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State Fiscal Year 2011 Community Transportation Programs
<br />Federal and State Assistance Certifications and Assurance
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<br />B. Standard Assurances •
<br />The Applicant assures that it will comply with all applicable Federal statutes and regulations in carrying out any
<br />project supported by an FTA/NCDOT grant or cooperative agreement. The Applicant agrees that it is under a
<br />continuing, obligation to comply with the terms and conditions of the grant agreement or cooperative agreement with
<br />NCDOT issued for its approved project with FTA. The Applicant recognizes that Federal laws and regulations may
<br />be modified from time to time and those modifications may affect project implementation. The Applicant
<br />understands that Presidential executive orders and Federal directives, including Federal policies and program
<br />guidance may be issued concerning matters affecting the Applicant or its project. The Applicant agrees that the most
<br />recent Federal laws, regulations, and directives will apply to the project, unless FTA issues a written determination
<br />otherwise.
<br />C. Intergovernmental Review Assurance
<br />Except if the Applicant is an Indian tribal government seeking assistance authorized by 49 U.S.C. 5311(c)(1), the
<br />Applicant assures that each application for Federal assistance it submits to FTA has been submitted or will be
<br />submitted for intergovernmental review to the appropriate State and local agencies as determined by the State.
<br />Specifically, the Applicant assures that it has fulfilled or will fulfill the obligations imposed on FTA by U.S.
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<br />Department of Transportation (U.S. DOT) regulations, Intergovernmental Review of Department of Transportation
<br />Programs and Activities," 49 CFR part 17. This assurance does not apply to Applicants for Federal assistance under
<br />FTA's Tribal Transit Program, 49 U.S.C. 5311(c)(1).
<br />D, Nondiscrimination Assurance
<br />As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin,
<br />sex, or age, and prohibits discrimination in employment or business opportunity), by Title VI of the Civil Rights Act
<br />of 1964, as amended, 42 U.S.C. 2000d, and by U.S. DOT regulations, "Nondiscrimination in Federally-Assisted
<br />Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at •
<br />21.7, the Applicant assures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C.
<br />5332, 42 U.S.C. 2000d, and 49 CFR part 21, so that no person in the United States, on the basis of race, color,
<br />national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be
<br />subjected to discrimination in any program or activity (particularly in the level and quality of transportation services
<br />and transportation-related benefits) for which the Applicant receives Federal assistance awarded by the U.S. DOT or
<br />FTA.
<br />Specifically, during the period in which Federal assistance is extended to the project, or project properly is used for a
<br />purpose for which the Federal assistance is extended or for another purpose involving the provision of similar
<br />services or benefits, or as long as the Applicant retains ownership or possession:of the project property, whichever is
<br />longer, the Applicant assures that:
<br />(1) Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated
<br />in accordance with all applicable requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, and
<br />understands that this assurance extends to its entire facility and to facilities operated in connection with the
<br />project.
<br />(2) It will promptly take the necessary actions to effectuate this assurance, including notifying the public that
<br />complaints of discrimination in the provision oftransportation-related services or benefits may be filed with
<br />U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the Applicant assures that it will submit the required
<br />information pertaining to its compliance with these provisions.
<br />(3) It will include in each subagreement, property transfer agreement, third party contract, third party subcontract,
<br />or participation agreement adequate provisions to extend the requirements imposed by or issued pursuant to 49
<br />U.S.C. 5332, 42 U.S.C. 2000d and 49 CFR part 21 to other parties involved therein including any subrecipient,
<br />transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other
<br />participant in the project.
<br />(4) Should it transfer real property, structures, or improvements financed with Federal assistance provided by
<br />FTA to another party, any deeds and instruments recording the transfer of that property shall contain a
<br />covenant running with the land assuring nondiscrimination for the period during which the properly is used for •
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