FY 2021 Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning, 22094-22100 [2021-08662]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Pages 22094-22100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08662]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2021 Competitive Funding Opportunity: Pilot Program for 
Transit-Oriented Development Planning

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for $10,052,572 in Fiscal Year (FY) 2020 and FY 
2021 funding under the Pilot Program for Transit-Oriented Development 
Planning (TOD Pilot Program) (Federal Assistance Listing: 20.500). 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. FTA may award additional funding that is 
made available to the program prior to the announcement of project 
selections.

[[Page 22095]]


DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. EDT on June 21, 2021. Any 
applicant intending to apply should initiate the process by registering 
on the GRANTS.GOV Website immediately to ensure completion of 
registration 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-2021-004-TPE-TODP. Mail and fax submissions will 
not be accepted.

FOR FURTHER INFORMATION CONTACT: April McLean-McCoy, FTA Office of 
Planning and Environment, (202) 366-7429, 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. Other 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 grants 
under the TOD Pilot Program. This funding opportunity is occurring 
under Federal Assistance Listing number 20.500.
    This program supports FTA's strategic goals and objectives through 
the timely and efficient investment in public transportation. 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). This 
program supports the President's Build Back Better initiative to 
mobilize American ingenuity to build a modern infrastructure and an 
equitable future. In addition, through promotion of increased access 
for environmental justice populations, equity-focused community 
outreach and public engagement of underserved communities and adoption 
of equity-focused policies, reduction of greenhouse gas emissions, and 
by addressing the effects of climate change, the TOD Pilot Program and 
this NOFO advance the goals of Executive Order 13985: Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government; Executive Order 13900: Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis; and 
Executive Order 14008: Tackling the Climate Crisis at Home and Abroad.
    The TOD Pilot Program is intended to fund comprehensive planning 
that supports economic development, increased transit ridership, 
multimodal connectivity and accessibility, improved transit access for 
pedestrian and bicycle traffic, and increased mixed-use development 
near transit stations, and addresses climate change, challenges facing 
environmental justice populations, and racial equity and barriers to 
opportunity. 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 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

    FTA intends to award all available funding (approximately $10 
million) in the form of grants to selected applicants responding to 
this NOFO. Additional funds made available prior to project selection 
may be allocated to eligible projects. 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.
    In the last NOFO that closed on October 16, 2020, the TOD Pilot 
Program received applications for 19 eligible projects requesting a 
total of $15,262,060. Nine (9) projects were funded at a total of 
$6,169,568.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date FY 2021 project selections are announced 
on FTA's website. Funds are available for obligation for four fiscal 
years after the fiscal year in which the competitive awards are 
announced. Funds are available only for projects that have not incurred 
costs prior to the announcement of project selections.

C. Eligibility Information

1. Eligible Applicants

    Applicants of 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 in GRANTS.GOV. 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 applicant must partner with the relevant transit 
project sponsor or at least one entity in the project corridor with 
land use planning authority. 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 non-Federal match include the following: Cash 
from non-Federal 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 non-Federal match requirement.

[[Page 22096]]

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. 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)), 
although it is not required to be approved for funding through the 
Capital Investment Grant program.
    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 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 by 49 U.S.C. 5309(a) 
to mean 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 factors set forth 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 comprising the corridor, 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;
    vi. Actions that increase access to environmental justice 
populations, reduce greenhouse gas emissions, and the effects of 
climate change;
    vii. An equity and inclusion program/plan or equity-focused 
policies related to TOD; or
    viii. Local or regional resolutions to implement TOD plans and/or 
establish TOD funding mechanisms.
iii. Ineligible Activities
    FTA will not make awards for 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

    The application package may be obtained from GRANTS.GOV. 
Applications must be submitted electronically through GRANTS.GOV, and 
general information for submitting applications can be found at https://www.grants.gov/web/grants/applicants.html along with specific 
instructions for the forms and attachments required for submission. The 
Standard Form (SF) 424, Application for Federal Assistance, which must 
be included with every application, can be downloaded from GRANTS.GOV. 
Mail and fax submissions will not be accepted.
    A complete proposal submission consists of two forms in addition to 
other documents described in section 2 below: The SF-424 Application 
for Federal Assistance (available at GRANTS.GOV) and the supplemental 
form for the FY 2021 TOD Pilot Program (available from GRANTS.GOV or 
the FTA website at https://www.transit.dot.gov/TODPilot). Failure to 
submit the information as requested can delay review or disqualify the 
application.

2. Content and Form of Application Submission

    Proposals must include a completed SF-424 Mandatory form and the 
following attachments to the completed SF-424:

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    i. A completed Applicant and Proposal Profile supplemental form for 
the TOD Pilot Program (supplemental form) found on the FTA website at 
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 the project title and project scope to be funded, 
including anticipated substantial deliverables and the milestones at 
when they will be provided to FTA.
    6. Identify and describe an eligible transit project that meets the 
requirements of Section C, subsection 3 of this notice.
    7. 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.
    8. Address the six factors set forth in MAP-21 Section 20005(b)(2).
    9. Address each evaluation criterion separately, demonstrating how 
the project responds to each criterion as described in Section E.
    10. Provide a line-item budget for the total planning effort, with 
enough detail to indicate the various key components of the 
comprehensive planning project.
    11. Identify the Federal amount requested.
    12. 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.
    13. Provide explanation of the scalability of the project.
    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.
    19. Describe how the comprehensive planning work addresses climate 
change and elevates challenges facing environmental justice 
populations.

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

    Each applicant is required to: (1) Be registered in SAM before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; 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. 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. 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). 
SAM registration takes approximately 3-5 business days, but 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.
    Non-Federal entities that have received a Federal award are 
required to report certain civil, criminal, or administrative 
proceedings to SAM (currently the Federal Awardee Performance and 
Integrity Information System (FAPIIS)) to ensure registration 
information is current and comply with federal requirements. Applicants 
should reference 2 CFR 200.113, for more information.

4. Submission Dates and Times

    Project proposals must be submitted electronically through https://www.GRANTS.GOV by 11:59 p.m. EDT on June 21, 2021. GRANTS.GOV attaches 
a time stamp to each application at the time of submission. Proposals 
submitted after the deadline will only be considered under 
extraordinary circumstances not under the applicant's control. 
Applications are time and date stamped by GRANTS.GOV upon successful 
submission. 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

[[Page 22098]]

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 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.
    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 
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.

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 funded through the Capital 
Investment Grant Program. Funds must be used only for the specific 
purposes requested in the application. Funds under this NOFO cannot be 
used to reimburse projects for otherwise eligible expenses incurred 
prior to an FTA award under this program. Refer to Section C.3., 
Eligible Projects, for information on activities that are allowable in 
this grant program. Allowable direct and indirect expenses must be 
consistent with the Governmentwide Uniform Administrative Requirements 
and Cost Principles (2 CFR part 200) and FTA Circulars 5010.1E.

6. Other Submission Requirements

    Applicants are encouraged to identify scaled funding options in 
case insufficient funding is available to fund a project at the full 
requested amount. If an applicant indicates that a project is scalable, 
the applicant must provide an appropriate minimum funding amount that 
will fund an eligible project that achieves the objectives of the 
program and meets all relevant program requirements. The applicant must 
provide a clear explanation of how the project budget would be affected 
by a reduced award. FTA may award a lesser amount regardless of whether 
a scalable option is provided.
    All applications must be submitted via the GRANTS.GOV website. FTA 
does not accept applications on paper, by fax machine, email, or other 
means. For information on application submission requirements, please 
see Section D.1., Address to Request Application and Section D.4., 
Submission Dates and Times.

E. Application Review Information

1. Criteria

    Project proposals will be evaluated primarily on the responses 
provided in the supplemental form. Additional information may be 
provided to support the responses; however, any additional 
documentation must be directly referenced on the supplemental form, 
including the file name where the additional information can be found. 
Applications will be evaluated based on the quality and extent to which 
the following evaluation criteria are addressed.
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.
    v. Extent to which TOD planning will address climate change and 
challenges facing environmental justice populations in the region.
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;
    v. Extent to which this TOD planning effort increases transit 
access for environmental justice populations and allows them to 
participate in this TOD planning effort;
    vi. Extent to which this TOD planning effort incorporates equity-
focused community outreach and public engagement of underserved 
communities in the planning process;
    vii. Extent to which the comprehensive planning work will yield 
zoning policies that are supportive of more housing density near 
transit, easing the pressures that make housing unaffordable or 
insecure for underserved communities;
    viii. Extent to which the comprehensive planning work will reduce 
greenhouse gas emissions and the effects of climate change;
    ix. 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 already 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.

[[Page 22099]]

2. Review and Selection Process

    In addition to other FTA staff that may review the proposals, a 
technical evaluation committee will verify each proposal's eligibility 
and 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. Taking 
into consideration the findings of the technical evaluation committee, 
the FTA Administrator will determine the final selection of projects 
for program funding. After applying the above criteria, in support of 
the President's January 20, 2021, Executive Order 13900, Protecting 
Public Health and the Environment and Restoring Science to Tackle the 
Climate Crisis, the FTA Administrator will consider the extent to which 
applicationsmay provide other air quality benefits as part of the 
application review. Applicants should identify any nonattainment or 
maintenance areas under the Clean Air Act in the proposed service area. 
Nonattainment or maintenance areas should be limited to the following 
applicable National Ambient Air Quality Standards criteria pollutants: 
carbon monoxide, ozone, and particulate matter 2.5 and 10. The U.S. 
Environmental Protection Agency's Green Book (available at https://www.epa.gov/green-book) is a publicly-available resource for 
nonattainment and maintenance area data. This consideration will 
further the goals of the Executive Order, including the goal to 
prioritize environmental justice (EJ).
    In addition, FTA will consider benefits to EJ communities when 
reviewing applications received under this program. Applicants should 
identify any EJ populations located within the proposed service area 
and describe anticipated benefits to that population(s) should the 
applicant receive a grant under this program. A formal EJ analysis that 
is typically included in transportation planning or environmental 
reviews is not requested.
    In support of Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government, FTA 
also will consider the extent to which applications promote racial 
equity and the removal of barriers to opportunity through such 
activities as equity-focused community outreach and public engagement 
of underserved communities in the planning process, and adoption of an 
equity and inclusion program/plan or equity-focused policies related to 
TOD.
    Among the factors, in determining the allocation of program funds 
FTA may consider geographic diversity, diversity in the size of the 
grant recipients receiving funding, or the applicant's receipt of other 
competitive awards. Respectively, FTA will evaluate the proposals to 
determine the extent that the proposed project will address affordable 
housing needs, provide equitable housing choices for environmental 
justice populations, and avoid displacement of low-income households.

3. Federal Awardee Performance and Intergrity Information System 
(FAPIIS)

    Prior to making an award, FTA is required to review and consider 
any information about the applicant that is in the 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 the designated integrity and performance system, 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 Office of Management 
and Budget's Uniform Requirements for Federal Awards (2 CFR 200.206).

F. Federal Award Administration Information

1. Federal Award Notices

    (a) 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.
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 most recent 
Apportionment Notice at: https://www.transit.dot.gov.
ii. 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.

2. Administrative and National Policy Requirements

i. 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.
ii. 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.
iii. Disadvantaged Business Enterprise
    FTA requires that its recipients receiving planning, capital, and/
or operating assistance that will award prime contracts exceeding 
$250,000 in FTA funds in a Federal fiscal year comply with Department 
of Transportation Disadvantaged Business Enterprise (DBE) program 
regulations (49 CFR part 26). Applicants should expect to include any 
funds awarded,

[[Page 22100]]

excluding those to be used for vehicle procurements, in setting their 
overall DBE goal.

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. Applicant should include 
any goals, targets, and indicators referenced in their application to 
the project in the Executive Summary of the TrAMS application. Awardees 
must also submit copies of the substantial deliverables identified in 
the work plan to the FTA regional office at the corresponding 
milestones.
    As part of completing the annual certifications and assurances 
required of FTA grant recipients, a successful applicant must report on 
the suspension or debarment status of itself and its principals. If the 
award recipient's active grants, 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 
an award made pursuant to this Notice, the recipient must comply with 
the Recipient Integrity and Performance Matters reporting requirements 
described in Appendix XII to 2 CFR part 200.''

G. Federal Awarding Agency Contacts

    For program-specific questions, please contact April McLean-McCoy, 
Office of Planning and Environment, (202) 366-7429, 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 2021 competitive grants selection and award process upon 
request. Contact informatiaon for FTA's regional offices can be found 
on FTA's website at www.transit.dot.gov.

H. Other Program Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.'' FTA will consider 
applications for funding only from eligible recipients for eligible 
projects listed in Section C. Complete applications must be submitted 
through GRANTS.GOV by 11:59 p.m. EDT on June 21, 2021.
    For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 
1-800-518-4726 or by email at [email protected]. Contact information 
for FTA's regional offices can be found on FTA's website at 
www.fta.dot.gov.

Nuria I. Fernandez,
Deputy Administrator.
[FR Doc. 2021-08662 Filed 4-23-21; 8:45 am]
BILLING CODE P