State Fiscal Year 2014 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 /> nondiscrimination:
<br /> (1) While the property is used for the purpose that the Federal/State 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 implementing 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 laws,49 U.S.C. 5332, as amended by MAP-21,
<br /> g. It will comply with Federal guidance issued to implement Federal nondiscrimination requirements, except
<br /> as FTA/NCDOT determines otherwise in writing,
<br /> h. It will extend the requirements of 49 U.S.C. 5332,as amended by MAP-21,42 U.S.C.2000d, and 49 CFR
<br /> part 21 to each Third Party Participant, including:
<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 Third Party Participant in its Project,
<br /> L It will include adequate provisions to extend the requirements of 49 U.S.C. 5332,as amended by MAP-21,
<br /> 42 U.S.C.2000d, and 49 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,and
<br /> j. The assurances it has made will remain in effect as long as:
<br /> (1) Federal/State funding is extended to its Project,
<br /> (2) Its Project property is used for a purpose for which the Federal/State funding is extended,
<br /> (3) Its Project property is used for a purpose involving the provision of similar services or benefits,or
<br /> (4) It retains ownership or possession of its Project property, and
<br /> 4. 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,and consistent with 49 U.S.C. 5307(c)(1)(D)(iii),as amended by MAP-21,the Applicant assures that:
<br /> a. It will comply with the following prohibitions against discrimination on the basis of disability,which are a
<br /> condition of approval or 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
<br /> (5) Participate in or obtain any benefit from any FTA/NCDOT administered program, and
<br /> b. In any program or activity receiving or benefiting from Federal/State funding that U.S.DOT/NCDOT
<br /> administers,no otherwise qualified people with a disability will,because of their disability,be:
<br /> (1) Excluded from participation,
<br /> (2) Denied benefits, or
<br /> (3) Otherwise subjected to discrimination.
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