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a. Applicability of This Section 66. The Recipient understands and agrees that this section 66 of this Master Agreement applies to projects supported with funding appropriated or made available for 49 U.S.C. § 5311(b)(2), as amended by section 20010 of MAP-21, which authorizes the Formula Grants Program for Rural Areas,

b. MAP-21 Amendments. The Recipient understands and agrees that section 20010 of MAP-21 amends 49 U.S.C. § 5311 by:

(1) Changing the name of the program from the “Formula Grants for Other than Urbanized Areas Program” to the “Rural Areas Formula Grants Program,”

(2) Substituting the term “rural” for “other than urbanized,”

(3) Authorizing planning as an eligible activity for Subrecipients awarded Rural Areas Formula Grants Program funding, apart from planning by the Recipient in connection with its administrative functions,

(4) Including Job Access and Reverse Commute (JARC) Projects and Project activities as eligible for funding under the Rural Areas Formula Grants Program,

(5) Reducing the percentage of funding that may be used by the Recipient for administration, planning, and technical activities from fifteen (15) percent to ten (10) percent,

(6) Authorizing a new Appalachian Development Public Transportation Assistance Program,

(7) Clarifying that funding is available for “intercity bus facilities” and “joint-use facilities,” (8) Authorizing the use of the value of a private operator’s unsubsidized segment of

intercity bus service costs to provide an in-kind local share for an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, and

(9) Amending the former 49 U.S.C. § 5311(c) authorizing the discretionary Tribal Transit Program by adding formula grant authority to the Tribal Transit Program,

c. Federal Laws, Regulations, and Guidance. In administering its Project and Project activities under the Rural Areas Formula Grants Program supported with funding made available or appropriated for 49 U.S.C. § 5311(b)(1), as amended by MAP-21:

(1) The Recipient agrees to comply with:

(a) The applicable requirements of 49 U.S.C. chapter 53, as amended by MAP-21, (b) Other applicable Federal laws and regulations, and

(c) Its Underlying Agreement and all other applicable provisions of this Master Agreement, and

(2) The Recipient agrees to follow:

(a) The most recent edition of FTA Circular 9040.1, “Formula Grants for Rural Areas: Program Guidance and Application Instructions,” when issued,

(b) All other applicable requirements of 49 U.S.C. chapter 53, as amended by MAP-21, and

(c) All other applicable Federal guidance, and

d. Other Special Provisions for the Rural Areas Formula Grants Program.

(1) Eligible Project Activities. Federal funds provided for its Underlying Agreement and subagreements may be used for the following public transportation Projects in rural areas: (a) Capital,

(b) Operating, (c) Planning,

(d) Purchase of service agreements with private providers of public transportation service,

(e) Technical assistance, (f) Administrative,

(g) Job access and reverse commute projects, and

(h) Meal delivery service, as permitted by 49 U.S.C. § 5310(b)(7), as amended by MAP-21, and

(i) New Freedom-type activities,

(2) Consistency with Transportation Plans. The Projects selected must be consistent with: (a) The locally developed and coordinated public transit-human services transportation

plan applicable to the Recipient, and (b) The applicable State management plan,

(3) Public Transportation Emergency Relief Project Requirements. For a Project that addresses an emergency as defined by 49 U.S.C. § 5324(a)(2) and is supported with funding made available or appropriated for 49 U.S.C. § 5311(b)(1), as amended by MAP-21, the Recipient agrees to:

(a) Use that funding only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et seq., (b) Comply with FTA regulations, “Emergency Relief,” 49 C.F.R. part 602, and (c) Comply with the terms and conditions the Secretary determines are necessary for

the Project,

(4) Use of Funding. Funds transferred from other Federal programs must be used for Projects eligible for 49 U.S.C. § 5311(b)(1) funding,

(5) Intercity Transportation. Each fiscal year, it will:

(a) Spend a minimum of at least fifteen (15) percent of its 49 U.S.C. § 5311 funds for Intercity Transportation Projects as provided by 49 U.S.C. § 5311(f), or

(b) Provide a certification of the Governor of its State’ or the Governor’s authorized designee that the intercity bus service needs within the State are adequately fulfilled,

(6) Transfer of Project Property. As provided by 49 U.S.C. § 5311(h), it may transfer 49 U.S.C. § 5311 funded property to another entity eligible to receive funding under 49 U.S.C. chapter 53, provided that:

(a) The Subrecipient possessing the property consents to the transfer to another entity, and

(b) The transferred property will continue to be used for service in a rural area, (7) Employee Protective Arrangements. Compliance with the employee protections of the

U.S. DOL Special Warranty that applies to Rural Areas Formula Grant Program, 49 U.S.C. § 5311, as amended by MAP-21,

(8) Reporting Requirements. The Recipient agrees and assures as follows:

(a) National Transit Database. For each fiscal year it receives or provides to any public transportation operator funding for the Urbanized Area Formula Grant Program, it will require the public transportation operators participating in its Project to comply with the National Database requirements of section 8.c of this Master Agreement, (b) Transit Asset Management. It will comply with FTA’s Transit Asset Management

Program regulations when implemented pursuant to 49 U.S.C. § 5326, as amended by MAP-21, and

(c) Other Regulations and Guidance. It will comply with any other applicable Federal reporting regulations and follow all applicable Federal guidance, and

(9) Written Agreements with Subrecipients. The Recipient agrees to enter into a written agreement with each Subrecipient, which agreement includes provisions that describe the Subrecipient’s responsibilities and assures that the Subrecipient will not compromise the Recipient’s compliance with:

(a) Any Federal requirements that apply to the Project, and

(b) The Recipient’s commitments under its Underlying Agreement and this Master Agreement.

Section 67. Special Provisions for the Other Than Urbanized Areas Formula Grant