Notice of Funding Opportunity for the Department of Transportation's National Infrastructure Investments Under the Consolidated Appropriations Act, 2016, 9935-9944 [2016-04217]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary of Transportation

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9935-9944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04217]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation


Notice of Funding Opportunity for the Department of 
Transportation's National Infrastructure Investments Under the 
Consolidated Appropriations Act, 2016

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: The Consolidated Appropriations Act, 2016 (Pub. L. 114-113, 
December 18, 2015) (``FY 2016 Appropriations Act'' or the ``Act'') 
appropriated $500 million to be awarded by the Department of 
Transportation (``DOT'' or the ``Department'') for National 
Infrastructure Investments. This appropriation is similar, but not 
identical, to the program funded and implemented pursuant to the 
American Recovery and Reinvestment Act of 2009 (the ``Recovery Act'') 
known as the Transportation Investment Generating Economic Recovery, or 
``TIGER Discretionary Grants,'' program. Because of the similarity in 
program structure, DOT will continue to refer to the program as ``TIGER 
Discretionary Grants.'' Funds for the FY 2016 TIGER program (``TIGER FY 
2016'') are to be awarded on a competitive basis for projects that will 
have a significant impact on the Nation, a metropolitan area, or a 
region. The purpose of this final notice is to solicit applications for 
TIGER Discretionary Grants.

DATES: Applications must be submitted by 8:00 p.m. EDT on April 29, 
2016.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the TIGER Discretionary Grants program 
staff via email at TIGERGrants@dot.gov, or call Howard Hill at 202-366-
0301. A TDD is available for individuals who are deaf or hard of 
hearing at 202-366-3993. In addition, DOT will regularly post answers 
to questions and requests for clarifications as well as information 
about webinars for further guidance on DOT's Web site at 
www.transportation.gov/TIGER.

SUPPLEMENTARY INFORMATION: This notice is substantially similar to the 
final notice published for the TIGER Discretionary Grants program in 
the Federal Register on April 3, 2015 (80 FR 18283) for fiscal year 
2015 funds. However, unlike that round of TIGER Discretionary Grants, 
this year a pre-application is not required to enhance efficiency of 
review. In addition, this round of TIGER Discretionary Grants reduces 
the minimum grant to $5 million from $10 million for urban areas and 
maximum grant to $100 million from $200 million, as specified in the FY 
2016 Appropriations Act. Additionally, the FY 2016 Appropriations Act 
extends the amount of time that 2016 TIGER funds are available for 
obligation by one additional year, to expire September 30, 2019. Each 
section of this notice contains information and instructions relevant 
to the application process for these TIGER Discretionary Grants, and 
all applicants should read this notice in its entirety so that they 
have the information they need to submit eligible and competitive 
applications.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

    Since the TIGER Discretionary Grants program was first created, 
$4.6 billion has been awarded for capital investments in surface 
transportation infrastructure over seven rounds of competitive grants. 
The TIGER Discretionary Grants program seeks to award projects that 
advance DOT's strategic goals for the nation's transportation system 
found in DOT's Strategic Plan for FY 2014-FY 2018 (https://www.transportation.gov/policy-initiatives/draft-dot-strategic-plan-fy-2014-2018). Section E, Application Review Information, of this notice 
describes the TIGER Discretionary Grants selection criteria based on 
these goals. Please see DOT's Web site at www.transportation.gov/TIGER 
for background on previous rounds of TIGER Discretionary Grants.
    Throughout the TIGER program, TIGER Discretionary Grants awards 
have supported innovative projects, including multimodal and

[[Page 9936]]

multijurisdictional projects which are difficult to fund through 
traditional Federal programs. Successful TIGER projects leverage 
resources, encourage partnership, catalyze investment and growth, fill 
a critical void in the transportation system or provide a substantial 
benefit to the nation, region or metropolitan area in which the project 
is located. The FY 2016 TIGER program will continue to make 
transformative surface transportation investments that dramatically 
improve the status quo by providing significant and measurable 
improvements over existing conditions. Transformative improvements 
anchor broad and long-lasting, positive changes in economic 
development, safety, quality of life, environmental sustainability, or 
state of good repair. Because each TIGER project is unique, applicants 
are encouraged to present, in measurable terms, how TIGER investment 
will lead to transformative change(s) in their community.
    The FY 2016 TIGER program will fund transformative projects of all 
eligible types, including projects that promote Ladders of Opportunity, 
to the extent permitted by law. The FY 2014 TIGER and FY 2015 TIGER 
programs gave consideration to projects that sought to improve access 
to reliable, safe, and affordable transportation for disconnected 
communities in urban, suburban, and rural areas. This included, but was 
not limited to, capital projects that better connected people to jobs, 
removed physical barriers to access, and strengthened communities 
through neighborhood redevelopment. The FY 2015 and 2016 TIGER programs 
clearly identify this concept as Ladders of Opportunity. Ladders of 
Opportunity projects may increase connectivity to employment, 
education, services and other opportunities; support workforce 
development; or contribute to community revitalization, particularly 
for disadvantaged groups: Low income groups, persons with visible and 
hidden disabilities, elderly individuals, and minority persons and 
populations.

B. Federal Award Information

    The FY 2016 Appropriations Act appropriated $500 million to be 
awarded by DOT for the TIGER Discretionary Grants program. The FY 2016 
TIGER Discretionary Grants are for capital investments in surface 
transportation infrastructure and are to be awarded on a competitive 
basis for projects that will have a significant impact on the Nation, a 
metropolitan area, or a region. The Act also allows DOT to use a small 
portion of the $500 million for oversight and administration of grants 
and credit assistance made under the TIGER Discretionary Grants 
program. If this solicitation does not result in the award and 
obligation of all available funds, DOT may publish additional 
solicitations.
    The FY 2016 Appropriations Act specifies that TIGER Discretionary 
Grants may not be less than $5 million and not greater than $100 
million, except that for projects located in rural areas (as defined in 
Section C.3) the minimum TIGER Discretionary Grant size is $1 million.
    Pursuant to the FY 2016 Appropriations Act, no more than 20 percent 
of the funds made available for TIGER Discretionary Grants (or $100 
million) may be awarded to projects in a single State. The Act also 
directs that not less than 20 percent of the funds provided for TIGER 
Discretionary Grants (or $100 million) shall be used for projects 
located in rural areas. Further, 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.
    The FY 2016 Appropriations Act requires that FY 2016 TIGER funds 
are only available for obligation through September 30, 2019. 
Obligation occurs when a selected applicant and DOT enter into a 
written grant agreement and is generally after the applicant has 
satisfied applicable administrative requirements, including 
transportation planning and environmental review requirements. No FY 
2016 TIGER funds may be expended (actually paid out) after September 
30, 2024. As part of the review and selection process described in 
Section E.2., DOT will consider whether a project is ready to proceed 
with an obligation of grant funds from DOT within the statutory time 
provided. No waiver is possible for these deadlines.
    The FY 2016 Appropriations Act allows for up to 20 percent of 
available funds (or $100 million) to be used by the Department to pay 
the subsidy and administrative costs for a project receiving credit 
assistance under the Transportation Infrastructure Finance and 
Innovation Act of 1998 (``TIFIA'') program, if that use of the FY 2016 
TIGER funds would further the purposes of the TIGER Discretionary 
Grants program.
    Recipients of prior TIGER Discretionary Grants may apply for 
funding to support additional phases of a project awarded funds in 
earlier rounds of this program. However, to be competitive, the 
applicant should demonstrate the extent to which the previously funded 
project phase has been able to meet estimated project schedules and 
budget, as well as the ability to realize the benefits expected for the 
project.
    A relevant DOT modal administration will administer each TIGER 
Discretionary Grant, pursuant to a grant agreement between the TIGER 
Discretionary Grant recipient and that modal administration.

C. Eligibility Information

    To be selected for a TIGER Discretionary Grant, an applicant must 
be an Eligible Applicant and the project must be an Eligible Project.

1. Eligible Applicants

    Eligible Applicants for TIGER Discretionary Grants are State, 
local, and tribal governments, including U.S. territories, transit 
agencies, port authorities, metropolitan planning organizations (MPOs), 
and other political subdivisions of State or local governments.
    Multiple States or jurisdictions may submit a joint application and 
must identify a lead applicant as the primary point of contact, and 
also identify the primary recipient of the award. Each applicant in a 
joint application must be an Eligible Applicant. Joint applications 
must include a description of the roles and responsibilities of each 
applicant and must be signed by each applicant.

2. Cost Sharing or Matching

    TIGER Discretionary Grants may be used for up to 80 percent of the 
costs of a project located in an urban area\1\ and up to 100 percent of 
the costs of a project located in a rural area. Urban area and rural 
area are defined in section C.3.ii of this notice. Matching funds are 
subject to the same Federal requirements described in Section F.2. as 
awarded funds.
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    \1\ To meet match requirements, the minimum total project cost 
for a project located in an urban area must be $6.25 million.
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    DOT will consider the following funds or contributions as a local 
match for the purpose of this program, and as further described in 
Section F.1.v:

 Non-Federal funds
 Funds from the Tribal Transportation Program (23 U.S.C. 202)

    But DOT cannot consider the following funds or contributions as a 
local match:

 Funds already expended (or otherwise encumbered)
 Funds for which the source of those funds is ultimately a 
Federal program.
 Toll credits under 23 U.S.C. 120(i)

[[Page 9937]]

3. Other

    i. Eligible Projects--Eligible projects for TIGER Discretionary 
Grants are capital projects that include, but are not limited to: (1) 
Highway or bridge projects eligible under title 23, United States Code 
(including bicycle and pedestrian related projects); (2) public 
transportation projects eligible under chapter 53 of title 49, United 
States Code; (3) passenger and freight rail transportation projects; 
(4) port infrastructure investments (including inland port 
infrastructure and land ports of entry); and (5) intermodal projects. 
This description of eligible projects is identical to the description 
of eligible projects under earlier rounds of the TIGER Discretionary 
Grants program.\2\ Research, demonstration, or pilot projects are 
eligible only if they result in long-term, permanent surface 
transportation infrastructure that has independent utility as defined 
in Section C.3.iii. Applicants are strongly encouraged to submit 
applications only for eligible award amounts.
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    \2\ Please note that the Department may use a TIGER 
Discretionary Grant to pay for the surface transportation components 
of a broader project that has non-surface transportation components, 
and applicants are encouraged to apply for TIGER Discretionary 
Grants to pay for the surface transportation components of these 
projects.
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    ii. Rural/Urban Definition--For purposes of this notice, DOT 
defines ``rural area'' as any area not within an Urbanized Area, as 
such term is defined by the Census Bureau,\3\ and will consider a 
project to be in a rural area if all or the majority of a project 
(determined by geographic location(s) where the majority of project 
money is to be spent) is located in a rural area. In this notice 
``urban'' means not rural. This definition affects three aspects of the 
program. First, the FY 2016 Appropriations Act directs that not less 
than $100 million of the funds provided for TIGER Discretionary Grants 
are to be used for projects in rural areas. Second, for a project in a 
rural area the minimum award is $1 million. Third, the Secretary may 
increase the Federal share above 80 percent to pay for the costs of a 
project in a rural area.
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    \3\ For Census 2010, 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 at https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. Urban Clusters (UCs) are rural areas for 
purposes of the TIGER Discretionary Grants program. Please note that 
while individual jurisdictions might have a population of fewer than 
50,000, if they are included as part of an UA, they will be 
classified as urban for purposes of the TIGER program.
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    To the extent more than a de minimis portion of a project is 
located in an Urbanized Area, applicants should identify the estimated 
percentage of project costs that will be spent in Urbanized Areas and 
the estimated percentage that will be spent in rural areas. The 
Department will not provide an award to a project in a rural area 
without information showing that the majority of the project funds will 
be expended in a rural area. Rural and urban definitions differ in some 
other DOT programs, including TIFIA and the Nationally Significant 
Freight and Highway Projects Program (Sec.  1105; 23 U.S.C. 117).
    iii. Project Components--An application may describe a project that 
contains more than one component, and may describe components that may 
be carried out by parties other than the applicant. DOT may award funds 
for a component, instead of the larger project, if that component (1) 
independently meets minimum award amounts described in Section B and 
all eligibility requirements described in Section C; (2) independently 
aligns well with the selection criteria specified in Section E; and (3) 
meets National Environmental Policy Act (NEPA) requirements with 
respect to independent utility. Independent utility means that the 
component will represent a transportation improvement that is usable 
and represents a reasonable expenditure of DOT funds even if no other 
improvements are made in the area, and will be ready for intended use 
upon completion of that component's construction. All project 
components that are presented together in a single application must 
demonstrate a relationship or connection between them. (See Section 
D.2.f. for Required Approvals).
    Applicants should be aware that, depending upon the relationship 
between project components and upon applicable Federal law, DOT funding 
of only some project components may make other project components 
subject to Federal requirements as described in Section F.2.
    DOT strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested TIGER funding for those 
components. If the application identifies one or more independent 
project components, the application should clearly identify how each 
independent component addresses selection criteria and produces 
benefits on its own, in addition to describing how the full proposal of 
which the independent component is a part addresses selection criteria.
    iv. Limit on Number of Applications--Each lead applicant may submit 
no more than three applications. Unrelated project components should 
not be bundled in an application for the purpose of avoiding the three 
applications per lead applicant limit. Please note that the three-
application limit applies only to applications where the applicant is 
the lead applicant. There is no limit on the number of applications for 
which an applicant can be listed as a partnering agency. If a lead 
applicant submits more than three applications as the lead applicant, 
only the first three received will be considered. The Nationally 
Significant Freight and Highway Projects (NSFHP) program (Sec.  1105; 
23 U.S.C. 117) and the 2016 TIGER Discretionary Grant program have 
independent application limits. Applicants applying to both the NSFHP 
and the 2016 TIGER Discretionary Grants program may apply for the same 
project to both programs (noted in each application), but must timely 
submit separate applications that independently address how the project 
satisfies applicable selection criteria for the relevant grant program.

D. Application and Submission Information

1. Address

    Applications must be submitted to Grants.gov. General information 
for submitting applications through Grants.gov can be found at 
www.transportation.gov/TIGER along with specific instructions for the 
forms and attachments required for submission. Failure to submit the 
information as requested can delay review of the application.

2. Content and Form of Application Submission

    Applications must include the Standard Form 424 (Application for 
Federal Assistance), the Project Narrative, and any additional required 
attachments as specified by the instructions provided. Applicants 
should also complete and attach to their application the ``TIGER 2016 
Project Information'' form available at www.transportation.gov/TIGER. 
Additional clarifying guidance and FAQs to assist applicants in 
completing the SF-424 are available at www.transportation.gov/TIGER. 
DOT may ask any applicant to supplement data in its application, but 
expects applications to be complete upon submission. To the extent 
practicable, applicants should provide data and evidence of project 
merits in a form that is verifiable or publicly available.

[[Page 9938]]

    The Project Narrative (attachment to SF-424) must respond to the 
application requirements outlined below. The application must include 
information required for DOT to assess each of the criteria specified 
in Section E.1 (Criteria). Applicants must demonstrate the 
responsiveness of a project to any pertinent selection criteria with 
the most relevant information that they can provide, regardless of 
whether such information has been specifically requested, or 
identified, in this notice. An application should provide evidence of 
the feasibility of achieving project milestones, and of financial 
capacity and commitment in order to support project readiness.
    An application should also include a description of how the project 
addresses the needs of the area, creates economic opportunity, and 
sparks community revitalization, particularly for disadvantaged groups.
    DOT recommends that the project narrative adhere to the following 
basic outline and, in addition to a detailed statement of work, project 
schedule, and project budget, should include a table of contents, maps, 
and graphics as appropriate that make the information easier to review:
    i. Project Description (including a description of what TIGER funds 
will support, information on the expected users of the project, a 
description of the transportation challenges that the project aims to 
address, how the project will address these challenges, and whether, 
and how, the project promotes Ladders of Opportunity.) Include relevant 
data, such as passenger or freight volumes, congestion levels, 
infrastructure condition, and safety experience;
    ii. Project Location (a detailed description of the proposed 
project and geospatial data for the project, including a map of the 
project's location and its connections to existing transportation 
infrastructure, as well as a description of the national, regional, or 
metropolitan area in which the project is located, including economic 
information such as population size, median income for transportation 
facility users, or major industries affected, and project map);
    iii. Project Parties (information about the grant recipient and 
other project parties);
    iv. Grant Funds and Sources/Uses of Project Funds (information 
about the amount of grant funding requested, availability/commitment of 
fund sources and uses of all project funds, total project costs, 
percentage of project costs that would be paid with TIGER Discretionary 
Grants funds, and the identity of all parties providing funds for the 
project and their percentage shares.) Include any other pending or past 
Federal funding requests for the project as well as Federal funds 
already provided under other programs and the size, nature/source of 
the required match for those funds, to clarify that these are not the 
same funds counted under the matching requirement for this grant 
request. Describe any restrictions attached to specific funds; 
compliance or a schedule for compliance with all conditions applicable 
to each funding source, and, to the extent possible, funding commitment 
letters from non-Federal sources.
    v. Selection Criteria (information about how the project aligns 
with each of the primary and secondary selection criteria):

(i) Primary Selection Criteria
    (a) State of Good Repair
    (b) Economic Competitiveness
    (c) Quality of Life
    (d) Environmental Sustainability
    (e) Safety
(ii) Secondary Selection Criteria
    (a) Innovation
    (b) Partnership

    vi. Results of Benefit-Cost Analysis;
    vii. Project Readiness, including planning approvals, NEPA and 
other environmental reviews/approvals, (including information about 
permitting, legislative approvals, State and local planning, and 
project partnership and implementation agreements); and
    viii. Federal Wage Rate Certification (a certification, signed by 
the applicant(s), stating that it will comply with the requirements of 
subchapter IV of chapter 31 of title 40, United States Code [Federal 
wage rate requirements], as required by the FY 2016 Appropriations 
Act).
    The purpose of this recommended format is to ensure that 
applications clearly address the program requirements and make critical 
information readily apparent.
    DOT recommends that the project narrative be prepared with standard 
formatting preferences (i.e., a single-spaced document, using a 
standard 12-point font, such as Times New Roman, with 1-inch margins). 
The project narrative may not exceed 30 pages in length. Documentation 
supporting the assertions made in the narrative portion may also be 
provided, but should be limited to relevant information. Cover pages, 
tables of contents, and the federal wage rate certification do not 
count towards the 30-page limit for the narrative portion of the 
application. The only substantive portions of the application that may 
exceed the 30-page limit are any supporting documents (including a more 
detailed discussion of the benefit-cost analysis) provided to support 
assertions or conclusions made in the 30-page narrative section. If 
possible, Web site links to supporting documentation (including a more 
detailed discussion of the benefit-cost analysis) should be provided 
rather than copies of these materials. Otherwise, supporting documents 
should be included as appendices to the application. Applicants' 
references to supporting documentation should clearly identify the 
relevant portion of the supporting material. At the applicant's 
discretion, relevant materials provided previously to a relevant modal 
administration in support of a different DOT discretionary financial 
assistance program (for example, New Starts or TIFIA) may be referenced 
and described as unchanged. This information need not be resubmitted 
for the TIGER Discretionary Grant application but may be referenced as 
described above; Web site links to the materials are highly 
recommended. DOT recommends using appropriately descriptive file names 
(e.g., ``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding 
and Letters of Support,'' etc.) for all attachments.

3. Unique Entity Identifier and System for Award Management (SAM)

    DOT may not make a TIGER Discretionary Grant award to an applicant 
until the applicant has complied with all applicable DUNS and SAM 
requirements. If an applicant has not fully complied with the 
requirements by the submission deadline, the application will not be 
considered. To submit an application through Grants.gov, applicants 
must:
    i. Obtain a Data Universal Numbering System (DUNS) number;
    ii. Register with the System for Award Management (SAM) at 
www.SAM.gov;
    iii. Create a Grants.gov username and password; and
    iv. The E-Business Point of Contact (POC) at the applicant's 
organization must respond to the registration email from Grants.gov and 
login at Grants.gov to authorize the applicant as the Authorized 
Organization Representative (AOR). Please note that there can be more 
than one AOR for an organization.
    For information and instructions on each of these processes, please 
see instructions at https://www.grants.gov/web/grants/applicants/applicant-faqs.html.
    If an applicant is selected for an award, the applicant will be 
required to maintain an active SAM registration

[[Page 9939]]

with current information throughout the period of the award.

4. Submission Dates and Times

    i. Deadline: Applications must be submitted by 8:00 p.m. EDT on 
April 29, 2016. The Grants.gov ``Apply'' function will open on February 
26, 2016.
    ii. Only applicants who comply with all submission deadlines 
described in this notice and electronically submit valid applications 
through Grants.gov will be eligible for award.
    Applicants are strongly encouraged to make submissions in advance 
of the deadline. Please be aware that applicants must complete the 
Grants.gov registration process before submitting the final 
application, and that this process usually takes 2-4 weeks to complete. 
If interested parties experience difficulties at any point during the 
registration or application process, please call the Grants.gov 
Customer Support Hotline at 1-800-518-4726, Monday-Friday from 7:00 
a.m. to 9:00 p.m. EDT.
    iii. Late Applications: DOT will not consider applications received 
after the deadline except in the case of unforeseen technical 
difficulties outlined below. DOT will not consider late applications 
that are the result of failure to register or comply with Grants.gov 
applicant requirements in a timely manner.
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact TIGERGrants@dot.gov or 
Howard Hill at 202-366-0301 prior to the corresponding deadline with 
the user name of the registrant and details of the technical issue 
experienced. The applicant must provide:
    a. Details of the technical issue experienced.
    b. Screen capture(s) of the technical issue experienced along 
corresponding ``Grant tracking number'' (Grants.Gov).
    c. The ``Legal Business Name'' for the applicant that was provided 
in the SF-424 or pre-application.
    d. The AOR name submitted in the SF-424 (Grants.gov).
    e. The DUNS number associated with the pre-application/application.
    f. The Grants.gov or Pre-Application Help Desk Tracking Number.
    To ensure a fair competition for limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline 
date; (2) failure to follow Grants.gov instructions on how to register 
and apply as posted on its Web site; (3) failure to follow all of the 
instructions in this notice of funding availability; and (4) technical 
issues experienced with the applicant's computer or information 
technology (IT) environment. After DOT staff review all of the 
information submitted and contacted the Grants.gov Help Desk to 
validate the technical issues reported, DOT staff will contact 
applicants to either approve or deny the request to submit a late 
application through Grants.gov. If the technical issues reported cannot 
be validated, the application will be rejected as untimely.

5. Funding Restrictions

    There is no specific set-aside funding solely for pre-construction 
activities \4\ in the FY 2016 TIGER Discretionary Grants program. 
However, these activities may be eligible to the extent that they are 
part of an overall construction project that receives TIGER 
Discretionary Grants funding. For TIGER funds to be considered for pre-
construction activities, the applicant must clearly state, in the 
application, the pre-construction activity and amount of TIGER funds 
that will be expended on that activity.
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    \4\ Pre-Construction activities are activities related to the 
planning, preparation, or design of surface transportation projects. 
These activities include but are not limited to environmental 
analysis, feasibility studies, design, and engineering of surface 
transportation projects as described in Section C.3.
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E. Application Review Information

1. Criteria

    This section specifies the criteria that DOT will use to evaluate 
and award applications for TIGER Discretionary Grants. The criteria 
incorporate the statutory eligibility requirements for this program, 
which are specified in this notice as relevant. There are two 
categories of selection criteria, ``Primary Selection Criteria'' and 
``Secondary Selection Criteria.'' Within each relevant selection 
criterion, applicants are encouraged to present in measurable terms how 
TIGER investment will lead to transformative change(s) in their 
community. Projects will also be evaluated for demonstrated project 
readiness, benefits and costs, and cost share.
i. Primary Selection Criteria
    Applications that do not demonstrate a likelihood of significant 
long-term benefits based on these criteria will not proceed in the 
evaluation process. DOT does not consider any primary selection 
criterion more important than the others. The primary selection 
criteria, which will receive equal consideration, are:
    a. Safety. Improving the safety of U.S. transportation facilities 
and systems for all modes of transportation and users. DOT will assess 
the project's ability to reduce the number, rate, and consequences of 
surface transportation-related accidents, serious injuries, and 
fatalities among transportation users, including pedestrians, the 
project's contribution to the elimination of highway/rail grade 
crossings, and the project's contribution to preventing unintended 
releases of hazardous materials. DOT will consider the project's 
ability to foster a safe, connected, accessible transportation system 
for the multimodal movement of goods and people.
    b. State of Good Repair. Improving the condition and resilience of 
existing transportation facilities and systems. DOT will assess whether 
and to what extent: (1) The project is consistent with relevant plans 
to maintain transportation facilities or systems in a state of good 
repair and address current and projected vulnerabilities; (2) if left 
unimproved, the poor condition of the asset will threaten future 
transportation network efficiency, mobility of goods or accessibility 
and mobility of people, or economic growth; (3) the project is 
appropriately capitalized up front and uses asset management approaches 
that optimize its long-term cost structure; (4) a sustainable source of 
revenue is available for operations and maintenance of the project; and 
(5) the project improves the transportation asset's ability to 
withstand probable occurrence or recurrence of an emergency or major 
disaster or other impacts of climate change. Additional consideration 
will be given to a project's contribution to improving the overall 
reliability of a multimodal transportation system that serves all 
users, and to projects that offer significant transformational 
improvements to the condition of existing transportation systems and 
facilities.
    c. Economic Competitiveness. Contributing to the economic 
competitiveness of the United States over the medium- to long-term, 
revitalizing communities, and creating and preserving jobs. DOT will 
assess whether the project will (1) decrease transportation costs and 
improve access for Americans with transportation disadvantages through 
reliable and timely access to employment centers, education and 
training opportunities, and other basic needs of workers; (2) improve 
long-term efficiency, reliability or costs in the movement of workers 
or goods; (3) increase the economic productivity of land, capital, or 
labor at

[[Page 9940]]

specific locations, or through community revitalization efforts; (4) 
result in long-term job creation and other economic opportunities; or 
(5) help the United States compete in a global economy by facilitating 
efficient and reliable freight movement, including border 
infrastructure and projects that have a significant effect on reducing 
the costs of transporting export cargoes. DOT will prioritize projects 
that exhibit strong leadership and vision, and are part of a larger 
strategy to significantly revitalize communities and increase economic 
opportunities.
    d. Quality of Life. Increasing transportation choices and improving 
access to essential services for people in communities across the 
United States, particularly for disadvantaged groups. DOT will assess 
whether the project furthers the six ``Livability Principles'' 
developed by DOT with the Department of Housing and Urban Development 
(HUD) and the Environmental Protection Agency (EPA) as part of the 
Partnership for Sustainable Communities.\5\ DOT will focus on the first 
principle, the creation of affordable and convenient transportation 
choices.\6\ Further, DOT will prioritize projects developed in 
coordination with land-use planning and economic development decisions, 
including through programs like TIGER Planning Grants, the Department 
of Housing and Urban Development's Regional Planning Grants, the 
Environmental Protection Agency's Brownfield Area-Wide Planning Pilot 
Program, and technical assistance programs focused on quality of life 
or economic development planning. DOT will assess the extent to which 
the project will anchor transformative, positive, and long-lasting 
quality of life changes at the national, regional or metropolitan 
level.
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    \5\ https://www.transportation.gov/livability/101.
    \6\ In full, this principle reads: ``Provide more transportation 
choices. Develop safe, reliable and economical transportation 
choices to decrease household transportation costs, reduce our 
nations' dependence on foreign oil, improve air quality, reduce 
greenhouse gas emissions and promote public health.''
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    e. Environmental Sustainability. Improving energy efficiency, 
reducing dependence on oil, reducing greenhouse gas emissions, 
improving water quality, avoiding and mitigating environmental impacts 
and otherwise benefitting the environment. DOT will assess the 
project's ability to: (i) Reduce energy use and air or water pollution; 
(ii) avoid adverse environmental impacts to air or water quality, 
wetlands, and endangered species; or (iii) provide environmental 
benefits, such as brownfield redevelopment, ground water recharge in 
areas of water scarcity, wetlands creation or improved habitat 
connectivity, and stormwater mitigation, including green 
infrastructure. Applicants are encouraged to provide quantitative 
information, including baseline information that demonstrates how the 
project will reduce energy consumption, stormwater runoff, or achieve 
other benefits for the environment.
ii. Secondary Selection Criteria
    a. Innovation. Use of innovative strategies to pursue the long-term 
outcomes outlined above. DOT will also assess the extent to which the 
project uses innovative technology to pursue one or more of the long-
term outcomes outlined above or to significantly enhance the 
operational performance of the transportation system. DOT will also 
assess the extent to which the project incorporates innovations in 
transportation funding and finance and leverages both existing and new 
sources of funding through both traditional and innovative means. 
Further, DOT will consider the extent to which the project utilizes 
innovative practices in contracting, congestion management, safety 
management, asset management, or long-term operations and maintenance. 
DOT is interested in projects that apply innovative strategies to 
improve the efficiency of project development or to improve project 
delivery.
    b. Partnership. Demonstrating strong collaboration among a broad 
range of stakeholders, and the product of a robust, inclusive planning 
process.
    (i) Jurisdictional and Stakeholder Collaboration. DOT will consider 
the extent to which projects involve multiple partners in project 
development and funding, such as State and local governments, other 
public entities, and/or private or nonprofit entities. DOT will also 
assess the extent to which the project application demonstrates 
collaboration among neighboring or regional jurisdictions to achieve 
national, regional, or metropolitan benefits. In the context of public-
private partnerships, DOT will assess the extent to which partners are 
encouraged to ensure long-term asset performance, such as through pay-
for-success approaches.
    (ii) Disciplinary Integration. DOT will consider the extent to 
which projects include partnerships that bring together diverse 
transportation agencies and/or are supported, financially or otherwise, 
by non-transportation public agencies that are pursuing similar 
objectives. For example, DOT will give priority to transportation 
projects that are coordinated with economic development, housing, water 
infrastructure, and land use plans and policies or other public service 
efforts. Similarly, DOT will give priority to transportation projects 
that are coordinated with housing, social services, or education 
agencies. Projects that demonstrate a robust planning process--such as 
those conducted with DOT's various planning programs and initiatives, 
the Department of Housing and Urban Development's Regional Planning 
Grants and Choice Neighborhood Planning Grants, or the Environmental 
Protection Agency's Brownfield Area-Wide Planning Pilot Program, as 
well as technical assistance programs focused on livability or economic 
development planning--will also be given priority.
iii. Demonstrated Project Readiness
    For projects that receive funding in this round of TIGER, DOT must 
obligate funds by September 30, 2019, or the funding will expire. 
Therefore, DOT will assess every application to determine whether the 
project is likely to proceed to obligation by the statutory deadline 
(see Additional Information on Project Readiness Guidelines located at 
www.transportation.gov/TIGER for further details), as evidenced by:
    a. Technical Feasibility. The technical feasibility of the project 
should be demonstrated by engineering and design studies and 
activities; the development of design criteria and/or a basis of 
design; the basis for the cost estimate presented in the TIGER 
application, including the identification of contingency levels 
appropriate to its level of design; and any scope, schedule, and budget 
risk-mitigation measures. Applicants must include a detailed statement 
of work that focuses on the technical and engineering aspects of the 
project and describes in detail the project to be constructed.
    b. Financial Feasibility. The viability and completeness of the 
project's financing package (assuming the availability of the requested 
TIGER Discretionary Grant funds) should be demonstrated including 
evidence of stable and reliable capital and (as appropriate) operating 
fund commitments sufficient to cover estimated costs; the availability 
of contingency reserves should planned capital or operating revenue 
sources not materialize; evidence of the financial condition of the 
project sponsor; and evidence of the grant recipient's ability to 
manage grants. The applicant must include a detailed project budget in 
this section of the application containing a breakdown of how the funds 
will be

[[Page 9941]]

spent. That budget must estimate--both dollar amount and percentage of 
cost--the cost of work for each project component. If the project will 
be completed in segments or phases, a budget for each segment or phase 
must be included. Budget spending categories must be broken down 
between TIGER, other Federal, and non-Federal sources,\7\ and identify 
how each funding source will share in each activity.
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    \7\ Non-Federal sources include State funds originating from 
State revenue funded programs, local funds originating from State or 
local revenue funded programs, private funds or other funding 
sources of non-Federal origins.
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    c. Project Schedule. The applicant must include a detailed project 
schedule that includes all major project milestones--such as start and 
completion of environmental reviews and approvals; design; right of way 
acquisition; approval of plan, specification and estimate (PS&E); 
procurement; and construction- with sufficiently detailed information 
to demonstrate that:
    (i) All necessary pre-construction activities will be complete to 
allow grant funds to be obligated no later than June 30, 2019, to give 
DOT reasonable assurance that the TIGER Discretionary Grant funds will 
be obligated sufficiently in advance of the September 30, 2019, 
statutory deadline, and that any unexpected delays will not put the 
funds at risk of expiring before they are obligated;
    (ii) the project can begin construction quickly upon receipt of a 
TIGER Discretionary Grant, and that the grant funds will be spent 
steadily and expeditiously once construction starts; and
    (iii) any applicant that is applying for a TIGER Discretionary 
Grant and does not own all of the property or right-of-way required to 
complete the project should provide evidence that the property and/or 
right-of-way acquisition can and will be completed expeditiously.
    DOT may revoke any award of TIGER Discretionary Grant funds and 
award those funds to another project if the funds cannot be timely 
obligated or construction does not begin in accordance with the project 
schedule established in the grant agreement.
    d. Required Approvals
    (i) Environmental Permits and Reviews. An application for a TIGER 
Discretionary Grant must detail whether the project will significantly 
impact the natural, social and/or economic environment. The application 
should demonstrate receipt (or reasonably anticipated receipt) of all 
environmental approvals and permits necessary for the project to 
proceed to construction on the timeline specified in the project 
schedule and necessary to meet the statutory obligation deadline, 
including satisfaction of all Federal, State and local requirements and 
completion of the National Environmental Policy Act (``NEPA'') process. 
Although Section C.3.iii (Project Components) of this notice encourages 
applicants to identify independent project components, those components 
may not be separable for the NEPA process. In such cases, the NEPA 
review for the independent project component may have to include 
evaluation of all project components as connected, similar, or 
cumulative actions, as detailed at 40 CFR 1508.25. The applicant should 
submit the information listed below with the application:
    (1) Information about the NEPA status of the project. If the NEPA 
process is completed, an applicant must indicate the date of, and 
provide a Web site link or other reference to the final Categorical 
Exclusion, Finding of No Significant Impact or Record of Decision. If 
the NEPA process is underway but not complete, the application must 
detail the type of NEPA review underway, where the project is in the 
process, and indicate the anticipated date of completion. Applicants 
must provide a Web site link or other reference to copies of any NEPA 
documents prepared.
    (2) Information on reviews by other agencies. An application for a 
TIGER Discretionary Grant must indicate whether the proposed project 
requires reviews or approval actions by other agencies,\8\ indicate the 
status of such actions, and provide detailed information about the 
status of those reviews or approvals and/or demonstrate compliance with 
any other applicable Federal, State, or local requirements.
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    \8\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources. Examples of these reviews and approvals can be 
found at www.transportation.gov/TIGER.
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    (3) Environmental studies or other documents--preferably through a 
Web site link--that describe in detail known project impacts, and 
possible mitigation for those impacts.
    (4) A description of discussions with the appropriate DOT modal 
administration field or headquarters office regarding compliance with 
NEPA and other applicable environmental reviews and approvals.
    (ii) Legislative Approvals. The applicant should demonstrate 
receipt of state and local approvals on which the project depends. 
Additional support from relevant State and local officials is not 
required; however, an applicant should demonstrate that the project is 
broadly supported.
    (iii) State and Local Planning. The planning requirements of the 
modal administration administering the TIGER project will apply.\9\ 
Applicants should demonstrate that a project that is required to be 
included in the relevant State, metropolitan, and local planning 
documents has been or will be included. If the project is not included 
in the relevant planning documents at the time the application is 
submitted, the applicant should submit a certification from the 
appropriate planning agency that actions are underway to include the 
project in the relevant planning document. Because projects have 
different schedules, the construction start date for each TIGER 
Discretionary Grant will be specified in the project-specific grant 
agreements signed by relevant modal administration and the grant 
recipients and will be based on critical path items identified by 
applicants in response to items (i)(1) through (4) above.
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    \9\ All projects requiring an action by the Federal Highway 
Administration (FHWA) or the Federal Transit Administration (FTA) in 
accordance with 23 CFR part 450, must be in the metropolitan 
transportation plan, transportation improvement program (TIP) and 
statewide transportation improvement program (STIP). Further, in air 
quality non-attainment and maintenance areas, all regionally 
significant projects, regardless of the funding source, must be 
included in the conforming metropolitan transportation plan and TIP. 
To the extent a project is required to be on a metropolitan 
transportation plan, TIP, and/or STIP, it will not receive a TIGER 
Discretionary Grant until it is included in such plans. Projects not 
currently included in these plans can be amended by the State and 
metropolitan planning organization (MPO). Projects that are not 
required to be in long range transportation plans, STIPs, and TIPs 
will not need to be included in such plans in order to receive a 
TIGER Discretionary Grant. Port, freight and passenger rail projects 
are not required to be on the State Rail Plans called for in the 
Passenger Rail Investment and Improvement Act of 2008. This is 
consistent with the exemption for high-speed and intercity passenger 
rail projects under the Recovery Act. However, applicants seeking 
funding for freight and passenger rail projects are encouraged to 
demonstrate that they have done sufficient planning to ensure that 
projects fit into a prioritized list of capital needs and are 
consistent with long-range goals. To the extent possible, freight 
projects should be included in a state freight plan and supported by 
a state freight advisory committee (see MAP-21 Sec. Sec.  1117-
1118). Further information and guidance information on 
transportation planning and is available from the following FHWA and 
FTA sites respectively--https://www.fhwa.transportation.gov/planning 
and https://www.fta.transportation.gov/about/12347.html. Port 
planning guidelines are available at StrongPorts.gov.
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    e. Assessment of Project Risks and Mitigation Strategies. The 
applicant should identify the material risks to the project and the 
strategies that the lead

[[Page 9942]]

applicant and any project partners have undertaken or will undertake in 
order to mitigate those risks. In past rounds of TIGER Discretionary 
Grants, certain projects have been affected by procurement delays, 
environmental uncertainties, and increases in real estate acquisition 
costs. The applicant must assess the greatest risks to the projects and 
identify how the project parties will mitigate those risks. DOT will 
consider projects that contain risks so long as the applicant clearly 
and directly describes achievable mitigation strategies.
    The applicant, to the extent they are unfamiliar with the Federal 
program, should contact DOT modal field or headquarters offices for 
information on what steps are pre-requisite to the obligation of 
Federal funds in order to ensure that their project schedule is 
reasonable and that there are no risks of delays in satisfying Federal 
requirements.
    Contacts for the Federal Highway Administration Division offices--
which are located in all 50 States, Washington, DC, and Puerto Rico--
can be found at https://www.fhwa.dot.gov/about/field.cfm. Contacts for 
the ten Federal Transit Administration regional offices can be found at 
https://www.fta.dot.gov/12926.html. Contacts for the nine Maritime 
Administration Gateway Offices can be found at https://www.marad.dot.gov/about_us_landing_page/gateway_offices/Gateway_Presence.htm. For Federal Railroad Administration Contacts, 
please contact TIGER program staff via email at TIGERGrants@dot.gov, or 
call Howard Hill at 202-366-0301.
iv. Project Costs and Benefits
    An applicant for TIGER Discretionary Grants is generally required 
to identify, quantify, and compare expected benefits and costs, subject 
to the following qualifications: \10\
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    \10\ DOT has a responsibility under Executive Order 12893, 
Principles for Federal Infrastructure Investments, 59 FR 4233, to 
base infrastructure investments on systematic analysis of expected 
benefits and costs, including both quantitative and qualitative 
measures.
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    An applicant must prepare and submit an analysis of benefits and 
costs. The level of sophistication of the benefit-cost analysis (BCA) 
should be reasonably related to the size of the overall project and the 
amount of grant funds requested in the application. For smaller 
projects, DOT understands that a less detailed analysis for items such 
as surveys, travel demand forecasts, market forecasts, and statistical 
analyses is appropriate. For larger projects, DOT expects that 
applicants will provide a robust and detailed analysis of benefits and 
costs. Any subjective estimates of benefits and costs should be 
quantified, and the applicant should provide appropriate evidence to 
support their subjective estimates. Estimates of benefits should be 
presented in monetary terms whenever possible; if a monetary estimate 
is not possible, then at least one non-monetary quantitative estimate 
(in physical, non-monetary terms) should be provided. Examples of such 
benefits include:

 Crash rates
 Ridership estimates
 Emissions levels
 Energy efficiency improvements

    However, an applicant should use qualitative measures to include 
benefits that cannot be readily monetized or quantified.
    Depending on the level of sophistication of a BCA that is 
reasonably related to the size of an overall project, the lack of a 
useful analysis of expected project benefits and costs may be a basis 
for not selecting a project for award of a TIGER Discretionary Grant. 
However, DOT will use the results of the BCA review as one of several 
criteria considered during the TIGER Discretionary Grants evaluation 
process.
    The 2016 Benefit-Cost Analyses Guidance for TIGER Grant Applicants 
and in the BCA Resource Guide (available at www.transportation.gov/TIGER) provides detailed guidance for preparing benefit-cost analyses. 
A recording of the Benefit-Cost Analysis Practitioner's Workshop (2010) 
and two BCA-related webinars are also available for viewing at 
www.transportation.gov/TIGER, along with examples of benefit-cost 
analyses that have been submitted in previous rounds of TIGER.
    Spreadsheets supporting the benefit-cost analysis should be 
original Excel spreadsheets, not PDFs of those spreadsheets. Benefits 
should be presented, whenever possible, in a tabular form showing 
benefits and costs in each year for the useful life of the project. The 
application should include projections of costs, travel conditions, 
safety outcomes, and environmental impacts for both the build and no-
build scenarios for the project for each year between the completion of 
the project and a point in time at least 20 years beyond the project's 
completion date or the lifespan of the project, whichever is closer to 
the present. The BCA should demonstrate how the benefits and costs of 
the proposed project are based on differences in the future values of 
these measures between the baseline or no-build scenario and with the 
proposed project in place. Benefits and costs should both be discounted 
to the year 2016, and calculations should be presented for discounted 
values of both the stream of benefits and the stream of costs. If the 
project has multiple components, each of which has independent utility, 
the benefits and costs of each component should be estimated and 
presented separately. The results of the benefit-cost analysis should 
be summarized in the Project Narrative section of the application 
itself, but the details should be presented in an attachment to the 
application if the full analysis cannot be included within the page 
limit for the project narrative.
    BCA Flexibility for Tribal Governments: Based on feedback over 
previous rounds of TIGER, DOT recognizes that the benefit-cost analysis 
can be particularly burdensome on Tribal governments. Therefore, the 
Department is providing additional flexibility to Tribal governments 
for the purposes of this notice. At their discretion, Tribal applicants 
may elect to provide raw data to support the need for a project (such 
as crash rates, ridership estimates, and the number of people who will 
benefit from the project), without additional analysis. DOT will use 
this data to develop estimates (given the data provided) of benefits 
and costs. DOT will use these results as one of several criteria 
considered during the TIGER Discretionary Grants evaluation process. 
Examples of BCAs by successful Tribal applicants are available online 
at https://www.transportation.gov/policy-initiatives/tiger/tribal-tiger-bca-examples.
v. Cost Sharing or Matching
    The FY 2016 Appropriations Act directs DOT to prioritize projects 
that require a contribution of Federal funds to complete an overall 
financing package, and all projects can increase their competitiveness 
for purposes of the TIGER program by demonstrating significant non-
Federal financial contributions. The applicant should clearly 
demonstrate the extent to which the project cannot be readily and 
efficiently completed without a TIGER Discretionary Grant, and describe 
the extent to which other sources of funds, including Federal, State, 
or local funding, may or may not be readily available for the project. 
The Department may consider the form of cost sharing presented in an 
application. Firm commitments of cash that indicate a complete project 
funding package and demonstrate local support for the project are more 
competitive than other

[[Page 9943]]

forms of cost sharing. DOT recognizes that applicants have varying 
abilities and resources to contribute non-Federal contributions, 
especially those communities that are not routinely receiving and 
matching Federal funds. DOT recognizes certain communities with fewer 
financial resources may struggle to provide cost-share that exceeds the 
minimum requirements and will, therefore, consider an applicant's 
broader fiscal constraints when evaluating non-Federal contributions. 
In the first seven rounds, on average, projects attracted more than 3.5 
matching dollars for every TIGER grant dollar.

2. Review and Selection Process

    DOT reviews all eligible applications received before the deadline. 
The TIGER review and selection process consists of three phases: 
Technical Review, Tier 2 Analysis consisting of project readiness and 
economic analysis, and Senior Review. A Control and Calibration Team 
ensures consistency across projects and appropriate documentation 
throughout the review and selection process. In the Technical 
Evaluation phase, teams comprising staff from the Office of the 
Secretary (OST) and modal administrations review all eligible 
applications and rate projects as Highly Recommended, Recommended, 
Acceptable, or Not Recommended based on how well the projects align 
with the selection criteria.
    Tier 2 Analysis consists of (1) an Economic Analysis and (2) a 
Project Readiness Analysis. The Economic Analysis Team, comprising OST 
and modal administration economic staff, assess the potential benefits 
and costs of the proposed projects. The Project Readiness Team, 
comprising Office of the Secretary Office of Policy (OST-P) and modal 
administration staff, evaluates the proposed project's technical and 
financial feasibility, potential risks and mitigation strategies, and 
project schedule, including the status of environmental approvals and 
readiness to proceed.
    In the third review phase, the Senior Review Team, which includes 
senior leadership from OST and the modal administrations, considers all 
projects that were rated Acceptable, Recommended, or Highly Recommended 
and determines which projects to advance to the Secretary as Highly 
Rated. The Secretary selects from the Highly Rated projects for final 
awards.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk 
assessment required by 2 CFR 200.205. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS). 
An applicant may review information in FAPIIS and comment on any 
information about itself. The Department will consider comments by the 
applicant in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation outlined in Section E, the Secretary will 
announce awarded projects by posting a list of selected projects at 
www.transportation.gov/TIGER. Following that announcement, the relevant 
modal administration will contact the point of contact listed in the SF 
424 to initiate negotiation of the grant agreement.

2. Administrative and National Policy Requirements

    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part 
1201. Additionally, applicable Federal laws, rules and regulations of 
the relevant modal administration administering the project will apply 
to the projects that receive TIGER Discretionary Grants awards, 
including planning requirements, Service Outcome Agreements, 
Stakeholder Agreements, Buy America compliance, and other requirements 
under DOT's other highway, transit, rail, and port grant programs.
    For projects administered by the Federal Highway Administration 
(FHWA), applicable Federal laws, rules, and regulations set forth in 
Title 23 U.S.C. and Title 23 CFR apply. For an illustrative list of the 
applicable laws, rules, regulations, executive orders, polices, 
guidelines, and requirements as they relate to a TIGER project 
administered by the FHWA, please see https://www.ops.fhwa.dot.gov/freight/infrastructure/tiger/fy2015_gr_exhbt/index.htm. For TIGER 
projects administered by the Federal Transit Administration and 
partially funded with Federal transit assistance, all relevant 
requirements under chapter 53 of title 49 U.S.C. apply. For transit 
projects funded exclusively with TIGER Discretionary Grants funds, some 
requirements of chapter 53 of title 49 U.S.C. and chapter VI of title 
49 CFR apply. For projects administered by the Federal Railroad 
Administration, FRA requirements described in 49 U.S.C. Subtitle V, 
Part C apply.
    Federal wage rate requirements included in subchapter IV of chapter 
31 of title 40, United States Code, apply to all projects receiving 
funds under this program, and apply to all parts of the project, 
whether funded with TIGER Discretionary Grant funds, other Federal 
funds, or non-Federal funds.

3. Reporting

i. Progress Reporting on Grant Activities
    Each applicant selected for TIGER Discretionary Grants funding must 
submit quarterly progress reports and Federal Financial Report (SF-425) 
on the financial condition of the project and the project's progress, 
as well as an Annual Budget Review and Program Plan to monitor the use 
of Federal funds and ensure accountability and financial transparency 
in the TIGER program.
ii. System Performance Reporting
    Each applicant selected for TIGER Discretionary Grant funding must 
collect information and report on the project's observed performance 
with respect to the relevant long-term outcomes that are expected to be 
achieved through construction of the project. Performance indicators 
will not include formal goals or targets, but will include observed 
measures under baseline (pre-project) as well as post-implementation 
outcomes for an agreed-upon timeline, and will be used to evaluate and 
compare projects and monitor the results that grant funds achieve to 
the intended long-term outcomes of the TIGER Discretionary Grants 
program are achieved. To the extent possible, performance indicators 
used in the reporting should align with the measures included in the 
application and should relate to at least one of the primary selection 
criteria defined in Section E. Performance reporting continues for 
several years after project construction is completed, and DOT does not 
provide TIGER Discretionary Grant funding specifically for performance 
reporting.
iii. Reporting of Matters Related to Recipient Integrity and 
Performance
    If the total value of a selected applicant's currently active 
grants,

[[Page 9944]]

cooperative agreements, and procurement contracts from all Federal 
awarding agencies exceeds $10,000,000 for any period of time during the 
period of performance of this Federal award, then the applicant during 
that period of time must maintain the currency of information reported 
to the System for Award Management (SAM) that is made available in the 
designated integrity and performance system (currently the Federal 
Awardee Performance and Integrity Information System (FAPIIS)) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the 
TIGER Discretionary Grants program staff via email at 
TIGERGrants@dot.gov, or call Howard Hill at 202-366-0301. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, DOT will post answers to questions and requests for 
clarifications on DOT's Web site at www.transportation.gov/TIGER. To 
ensure applicants receive accurate information about eligibility or the 
program, the applicant is encouraged to contact DOT directly, rather 
than through intermediaries or third parties, with questions. DOT staff 
may also conduct briefings on the TIGER Discretionary Grants selection 
and award process upon request.

H. Other Information

1. Protection of Confidential Business Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions. DOT protects such information from disclosure to the extent 
allowed under applicable law. In the event DOT receives a Freedom of 
Information Act (FOIA) request for the information, DOT will follow the 
procedures described in its FOIA regulations at 49 CFR 7.17. Only 
information that is ultimately determined to be confidential under that 
procedure will be exempt from disclosure under FOIA.

Anthony R. Foxx,
Secretary.
[FR Doc. 2016-04217 Filed 2-25-16; 8:45 am]
BILLING CODE 4910-9X-P