---

List of Certifications and Assurances for FTA Grants and Cooperative Agreements -- Fiscal Year 1996

---

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Fiscal Year 1996 Annual List of Certifications and Assurances
for Federal Transit Administration Grants and Cooperative Agreements



AGENCY: Federal Transit Administration, DOT

ACTION: Notice.

SUMMARY: This Notice contains FTA's comprehensive compilation
of the fiscal year 1996 certifications and assurances to be used
in connection with all Federal assistance programs administered
by FTA during fiscal year 1996. (See Appendix A.) These certifications
and assurances include all annual certifications required by 49
U.S.C. 5307(d)(1) for FTA's Urbanized Area Formula Program as
well as other certifications and assurances needed for compliance
with various other Federal statutes and regulations affecting
FTA's assistance programs.

EFFECTIVE DATE: November 24, 1995

FOR FURTHER INFORMATION CONTACT: Linda Watkins Sorkin, Office
of the Chief Counsel, Federal Transit Administration, (202) 366-1936;
or contact FTA staff in the appropriate Regional Office listed
below.



Region 1: Boston

States served: Maine, New Hampshire, Vermont,

Connecticut, Rhode Island, and Massachusetts

Telephone # 617-494-2055



Region 2: New York

States served: New York, New Jersey, and Virgin Islands

Telephone # 212-264-8162



Region 3: Philadelphia

States served: Pennsylvania,

Delaware, Maryland, Virginia,

West Virginia, and District of Columbia

Telephone # 215-656-6900



Region 4: Atlanta

States served: Kentucky, North

Carolina, South Carolina, Georgia,

Florida, Alabama, Mississippi,

Tennessee, and Puerto Rico

Telephone # 404-347-3948



Region 5: Chicago

States served: Minnesota,

Wisconsin, Michigan, Illinois,

Indiana, and Ohio

Telephone # 312-353-2789;



Region 6: Dallas/Ft.Worth

States served: Arkansas, Louisiana,

Oklahoma, Texas, and New Mexico

Telephone # 817-860-9663



Region 7: Kansas City

States served: Missouri, Iowa,

Kansas, and Nebraska

Telephone # 816-523-0204



Region 8: Denver

States served: Colorado, Utah,

Wyoming, Montana, North Dakota, South Dakota,

Arizona*, and Nevada*

(*transportation projects for these states are administered by

Region 8 but are geographically in Region 9)

Telephone # 303-844-3242



Region 9: San Francisco

States served: California,

Hawaii, Guam,

American Samoa, and the Northern Mariana Islands

Telephone # 415-744-3133



Region 10: Seattle

States served: Idaho, Oregon,

Washington, and Alaska

Telephone # 206-220-7954



SUPPLEMENTARY INFORMATION: Before FTA may award a Federal grant
or cooperative agreement, the applicant must provide to FTA all
certifications and assurances required by Federal laws and regulations
for the applicant or its project.

This Notice provides the text of certifications and assurances
that may be required by law for the various Federal assistance
programs administered by FTA including the Capital Program, the
Urbanized Area Formula Program; the Nonurbanized Area Formula
Program, the Metropolitan Planning Program, the Rural Transit
Assistance Program, the Elderly and Persons With Disabilities
Program, the Human Resource Program, the National Training Institute
Program, the State Planning and Research Program, and the National
Planning and Research Program, all codified at 49 U.S.C. chapter
53. When administering Federal assistance programs authorized
by other Federal statutes, such as Title 23, United States Code,
FTA uses these same certifications and assurances during Federal
fiscal year 1996.

This Notice also provides the applicant with a single Signature
Page on which the applicant and its attorney certifies compliance
with all certifications and assurances applicable to each grant
or cooperative agreement for which the applicant wishes to apply
in Federal Fiscal Year 1996. (See Appendix B.)

FTA is expanding the use of the two electronic programs for applicants
introduced last year. The On-Line Program is offered to applicants
through the Grant Management Information System (GMIS). This is
a computerized system designed to assist the FTA grantee or recipient
of a cooperative agreement in managing its FTA assisted projects
and their budgets. All applicants are encouraged to participate
in the On-Line Program, which includes the opportunity to certify
compliance electronically for all certifications and assurances
selected among those in Appendix A. The Electronic Grant Making
and Management initiative (EGMM) pilot program initiated in Federal
Fiscal Year - 1995 has proved so successful in reducing time and
paper that EGMM will continue to be offered to more applicants.
Applicants may contact their Regional Office shown above for more
information.

This 1996 Annual Certifications and Assurances document contains
changes to the previous year's Federal Register publication. Specifically,
the separate Category selection for Procurement has been eliminated.
In its place, paragraph "H" has been added to Category
I. This affects each applicant which is now required by FTA Circular
4220.1C, "Third Party Contracting Requirements" dated
October 1, 1995, to self-certify its procurement system's compliance.
Three additional changes have been made to the Annual Certifications
and Assurances. One is the Urbanized Area Formula Program certification
requirement for sole source purchases of associated capital maintenance
items, which has been added as paragraph C. in Category XI. FTA
has also redrafted the previous transit security and intercity
bus expenditure requirements to remove the need for the Applicant
to indicate whether or not it will expend the percentage of funds
at issue, with the result that the applicant is no longer required
to indicate which option it has selected. This decision can be
made at a later date and documentation may then be made available
to FTA when requested. See paragraph A(10) of Category XI and
paragraph P of Category XIII. These changes eliminate previous
options under Categories XI and XIII, now permitting the applicant
to signify compliance with all Categories by placing a single
"X" in the appropriate space at the top of the Signature
Selection Page in Appendix A.

FTA directs your attention to FTA Circular 9300.1, "Capital
Program Grant Application Instructions," which was published
on September 29, 1995. That circular contains a previous draft
version of the Annual Certifications and Assurances which includes
some but not all of the most current and valid changes. Therefore
the provisions of this Notice supersede conflicting statements
in that circular. Note especially that the Applicant must use
the most current Signature Pages shown in this Federal Register
document or provided concurrently through the EGMM initiative
discussed above.

Background: Last year, with the publication of the Federal fiscal
year 1995 counterpart of this Notice, certifications and assurances
for Federal assistance programs administered by FTA were for the
first time consolidated into one document. This marked the beginning
of an effort to assist applicants in reducing time and paper work
in certifying compliance with various Federal laws and regulations.
It coincided with the On-Line Program and the EGMM initiative
described above, which also reduced the time and paper required
to process an application.

This publication of certifications and assurances therefore continues
to supersede the requirements of FTA Circular 9100.1B, dated July
1, 1988, "Standard Assurances for Urban Mass Transportation
Administration Applications," which was rescinded. Other
FTA circulars affected by this Notice will be revised accordingly.
These annual certifications and assurances with the Signature
Page also continue to supersede a Statement of Continued Validity
now no longer required. However, the applicant's Attorney Affirmation
continues to be required as indicated on the Signature Page at
the end of Appendix B.

FTA intends to continue publishing this document annually with
any changes or additions specifically highlighted, in conjunction
with its publication of the FTA annual apportionment Notice, which
allocates funds in accordance with the latest U.S. Department
of Transportation (U.S. DOT) annual appropriations act.

Procedures: Following is a detailed compilation of Certifications
and Assurances (Appendix A), followed by a Signature Page (Appendix
B). The Signature Page is to be signed by the applicant's authorized
representative and its attorney (the attorney's current affirmation
may be on file in some instances), and sent to the appropriate
FTA Regional office by: (1) the first-quarter application submission
date published in FTA's Federal fiscal year 1996 apportionment
announcement; or (2) with the applicant's first Federal assistance
application in Federal fiscal year 1996.

The Signature Page, when properly signed and submitted to FTA,
assures FTA that the applicant intends to comply with the requirements
for the specific program involved. Both sides of the Signature
Page must be completed, first by marking where appropriate with
an "X" on the category selection side, and then signifying
compliance by signing the signature side. (See Appendix B.)

An applicant participating in the On-Line Program or the EGMM
Program described above, may submit its Signature Page (both the
selection side and the signature side) electronically. The applicant
should not hesitate to consult with the appropriate Regional Office
or Headquarters Office before submitting its certifications and
assurances.

REFERENCES: 49 U.S.C. chapter 53, Title 23 U.S.C., 42 U.S.C. 4151,
Title VI and Title VII of the Civil Rights Act, FTA regulations
under 49 CFR, and FTA Circulars.

Issued: _November 17, 1995__

Gordon J. Linton

Administrator



Appendix A

FEDERAL FISCAL YEAR 1996 CERTIFICATIONS AND ASSURANCES FOR
FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS


Each Applicant is requested to provide as many of the following
certifications and assurances as possible to cover the various
types of Federal assistance programs for which the Applicant intends
to seek Federal assistance from FTA in Federal Fiscal Year 1996.
A state making certifications and assurances on behalf of its
prospective subrecipients is expected to obtain sufficient documentation
from those subrecipients as necessary for the state to make informed
certifications and assurances. The thirteen categories of certifications
and assurances are listed by Roman numerals I through XIII on
the other side of the Signature Page document. Categories II through
XIII will apply to some, but not all applicants. The categories
correspond to the following descriptions of circumstances mandating
submission of specific certifications, assurances, or agreements:


I. CERTIFICATIONS AND ASSURANCES REQUIRED OF EACH APPLICANT



Each Applicant for Federal assistance awarded by FTA must make
all certifications and assurances in this Category I. Accordingly,
FTA may not award any Federal assistance until the Applicant provides
assurance of compliance by selecting Category I on the Signature
Page at the end of this document.
A. Authority of Applicant and Its Representative


The authorized representative of the Applicant and legal counsel
who sign these certifications, assurances, and agreements attest
that both the Applicant and its authorized representative have
adequate authority under state and local law and the by-laws or
internal rules of the Applicant organization to:

(1) Execute and file the application for Federal assistance on
behalf of the Applicant,

(2) Execute and file the required certifications, assurances,
and agreements on behalf of the Applicant binding the Applicant,
and

(3) Execute grant and cooperative agreements with FTA on behalf
of the Applicant.
B. Standard Assurances


The Applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, FTA circulars,
and other Federal administrative requirements in carrying out
any grant or cooperative agreement awarded by FTA. The Applicant
acknowledges that it is under a continuing obligation to comply
with the terms and conditions of the grant or cooperative agreement
issued for its approved project with FTA. The Applicant understands
that Federal laws, regulations, policies, and administrative practices
might be modified from time to time and affect the implementation
of the project. The Applicant agrees that the most recent Federal
requirements will apply to the project, unless FTA issues a written
determination otherwise.
C. Debarment, Suspension, and Other Responsibility Matters
-- Primary Covered Transactions


As required by U.S. DOT regulations on Governmentwide Debarment
and Suspension (Nonprocurement) at 49 CFR 29.510:

(1) The Applicant (Primary Participant) certifies to the best
of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
state, or local) transaction or contract under a public transaction;
violation of Federal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, state, or local)
with commission of any of the offenses listed in paragraph (2)
of this certification; and

(d) Have not within a three-year period preceding this certification
had one or more public transactions (Federal, state, or local)
terminated for cause or default.

(2) The Applicant also certifies that if, later, it becomes aware
of any information contradicting the statements of paragraphs
(a) through (d) above, it will promptly provide that information

to FTA.

(3) If the Applicant (Primary Participant) is unable to certify
to the statements within

paragraphs (1) and (2) above, it shall indicate so on its Signature
Page and provide a written explanation to FTA.
D. Drug-Free Workplace Certification


As required by U.S. DOT regulations on Drug-Free Workplace Requirements
(Grants) at 49 CFR 29.630, the Applicant certifies that it will
provide a drug-free workplace by:

(1) Publishing a statement notifying its employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the Applicant's workplace
and specifying the actions that will be taken against its employees
for violation of that prohibition;

(2) Establishing an ongoing drug-free awareness program to inform
its employees about: (a) the dangers of drug abuse in the workplace;
(b) the Applicant's policy of maintaining a drug-free workplace;
(c) any available drug counseling, rehabilitation, and employee
assistance programs; and (d) the penalties that may be imposed
upon its employees for drug abuse violations occurring in the
workplace;

(3) Making it a requirement that each of its employees to be engaged
in the performance of the grant or cooperative agreement be given
a copy of the statement required by paragraph (1);

(4) Notifying each of its employees in the statement required
by paragraph (1) that, as a condition of employment financed with
Federal assistance provided by the grant or cooperative agreement,
the employee will: (a) abide by the terms of the statement, and
(b) notify the employer (Applicant) in writing of his or her conviction
for a violation of a criminal drug statute occurring in the workplace
no later than 5 calendar days after that conviction;

(5) Notifying FTA in writing, within 10 calendar days after receiving
notice required by

paragraph (4)(b) above from an employee or otherwise receiving
actual notice of that conviction.

The Applicant, which is the employer of any convicted employee
must provide notice, including position title, to every project
officer or other designee on whose project activity the Applicant's
convicted employee was working. Notice shall include the identification
number(s) of each affected grant or cooperative agreement.

(6) Taking one of the following actions within 30 calendar days
of receiving notice under paragraph (4)(b) above with respect
to any employee who is so convicted: (a) by taking appropriate
personnel action against that employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of
1973, as amended, or (b) by requiring that employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, state, or local health,
law enforcement, or other appropriate agency;

(7) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (1), (2), (3),
(4), (5), and (6) above.

The Applicant has or will provide to FTA a list identifying its
headquarters location and each workplace it maintains in which
project activities supported by FTA are conducted.
E. Intergovernmental Review Assurance


The Applicant assures that each application for Federal assistance
submitted to FTA has been

or will be submitted, as required by each state, for intergovernmental
review to the appropriate state and local agencies. Specifically,
the Applicant assures that it has fulfilled or will fulfill the
obligations imposed on FTA by U.S. DOT regulations, "Intergovernmental
Review of Department of Transportation Programs and Activities,"
49 CFR part 17.
F. Nondiscrimination Assurance


As required by 49 U.S.C. 5332, Title VI of the Civil Rights Act
of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations,
"Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation -- Effectuation of Title VI of the
Civil Rights Act," 49 CFR part 21 at 21.7, the Applicant
assures that it will comply with all requirements of 49 CFR part
21; FTA

Circular 4702.1, "Title VI Program Guidelines for Federal
Transit Administration Recipients";

and other applicable directives, so that no person in the United
States, on the basis of race, color, national origin, creed, sex,
or age will be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination in any program
or activity (particularly in the level and quality of transportation
services and transportation-related benefits) for which the Applicant
receives Federal assistance awarded by the U.S. DOT or FTA as
follows:

(1) The Applicant assures that each project will be conducted,
property acquisitions will be undertaken, and project facilities
will be operated in accordance with all applicable requirements
of 49 U.S.C. 5332 and 49 CFR part 21, and understands that this
assurance extends to its entire facility and to facilities operated
in connection with the project.

(2) The Applicant assures that it will take appropriate action
to ensure that any transferee receiving property financed with
Federal assistance derived from FTA will comply with the applicable
requirements of 49 U.S.C. 5332 and 49 CFR part 21.

(3) The Applicant assures that it will promptly take the necessary
actions to effectuate this assurance, including notifying the
public that complaints of discrimination in the provision of transportation-related
services or benefits may be filed with U.S. DOT or FTA. Upon request
by U.S. DOT or FTA, the Applicant assures that it will submit
the required information pertaining to its compliance with these
requirements.

(4) The Applicant assures that it will make any changes in its
49 U.S.C. 5332 and Title VI implementing procedures as U.S. DOT
or FTA may request.

(5) As required by 49 CFR 21.7(a)(2), the Applicant will include
appropriate clauses in each

third party contract or subagreement to impose the requirements
of 49 CFR part 21 and

49 U.S.C. 5332, and include appropriate provisions imposing those
requirements in deeds and instruments recording the transfer of
real property, structures, improvements.
G. Assurance of Nondiscrimination on the Basis of Disability



As required by U.S. DOT regulations, "Nondiscrimination on
the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance," at 49 CFR
27.9, implementing the Rehabilitation Act of 1973, as amended,
and the Americans with Disabilities

Act of 1990, the Applicant assures that, as a condition to the
approval or extension of any Federal assistance awarded by FTA
to construct any facility, obtain any rolling stock or other equipment,
undertake studies, conduct research, or to participate in or obtain
any benefit from any program administered by FTA, no otherwise
qualified person with a disability shall be, solely by reason
of that disability, excluded from participation in, denied the
benefits of, or otherwise subjected to discrimination in any program
or activity receiving or benefiting from Federal assistance administered
by the FTA or any entity within U.S. DOT. The Applicant assures
that project implementation and operations so assisted will comply
with all applicable requirements of

U.S. DOT regulations implementing the Rehabilitation Act of 1973,
as amended, and the Americans with Disabilities Act of 1990, and
any later amendments thereto, at 49 CFR parts 27, 37, and 38,
and any applicable regulations and directives issued by other
Federal departments or agencies.
H. Procurement Compliance


The Applicant certifies that its procurements and procurement
system will comply with all applicable requirements imposed by
Federal laws, executive orders, or regulations and the requirements
of FTA Circular 4220.1C, "Third Party Contracting Requirements,"
and other implementing guidance or manuals FTA may issue. The
Applicant certifies that it will include in its contracts financed
in whole or in part with FTA assistance all clauses required by
Federal laws, executive orders, or regulations, and will ensure
that each subrecipient and contractor will also

include in its subagreements and contracts financed in whole or
in part with FTA assistance all applicable clauses required by
Federal laws, executive orders, or regulations.


II. LOBBYING CERTIFICATION REQUIRED FOR

EACH APPLICATION EXCEEDING $100,000


An Applicant that submits, or intends to submit this fiscal year,
an application for Federal assistance exceeding $100,000 must
provide the following certification. FTA may not provide Federal
assistance for an application exceeding $100,000 until the Applicant
provides this certification by selecting Category II on the Signature
Page.

A. As required by U.S. DOT regulations, "New Restrictions
on Lobbying," at 49 CFR 20.110, the Applicant's authorized
representative certifies to the best of his or her knowledge and
belief that for each application for a Federal assistance exceeding
$100,000: (1) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the Applicant, to any person
for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress pertaining to
the award of any Federal assistance, or the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative
agreement; and (2) If any funds other than Federal appropriated
funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any application
to FTA for Federal assistance, the Applicant assures that it will
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," including the information required by the
form's instructions.

B. The Applicant understands that this certification is a material
representation of fact upon which reliance is placed and that
submission of this certification is a prerequisite for providing
Federal assistance for a transaction covered by 31 U.S.C. 1352.
The Applicant also understands that any person who fails to file
a required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such
failure.


III. PUBLIC HEARING CERTIFICATION REQUIRED FOR EACH PROJECT


(EXCEPT URBANIZED AREA FORMULA PROJECTS) THAT WILL

SUBSTANTIALLY AFFECT A COMMUNITY OR ITS TRANSIT SERVICE


An Applicant for Capital Program assistance or other Federal assistance
(except Urbanized Area Formula Program assistance), that will
substantially affect a community or its transit service must provide
the following certification. FTA may not award that Federal assistance
until the Applicant provides this certification by selecting Category
III on the Signature Page.

As required by 49 U.S.C. 5323(b), the Applicant certifies that
it has, or before submitting its application, will have:

A. Provided an adequate opportunity for a public hearing with
adequate prior notice of the proposed project published in a newspaper
of general circulation in the geographic area to be served;

B. Held that hearing and provided FTA a transcript or detailed
report summarizing the issues and responses, unless no one with
a significant economic, social, or environmental interest requests
a hearing;

C. Considered the economic, social, and environmental effects
of the project; and

D. Determined the project to be consistent with official plans
for developing the urban area.


IV. CERTIFICATION OF PRE-AWARD AND POST-DELIVERY ROLLING STOCK
REVIEWS REQUIRED FOR EACH APPLICANT SEEKING TO PURCHASE

ROLLING STOCK FINANCED WITH FEDERAL ASSISTANCE AWARDED BY
FTA


An Applicant seeking FTA assistance to purchase rolling stock
must make the following certification. FTA may not provide assistance
for any rolling stock acquisition until the Applicant provides
this certification by selecting Category IV on the Signature Page.

As required by 49 U.S.C. 5323(l), and implementing FTA regulations
at 49 CFR 663.7, the Applicant certifies that it will comply with
the requirements of 49 CFR part 663, in the course of purchasing
revenue service rolling stock. Among other things, the Applicant
will conduct or cause to be conducted the prescribed pre-award
and post-delivery reviews, and will maintain on file the certifications
required by 49 CFR part 663, subparts B, C, and D.


V. BUS TESTING CERTIFICATION REQUIRED FOR NEW BUSES


An Applicant seeking FTA assistance to acquire new buses must
make the following certification. FTA may not provide assistance
for the acquisition of new buses until the Applicant provides
this certification by selecting Category V on the Signature Page.

As required by FTA regulations, "Bus Testing," at 49
CFR 665.7, the Applicant certifies that before expending any Federal
assistance to acquire the first bus of any new bus model or any
bus model with a new major change in configuration or components
or authorizing final acceptance of that bus (as described in 49
CFR part 665):

A. The model of the bus will have been tested at a bus testing
facility approved by FTA; and

B. It will have received a copy of the test report prepared on
the bus model.


VI. CHARTER BUS AGREEMENT


An Applicant seeking FTA assistance to acquire buses must enter
into the following charter bus agreement. FTA may not provide
assistance for bus projects until the Applicant enters into this
agreement by selecting Category VI on the Signature Page.

A. As required by 49 U.S.C. 5323(d) and FTA regulations, "Charter
Service," at 49 CFR 604.7, the Applicant agrees that it and
its recipients will: (1) provide charter service that uses equipment
or facilities acquired with Federal assistance authorized for
49 U.S.C. 5307, 5309, or 5311 or Title 23 U.S.C., only to the
extent that there are no private charter service operators willing
and able to provide the charter service that it or its recipients
desire to provide, unless one or more of the exceptions in 49
CFR 604.9 applies, and (2) comply with the provisions of 49 CFR
part 604 before they provide any charter service using equipment
or facilities acquired with Federal assistance authorized for
the above statutes.

B. The Applicant understands that the requirements of 49 CFR part
604 will apply to any charter service provided, the definitions
in 49 CFR part 604 apply to this agreement, and violation of this
agreement may require corrective measures and the imposition of
penalties, including debarment from the receipt of further Federal
assistance for transportation.


VII. SCHOOL BUS AGREEMENT


An Applicant seeking FTA assistance to acquire transportation
facilities and equipment must agree as follows. FTA may not provide
assistance for transportation facilities until the Applicant enters
into this Agreement by selecting Category VII on the Signature
Page.

A. As required by 49 U.S.C. 5323(f) and FTA regulations, "School
Bus Operations," at 49 CFR 605.14, the Applicant agrees that
it and all its recipients will: (1) engage in school bus operations
in competition with private school bus operators only to the extent
permitted by an exception provided by 49 U.S.C. 5323(f), and implementing
regulations, and (2) comply with the requirements of 49 CFR part
605 before providing any school bus service using equipment or
facilities acquired with Federal assistance authorized by 49 U.S.C.
chapter 53 or Title 23 U.S.C. awarded by FTA for transportation
projects.

B. The Applicant understands that the requirements of 49 CFR part
605 will apply to any school bus service it provides, the definitions
of 49 CFR part 605 apply to this school bus agreement, and a violation
of this agreement may require corrective measures and the imposition
of penalties, including debarment from the receipt of further
Federal assistance for transportation.


VIII. CERTIFICATION REQUIRED FOR THE DIRECT AWARD OF FTA ASSISTANCE
TO AN APPLICANT FOR ITS DEMAND RESPONSIVE SERVICE


An Applicant seeking Federal assistance directly to support its
demand responsive service must provide the following certification.
FTA may not award Federal assistance directly to an Applicant
to support its demand responsive service until the Applicant provides
this certification by selecting Category VIII on the Signature
Page.

As required by U.S. DOT regulations, "Transportation Services
for Individuals with Disabilities (ADA)," at 49 CFR 37.77,
the Applicant certifies that its demand responsive service offered
to persons with disabilities, including persons who use wheelchairs,
is equivalent to the level and quality of service offered to persons
without disabilities. When viewed in its entirety, its service
for persons with disabilities is provided in the most integrated
setting feasible and is equivalent with respect to: (1) response
time, (2) fares, (3) geographic service area, (4) hours and days
of service, (5) restrictions on trip purpose, (6) availability
of information and reservation capability, and (7) constraints
on capacity or service availability.


IX. SUBSTANCE ABUSE CERTIFICATIONS REQUIRED BY JANUARY 1,
1996


An Applicant required by Federal regulations to provide the following
substance abuse certifications, must do so by January 1, 1996.
FTA may not provide Federal assistance until an Applicant required
to provide the following certifications by January 1, 1996 has
selected Category IX on the Signature Page.
A. Alcohol Testing Certification


As required by FTA regulations, "Prevention of Alcohol Misuse
in Transit Operations," at 49 CFR 654.83, the Applicant certifies
that it has or will have, before January 1, 1966, established
and implemented an alcohol misuse prevention program complying
with the requirements of 49 CFR part 654; and if the Applicant
has employees regulated by the Federal Railroad Administration
(FRA), the Applicant also certifies that it has for those employees
an alcohol misuse prevention program complying with the requirements
of FRA's regulations, "Control of Alcohol and Drug Use,"
49 CFR part 219.
B. Anti-Drug Program Certification


As required by FTA regulations, "Prevention of Prohibited
Drug Use in Transit Operations," at

49 CFR 653.83, the Applicant certifies that it has or will have,
before January 1, 1996, established and implemented an anti-drug
program and has conducted employee training complying with the
requirements of 49 CFR part 653; and if the Applicant has employees
regulated by FRA, the Applicant also certifies that it has for
those employees an anti-drug program complying with the requirements
of FRA's regulations, "Control of Alcohol and Drug Use,"
49 CFR part 219.


X. ASSURANCES REQUIRED FOR PROJECTS INVOLVING REAL PROPERTY



The Applicant must provide the following assurances in connection
with each application for Federal assistance to acquire (purchase
or lease) real property. FTA may not award Federal assistance
for a project involving real property until the Applicant provides
these assurances shown by selecting Category X on the Signature
Page.
A. Relocation and Real Property Acquisition Assurance


As required by U.S. DOT regulations, "Uniform Relocation
Assistance and Real Property Acquisition for Federal and Federally
Assisted Programs," at 49 CFR 24.4, and sections 210

and 305 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (Uniform Relocation
Act), 42 U.S.C. 4630 and 4655, the Applicant assures that it has
the requisite authority under applicable state and local law and
will comply with the requirements of the Uniform Relocation Act,
42 U.S.C. 4601 et seq., and U.S. DOT regulations, "Uniform
Relocation Assistance and Real Property Acquisition for Federal
and Federally Assisted Programs," 49 CFR part 24 including,
but not limited to the following:

(1) The Applicant will adequately inform each affected person
of the benefits, policies, and procedures provided for in 49 CFR
part 24;

(2) The Applicant will provide fair and reasonable relocation
payments and assistance required by 42 U.S.C. 4622, 4623, and
4624; 49 CFR part 24; and any applicable FTA procedures, to or
for families, individuals, partnerships, corporations or associations
displaced as a result of any project financed with FTA assistance;

(3) The Applicant will provide relocation assistance programs
offering the services described in 42 U.S.C. 4625 to such displaced
families, individuals, partnerships, corporations or associations
in the manner provided in 49 CFR part 24 and FTA procedures;

(4) Within a reasonable time before displacement, the Applicant
will make available comparable replacement dwellings to displaced
families and individuals as required by 42 U.S.C. 4625(c)(3);

(5) The Applicant will carry out the relocation process in such
a manner as to provide displaced persons with uniform and consistent
services, and will make available replacement housing in the same
range of choices with respect to such housing to all displaced
persons regardless of race, color, religion, or national origin;
and

(6) In acquiring real property, the Applicant will be guided to
the greatest extent practicable under state law, by the real property
acquisition policies of 42 U.S.C. 4651 and 4652;

(7) The Applicant will pay or reimburse property owners for necessary
expenses as specified in 42 U.S.C. 4653 and 4654, understanding
that FTA will participate in the Applicant's costs of providing
those payments and that assistance for the project as required
by 42 U.S.C. 4631;

(8) The Applicant will execute such amendments to third party
contracts and subagreements financed with FTA assistance and execute,
furnish, and be bound by such additional documents as FTA may
determine necessary to effectuate or implement the assurances
provided herein; and

(9) The Applicant agrees to make this document part of and incorporate
it by reference in any third party contract or subagreement, or
any supplements and amendments thereto, relating to any project
financed by FTA involving relocation or land acquisition and provide
in any affected document that these relocation and land acquisition
provisions shall supersede any conflicting provisions.
B. Flood Insurance Coverage


As required by section 102(a) of the Flood Disaster Protection
Act of 1973, 42 U.S.C. 4012a(a), the Applicant assures that in
the course of implementing each project financed with Federal
assistance, the Applicant will obtain appropriate insurance for
any real estate acquired or construction undertaken thereon within
any special flood hazard area as identified by the Federal Insurance
Administrator. The Applicant understands that such insurance is
available in the participating area through the U.S. Federal Emergency
Management Agency's National Flood Insurance Program.
C. Seismic Assurance


As required by U.S. DOT regulations, "Seismic Safety,"
49 CFR 41.117(d), the Applicant assures that before it accepts
delivery of any building financed with Federal assistance provided
by FTA, the Applicant will obtain a certificate of compliance
with the seismic design and construction requirements of 49 CFR
part 41.


XI. CERTIFICATIONS REQUIRED FOR

THE URBANIZED AREA FORMULA PROGRAM


Each Applicant to FTA for Urbanized Area Formula Program assistance
authorized for

49 U.S.C. 5307 must provide the following certifications in connection
with its application. FTA may not award Urbanized Area Formula
Program assistance to the Applicant until the Applicant provides
these certifications and assurances shown by selecting Category
XI on the Signature Page.
A. Certifications Required by Statute


As required by 49 U.S.C. 5307(d)(1)(A) through (J), the Applicant
certifies that:

(1) It has or will have the legal, financial, and technical capacity
to carry out the proposed program of projects;

(2) It has or will have satisfactory continuing control over the
use of the equipment and facilities;

(3) It will adequately maintain the equipment and facilities;

(4) It will ensure that the elderly and handicapped persons, or
any person presenting a

Medicare card issued to himself or herself under title II or title
XVIII of the Social Security Act (42 U.S.C. 401 et seq. or 42
U.S.C. 1395 et seq.), will be charged during non-peak hours for
transportation using or involving a facility or equipment of a
project financed with Federal assistance authorized for 49 U.S.C.
5307 not more than 50 percent of the peak hour fare;

(5) In carrying out a procurement financed with Federal assistance
authorized for the Urbanized Area Formula Program at 49 U.S.C.
5307, it will use competitive procurement (as defined or approved
by the Secretary), it will not use a procurement using exclusionary
or discriminatory specifications, and it will comply with applicable
Buy America laws in carrying out a procurement;

(6) It has complied or will comply with the requirements of 49
U.S.C. 5307(c); specifically, it has or before submitting its
application it will: (a) make available to the public information
on amounts available for the Urbanized Area Formula Program at
49 U.S.C. 5307 and the program of projects it proposes to undertake
with those funds; (b) develop, in consultation with interested
parties, including private transportation providers, a proposed
program of projects for activities to be financed; (c) publish
a proposed program of projects in a way that affected citizens,
private transportation providers, and local elected officials
have the opportunity to examine the proposed program and submit
comments on the proposed program and the performance of the Applicant;
(d) provide an opportunity for a public hearing to obtain the
views of citizens on the proposed program of projects; and (e)
ensure that the proposed program of projects provides for the
coordination of transportation services assisted under 49 U.S.C.
5336 with transportation services assisted by another Federal
Government source; (f) consider comments and views received, especially
those of private transportation providers, in preparing the final
program of projects;

and (g) make the final program of projects available to the public;

(7) It has or will have available and will provide the amount
of funds required by 49 U.S.C. 5307(e) and applicable FTA policy
(specifying Federal and local shares of project costs);

(8) It will comply with: (a) 49 U.S.C. 5301(a) (requirements to
develop transportation systems that maximize mobility and minimize
fuel consumption and air pollution); (b) 49 U.S.C. 5301(d) (requirements
for transportation of the elderly and persons with disabilities);
(c) 49 U.S.C. 5303 through 5306 (planning requirements); and (d)
49 U.S.C. 5310(a) through (d) (programs for the elderly and persons
with disabilities);

(9) It has a locally developed process to solicit and consider
public comment before raising fares or implementing a major reduction
of transportation; and

(10) As required by 49 U.S.C. 5307(d)(1)(J), it will expend at
least one percent of the amount of Federal assistance it receives
for this fiscal year apportioned by 49 U.S.C. 5336 for transit
security projects, including increased lighting in or adjacent
to a transit system (including bus stops, subway stations, parking
lots, and garages), increased camera surveillance of an area in
or adjacent to that system, providing an emergency telephone line
to contact law enforcement or security personnel in an area in
or adjacent to that system, and any other project intended to
increase the security and safety of an existing or planned transit
system; unless it has decided that it is not necessary to expend
one percent of that Federal assistance this fiscal year for transit
security projects.
B. Certification Required for Capital Leasing


As required by FTA regulations, "Capital Leases," 49
CFR at 639.15(b)(1) and 639.21, to the extent that the Applicant
uses Federal assistance authorized for 49 U.S.C. 5307 to acquire
any capital asset by lease, the Applicant certifies that:

(1) It will not use Federal assistance authorized for 49 U.S.C.
5307 to finance the cost of leasing any capital asset until it
undertakes calculations demonstrating that it is more cost-effective
to lease the capital asset than to purchase or construct similar
assets;

(2) It will complete these calculations before entering into the
lease or before receiving a capital grant for the asset, whichever
is later; and

(3) It will not enter into a capital lease for which FTA can only
provide incremental funding unless it has the financial capacity
to meet its future obligations under the lease in the event Federal
assistance is not available for capital projects in subsequent
years.
C. Certification Required for Sole Source Purchase of Associated
Capital Maintenance Item


As required by 49 U.S.C. 5325(c), to the extent that the Applicant
procures an associated capital maintenance item under the authority
of 49 U.S.C. 5307(b)(1), the Applicant certifies that it will
use competition to procure an associated capital maintenance item
unless the manufacturer or supplier of that item is the only source
for the item and the price of the item is no more than the price
similar customers pay for the item, and maintain sufficient records
pertaining to each such procurement on file easily retrievable
for FTA inspection.


XII. CERTIFICATIONS AND ASSURANCES FOR THE ELDERLY AND PERSONS
WITH DISABILITIES PROGRAM


An Applicant that intends to administer, on behalf of the state,
the Elderly and Persons with Disabilities Program must provide
the following certifications. FTA may not award assistance for
this program until the Applicant provides these certifications
and assurances by selecting Category XII on the Signature Page.

Based on its own knowledge and, as necessary, on information submitted
by the subrecipient, the Applicant administering on behalf of
the state the Elderly and Persons with Disabilities Program authorized
by 49 U.S.C. 5310 certifies and assures that the following requirements
and conditions will be fulfilled:

A. The state organization serving as the Applicant and each subrecipient
has or will have the necessary legal, financial, and managerial
capability to apply for, receive, and disburse Federal assistance
authorized for 49 U.S.C. 5310; and to implement and manage the
project.

B. The state assures that each subrecipient either is recognized
under state law as a private nonprofit organization with the legal
capability to contract with the state to carry out the proposed
project, or is a public body that has met the statutory requirements
to receive Federal assistance authorized for 49 U.S.C. 5310.

C. The subrecipient's application for 49 U.S.C. 5310 assistance
contains information from which the state concludes that the transit
service provided or offered to be provided by existing public
or private transit operators is unavailable, insufficient, or
inappropriate to meet the special needs of the elderly and persons
with disabilities.

D. The state assures that sufficient non-Federal funds have been
or will be committed to provide the required local share.

E. The subrecipient has, or will have by the time of delivery,
sufficient funds to operate and maintain the vehicles and equipment
purchased with Federal assistance awarded for this project.

F. The state assures that its Elderly and Persons with Disabilities
Formula Program is included in the Statewide Transportation Improvement
Program as required by 23 U.S.C. 135; and all projects in urbanized
areas recommended for approval are included in the annual element
of the metropolitan Transportation Improvement Program in which
the subrecipient is located.

G. The subrecipient has, to the maximum extent feasible, coordinated
with other transportation providers and users, including social
service agencies authorized to purchase transit service.

H. The subrecipient is in compliance with all applicable civil
rights requirements, and has signed the Nondiscrimination Assurance.
(Category I, G. "Certifications and Assurances Required of
Each Applicant.")

I. The subrecipient will comply with applicable requirements of
U.S. DOT regulations on participation of disadvantaged business
enterprises in U.S. DOT programs.

J. The state will comply with all existing Federal requirements
regarding transportation of the elderly and persons with disabilities.
The subrecipient has provided to the state an Assurance of Nondiscrimination
on the Basis of Disability, as set forth in the Certifications
and Assurances required of each Applicant for FTA assistance.
(Category I, F "Certifications and Assurances Required of
Each Applicant.") If non-accessible vehicles are being purchased
for use by a public entity in demand responsive service for the
general public, the state will obtain from the subrecipient a
"Certification of Equivalent Service," which states
that the public entity's demand responsive service offered to
persons with disabilities, including persons who use wheelchairs,
is equivalent to the level and quality of service the public entity
offers to persons without disabilities. (See Category VIII "Certifications
Required for the Direct Award of FTA Assistance to an Applicant
for its Demand Responsive Service.") This "Certification
of Equivalent Service" must also state that the public entity's
demand responsive service, when viewed in its entirety, is provided
in the most integrated setting feasible and has equivalent: (1)
response time, (2) fares, (3) geographic service area, (4) hours
and days of service, (5) restrictions or restraints on trip purpose,
(6) availability of information and reservation capability, and
(7) constraints on capacity or service availability.

K. The subrecipient has certified to the state that it will comply
with applicable provisions of

49 CFR part 605 pertaining to school bus operations. (See Category
VII, "School Bus Agreement.")

L. Unless otherwise noted, each of the subrecipient's projects
qualifies for a categorical exclusion and does not require further
environmental approvals, as described in the joint FHWA/FTA regulations,
"Environmental Impact and Related Procedures," at 23
CFR 771.117(c). The state certifies that financial assistance
will not be provided for any project that does not qualify for
a categorical exclusion described in 23 CFR 771.117(c) until FTA
has made the required environmental finding. The state further
certifies that no financial assistance will be provided for a
project requiring a conformity finding in accordance with the
Environmental Protection Agency's Clean Air Conformity regulations
at 40 CFR parts 51 and 93, until FTA makes the required conformity
finding.

M. The subrecipient has submitted (or will submit) all certifications
and assurances currently required, including, but not limited
to: a nonprocurement suspension and debarment certification; a
bus testing certification for new models; a pre-award and post-delivery
review certification; and a lobbying certification for each application
exceeding $100,000.

N. The state will enter into a written agreement with each subrecipient
stating the terms and conditions of assistance by which the project
will be undertaken and completed.

O. The state recognizes FTA's authority to conduct audits to verify
compliance with the foregoing requirements and stipulations.


XIII. CERTIFICATIONS AND ASSURANCES FOR THE NONURBANIZED AREA
FORMULA PROGRAM


An Applicant that intends to administer, on behalf of the state,
the Nonurbanized Area Formula Program must submit the following
certifications and assurances. FTA may not award Nonurbanized
Area Formula Program assistance to the Applicant until the Applicant
provides these certifications and assurances shown by selecting
Category XIII on the Signature Page.

Based on its own knowledge and, as necessary, on information submitted
by the subrecipient, the Applicant administering on behalf of
the state the Nonurbanized Area Formula Program authorized by
49 U.S.C. 5311 certifies and assures that the following requirements
and conditions will be fulfilled:

A. The state organization serving as the Applicant and each subrecipient
has or will have the necessary legal, financial, and managerial
capability to apply for, receive and disburse Federal assistance
authorized for 49 U.S.C. 5311; and to implement and manage the
project.

B. The state assures that sufficient non-Federal funds have been
or will be committed to provide the required local share.

C. The subrecipient has, or will have by the time of delivery,
sufficient funds to operate and maintain the vehicles and equipment
purchased with Federal assistance authorized for this project.

D. The state assures that its Nonurbanized Area Formula Program
is included in the Statewide Transportation Improvement Program
as required by 23 U.S.C. 135; and to the extent applicable, projects
are included in a metropolitan Transportation Improvement Program.

E. The state has provided for a fair and equitable distribution
of Federal assistance authorized for

49 U.S.C. 5311 within the state, including Indian reservations
within the state.

F. The subrecipient has, to the maximum extent feasible, coordinated
with other transportation providers and users, including social
service agencies authorized to purchase transit service.

G. The subrecipient is in compliance with all applicable civil
rights requirements, and has signed the Nondiscrimination Assurance.
(See Category I, G, "Certifications and Assurances Required
of Each Applicant.")

H. The subrecipient will comply with applicable requirements of
U.S. DOT regulations on participation of disadvantaged business
enterprise in U.S. DOT programs.

I. The state will comply with all existing Federal requirements
regarding transportation of elderly persons and persons with disabilities.
The subrecipient has provided to the state an Assurance of Nondiscrimination
on the Basis of Disability, as set forth in the Certifications
and Assurances required of each Applicant for FTA assistance in
Category I of this document. If non-accessible vehicles are being
purchased for use by a public entity in demand responsive service
for the general public, the state will obtain from the subrecipient
a "Certification of Equivalent Service," which states
that the public entity's demand responsive service offered to
persons with disabilities, including persons who use wheelchairs,
is equivalent to the level and quality of service the public entity
offers to persons without disabilities. (See Category I, F , "Certifications
and Assurances Required of Each Applicant.") This "Certification
of Equivalent Service" must also state that the public entity's
demand responsive service, when viewed in its entirety, is provided
in the most integrated setting feasible and has equivalent: (1)
response time, (2) fares, (3) geographic service area, (4) hours
and days of service, (5) restrictions and restraints on trip purpose,
(6) availability of information and reservation capability, and
(7) constraints on capacity or service availability. (See Category
VIII, "Certifications Required for the Direct Award of FTA
Assistance to an Applicant for its Demand Responsive Service.")

J. The subrecipient has complied with the transit employee protective
provisions of 49 U.S.C. 5333(b), by one of the following actions:
(1) signing the Special Warranty for the Nonurbanized Area Formula
Program, (2) agreeing to alternative comparable arrangements approved
by the Department of Labor (DOL), or (3) obtaining a waiver from
DOL; and the state has certified the subrecipient's compliance
to DOL.

K. The subrecipient has certified to the state that it will comply
with 49 CFR part 604 in the provision of any charter service provided
with equipment or facilities acquired with FTA assistance, and
will also comply with applicable provisions of 49 CFR part 605
pertaining to school bus operations. (See Category VI, "Charter
Bus Agreement," and Category VII, "School Bus Agreement.")

L. Unless otherwise noted, each of the subrecipient's projects
qualifies for a categorical exclusion and does not require further
environmental approvals, as described in the joint FHWA/FTA regulations,
"Environmental Impact and Related Procedures," at 23
CFR 771.117(c). The state certifies that financial assistance
will not be provided for any project that does not qualify for
a categorical exclusion described in 23 CFR 771.117(c) until FTA
has made the required environmental finding. The state further
certifies that no financial assistance will be provided for a
project requiring a conformity finding in accordance with the
Environmental Protection Agency's Clean Air Conformity regulations
at 40 CFR parts 51 and 93, until FTA makes the required conformity
finding.

M. The subrecipient has submitted (or will submit) all certifications
and assurances currently required, including but not limited to:
a nonprocurement suspension and debarment certification; a bus
testing certification for new bus models; a pre-award and post-delivery
review certification; a lobbying certification for each application
exceeding $100,000; and if required by FTA, an anti-drug program
certification and an alcohol testing certification.

N. The state will enter into a written agreement with each subrecipient
stating the terms and conditions of assistance by which the project
will be undertaken and completed.

O. The state recognizes FTA's authority to conduct audits to verify
compliance with the foregoing requirements and stipulations.

P. As required by 49 U.S.C. 5311(f), it will expend not less than
fifteen percent of the Federal assistance authorized for 49 U.S.C.
5311(f) it receives during this fiscal year to carry out a program
to develop and support intercity bus transportation, unless the
chief executive officer of the state or his or her duly authorized
designee certifies that the intercity bus service needs of the
state are being adequately met.

Selection and Signature Pages follow


FEDERAL FY 1996 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE



Name of Applicant: ___________________________________________

The Applicant agrees to comply with applicable requirements of
Categories I - XIII. ____

(The Applicant may make this selection in lieu of individual selections
below.)

OR

The Applicant agrees to comply with the applicable requirements
of the

following categories it has selected:

I. Certifications and Assurances Required of Each Applicant. ____

(Previous Category II, Procurement, is now Category I, paragraph
H.)

II. Lobbying Certification. ____

III. Public Hearing Certification for Major Projects with Substantial
Impacts. ____

IV. Certification for the Purchase of Rolling Stock. ____

V. Bus Testing Certification. ____

VI. Charter Bus Agreement. ____

VII. School Bus Agreement. ____

VIII. Certification for Demand Responsive Service. ____

IX. Substance Abuse Certifications Required by January 1, 1996.
____

X. Assurances Projects Involving Real Property. ____

XI. Certifications for the Urbanized Area Formula Program. ____

XII. Certifications for the Elderly and Persons with Disabilities
Program. ____

XIII. Certifications for the Nonurbanized Area Formula Program.
____

(Both sides of this Signature Page must be appropriately completed
and signed where indicated.)


FTA CERTIFICATIONS AND ASSURANCES FOR FEDERAL FISCAL YEAR
1996


Name of Applicant: _______________________________________________________

Name and Relationship of Authorized Representative: ________________________________________

BY SIGNING BELOW I, ______________________ (name), declare that
I the Applicant has duly authorized me to make these certifications
and assurances on the Applicant's behalf and bind the Applicant's
compliance. Thus, the Applicant agrees to comply with all Federal
statutes, regulations, executive orders, and administrative guidance
required for each application it makes to the Federal Transit
Administration (FTA) in Federal Fiscal Year 1996.

FTA intends that the certifications and assurances the Applicant
selects on the other side of this form, as representative of the
certifications and assurances in Appendix A, should apply, as
required, to each project for which the Applicant seeks now, or
may later, seek FTA assistance during Federal Fiscal Year 1996.

The Applicant affirms the truthfulness and accuracy of the certifications
and assurances it has made in the statements submitted herein
with this document and any other submission made to FTA, and acknowledges
that the provisions of the Program Fraud Civil Remedies Act of
1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 CFR part 31 apply
to any certification, assurance or submission made to FTA. The
criminal fraud provisions of 18 U.S.C. 1001 apply to any certification,
assurance, or submission made in connection with the Urbanized
Area Formula Program, 49 U.S.C. 5307, and may apply to any other
certification, assurance, or submission made in connection with
any other program administered by FTA.

In signing this document, I declare under penalties of perjury
that the foregoing certifications and assurances, and any other
statements made by me on behalf of the Applicant are true and
correct.

Date: __________________ a. ___________________________________

Authorized Representative of Applicant


AFFIRMATION OF APPLICANT'S ATTORNEY


for __________________________________________ (Name of Applicant)

As the undersigned legal counsel for the above named Applicant
I hereby affirm that the Applicant has authority under state and
local law to make and comply with the certifications and assurances
as indicated on the foregoing pages. I further affirm that, in
my opinion, the certifications and assurances have been legally
made and constitute legal and binding obligations on the Applicant.

I further affirm that, to the best of my knowledge, there is no
legislation or litigation pending or threatened that might adversely
affect the validity of these certifications and assurances, or
of the performance of the project. Furthermore, if I become aware
of circumstances that change the accuracy of the foregoing statements,
I will notify the Applicant and FTA.

Date: __________________ b. _________________________________

Applicant's Attorney

Date: __________________ c. _________________________________

The Applicant's legal counsel is required to affirm the legal
capacity of the Applicant, except that an Applicant seeking only
an FTA university and research training grant authorized by 49
U.S.C. 5312(b) need not submit an Attorney's Affirmation. The
Attorney's Affirmation used for a previous FTA project generally
may be used in Fiscal Year 1996, provided the Applicant's circumstances
have not changed in a way that makes the certifications invalid
and the Attorney's Affirmations remains on file in the Applicant's
offices readily available to FTA. In that case, line "b"
should remain blank, and the same Authorized Representative signs
"a." and "c." See Procedures in introduction
section.

Note: FTA, however, reserves the right to require an Attorney's
signature on line "b."

(96certfr.html)

---