43 Tex. Admin. Code § 31.42 – Standard Federal Requirements

(a) Purpose. This section describes the standard federal requirements that apply to entities that receive, either directly or as pass-through, FTA grant funds under the following programs codified at 49 U.S.C.:
1. (1) Section 5303 Grants to MPOs;
2. (2) Section 5307 Urbanized Area Formula Grants;
3. (3) Section 5309 Capital Investment Grants;
4. (4) Section 5310 Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities;
5. (5) Section 5311 Formula Grants for Other Than Urbanized Areas;
6. (6) Section 5304 State Planning and Research Programs;
7. (7) Section 5316 Job Access and Reverse Commute Formula Grants; and
8. (8) Section 5317 New Freedom Program.
(b) Requirements. All entities that receive funds under the Federal Transit Act, codified at 49 U.S.C. §5301 et seq., shall comply with the provisions of the following statutes and regulations:
1. (1) Federal Transit Laws, Title 49, United States Code, Chapter 53;
2. (2) Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, August 10, 2005);
3. (3) Federal-aid highway and surface transportation laws, Title 23, United States Code;
4. (4) Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, June 9, 1998);
5. (5) Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 105 Stat. 1914, Dec. 18, 1991);
6. (6) Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq.;
7. (7) Government Performance Results Act of 1993, as amended (Pub. L. 103-62, 107 Stat. 285, August 3 1993);
8. (8) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794;
9. (9) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d;
10. (10) Title VII of the Civil Rights Act of 1964, as amended, 43 U.S.C. 2000e;
11. (11) Clean Air Act, as amended, 42 U.S.C. 7401 et seq;
12. (12) Section 404 of the Clean Water Act, as amended, 33 U.S.C. 1344;
13. (13) Policy on Lands, Wildlife, and Waterfowl Refuges, and Historic Sites, 49 U.S.C. 303;
14. (14) National Historic Preservation Act, 16 U.S.C. 470f;
15. (15) Internal Revenue Code, Non-profit Organizations, 26 U.S.C. 501;
16. (16) Lobbying Restrictions, 31 U.S.C. 1352;
17. (17) State Infrastructure Provisions of National Highway System Designation Act of 1995, as amended, 23 U.S.C. 101 note;
18. (18) Congressional Declaration of Policy Respecting Insular Areas, 48 U.S.C. §1469a;
19. (19) Program Fraud Civil Remedies Act, 31 U.S.C. 3801 et seq.;
20. (20) Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended, 42 U.S.C. 4601, et seq.;
21. (21) Sections 4001 and 1555 of the Federal Acquisition Streamlining Act of 1994, 41 U.S.C. §403(11) and 40 U.S.C. §481(b), respectively;
22. (22) Executive Order 12612, "Federalism," dated 10-26-87;
23. (23) Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.;
24. (24) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq.;
25. (25) National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq.;
26. (26) Federal Funding Accountability and Transparency Act of 2006 (Pub. L 109-282, 120 Stat 1186, Sept. 26, 2006);
27. (27) Davis-Bacon Act, as amended, 40 U.S.C. 3141 et seq.;
28. (28) Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. 701 et seq.;
29. (29) Alaska Native Claims Settlement Act, as amended, 43 U.S.C. 1601 et seq.;
30. (30) U.S. Department of Housing and Urban Development regulations, "Community Development Block Grants," 24 C.F.R. Part 570;
31. (31) Joint Federal Highway Administration/FTA regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613;
32. (32) Joint Federal Highway Administration/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622;
33. (33) Federal Motor Carrier Safety Administration regulations, "Controlled Substances and Alcohol Use and Testing," 49 C.F.R. Part 382;
34. (34) Federal Highway Administration regulations, "Classes of Actions," 23 C.F.R. §771.115;
35. (35) Federal Highway Administration regulations, "Categorical Exclusions," 23 C.F.R. §771.117;
36. (36) Judicial Administration regulations, "Nondiscrimination; Equal Employment Opportunity; Policies and Procedures," 28 C.F.R. Part 42;
37. (37) U.S. Department of Treasury regulations, "Rules and Procedures for Efficient Federal-State Funds Transfers," 31 C.F.R. Part 205;
38. (38) U.S. Environmental Protection Agency regulations, "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93;
39. (39) U.S. DOT regulations, "Organization and Delegation of Powers and Duties," 49 C.F.R. Part 1;
40. (40) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18;
41. (41) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," 49 C.F.R. Part 19;
42. (42) U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20;
43. (43) U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. Part 21;
44. (44) U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs," 49 C.F.R. Part 24;
45. (45) U.S. DOT regulations "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. Part 25;
46. (46) U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. Part 26;
47. (47) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. Part 27;
48. (48) U.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," 49 C.F.R. Part 29, as amended by 71 FR 62396, Oct. 25 2006;
49. (49) U.S. DOT regulations, "Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)," 49 C.F.R. Part 32;
50. (50) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37;
51. (51) U.S. DOT regulations, "Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;
52. (52) U.S. DOT regulations, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs," 49 C.F.R. Part 40;
53. (53) DOT Seismic Safety Rule, 49 C.F.R. §41.117;
54. (54) FTA regulations, 49 C.F.R. Chapter VI;
55. (55) FTA regulations, "Charter Service," 49 C.F.R. Part 604;
56. (56) FTA Disposition of Inquiries, "Pre-Award and Post-Delivery Audits of Rolling Stock Questions and Answers," 57 FR 10834 (1992);
57. (57) Uniform Standards of Professional Appraisal Practice (USPAP);
58. (58) Executive Order 12372, "Intergovernmental Review of Federal Programs," July 14, 1982;
59. (59) Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations" (February 11, 1994);
60. (60) Executive Order 13217, "Community-Based Alternatives for Individuals with Disabilities," June 18, 2001;
61. (61) Executive Order 13330, "Human Service Transportation Coordination" (February 24, 2004);
62. (62) Department of Labor Guidelines, "DOL Guidelines, Section 5333(b), Federal Transit law," 29 C.F.R. Part 215;
63. (63) Office of Management and Budget Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments";
64. (64) Office of Management and Budget Circular A-94, "Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs";
65. (65) Office of Management and Budget Circular A-122, "Cost Principles for Non-Profit Organizations," codified at 2 C.F.R. Part 230;
66. (66) Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations";
67. (67) U.S. Department of Transportation (DOT) Order to Address Environmental Justice in Minority Populations and Low-Income Populations, 62 FR 18377 (April 15, 1997);
68. (68) U.S. DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient (LEP) Persons, 70 FR 74087 (December 14, 2005);
69. (69) FTA Circular 4220.1E, or its latest version, "Third Party Contracting Requirements";
70. (70) FTA Circular 5010.1C, or its latest version, "Grant Management Guidelines";
71. (71) FTA Circular 9030.1C, or its latest version, "Urbanized Formula Program Guidance and Application Instructions";
72. (72) FTA Circular 9040.1F, or its latest version, "Nonurbanized Area Formula Program Guidance and Application Instructions";
73. (73) FTA Circular 4702.1, or its latest version, Title VI Program Guidelines for FTA Recipients";
74. (74) Notice of Final Agency Guidance on the Eligibility of Joint Development Improvements Under Federal Transit Law, 72 FR 5788 (February 7, 2007);
75. (75) U.S. General Services Administration, "Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs";
76. (76) FTA Master Agreement FTA MA (13); and
77. (77) "Guidelines for Disbursements," FTA ECHO-Web System Operations Manual.

Source Note:The provisions of this §31.42 adopted to be effective August 11, 1994, 19 TexReg 5880; amended to be effective February 15, 2001, 26 TexReg 1365; amended to be effective April 17, 2003, 28 TexReg 3080; amended to be effective February 21, 2008, 33 TexReg 1380.