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State Fiscal Year 2013 Public Transportation Programs
<br />Federal and State Assistance Certifications and Assurances
<br />Carolina, local, or Indian tribal law and regulations, and the Applicant's by-laws or internal rules, undertake the
<br />following activities on behalf of the Applicant:
<br />1. Execute and file its application for FederaUState funds;
<br />2. Execute and file its certifications, assurances, and agreements binding its compliance, and
<br />3. Execute Grant Agreements or Cooperative Agreements, or both, with NCDOT.
<br />B. Standard Assurances
<br />The Applicant assures that:
<br />1. It has sufficient authority under North Carolina, local, or Indian tribal law, regulations by-laws and internal
<br />rules to carry out each FTA/NCDOT funded project as required by FederaUState laws and regulations;
<br />2. It will comply with all applicable FederaUState statutes and regulations to carry out any FTA/NCDOT funded
<br />project;
<br />3. It is under a continuing obligation to comply with the terms and conditions of the NCDOT Grant Agreement
<br />for the project, including the FTA Master Agreement incorporated by reference and made part of the latest
<br />amendment to Grant Agreement;
<br />4. It recognizes that FederaUState laws and regulations may be modified from time to time and those
<br />modifications may affect project implementation;
<br />5. It understands that executive orders of the President of the United States or the Governor of the State of North
<br />Carolina and FederaUState directives, including FederaUState policies and program guidance, may be issued
<br />concerning matters affecting the Applicant or its project; and
<br />6. It agrees that the most recent FederaUState laws, regulations, and directives will apply to the project, unless
<br />NCDOT determines otherwise in writing.
<br />C. Intergovernmental Review Assurance
<br />The Applicant assures that it has or will submit each FederaUState funding application to the appropriate State and
<br />local agencies for intergovernmental review to facilitate compliance with U.S. Department of Transportation (U.S.
<br />DOT) regulations, "Intergovernmental Review of Department of Transportation Programs and Activities," 49 CFR
<br />part 17.
<br />D. Nondiscrimination Assurance.
<br />1. The Applicant assures that it will comply with the following laws and regulations so that no person in the
<br />United States will be denied the benefits of, or otherwise be subjected to discrimination in any U.S. DOT or
<br />FTA/NCDOT funded program or activity (particularly in the level and quality of transportation services and
<br />transportation-related benefits on the basis of race, color, national origin, creed, sex, or age:
<br />a. Federal transit law, specifically 49 U.S.C. 5332 (prohibiting discrimination on the basis of race, color,
<br />creed, national origin, sex, or age, and in employment or business opportunity),
<br />b. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and
<br />c. U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Deparhnent of
<br />Transportation-Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21.
<br />2. As required by 49 CFR 21.7, the Applicant assures that:
<br />a. It will comply with 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 in the manner:
<br />(1) It conducts each project,
<br />(2) It undertakes property acquisitions, and
<br />(3) It operates the project facilities, including:
<br />(a) Its entire facilities, and
<br />(b) Its facilities operated in connection with its project,
<br />b. This assurance applies to its entire project and entire facilities, including facilities operated in connection
<br />with its project,
<br />c. It will promptly take the necessary actions to carry out this assurance, including:
<br />(1) Notifying the public that discrimination complaints about transportation-related services or benefits
<br />may be filed with U.S. DOT or FTA/NCDOT, and
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