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FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> CATEGORY 04. PRIVATE SECTOR PROTECTIONS. <br /> Before FTA may provide federal assistance for an Award that involves the acquisition of <br /> public transportation property or the operation of public transportation facilities or <br /> equipment,you must select the Private Property Protections Assurances in <br /> Category 04.A and enter into the Agreements in Category 04.B and Category 04.0 on <br /> behalf of your Applicant in addition to other Certifications you must select on your <br /> Applicant's behalf, except as FTA determines otherwise in writing. <br /> Any provision of the Assurances and Agreements in Category 04 that does not apply will <br /> not be enforced. <br /> 04.A. Private Property Protections. <br /> If your Applicant is a state, local government, or Indian tribal government and seeks <br /> federal assistance from FTA to acquire the property of a private transit operator or <br /> operate public transportation in competition with or in addition to a public <br /> transportation operator, the Private Property Protections Assurances in Category 04.A <br /> apply to your Applicant, except as FTA determines otherwise in writing. <br /> To facilitate FTA's ability to make the findings required by 49 U.S.C. § 5323(a)(1), on <br /> behalf of your Applicant, you assure that: <br /> 1. It has or will have: <br /> a. Determined that the federal assistance it has requested is essential to carrying out <br /> its Program of Projects as required by 49 U.S.C. §§ 5303, 5304, and 5306, <br /> b. Provided for the participation of private companies engaged in public <br /> transportation to the maximum extent feasible, and <br /> c. Paid just compensation under state or local laws to the company for any franchise <br /> or property acquired. <br /> 2. It has completed the actions described in the preceding section 1 of this Category <br /> 04.A Certification before: <br /> a. It acquires the property or an interest in the property of a private provider of <br /> public transportation, or <br /> b. It operates public transportation equipment or facilities: <br /> (1) In competition with transportation service provided by an existing public <br /> transportation operator, or <br /> (2) In addition to transportation service provided by an existing public <br /> transportation operator. <br /> 16 <br />