|
State Fiscal Year 2011 Community Transportation Programs $
<br />Federal and State Assistance Certifications and Assurance
<br />(h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, •
<br />or fmancing of housing; and
<br />(i) Any other nondiscrimination statute(s) that may apply to the project;
<br />(6) To the extent applicable, will comply with, or has complied with, the requirements of Titles II and III of the
<br />Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (Uniform
<br />Relocation Act) 42 U.S.C. 4601 et seq., which, among other things, provide for fair and equitable treatment of
<br />persons displaced or persons whose property is acquired as a result of federally assisted programs. These
<br />requirements apply to all interests in real property acquired for project purposes and displacement caused by
<br />the project regardless of Federal participation in any purchase. As required by sections 210 and 305 of the
<br />Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and by U.S. DOT regulations, "Uniform Relocation
<br />Assistance and Real Properly Acquisition for Federal and Federally Assisted Programs," 49 CFR 24.4, the
<br />Applicant assures that it has the requisite authority under applicable State and local law to comply with the
<br />requirements of the Uniform Relocation Act, 42 U.S.C. 4601 et seq., and U.S. DOT regulations, "Uniform
<br />Relocation Assistance and Real Property Acquisirion for Federal and Federally Assisted Programs," 49 CFR
<br />part 24, and will comply with that Act or has complied with that Act and those implementing regulations,
<br />including but not limited to the following:
<br />(a) The Applicant will adequately inform each affected person of the. benefits, policies, and procedures
<br />provided for in 49 CFR part 24;
<br />(b) The Applicant will provide fair and reasonable relocation payments and assistance as required by 42
<br />U.S.C. 4622, 4623, and 4624; 49 CFR part 24; and any applicable FTA procedures, to or for families,
<br />individuals, partnerships, corporations, or associations displaced as a result of any project fmanced with
<br />FTA assistance;
<br />(c) The Applicant will provide relocation assistance programs offering the services described in 42 U.S.C.
<br />4625 to such displaced families, individuals, partnerships, corporations, or associations in the manner
<br />provided in 49 CFR part 24;
<br />(d) Within a reasonable time before displacement, the Applicant will make available comparable
<br />replacement dwellings to displaced families and individuals as required by 42 U.S.C. 4625(c)(3);
<br />(e) The Applicant will carry out the relocation process in such manner as to provide displaced persons with •
<br />uniform and consistent services, and will make available replacement housing in the same range of
<br />choices with respect to such housing to all displaced persons regardless of race, color, religion, or
<br />national origin;
<br />(f) In acquiring real property, the Applicant will be guided to the greatest extent practicable under State law,
<br />by the real property acquisition policies of 42 U.S.C. 4651 and 4652;
<br />(g) The Applicant will pay or reimburse property owners for their necessary expenses as specified in 42
<br />U.S.C. 4653 and 4654, with the understanding that FTA will provide Federal fmancial assistance for the
<br />Applicant's eligible costs of providing payments for those expenses, as required by 42 U.S.C. 4631;
<br />(h) The Applicant will execute such amendments to third party contracts and subagreements fmanced with
<br />FTA assistance.and execute, famish, and be bound by such additional documents as FTA may determine
<br />necessary to effectuate or implement the assurances provided herein; and
<br />(i) The Applicant agrees to make these assurances part of or incorporate them by reference into any third
<br />parry contract or subagreement, or any amendments thereto, relating to any project fmanced by FTA
<br />involving relocation or land acquisition and provide in any affected document that these relocation and
<br />land acquisition provisions shall supersede any conflicting provisions;
<br />(7) To the extent applicable, will comply with the Davis-Bacon Act, as amended, 40 U.S.C. 3141 et seg., the
<br />Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. 874, and at 40 U.S.C. 3145, and the Contract Work
<br />Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally
<br />assisted projects;
<br />(8) To the extent applicable, will comply with the flood insurance purchase requirements of section 102(a) of the
<br />Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), requiring the Applicant and its
<br />subrecipients in a special flood hazard area to participate in the program and purchase flood insurance if the
<br />total cost of insurable construction and acquisition is $10,000 or more;
<br />(9) To the extent applicable, will comply with the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4831(b),
<br />which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures;
<br />(10) To the extent applicable, will not dispose of, modify the use of, or change the terms of the real property title or
<br />other interest in the site and facilities on which a construction project supported with FTA assistance takes •
<br />place without permission and instructions from FTA;
<br />4
<br />
|