Certifications Required by Sections 1201, 1511, and 1607 of ARRA: Certifications at the State (and Equivalent) Level

1201(a) – Maintenance of Effort for State funding

• Applies only to DOT ARRA programs
• One time certification from Governor
• All States submitted by March 19, 2009 deadline; subsequent DOT guidance provided an opportunity for states to amend their certifications by May 22, 2009 as appropriate, and again by March 11, 2010, based on final DOT guidance on types of funding to be included.
• Covers all State funding planned as of February 17, 2009 for types of projects eligible for DOT ARRA funding through September 30, 2010.
• For transit, Maintenance of Effort requirement applies to State accounts which contain fungible amounts for capital and operating, or capital accounts only, when the state has separate streams for operating and capital.
• Failure to maintain State funding impacts FY 2011 August redistribution of FHWA formula funds

1511 – Certification that ARRA Projects have been properly vetted and are appropriate use of taxpayer dollars

• Government Wide ARRA requirement
• Projects must be certified before grant award
• Must include list of projects to be funded by ARRA programs
• Must be posted on website and linked to Recovery.Gov
• Certification may be made by Governor, Mayor, or other appropriate local official
• Secretary LaHood letter to Governors on February 27, 2009 said one certification based on TIP/STIP process could suffice for all FHWA and FTA ARRA projects if it included link to website that would reflect current STIP
• Some Governors only certified list of specific highway projects – check postings at DOT’s ARRA Certifications site.
• If previous certification(s) didn’t cover transit project(s), Mayor or Transit Board Chair or MPO (appropriate local official) may make certification
• Send any new transit certifications to tigerteam@dot.gov and send copy to FTA regional office  

1607 – Governor’s acceptance of ARRA funds

• One time government wide ARRA requirement
• All states certified by April 3, 2009 deadline
• State legislature could accept funds if Governor declined
• No States rejected Transportation funds