Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning, 61088-61092 [2020-21473]

Download as PDF 61088 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices (DOT), 1200 New Jersey Ave. SE, W12– 140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Ave. SE, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by November 13, 2020 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2020–21466 Filed 9–28–20; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning Federal Transit Administration (FTA), DOT. ACTION: Notice of Funding Opportunity (NOFO). AGENCY: The Federal Transit Administration (FTA) announces the opportunity to apply for approximately $6.22 million of Fiscal Year (FY) 2020 funding under the Pilot Program for Transit-Oriented Development Planning (Catalog of Federal Domestic Assistance #20.500). FTA may award additional funds if they are made available to the program prior to the announcement of project selections. As required by Federal public transportation law and subject to funding availability, funds will be awarded competitively to support comprehensive planning associated with new fixed guideway and core capacity improvement projects. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:14 Sep 28, 2020 Jkt 250001 Complete proposals must be submitted electronically through the GRANTS.GOV ‘‘APPLY’’ function by 11:59 p.m. EDT on October 26, 2020. Prospective applicants should initiate the process by registering on the GRANTS.GOV website promptly to ensure completion of the application process before the submission deadline. Instructions for applying can be found on FTA’s website at https:// www.transit.dot.gov/TODPilot and in the ‘‘FIND’’ module of GRANTS.GOV. The GRANTS.GOV funding opportunity ID is FTA–2020–014–TPE. Mail and fax submissions will not be accepted. FOR FURTHER INFORMATION CONTACT: Dwayne Weeks, FTA Office of Planning and Environment, (202) 493–0316, or Dwayne.Weeks@dot.gov. A TDD is available at 1–800–877–8339 (TDD/ FIRS). SUPPLEMENTARY INFORMATION: DATES: 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. Technical Assistance and Other Program Information A. Program Description Section 20005(b) of the Moving Ahead for Progress in the 21st Century Act (MAP–21; Pub. L. 112–141, July 6, 2012), with funding authorized by 49 U.S.C. 5338(a)(2)(B), authorizes FTA to award funds under the Pilot Program for Transit-Oriented Development (TOD) Planning (TOD Pilot Program). The TOD Pilot Program grants are competitively awarded to local communities to integrate land use and transportation planning with a new fixed guideway or core capacity improvement transit capital project as defined in Federal public transportation law (49 U.S.C. 5309(a)). (See section C of this NOFO for more information about eligibility.) The TOD Pilot Program is intended to fund comprehensive planning that supports economic development, ridership, multimodal connectivity and accessibility, increased transit access for pedestrian and bicycle traffic, and mixed-use development near transit stations. The TOD Pilot Program also encourages identification of infrastructure needs and engagement with the private sector. FTA is seeking comprehensive planning projects covering an entire transit capital project corridor, rather than proposals that involve planning for PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 individual station areas or only a small section of the corridor. To ensure that any proposed planning work both reflects the needs and aspirations of the local community, and also results in concrete, specific deliverables and outcomes, transit project sponsors must partner with entities with land use planning authority in the transit project corridor to conduct the planning work. B. Federal Award Information Federal public transportation law (49 U.S.C. 5338(a)(2)(B)) authorizes FTA to make grants for eligible comprehensive planning projects under Section 20005(b) of MAP–21. FTA intends to award all available funding ($6.22 million) to selected applicants responding to this NOFO. Due to funding limitations, applicants that are selected for funding may receive less than the amount originally requested. Only proposals from eligible recipients for eligible activities will be considered for funding. FTA anticipates minimum grant awards of $250,000 and maximum grant awards of $2,000,000. C. Eligibility Information 1. Eligible Applicants Applicants under the TOD Pilot Program must be State or local governmental authorities and FTA grant recipients (i.e., existing direct and designated recipients) as of the publication date of this NOFO. An applicant must be the project sponsor of an eligible transit capital project as defined below in section C, subsection 3 or an entity with land use planning authority in the project corridor of an eligible transit capital project. Except in cases where an applicant is both the sponsor of an eligible transit project and has land use authority in at least a portion of the transit project corridor, the transit project sponsor and at least one entity in the project corridor with land use planning authority must partner on the proposed comprehensive planning project. Documentation of this partnership must be included with the application; see section D, subsection 2 of this NOFO for further information. Only one application per transit capital project corridor may be submitted to FTA. Multiple applications submitted for a single transit capital project corridor indicate that partnerships are not in place and FTA will reject all of the applications. 2. Cost Sharing or Matching The maximum Federal funding share is 80 percent. Eligible sources of local match include the following: Cash from non- E:\FR\FM\29SEN1.SGM 29SEN1 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices Government sources (other than revenues from providing public transportation services); revenues derived from the sale of advertising and concessions; amounts received under a service agreement with a State or local social service agency or private social service organization; revenues generated from value capture financing mechanisms; funds from an undistributed cash surplus; replacement or depreciation cash fund or reserve; or new capital. In-kind contributions are permitted. Transportation Development Credits (formerly referred to as Toll Revenue Credits) may not be used to satisfy the local match requirement. FTA may prioritize projects proposed with a higher non-Federal share. jbell on DSKJLSW7X2PROD with NOTICES 3. Other Eligibility Criteria i. Eligible Transit Projects Any comprehensive planning work proposed for funding under the TOD Pilot Program must be associated with an eligible transit capital project. Although not required to be part of the Capital Investment Grant program, to be eligible, the proposed transit capital project must be a new fixed guideway project or a core capacity improvement project as defined by Federal public transportation law (49 U.S.C. 5309(a)). A fixed guideway is a public transportation facility: (A) Using and occupying a separate right-of-way for the exclusive use of public transportation; (B) using rail; (C) using a fixed catenary system; (D) for a passenger ferry system; or (E) for a bus rapid transit system. A new fixed guideway capital project is defined in statute to be: (A) A new fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system; or (B) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system. A fixed guideway bus rapid transit project is defined more specifically in statute as a bus capital project: (A) In which the majority of the project operates in a separated right-ofway dedicated for public transportation use during peak periods; (B) that represents a substantial investment in a single route in a defined corridor or subarea; and (C) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including: (i) Defined stations; (ii) traffic signal priority for public transportation vehicles; VerDate Sep<11>2014 18:14 Sep 28, 2020 Jkt 250001 (iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and (iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems. A core capacity improvement project is defined in statute as a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of the corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system. Comprehensive planning work in a corridor for a transit capital project that does not meet the statutory definition above of either a new fixed guideway project or a core capacity improvement project is not eligible under the TOD Pilot Program. ii. Eligible Activities Any comprehensive planning efforts funded under the TOD Pilot Program must address all six aspects of the general authority stipulated in Section 20005(b)(2) of MAP–21: i. Enhances economic development, ridership, and other goals established during the project development and engineering processes; ii. facilitates multimodal connectivity and accessibility; iii. increases access to transit hubs for pedestrian and bicycle traffic; iv. enables mixed-use development; v. identifies infrastructure needs associated with the eligible project; and vi. includes private sector participation. MAP–21 also requires the comprehensive planning effort to advance the metropolitan planning organization’s metropolitan transportation plan. Further, MAP–21 requires applicants to establish performance criteria for the comprehensive planning effort. Following are examples of the types of substantial deliverables that may result from the comprehensive planning work. Substantial deliverables are reports, plans and other materials that represent the key accomplishments of the comprehensive planning effort and that must be submitted to FTA as each is completed. Substantial deliverables may include, but are not restricted to, the following: i. A comprehensive plan report that includes corridor development policies and station development plans, a proposed timeline, and recommended financing strategies for these plans; PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 61089 ii. A strategic plan report that includes corridor specific planning strategies and program recommendations to support comprehensive planning; iii. Revised TOD-focused zoning codes and/or resolutions; iv. A report evaluating and recommending financial tools to encourage TOD implementation such as land banking, value capture, and development financing; v. Policies to encourage TOD, including actions that reduce regulatory barriers that unnecessarily raise the costs of housing development or impede the development of affordable housing; and/or vi. Local or regional resolutions to implement TOD plans and/or establish TOD funding mechanisms. iii. Ineligible Activities Applications should not include the following activities: i. TOD planning work only in a single transit capital project station area; ii. Transit project development activities that would be reimbursable under an FTA capital grant, such as project planning, the design and engineering of stations and other facilities, environmental analyses needed for the transit capital project, or costs associated with specific joint development activities; iii. Capital projects, such as land acquisition, construction, and utility relocation; and iv. Site- or parcel-specific planning, such as the design of individual structures. D. Application and Submission Information 1. Address To Request Application Package Applications must be submitted electronically through GRANTS.GOV. General information for submitting applications through GRANTS.GOV can be found at https://www.transit.dot.gov/ funding/grants/applying/applying-ftafunding along with specific instructions for the forms and attachments required for submission. Mail and fax submissions will not be accepted. 2. Content and Form of Application Submission Proposals must include a completed SF 424 Mandatory form (downloaded from GRANTS.GOV) and the following attachments to the completed SF 424: i. A completed Applicant and Proposal Profile supplemental form for the TOD Pilot Program (supplemental form) found on the FTA website at E:\FR\FM\29SEN1.SGM 29SEN1 jbell on DSKJLSW7X2PROD with NOTICES 61090 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices https://www.transit.dot.gov/TODPilot. The information on the supplemental form will be used to determine applicant and project eligibility for the program, and to evaluate the proposal against the selection criteria described in part E of this notice; ii. A map of the proposed study area showing the transit project alignment and stations, major roadways, major landmarks, and the geographic boundaries of the proposed comprehensive planning activities; iii. Documentation of a partnership between the transit project sponsor and an entity in the project corridor with land use planning authority to conduct the comprehensive planning work, if the applicant does not have both of these responsibilities. Documentation may consist of a memorandum of agreement or letter of intent signed by all parties that describes the parties’ roles and responsibilities in the proposed comprehensive planning project; and iv. Documentation of any funding commitments for the proposed comprehensive planning work. Information such as the applicant’s name, Federal amount requested, local match amount, description of the study area, are requested in varying degrees of detail on both the SF 424 form and supplemental form. Applicants must fill in all fields unless stated otherwise on the forms. Applicants should use both the ‘‘Check Package for Errors’’ and the ‘‘Validate Form’’ buttons on both forms to check all required fields, and ensure that the Federal and local amounts specified are consistent. In the event of errors with the supplemental form, FTA recommends saving the form on your computer and ensuring that JavaScript is enabled in your PDF reader. The information listed below MUST be included on the SF 424 and supplemental forms for TOD Pilot Program funding applications. The SF 424 and supplemental form will prompt applicants to address the following items: 1. Provide the name of the lead applicant and, if applicable, the specific co-sponsors submitting the application. 2. Provide the applicant’s Dun and Bradstreet Data Universal Numbering System (DUNS) number. 3. Provide contact information including: Contact name, title, address, phone number, and email address. 4. Specify the Congressional district(s) where the planning project will take place. 5. Identify whether the planning project is located in a qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z–1. VerDate Sep<11>2014 18:14 Sep 28, 2020 Jkt 250001 6. Identify the project title and project scope to be funded, including anticipated substantial deliverables and the milestones at when they will be provided to FTA. 7. Identify and describe an eligible transit project that meets the requirements of section C, subsection 3 of this notice. 8. Provide evidence of a partnership between the transit project sponsor and at least one agency with land use authority in the transit capital project corridor, as described earlier in this subsection. 9. Address the six aspects of general authority under MAP–21 Section 20005(b)(2). 10. Address each evaluation criterion separately, demonstrating how the project responds to each criterion as described in section E. 11. Provide a line-item budget for the total planning effort, with enough detail to indicate the various key components of the comprehensive planning project. 12. Identify the Federal amount requested. 13. Document the matching funds, including amount and source of the match (may include local or private sector financial participation in the project). Describe whether the matching funds are committed or planned, and include documentation of the commitments. 14. Address whether other Federal funds have been sought or received for the comprehensive planning project. 15. Provide a schedule and process for the development of the comprehensive plan that includes anticipated dates for incorporating the planning work effort into the region’s unified planning work program, completing major tasks and substantial deliverables, and completing the overall planning effort. 16. Describe how the comprehensive planning work advances the metropolitan transportation plan of the metropolitan planning organization. 17. Propose performance criteria for the development and implementation of the comprehensive planning work. 18. Identify potential State, local or other impediments to the products of the comprehensive planning work and its implementation, and how the work will address them. FTA will not consider any additional materials submitted by applicants in its evaluation of proposals. The total length of the completed supplemental form and documentation of partnerships and funding commitments should be no more than 15 pages. PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 3. Unique Entity Identifier and System for Award Management (SAM) Each applicant is required to: (1) Register in SAM before submitting an application; (2) provide a valid unique entity identifier; and (3) continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by FTA. These requirements do not apply if the applicant: (1) Is an individual; (2) is excepted from the requirements under 2 CFR 25.110(b) or (c); or (3) has an exception approved by FTA under 2 CFR 25.110(d). FTA may not make an award until the applicant has complied with all applicable unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time FTA is ready to make an award, FTA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making a Federal award to another applicant. Registration in SAM may take as little as 3–5 business days, but since there could be unexpected steps or delays, FTA recommends allowing ample time, up to several weeks, for completion of all steps. For additional information on obtaining a unique entity identifier, please visit www.sam.gov. 4. Submission Dates and Times Project proposals must be submitted electronically through https:// www.GRANTS.GOV by 11:59 p.m. EDT on October 26, 2020. GRANTS.GOV attaches a time stamp to each application at the time of submission. Proposals submitted after the deadline will not be considered under any circumstances. Mail and fax submissions will not be accepted. Within 48 hours after submitting an electronic application, the applicant should receive two email messages from GRANTS.GOV: (1) Confirmation of successful transmission to GRANTS.GOV; and (2) confirmation of successful validation by GRANTS.GOV. FTA will then validate the application and will attempt to notify any applicants whose applications could not be validated. If the applicant does not receive confirmation of successful validation or a notice of failed validation or incomplete materials, the applicant must address the reason for the failed validation, as described in the email notice, and resubmit before the submission deadline. If making a resubmission for any reason, include all original attachments regardless of which attachments were updated and check E:\FR\FM\29SEN1.SGM 29SEN1 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices the box on the supplemental form indicating this is a resubmission. An application that is submitted at the deadline and cannot be validated will be marked as incomplete, and such applicants will not receive additional time to re-submit. Any addenda that FTA releases on the application process will be posted at https://www.transit.dot.gov/TODPilot. Important: FTA urges applicants to submit their applications at least 96 hours prior to the due date to allow time to receive the validation messages and to correct any problems that may have caused a rejection notification. GRANTS.GOV scheduled maintenance and outage times are announced on the GRANTS.GOV website at https:// www.GRANTS.GOV. Deadlines will not be extended due to scheduled maintenance or outages. Applicants are encouraged to begin the registration process on the GRANTS.GOV site well in advance of the submission deadline. Registration is a multi-step process, which may take several weeks to complete before an application can be submitted. Registered applicants may still be required to take steps to keep their registration up to date before submissions can be made successfully: (1) Registration in the System for Award Management (SAM) is renewed annually and (2) persons making submissions on behalf of the Authorized Organization Representative (AOR) must be authorized in GRANTS.GOV by the AOR to make submissions. Instructions on the GRANTS.GOV registration process are listed in Appendix A. See section C of this NOFO for detailed eligibility requirements. FTA emphasizes that any comprehensive planning projects funded through the TOD Pilot Program must be associated with an eligible transit project, specifically a new fixed guideway project or a core capacity improvement project as defined in Federal transit statute, 49 U.S.C. 5309(a). Projects are not required to be within the Capital Investment Grant Program. E. Application Review Information jbell on DSKJLSW7X2PROD with NOTICES 1. Criteria FTA will evaluate proposals that include all components identified in section D of this notice according to the following three criteria: a. Demonstrated Need FTA will evaluate each project to determine the need for funding based on the following factors: 18:14 Sep 28, 2020 b. Strength of the Work Plan, Schedule and Process FTA will evaluate the strength of the work plan, schedule and process included in an application based on the following factors: i. Extent to which the schedule contains sufficient detail, identifies all steps needed to implement the work proposed, and is achievable; ii. The proportion of the project corridor covered by the work plan; iii. Extent of partnerships, including with non-public sector entities; iv. The partnerships’ technical capability to develop, adopt and implement the comprehensive plans, based on FTA’s assessment of the applicant’s description of the policy formation, implementation, and financial roles of the partners, and the roles and responsibilities of proposed staff; and v. Whether the performance measures identified in the application relate to the goals of the comprehensive planning work. c. Funding Commitments 5. Funding Restrictions VerDate Sep<11>2014 i. Potential state, local or other impediments to implementation of the products of the comprehensive planning effort, and how the workplan will address them; ii. How the proposed work will advance TOD implementation in the corridor and region; iii. Justification as to why Federal funds are needed for the proposed work; and iv. Extent to which the transit project corridor could benefit from TOD planning. Jkt 250001 FTA will assess the status of local matching funds for the planning work. Applications demonstrating that matching funds for the proposed comprehensive planning work are committed will receive higher ratings from FTA on this factor. Proposed comprehensive planning projects for which matching funding sources have been identified, but are not yet committed, will be given lower ratings under this factor by FTA, as will proposed comprehensive planning projects for which in-kind contributions constitute the primary or sole source of matching funds. 2. Review and Selection Process In addition to other FTA staff that may review the proposals, a technical evaluation committee will evaluate proposals based on the published evaluation criteria. Members of the technical evaluation committee and other FTA staff may request additional PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 61091 information from applicants, if necessary. Based on the findings of the technical evaluation committee, the FTA Administrator will determine the final selection of projects for program funding. Among the factors, in determining the allocation of program funds FTA may consider geographic diversity, diversity in the size of the grantees receiving funding, projects located in or that support public transportation service in a qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z–1, or the applicant’s receipt of other competitive awards. FTA may prioritize projects proposed with a higher local share. Addressing the deteriorating conditions and disproportionately high fatality rates on our rural transportation infrastructure is of critical interest to the Department, as rural transportation networks face unique challenges in safety, infrastructure condition, and passenger and freight usage. Consistent with the DOT’s new Rural Opportunities to Use Transportation for Economic Success (R.O.U.T.E.S.) initiative, the Department will consider how the applicant will address the challenges faced by rural areas. FTA will also evaluate the potential for the project to accelerate the introduction of innovative technologies or practices such as integrated fare payment systems permitting complete trips or advancements to propulsion systems. Innovation can also include practices such as new public transportation operational models, financial or procurement arrangements, or value capture. In addition to the criteria and considerations outlined in this section, the FTA Administrator will take into account the following key Departmental objectives: (A) Supporting economic vitality at the national and regional level; (B) Leveraging Federal funding to attract other, non-Federal sources of infrastructure investment, including value capture; (C) Using innovative approaches to improve safety and expedite project delivery; (D) Encourage State and local and tribal governments to reduce regulatory barriers that unnecessarily raise the costs of housing development or impede the development of affordable housing; and (E) Holding grant recipients accountable for their performance and achieving specific, measurable outcomes identified by grant applicants. Prior to making an award, FTA is required to review and consider any information about the applicant that is E:\FR\FM\29SEN1.SGM 29SEN1 61092 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices in the Federal Awardee Performance and Integrity Information Systems (FAPIIS) accessible through SAM. An applicant may review and comment on information about itself that a Federal awarding agency previously entered. FTA will consider any 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 as described in the 2 CFR 200.205 Federal awarding agency review of risk posed by applicants. F. Federal Award Administration Information 1. Federal Award Notices The FTA Administrator will announce the final project selections on the FTA website. Project recipients should contact their FTA Regional Offices for additional information regarding allocations for projects under the TOD Pilot Program. FTA will issue specific guidance to recipients regarding pre-award authority at the time of selection; see subsection 3 below for further information. jbell on DSKJLSW7X2PROD with NOTICES 2. Administrative and National Policy Requirements i. Pre-Award Authority. FTA will issue specific guidance to recipients regarding pre-award authority at the time of selection. FTA does not provide pre-award authority for competitive funds until projects are selected and even then, there are Federal requirements that must be met before costs are incurred. Funds under this NOFO cannot be used to reimburse applicants for otherwise eligible expenses incurred prior to FTA award of a Grant Agreement until FTA has issued pre-award authority for selected projects, or unless FTA has issued a ‘‘Letter of No Prejudice’’ for the project before the expenses are incurred. For more information about FTA’s policy on pre-award authority, please see the FY 2020 Apportionment Notice published on June 3, 2020. https:// www.govinfo.gov/content/pkg/FR-202006-03/pdf/2020-11946.pdf. ii. In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; statutory, regulatory, and public policy requirements, including without limitation, those protecting free speech, religious liberty, public welfare, the VerDate Sep<11>2014 18:14 Sep 28, 2020 Jkt 250001 environment, and prohibiting discrimination; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of the Department of Transportation; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If the Department determines that a recipient has failed to comply with applicable Federal requirements, the Department may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds. iii. Grant Requirements. If selected, awardees will apply for a grant through FTA’s Transit Award Management System (TrAMS). Recipients of TOD Pilot Program funds are subject to the grant requirements of the Section 5303 Metropolitan Planning program, including those of FTA Circular 8100.1C and Circular 5010.1E. All competitive grants, regardless of award amount, will be subject to the Congressional Notification and release process. Technical assistance regarding these requirements is available from each FTA regional office. iv. Planning. FTA encourages applicants to notify the appropriate metropolitan planning organizations in areas likely to be served by the funds made available under this program. Selected projects must be incorporated into the unified planning work programs of metropolitan areas before they are eligible for FTA funding or pre-award authority. v. Standard Assurances. The applicant assures that it will comply with all applicable Federal statutes, regulations, executive orders, directives, FTA circulars, and other Federal administrative requirements in carrying out any project supported by the FTA grant. The applicant acknowledges that it is under a continuing obligation to comply with the terms and conditions of the grant agreement issued for its project with FTA. The applicant understands that Federal laws, regulations, policies, and administrative practices might be modified from time to time and may affect the implementation of the project. The applicant agrees that the most recent Federal requirements will apply to the project, unless FTA issues a PO 00000 Frm 00138 Fmt 4703 Sfmt 9990 written determination otherwise. The applicant must submit the Certifications and Assurances before receiving a grant if it does not have current certifications on file. 3. Reporting Post-award reporting requirements include submission of Federal Financial Reports and Milestone Progress Reports in FTA’s electronic grants management system on a quarterly basis. Awardees must also submit copies of the substantial deliverables identified in the work plan to the FTA regional office at the corresponding milestones. G. Federal Awarding Agency Contacts For program-specific questions, please contact Dwayne Weeks, Office of Planning and Environment, (202) 493– 0316, email: Dwayne.Weeks@dot.gov. A TDD is available at 1–800–877–8339 (TDD/FIRS). Any addenda that FTA releases on the application process will be posted at https:// www.transit.dot.gov/TODPilot. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact FTA directly, rather than through intermediaries or third parties. FTA staff may also conduct briefings on the FY 2020 competitive grants selection and award process upon request. Contact information for FTA’s regional offices can be found on FTA’s website at www.transit.dot.gov. For issues with GRANTS.GOV please contact GRANTS.GOV by phone at 1– 800–518–4726 or by email at support@ grants.gov. H. Technical Assistance and Other Program Information This program is not subject to Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs.’’ K. Jane Williams, Deputy Administrator. [FR Doc. 2020–21473 Filed 9–28–20; 8:45 am] BILLING CODE 4910–57–P E:\FR\FM\29SEN1.SGM 29SEN1

Agencies

[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 61088-61092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21473]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Competitive Funding Opportunity: Pilot Program for Transit-
Oriented Development Planning

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Funding Opportunity (NOFO).

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for approximately $6.22 million of Fiscal Year 
(FY) 2020 funding under the Pilot Program for Transit-Oriented 
Development Planning (Catalog of Federal Domestic Assistance #20.500). 
FTA may award additional funds if they are made available to the 
program prior to the announcement of project selections. As required by 
Federal public transportation law and subject to funding availability, 
funds will be awarded competitively to support comprehensive planning 
associated with new fixed guideway and core capacity improvement 
projects.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. EDT on October 26, 2020. 
Prospective applicants should initiate the process by registering on 
the GRANTS.GOV website promptly to ensure completion of the application 
process before the submission deadline. Instructions for applying can 
be found on FTA's website at https://www.transit.dot.gov/TODPilot and 
in the ``FIND'' module of GRANTS.GOV. The GRANTS.GOV funding 
opportunity ID is FTA-2020-014-TPE. Mail and fax submissions will not 
be accepted.

FOR FURTHER INFORMATION CONTACT: Dwayne Weeks, FTA Office of Planning 
and Environment, (202) 493-0316, or [email protected]. A TDD is 
available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION:

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. Technical Assistance and Other Program Information

A. Program Description

    Section 20005(b) of the Moving Ahead for Progress in the 21st 
Century Act (MAP-21; Pub. L. 112-141, July 6, 2012), with funding 
authorized by 49 U.S.C. 5338(a)(2)(B), authorizes FTA to award funds 
under the Pilot Program for Transit-Oriented Development (TOD) Planning 
(TOD Pilot Program). The TOD Pilot Program grants are competitively 
awarded to local communities to integrate land use and transportation 
planning with a new fixed guideway or core capacity improvement transit 
capital project as defined in Federal public transportation law (49 
U.S.C. 5309(a)). (See section C of this NOFO for more information about 
eligibility.)
    The TOD Pilot Program is intended to fund comprehensive planning 
that supports economic development, ridership, multimodal connectivity 
and accessibility, increased transit access for pedestrian and bicycle 
traffic, and mixed-use development near transit stations. The TOD Pilot 
Program also encourages identification of infrastructure needs and 
engagement with the private sector.
    FTA is seeking comprehensive planning projects covering an entire 
transit capital project corridor, rather than proposals that involve 
planning for individual station areas or only a small section of the 
corridor. To ensure that any proposed planning work both reflects the 
needs and aspirations of the local community, and also results in 
concrete, specific deliverables and outcomes, transit project sponsors 
must partner with entities with land use planning authority in the 
transit project corridor to conduct the planning work.

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5338(a)(2)(B)) 
authorizes FTA to make grants for eligible comprehensive planning 
projects under Section 20005(b) of MAP-21. FTA intends to award all 
available funding ($6.22 million) to selected applicants responding to 
this NOFO. Due to funding limitations, applicants that are selected for 
funding may receive less than the amount originally requested.
    Only proposals from eligible recipients for eligible activities 
will be considered for funding. FTA anticipates minimum grant awards of 
$250,000 and maximum grant awards of $2,000,000.

C. Eligibility Information

1. Eligible Applicants

    Applicants under the TOD Pilot Program must be State or local 
governmental authorities and FTA grant recipients (i.e., existing 
direct and designated recipients) as of the publication date of this 
NOFO. An applicant must be the project sponsor of an eligible transit 
capital project as defined below in section C, subsection 3 or an 
entity with land use planning authority in the project corridor of an 
eligible transit capital project. Except in cases where an applicant is 
both the sponsor of an eligible transit project and has land use 
authority in at least a portion of the transit project corridor, the 
transit project sponsor and at least one entity in the project corridor 
with land use planning authority must partner on the proposed 
comprehensive planning project. Documentation of this partnership must 
be included with the application; see section D, subsection 2 of this 
NOFO for further information.
    Only one application per transit capital project corridor may be 
submitted to FTA. Multiple applications submitted for a single transit 
capital project corridor indicate that partnerships are not in place 
and FTA will reject all of the applications.

2. Cost Sharing or Matching

    The maximum Federal funding share is 80 percent.
    Eligible sources of local match include the following: Cash from 
non-

[[Page 61089]]

Government sources (other than revenues from providing public 
transportation services); revenues derived from the sale of advertising 
and concessions; amounts received under a service agreement with a 
State or local social service agency or private social service 
organization; revenues generated from value capture financing 
mechanisms; funds from an undistributed cash surplus; replacement or 
depreciation cash fund or reserve; or new capital. In-kind 
contributions are permitted. Transportation Development Credits 
(formerly referred to as Toll Revenue Credits) may not be used to 
satisfy the local match requirement. FTA may prioritize projects 
proposed with a higher non-Federal share.

3. Other Eligibility Criteria

i. Eligible Transit Projects
    Any comprehensive planning work proposed for funding under the TOD 
Pilot Program must be associated with an eligible transit capital 
project. Although not required to be part of the Capital Investment 
Grant program, to be eligible, the proposed transit capital project 
must be a new fixed guideway project or a core capacity improvement 
project as defined by Federal public transportation law (49 U.S.C. 
5309(a)).
    A fixed guideway is a public transportation facility:
    (A) Using and occupying a separate right-of-way for the exclusive 
use of public transportation;
    (B) using rail;
    (C) using a fixed catenary system;
    (D) for a passenger ferry system; or
    (E) for a bus rapid transit system.
    A new fixed guideway capital project is defined in statute to be:
    (A) A new fixed guideway project that is a minimum operable segment 
or extension to an existing fixed guideway system; or
    (B) a fixed guideway bus rapid transit project that is a minimum 
operable segment or an extension to an existing bus rapid transit 
system.
    A fixed guideway bus rapid transit project is defined more 
specifically in statute as a bus capital project:
    (A) In which the majority of the project operates in a separated 
right-of-way dedicated for public transportation use during peak 
periods;
    (B) that represents a substantial investment in a single route in a 
defined corridor or subarea; and
    (C) that includes features that emulate the services provided by 
rail fixed guideway public transportation systems, including:
    (i) Defined stations;
    (ii) traffic signal priority for public transportation vehicles;
    (iii) short headway bidirectional services for a substantial part 
of weekdays and weekend days; and
    (iv) any other features the Secretary may determine are necessary 
to produce high-quality public transportation services that emulate the 
services provided by rail fixed guideway public transportation systems.
    A core capacity improvement project is defined in statute as a 
substantial corridor-based capital investment in an existing fixed 
guideway system that increases the capacity of the corridor by not less 
than 10 percent. The term does not include project elements designed to 
maintain a state of good repair of the existing fixed guideway system.
    Comprehensive planning work in a corridor for a transit capital 
project that does not meet the statutory definition above of either a 
new fixed guideway project or a core capacity improvement project is 
not eligible under the TOD Pilot Program.
ii. Eligible Activities
    Any comprehensive planning efforts funded under the TOD Pilot 
Program must address all six aspects of the general authority 
stipulated in Section 20005(b)(2) of MAP-21:
    i. Enhances economic development, ridership, and other goals 
established during the project development and engineering processes;
    ii. facilitates multimodal connectivity and accessibility;
    iii. increases access to transit hubs for pedestrian and bicycle 
traffic;
    iv. enables mixed-use development;
    v. identifies infrastructure needs associated with the eligible 
project; and
    vi. includes private sector participation.
    MAP-21 also requires the comprehensive planning effort to advance 
the metropolitan planning organization's metropolitan transportation 
plan. Further, MAP-21 requires applicants to establish performance 
criteria for the comprehensive planning effort.
    Following are examples of the types of substantial deliverables 
that may result from the comprehensive planning work. Substantial 
deliverables are reports, plans and other materials that represent the 
key accomplishments of the comprehensive planning effort and that must 
be submitted to FTA as each is completed. Substantial deliverables may 
include, but are not restricted to, the following:
    i. A comprehensive plan report that includes corridor development 
policies and station development plans, a proposed timeline, and 
recommended financing strategies for these plans;
    ii. A strategic plan report that includes corridor specific 
planning strategies and program recommendations to support 
comprehensive planning;
    iii. Revised TOD-focused zoning codes and/or resolutions;
    iv. A report evaluating and recommending financial tools to 
encourage TOD implementation such as land banking, value capture, and 
development financing;
    v. Policies to encourage TOD, including actions that reduce 
regulatory barriers that unnecessarily raise the costs of housing 
development or impede the development of affordable housing; and/or
    vi. Local or regional resolutions to implement TOD plans and/or 
establish TOD funding mechanisms.
iii. Ineligible Activities
    Applications should not include the following activities:
    i. TOD planning work only in a single transit capital project 
station area;
    ii. Transit project development activities that would be 
reimbursable under an FTA capital grant, such as project planning, the 
design and engineering of stations and other facilities, environmental 
analyses needed for the transit capital project, or costs associated 
with specific joint development activities;
    iii. Capital projects, such as land acquisition, construction, and 
utility relocation; and
    iv. Site- or parcel-specific planning, such as the design of 
individual structures.

D. Application and Submission Information

1. Address To Request Application Package

    Applications must be submitted electronically through GRANTS.GOV. 
General information for submitting applications through GRANTS.GOV can 
be found at https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding along with specific instructions for the forms and 
attachments required for submission. Mail and fax submissions will not 
be accepted.

2. Content and Form of Application Submission

    Proposals must include a completed SF 424 Mandatory form 
(downloaded from GRANTS.GOV) and the following attachments to the 
completed SF 424:
    i. A completed Applicant and Proposal Profile supplemental form for 
the TOD Pilot Program (supplemental form) found on the FTA website at

[[Page 61090]]

https://www.transit.dot.gov/TODPilot. The information on the 
supplemental form will be used to determine applicant and project 
eligibility for the program, and to evaluate the proposal against the 
selection criteria described in part E of this notice;
    ii. A map of the proposed study area showing the transit project 
alignment and stations, major roadways, major landmarks, and the 
geographic boundaries of the proposed comprehensive planning 
activities;
    iii. Documentation of a partnership between the transit project 
sponsor and an entity in the project corridor with land use planning 
authority to conduct the comprehensive planning work, if the applicant 
does not have both of these responsibilities. Documentation may consist 
of a memorandum of agreement or letter of intent signed by all parties 
that describes the parties' roles and responsibilities in the proposed 
comprehensive planning project; and
    iv. Documentation of any funding commitments for the proposed 
comprehensive planning work.
    Information such as the applicant's name, Federal amount requested, 
local match amount, description of the study area, are requested in 
varying degrees of detail on both the SF 424 form and supplemental 
form. Applicants must fill in all fields unless stated otherwise on the 
forms. Applicants should use both the ``Check Package for Errors'' and 
the ``Validate Form'' buttons on both forms to check all required 
fields, and ensure that the Federal and local amounts specified are 
consistent. In the event of errors with the supplemental form, FTA 
recommends saving the form on your computer and ensuring that 
JavaScript is enabled in your PDF reader. The information listed below 
MUST be included on the SF 424 and supplemental forms for TOD Pilot 
Program funding applications.
    The SF 424 and supplemental form will prompt applicants to address 
the following items:
    1. Provide the name of the lead applicant and, if applicable, the 
specific co-sponsors submitting the application.
    2. Provide the applicant's Dun and Bradstreet Data Universal 
Numbering System (DUNS) number.
    3. Provide contact information including: Contact name, title, 
address, phone number, and email address.
    4. Specify the Congressional district(s) where the planning project 
will take place.
    5. Identify whether the planning project is located in a qualified 
opportunity zone designated pursuant to 26 U.S.C. 1400Z-1.
    6. Identify the project title and project scope to be funded, 
including anticipated substantial deliverables and the milestones at 
when they will be provided to FTA.
    7. Identify and describe an eligible transit project that meets the 
requirements of section C, subsection 3 of this notice.
    8. Provide evidence of a partnership between the transit project 
sponsor and at least one agency with land use authority in the transit 
capital project corridor, as described earlier in this subsection.
    9. Address the six aspects of general authority under MAP-21 
Section 20005(b)(2).
    10. Address each evaluation criterion separately, demonstrating how 
the project responds to each criterion as described in section E.
    11. Provide a line-item budget for the total planning effort, with 
enough detail to indicate the various key components of the 
comprehensive planning project.
    12. Identify the Federal amount requested.
    13. Document the matching funds, including amount and source of the 
match (may include local or private sector financial participation in 
the project). Describe whether the matching funds are committed or 
planned, and include documentation of the commitments.
    14. Address whether other Federal funds have been sought or 
received for the comprehensive planning project.
    15. Provide a schedule and process for the development of the 
comprehensive plan that includes anticipated dates for incorporating 
the planning work effort into the region's unified planning work 
program, completing major tasks and substantial deliverables, and 
completing the overall planning effort.
    16. Describe how the comprehensive planning work advances the 
metropolitan transportation plan of the metropolitan planning 
organization.
    17. Propose performance criteria for the development and 
implementation of the comprehensive planning work.
    18. Identify potential State, local or other impediments to the 
products of the comprehensive planning work and its implementation, and 
how the work will address them.
    FTA will not consider any additional materials submitted by 
applicants in its evaluation of proposals. The total length of the 
completed supplemental form and documentation of partnerships and 
funding commitments should be no more than 15 pages.

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

    Each applicant is required to: (1) Register in SAM before 
submitting an application; (2) provide a valid unique entity 
identifier; and (3) continue to maintain an active SAM registration 
with current information at all times during which the applicant has an 
active Federal award or an application or plan under consideration by 
FTA. These requirements do not apply if the applicant: (1) Is an 
individual; (2) is excepted from the requirements under 2 CFR 25.110(b) 
or (c); or (3) has an exception approved by FTA under 2 CFR 25.110(d). 
FTA may not make an award until the applicant has complied with all 
applicable unique entity identifier and SAM requirements. If an 
applicant has not fully complied with the requirements by the time FTA 
is ready to make an award, FTA may determine that the applicant is not 
qualified to receive an award and use that determination as a basis for 
making a Federal award to another applicant. Registration in SAM may 
take as little as 3-5 business days, but since there could be 
unexpected steps or delays, FTA recommends allowing ample time, up to 
several weeks, for completion of all steps. For additional information 
on obtaining a unique entity identifier, please visit www.sam.gov.

4. Submission Dates and Times

    Project proposals must be submitted electronically through https://www.GRANTS.GOV by 11:59 p.m. EDT on October 26, 2020. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
Proposals submitted after the deadline will not be considered under any 
circumstances. Mail and fax submissions will not be accepted.
    Within 48 hours after submitting an electronic application, the 
applicant should receive two email messages from GRANTS.GOV: (1) 
Confirmation of successful transmission to GRANTS.GOV; and (2) 
confirmation of successful validation by GRANTS.GOV. FTA will then 
validate the application and will attempt to notify any applicants 
whose applications could not be validated. If the applicant does not 
receive confirmation of successful validation or a notice of failed 
validation or incomplete materials, the applicant must address the 
reason for the failed validation, as described in the email notice, and 
resubmit before the submission deadline. If making a resubmission for 
any reason, include all original attachments regardless of which 
attachments were updated and check

[[Page 61091]]

the box on the supplemental form indicating this is a resubmission. An 
application that is submitted at the deadline and cannot be validated 
will be marked as incomplete, and such applicants will not receive 
additional time to re-submit.
    Any addenda that FTA releases on the application process will be 
posted at https://www.transit.dot.gov/TODPilot. Important: FTA urges 
applicants to submit their applications at least 96 hours prior to the 
due date to allow time to receive the validation messages and to 
correct any problems that may have caused a rejection notification. 
GRANTS.GOV scheduled maintenance and outage times are announced on the 
GRANTS.GOV website at https://www.GRANTS.GOV. Deadlines will not be 
extended due to scheduled maintenance or outages.
    Applicants are encouraged to begin the registration process on the 
GRANTS.GOV site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. Registered applicants 
may still be required to take steps to keep their registration up to 
date before submissions can be made successfully: (1) Registration in 
the System for Award Management (SAM) is renewed annually and (2) 
persons making submissions on behalf of the Authorized Organization 
Representative (AOR) must be authorized in GRANTS.GOV by the AOR to 
make submissions. Instructions on the GRANTS.GOV registration process 
are listed in Appendix A.

5. Funding Restrictions

    See section C of this NOFO for detailed eligibility requirements. 
FTA emphasizes that any comprehensive planning projects funded through 
the TOD Pilot Program must be associated with an eligible transit 
project, specifically a new fixed guideway project or a core capacity 
improvement project as defined in Federal transit statute, 49 U.S.C. 
5309(a). Projects are not required to be within the Capital Investment 
Grant Program.

E. Application Review Information

1. Criteria

    FTA will evaluate proposals that include all components identified 
in section D of this notice according to the following three criteria:
a. Demonstrated Need
    FTA will evaluate each project to determine the need for funding 
based on the following factors:
    i. Potential state, local or other impediments to implementation of 
the products of the comprehensive planning effort, and how the workplan 
will address them;
    ii. How the proposed work will advance TOD implementation in the 
corridor and region;
    iii. Justification as to why Federal funds are needed for the 
proposed work; and
    iv. Extent to which the transit project corridor could benefit from 
TOD planning.
b. Strength of the Work Plan, Schedule and Process
    FTA will evaluate the strength of the work plan, schedule and 
process included in an application based on the following factors:
    i. Extent to which the schedule contains sufficient detail, 
identifies all steps needed to implement the work proposed, and is 
achievable;
    ii. The proportion of the project corridor covered by the work 
plan;
    iii. Extent of partnerships, including with non-public sector 
entities;
    iv. The partnerships' technical capability to develop, adopt and 
implement the comprehensive plans, based on FTA's assessment of the 
applicant's description of the policy formation, implementation, and 
financial roles of the partners, and the roles and responsibilities of 
proposed staff; and
    v. Whether the performance measures identified in the application 
relate to the goals of the comprehensive planning work.
c. Funding Commitments
    FTA will assess the status of local matching funds for the planning 
work. Applications demonstrating that matching funds for the proposed 
comprehensive planning work are committed will receive higher ratings 
from FTA on this factor. Proposed comprehensive planning projects for 
which matching funding sources have been identified, but are not yet 
committed, will be given lower ratings under this factor by FTA, as 
will proposed comprehensive planning projects for which in-kind 
contributions constitute the primary or sole source of matching funds.

2. Review and Selection Process

    In addition to other FTA staff that may review the proposals, a 
technical evaluation committee will evaluate proposals based on the 
published evaluation criteria. Members of the technical evaluation 
committee and other FTA staff may request additional information from 
applicants, if necessary. Based on the findings of the technical 
evaluation committee, the FTA Administrator will determine the final 
selection of projects for program funding. Among the factors, in 
determining the allocation of program funds FTA may consider geographic 
diversity, diversity in the size of the grantees receiving funding, 
projects located in or that support public transportation service in a 
qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z-1, or 
the applicant's receipt of other competitive awards. FTA may prioritize 
projects proposed with a higher local share.
    Addressing the deteriorating conditions and disproportionately high 
fatality rates on our rural transportation infrastructure is of 
critical interest to the Department, as rural transportation networks 
face unique challenges in safety, infrastructure condition, and 
passenger and freight usage. Consistent with the DOT's new Rural 
Opportunities to Use Transportation for Economic Success (R.O.U.T.E.S.) 
initiative, the Department will consider how the applicant will address 
the challenges faced by rural areas. FTA will also evaluate the 
potential for the project to accelerate the introduction of innovative 
technologies or practices such as integrated fare payment systems 
permitting complete trips or advancements to propulsion systems. 
Innovation can also include practices such as new public transportation 
operational models, financial or procurement arrangements, or value 
capture.
    In addition to the criteria and considerations outlined in this 
section, the FTA Administrator will take into account the following key 
Departmental objectives:
    (A) Supporting economic vitality at the national and regional 
level;
    (B) Leveraging Federal funding to attract other, non-Federal 
sources of infrastructure investment, including value capture;
    (C) Using innovative approaches to improve safety and expedite 
project delivery;
    (D) Encourage State and local and tribal governments to reduce 
regulatory barriers that unnecessarily raise the costs of housing 
development or impede the development of affordable housing; and
    (E) Holding grant recipients accountable for their performance and 
achieving specific, measurable outcomes identified by grant applicants.
    Prior to making an award, FTA is required to review and consider 
any information about the applicant that is

[[Page 61092]]

in the Federal Awardee Performance and Integrity Information Systems 
(FAPIIS) accessible through SAM. An applicant may review and comment on 
information about itself that a Federal awarding agency previously 
entered. FTA will consider any 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 
as described in the 2 CFR 200.205 Federal awarding agency review of 
risk posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notices

    The FTA Administrator will announce the final project selections on 
the FTA website. Project recipients should contact their FTA Regional 
Offices for additional information regarding allocations for projects 
under the TOD Pilot Program. FTA will issue specific guidance to 
recipients regarding pre-award authority at the time of selection; see 
subsection 3 below for further information.

2. Administrative and National Policy Requirements

    i. Pre-Award Authority.
    FTA will issue specific guidance to recipients regarding pre-award 
authority at the time of selection. FTA does not provide pre-award 
authority for competitive funds until projects are selected and even 
then, there are Federal requirements that must be met before costs are 
incurred. Funds under this NOFO cannot be used to reimburse applicants 
for otherwise eligible expenses incurred prior to FTA award of a Grant 
Agreement until FTA has issued pre-award authority for selected 
projects, or unless FTA has issued a ``Letter of No Prejudice'' for the 
project before the expenses are incurred. For more information about 
FTA's policy on pre-award authority, please see the FY 2020 
Apportionment Notice published on June 3, 2020. https://www.govinfo.gov/content/pkg/FR-2020-06-03/pdf/2020-11946.pdf.
    ii. In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; statutory, 
regulatory, and public policy requirements, including without 
limitation, those protecting free speech, religious liberty, public 
welfare, the environment, and prohibiting discrimination; the 
conditions of performance, non-discrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of the Department of Transportation; and applicable Federal 
financial assistance and contracting principles promulgated by the 
Office of Management and Budget. In complying with these requirements, 
recipients, in particular, must ensure that no concession agreements 
are denied or other contracting decisions made on the basis of speech 
or other activities protected by the First Amendment. If the Department 
determines that a recipient has failed to comply with applicable 
Federal requirements, the Department may terminate the award of funds 
and disallow previously incurred costs, requiring the recipient to 
reimburse any expended award funds.
    iii. Grant Requirements.
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of TOD Pilot Program funds 
are subject to the grant requirements of the Section 5303 Metropolitan 
Planning program, including those of FTA Circular 8100.1C and Circular 
5010.1E. All competitive grants, regardless of award amount, will be 
subject to the Congressional Notification and release process. 
Technical assistance regarding these requirements is available from 
each FTA regional office.
    iv. Planning.
    FTA encourages applicants to notify the appropriate metropolitan 
planning organizations in areas likely to be served by the funds made 
available under this program. Selected projects must be incorporated 
into the unified planning work programs of metropolitan areas before 
they are eligible for FTA funding or pre-award authority.
    v. Standard Assurances.
    The applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, directives, FTA 
circulars, and other Federal administrative requirements in carrying 
out any project supported by the FTA grant. The applicant acknowledges 
that it is under a continuing obligation to comply with the terms and 
conditions of the grant agreement issued for its project with FTA. The 
applicant understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and may 
affect the implementation of the project. The applicant agrees that the 
most recent Federal requirements will apply to the project, unless FTA 
issues a written determination otherwise. The applicant must submit the 
Certifications and Assurances before receiving a grant if it does not 
have current certifications on file.

3. Reporting

    Post-award reporting requirements include submission of Federal 
Financial Reports and Milestone Progress Reports in FTA's electronic 
grants management system on a quarterly basis. Awardees must also 
submit copies of the substantial deliverables identified in the work 
plan to the FTA regional office at the corresponding milestones.

G. Federal Awarding Agency Contacts

    For program-specific questions, please contact Dwayne Weeks, Office 
of Planning and Environment, (202) 493-0316, email: 
[email protected]. A TDD is available at 1-800-877-8339 (TDD/FIRS). 
Any addenda that FTA releases on the application process will be posted 
at https://www.transit.dot.gov/TODPilot. To ensure applicants receive 
accurate information about eligibility or the program, the applicant is 
encouraged to contact FTA directly, rather than through intermediaries 
or third parties. FTA staff may also conduct briefings on the FY 2020 
competitive grants selection and award process upon request. Contact 
information for FTA's regional offices can be found on FTA's website at 
www.transit.dot.gov.
    For issues with GRANTS.GOV please contact GRANTS.GOV by phone at 1-
800-518-4726 or by email at [email protected].

H. Technical Assistance and Other Program Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''

K. Jane Williams,
Deputy Administrator.
[FR Doc. 2020-21473 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-57-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.