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21 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> CATEGORY 04. PRIVATE SECTOR PROTECTIONS. <br /> Before FTA may provide federal assistance for an Award that involves the acquisition of public <br /> transportation property or the operation of public transportation facilities or equipment,you <br /> must select the Private Property Protections Assurances in Category 04.A and enter into the <br /> Agreements in Category 04.B and Category 04.C on behalf of your Applicant, except as FTA <br /> determines otherwise in writing. <br /> Any provision of the Assurances and Agreements in Category 04 that does not apply will not be <br /> enforced. <br /> 04.A. Private Property Protections. <br /> If your Applicant is a state, local government, or Indian tribal government and seeks federal <br /> assistance from FTA to acquire the property of a private transit operator or operate public <br /> transportation in competition with or in addition to a public transportation operator, the Private <br /> Property Protections Assurances in Category 04.A apply to your Applicant, except as FTA <br /> determines otherwise in writing. <br /> To facilitate FTA's ability to make the findings required by 49 U.S.C. § 5323(a)(1), on behalf of <br /> your Applicant, you assure that: <br /> 1. Your Applicant has or will have: <br /> a. Determined that the federal assistance it has requested is essential to carrying out its <br /> 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 transportation to <br /> the maximum extent feasible, and <br /> c. Paid just compensation under state or local laws to the company for any franchise or <br /> property acquired. <br /> 2. Your Applicant has completed the actions described in the preceding section 1 of this <br /> Category 04.A Certification before: <br /> a. It acquires the property or an interest in the property of a private provider of public <br /> 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 transportation <br /> operator. <br /> 04.B. Charter Service Agreement. <br /> If your Applicant seeks federal assistance from FTA to acquire or operate transit facilities or <br /> equipment, the Charter Service Agreement in Category 04.B applies to your Applicant, except as <br /> FTA determines otherwise in writing. <br /> 15 <br />