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41 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> c. It will provide and, as necessary, will require each Subrecipient to provide the <br /> non-federal share when needed. <br /> 9. It may transfer a facility or equipment acquired or improved under its Award to any other <br /> Recipient eligible to receive assistance under 49 U.S.C. chapter 53, if: <br /> a. The Recipient possessing the facility or equipment consents to the transfer, and <br /> b. The facility or equipment will continue to be used as required under 49 U.S.C. <br /> § 5311. <br /> 10. Each fiscal year: <br /> a. It will spend at least fifteen (15)percent of its federal assistance authorized under <br /> 49 U.S.C. § 5311 and available that fiscal year for eligible activities to develop <br /> and support intercity bus transportation within the state including: <br /> (1) Planning and marketing for intercity bus transportation, <br /> (2) Capital grants for intercity bus facilities, <br /> (3) Joint-use facilities, <br /> (4) Operating grants through purchase-of-service agreements, user-side <br /> subsidies, and demonstration projects, and <br /> (5) Coordinating rural connections between small public transportation <br /> operations and intercity bus carriers, or <br /> b. It will provide to FTA a Certification from the governor of the state that: <br /> (1) It has consulted with the affected intercity bus service providers about the <br /> intercity bus needs of the state, and <br /> (2) The state's intercity bus service needs are being met adequately. <br /> 16.B. Appalachian Development Public Transportation Assistance Program. <br /> If your Applicant seeks federal assistance from FTA for an Award financed under the <br /> Appalachian Development Public Transportation Assistance Program authorized under <br /> 49 U.S.C. §5311(c)(2), the Certifications in Category 16.B apply to your Applicant, except as <br /> FTA determines otherwise in writing. <br /> On behalf of your Applicant, you certify and assure that, if it is unable to use its federal <br /> assistance made available or appropriated for public transportation operating assistance, in <br /> accordance with 49 U.S.C. § 5311(c)(2)(D), it may use the federal assistance for a Highway <br /> Project only after: <br /> 1. It provides notice and an opportunity for comment and appeal to affected public <br /> transportation providers, <br /> 2. It approves such use in writing, and <br /> 3. In approving the use, it determines that local transit needs are being addressed. <br /> 4. It complies or will comply, to the extent applicable, with the recipient's transit asset <br /> management plan consistent with FTA regulations, "Transit Asset Management," 49 CFR <br /> part 625, and <br /> 5. It complies or will comply, to the extent applicable, with applicable regulations, guidance, <br /> and directives that implement the Public Transportation Safety Program provisions of 49 <br /> U.S.C. § 5329(b)-(d), except as FTA determines otherwise in writing. <br /> 35 <br />