Notice of Funding Availability for the Department of Housing and Urban Development's Community Challenge Planning Grants and the Department of Transportation's TIGER II Planning Grants, 36246-36255 [2010-15353]

Download as PDF 36246 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DEPARTMENT OF TRANSPORTATION [Docket No. FR–5415–N–12] Notice of Funding Availability for the Department of Housing and Urban Development’s Community Challenge Planning Grants and the Department of Transportation’s TIGER II Planning Grants emcdonald on DSK2BSOYB1PROD with NOTICES3 AGENCY: Office of Sustainable Housing and Communities, Office of the Deputy Secretary, HUD; and Office of the Secretary, DOT. ACTION: Notice of Funding Availability (NOFA). SUMMARY: This notice announces the availability of funding and requests proposals for the Department of Housing and Urban Development’s (‘‘HUD’s’’) Community Challenge Planning Grants (‘‘Community Challenge Planning Grants’’) in conjunction with a portion of the Department of Transportation’s (‘‘DOT’s’’) National Infrastructure Investments Grants that can be used for transportation planning grants. On December 16, 2009, the President signed the Consolidated Appropriations Act, 2010 (Pub. L. 111–117) that provided $40 million for HUD’s Community Challenge Planning Grants and up to $35 million for DOT’s transportation planning grants to be awarded as part of the National Infrastructure Investments program. The National Infrastructure Investments program is similar, but not identical to, the Transportation Investment Generating Economic Recovery, or ‘‘TIGER Discretionary Grant Program.’’ Because of the similarity in program structure, DOT is referring to the grants for National Infrastructure Investments under the FY 2010 Appropriations Act as ‘‘TIGER II Discretionary Grants’’ and the transportation planning grants as ‘‘TIGER II Planning Grants.’’ HUD’s $40 million Community Challenge Planning Grant Program will foster reform and reduce barriers to achieving affordable, economically vital, and sustainable communities. Such efforts may include amending or replacing local master plans, zoning codes, and building codes, either on a jurisdiction-wide basis or in a specific neighborhood, district, corridor, or sector to promote mixed-use development, affordable housing, the reuse of older buildings and structures for new purposes, and similar activities with the goal of promoting sustainability at the local or neighborhood level. HUD’s Community VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 Challenge Planning Grant Program also supports the development of affordable housing through the development and adoption of inclusionary zoning ordinances and other activities such as acquisition of land for affordable housing projects. The Community Challenge Planning Grant Program differs from HUD’s Sustainable Communities Regional Planning Grant Program, a $100 million program also created in the FY2010 Appropriations Act. While the latter program is designed to support regional planning efforts, the Community Challenge Planning Grant Program focuses on individual jurisdictions and more localized planning. HUD will publish a separate NOFA for the Sustainable Communities Regional Planning Grant Program. DOT is authorized to use up to $35 million of the funds available for TIGER II Discretionary Grants for TIGER II Planning Grants to fund the planning, preparation, or design of surface transportation projects that would be eligible for funding under the TIGER II Discretionary Grant program. DOT and HUD have decided to issue this NOFA jointly in order to better align transportation, housing, economic development, and land use planning and to improve linkages between DOT and HUD’s programs. HUD’s funding is designed to target housing, economic development, and land use planning strategies that will increase the efficiency and effectiveness of a related transportation project being planned. Therefore, DOT and HUD believe this joint effort has the potential to encourage and reward more holistic planning efforts that result in better projects being built with Federal dollars. The effort is also consistent with the Obama Administration’s priority on removing artificial barriers between Federal programs and barriers to State and local governmental level innovation. On April 26, 2010 (75 FR 21695), DOT published an interim notice announcing the availability of funding for TIGER II Discretionary Grants. Because the TIGER II Discretionary Grant program is a new program, the interim notice requested comments on the proposed selection criteria and guidance for awarding TIGER II Discretionary Grants. In the interim notice, DOT specifically requested comments on its intention to conduct a multi-agency evaluation and award process with HUD for the Community Challenge Planning Grants and the TIGER II Planning Grants. DOT indicated that this multi-agency approach for the planning grants would be consistent with DOT and HUD’s PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 participation in the ‘‘Partnership for Sustainable Communities’’ with the U.S. Environmental Protection Agency (‘‘EPA’’) to help American families in all communities—rural, suburban and urban—gain better access to affordable housing, more transportation options, lower transportation costs, and a cleaner environment. HUD and DOT have considered the comments that were submitted in accordance with the interim notice and decided to conduct a multi-agency evaluation and award process. The details of this multi-agency planning grant program, including information about eligibility, selection criteria, and pre-application and application requirements are included in this joint notice. The final notice for the TIGER II Discretionary Grant program (the ‘‘TIGER II Discretionary Grant NOFA’’) was published on June 1, 2010 (75 FR 30460). Interested parties are encouraged to review the TIGER II Discretionary Grant NOFA for more information about that program. DATES: Pre-applications are due by July 26, 2010, at 5 p.m. EDT, and applications must be submitted by August 23, 2010, at 5 p.m. EDT. Only pre-applications received and applications received through Grants.gov will be deemed properly filed. Instructions for submitting preapplications and applications are included in Section VI. FOR FURTHER INFORMATION CONTACT: For further information concerning this notice please contact the TIGER II Discretionary Grant program manager via e-mail at TIGERIIGrants@dot.gov, or call Robert Mariner at 202–366–8914 (this is not a toll-free number). A TDD is available for individuals who are deaf or hearing-impaired, at 202–366–3993 (this is not a toll-free number). In addition, DOT will regularly post answers to questions and requests for clarifications on DOT’s Web site at http://www.dot.gov/recovery/ost/ TIGERII. Questions regarding HUD’s Community Challenge Planning Grant Program should be directed to sustainablecommunities@hud.gov or may be submitted through the http:// www.hud.gov/sustainability Web site. HUD’s contact person is Zuleika K. Morales-Romero, Office of Sustainable Housing and Communities, 451 Seventh Street, SW., Washington, DC 20410– 3000, telephone number 202–402–7683 (this is not a toll-free number) facsimile 202–708–0465, or e-mail: zuleika.k.morales@hud.gov. For the hearing- or speech-impaired, contact the above telephone number via TTY by dialing the toll-free Federal Information Relay Service at 1–800–877–8339. E:\FR\FM\24JNN3.SGM 24JNN3 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices SUPPLEMENTARY INFORMATION: Table of Contents emcdonald on DSK2BSOYB1PROD with NOTICES3 Overview Information Full Text Announcement I. Funding Opportunity Description II. Award Information III. Eligibility Information IV. Threshold Requirements V. Application Review Information VI. Application and Submission Information VII. Award Administration Information VIII. Other Information Overview Information A. Federal Agency Name: Office of Sustainable Housing and Communities, Office of the Deputy Secretary, HUD; and Office of the Secretary, DOT. B. Funding Opportunity Title: Community Challenge and Transportation Planning Grants. C. Funding Opportunity Number: The funding opportunity number is FR– 5415–N–12. Community Challenge and Transportation Planning Grant. The OMB Approval Number is 2501–0025. D. Catalog of Federal Domestic Assistance (CFDA) Number: The Catalog of Federal Domestic Assistance (CFDA) numbers for the HUD Community Challenge and DOT TIGER II Planning Grant are 14.704 and 20.933, respectively. E. Additional Overview Information: 1. Background. a. TIGER II Planning Grants. On February 17, 2009, the President signed the American Recovery and Reinvestment Act of 2009 (Pub. L. 111– 05) (Recovery Act), which appropriated $1.5 billion of discretionary grant funds to be awarded by DOT for capital investments in surface transportation infrastructure. DOT refers to these grants as Grants for Transportation Investment Generating Economic Recovery or ‘‘TIGER Discretionary Grants.’’ DOT solicited applications for TIGER Discretionary Grants through a notice of funding availability published in the Federal Register on June 17, 2009 (74 FR 28775) (an interim notice was published on May 18, 2009 (74 FR 23226)). Applications for TIGER Discretionary Grants were due on September 15, 2009, and DOT received more than 1,400 applications with funding requests totaling almost $60 billion. Funding for 51 projects was announced on February 17, 2010. On December 16, 2009, the President signed the Fiscal Year (FY) 2010 Consolidated Appropriations Act, which appropriated $600 million to DOT for National Infrastructure Investments using language that is similar, but not identical to, the language in the Recovery Act authorizing the TIGER Discretionary VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 Grants. DOT is referring to the grants for National Infrastructure Investments as TIGER II Discretionary Grants. The FY 2010 Appropriations Act permits DOT to use up to $35 million of the funds available for TIGER II Discretionary Grants for TIGER II Planning Grants. The TIGER II Discretionary Grant NOFA was published on June 1, 2010 (75 FR 30460), and awards will be announced at the same time as awards made under this NOFA. b. Community Challenge Planning Grants. The FY 2010 Appropriations Act also appropriated $40 million to HUD to establish a Community Challenge Planning Grant Program ‘‘to foster reform and reduce barriers to achieve affordable, economically vital, and sustainable communities.’’ The Community Challenge Planning Grant Program differs from HUD’s Sustainable Communities Regional Planning Grant Program, a $100 million program also created in the FY 2010 Appropriations Act. While the latter program is designed to support regional planning efforts, the Community Challenge Planning Grant Program focuses on individual jurisdictions and more localized planning. HUD will publish a separate NOFA for the Sustainable Communities Regional Planning Grant Program. 2. Available Funds. Up to $75 million, including $40 million for Community Challenge Planning Grants and up to $35 million for TIGER II Planning Grants. 3. Funding Categories. Given the range of planning activities that potential applicants are trying to accomplish, DOT and HUD will support a variety of eligible activities spelled out in Section III.C.1.a–c. 4. Authority. The program was authorized by the Consolidated Appropriations Act, 2010 (Pub. L. 111– 117, approved December 16, 2009). 5. Application of HUD’s General Section. All applicants accessing resources available through HUD’s Community Challenge Planning Grants are subject to the requirements of the General Section to HUD’s FY 2010 NOFAs for discretionary programs. Applicants for such grants should carefully review the requirements described in this NOFA and HUD’s General Section. HUD’s General Section is not applicable to applicants accessing resources available through TIGER II Planning Grants. Full Text Announcement I. Funding Opportunity Description: This notice announces DOT’s and HUD’s intention to offer funding PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 36247 through a competition made available as a NOFA under its Community Challenge and TIGER II Planning Grants. A. The Partnership for Sustainable Communities. This NOFA is being initiated in close coordination between DOT, HUD and the EPA, through the Partnership for Sustainable Communities (the Partnership). The Partnership was conceived to coordinate Federal housing, transportation and environmental investments, protect public health and the environment, promote equitable development, and help address the challenges of climate change. Recognizing the fundamental role that public investment plays in achieving these outcomes, the Administration charged three agencies whose programs most directly impact the physical form of communities—HUD, DOT, and EPA—to lead the way in reshaping the role of the Federal government in helping communities obtain the capacity to embrace a more sustainable future. One of the first acts of the Partnership was to agree to a set of six ‘‘Livability Principles’’ to govern the work of the Partnership and for each of the three agencies to strive to incorporate into their policies and funding programs to the degree possible. In addition, each agency has clear and defined roles: HUD will take the lead in funding, evaluating, and supporting integrated regional planning for sustainable development, and will invest in sustainable housing and community development efforts. DOT will focus on building the capacity of transportation agencies to integrate their planning and investments into broader plans and actions that promote sustainable development, and investing in transportation infrastructure that directly supports sustainable development and livable communities. EPA will provide technical assistance to communities and States to help them implement sustainable community strategies, and develop environmental sustainability metrics and practices. The three agencies have made a commitment to coordinate activities, integrate funding requirements, and adopt a common set of performance metrics for use by grantees. B. Program Goals. 1. To better align Federal programs to support the building of projects that further the six Livability Principles (listed in rating factor 1 below). 2. To remove artificial or bureaucratic barriers among Federal programs and create a more coordinated point of contact for State and local governments building innovative projects that coordinate housing, economic E:\FR\FM\24JNN3.SGM 24JNN3 36248 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES3 development, transportation, and environmental policies and goals. II. Award Information A. Award Size. For both Community Challenge Planning Grants and TIGER II Planning Grants, there is no minimum grant size, but the maximum grant size is $3 million. B. Type of Awards. All awards will be made in the form of Cooperative Agreements. HUD and DOT anticipate having substantial involvement in the work being conducted under this award to ensure the purposes of the grant program are being carried out and that entities are following through on their commitments. This includes making progress in meeting established performance metrics, and ensuring consistency in projects in participating jurisdictions that are funded through other HUD, DOT, and EPA programs so that they are implemented in a manner consistent with the Livability Principles. C. Period of Performance. The period of performance shall not exceed 36 months from the date the funds are obligated. All funds awarded must be obligated by September 30, 2012. D. Statutory Distributional Requirements Only Applicable to TIGER II Funds. This joint notice was developed and is being published in conjunction with the TIGER II Discretionary Grants NOFA. The selection process for TIGER II Planning Grants will be conducted in parallel with the selection process for TIGER II Discretionary Grants, and awards of TIGER II Planning Grants are subject to several distributional requirements under the FY 2010 Appropriations Act. These requirements do not apply to HUD Community Challenge Planning Grants. First, no more than 25 percent of the funds made available for TIGER II Discretionary Grants (or $150 million), including any funding used for TIGER II Planning Grants, may be awarded to projects in a single State. Additionally, not less than $140 million of the funds provided for TIGER II Discretionary Grants, including TIGER II Planning Grants, is to be used for projects located in rural areas. For purposes of this notice, DOT is generally defining ‘‘rural area’’ as any area not in an Urbanized Area, as such term is defined by the Census Bureau1 and will consider a project to be in a 1 For the 2000 Census, the Census Bureau defined an Urbanized Area (UA) as an area that consists of densely settled territory that contains 50,000 or more people. Updated lists of UAs are available on the Census Bureau Web site. Urban Clusters (UCs) will be considered rural areas for purposes of this NOFA. VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 rural area if all or the majority of a project is located in a rural area. Finally, on awarding TIGER II Discretionary Grants, including TIGER II Planning Grants, DOT must take measures to ensure an equitable geographic distribution of grant funds, an appropriate balance in addressing the needs of urban and rural areas, and investment in a variety of transportation modes. TIGER II Discretionary Grants, including TIGER II Planning Grants, may be used for up to 80 percent of the costs of a project; however, applications will be more competitive to the extent they include significant non-Federal financial contributions. The minimum and maximum grant sizes established by the FY 2010 Appropriations Act for TIGER II Discretionary Grants do not apply to TIGER II Planning Grants. III. Eligibility Information A. Eligible Applicants. State and local governments, including U.S. territories, tribal governments, transit agencies, port authorities, metropolitan planning organizations (MPOs), other political subdivisions of State or local governments, and multi-State or multijurisdictional groupings. B. Cost Sharing or Leveraging Resources. For those seeking TIGER II Planning Grants, a 20 percent match is required. DOT will consider any nonFederal funds as a local match for purposes of this program, whether such funds are contributed by the public sector (State or local) or the private sector. However, DOT will not consider funds already expended as a local match. The 20 percent matching requirement does not apply to projects in rural areas. For those seeking HUD Community Challenge Planning Grants, applicants must provide 20 percent of the requested funding amount in leveraged resources in the form of cash and/or verified in-kind contributions or a combination of these sources. In-kind contributions may be in the form of staff time, donated materials, or services. All assistance provided to meet this requirement must be identified by their dollar equivalent based upon accepted salary or regional dollar values. Cash contributions may come from any combination of local, state and/or Federal funds, and/or private and philanthropic contributions dedicated to the express purposes of this proposal. Applicants will receive credit for leveraging or matching resources greater than 20 percent of the requested amount as described in Rating Factor 4. If an applicant does not include the minimum 20 percent leveraged or matched resources with its appropriate PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 supporting documentation, that application will be considered ineligible. C. Other Requirements. 1. Eligible Activities. In order to explain the variety of activities eligible for funding under this joint notice, the activities are described in three groupings: a. TIGER II Planning Grants: Activities related to the planning, preparation, or design of surface transportation projects, including, but not limited to: (1) Highway or bridge projects eligible under Title 23, United States Code; (2) Public transportation projects eligible under Chapter 53 of Title 49, United States Code; (3) Passenger and freight rail transportation projects; and (4) Port infrastructure investments. b. Community Challenge Planning Grants: Activities related to the following: (1) Development of master plans or comprehensive plans that promote affordable housing co-located and/or well-connected with retail and business development and discourage development not aligned with sustainable transportation plans or disaster mitigation analyses; (2) Development and implementation of local, corridor or district plans and strategies that promote livability and sustainability (see the Livability Principles in Section V); (3) Revisions to zoning codes, ordinances, building standards, or other laws to remove barriers and promote sustainable and mixed-use development and to overcome the effects of impediments to fair housing choice in local zoning codes and other land use laws, including form-based codes and inclusionary zoning ordinances to promote accessible, permanently affordable housing that reduces racial and poverty housing concentration and expands fair housing choice for lowincome minorities; (4) Revisions to building codes to promote the energy-efficient rehabilitation of older structures in order to create affordable and healthy housing; (5) Strategies for creating or preserving affordable housing for low-, very low-, and extremely low-income families or individuals in mixedincome, mixed-use neighborhoods along an existing or planned transit corridor; (6) Strategies to bring additional affordable housing to areas that have few affordable housing opportunities and are close to suburban job clusters; and E:\FR\FM\24JNN3.SGM 24JNN3 emcdonald on DSK2BSOYB1PROD with NOTICES3 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices (7) Planning, establishing, and maintaining acquisition funds and/or land banks for development, redevelopment, and revitalization that reserve property for the development of affordable housing within the context of sustainable development c. Combination of TIGER II Planning Grant and Community Challenge Planning Grant activities. There are a variety of projects that may include eligible activities under both the TIGER II Planning Grants and the Community Challenge Planning Grants programs. Rather than have applicants proceed through two separate grant application procedures, this joint NOFA is intended to create one point of entry to Federal resources to support related components of a single project. To illustrate the possible combination of activities, please consider the following examples: (1) Planning activities related to the development of a particular transportation corridor or regional transportation system, that promotes mixed-use, transit-oriented development with an affordable housing component. (2) Planning activities related to the development of a freight corridor that seeks to reduce conflicts with residential areas and with passenger and non-motorized traffic. In this type of project, DOT might fund the transportation planning activities along the corridor, and HUD may fund changes in the zoning code to support appropriate siting of freight facilities and route the freight traffic around town centers, residential areas, and schools. (3) Developing expanded public transportation options, including accessible public transportation and para-transit services for individuals with disabilities, to allow individuals to live in diverse, high opportunity neighborhoods and communities and to commute to areas with greater employment and educational opportunities. DOT and HUD are expecting to award the TIGER II Planning Grants and the Community Challenge Planning Grants for planning activities that ultimately lead to the development of projects that integrate transportation, housing and economic development components. DOT and HUD plan to make joint awards, where appropriate. However, we also expect DOT to make awards for TIGER II Planning Grant activities alone and for HUD to make awards for Community Challenge Planning Grants alone. Applicants may apply for funding from only TIGER II Planning Grants or from only Community Challenge Planning Grants. To the extent that an application has a project that has linked VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 activities and would benefit from funding and associated activities in both DOT and HUD’s programs, applicants should indicate that in their application and the agencies may both award funding to the project, with DOT and HUD each awarding its funds for the eligible activities under its own respective program. However, only one application per project will be accepted (see Threshold Requirements, Section IV.C.). IV. Threshold Requirements Evaluation teams from DOT and HUD will review each pre-application that is received on or prior to the PreApplication Deadline and will be responsible for analyzing whether the pre-application satisfies the following key threshold requirements: A. The project and the applicant are eligible for funding under the TIGER II Planning Grant or Community Challenge Planning Grant program; and B. Local leveraging, or matching funds are committed to support 20 percent or more of the costs of the transportation planning activities to be funded; this requirement is not applicable to transportation planning projects located in rural areas. C. Only one application per project will be accepted for review. An applicant that submits more than one application per project may have some or all of the submissions deemed ineligible. D. Resolution of Outstanding Civil Rights Matters for Applicants for HUD Funding. If you, the applicant: 1. Have received a charge from HUD concerning a systemic violation of the Fair Housing Act or a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a substantially equivalent state or local fair housing law proscribing discrimination based on race, color, religion, sex, national origin, disability or familial status; 2. Are a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging a pattern or practice of discrimination pursuant to 42 U.S.C. 3614(a); 3. Have received a letter of findings identifying systemic noncompliance under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, or Section 109 of the Housing and Community Development Act of 1974; 4. Have received a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of provisions of a state or local law PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 36249 proscribing discrimination in housing based on sexual orientation or gender identity; or 5. Have received a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a state or local law proscribing discrimination in housing based on lawful source of income; and a. The charge, cause determination, lawsuit, or letter of findings referenced in subparagraphs (1), (2), (3), (4), or (5) above has not been resolved to HUD’s satisfaction before the application deadline, then you, the applicant, are ineligible for funding. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline are sufficient to resolve the matter. b. Examples of actions that would normally be considered sufficient to resolve the matter include, but are not limited to: c. Current compliance with a voluntary compliance agreement signed by all the parties; (1) Current compliance with a HUDapproved conciliation agreement signed by all the parties; (2) Current compliance with a conciliation agreement signed by all the parties and approved by the State or local administrative agency with jurisdiction over the matter; (3) Current compliance with a consent order or consent decree; or (4) Current compliance with a final judicial ruling or administrative ruling or decision. V. Application Review Information A. Criteria. 1. Rating Factor 1—Purpose and Outcomes (35 points): An applicant’s score on this rating factor will be based on a clear statement of the existing condition that the proposed project is intended to address and the proposed project’s alignment with the six ‘‘Livability Principles.’’ Applicants that demonstrate that their project aligns well with the Livability Principles and are consistent with any existing region wide plans that consider transportation, economic development, housing, water, and other infrastructure needs and investments will receive a higher score. The Livability Principles are as follows: a. Provide More Transportation Choices. Develop safe, reliable and affordable transportation choices to decrease household transportation costs, reduce energy consumption and dependence on foreign oil, improve air quality, reduce greenhouse gas emissions, and promote public health. E:\FR\FM\24JNN3.SGM 24JNN3 emcdonald on DSK2BSOYB1PROD with NOTICES3 36250 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices b. Promote equitable, affordable housing. Expand location- and energyefficient housing choices for people of all ages, incomes, races, and ethnicities to increase mobility and lower the combined cost of housing and transportation. c. Enhance Economic Competitiveness. Improve economic competitiveness through reliable and timely access to employment centers, educational opportunities, services and other basic needs by workers, as well as expanded business access to markets. d. Support Existing Communities. Target Federal funding toward existing communities—through strategies like transit oriented, mixed-use development, and land recycling—to increase community revitalization and the efficiency of public works investments and safeguard rural landscapes. e. Coordinate Policies and Leverage Investment. Align Federal policies and funding to remove barriers to collaboration, leverage funding, and increase the accountability and effectiveness of all levels of government to plan for future growth, including making smart energy choices such as locally generated renewable energy. f. Value Communities and Neighborhoods. Enhance the unique characteristics of all communities by investing in healthy, safe, and walkable neighborhoods—rural, urban, or suburban. In order for points to be awarded, applicants shall also provide data to support outcomes of the proposed project claimed in the application. Based on the project being proposed, the applicant shall identify the Livability Principle(s) that will be addressed and detail how that success will be documented. For example, if the proposed program intends to expand the presence of equitable, affordable housing, the applicant should provide data to support this claim. As there is a wide range of projects that can be supported through this notice, not every project is expected to address all six Livability Principles. Points will be awarded based on the extent to which the proposed project furthers the specifically identified principles supported with data. The applicant is required to clearly identify the benefits or outcomes of its proposed program. Because this application seeks support to develop a plan for a specific project, all of the outcomes will not be realized during the duration of the grant period. Rather, applicants will be evaluated on their ability to identify the outcomes they seek to achieve, the clarity with which VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 they articulate the elements of their plan that will help achieve those outcomes, and the specificity of the benchmarks that they establish to measure progress toward a completed product that guides all of the necessary work. Applicants that receive awards will be expected to report on the progress of the project and outcomes realized at the mid-way point and at the end of the term of the grant. Where outcomes have been realized, they should be detailed and backed with data. For projects that must go to construction for many benefits to be realized, benchmarks will focus more on the progress of plan development, any changes in the scope of the work that occur during the planning process, and how those changes might impact the anticipated outcomes. For projects that must go to construction for benefits to be realized, benchmarks will focus more on the progress of plan development, any changes in scope that occur, and how those changes might impact the anticipated outcomes. DOT and HUD recognize that each project is unique. As such, the agencies are allowing significant latitude to the applicant to set the desired outcomes that will result from implementation of the project. DOT and HUD have identified six possible outcomes, listed below, from which each applicant must select a minimum of two outcomes that it must pursue and report on during its period of performance. a. Travel changes, such as changes in mode share or vehicle miles traveled per capita. b. Impact on affordability and accessibility, including the supply of affordable housing units, household transportation costs, or proportion of low- and very-low income households within a 30-minute transit commute of major employment centers. c. Economic development, including infill development or recycled parcels of land or private sector investment along a project or corridor. d. Improvement to the state of repair of infrastructure. e. Environmental benefits, such as greenhouse gas or criteria pollutants emissions, oil consumption and recreational areas or open space preserved. f. Increased participation and decision-making in developing and implementing a plan, code, development strategy, or project by populations traditionally marginalized in public planning processes. 2. Rating Factor 2—Work Plan (35 points): An applicant’s score on this rating factor will be based on how well PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 the application addresses the quality and cost effectiveness of the proposed work plan. Applicants must develop a work plan that includes specific deliverables, and measurable, timephased objectives for each major activity. This factor also addresses the performance metrics that will be used to measure the success of the proposed activities. For a proposed project to achieve results, expected outcomes and outputs must be clearly defined, and evaluation must take place to ensure that those outcomes and outputs are met. Outcomes are the ultimate objectives of a project, and outputs are the interim activities or products that lead to the achievement of those objectives. To track progress toward the outputs and outcomes, a project must be evaluated based upon performance measures. Performance measures should be objectively quantifiable, and allow one to assess the degree of actual achievement against the expected outputs and outcomes. Applications that demonstrate how outputs and outcomes are fully defined and easily measured will receive a higher score. The applicant’s budget proposal should thoroughly estimate all applicable costs (direct, indirect, and administrative), and be presented in a clear and coherent format. The applicant must thoroughly document and justify all budget categories, costs, and all major tasks, for the applicant, sub-recipients, joint venture participants, or other contributing resources to the project. 3. Rating Factor 3—Leveraging and Collaboration (15 points): An applicant’s score on this rating factor will be based on how well the application demonstrates the project’s ability to obtain other community, local, State, private, and Federal support, as applicable, and resources that can be combined with DOT and HUD program resources to achieve program objectives. Resources may include cash or in-kind contributions of services, equipment, or supplies allocated to the proposed program. In evaluating this factor, HUD and DOT will consider the extent to which the applicant has established working partnerships with other entities to get additional resources or commitments to increase the effectiveness of the proposed program activities. When evaluating this factor, HUD and DOT will take into account two considerations: the amount of resources leveraged or matched that exceeds the required 20 percent, and per capita income in the applicable jurisdiction relative to the metropolitan average. E:\FR\FM\24JNN3.SGM 24JNN3 emcdonald on DSK2BSOYB1PROD with NOTICES3 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices Data must be provided for the indicator when responding to this rating factor. The 20 percent of leveraged or matched resources that are a threshold requirement will not count as points toward this rating factor. To score points in this rating factor, resources may be provided by governmental entities, public or private organizations, and other entities. Other resources from the private sector or other sources committed to the program that exceed the required 20 percent leveraged or matched resources will be given extra weight for this rating factor. The applicant should provide supporting documentation of all committed funds. Please refer to Section VI., Application and Submission, for more details. 4. Rating Factor 4—Capacity (15 points): An applicant’s score on this rating factor will be based on how well the application demonstrates the applicant’s capacity to successfully implement the proposed activities in a timely manner. The applicant will provide specific examples of previous projects similar to the proposed effort that demonstrate its capacity to implement the proposed work plan. DOT and HUD will give priority to applications that demonstrate the prior experience to bring this type of project(s) that is the subject of the planning activities to completion. Priority will also be given to applications that demonstrate strong collaboration among a broad range of participants, including public, private and nonprofit entities. The applicant shall designate the staff that is anticipated to manage the proposed project, as well as other staff anticipated to contribute to the project’s completion. Ratings under this factor are based on the capacity of the applicant’s organization, and its team, as applicable, and should include an assessment of the capacity of subcontractors, consultants, sub-recipients, community-based organizations, and any other entities that are part of the project application, as applicable. Applicants should be prepared to initiate eligible activities within 120 days of the effective date of the grant award. DOT and HUD reserve the right to terminate the grant if sufficient personnel or qualified experts are not retained within these 120 days. In rating this factor, DOT and HUD will consider, among other factors, the extent to which the application demonstrates that the applicant has an adequate number of key staff or the ability to procure individuals with the knowledge and recent experience in the proposed activity. VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 All applicants for HUD funding are subject to the requirements to Affirmatively Further Fair Housing. HUD will award additional points to applicants that prioritize additional measures to advance civil rights, such as Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency. Applicants should indicate if, and describe how, the following policy priorities will be addressed: (1) Capacity Building and Knowledge Sharing and (2) Expand Cross-Cutting Policy Knowledge. One point will be awarded for each policy priority. Identify specific activities, outputs and outcomes that further these policy priorities over the period of performance. a. Capacity Building and Knowledge Sharing. HUD recognizes that successful program implementation can only occur in partnership with effectively prepared grantees. It is therefore critical to strengthen the capacity of each consortium by developing partnerships that will advance the objectives of proposed programs. HUD’s Strategic Plan emphasizes the importance of strengthening the capacity of state and local partners to implement HUD programs, participate in decisionmaking and planning processes, and coordinate on cross-programmatic, place-based approaches through grant making and technical assistance. To receive policy priority points, applicants are expected to describe how they will achieve the following outcomes: (1) Increase the skills and technical expertise of partner organizations to manage Federal awards, provide solid financial management, and perform program performance assessment and evaluation. The applicant must describe the methods that will be used to achieve this outcome. Examples include inservice trainings, online information provision (e.g., webinars, podcasts, etc.), and structured observation of best practices. According to the proposed methods, the applicant should identify the anticipated outputs (e.g., number of people trained, number of training events, volume of easily accessible training materials for targeted capacities, etc.) during the 3-year period of performance. (2) Share knowledge among partners so that key personnel responsible for grant implementation coordinate crossprogrammatic, placed-based approaches. The applicant must PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 36251 describe the outreach methods that will be used to achieve this outcome. Examples include establishing regular partner dialogues, and structured peer exchange. According to the proposed methods, the applicant should establish and specify the anticipated outputs (e.g., number of meetings, Web postings, number of participating partners, total staff exposed to new learning and promising practice, number of briefings, issuance of monthly fact sheets, etc.) during the 3-year period of performance. HUD will work with grantees to support knowledge sharing and innovation by disseminating best practices, encouraging peer learning, publishing data analysis and research, and helping to incubate and test new ideas. b. Expand Cross-Cutting Policy Knowledge. Broadening the use of successful models to other communities requires definitive evidence of which policies work and how, and a plan for public dissemination of this information. To achieve full points, the applicant must indicate what data they and/or partner organizations will collect on outcomes for the defined target area (e.g., changes in commuting time, improved health outcomes, VMT measures, etc.). The grantee must document a plan to engage credible policy researchers to assist in the analysis of that data in order to measure policy impact, and clarify the extent of data that will be made available to those researchers through a data-sharing agreement. (1) For household-level data, this may be an agreement with a university or other policy research group that regularly produces peer-reviewed research publications. (2) For parcel-related data, this agreement may be with a regional planning, non-profit, or government agency that provides consolidated local data on a regular basis to the public for free. The applicant should specifically describe how they intend to disseminate policy lessons learned during the planning process to a diverse range of potential audiences, including policymakers, other regional consortia, and interested community leadership. The collection method and specific data elements will not be prescribed by HUD, but may be determined by the applicant. The applicant must establish and provide the anticipated outputs within the period of performance. Examples include the number of policy publications, number of research studies, anticipated distribution of findings, etc. B. Evaluation and Selection Process. E:\FR\FM\24JNN3.SGM 24JNN3 36252 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES3 1. Rating and Ranking. Evaluation teams made up of a representative from DOT, HUD, and EPA initially will evaluate each application as to how well it scores against the ‘‘Rating Factors’’ identified below, and will assign it a score on a scale of 1–100. The scoring system will not determine the specific projects that will be selected for funding; rather, the scoring system will be used to generate a list of highly recommended projects. The highly recommended projects will then be forwarded to a senior-level review team for review, and the seniorlevel review team will make funding recommendations to the Secretaries of DOT and HUD, based on how the project performed under the four rating factors, how each project addresses the Program Goals identified in Section I.B, and statutory distributional considerations required in the National Infrastructure Investments provision of the FY 2010 Consolidated Appropriations Act for the DOT Planning Grants. The review teams will include senior-level representatives from the three Partnership for Sustainable Communities agencies: DOT, HUD, and EPA. VI. Application and Submission Information A. Address To Request Application Package. Applications are available on the Federal Web site www.Grants.gov. To find this funding opportunity at Grants.gov, go to http://www.grants.gov/ applicants/find_grant_opportunities.jsp at the www.Grants.gov Web site, where you can search by agency and/or perform a Basic Search. Additional information on applying through Grants.gov is available at http:// www.grants.gov. B. Content and Form of Application Submission. Applicants eligible to apply under this NOFA are to follow the submission requirements described below: 1. Pre-Application. Unless otherwise indicated in this joint notice, applicants should submit pre-applications and applications in accordance with the procedures specified in the TIGER II Discretionary Grant NOFA. To submit an application, please access http:// www.dot.gov/recovery/ost/tigerii/ index.html or http://www.hud.gov/ sustainability. Pre-applications must be submitted by the Pre-Application Deadline, which is July 26, 2010, at 5 p.m. EDT. The pre-application system will be hosted by DOT, on behalf of DOT and HUD, and will open no later than June 23, 2010, to allow prospective applicants to submit pre-applications. Final applications must be submitted VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 through Grants.gov by the Application Deadline, which is August 23, 2010, at 5 p.m. EDT. The Grants.gov ‘‘Apply’’ function will open on July 30, 2010, allowing applicants to submit applications. While applicants are encouraged to submit pre-applications in advance of the Pre-Application Deadline, pre-applications will not be reviewed until after the Pre-Application Deadline. Similarly, while applicants are encouraged to submit applications in advance of the Application Deadline, applications will not be evaluated until after the Application Deadline. Awards will not be made until after September 15, 2010. To apply for funding through Grants.gov, applicants must be properly registered. Complete instructions on how to register and submit applications can be found at www.grants.gov. Please be aware that the registration process usually takes 2–4 weeks and must be completed before an application can be submitted. If interested parties experience difficulties at any point during the registration or application process, please call the toll free Grants.gov Customer Support Hotline at 1–800–518–4726, Monday to Friday from 7 a.m. to 9 p.m. EDT. Applicants must submit a preapplication as Stage 1, which qualifies applicants to submit an application in Stage 2. An application submitted during Stage 2 that does not correlate with a properly completed Stage 1 preapplication will not be considered. 2. Contents of Pre-Applications. An applicant for a TIGER II Planning Grant or a Community Challenge Planning Grant should provide in its preapplication form, all of the information requested below in its pre-application form. DOT and HUD reserve the right to ask any applicant to supplement the data in its pre-application but expect pre-applications to be complete upon submission. Applicants must complete the pre-application form and submit it electronically on or prior to the PreApplication Deadline, in accordance with the instructions specified at http://www.dot.gov/recovery/ost/ TIGERII. The pre-application form must include the following information: a. Name of applicant (if the application is to be submitted by more than one entity, a lead applicant must be identified); b. Applicant’s DUNS (Data Universal Numbering System) number; c. Type of applicant (State government, local government, U.S. territory, Tribal government, transit agency, port authority, metropolitan planning organization, or other unit of government); PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 d. State(s) where the project is located; e. County(s) where the project is located; f. City(s) where the project is located; g. Zip code(s) where the project is located; h. Project title (descriptive); i. Project type: specify eligible activities proposed for funding, such as transportation planning activity, site area plan, corridor plan, land assembly or acquisition, etc.; j. Project description: describe the project in plain English terms that would be generally understood by the public, using no more than 50 words; this should be purely descriptive, not a discussion of the project’s benefits, background, or alignment with the selection criteria in this description; k. Total cost of the project; l. Total amount of TIGER II Planning Grant and Community Challenge Planning Grant funds requested; m. Contact name, telephone number, email address, and physical address of the applicant; n. Type of jurisdiction where the project is located (urban or rural); and o. An assurance that local matching funds are committed to support 20 percent or more of any transportation planning activities to be funded. (This requirement does not apply to projects located in rural areas). 3. Applications. An application for a TIGER II Planning Grant or a Community Challenge Planning Grant should include all of the information requested below. DOT and HUD reserve the right to ask any applicant to supplement the data in its application, but expect applications to be complete upon submission. a. Standard Form SF–424, Application for Federal Assistance. Please see www07.grants.gov/assets/ SF424Instructions.pdf for instructions on how to complete the SF–424, which is part of the standard Grants.gov submission. Additional clarifying guidance and Frequently Asked Questions (FAQs) to assist applicants in completing the SF–424 will be available at http://www.dot.gov/recovery/ost/ TIGERII by July 30, 2010, when the ‘‘Apply’’ function within Grants.gov opens to accept applications under this notice. b. In Responding to the First and Second Rating Factor. (Attachment to SF–424). A TIGER II Planning Grant and HUD Community Challenge Grant application must include information required for DOT and HUD to assess each of the rating factors specified in Section III (Application Review and Rating Factors). Applicants are E:\FR\FM\24JNN3.SGM 24JNN3 emcdonald on DSK2BSOYB1PROD with NOTICES3 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices encouraged to demonstrate the responsiveness of a project to any and all of the rating factors with the most relevant information that applicants can provide, regardless of whether such information has been specifically requested, or identified, in this notice. In order to fulfill the requirements of the first rating factor, an applicant must: (1) Submit a narrative describing how the applicant will use the funding sought to achieve its desired outcomes and how the desired outcomes support the six Livability Principles. The narrative should also state the problems or barriers the project seeks to address, why they are an impediment to promoting a more sustainable future for the applicant community, and the outcomes the project seeks to achieve. (2) Submit data supporting any assertions made about the expected outcomes, as well as the nature and the extent of the problems or barriers the project seeks to remove. In responding to the second rating factor, applicants must provide a narrative to discuss their project outcomes, outputs, and performance measures. Applicants should also identify important milestones (e.g., the end of specific phases in a multiphase project), which should also be clearly indicated in the proposal timeline. Applicants should also identify potential obstacles in meeting outcomes and outputs and related performance measures and discuss steps they would take to respond to these obstacles. Finally, applicants should describe how project evaluation information will be obtained, documented, and reported. Applicants should submit a work plan that includes the following: (1) Proposed Activities. Briefly describe the overall activity you propose to undertake, including any coordinated components that will not be directly funded under the TIGER II Planning Grant Program or the Community Challenge Planning Grant Program. Describe the regional or local significance of the project and whether it is a part of a comprehensive regional plan. Include public outreach and participation activities, including minority and disadvantaged populations. (2) Uses of Funds/Budget. Indicate how you will use the grant funds you are seeking by providing a list or table showing the amount of funds budgeted for each activity you will undertake to achieve your desired result. Indicate the entity responsible for each use and activity, including any elected bodies or bodies appointed by elected officials. Specify administrative costs. VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 (3) Project Completion Schedule. Briefly describe the project completion schedule, including milestones in each month for the critical management actions for you and any other entity whose cooperation or assistance is necessary to achieve your desired result, including the end dates of each required action and your expected metrics and results. (4) Performance Measures. List the performance measures you will use to evaluate the success of your project or activity, as well as the benchmarks you expect to reach during the term of the grant and a timeline for reaching them. c. In Responding to the Third Rating Factor. Applicants will not receive full points if they do not submit evidence of a firm commitment and the appropriate use of leveraged or matched resources under the grant program. Such evidence must be provided in the form of letters of firm commitment, memoranda of understanding, or other signed agreements to participate from those entities identified as partners in the application. Each letter of commitment, memorandum of understanding, or agreement to participate should include the organization’s name, the proposed level of commitment, and the organization’s responsibilities as they relate to the proposed project. The commitment must be signed and dated by an official of the organization legally able to make commitments on behalf of the organization. Applicants should describe how they will ensure that commitments to sub-grantees will be honored and executed, contingent upon an award from DOT or HUD. (1) Applicants must support each source of contributions, cash or in-kind, both for the required minimum and additional amounts, by a letter of commitment from the contributing entity, whether a public or private source. The letter must describe the contributed resources that you will use in the program and their designated purpose. Staff in-kind contributions should be given a monetary value based on the local market value of the staff skills. If you do not provide letters from contributors specifying details and the amount of the actual contributions, those contributions will not be counted. d. In Responding to the Fourth Rating Factor. DOT and HUD will consider how the applicant entity is organized and how it will function in implementing the grant. The application should include a description of the leadership responsibilities and procedures for allocating resources, setting goals, and settling disputes. It should also include an explanation of the capacity and relevant, recent PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 36253 experience of the applicant entity. The application should also include a description of the applicant’s experience in outreach efforts involving low-income persons, particularly those living in revitalization areas where funds are proposed to be used, residents of public housing, minorities, socially and economically disadvantaged individuals, non-English speaking persons, and persons with disabilities. Applicants should demonstrate that they either have sufficient personnel or the ability to procure qualified experts or professionals, with the knowledge, skills, and abilities with relevant experience to carry out the proposed activity. Contact information is requested as part of the SF–424. This information will be used in order to inform parties of the selection of projects for funding, as well as to contact parties in the event additional information is needed. e. Page Limit. Applications should be limited to a total of 15 pages. HUD and DOT will not refer to Web sites for information pertinent to the narrative response. All applications should include a detailed description of the proposed project and geospatial data for the project, including a map of the area to be planned and where other work will occur. C. Submission Dates and Times. All pre-applications must be submitted in accordance with the instructions specified at http://www.dot.gov/ recovery/ost/TIGERII. The preapplication system will be hosted by DOT, on behalf of DOT and HUD. Final applications must be submitted electronically through Grants.gov. Preapplications are due by July 26, 2010, at 5 p.m. EDT, and applications must be submitted by August 23, 2010, at 5 p.m. EDT. D. Funding Restrictions. Applicants should also be aware that DOT is accepting applications for capital expenditures associated with surface transportation projects in the TIGER II Discretionary Grant notice (Docket No. DOT–OST–2010–0076). As part of that program, applicants may request planning funds associated with their capital request. If DOT awards planning funding to an applicant to the TIGER II Discretionary Grant program, the funding available through this notice will be lessened by that amount. Further, DOT has the option to use less than the $35 million permitted in the statute and may do so based on distributional requirements or the need to fund highly recommended capital grant applications. E:\FR\FM\24JNN3.SGM 24JNN3 36254 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES3 VII. Award Administration Information A. Award Notices. 1. Applicants Selected for Award. Projects selected for a TIGER II Planning Grant will be administered by one of DOT’s modal administrations, pursuant to a grant agreement between the TIGER II Planning Grant recipient and the DOT modal administration. HUD awardees will be required to negotiate a final statement of work and will enter into a Cooperative Agreement with HUD. The Cooperative Agreement will also contain an agreed upon Logic Model identifying specific activities and performance criteria to be reported against over a period of time. HUD grantees must meet the requirements contained in the General Section to HUD’s FY 2010 Funding Notices. 2. Adjustment of Funding. DOT and HUD reserve the right to fund less than the full amount requested in an application based on the availability of funds, geographic diversity, and to ensure that the maximum number of grants may be made. 3. HUD grant recipients must comply with applicable Federal requirements, including compliance with the Fair Housing and Civil Rights Laws applicable to all Federal awards. B. Administrative and National Policy Requirements. 1. Environmental Requirements. All applicants that are proposing to use grant funds for land acquisition must comply with HUD’s environmental procedures. In accordance with 24 CFR 50.19(b)(1), (9), and (16), all other eligible activities assisted by HUD funds under this NOFA are categorically excluded from environmental review under the National Environmental Policy Act of 1969 and are not subject to environmental review under the related laws and authorities. For applicants requesting grant funds for transportation planning, NEPA is not typically triggered (and even if triggered, categorical exclusions typically exist). However, if any projects planned with funding under this NOFA move to the construction phase and Federal funds are later sought for construction, all appropriate NEPA analyses will need to be completed prior to any Federal expenditures. Under HUD’s environmental procedures, for those applications involving land acquisition activities requiring environmental review, the notification of award to a selected applicant will constitute a preliminary approval by HUD, subject to the completion of an environmental review of the proposed site(s), and the execution by HUD and the recipient of VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 a Grant Agreement. Selection for participation (preliminary approval) does not constitute approval of the proposed site(s). Each proposal will be subject to a HUD environmental review, in accordance with 24 CFR part 50, and the proposal may be modified or the proposed sites rejected as a result of that review. Submission of an application involving a project requiring an environmental review will constitute an assurance that the applicant shall assist HUD in complying with 24 CFR part 50 and shall: (1) Supply HUD with all available, relevant information necessary for HUD to perform for each property any environmental review required by 24 CFR part 50; (2) Carry out mitigating measures required by HUD or select alternate eligible property; and (3) Not acquire, rehabilitate, demolish, convert, lease, repair, or construct property, nor commit or expend HUD or local funds for these program activities with respect to any eligible property, until HUD approval of the property is received. For assistance, contact the HUD Environmental Review Officer in the HUD Field Office serving your area. Contact information is requested as part of the SF–424. DOT will use this information to inform parties of DOT’s decision regarding selection of projects, as well as to contact parties in the event that DOT needs additional information about an application. 2. Administrative and Indirect Cost Requirements. For reference to the Administrative Cost requirements and Indirect cost requirements, please see OMB Circulars A–21, A–87, and A–122, as applicable. C. Reporting Requirements. HUD Award Agreements will include the terms and conditions of the award including the reporting requirements. 1. Final Work Plan and Logic Model. Final work plan and completed Logic Model are due 60 days after the effective date of the grant agreement. See the General Section for detailed information on the use of the ‘‘Master’’ eLogic Model. 2. Successful applicants will be required to submit bi-annual and final program reports according to the requirements of the award agreement. Your bi-annual and final report must include a completed Logic Model, form HUD–96010, approved and incorporated into your award agreement, showing specific outputs and outcome results against those proposed and accepted as part of your approved grant agreement. PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 3. Financial reporting requirements include, but are not limited to, the submission of the financial status report, SF–425, bi-annually. VIII. Other Information A. Compliance with Fair Housing and Civil Rights Laws and Affirmatively Furthering Fair Housing for Community Challenge Planning Grant Applicants Fair Housing and Civil Rights Laws: 1. With the exception of Federally recognized Indian tribes and their instrumentalities, applicants and their sub-recipients must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105 (a), including, but not limited to, the Fair Housing Act, Title VI of the Civil Rights Act of 1964, and the Rehabilitation Act of 1973. 2. If you are a federally recognized Indian tribe, you must comply with the nondiscrimination provisions enumerated at 24 CFR 1000.12, as applicable. See the General Section for further instructions on this requirement. 3. Affirmatively Furthering Fair Housing: Section 808(e)(5) of the Fair Housing Act imposes a duty on HUD to affirmatively further the purposes of the Fair Housing Act in its housing and urban development programs. This obligation further applies generally to recipients of HUD funds, including those awarded and announced under HUD’s FY 2010 funding notices. Your application must include a discussion on how your proposed plans affirmatively further fair housing; applications that include specific activities and outcomes that address this requirement will be rated higher. Applicants for Community Challenge Planning Grants that are tribal governments are not subject to the affirmatively furthering fair housing submission requirement in the General Section. B. Additional Environmental Requirements. A Finding of No Significant Impact (FONSI) with respect to the environment has been made for this NOFA in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available for public inspection between 8 a.m. and 5 p.m. weekdays in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410–0500. Due to security measures at the HUD Headquarters building, an advance appointment to review the FONSI must E:\FR\FM\24JNN3.SGM 24JNN3 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices be scheduled by calling the Regulations Division at 202–708–3055 (this is not a toll-free number). Dated: June 18, 2010. Ray LaHood, Secretary, Department of Transportation. Shaun Donovan, Secretary, Department of Housing and Urban Development. [FR Doc. 2010–15353 Filed 6–21–10; 4:15 pm] emcdonald on DSK2BSOYB1PROD with NOTICES3 BILLING CODE 4210–67–P VerDate Mar<15>2010 17:29 Jun 23, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4701 Sfmt 9990 E:\FR\FM\24JNN3.SGM 24JNN3 36255

Agencies

[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Notices]
[Pages 36246-36255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15353]



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Part V





Department of Health and Human Services

Department of Transportation





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Notice of Funding Availability for the Department of Housing and Urban 
Development's Community Challenge Planning Grants and the Department of 
Transportation's TIGER II Planning Grants; Notice

Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / 
Notices

[[Page 36246]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

DEPARTMENT OF TRANSPORTATION

[Docket No. FR-5415-N-12]


Notice of Funding Availability for the Department of Housing and 
Urban Development's Community Challenge Planning Grants and the 
Department of Transportation's TIGER II Planning Grants

AGENCY: Office of Sustainable Housing and Communities, Office of the 
Deputy Secretary, HUD; and Office of the Secretary, DOT.

ACTION: Notice of Funding Availability (NOFA).

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SUMMARY: This notice announces the availability of funding and requests 
proposals for the Department of Housing and Urban Development's 
(``HUD's'') Community Challenge Planning Grants (``Community Challenge 
Planning Grants'') in conjunction with a portion of the Department of 
Transportation's (``DOT's'') National Infrastructure Investments Grants 
that can be used for transportation planning grants.
    On December 16, 2009, the President signed the Consolidated 
Appropriations Act, 2010 (Pub. L. 111-117) that provided $40 million 
for HUD's Community Challenge Planning Grants and up to $35 million for 
DOT's transportation planning grants to be awarded as part of the 
National Infrastructure Investments program. The National 
Infrastructure Investments program is similar, but not identical to, 
the Transportation Investment Generating Economic Recovery, or ``TIGER 
Discretionary Grant Program.'' Because of the similarity in program 
structure, DOT is referring to the grants for National Infrastructure 
Investments under the FY 2010 Appropriations Act as ``TIGER II 
Discretionary Grants'' and the transportation planning grants as 
``TIGER II Planning Grants.''
    HUD's $40 million Community Challenge Planning Grant Program will 
foster reform and reduce barriers to achieving affordable, economically 
vital, and sustainable communities. Such efforts may include amending 
or replacing local master plans, zoning codes, and building codes, 
either on a jurisdiction-wide basis or in a specific neighborhood, 
district, corridor, or sector to promote mixed-use development, 
affordable housing, the reuse of older buildings and structures for new 
purposes, and similar activities with the goal of promoting 
sustainability at the local or neighborhood level. HUD's Community 
Challenge Planning Grant Program also supports the development of 
affordable housing through the development and adoption of inclusionary 
zoning ordinances and other activities such as acquisition of land for 
affordable housing projects.
    The Community Challenge Planning Grant Program differs from HUD's 
Sustainable Communities Regional Planning Grant Program, a $100 million 
program also created in the FY2010 Appropriations Act. While the latter 
program is designed to support regional planning efforts, the Community 
Challenge Planning Grant Program focuses on individual jurisdictions 
and more localized planning. HUD will publish a separate NOFA for the 
Sustainable Communities Regional Planning Grant Program.
    DOT is authorized to use up to $35 million of the funds available 
for TIGER II Discretionary Grants for TIGER II Planning Grants to fund 
the planning, preparation, or design of surface transportation projects 
that would be eligible for funding under the TIGER II Discretionary 
Grant program.
    DOT and HUD have decided to issue this NOFA jointly in order to 
better align transportation, housing, economic development, and land 
use planning and to improve linkages between DOT and HUD's programs. 
HUD's funding is designed to target housing, economic development, and 
land use planning strategies that will increase the efficiency and 
effectiveness of a related transportation project being planned. 
Therefore, DOT and HUD believe this joint effort has the potential to 
encourage and reward more holistic planning efforts that result in 
better projects being built with Federal dollars. The effort is also 
consistent with the Obama Administration's priority on removing 
artificial barriers between Federal programs and barriers to State and 
local governmental level innovation.
    On April 26, 2010 (75 FR 21695), DOT published an interim notice 
announcing the availability of funding for TIGER II Discretionary 
Grants. Because the TIGER II Discretionary Grant program is a new 
program, the interim notice requested comments on the proposed 
selection criteria and guidance for awarding TIGER II Discretionary 
Grants. In the interim notice, DOT specifically requested comments on 
its intention to conduct a multi-agency evaluation and award process 
with HUD for the Community Challenge Planning Grants and the TIGER II 
Planning Grants. DOT indicated that this multi-agency approach for the 
planning grants would be consistent with DOT and HUD's participation in 
the ``Partnership for Sustainable Communities'' with the U.S. 
Environmental Protection Agency (``EPA'') to help American families in 
all communities--rural, suburban and urban--gain better access to 
affordable housing, more transportation options, lower transportation 
costs, and a cleaner environment. HUD and DOT have considered the 
comments that were submitted in accordance with the interim notice and 
decided to conduct a multi-agency evaluation and award process. The 
details of this multi-agency planning grant program, including 
information about eligibility, selection criteria, and pre-application 
and application requirements are included in this joint notice. The 
final notice for the TIGER II Discretionary Grant program (the ``TIGER 
II Discretionary Grant NOFA'') was published on June 1, 2010 (75 FR 
30460). Interested parties are encouraged to review the TIGER II 
Discretionary Grant NOFA for more information about that program.

DATES: Pre-applications are due by July 26, 2010, at 5 p.m. EDT, and 
applications must be submitted by August 23, 2010, at 5 p.m. EDT. Only 
pre-applications received and applications received through Grants.gov 
will be deemed properly filed. Instructions for submitting pre-
applications and applications are included in Section VI.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice please contact the TIGER II Discretionary Grant program 
manager via e-mail at TIGERIIGrants@dot.gov, or call Robert Mariner at 
202-366-8914 (this is not a toll-free number). A TDD is available for 
individuals who are deaf or hearing-impaired, at 202-366-3993 (this is 
not a toll-free number). In addition, DOT will regularly post answers 
to questions and requests for clarifications on DOT's Web site at 
http://www.dot.gov/recovery/ost/TIGERII. Questions regarding HUD's 
Community Challenge Planning Grant Program should be directed to 
sustainablecommunities@hud.gov or may be submitted through the http://www.hud.gov/sustainability Web site. HUD's contact person is Zuleika K. 
Morales-Romero, Office of Sustainable Housing and Communities, 451 
Seventh Street, SW., Washington, DC 20410-3000, telephone number 202-
402-7683 (this is not a toll-free number) facsimile 202-708-0465, or e-
mail: zuleika.k.morales@hud.gov. For the hearing- or speech-impaired, 
contact the above telephone number via TTY by dialing the toll-free 
Federal Information Relay Service at 1-800-877-8339.

[[Page 36247]]


SUPPLEMENTARY INFORMATION: 

Table of Contents

Overview Information
Full Text Announcement
I. Funding Opportunity Description
II. Award Information
III. Eligibility Information
IV. Threshold Requirements
V. Application Review Information
VI. Application and Submission Information
VII. Award Administration Information
VIII. Other Information

Overview Information

    A. Federal Agency Name: Office of Sustainable Housing and 
Communities, Office of the Deputy Secretary, HUD; and Office of the 
Secretary, DOT.
    B. Funding Opportunity Title: Community Challenge and 
Transportation Planning Grants.
    C. Funding Opportunity Number: The funding opportunity number is 
FR-5415-N-12. Community Challenge and Transportation Planning Grant. 
The OMB Approval Number is 2501-0025.
    D. Catalog of Federal Domestic Assistance (CFDA) Number: The 
Catalog of Federal Domestic Assistance (CFDA) numbers for the HUD 
Community Challenge and DOT TIGER II Planning Grant are 14.704 and 
20.933, respectively.
    E. Additional Overview Information:
    1. Background.
    a. TIGER II Planning Grants.
    On February 17, 2009, the President signed the American Recovery 
and Reinvestment Act of 2009 (Pub. L. 111-05) (Recovery Act), which 
appropriated $1.5 billion of discretionary grant funds to be awarded by 
DOT for capital investments in surface transportation infrastructure. 
DOT refers to these grants as Grants for Transportation Investment 
Generating Economic Recovery or ``TIGER Discretionary Grants.'' DOT 
solicited applications for TIGER Discretionary Grants through a notice 
of funding availability published in the Federal Register on June 17, 
2009 (74 FR 28775) (an interim notice was published on May 18, 2009 (74 
FR 23226)). Applications for TIGER Discretionary Grants were due on 
September 15, 2009, and DOT received more than 1,400 applications with 
funding requests totaling almost $60 billion. Funding for 51 projects 
was announced on February 17, 2010.
    On December 16, 2009, the President signed the Fiscal Year (FY) 
2010 Consolidated Appropriations Act, which appropriated $600 million 
to DOT for National Infrastructure Investments using language that is 
similar, but not identical to, the language in the Recovery Act 
authorizing the TIGER Discretionary Grants. DOT is referring to the 
grants for National Infrastructure Investments as TIGER II 
Discretionary Grants. The FY 2010 Appropriations Act permits DOT to use 
up to $35 million of the funds available for TIGER II Discretionary 
Grants for TIGER II Planning Grants. The TIGER II Discretionary Grant 
NOFA was published on June 1, 2010 (75 FR 30460), and awards will be 
announced at the same time as awards made under this NOFA.
    b. Community Challenge Planning Grants.
    The FY 2010 Appropriations Act also appropriated $40 million to HUD 
to establish a Community Challenge Planning Grant Program ``to foster 
reform and reduce barriers to achieve affordable, economically vital, 
and sustainable communities.'' The Community Challenge Planning Grant 
Program differs from HUD's Sustainable Communities Regional Planning 
Grant Program, a $100 million program also created in the FY 2010 
Appropriations Act. While the latter program is designed to support 
regional planning efforts, the Community Challenge Planning Grant 
Program focuses on individual jurisdictions and more localized 
planning. HUD will publish a separate NOFA for the Sustainable 
Communities Regional Planning Grant Program.
    2. Available Funds. Up to $75 million, including $40 million for 
Community Challenge Planning Grants and up to $35 million for TIGER II 
Planning Grants.
    3. Funding Categories. Given the range of planning activities that 
potential applicants are trying to accomplish, DOT and HUD will support 
a variety of eligible activities spelled out in Section III.C.1.a-c.
    4. Authority. The program was authorized by the Consolidated 
Appropriations Act, 2010 (Pub. L. 111-117, approved December 16, 2009).
    5. Application of HUD's General Section. All applicants accessing 
resources available through HUD's Community Challenge Planning Grants 
are subject to the requirements of the General Section to HUD's FY 2010 
NOFAs for discretionary programs. Applicants for such grants should 
carefully review the requirements described in this NOFA and HUD's 
General Section. HUD's General Section is not applicable to applicants 
accessing resources available through TIGER II Planning Grants.

Full Text Announcement

    I. Funding Opportunity Description: This notice announces DOT's and 
HUD's intention to offer funding through a competition made available 
as a NOFA under its Community Challenge and TIGER II Planning Grants.
    A. The Partnership for Sustainable Communities. This NOFA is being 
initiated in close coordination between DOT, HUD and the EPA, through 
the Partnership for Sustainable Communities (the Partnership).
    The Partnership was conceived to coordinate Federal housing, 
transportation and environmental investments, protect public health and 
the environment, promote equitable development, and help address the 
challenges of climate change. Recognizing the fundamental role that 
public investment plays in achieving these outcomes, the Administration 
charged three agencies whose programs most directly impact the physical 
form of communities--HUD, DOT, and EPA--to lead the way in reshaping 
the role of the Federal government in helping communities obtain the 
capacity to embrace a more sustainable future.
    One of the first acts of the Partnership was to agree to a set of 
six ``Livability Principles'' to govern the work of the Partnership and 
for each of the three agencies to strive to incorporate into their 
policies and funding programs to the degree possible. In addition, each 
agency has clear and defined roles: HUD will take the lead in funding, 
evaluating, and supporting integrated regional planning for sustainable 
development, and will invest in sustainable housing and community 
development efforts. DOT will focus on building the capacity of 
transportation agencies to integrate their planning and investments 
into broader plans and actions that promote sustainable development, 
and investing in transportation infrastructure that directly supports 
sustainable development and livable communities. EPA will provide 
technical assistance to communities and States to help them implement 
sustainable community strategies, and develop environmental 
sustainability metrics and practices. The three agencies have made a 
commitment to coordinate activities, integrate funding requirements, 
and adopt a common set of performance metrics for use by grantees.
    B. Program Goals.
    1. To better align Federal programs to support the building of 
projects that further the six Livability Principles (listed in rating 
factor 1 below).
    2. To remove artificial or bureaucratic barriers among Federal 
programs and create a more coordinated point of contact for State and 
local governments building innovative projects that coordinate housing, 
economic

[[Page 36248]]

development, transportation, and environmental policies and goals.

II. Award Information

    A. Award Size. For both Community Challenge Planning Grants and 
TIGER II Planning Grants, there is no minimum grant size, but the 
maximum grant size is $3 million.
    B. Type of Awards. All awards will be made in the form of 
Cooperative Agreements. HUD and DOT anticipate having substantial 
involvement in the work being conducted under this award to ensure the 
purposes of the grant program are being carried out and that entities 
are following through on their commitments. This includes making 
progress in meeting established performance metrics, and ensuring 
consistency in projects in participating jurisdictions that are funded 
through other HUD, DOT, and EPA programs so that they are implemented 
in a manner consistent with the Livability Principles.
    C. Period of Performance. The period of performance shall not 
exceed 36 months from the date the funds are obligated. All funds 
awarded must be obligated by September 30, 2012.
    D. Statutory Distributional Requirements Only Applicable to TIGER 
II Funds. This joint notice was developed and is being published in 
conjunction with the TIGER II Discretionary Grants NOFA. The selection 
process for TIGER II Planning Grants will be conducted in parallel with 
the selection process for TIGER II Discretionary Grants, and awards of 
TIGER II Planning Grants are subject to several distributional 
requirements under the FY 2010 Appropriations Act. These requirements 
do not apply to HUD Community Challenge Planning Grants. First, no more 
than 25 percent of the funds made available for TIGER II Discretionary 
Grants (or $150 million), including any funding used for TIGER II 
Planning Grants, may be awarded to projects in a single State. 
Additionally, not less than $140 million of the funds provided for 
TIGER II Discretionary Grants, including TIGER II Planning Grants, is 
to be used for projects located in rural areas. For purposes of this 
notice, DOT is generally defining ``rural area'' as any area not in an 
Urbanized Area, as such term is defined by the Census Bureau\1\ and 
will consider a project to be in a rural area if all or the majority of 
a project is located in a rural area. Finally, on awarding TIGER II 
Discretionary Grants, including TIGER II Planning Grants, DOT must take 
measures to ensure an equitable geographic distribution of grant funds, 
an appropriate balance in addressing the needs of urban and rural 
areas, and investment in a variety of transportation modes.
---------------------------------------------------------------------------

    \1\ For the 2000 Census, the Census Bureau defined an Urbanized 
Area (UA) as an area that consists of densely settled territory that 
contains 50,000 or more people. Updated lists of UAs are available 
on the Census Bureau Web site. Urban Clusters (UCs) will be 
considered rural areas for purposes of this NOFA.
---------------------------------------------------------------------------

    TIGER II Discretionary Grants, including TIGER II Planning Grants, 
may be used for up to 80 percent of the costs of a project; however, 
applications will be more competitive to the extent they include 
significant non-Federal financial contributions. The minimum and 
maximum grant sizes established by the FY 2010 Appropriations Act for 
TIGER II Discretionary Grants do not apply to TIGER II Planning Grants.

III. Eligibility Information

    A. Eligible Applicants. State and local governments, including U.S. 
territories, tribal governments, transit agencies, port authorities, 
metropolitan planning organizations (MPOs), other political 
subdivisions of State or local governments, and multi-State or 
multijurisdictional groupings.
    B. Cost Sharing or Leveraging Resources. For those seeking TIGER II 
Planning Grants, a 20 percent match is required. DOT will consider any 
non-Federal funds as a local match for purposes of this program, 
whether such funds are contributed by the public sector (State or 
local) or the private sector. However, DOT will not consider funds 
already expended as a local match. The 20 percent matching requirement 
does not apply to projects in rural areas. For those seeking HUD 
Community Challenge Planning Grants, applicants must provide 20 percent 
of the requested funding amount in leveraged resources in the form of 
cash and/or verified in-kind contributions or a combination of these 
sources. In-kind contributions may be in the form of staff time, 
donated materials, or services. All assistance provided to meet this 
requirement must be identified by their dollar equivalent based upon 
accepted salary or regional dollar values. Cash contributions may come 
from any combination of local, state and/or Federal funds, and/or 
private and philanthropic contributions dedicated to the express 
purposes of this proposal.
    Applicants will receive credit for leveraging or matching resources 
greater than 20 percent of the requested amount as described in Rating 
Factor 4. If an applicant does not include the minimum 20 percent 
leveraged or matched resources with its appropriate supporting 
documentation, that application will be considered ineligible.
    C. Other Requirements.
    1. Eligible Activities. In order to explain the variety of 
activities eligible for funding under this joint notice, the activities 
are described in three groupings:
    a. TIGER II Planning Grants: Activities related to the planning, 
preparation, or design of surface transportation projects, including, 
but not limited to:
    (1) Highway or bridge projects eligible under Title 23, United 
States Code;
    (2) Public transportation projects eligible under Chapter 53 of 
Title 49, United States Code;
    (3) Passenger and freight rail transportation projects; and
    (4) Port infrastructure investments.
    b. Community Challenge Planning Grants: Activities related to the 
following:
    (1) Development of master plans or comprehensive plans that promote 
affordable housing co-located and/or well-connected with retail and 
business development and discourage development not aligned with 
sustainable transportation plans or disaster mitigation analyses;
    (2) Development and implementation of local, corridor or district 
plans and strategies that promote livability and sustainability (see 
the Livability Principles in Section V);
    (3) Revisions to zoning codes, ordinances, building standards, or 
other laws to remove barriers and promote sustainable and mixed-use 
development and to overcome the effects of impediments to fair housing 
choice in local zoning codes and other land use laws, including form-
based codes and inclusionary zoning ordinances to promote accessible, 
permanently affordable housing that reduces racial and poverty housing 
concentration and expands fair housing choice for low-income 
minorities;
    (4) Revisions to building codes to promote the energy-efficient 
rehabilitation of older structures in order to create affordable and 
healthy housing;
    (5) Strategies for creating or preserving affordable housing for 
low-, very low-, and extremely low-income families or individuals in 
mixed-income, mixed-use neighborhoods along an existing or planned 
transit corridor;
    (6) Strategies to bring additional affordable housing to areas that 
have few affordable housing opportunities and are close to suburban job 
clusters; and

[[Page 36249]]

    (7) Planning, establishing, and maintaining acquisition funds and/
or land banks for development, redevelopment, and revitalization that 
reserve property for the development of affordable housing within the 
context of sustainable development
    c. Combination of TIGER II Planning Grant and Community Challenge 
Planning Grant activities. There are a variety of projects that may 
include eligible activities under both the TIGER II Planning Grants and 
the Community Challenge Planning Grants programs. Rather than have 
applicants proceed through two separate grant application procedures, 
this joint NOFA is intended to create one point of entry to Federal 
resources to support related components of a single project. To 
illustrate the possible combination of activities, please consider the 
following examples:
    (1) Planning activities related to the development of a particular 
transportation corridor or regional transportation system, that 
promotes mixed-use, transit-oriented development with an affordable 
housing component.
    (2) Planning activities related to the development of a freight 
corridor that seeks to reduce conflicts with residential areas and with 
passenger and non-motorized traffic. In this type of project, DOT might 
fund the transportation planning activities along the corridor, and HUD 
may fund changes in the zoning code to support appropriate siting of 
freight facilities and route the freight traffic around town centers, 
residential areas, and schools.
    (3) Developing expanded public transportation options, including 
accessible public transportation and para-transit services for 
individuals with disabilities, to allow individuals to live in diverse, 
high opportunity neighborhoods and communities and to commute to areas 
with greater employment and educational opportunities.
    DOT and HUD are expecting to award the TIGER II Planning Grants and 
the Community Challenge Planning Grants for planning activities that 
ultimately lead to the development of projects that integrate 
transportation, housing and economic development components.
    DOT and HUD plan to make joint awards, where appropriate. However, 
we also expect DOT to make awards for TIGER II Planning Grant 
activities alone and for HUD to make awards for Community Challenge 
Planning Grants alone. Applicants may apply for funding from only TIGER 
II Planning Grants or from only Community Challenge Planning Grants. To 
the extent that an application has a project that has linked activities 
and would benefit from funding and associated activities in both DOT 
and HUD's programs, applicants should indicate that in their 
application and the agencies may both award funding to the project, 
with DOT and HUD each awarding its funds for the eligible activities 
under its own respective program. However, only one application per 
project will be accepted (see Threshold Requirements, Section IV.C.).

IV. Threshold Requirements

    Evaluation teams from DOT and HUD will review each pre-application 
that is received on or prior to the Pre-Application Deadline and will 
be responsible for analyzing whether the pre-application satisfies the 
following key threshold requirements:
    A. The project and the applicant are eligible for funding under the 
TIGER II Planning Grant or Community Challenge Planning Grant program; 
and
    B. Local leveraging, or matching funds are committed to support 20 
percent or more of the costs of the transportation planning activities 
to be funded; this requirement is not applicable to transportation 
planning projects located in rural areas.
    C. Only one application per project will be accepted for review. An 
applicant that submits more than one application per project may have 
some or all of the submissions deemed ineligible.
    D. Resolution of Outstanding Civil Rights Matters for Applicants 
for HUD Funding. If you, the applicant:
    1. Have received a charge from HUD concerning a systemic violation 
of the Fair Housing Act or a cause determination from a substantially 
equivalent state or local fair housing agency concerning a systemic 
violation of a substantially equivalent state or local fair housing law 
proscribing discrimination based on race, color, religion, sex, 
national origin, disability or familial status;
    2. Are a defendant in a Fair Housing Act lawsuit filed by the 
Department of Justice alleging a pattern or practice of discrimination 
pursuant to 42 U.S.C. 3614(a);
    3. Have received a letter of findings identifying systemic 
noncompliance under Title VI of the Civil Rights Act of 1964, Section 
504 of the Rehabilitation Act of 1973, or Section 109 of the Housing 
and Community Development Act of 1974;
    4. Have received a cause determination from a substantially 
equivalent state or local fair housing agency concerning a systemic 
violation of provisions of a state or local law proscribing 
discrimination in housing based on sexual orientation or gender 
identity; or
    5. Have received a cause determination from a substantially 
equivalent state or local fair housing agency concerning a systemic 
violation of a state or local law proscribing discrimination in housing 
based on lawful source of income; and
    a. The charge, cause determination, lawsuit, or letter of findings 
referenced in subparagraphs (1), (2), (3), (4), or (5) above has not 
been resolved to HUD's satisfaction before the application deadline, 
then you, the applicant, are ineligible for funding. HUD will determine 
if actions to resolve the charge, cause determination, lawsuit, or 
letter of findings taken before the application deadline are sufficient 
to resolve the matter.
    b. Examples of actions that would normally be considered sufficient 
to resolve the matter include, but are not limited to:
    c. Current compliance with a voluntary compliance agreement signed 
by all the parties;
    (1) Current compliance with a HUD-approved conciliation agreement 
signed by all the parties;
    (2) Current compliance with a conciliation agreement signed by all 
the parties and approved by the State or local administrative agency 
with jurisdiction over the matter;
    (3) Current compliance with a consent order or consent decree; or
    (4) Current compliance with a final judicial ruling or 
administrative ruling or decision.

V. Application Review Information

    A. Criteria.
    1. Rating Factor 1--Purpose and Outcomes (35 points): An 
applicant's score on this rating factor will be based on a clear 
statement of the existing condition that the proposed project is 
intended to address and the proposed project's alignment with the six 
``Livability Principles.'' Applicants that demonstrate that their 
project aligns well with the Livability Principles and are consistent 
with any existing region wide plans that consider transportation, 
economic development, housing, water, and other infrastructure needs 
and investments will receive a higher score. The Livability Principles 
are as follows:
    a. Provide More Transportation Choices. Develop safe, reliable and 
affordable transportation choices to decrease household transportation 
costs, reduce energy consumption and dependence on foreign oil, improve 
air quality, reduce greenhouse gas emissions, and promote public 
health.

[[Page 36250]]

    b. Promote equitable, affordable housing. Expand location- and 
energy-efficient housing choices for people of all ages, incomes, 
races, and ethnicities to increase mobility and lower the combined cost 
of housing and transportation.
    c. Enhance Economic Competitiveness. Improve economic 
competitiveness through reliable and timely access to employment 
centers, educational opportunities, services and other basic needs by 
workers, as well as expanded business access to markets.
    d. Support Existing Communities. Target Federal funding toward 
existing communities--through strategies like transit oriented, mixed-
use development, and land recycling--to increase community 
revitalization and the efficiency of public works investments and 
safeguard rural landscapes.
    e. Coordinate Policies and Leverage Investment. Align Federal 
policies and funding to remove barriers to collaboration, leverage 
funding, and increase the accountability and effectiveness of all 
levels of government to plan for future growth, including making smart 
energy choices such as locally generated renewable energy.
    f. Value Communities and Neighborhoods. Enhance the unique 
characteristics of all communities by investing in healthy, safe, and 
walkable neighborhoods--rural, urban, or suburban.
    In order for points to be awarded, applicants shall also provide 
data to support outcomes of the proposed project claimed in the 
application. Based on the project being proposed, the applicant shall 
identify the Livability Principle(s) that will be addressed and detail 
how that success will be documented. For example, if the proposed 
program intends to expand the presence of equitable, affordable 
housing, the applicant should provide data to support this claim.
    As there is a wide range of projects that can be supported through 
this notice, not every project is expected to address all six 
Livability Principles. Points will be awarded based on the extent to 
which the proposed project furthers the specifically identified 
principles supported with data.
    The applicant is required to clearly identify the benefits or 
outcomes of its proposed program. Because this application seeks 
support to develop a plan for a specific project, all of the outcomes 
will not be realized during the duration of the grant period. Rather, 
applicants will be evaluated on their ability to identify the outcomes 
they seek to achieve, the clarity with which they articulate the 
elements of their plan that will help achieve those outcomes, and the 
specificity of the benchmarks that they establish to measure progress 
toward a completed product that guides all of the necessary work.
    Applicants that receive awards will be expected to report on the 
progress of the project and outcomes realized at the mid-way point and 
at the end of the term of the grant. Where outcomes have been realized, 
they should be detailed and backed with data. For projects that must go 
to construction for many benefits to be realized, benchmarks will focus 
more on the progress of plan development, any changes in the scope of 
the work that occur during the planning process, and how those changes 
might impact the anticipated outcomes.
    For projects that must go to construction for benefits to be 
realized, benchmarks will focus more on the progress of plan 
development, any changes in scope that occur, and how those changes 
might impact the anticipated outcomes.
    DOT and HUD recognize that each project is unique. As such, the 
agencies are allowing significant latitude to the applicant to set the 
desired outcomes that will result from implementation of the project. 
DOT and HUD have identified six possible outcomes, listed below, from 
which each applicant must select a minimum of two outcomes that it must 
pursue and report on during its period of performance.
    a. Travel changes, such as changes in mode share or vehicle miles 
traveled per capita.
    b. Impact on affordability and accessibility, including the supply 
of affordable housing units, household transportation costs, or 
proportion of low- and very-low income households within a 30-minute 
transit commute of major employment centers.
    c. Economic development, including infill development or recycled 
parcels of land or private sector investment along a project or 
corridor.
    d. Improvement to the state of repair of infrastructure.
    e. Environmental benefits, such as greenhouse gas or criteria 
pollutants emissions, oil consumption and recreational areas or open 
space preserved.
    f. Increased participation and decision-making in developing and 
implementing a plan, code, development strategy, or project by 
populations traditionally marginalized in public planning processes.
    2. Rating Factor 2--Work Plan (35 points): An applicant's score on 
this rating factor will be based on how well the application addresses 
the quality and cost effectiveness of the proposed work plan. 
Applicants must develop a work plan that includes specific 
deliverables, and measurable, time-phased objectives for each major 
activity.
    This factor also addresses the performance metrics that will be 
used to measure the success of the proposed activities. For a proposed 
project to achieve results, expected outcomes and outputs must be 
clearly defined, and evaluation must take place to ensure that those 
outcomes and outputs are met. Outcomes are the ultimate objectives of a 
project, and outputs are the interim activities or products that lead 
to the achievement of those objectives. To track progress toward the 
outputs and outcomes, a project must be evaluated based upon 
performance measures. Performance measures should be objectively 
quantifiable, and allow one to assess the degree of actual achievement 
against the expected outputs and outcomes. Applications that 
demonstrate how outputs and outcomes are fully defined and easily 
measured will receive a higher score.
    The applicant's budget proposal should thoroughly estimate all 
applicable costs (direct, indirect, and administrative), and be 
presented in a clear and coherent format. The applicant must thoroughly 
document and justify all budget categories, costs, and all major tasks, 
for the applicant, sub-recipients, joint venture participants, or other 
contributing resources to the project.
    3. Rating Factor 3--Leveraging and Collaboration (15 points): An 
applicant's score on this rating factor will be based on how well the 
application demonstrates the project's ability to obtain other 
community, local, State, private, and Federal support, as applicable, 
and resources that can be combined with DOT and HUD program resources 
to achieve program objectives. Resources may include cash or in-kind 
contributions of services, equipment, or supplies allocated to the 
proposed program. In evaluating this factor, HUD and DOT will consider 
the extent to which the applicant has established working partnerships 
with other entities to get additional resources or commitments to 
increase the effectiveness of the proposed program activities.
    When evaluating this factor, HUD and DOT will take into account two 
considerations: the amount of resources leveraged or matched that 
exceeds the required 20 percent, and per capita income in the 
applicable jurisdiction relative to the metropolitan average.

[[Page 36251]]

Data must be provided for the indicator when responding to this rating 
factor. The 20 percent of leveraged or matched resources that are a 
threshold requirement will not count as points toward this rating 
factor. To score points in this rating factor, resources may be 
provided by governmental entities, public or private organizations, and 
other entities. Other resources from the private sector or other 
sources committed to the program that exceed the required 20 percent 
leveraged or matched resources will be given extra weight for this 
rating factor. The applicant should provide supporting documentation of 
all committed funds. Please refer to Section VI., Application and 
Submission, for more details.
    4. Rating Factor 4--Capacity (15 points): An applicant's score on 
this rating factor will be based on how well the application 
demonstrates the applicant's capacity to successfully implement the 
proposed activities in a timely manner. The applicant will provide 
specific examples of previous projects similar to the proposed effort 
that demonstrate its capacity to implement the proposed work plan. DOT 
and HUD will give priority to applications that demonstrate the prior 
experience to bring this type of project(s) that is the subject of the 
planning activities to completion. Priority will also be given to 
applications that demonstrate strong collaboration among a broad range 
of participants, including public, private and nonprofit entities.
    The applicant shall designate the staff that is anticipated to 
manage the proposed project, as well as other staff anticipated to 
contribute to the project's completion. Ratings under this factor are 
based on the capacity of the applicant's organization, and its team, as 
applicable, and should include an assessment of the capacity of sub-
contractors, consultants, sub-recipients, community-based 
organizations, and any other entities that are part of the project 
application, as applicable.
    Applicants should be prepared to initiate eligible activities 
within 120 days of the effective date of the grant award. DOT and HUD 
reserve the right to terminate the grant if sufficient personnel or 
qualified experts are not retained within these 120 days. In rating 
this factor, DOT and HUD will consider, among other factors, the extent 
to which the application demonstrates that the applicant has an 
adequate number of key staff or the ability to procure individuals with 
the knowledge and recent experience in the proposed activity.
    All applicants for HUD funding are subject to the requirements to 
Affirmatively Further Fair Housing. HUD will award additional points to 
applicants that prioritize additional measures to advance civil rights, 
such as Executive Order 12898, Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, and 
Executive Order 13166, Improving Access to Services for Persons with 
Limited English Proficiency.
    Applicants should indicate if, and describe how, the following 
policy priorities will be addressed: (1) Capacity Building and 
Knowledge Sharing and (2) Expand Cross-Cutting Policy Knowledge. One 
point will be awarded for each policy priority. Identify specific 
activities, outputs and outcomes that further these policy priorities 
over the period of performance.
    a. Capacity Building and Knowledge Sharing.
    HUD recognizes that successful program implementation can only 
occur in partnership with effectively prepared grantees. It is 
therefore critical to strengthen the capacity of each consortium by 
developing partnerships that will advance the objectives of proposed 
programs. HUD's Strategic Plan emphasizes the importance of 
strengthening the capacity of state and local partners to implement HUD 
programs, participate in decision-making and planning processes, and 
coordinate on cross-programmatic, place-based approaches through grant 
making and technical assistance. To receive policy priority points, 
applicants are expected to describe how they will achieve the following 
outcomes:
    (1) Increase the skills and technical expertise of partner 
organizations to manage Federal awards, provide solid financial 
management, and perform program performance assessment and evaluation. 
The applicant must describe the methods that will be used to achieve 
this outcome. Examples include in-service trainings, online information 
provision (e.g., webinars, podcasts, etc.), and structured observation 
of best practices. According to the proposed methods, the applicant 
should identify the anticipated outputs (e.g., number of people 
trained, number of training events, volume of easily accessible 
training materials for targeted capacities, etc.) during the 3-year 
period of performance.
    (2) Share knowledge among partners so that key personnel 
responsible for grant implementation coordinate cross-programmatic, 
placed-based approaches. The applicant must describe the outreach 
methods that will be used to achieve this outcome. Examples include 
establishing regular partner dialogues, and structured peer exchange. 
According to the proposed methods, the applicant should establish and 
specify the anticipated outputs (e.g., number of meetings, Web 
postings, number of participating partners, total staff exposed to new 
learning and promising practice, number of briefings, issuance of 
monthly fact sheets, etc.) during the 3-year period of performance. HUD 
will work with grantees to support knowledge sharing and innovation by 
disseminating best practices, encouraging peer learning, publishing 
data analysis and research, and helping to incubate and test new ideas.
    b. Expand Cross-Cutting Policy Knowledge.
    Broadening the use of successful models to other communities 
requires definitive evidence of which policies work and how, and a plan 
for public dissemination of this information.
    To achieve full points, the applicant must indicate what data they 
and/or partner organizations will collect on outcomes for the defined 
target area (e.g., changes in commuting time, improved health outcomes, 
VMT measures, etc.). The grantee must document a plan to engage 
credible policy researchers to assist in the analysis of that data in 
order to measure policy impact, and clarify the extent of data that 
will be made available to those researchers through a data-sharing 
agreement.
    (1) For household-level data, this may be an agreement with a 
university or other policy research group that regularly produces peer-
reviewed research publications.
    (2) For parcel-related data, this agreement may be with a regional 
planning, non-profit, or government agency that provides consolidated 
local data on a regular basis to the public for free.
    The applicant should specifically describe how they intend to 
disseminate policy lessons learned during the planning process to a 
diverse range of potential audiences, including policymakers, other 
regional consortia, and interested community leadership. The collection 
method and specific data elements will not be prescribed by HUD, but 
may be determined by the applicant.
    The applicant must establish and provide the anticipated outputs 
within the period of performance. Examples include the number of policy 
publications, number of research studies, anticipated distribution of 
findings, etc.
    B. Evaluation and Selection Process.

[[Page 36252]]

    1. Rating and Ranking.
    Evaluation teams made up of a representative from DOT, HUD, and EPA 
initially will evaluate each application as to how well it scores 
against the ``Rating Factors'' identified below, and will assign it a 
score on a scale of 1-100. The scoring system will not determine the 
specific projects that will be selected for funding; rather, the 
scoring system will be used to generate a list of highly recommended 
projects. The highly recommended projects will then be forwarded to a 
senior-level review team for review, and the senior-level review team 
will make funding recommendations to the Secretaries of DOT and HUD, 
based on how the project performed under the four rating factors, how 
each project addresses the Program Goals identified in Section I.B, and 
statutory distributional considerations required in the National 
Infrastructure Investments provision of the FY 2010 Consolidated 
Appropriations Act for the DOT Planning Grants. The review teams will 
include senior-level representatives from the three Partnership for 
Sustainable Communities agencies: DOT, HUD, and EPA.

VI. Application and Submission Information

    A. Address To Request Application Package. Applications are 
available on the Federal Web site www.Grants.gov. To find this funding 
opportunity at Grants.gov, go to http://www.grants.gov/applicants/find_grant_opportunities.jsp at the www.Grants.gov Web site, where 
you can search by agency and/or perform a Basic Search. Additional 
information on applying through Grants.gov is available at http://www.grants.gov.
    B. Content and Form of Application Submission. Applicants eligible 
to apply under this NOFA are to follow the submission requirements 
described below:
    1. Pre-Application. Unless otherwise indicated in this joint 
notice, applicants should submit pre-applications and applications in 
accordance with the procedures specified in the TIGER II Discretionary 
Grant NOFA. To submit an application, please access http://www.dot.gov/recovery/ost/tigerii/index.html or http://www.hud.gov/sustainability. 
Pre-applications must be submitted by the Pre-Application Deadline, 
which is July 26, 2010, at 5 p.m. EDT. The pre-application system will 
be hosted by DOT, on behalf of DOT and HUD, and will open no later than 
June 23, 2010, to allow prospective applicants to submit pre-
applications. Final applications must be submitted through Grants.gov 
by the Application Deadline, which is August 23, 2010, at 5 p.m. EDT. 
The Grants.gov ``Apply'' function will open on July 30, 2010, allowing 
applicants to submit applications. While applicants are encouraged to 
submit pre-applications in advance of the Pre-Application Deadline, 
pre-applications will not be reviewed until after the Pre-Application 
Deadline. Similarly, while applicants are encouraged to submit 
applications in advance of the Application Deadline, applications will 
not be evaluated until after the Application Deadline. Awards will not 
be made until after September 15, 2010.
    To apply for funding through Grants.gov, applicants must be 
properly registered. Complete instructions on how to register and 
submit applications can be found at www.grants.gov. Please be aware 
that the registration process usually takes 2-4 weeks and must be 
completed before an application can be submitted. If interested parties 
experience difficulties at any point during the registration or 
application process, please call the toll free Grants.gov Customer 
Support Hotline at 1-800-518-4726, Monday to Friday from 7 a.m. to 9 
p.m. EDT.
    Applicants must submit a pre-application as Stage 1, which 
qualifies applicants to submit an application in Stage 2. An 
application submitted during Stage 2 that does not correlate with a 
properly completed Stage 1 pre-application will not be considered.
    2. Contents of Pre-Applications. An applicant for a TIGER II 
Planning Grant or a Community Challenge Planning Grant should provide 
in its pre-application form, all of the information requested below in 
its pre-application form. DOT and HUD reserve the right to ask any 
applicant to supplement the data in its pre-application but expect pre-
applications to be complete upon submission. Applicants must complete 
the pre-application form and submit it electronically on or prior to 
the Pre-Application Deadline, in accordance with the instructions 
specified at  http://www.dot.gov/recovery/ost/TIGERII. The pre-
application form must include the following information:
    a. Name of applicant (if the application is to be submitted by more 
than one entity, a lead applicant must be identified);
    b. Applicant's DUNS (Data Universal Numbering System) number;
    c. Type of applicant (State government, local government, U.S. 
territory, Tribal government, transit agency, port authority, 
metropolitan planning organization, or other unit of government);
    d. State(s) where the project is located;
    e. County(s) where the project is located;
    f. City(s) where the project is located;
    g. Zip code(s) where the project is located;
    h. Project title (descriptive);
    i. Project type: specify eligible activities proposed for funding, 
such as transportation planning activity, site area plan, corridor 
plan, land assembly or acquisition, etc.;
    j. Project description: describe the project in plain English terms 
that would be generally understood by the public, using no more than 50 
words; this should be purely descriptive, not a discussion of the 
project's benefits, background, or alignment with the selection 
criteria in this description;
    k. Total cost of the project;
    l. Total amount of TIGER II Planning Grant and Community Challenge 
Planning Grant funds requested;
    m. Contact name, telephone number, email address, and physical 
address of the applicant;
    n. Type of jurisdiction where the project is located (urban or 
rural); and
    o. An assurance that local matching funds are committed to support 
20 percent or more of any transportation planning activities to be 
funded. (This requirement does not apply to projects located in rural 
areas).
    3. Applications. An application for a TIGER II Planning Grant or a 
Community Challenge Planning Grant should include all of the 
information requested below. DOT and HUD reserve the right to ask any 
applicant to supplement the data in its application, but expect 
applications to be complete upon submission.
    a. Standard Form SF-424, Application for Federal Assistance. Please 
see www07.grants.gov/assets/SF424Instructions.pdf for instructions on 
how to complete the SF-424, which is part of the standard Grants.gov 
submission. Additional clarifying guidance and Frequently Asked 
Questions (FAQs) to assist applicants in completing the SF-424 will be 
available at http://www.dot.gov/recovery/ost/TIGERII by July 30, 2010, 
when the ``Apply'' function within Grants.gov opens to accept 
applications under this notice.
    b. In Responding to the First and Second Rating Factor. (Attachment 
to SF-424). A TIGER II Planning Grant and HUD Community Challenge Grant 
application must include information required for DOT and HUD to assess 
each of the rating factors specified in Section III (Application Review 
and Rating Factors). Applicants are

[[Page 36253]]

encouraged to demonstrate the responsiveness of a project to any and 
all of the rating factors with the most relevant information that 
applicants can provide, regardless of whether such information has been 
specifically requested, or identified, in this notice.
    In order to fulfill the requirements of the first rating factor, an 
applicant must:
    (1) Submit a narrative describing how the applicant will use the 
funding sought to achieve its desired outcomes and how the desired 
outcomes support the six Livability Principles. The narrative should 
also state the problems or barriers the project seeks to address, why 
they are an impediment to promoting a more sustainable future for the 
applicant community, and the outcomes the project seeks to achieve.
    (2) Submit data supporting any assertions made about the expected 
outcomes, as well as the nature and the extent of the problems or 
barriers the project seeks to remove.
    In responding to the second rating factor, applicants must provide 
a narrative to discuss their project outcomes, outputs, and performance 
measures. Applicants should also identify important milestones (e.g., 
the end of specific phases in a multiphase project), which should also 
be clearly indicated in the proposal timeline. Applicants should also 
identify potential obstacles in meeting outcomes and outputs and 
related performance measures and discuss steps they would take to 
respond to these obstacles. Finally, applicants should describe how 
project evaluation information will be obtained, documented, and 
reported.
    Applicants should submit a work plan that includes the following:
    (1) Proposed Activities. Briefly describe the overall activity you 
propose to undertake, including any coordinated components that will 
not be directly funded under the TIGER II Planning Grant Program or the 
Community Challenge Planning Grant Program. Describe the regional or 
local significance of the project and whether it is a part of a 
comprehensive regional plan. Include public outreach and participation 
activities, including minority and disadvantaged populations.
    (2) Uses of Funds/Budget. Indicate how you will use the grant funds 
you are seeking by providing a list or table showing the amount of 
funds budgeted for each activity you will undertake to achieve your 
desired result. Indicate the entity responsible for each use and 
activity, including any elected bodies or bodies appointed by elected 
officials. Specify administrative costs.
    (3) Project Completion Schedule. Briefly describe the project 
completion schedule, including milestones in each month for the 
critical management actions for you and any other entity whose 
cooperation or assistance is necessary to achieve your desired result, 
including the end dates of each required action and your expected 
metrics and results.
    (4) Performance Measures. List the performance measures you will 
use to evaluate the success of your project or activity, as well as the 
benchmarks you expect to reach during the term of the grant and a 
timeline for reaching them.
    c. In Responding to the Third Rating Factor. Applicants will not 
receive full points if they do not submit evidence of a firm commitment 
and the appropriate use of leveraged or matched resources under the 
grant program. Such evidence must be provided in the form of letters of 
firm commitment, memoranda of understanding, or other signed agreements 
to participate from those entities identified as partners in the 
application. Each letter of commitment, memorandum of understanding, or 
agreement to participate should include the organization's name, the 
proposed level of commitment, and the organization's responsibilities 
as they relate to the proposed project. The commitment must be signed 
and dated by an official of the organization legally able to make 
commitments on behalf of the organization. Applicants should describe 
how they will ensure that commitments to sub-grantees will be honored 
and executed, contingent upon an award from DOT or HUD.
    (1) Applicants must support each source of contributions, cash or 
in-kind, both for the required minimum and additional amounts, by a 
letter of commitment from the contributing entity, whether a public or 
private source. The letter must describe the contributed resources that 
you will use in the program and their designated purpose. Staff in-kind 
contributions should be given a monetary value based on the local 
market value of the staff skills. If you do not provide letters from 
contributors specifying details and the amount of the actual 
contributions, those contributions will not be counted.
    d. In Responding to the Fourth Rating Factor. DOT and HUD will 
consider how the applicant entity is organized and how it will function 
in implementing the grant. The application should include a description 
of the leadership responsibilities and procedures for allocating 
resources, setting goals, and settling disputes. It should also include 
an explanation of the capacity and relevant, recent experience of the 
applicant entity. The application should also include a description of 
the applicant's experience in outreach efforts involving low-income 
persons, particularly those living in revitalization areas where funds 
are proposed to be used, residents of public housing, minorities, 
socially and economically disadvantaged individuals, non-English 
speaking persons, and persons with disabilities.
    Applicants should demonstrate that they either have sufficient 
personnel or the ability to procure qualified experts or professionals, 
with the knowledge, skills, and abilities with relevant experience to 
carry out the proposed activity.
    Contact information is requested as part of the SF-424. This 
information will be used in order to inform parties of the selection of 
projects for funding, as well as to contact parties in the event 
additional information is needed.
    e. Page Limit. Applications should be limited to a total of 15 
pages. HUD and DOT will not refer to Web sites for information 
pertinent to the narrative response. All applications should include a 
detailed description of the proposed project and geospatial data for 
the project, including a map of the area to be planned and where other 
work will occur.
    C. Submission Dates and Times. All pre-applications must be 
submitted in accordance with the instructions specified at http://www.dot.gov/recovery/ost/TIGERII. The pre-application system will be 
hosted by DOT, on behalf of DOT and HUD. Final applications must be 
submitted electronically through Grants.gov. Pre-applications are due 
by July 26, 2010, at 5 p.m. EDT, and applications must be submitted by 
August 23, 2010, at 5 p.m. EDT.
    D. Funding Restrictions. Applicants should also be aware that DOT 
is accepting applications for capital expenditures associated with 
surface transportation projects in the TIGER II Discretionary Grant 
notice (Docket No. DOT-OST-2010-0076). As part of that program, 
applicants may request planning funds associated with their capital 
request. If DOT awards planning funding to an applicant to the TIGER II 
Discretionary Grant program, the funding available through this notice 
will be lessened by that amount. Further, DOT has the option to use 
less than the $35 million permitted in the statute and may do so based 
on distributional requirements or the need to fund highly recommended 
capital grant applications.

[[Page 36254]]

VII. Award Administration Information

    A. Award Notices.
    1. Applicants Selected for Award. Projects selected for a TIGER II 
Planning Grant will be administered by one of DOT's modal 
administrations, pursuant to a grant agreement between the TIGER II 
Planning Grant recipient and the DOT modal administration.
    HUD awardees will be required to negotiate a final statement of 
work and will enter into a Cooperative Agreement with HUD. The 
Cooperative Agreement will also contain an agreed upon Logic Model 
identifying specific activities and performance criteria to be reported 
against over a period of time. HUD grantees must meet the requirements 
contained in the General Section to HUD's FY 2010 Funding Notices.
    2. Adjustment of Funding. DOT and HUD reserve the right to fund 
less than the full amount requested in an application based on the 
availability of funds, geographic diversity, and to ensure that the 
maximum number of grants may be made.
    3. HUD grant recipients must comply with applicable Federal 
requirements, including compliance with the Fair Housing and Civil 
Rights Laws applicable to all Federal awards.
    B. Administrative and National Policy Requirements.
    1. Environmental Requirements. All applicants that are proposing to 
use grant funds for land acquisition must comply with HUD's 
environmental procedures. In accordance with 24 CFR 50.19(b)(1), (9), 
and (16), all other eligible activities assisted by HUD funds under 
this NOFA are categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 and are not subject to 
environmental review under the related laws and authorities. For 
applicants requesting grant funds for transportation planning, NEPA is 
not typically triggered (and even if triggered, categorical exclusions 
typically exist). However, if any projects planned with funding under 
this NOFA move to the construction phase and Federal funds are later 
sought for construction, all appropriate NEPA analyses will need to be 
completed prior to any Federal expenditures.
    Under HUD's environmental procedures, for those applications 
involving land acquisition activities requiring environmental review, 
the notification of award to a selected applicant will constitute a 
preliminary approval by HUD, subject to the completion of an 
environmental review of the proposed site(s), and the execution by HUD 
and the recipient of a Grant Agreement. Selection for participation 
(preliminary approval) does not constitute approval of the proposed 
site(s). Each proposal will be subject to a HUD environmental review, 
in accordance with 24 CFR part 50, and the proposal may be modified or 
the proposed sites rejected as a result of that review.
    Submission of an application involving a project requiring an 
environmental review will constitute an assurance that the applicant 
shall assist HUD in complying with 24 CFR part 50 and shall:
    (1) Supply HUD with all available, relevant information necessary 
for HUD to perform for each property any environmental review required 
by 24 CFR part 50;
    (2) Carry out mitigating measures required by HUD or select 
alternate eligible property; and
    (3) Not acquire, rehabilitate, demolish, convert, lease, repair, or 
construct property, nor commit or expend HUD or local funds for these 
program activities with respect to any eligible property, until HUD 
approval of the property is received.
    For assistance, contact the HUD Environmental Review Officer in the 
HUD Field Office serving your area.
    Contact information is requested as part of the SF-424. DOT will 
use this information to inform parties of DOT's decision regarding 
selection of projects, as well as to contact parties in the event that 
DOT needs additional information about an application.
    2. Administrative and Indirect Cost Requirements. For reference to 
the Administrative Cost requirements and Indirect cost requirements, 
please see OMB Circulars A-21, A-87, and A-122, as applicable.
    C. Reporting Requirements. HUD Award Agreements will include the 
terms and conditions of the award including the reporting requirements.
    1. Final Work Plan and Logic Model. Final work plan and completed 
Logic Model are due 60 days after the effective date of the gr