreement adequate provisions to other applicable Federal laws that may
(3) The project equipment and extend the requirements imposed by or be enacted or Federal regulations that
facilities will be adequately maintained; issued pursuant to 42 U.S.C. 2000d and may be promulgated.
and 49 CFR part 21 to other parties involved F. U.S. Office of Management and
(4) Its project will achieve maximum therein including any subrecipient, Budget (OMB) Assurances
feasible coordination with transferee, third party contractor, third
transportation service assisted by other party subcontractor at any level, Consistent with OMB assurances set
Federal sources. successor in interest, or any other forth in SF–424B and SF–424D, the
participant in the project. Indian tribe assures that, with respect to
D. Nondiscrimination Assurance (4) Should it transfer real property, itself and its project, the Indian tribe:
As required by Title VI of the Civil structures, or improvements financed (1) Has the legal authority to apply for
Rights Act of 1964, as amended, 42 with Federal assistance provided by Federal assistance and the institutional,
U.S.C. 2000d, and by U.S. DOT FTA to another party, any deeds and managerial, and financial capability to
regulations, ‘‘Nondiscrimination in instruments recording the transfer of ensure proper planning, management,
Federally-Assisted Programs of the that property shall contain a covenant and completion of the project described
Department of Transportation— running with the land assuring in its application;
Effectuation of Title VI of the Civil nondiscrimination for the period during (2) Will give FTA, the Comptroller
Rights Act,’’ 49 CFR part 21 at 21.7, the which the property is used for a purpose General of the United States, and, if
Indian tribe assures that it will comply for which the Federal assistance is appropriate, the state, through any
with all requirements imposed by or extended or for another purpose authorized representative, access to and
issued pursuant to 42 U.S.C. 2000d, and involving the provision of similar the right to examine all records, books,
49 CFR part 21, so that no person in the services or benefits. papers, or documents related to the
United States, on the basis of race, color, (5) The United States has a right to award; and will establish a proper
or national origin, will be excluded from seek judicial enforcement with regard to accounting system in accordance with
generally accepted accounting standards or persons whose property is acquired necessary expenses as specified in 42
or agency directives; as a result of Federal or federally U.S.C. 4653 and 4654, with the
(3) Will establish safeguards to assisted programs. These requirements understanding that FTA will provide
prohibit employees from using their apply to all interests in real property Federal financial assistance for the
positions for a purpose that constitutes acquired for project purposes and Indian tribe’s eligible costs of providing
or presents the appearance of personal displacement caused by the project payments for those expenses, as
or organizational conflict of interest or regardless of Federal participation in required by 42 U.S.C. 4631;
personal gain; any purchase. As required by sections (h) The Indian tribe will execute such
(4) Will initiate and complete the 210 and 305 of the Uniform Relocation amendments to third party contracts
work within the applicable project time Act, 42 U.S.C. 4630 and 4655, and by and subagreements financed with FTA
periods following receipt of FTA U.S. DOT regulations, ‘‘Uniform assistance and execute, furnish, and be
approval; Relocation Assistance and Real Property bound by such additional documents as
(5) Will comply with all applicable Acquisition for Federal and Federally FTA may determine necessary to
Federal statutes relating to Assisted Programs,’’ 49 CFR 24.4, the effectuate or implement the assurances
nondiscrimination including, but not Indian tribe assures that it has the provided herein; and
limited to: requisite authority under its applicable (i) The Indian tribe agrees to make
(a) Title VI of the Civil Rights Act, 42 tribal government law to comply with these assurances part of or incorporate
U.S.C. 2000d, which prohibits the requirements of the Uniform them by reference into any third party
discrimination on the basis of race, Relocation Act, 42 U.S.C. 4601 et seq., contract or subagreement, or any
color, or national origin; and U.S. DOT regulations, ‘‘Uniform amendments thereto, relating to any
(b) Title IX of the Education Relocation Assistance and Real Property project financed by FTA involving
Amendments of 1972, as amended, 20 Acquisition for Federal and Federally relocation or land acquisition and
U.S.C. 1681 through 1683, and 1685 Assisted Programs,’’ 49 CFR part 24, and provide in any affected document that
through 1687, and U.S. DOT will comply with that Act or has these relocation and land acquisition
regulations, ‘‘Nondiscrimination on the complied with that Act and those provisions shall supersede any
Basis of Sex in Education Programs or implementing regulations, including but conflicting provisions;
Activities Receiving Federal Financial not limited to the following: (7) To the extent applicable, will
Assistance,’’ 49 CFR part 25, which (a) The Indian tribe will adequately comply with the Davis-Bacon Act, as
prohibit discrimination on the basis of inform each affected person of the amended, 40 U.S.C. 3141 et seq., the
sex; benefits, policies, and procedures Copeland ‘‘Anti-Kickback’’ Act, as
(c) Section 504 of the Rehabilitation provided for in 49 CFR part 24; amended, 18 U.S.C. 874, and the
Act of 1973, as amended, 29 U.S.C. 794, (b) The Indian tribe will provide fair Contract Work Hours and Safety
which prohibits discrimination on the and reasonable relocation payments and Standards Act, as amended, 40 U.S.C.
basis of disability; assistance as required by 42 U.S.C. 3701 et seq., regarding labor standards
(d) The Age Discrimination Act of 4622, 4623, and 4624; 49 CFR part 24; for federally assisted projects;
1975, as amended, 42 U.S.C. 6101 and any applicable FTA procedures, to (8) To the extent applicable, will
through 6107, which prohibits or for families, individuals, comply with the flood insurance
discrimination on the basis of age; partnerships, corporations, or purchase requirements of section 102(a)
(e) The Drug Abuse Office and associations displaced as a result of any of the Flood Disaster Protection Act of
Treatment Act of 1972, Pub. L. 92–255, project financed with FTA assistance; 1973, as amended, 42 U.S.C. 4012a(a),
March 21, 1972, and amendments (c) The Indian tribe will provide requiring the Indian tribe and its
thereto, 21 U.S.C. 1174 et seq. relating relocation assistance programs offering subrecipients in a special flood hazard
to nondiscrimination on the basis of the services described in 42 U.S.C. 4625 area to participate in the program and
drug abuse; to such displaced families, individuals, purchase flood insurance if the total
(f) The Comprehensive Alcohol Abuse partnerships, corporations, or cost of insurable construction and
and Alcoholism Prevention Act of 1970, associations in the manner provided in acquisition is $10,000 or more;
Pub. L. 91–616, Dec. 31, 1970, and 49 CFR part 24; (9) To the extent applicable, will
amendments thereto, 42 U.S.C. 4581 et (d) Within a reasonable time before comply with the Lead-Based Paint
seq. relating to nondiscrimination on displacement, the Indian tribe will make Poisoning Prevention Act, 42 U.S.C.
the basis of alcohol abuse or alcoholism; available comparable replacement 4831(b), which prohibits the use of lead-
(g) The Public Health Service Act of dwellings to displaced families and based paint in the construction or
1912, as amended, 42 U.S.C. 290dd-3 individuals as required by 42 U.S.C. rehabilitation of residence structures;
and 290ee-3, related to confidentiality of 4625(c)(3); (10) To the extent applicable, will not
alcohol and drug abuse patient records; (e) The Indian tribe will carry out the dispose of, modify the use of, or change
(h) Title VIII of the Civil Rights Act, relocation process in such manner as to the terms of the real property title or
42 U.S.C. 3601 et seq., relating to provide displaced persons with uniform other interest in the site and facilities on
nondiscrimination in the sale, rental, or and consistent services, and will make which a construction project supported
financing of housing; and available replacement housing in the with FTA assistance takes place without
(i) Any other nondiscrimination same range of choices with respect to permission and instructions from FTA;
statute(s) that may apply to the project; such housing to all displaced persons (11) To the extent required by FTA,
(6) To the extent applicable, will regardless of race, color, religion, or will record the Federal interest in the
comply with, or has complied with, the national origin; title of real property, and will include
requirements of Titles II and III of the (f) In acquiring real property, the a covenant in the title of real property
Uniform Relocation Assistance and Real Indian tribe will be guided to the acquired in whole or in part with
Property Acquisition Policies Act of greatest extent practicable under state Federal assistance funds to assure
1970, as amended, (Uniform Relocation law, by the real property acquisition nondiscrimination during the useful life
Act) 42 U.S.C. 4601 et seq., which, policies of 42 U.S.C. 4651 and 4652; of the project;
among other things, provide for fair and (g) The Indian tribe will pay or (12) To the extent applicable, will
equitable treatment of persons displaced reimburse property owners for comply with FTA provisions concerning
the drafting, review, and approval of from a historic site of national, state, Compliance Supplement provisions for
construction plans and specifications of local, or tribal government significance the U.S. DOT; and
any construction project supported with to be used in a transportation project as (19) To the extent applicable, will
FTA assistance. As required by U.S. required by 49 U.S.C. 303(b) and 303(c); comply with all applicable provisions of
DOT regulations, ‘‘Seismic Safety,’’ 49 (j) Protection of the components of the all other Federal laws, regulations, and
CFR 41.117(d), before accepting delivery national wild and scenic rivers systems, directives governing the project, except
of any building financed with FTA as required under the Wild and Scenic to the extent that FTA has expressly
assistance, it will obtain a certificate of Rivers Act of 1968, as amended, 16 approved otherwise in writing.
compliance with the seismic design and U.S.C. 1271 through 1287; and
construction requirements of 49 CFR (k) Provision of assistance to FTA in G. Procurement Compliance
part 41; complying with section 106 of the In accordance with 49 CFR
(13) To the extent applicable, will National Historic Preservation Act of 18.36(g)(3)(ii), the Indian tribe certifies
provide and maintain competent and 1966, as amended, 16 U.S.C. 470f; with that its procurement system will comply
adequate engineering supervision at the the Archaeological and Historic with the requirements of 49 CFR 18.36,
construction site of any project Preservation Act of 1974, as amended, or will inform FTA promptly that its
supported with FTA assistance to 16 U.S.C. 469 through 469c ; and with procurement system does not comply
ensure that the complete work conforms Executive Order No. 11593 with 49 CFR 18.36.
with the approved plans and (identification and protection of historic
specifications, and will furnish progress properties), 16 U.S.C. 470 note; H. Bus Testing
reports and such other information as (15) Because a tribal government is As required by 49 U.S.C. 5318 and
may be required by FTA or the state; not covered by the Hatch Act, the Indian FTA regulations, ‘‘Bus Testing,’’ at 49
(14) To the extent applicable, will tribe is not required to comply with the CFR 665.7, the Indian tribe certifies that,
comply with any applicable requirements of the Hatch Act, 5 U.S.C. before expending any Federal assistance
environmental standards that may be 1501 through 1508 and 7324 through to acquire the first bus of any new bus
prescribed to implement the following 7326, which limit the political activities model or any bus model with a new
Federal laws and executive orders: of state and local agencies and their major change in configuration or
(a) Institution of environmental officers and employees whose primary components, or before authorizing final
quality control measures under the employment activities are financed in acceptance of that bus (as described in
National Environmental Policy Act of whole or part with Federal funds 49 CFR part 665), the bus model:
1969, as amended, 42 U.S.C. 4321 including a Federal grant agreement
through 4335 and Executive Order No. A. Will have been tested at FTA’s bus
except, in accordance with 49 U.S.C. testing facility; and
11514, as amended, 42 U.S.C. 4321 note; 5307(k)(2) and 23 U.S.C. 142(g), the
(b) Notification of violating facilities B. Will have received a copy of the
Hatch Act does not apply to a test report prepared on the bus model.
pursuant to Executive Order No. 11738, nonsupervisory employee of a public
42 U.S.C. 7606 note; transportation system (or of any other I. Charter Service Agreement
(c) Protection of wetlands pursuant to
agency or entity performing related
Executive Order No. 11990, 42 U.S.C. (1) As required by 49 U.S.C. 5323(d)
functions) receiving FTA assistance to
4321 note; and (g) and FTA regulations, ‘‘Charter
(d) Evaluation of flood hazards in whom that Act does not otherwise
Service,’’ at 49 CFR 604.7, the Indian
floodplains in accordance with apply;
tribe agrees that it and each subrecipient
Executive Order No. 11988, 42 U.S.C. (16) To the extent applicable, will
and third party contractor at any tier
4321 note; comply with the National Research Act,
will:
(e) Assurance of project consistency Pub. L. 93–348, July 12, 1974, as
amended, 42 U.S.C. 289 et seq., and U.S. (a) Provide charter service that uses
with the approved state management equipment or facilities acquired with
program developed pursuant to the DOT regulations, ‘‘Protection of Human
Subjects,’’ 49 CFR part 11, regarding the Federal assistance authorized under 49
requirements of the Coastal Zone U.S.C. chapter 53 (except 49 U.S.C. 5310
Management Act of 1972, as amended, protection of human subjects involved
in research, development, and related or 5317), or under 23 U.S.C. 133 or 142
16 U.S.C. 1451 through 1465; for transportation projects, only to the
(f) Conformity of Federal actions to activities supported by Federal
assistance; extent that there are no private charter
State (Clean Air) Implementation Plans service operators willing and able to
under section 176(c) of the Clean Air (17) To the extent applicable, will
comply with the Laboratory Animal provide the charter service that it or its
Act of 1955, as amended, 42 U.S.C. 7401 subrecipients or third party contractors
through 7671q; Welfare Act of 1966, as amended, 7
U.S.C. 2131 et seq., and U.S. at any tier desire to provide, unless one
(g) Protection of underground sources or more of the exceptions in 49 CFR
of drinking water under the Safe Department of Agriculture regulations,
‘‘Animal Welfare,’’ 9 CFR subchapter A, 604.9 applies; and
Drinking Water Act of 1974, as
amended, 42 U.S.C. 300f through 300j– parts 1, 2, 3, and 4, regarding the care, (b) Comply with the requirements of
6; handling, and treatment of warm 49 CFR part 604 before providing any
(h) Protection of endangered species blooded animals held or used for charter service using equipment or
under the Endangered Species Act of research, teaching, or other activities facilities acquired with Federal
1973, as amended, 16 U.S.C. 1531 supported by Federal assistance; assistance authorized under 49 U.S.C.
through 1544; and (18) Will have performed the financial chapter 53 (except 49 U.S.C. 5310 or
(i) Environmental protections for and compliance audits as required by 5317), or under 23 U.S.C. 133 or 142 for
Federal transportation programs, the Single Audit Act Amendments of transportation projects.
including, but not limited to, 1996, 31 U.S.C. 7501 et seq., OMB (2) The Indian tribe understands that:
protections for parks, recreation areas, Circular A–133, ‘‘Audits of States, Local (a) The requirements of 49 CFR part
or wildlife or waterfowl refuges of Governments, and Non-Profit 604 will apply to any charter service it
national, state, local, or tribal Organizations,’’ Revised, and the most or its subrecipients or third party
government significance or any land recent applicable OMB A–133 contractors provide,
(b) The definitions of 49 CFR part 604 (b) The definitions of 49 CFR part 605 L. Alcohol Misuse and Prohibited Drug
will apply to this Charter Service will apply to this School Transportation Use
Agreement, and Agreement, and As required by FTA regulations,
(c) A violation of this Charter Service (c) A violation of this School ‘‘Prevention of Alcohol Misuse and
Agreement may require corrective Transportation Agreement may require Prohibited Drug Use in Transit
measures and imposition of penalties, corrective measures and imposition of Operations,’’ at 49 CFR part 655, subpart
including debarment from the receipt of penalties, including debarment from the I, the Indian tribe certifies that it has
further Federal assistance for receipt of further Federal assistance for established and implemented an alcohol
transportation. transportation. misuse and anti-drug program, and has
J. School Transportation Agreement complied with or will comply with all
K. Demand Responsive Service applicable requirements of FTA
(1) As required by 49 U.S.C. 5323(f) regulations, ‘‘Prevention of Alcohol
As required by U.S. DOT regulations,
and (g) and FTA regulations at 49 CFR Misuse and Prohibited Drug Use in
605.14, the Indian tribe agrees that it ‘‘Transportation Services for Individuals
Transit Operations,’’ 49 CFR part 655.
and each subrecipient or third party with Disabilities (ADA),’’ at 49 CFR
37.77(d), the Indian tribe certifies that M. National Intelligent Transportation
contractor at any tier will:
its demand responsive service offered to Systems Architecture and Standards
(a) Engage in school transportation
individuals with disabilities, including If the Indian tribe’s project involves
operations in competition with private
individuals who use wheelchairs, is the acquisition of an Intelligent
school transportation operators only to
the extent permitted by 49 U.S.C. equivalent to the level and quality of Transportation System (ITS), defined as
5323(f) and (g), and Federal regulations; service offered to individuals without technology or system of technologies
and disabilities. When the Indian tribe’s that provides or significantly contribute
service is viewed in its entirety, the to the provision of one or more ITS user
(b) Comply with the requirements of
Indian tribe’s service for individuals services as defined in the National ITS
49 CFR part 605 before providing any
with disabilities is provided in the most Architecture, the Indian tribe will use
school transportation using equipment
integrated setting feasible and is its best efforts to ensure that any
or facilities acquired with Federal
equivalent with respect to: (1) Response Intelligent Transportation System
assistance authorized under 49 U.S.C.
time, (2) fares, (3) geographic service solutions used in its Project do not
chapter 53 or under 23 U.S.C. 133 or
area, (4) hours and days of service, (5) preclude interface with other Intelligent
142 for transportation projects.
restrictions on trip purpose, (6) Transportation Systems in the Region.
(2) The Indian tribe understands that: (See FTA Notice, ‘‘FTA National ITS
availability of information and
(a) The requirements of 49 CFR part reservation capability, and (7) Architecture Policy on Transit Projects’’
605 will apply to any school constraints on capacity or service 66 FR 1455 et seq. January 8, 2001 and
transportation service it or its availability. other FTA Program Guidance that may
subrecipients or third party contractors be issued.)
provide, BILLING CODE 4910–57–C
EN15AU06.026</GPH>
Appendix C—Technical Assistance TTAP-Michigan TTAP-Oklahoma

Contacts
Tribal Technical Assistance Program, Tribal Technical Assistance Program
Tribal Technical Assistance Program 301–E Dillman Hall, Michigan at Oklahoma State University,
(TTAP) Centers Technological University, 1400 Oklahoma State University, 5202 N.
Townsend Dr., Houghton, MI 49931– Richmond Hills Road, Stillwater, OK
TTAP-Alaska
1295, Contact: Bernard D. Alkire, 74078–0001, Contact: James Self,
Alaska Tribal Technical Assistance Telephone: (888) 230–0688, Fax: (906) Telephone: (405) 744–6049, Fax: (405)
Program, NW & AK TTAP, 329 Harbor 487–1834, E-mail: balkire@mtu.edu, 744–7268, E-mail: jim.self@okstate.edu,
Dr. #208, Sitka, AK 99835, Contact: Dan Web: http://www.ttap.mtu.edu. Web: http://ttap.okstate.edu.
Moreno, Telephone: (800) 399–6376, TTAP-North Dakota National RTAP (National Rural
Fax: (907) 747–5032, E-mail: Transit Assistance Program), E-mail:
dmoreno@mail.ewu.edu, Web: Northern Plains Tribal Technical nationalrtap@apwa.net, http://
www.ewu.edu/TTAP. Assistance Program, United Tribes www.nationalrtap.org/, Dave Barr 202–
Technical College, 3315 University 218–6722, Community Transportation
TTAP-California Drive, Bismarck, ND 58504, Contact: Association of America), The Resource
TTAP-California-Nevada, The Dennis Trusty, Telephone: (701) 255–
Center—1800–891–0590, http://
National Center for American Indian 3285 ext. 1262, Fax: (701) 530–0635, E-
www.ctaa.org/.
mail: nddennis@hotmail.com or
Enterprise Development, 11138 Valley [FR Doc. 06–6911 Filed 8–14–06; 8:45 am]
dtrusty@uttc.edu, Web: http://
Mall, Suite 200, El Monte, CA 91731,
www.uttc.edu/organizations/ttap/ BILLING CODE 4910–57–P
Contact: Lee Bigwater, Telephone: (626) ttap.asp.
350–4446, Fax: (626) 442–7115.
TTAP-NW
TTAP-Colorado
Northwest Tribal Technical
Tribal Technical Assistance Program Assistance Program, Eastern
at Colorado State University, Rockwell Washington University Department of
Hall, Rm. 321, Colorado State Urban Planning, Public & Health
University, Fort Collins, CO 80523– Administration, 216 Isle Hall, Cheney,
1276, Contact: Ronald Hall, Telephone: WA 99004, Contact: David Frey,
(800) 262–7623, Fax: (970) 491–3502, E- Telephone: (800) 583–3187, Fax: (509)
mail: ronald.hall@colostate.edu, Web: 359–7485, E-mail: rrolland@ewu.edu,
http://ttap.colostate.edu/.
EN15AU06.027</GPH>
Web: www.ewu.edu/TTAP.

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Federal Register / Vol. 71, No.

157 / Tuesday, August 15, 2006 / Notices 46959

II. Background favorable to the establishment and In addition, to further ensure an

is ready to implement if funded. tribe and discuss how the proposed

Appendix C—Technical Assistance TTAP-Michigan TTAP-Oklahoma

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