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State Fiscal Year 2013 Public Transportation Programs
<br />Federal and State Assistance Certifications and Assurances
<br /> (2) Submitting information about its compliance with these provisions to U.S. DOT or FTA/NCDOT
<br /> upon their request,
<br />d. If it transfers FTA/NCDOT funded real property, structures, or improvements to another party, any deeds
<br /> and instruments recording that transfer will contain a covenant running with the land assuring
<br /> non discrimination:
<br /> (1) While the property is used for the purpose that the FederaUState funding is extended,
<br /> (2) While the property is used for another purpose involving the provision of similar services or benefits,
<br />e. The United States has a right to seek judicial enforcement of any matter arising under:
<br /> (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d,
<br /> (2) U.S. DOT regulations, 49 CFR part 21, and
<br /> (3) This assurance,
<br />f. It will make any changes in its Title VI hnplementing procedures as U.S. DOT or FTA/NCDOT may
<br /> request to comply with:
<br /> (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d,
<br /> (2) U.S. DOT regulations, 49 CFR part 21, and
<br /> (3) Federal transit law, 49 U.S.C. 5332,
<br />g. It will extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 to each third
<br /> party participant, including:
<br />\
<br /> (1) Any subrecipient,
<br /> (2) Any transferee,
<br /> (3) Any third party contractor or subcontractor at any tier, \
<br /> (4) Any successor in interest,
<br /> (5) Any lessee, or
<br /> (6) Any other participant in the project,
<br />h. It will include adequate provisions to extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49
<br /> CFR part 21 to each third party agreement, including:
<br /> (1) Each subagreement,
<br /> (2) Each property transfer agreement,
<br /> (3) Each third party contract or subcontract at any tier,
<br /> (4) Each lease, or
<br /> (5) Each participation agreement,
<br />i. The assurances it has made will remain in effect for the longest of the following:
<br /> (1) As long as Federal/State funding is extended to the project,
<br /> (2) As long as the Project property is used for a purpose for which the FederaUState funding is extended,
<br /> (3) As long as the Project property is used for a purpose involving the provision of similar services or
<br /> benefits, or
<br /> (4) As long as the Applicant retains ownership or possession of the project property.
<br />E. Assurance of Nondiscrimination on the Basis of Disability.
<br />The Applicant assures that it and its project implementation and operations will comply with all applicable
<br />requirements of:
<br />a. The Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq.,
<br />b. The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq.,
<br />c. U.S. DOT regulations, specifically 49 CFR parts 27, 37, and 38, and
<br />d. Any other applicable FederaUState laws that may be enacted or FederaUState regulations that may be
<br />promulgated,
<br />As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
<br />Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR part 27, specifically 49 CFR
<br />27.9, the Applicant assures that:
<br />a. The following prohibition against discrimination on the basis of disability is a condition to the approval or
<br />extension of any FTA/NCDOT funding awarded to:
<br />(1) Construct any facility,
<br />(2) Obtain any rolling stock or other equipment,
<br />(3) Undertake studies,
<br />(4) Conduct research, or
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