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46 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> 2. To comply with the interest and financing costs restrictions of 49 U.S.C. chapter 53, it agrees <br /> that it will not seek reimbursement for interest or any other financing costs incurred in <br /> connection with its Award that must be in compliance with those requirements unless: <br /> a. It is eligible to receive federal assistance for those expenses, and <br /> b. Its records demonstrate that it has used reasonable diligence in seeking the most <br /> favorable financing terms underlying those costs, to the extent FTA may require. <br /> 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). <br /> 4. Pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 5321 <br /> et seq., the Project will qualify for an environmental categorical exclusion or receive a <br /> finding of no significant impact or a record of decision under NEPA before the Applicant <br /> undertakes activities for which it expects to receive federal assistance. <br /> 5. It agrees that it will adopt a transit asset management plan that complies with regulations <br /> implementing 49 U.S.C. § 5326(d). <br /> 21.B. State Infrastructure Banks (SIB) Program. <br /> If your Applicant is a state and seeks federal assistance from FTA for a project that also is or <br /> will be financed under the SIB Program authorized under 23 U.S.C. § 610, the Certifications and <br /> Assurances in Category 21.B apply to your state and its Award, except as the Secretary <br /> determines in writing. In administering this Program, the FAST Act cross-cutting requirements <br /> supersede inconsistent former requirements. <br /> On behalf of the state Applicant for federal assistance for its SIB Program, you certify and assure <br /> that: <br /> 1. It will comply with the following applicable federal laws establishing the various SIB <br /> Programs since 1995: <br /> a. 23 U.S.C. § 610, <br /> b. Section 1511 of TEA-21, 23 U.S.C. § 181 note, or <br /> c. Section 350 of the National Highway System Designation Act of 1995, as amended, <br /> 23 U.S.C. § 181. <br /> 2. It will comply with or follow the Grant Agreement between it and FTA that provides federal <br /> assistance to the SIB, including the FTA Master Agreement, which is incorporated by <br /> reference into the Grant Agreement, except that, unless FTA determines otherwise in writing, <br /> a provision of the FTA Master Agreement incorporated by reference into that Grant <br /> Agreement will not apply if it conflicts with any provision of: <br /> a. 23 U.S.C. § 610, as amended by the FAST Act, <br /> b. 23 U.S.C. § 610 or its predecessor before the FAST Act was signed into law, <br /> c. Section 1511 of TEA-21, 23 U.S.C. § 181 note, or section 350 of the National Highway <br /> System Designation Act of 1995, as amended, 23 U.S.C. § 181 note, <br /> d. Federal guidance pertaining to the SIB Program, <br /> e. The SIB Cooperative Agreement establishing the state's SIB Program, <br /> f. The Grant Agreement with FTA. <br /> 3. As required by 49 U.S.C. § 5323(o), federal transit laws, specifically 49 U.S.C. § 5307, <br /> 49 U.S.C. § 5309, and 49 U.S.C. § 5337, as amended by the FAST Act, apply to any Award <br /> 40 <br />