FY 2023 Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning, 53585-53594 [2023-16894]
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Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2023–16949 Filed 8–7–23; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2023 Competitive Funding
Opportunity: Pilot Program for TransitOriented Development Planning
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice of funding opportunity
(NOFO).
AGENCY:
The Federal Transit
Administration (FTA) announces the
opportunity to apply for $13,460,978 in
Fiscal Year (FY) 2022 and FY 2023
funding under the Pilot Program for
Transit-Oriented Development Planning
(TOD Pilot Program). As required by
Federal public transportation law and
subject to funding availability, funds
will be awarded competitively to
support comprehensive planning or sitespecific planning associated with new
fixed guideway and core capacity
improvement projects. FTA may award
additional funding that is made
available to the TOD Pilot Program prior
to the announcement of project
selections.
DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. October 10, 2023.
ADDRESSES: Prospective applicants
should initiate the process by registering
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SUMMARY:
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on the GRANTS.GOV website
immediately 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–2023–
011–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 April.McLeanMcCoy@dot.gov.
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), as amended
by section 30009 of the Infrastructure
Investment and Jobs Act (Pub. L. 117–
58) (also called the Bipartisan
Infrastructure Law (BIL)), authorizes
FTA to award grants under the TOD
Pilot Program in the amounts provided
by 49 U.S.C. 5338(a)(2)(B). This funding
opportunity is occurring under Federal
Assistance Listing number 20.500.
This program supports FTA’s
priorities and objectives through
investments that (1) renew our transit
systems, (2) reduce greenhouse gas
emissions from public transportation,
(3) advance racial equity by removing
transportation related disparities to all
populations within a project area and
increasing equitable access to project
benefits, (4) maintain and create goodpaying jobs with a free and fair choice
to join a union, and (5) connect
communities by increasing access to
affordable transportation options. 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). FTA seeks to fund
projects under the TOD Pilot Program
that:
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• Reduce greenhouse gas emissions in
the transportation sector, incorporate
evidence-based climate resilience
measures and features, reduce the
lifecycle greenhouse gas emissions from
the project materials, and avoid adverse
environmental impacts to air or water
quality, wetlands, and endangered
species, and address the
disproportionate negative
environmental impacts of transportation
on disadvantaged communities,
consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and
Abroad (86 FR 7619).
• Create proportional impacts to all
populations in a project area, remove
transportation related disparities to all
populations in a project area, and
increase equitable access to project
benefits, consistent with Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government (86 FR 7009).
• Address equity and environmental
justice, particularly for communities
that have experienced decades of
underinvestment and are most impacted
by climate change, pollution, and
environmental hazards, consistent with
Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86
FR 7619).
• Support the creation of good-paying
jobs with the free and fair choice to join
a union and the incorporation of strong
labor standards and training and
placement programs, especially
registered apprenticeships, in project
planning stages, consistent with
Executive Order 14025, Worker
Organizing and Empowerment (86 FR
22829), and Executive Order 14052,
Implementation of the Infrastructure
Investment and Jobs Act (86 FR 64335).
• Support wealth creation, consistent
with the Department’s Equity Action
Plan, through the inclusion of local
inclusive economic development and
entrepreneurship such as the utilization
of Disadvantaged Business Enterprises,
Minority-owned Businesses, Womenowned Businesses, or 8(a) firms.
• Qualify for Transportation
Infrastructure Finance and Innovation
Act (TIFIA) 49 and Railroad
Rehabilitation and Improvement
Financing (RRIF) TOD financing
program(s) once the TOD planning
study is complete.
Additionally, in support of the
Federal House America Initiative led by
the Department of Housing and Urban
Development, DOT, through this NOFO,
is looking for opportunities to strongly
prioritize TOD planning grants in areas
of high incidence rates of homelessness,
in the hope of providing opportunities
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for localities to address housing
affordability in these areas and
homelessness holistically through their
planning processes.
The TOD Pilot Program intends to
fund comprehensive planning that
supports economic development,
increased transit ridership and value
capture multimodal connectivity,
accessibility, increased transit access for
pedestrian and bicycle traffic, and
mixed-use and mixed-income
development near transit stations;
delivers 40 percent of the overall
benefits of the planning work to
Historically Disadvantaged
Communities (defined below),
consistent with the Justice40 Initiative;
and supports the development of
affordable housing, mitigates climate
change, and addresses challenges facing
environmental justice populations, and
homelessness. The TOD Pilot Program
also encourages the identification of
infrastructure needs and engagement
with the private sector. FTA also
encourages TOD in areas where
communities are trying to preserve,
protect, and increase the supply of
affordable housing. For assets that were
acquired with federal assistance and are
no longer needed for the originally
authorized purpose, the Fiscal Year
2022 National Defense Authorization
Act (NDAA) (Pub. L. 117–81) allows
FTA to authorize the transfer of the
asset to a local governmental authority,
non-profit organization, or other thirdparty entity if, among other factors, it
will be used for TOD that includes
affordable housing (49 U.S.C.
5334(h)(1)).
FTA is seeking comprehensive or sitespecific planning projects that cover an
entire transit capital project 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 in the form of grants to selected
applicants responding to this NOFO. A
total of $13,460,978 will be made
available through this NOFO. The
authorized funding level in BIL is
$13,432,051 in Fiscal Year (FY) 2023
funds, with an additional $28,927
remaining from the FY 2022
appropriation. Additional funds made
available prior to project selection may
be allocated to eligible projects. Only
proposals from eligible recipients for
eligible activities will be considered for
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funding. Due to funding limitations,
applicants that are selected for funding
may receive less than the amount
originally requested and are thus
encouraged to identify a scaled funding
request in their application.
In response to the FY 2022 NOFO (87
FR 32069, which closed on July 25,
2022), the TOD Pilot Program received
applications for 23 eligible projects
requesting a total of $17,332,094. Of the
23 eligible applications received, 19
projects were funded at a total of
$13,131,094.
FTA will grant pre-award authority,
consistent with 2 CFR 200.458, for
selected projects to incur costs
beginning on the date FY 2023 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 to the TOD Pilot Program
must be a State or States, U.S. Territory,
or local governmental authority, and an
FTA grant recipient (i.e., existing direct
or 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 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
may reject all of the applications. FTA
will accept multiple applications for the
same corridor if each application is a
site-specific application, the
applications are submitted by separate
applicants with different land-use
authorities, and a given application does
not overlap with any other application
that would cover the same site.
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2. Cost Sharing or Matching
In general, the maximum Federal
funding share for proposals is 80
percent. Proposals that support
planning activities that assist parts of an
urbanized area or rural area with lower
population density or lower average
income levels compared to the
applicable area or adjoining areas are
eligible to receive a Federal funding
share of no less than 90 percent and
applicants may request a share up to
100 percent (see the March 21, 2023
Dear Colleague letter: https://
www.transit.dot.gov/regulations-andprograms/dear-colleague-letters/dearcolleague-letter-increased-federal-shareunder). Proposals that address three or
more activities related to the
development of affordable housing (see
section C.3.ii.v) will receive a Federal
funding share of 100 percent.
Eligible sources of non-Federal match
include the following: cash from nonFederal 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 funding. 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.
3. Other Eligibility Criteria
i. Eligible Transit Projects
Any comprehensive or site-specific
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. 5302(8)).
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 (49 U.S.C. 5309(a)) to be:
(A) A new fixed guideway project that
is a minimum operable segment or
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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 (49 U.S.C. 5309(a))
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;
(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 or site-specific
planning work in a corridor for a transit
capital project that does not meet the
statutory definitions 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
As outlined in the Application
Review Information section below, any
comprehensive or site-specific planning
funded under the TOD Pilot Program
must address all six factors set forth in
section 20005(b)(2) of MAP–21, as
amended by section 30009 of BIL.
Additionally, the comprehensive or sitespecific planning effort must advance
the metropolitan planning
organization’s metropolitan
transportation plan. Applicants must
establish performance criteria for the
planning effort.
The following are examples of the
types of substantial deliverables that
may result from the comprehensive or
site-specific planning work. Substantial
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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 or the specific
site, 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. Affordable Housing:
1. Policies that reduce regulatory
barriers to the development of
affordable housing such as inclusionary
zoning that specifies a percentage of
new units affordable for targeted
incomes or the provision of density
bonuses for the creation of affordable
housing units;
2. Policies that support affordable
rental opportunities;
3. Policies that reduce parking
standards;
4. Policies that support permanent
affordable housing for disadvantaged
groups in areas with high incidence
rates of homelessness; and
5. Policies that encourage streamlined
permitting for affordable housing units;
vi. 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;
vii. Policies to encourage TOD,
including actions that increase access to
environmental justice populations,
reduces greenhouse gas emissions, and
the effects of climate change;
viii. Local or regional resolutions to
implement TOD plans and/or establish
TOD funding mechanisms;
ix. Policies to prioritize TOD in areas
with high incidence rates of
homelessness for localities to address
homelessness holistically through their
planning processes.
iii. Ineligible Activities
FTA will not make awards for the
following activities:
i. Transit project development
activities that would be reimbursable
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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; and
ii. Capital projects, such as land
acquisition, construction, and utility
relocation.
D. Application and Submission
Information
1. Address To Request Application
Package
Applications must be submitted
electronically through GRANTS.GOV.
The application is only available on
GRANTS.GOV and must be submitted
electronically through GRANTS.GOV.
General information for submitting
applications through GRANTS.GOV can
be found at https://www.transit.dot.gov/
howtoapply 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. The supplemental form
for the FY 2023 TOD Pilot Program can
be downloaded from GRANTS.GOV or
the FTA website at https://
www.transit.dot.gov/TODPilot. The
GRANTS.GOV funding opportunity ID
is FTA–2023–011–TPE–TODP.
2. Content and Form of Application
Submission
Failure to submit information as
requested can delay review or disqualify
the application. Proposals must include
a completed SF–424 Mandatory form
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
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
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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 or site-specific planning
work.
Information such as the applicant’s
name, Federal amount requested, local
match amount, and 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 Unique
Entity Identifier (UEI), assigned by
SAM.gov.
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 which 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. Provide evidence of a partnership
between transit project sponsor and an
entity in the project corridor and those
that support unhoused populations and
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address affordable housing, such as
cities, municipalities, non-profit
organizations, and housing authority.
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. Provide explanation of the
scalability of the project.
15. Address whether other Federal
funds have been sought or received for
the comprehensive or site-specific
planning project.
16. 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.
17. Describe how the comprehensive
or site-specific planning work advances
the metropolitan transportation plan of
the metropolitan planning organization.
18. Propose performance criteria for
the development and implementation of
the comprehensive or site-specific
planning work.
19. Identify potential State, local, or
other impediments to the
implementation of the comprehensive
plan or site-specific plan, and how the
work will address them.
20. Describe how the comprehensive
or site-specific planning work addresses
climate change and elevates challenges
facing environmental justice
populations
21. Describe how the comprehensive
or site-specific planning work allows 40
percent of the overall benefits to flow to
Historically Disadvantaged
Communities (defined below).
22. Describe how the comprehensive
or site-specific planning work
prioritizes TOD plans in areas with high
incidence rates of homelessness and
addresses homelessness holistically
through their planning processes.
Describe how the comprehensive or sitespecific planning work prioritizes TOD
plans in areas with high incidence rates
of homelessness and addresses housing
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affordability holistically through their
planning processes.
23. Describe how the comprehensive
or site-specific planning work addresses
the historic displacement of historically
disadvantaged populations and how it
seeks to mitigate the displacement or
improve the conditions for populations
at risk of displacement, if possible. In
addition, describe how local residents
surrounding the comprehensive or sitespecific planning work will be included
in community engagement, especially
those who have been historically
excluded.
24. Describe how the comprehensive
or site-specific planning work includes
value capture elements.
25. Describe the community input
process for your comprehensive or sitespecific planning work.
26. Identify infrastructure needs
associated with the eligible project.
27. Describe how the comprehensive
or site-specific planning work
incorporates affordable housing or other
mixed-income elements.
28. Applicants must address how the
project will consider climate change and
environmental justice in the planning
stage and in project delivery. In
particular, applicants must address how
the project reduces greenhouse gas
emissions in the transportation sector,
incorporates evidence-based climate
resilience measures and features, and
reduces the lifecycle greenhouse gas
emissions from the project materials.
Applicants also must address the extent
to which the project avoids adverse
environmental impacts to air or water
quality, wetlands, and endangered
species, as well as address
disproportionate negative impacts of
climate change and pollution on
disadvantaged communities, including
natural disasters, with a focus on
prevention, response, and recovery.
29. Applicants must address how
their project will include an equity
assessment that evaluates whether a
project will create proportional impacts
and remove transportation related
disparities to all populations in a project
area. Applicants must demonstrate how
meaningful public engagement will
occur throughout a project’s life cycle.
Applicants must address how project
benefits will increase affordable
transportation options, improve safety,
connect Americans to good-paying jobs,
fight climate change, and/or improve
access to resources and quality of life.
30. Applicants must address all the
applicable criteria and priority
considerations identified in Section E.
FTA will also give priority
consideration to projects that support
the Justice40 initiative. In support of
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Executive Order 14008, DOT has been
developing a geographic definition of
Historically Disadvantaged
Communities as part of its
implementation of the Justice40
Initiative. Consistent with OMB’s
Interim Guidance for the Justice40
Initiative, Historically Disadvantaged
Communities include (a) certain
qualifying census tracts, (b) any Tribal
land, or (c) any territory or possession
of the United States. Applicants are
encouraged to use Climate & Economic
Justice Screening Tool (CEJST), a new
tool by the White House Council on
Environmental Quality (CEQ), that aims
to help Federal agencies identify
disadvantaged communities. Applicants
should use CEJST as the primary tool to
identify disadvantaged communities.
This tool can be found at https://
screeningtool.geoplatform.gov.
Alternatively, applicants may also use
the USDOT Equitable Transportation
Community (ETC) Explorer (https://
experience.arcgis.com/experience/
0920984aa80a4362b8778d779b090723/
page/Homepage/) to understand how
their community or project area is
experiencing disadvantages related to
lack of transportation investments or
opportunities. Use of either mapping
tool is optional; applicants may provide
an image from the map tool outputs, or
alternatively, consistent with OMB’s
Interim Guidance, applicants can
supply quantitative, demographic data
of their ridership demonstrating the
percentage of their ridership that meets
the criteria for disadvantage described
in Executive Order 14008. Examples of
indicators for Historically
Disadvantaged Communities that an
applicant could address using
geographic or demographic information
include percentages of low income, high
or persistent poverty, high
unemployment and underemployment,
racial and ethnic residential segregation,
linguistic isolation, high housing cost
burden and substandard housing, and
high transportation cost burden and/or
low transportation access. Additionally,
in support of the Justice40 Initiative, the
applicant also should provide evidence
of strategies that the applicant has used
in the planning process to seek out and
consider the needs of those historically
disadvantaged and underserved by
existing transportation systems. For
technical assistance using the mapping
tool, please contact GMO@dot.gov.
Project budgets must show how
different funding sources will share in
each activity and present the data in
dollars and percentages. The budget
should identify other Federal funds the
applicant is applying for or has been
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awarded, if any, that the applicant
intends to use. Funding sources should
be grouped into three categories: nonFederal, the Pilot Program for TransitOriented Development Planning
request, and other Federal, with specific
amounts from each funding source
provided.
Due to funding limitations, projects
that are selected for funding may receive
less than the amount originally
requested, even if an application did not
present a scaled project option. In those
cases, applicants must be able to
demonstrate that the proposed projects
are still viable and can be completed
with the amount awarded.
Sharing of Application Information—
The Department may share application
information within the Department or
with other Federal agencies if the
Department determines that sharing is
relevant to the respective program’s
objectives.
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 is excepted from registration
per 2 CFR 25.110. 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 https://
www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted
electronically through https://
www.GRANTS.GOV by 11:59 p.m.
Eastern Time October 10, 2023.
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.
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Applications are time and date stamped
by GRANTS.GOV upon successful
submission. Mail, email, 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
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 or
site-specific planning projects funded
through the TOD Pilot Program must be
associated with an eligible transit
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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
Grants 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 FTA’s announcement
of project selections and issuance of preaward authority. 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
Government-wide Uniform
Administrative Requirements and Cost
Principles (2 CFR part 200) and FTA
Circular 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 or
by fax, 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.
FTA encourages applicants to:
• Demonstrate whether they have
considered climate change, housing
affordability, and environmental justice
in terms of the transportation planning
process or anticipated design
components with outcomes that address
climate change (e.g., resilience or
adaptation measures).
• Describe what specific climate
change, affordable housing, or
environmental justice activities have
been incorporated, including whether a
project supports a Climate Action Plan,
whether an equitable development plan
has been prepared, and whether tools
such as the Environmental Protection
Agency’s (EPA) EJSCREEN at: https://
www.epa.gov/ejscreen or DOT’s
Historically Disadvantaged Community
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tool at: https://usdot.maps.arcgis.com/
apps/dashboards/d6f90dfcc8b44525b
04c7ce748a3674a have been applied in
project planning.
• Address how a project is related to
housing or land use reforms to increase
density, and helps to reduce climate
impacts. The application should also
describe specific and direct ways the
project will mitigate or reduce climate
change impacts including any
components that reduce emissions,
promote energy efficiency, incorporate
electrification or low emission or zero
emission vehicle infrastructure, increase
resilience, recycle or redevelop existing
infrastructure or if located in a
floodplain be constructed or upgraded
consistent with the Federal Flood Risk
Management Standard, to the extent
consistent with current law.
In addition, FTA will consider
benefits to Environmental Justice (EJ)
populations (E.O. 12898) when
reviewing applications received under
this program.
• 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.
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. Project Factors
Whether the project funded under the
TOD Pilot Program addresses all six
factors set forth in Section 20005(b)(2)
of MAP–21, as amended by section
30009 of BIL:
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. encourages affordable housing,
particularly in areas with high
incidence rates of homelessness;
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vi. identifies infrastructure needs
associated with the eligible project; and
vii. includes private sector
participation.
b. Demonstrated Need
FTA will evaluate each project to
determine the need for funding based on
the following factors:
i. How the proposed work will
advance TOD implementation in the
corridor and region;
ii. Justification as to why Federal
funds are needed for the proposed work;
iii. Extent to which the transit project
corridor could benefit from TOD
planning;
iv. Extent to which TOD planning will
address climate change, affordable
housing, and challenges facing
environmental justice populations.
c. Strength of the Work Plan, Schedule
and Process
FTA will evaluate the strength of the
work plan, schedule, and process
included in the application based on the
following factors:
i. Potential state, local, or other
impediments to the implementation of
the comprehensive or site-specific plan,
and how the workplan will address
them;
ii. Extent to which the schedule
contains sufficient detail, identifies all
steps needed to implement the work
proposed, and is achievable;
iii. The proportion of the project
corridor covered by the work plan;
iv. Extent of partnerships, including
how community stakeholders will
engage and consider the needs of those
traditionally underserved by existing
transportation systems, such as lowincome and minority households, and
unhoused populations, who may face
challenges accessing employment and
other services.
v. 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;
vi. Extent to which this TOD planning
effort increases access for environmental
justice populations and allows them to
participate in this TOD planning effort;
vii. Extent to which the TOD planning
effort increases affordable housing
supply;
viii. Extent to which the
comprehensive planning work will
reduce greenhouse gas emissions and
the effects of climate change;
ix. How the performance measures
identified in the application relate to the
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goals of the comprehensive planning
work.
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d. Funding Commitments
FTA will assess the status of local
matching funds for the planning work.
In general, the maximum Federal
funding share for proposals is 80
percent. Proposals that support
planning activities that assist parts of an
urbanized area or rural area with lower
population density or lower average
income levels compared to the
applicable area or adjoining areas will
receive a Federal funding share of no
less than 90 percent and applicants may
request a share up to 100 percent (see
the March 21, 2023, Dear Colleague
letter: https://www.transit.dot.gov/sites/
fta.dot.gov/files/2023-03/DearColleague-Letter-Non-Federal-ShareWaiver-for-Complete-StreetsPlanning.pdf). Proposals that address
three or more activities related to the
development of affordable housing (see
section C.3.ii.v) will receive a Federal
funding share of 100 percent.
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
match.
2. Review and Selection Process
An FTA technical evaluation
committee will verify each proposal’s
eligibility and evaluate proposals based
on the published evaluation criteria.
FTA may request additional information
from applicants, if necessary.
After completing the merit review,
among projects of similar merit, DOT
will prioritize projects that:
1. Significantly reduce greenhouse gas
emissions in the transportation sector,
such as through utilizing fiscally
responsible land use; increasing the use
of energy efficient modes of
transportation like transit, rail, and
active transportation; transitioning to
clean vehicles and fuels, including
through electrification; and/or
incorporating carbon-reducing uses of
the right-of-way or other carbon
reduction strategies.
2. Incorporate evidence-based climate
resilience measures or features, such as
using best-available climate data sets,
information resources, and decisionsupport tools (including USDOT and
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other federal resources) to assess the
climate-related vulnerability and risk of
the project; developing and deploying
resilience solutions to address those
risks; incorporating nature-based
solutions; constructing or upgrading
infrastructure using the Federal Flood
Risk Management Standard, consistent
with current law; and monitoring
performance of climate resilience
measures.
3. Address the disproportionate
negative environmental impacts of
transportation on disadvantaged
communities; such as considering the
benefits and burdens a project may
create, and what communities would be
most affected.
4. Avoid adverse environmental
impacts to air or water quality,
wetlands, and endangered species; such
as through reduction in Clean Air Act
criteria pollutants and greenhouse gases,
improved stormwater management, or
improved habitat connectivity.
5. Enable all people within the
multimodal transportation networks to
reach their desired destination safely,
affordably, and with a comparable level
of efficiency and ease.
6. Reconnect communities and
mitigate neighborhood bifurcation
through land bridges, caps, lids, linear
parks, investments in walking, biking
and rolling assets, and other solutions.
7. Address the disproportional
impacts of crashes on underserved
communities, including individuals
with disabilities.
8. Expand access to critical
community services such as education
and healthcare through mass transit
services.
9. Increase housing supply,
particularly location-efficient affordable
housing, locally-driven land use and
zoning reform, rural main street
revitalization, growth management, and
transit-oriented development.
10. Address the unique challenges
rural and Tribal communities face
related to mobility and economic
development, including isolation,
transportation cost burden, and traffic
safety (pursuant to DOT’s Rural
Opportunities to Use Transportation for
Economic Success (ROUTES) initiative).
11. Encourage an increase in housing
supply, particularly location-efficient
affordable housing, locally-driven land
use and zoning reform, rural main street
revitalization, growth management, and
transit-oriented development, pursuant
to the White House Housing Supply
Action Plan (https://
www.whitehouse.gov/briefing-room/
statements-releases/2022/05/16/
president-biden-announces-new-
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actions-to-ease-the-burden-of-housingcosts/).
12. Incorporate and support integrated
land use, economic development, and
transportation planning to improve the
movement of people and goods and
local fiscal health, and to facilitate
greater public and private investments
and strategies in land-use productivity,
including rural main street
revitalization or an increase in the
production or preservation of locationefficient housing.
13. Provide the plan to conduct
meaningful public involvement that
includes underserved communities
throughout the project lifecycle and
uses a meaningful public involvement
process. Additionally, consider the
benefits and potential burdens a project
may create, who would experience
them, and how they may be measured
over time, with a specific focus on how
the benefits and potential burdens will
impact underserved/disadvantaged
communities.
14. Benefit underserved/Historically
Disadvantaged Communities, including
benefits that would accrue to
underserved/Historically Disadvantaged
Communities outside of the specific
project area. Use DOT’s Transportation
Disadvantaged Census Tracts
(arcgis.com) tool to identify whether the
project impact area encompasses
disadvantaged communities. A
screenshot of the results is encouraged.
Furthermore, applicants are encouraged
to use equity screening tools such as
DOT’s STEAP (Screening Tool for
Equity Analysis of Projects) (https://
hepgis.fhwa.dot.gov/fhwagis/buffertool/)
as a resource for developing equity
assessments.
In support of Executive Order 14008,
and consistent with OMB’s Interim
Guidance for the Justice40 Initiative,
Historically Disadvantaged
Communities include (a) certain
qualifying census tracts, (b) any Tribal
land, or (c) any territory or possession
of the United States. Applicants are
encouraged to use Climate & Economic
Justice Screening Tool (CEJST), a new
tool by the White House Council on
Environmental Quality (CEQ), that aims
to help Federal agencies identify
disadvantaged communities as part of
the Justice40 initiative to accomplish
the goal that 40 percent of benefits from
certain federal investment reach
disadvantaged communities. Applicants
should use CEJST as the primary tool to
identify disadvantaged communities
(Justice40 communities). Applicants are
strongly encouraged to use the USDOT
Equitable Transportation Community
(ETC) Explorer to understand how their
community or project area is
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experiencing disadvantage related to
lack of transportation investments or
opportunities. Through understanding
how a community or project area is
experiencing transportation-related
disadvantage, applicants are able to
address how the benefits of a project
will reverse or mitigate the burdens of
disadvantage and demonstrate how the
project will address challenges and
accrued benefits. Use of the map tool(s)
is optional; applicants may provide an
image of the map tool outputs or,
alternatively, consistent with OMB’s
Interim Guidance, applicants can
supply quantitative, demographic data
of their ridership demonstrating the
percentage of their ridership that meets
the criteria described in Executive Order
14008 for disadvantage. Examples of
Historically Disadvantaged
Communities that an applicant could
address using geographic or
demographic information include low
income, high and/or persistent poverty,
high unemployment and
underemployment, racial and ethnic
residential segregation, linguistic
isolation, or high housing cost burden
and substandard housing. Additionally,
in support of the Justice40 Initiative, the
applicant also should provide evidence
of strategies that the applicant has used
in the planning process to seek out and
consider the needs of those traditionally
disadvantaged and underserved by
existing transportation systems. For
technical assistance using the mapping
tool, please contact GMO@dot.gov.
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 and existing
small businesses.
Among the factors in determining the
allocation of program funds, FTA may
consider geographic diversity, diversity
in the size of the grantees receiving
funding, or the applicant’s receipt of
other competitive awards. Additionally,
taking into consideration the findings of
the technical evaluation committee, the
FTA Administrator will determine the
final selection of projects for program
funding.
3. Integrity and Performance Review
Prior to making an award, FTA is
required to review and consider any
information about the applicant that is
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.
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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 200.205).
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.
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: FTA
Fiscal Year 2023 Apportionments,
Allocations and Program Information |
US Department of Transportation
(https://www.transportation.gov/
bipartisan-infrastructure-law/
regulations/2023-07761).
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 (https://
www.transit.dot.gov/regulations-andguidance/fta-circulars/programguidance-metropolitan-planning-andstate-planning-a-0) and Circular 5010.1E
(https://www.transit.dot.gov/
regulations-and-guidance/fta-circulars/
award-management-requirementscircular-50101e). All competitive grants,
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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.
Additionally, recipients of TOD Pilot
Program funds are required to
participate in a briefing on the USDOTBuild America Bureau, TIFIA/RRIF
financing program.
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 (https://
www.transit.dot.gov/funding/granteeresources/certifications-and-assurances/
certifications-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,
excluding those to be used for vehicle
procurements, in setting their overall
DBE goal.
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iv. Civil Rights and Title VI
As a condition of a grant award, grant
recipients must demonstrate that the
recipient has a plan for compliance with
civil rights obligations and
nondiscrimination laws, including Title
VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR part
21), the Americans with Disabilities Act
of 1990 (ADA), Section 504 of the
Rehabilitation Act, all other civil rights
requirements, and accompanying
regulations. This should include a
current Title VI plan, completed
Community Participation Plan, and a
plan to address any legacy infrastructure
or facilities that are not compliant with
ADA standards. DOT’s and FTA’s Office
of Civil Rights may work with awarded
grant recipients to ensure full
compliance with Federal civil rights
requirements.
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v. Performance and Program Evaluation
Recipients and subrecipients are also
encouraged to incorporate program
evaluation including associated data
collection activities from the outset of
their program design and
implementation to meaningfully
document and measure their progress
towards meeting an agency priority
goal(s). Title I of the Foundations for
Evidence-Based Policymaking Act of
2018 (Evidence Act), (Public Law 115–
435) urges Federal awarding agencies
and Federal assistance recipients and
subrecipients to use program evaluation
as a critical tool to learn, to improve
equitable delivery, and to elevate
program service and delivery across the
program lifecycle. Evaluation means ‘‘an
assessment using systematic data
collection and analysis of one or more
programs, policies, and organizations
intended to assess their effectiveness
and efficiency’’ (5 U.S.C. 311). Credible
program evaluation activities are
implemented with relevance and utility,
rigor, independence and objectivity,
transparency, and ethics (OMB Circular
A–11, Part 6, Section 290).
For grant recipients receiving an
award, evaluation costs are allowable
costs (either as direct or indirect), unless
prohibited by statute or regulation, and
such costs may include the personnel
and equipment needed for data
infrastructure and expertise in data
analysis, performance, and evaluation
(2 CFR part 200).
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. Applicants
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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.
It is the policy of the United States to
strengthen the security and resilience of
its critical infrastructure against both
physical and cyber threats. Each
applicant selected for Federal funding
under this notice must demonstrate,
prior to the signing of the grant
agreement, effort to consider and
address physical and cyber security
risks relevant to the transportation mode
and type and scale of the project.
Projects that have not appropriately
considered and addressed physical and
cyber security and resilience in their
planning, design, and project oversight,
as determined by the Department and
the Department of Homeland Security,
will be required to do so before
receiving funds for construction,
consistent with Presidential Policy
Directive 21—Critical Infrastructure
Security and Resilience and the
National Security Presidential
Improving Cybersecurity for Critical
Infrastructure Control Systems.
As expressed in Executive Order
14005, ‘Ensuring the Future Is Made in
All of America by All of America’s
Workers’ (86 FR 7475), the executive
branch should maximize, consistent
with law, the use of goods, products,
and materials produced in, and services
offered in, the United States. Funds
made available under this notice are
subject to the domestic preference
requirements:
(a) Except as provided in 49 CFR
661.7 and 661.11, no funds may be
obligated by FTA for a grantee project
unless all iron, steel, manufactured
products, and construction materials
used in the project are produced in the
United States.
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53593
(b) All steel and iron manufacturing
processes must take place in the United
States, except metallurgical processes
involving refinement of steel additives.
(c) The steel and iron requirements
apply to all construction materials made
primarily of steel or iron and used in
infrastructure projects such as transit or
maintenance facilities, rail lines, and
bridges. These items include, but are not
limited to, structural steel or iron, steel
or iron beams and columns, running rail
and contact rail. These requirements do
not apply to steel or iron used as
components or subcomponents of other
manufactured products or rolling stock,
or to bimetallic power rail incorporating
steel or iron components.
(d) For a manufactured product to be
considered produced in the United
States:
(1) All of the manufacturing processes
for the product must take place in the
United States; and
(2) All of the components of the
product must be of U.S. origin. A
component is considered of U.S. origin
if it is manufactured in the United
States, regardless of the origin of its
subcomponents.
The Department expects all applicants
to comply with that requirement.
G. Federal Awarding Agency Contacts
For program-specific questions, please
contact April McLean-McCoy, Office of
Planning and Environment, (202) 366–
7429, email: April.McLeanMcCoy@
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 2023 competitive grants
selection and award process upon
request.
For issues with GRANTS.GOV, please
contact GRANTS.GOV by phone at 1–
800–518–4726 or by email at support@
grants.gov. Contact information for
FTA’s regional offices can be found on
FTA’s website at https://
www.transit.dot.gov.
H. Other Program Information
This program is not subject to
Executive Order 12372,
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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Notices
‘‘Intergovernmental Review of Federal
Programs.’’
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023–16894 Filed 8–7–23; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Bureau of Transportation Statistics
[Docket Number OST–2023–0115]
Agency Information Collection
Activity; Notice of Request for
Approval To Collect New Information:
Safe Maritime Transportation System
(SafeMTS)—Voluntary Near-Miss
Incident Reporting and Analysis
System
Bureau of Transportation
Statistics (BTS), Office of the Assistant
Secretary for Research and Technology
(OST–R), U.S. Department of
Transportation.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
requirements of section 3506(c)(2)(A) of
Title 44 of the U.S. Code (Paperwork
Reduction Act of 1995), this notice
announces the intention of BTS to
request the Office of Management and
Budget (OMB) to approve a new data
collection: SafeMTS—Voluntary NearMiss Reporting and Analysis System.
DATES: Written comments should be
submitted by October 10, 2023.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
by only one of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically. Docket
Number: OST–2023–0115.
• Mail: Docket Services, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: Deliver to mail
address above between 9 a.m. and 5
p.m. EST, Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. Note that all comments
received will be posted without change
to https://www.regulations.gov,
including any personal information
provided. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
20:00 Aug 07, 2023
Jkt 259001
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
docket, or go to the street address listed
above.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. 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 www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Allison Fischman, Office of Safety Data
and Analysis, Bureau of Transportation
Statistics, Office of the Assistant
Secretary for Research and Technology,
U.S. Department of Transportation,
RTS–35, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001,
allison.fischman@dot.gov, (202)-748–
0546.
SUPPLEMENTARY INFORMATION:
In August 2022, the Maritime
Administration’s (MARAD) Office of
Safety and BTS signed an Interagency
Agreement (IAA) to develop and
implement SafeMTS, a voluntary
program for confidential reporting of
‘near-misses’ occurring on vessels
within the Maritime Transportation
System (MTS). The SafeMTS program
provides a trusted, proactive means for
the maritime industry to report sensitive
and proprietary safety information, and
to identify early warnings of safety
problems and potential safety issues by
uncovering hidden, at-risk conditions
not previously exposed from analysis of
reportable accidents and incidents.
Companies participating in SafeMTS are
voluntarily submitting safety data.
There is no regulatory requirement to
submit such data.
The scope of SafeMTS includes a
broad range of data categories to
promote safe operations and appropriate
risk management, which adds a learning
component to assist the maritime
industry in achieving improved safety
performance. BTS will be the repository
for the data and will analyze and
aggregate information proffered under
this program. BTS will publish
aggregated analyses providing
information on potential causal factors
and trends or patterns before safety is
compromised and affording continuous
improvement opportunities by focusing
on repairing impediments to safety. This
information collection is necessary to
aid MARAD, the maritime industry, and
other stakeholders in identifying safety
trends and causes of near-miss
incidents.
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Title: SafeMTS—Near-Miss Reporting
and Analysis Program for the Maritime
Transportation System.
OMB Control Number: Not yet known.
Type of Request: New collection.
Affected Public: Businesses in the
maritime industry that involve
ownership or operation of vessels.
Number of Potential Responses: One
hundred, submitted on a quarterly basis.
Estimated Total Annual Burden: 400
hours.
Abstract: The Confidential
Information Protection and Statistical
Efficiency Act of 2002 (CIPSEA) (44
U.S.C. 3501 note), can provide strong
confidentiality protection for
information acquired for statistical
purposes under a pledge of
confidentiality. CIPSEA guidance from
the Office of Management and Budget
advises that a non-statistical agency or
unit (MARAD) that wishes to acquire
information with CIPSEA protection
may consider entering into an
agreement with a Federal statistical
agency or unit (BTS). BTS and MARAD
have determined that it is in the public
interest to collect and process near-miss
incident related data under a pledge of
confidentiality for statistical purposes
only.
Working with subject matter experts,
BTS will then aggregate and further
analyze these reports to identify
potential causal factors and trends. All
data reviewers would be subject to
nondisclosure requirements mandated
by CIPSEA. The results of these
aggregated analyses will be distributed
by BTS through publications, meetings,
and other forms. Periodic industry
meetings may be scheduled by MARAD
or industry to discuss the data analysis
and trend results, as well as share ideas
and process improvements for
preventing recurrence.
In August 2022, BTS and MARAD
signed an IAA to develop and
implement SafeMTS, a voluntary
program for confidential reporting of
‘near-misses’ occurring on vessels. The
goal of the voluntary near-miss
reporting system is to provide BTS with
essential information about accident
precursors and other hazards. Under the
program, BTS will develop and publish
aggregate analyses that the industry and
all MTS stakeholders can use—in
conjunction with incident reports and
other sources of information—to reduce
safety and environmental risks and
continue building a more robust safety
culture within the maritime industry.
BTS, within the U.S. Department of
Transportation (U.S. DOT), is an
objective supplier of statistically sound
baseline, contextual, and trend
information used to shape
E:\FR\FM\08AUN1.SGM
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Agencies
[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53585-53594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16894]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2023 Competitive Funding Opportunity: Pilot Program for
Transit-Oriented Development Planning
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO).
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $13,460,978 in Fiscal Year (FY) 2022 and FY
2023 funding under the Pilot Program for Transit-Oriented Development
Planning (TOD Pilot Program). As required by Federal public
transportation law and subject to funding availability, funds will be
awarded competitively to support comprehensive planning or site-
specific planning associated with new fixed guideway and core capacity
improvement projects. FTA may award additional funding that is made
available to the TOD Pilot Program prior to the announcement of project
selections.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. October 10, 2023.
ADDRESSES: Prospective applicants should initiate the process by
registering on the GRANTS.GOV website immediately 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-2023-011-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), as amended by section 30009 of
the Infrastructure Investment and Jobs Act (Pub. L. 117-58) (also
called the Bipartisan Infrastructure Law (BIL)), authorizes FTA to
award grants under the TOD Pilot Program in the amounts provided by 49
U.S.C. 5338(a)(2)(B). This funding opportunity is occurring under
Federal Assistance Listing number 20.500.
This program supports FTA's priorities and objectives through
investments that (1) renew our transit systems, (2) reduce greenhouse
gas emissions from public transportation, (3) advance racial equity by
removing transportation related disparities to all populations within a
project area and increasing equitable access to project benefits, (4)
maintain and create good-paying jobs with a free and fair choice to
join a union, and (5) connect communities by increasing access to
affordable transportation options. 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). FTA seeks to fund projects under
the TOD Pilot Program that:
Reduce greenhouse gas emissions in the transportation
sector, incorporate evidence-based climate resilience measures and
features, reduce the lifecycle greenhouse gas emissions from the
project materials, and avoid adverse environmental impacts to air or
water quality, wetlands, and endangered species, and address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities, consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
Create proportional impacts to all populations in a
project area, remove transportation related disparities to all
populations in a project area, and increase equitable access to project
benefits, consistent with Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government (86 FR 7009).
Address equity and environmental justice, particularly for
communities that have experienced decades of underinvestment and are
most impacted by climate change, pollution, and environmental hazards,
consistent with Executive Order 14008, Tackling the Climate Crisis at
Home and Abroad (86 FR 7619).
Support the creation of good-paying jobs with the free and
fair choice to join a union and the incorporation of strong labor
standards and training and placement programs, especially registered
apprenticeships, in project planning stages, consistent with Executive
Order 14025, Worker Organizing and Empowerment (86 FR 22829), and
Executive Order 14052, Implementation of the Infrastructure Investment
and Jobs Act (86 FR 64335).
Support wealth creation, consistent with the Department's
Equity Action Plan, through the inclusion of local inclusive economic
development and entrepreneurship such as the utilization of
Disadvantaged Business Enterprises, Minority-owned Businesses, Women-
owned Businesses, or 8(a) firms.
Qualify for Transportation Infrastructure Finance and
Innovation Act (TIFIA) 49 and Railroad Rehabilitation and Improvement
Financing (RRIF) TOD financing program(s) once the TOD planning study
is complete.
Additionally, in support of the Federal House America Initiative
led by the Department of Housing and Urban Development, DOT, through
this NOFO, is looking for opportunities to strongly prioritize TOD
planning grants in areas of high incidence rates of homelessness, in
the hope of providing opportunities
[[Page 53586]]
for localities to address housing affordability in these areas and
homelessness holistically through their planning processes.
The TOD Pilot Program intends to fund comprehensive planning that
supports economic development, increased transit ridership and value
capture multimodal connectivity, accessibility, increased transit
access for pedestrian and bicycle traffic, and mixed-use and mixed-
income development near transit stations; delivers 40 percent of the
overall benefits of the planning work to Historically Disadvantaged
Communities (defined below), consistent with the Justice40 Initiative;
and supports the development of affordable housing, mitigates climate
change, and addresses challenges facing environmental justice
populations, and homelessness. The TOD Pilot Program also encourages
the identification of infrastructure needs and engagement with the
private sector. FTA also encourages TOD in areas where communities are
trying to preserve, protect, and increase the supply of affordable
housing. For assets that were acquired with federal assistance and are
no longer needed for the originally authorized purpose, the Fiscal Year
2022 National Defense Authorization Act (NDAA) (Pub. L. 117-81) allows
FTA to authorize the transfer of the asset to a local governmental
authority, non-profit organization, or other third-party entity if,
among other factors, it will be used for TOD that includes affordable
housing (49 U.S.C. 5334(h)(1)).
FTA is seeking comprehensive or site-specific planning projects
that cover an entire transit capital project 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 in the form of grants to
selected applicants responding to this NOFO. A total of $13,460,978
will be made available through this NOFO. The authorized funding level
in BIL is $13,432,051 in Fiscal Year (FY) 2023 funds, with an
additional $28,927 remaining from the FY 2022 appropriation. Additional
funds made available prior to project selection may be allocated to
eligible projects. Only proposals from eligible recipients for eligible
activities will be considered for funding. Due to funding limitations,
applicants that are selected for funding may receive less than the
amount originally requested and are thus encouraged to identify a
scaled funding request in their application.
In response to the FY 2022 NOFO (87 FR 32069, which closed on July
25, 2022), the TOD Pilot Program received applications for 23 eligible
projects requesting a total of $17,332,094. Of the 23 eligible
applications received, 19 projects were funded at a total of
$13,131,094.
FTA will grant pre-award authority, consistent with 2 CFR 200.458,
for selected projects to incur costs beginning on the date FY 2023
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 to the TOD Pilot Program must be a State or States, U.S.
Territory, or local governmental authority, and an FTA grant recipient
(i.e., existing direct or 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 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 may reject all of the applications. FTA will accept multiple
applications for the same corridor if each application is a site-
specific application, the applications are submitted by separate
applicants with different land-use authorities, and a given application
does not overlap with any other application that would cover the same
site.
2. Cost Sharing or Matching
In general, the maximum Federal funding share for proposals is 80
percent. Proposals that support planning activities that assist parts
of an urbanized area or rural area with lower population density or
lower average income levels compared to the applicable area or
adjoining areas are eligible to receive a Federal funding share of no
less than 90 percent and applicants may request a share up to 100
percent (see the March 21, 2023 Dear Colleague letter: https://www.transit.dot.gov/regulations-and-programs/dear-colleague-letters/dear-colleague-letter-increased-federal-share-under). Proposals that
address three or more activities related to the development of
affordable housing (see section C.3.ii.v) will receive a Federal
funding share of 100 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 funding. 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.
3. Other Eligibility Criteria
i. Eligible Transit Projects
Any comprehensive or site-specific 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. 5302(8)).
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 (49 U.S.C.
5309(a)) to be:
(A) A new fixed guideway project that is a minimum operable segment
or
[[Page 53587]]
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 (49 U.S.C.
5309(a)) 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 or site-specific planning work in a corridor for a
transit capital project that does not meet the statutory definitions
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
As outlined in the Application Review Information section below,
any comprehensive or site-specific planning funded under the TOD Pilot
Program must address all six factors set forth in section 20005(b)(2)
of MAP-21, as amended by section 30009 of BIL. Additionally, the
comprehensive or site-specific planning effort must advance the
metropolitan planning organization's metropolitan transportation plan.
Applicants must establish performance criteria for the planning effort.
The following are examples of the types of substantial deliverables
that may result from the comprehensive or site-specific 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 or the
specific site, 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. Affordable Housing:
1. Policies that reduce regulatory barriers to the development of
affordable housing such as inclusionary zoning that specifies a
percentage of new units affordable for targeted incomes or the
provision of density bonuses for the creation of affordable housing
units;
2. Policies that support affordable rental opportunities;
3. Policies that reduce parking standards;
4. Policies that support permanent affordable housing for
disadvantaged groups in areas with high incidence rates of
homelessness; and
5. Policies that encourage streamlined permitting for affordable
housing units;
vi. 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;
vii. Policies to encourage TOD, including actions that increase
access to environmental justice populations, reduces greenhouse gas
emissions, and the effects of climate change;
viii. Local or regional resolutions to implement TOD plans and/or
establish TOD funding mechanisms;
ix. Policies to prioritize TOD in areas with high incidence rates
of homelessness for localities to address homelessness holistically
through their planning processes.
iii. Ineligible Activities
FTA will not make awards for the following activities:
i. 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; and
ii. Capital projects, such as land acquisition, construction, and
utility relocation.
D. Application and Submission Information
1. Address To Request Application Package
Applications must be submitted electronically through GRANTS.GOV.
The application is only available on GRANTS.GOV and must be submitted
electronically through GRANTS.GOV. General information for submitting
applications through GRANTS.GOV can be found at https://www.transit.dot.gov/howtoapply 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. The supplemental
form for the FY 2023 TOD Pilot Program can be downloaded from
GRANTS.GOV or the FTA website at https://www.transit.dot.gov/TODPilot.
The GRANTS.GOV funding opportunity ID is FTA-2023-011-TPE-TODP.
2. Content and Form of Application Submission
Failure to submit information as requested can delay review or
disqualify the application. Proposals must include a completed SF-424
Mandatory form 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
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
[[Page 53588]]
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 or site-specific planning work.
Information such as the applicant's name, Federal amount requested,
local match amount, and 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 Unique Entity Identifier (UEI), assigned
by SAM.gov.
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
which 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. Provide evidence of a partnership between transit project
sponsor and an entity in the project corridor and those that support
unhoused populations and address affordable housing, such as cities,
municipalities, non-profit organizations, and housing authority.
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. Provide explanation of the scalability of the project.
15. Address whether other Federal funds have been sought or
received for the comprehensive or site-specific planning project.
16. 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.
17. Describe how the comprehensive or site-specific planning work
advances the metropolitan transportation plan of the metropolitan
planning organization.
18. Propose performance criteria for the development and
implementation of the comprehensive or site-specific planning work.
19. Identify potential State, local, or other impediments to the
implementation of the comprehensive plan or site-specific plan, and how
the work will address them.
20. Describe how the comprehensive or site-specific planning work
addresses climate change and elevates challenges facing environmental
justice populations
21. Describe how the comprehensive or site-specific planning work
allows 40 percent of the overall benefits to flow to Historically
Disadvantaged Communities (defined below).
22. Describe how the comprehensive or site-specific planning work
prioritizes TOD plans in areas with high incidence rates of
homelessness and addresses homelessness holistically through their
planning processes. Describe how the comprehensive or site-specific
planning work prioritizes TOD plans in areas with high incidence rates
of homelessness and addresses housing affordability holistically
through their planning processes.
23. Describe how the comprehensive or site-specific planning work
addresses the historic displacement of historically disadvantaged
populations and how it seeks to mitigate the displacement or improve
the conditions for populations at risk of displacement, if possible. In
addition, describe how local residents surrounding the comprehensive or
site-specific planning work will be included in community engagement,
especially those who have been historically excluded.
24. Describe how the comprehensive or site-specific planning work
includes value capture elements.
25. Describe the community input process for your comprehensive or
site-specific planning work.
26. Identify infrastructure needs associated with the eligible
project.
27. Describe how the comprehensive or site-specific planning work
incorporates affordable housing or other mixed-income elements.
28. Applicants must address how the project will consider climate
change and environmental justice in the planning stage and in project
delivery. In particular, applicants must address how the project
reduces greenhouse gas emissions in the transportation sector,
incorporates evidence-based climate resilience measures and features,
and reduces the lifecycle greenhouse gas emissions from the project
materials. Applicants also must address the extent to which the project
avoids adverse environmental impacts to air or water quality, wetlands,
and endangered species, as well as address disproportionate negative
impacts of climate change and pollution on disadvantaged communities,
including natural disasters, with a focus on prevention, response, and
recovery.
29. Applicants must address how their project will include an
equity assessment that evaluates whether a project will create
proportional impacts and remove transportation related disparities to
all populations in a project area. Applicants must demonstrate how
meaningful public engagement will occur throughout a project's life
cycle. Applicants must address how project benefits will increase
affordable transportation options, improve safety, connect Americans to
good-paying jobs, fight climate change, and/or improve access to
resources and quality of life.
30. Applicants must address all the applicable criteria and
priority considerations identified in Section E.
FTA will also give priority consideration to projects that support
the Justice40 initiative. In support of
[[Page 53589]]
Executive Order 14008, DOT has been developing a geographic definition
of Historically Disadvantaged Communities as part of its implementation
of the Justice40 Initiative. Consistent with OMB's Interim Guidance for
the Justice40 Initiative, Historically Disadvantaged Communities
include (a) certain qualifying census tracts, (b) any Tribal land, or
(c) any territory or possession of the United States. Applicants are
encouraged to use Climate & Economic Justice Screening Tool (CEJST), a
new tool by the White House Council on Environmental Quality (CEQ),
that aims to help Federal agencies identify disadvantaged communities.
Applicants should use CEJST as the primary tool to identify
disadvantaged communities. This tool can be found at https://screeningtool.geoplatform.gov. Alternatively, applicants may also use
the USDOT Equitable Transportation Community (ETC) Explorer (https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/) to understand how their community or project area is
experiencing disadvantages related to lack of transportation
investments or opportunities. Use of either mapping tool is optional;
applicants may provide an image from the map tool outputs, or
alternatively, consistent with OMB's Interim Guidance, applicants can
supply quantitative, demographic data of their ridership demonstrating
the percentage of their ridership that meets the criteria for
disadvantage described in Executive Order 14008. Examples of indicators
for Historically Disadvantaged Communities that an applicant could
address using geographic or demographic information include percentages
of low income, high or persistent poverty, high unemployment and
underemployment, racial and ethnic residential segregation, linguistic
isolation, high housing cost burden and substandard housing, and high
transportation cost burden and/or low transportation access.
Additionally, in support of the Justice40 Initiative, the applicant
also should provide evidence of strategies that the applicant has used
in the planning process to seek out and consider the needs of those
historically disadvantaged and underserved by existing transportation
systems. For technical assistance using the mapping tool, please
contact [email protected].
Project budgets must show how different funding sources will share
in each activity and present the data in dollars and percentages. The
budget should identify other Federal funds the applicant is applying
for or has been awarded, if any, that the applicant intends to use.
Funding sources should be grouped into three categories: non-Federal,
the Pilot Program for Transit-Oriented Development Planning request,
and other Federal, with specific amounts from each funding source
provided.
Due to funding limitations, projects that are selected for funding
may receive less than the amount originally requested, even if an
application did not present a scaled project option. In those cases,
applicants must be able to demonstrate that the proposed projects are
still viable and can be completed with the amount awarded.
Sharing of Application Information--The Department may share
application information within the Department or with other Federal
agencies if the Department determines that sharing is relevant to the
respective program's objectives.
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 is excepted
from registration per 2 CFR 25.110. 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
https://www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted electronically through https://www.GRANTS.GOV by 11:59 p.m. Eastern Time October 10, 2023. 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, email, 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 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 or site-specific planning
projects funded through the TOD Pilot Program must be associated with
an eligible transit
[[Page 53590]]
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 Grants 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 FTA's announcement of project selections and issuance of pre-
award authority. 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
Government-wide Uniform Administrative Requirements and Cost Principles
(2 CFR part 200) and FTA Circular 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 or by fax, 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.
FTA encourages applicants to:
Demonstrate whether they have considered climate change,
housing affordability, and environmental justice in terms of the
transportation planning process or anticipated design components with
outcomes that address climate change (e.g., resilience or adaptation
measures).
Describe what specific climate change, affordable housing,
or environmental justice activities have been incorporated, including
whether a project supports a Climate Action Plan, whether an equitable
development plan has been prepared, and whether tools such as the
Environmental Protection Agency's (EPA) EJSCREEN at: https://www.epa.gov/ejscreen or DOT's Historically Disadvantaged Community tool
at: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a have been applied in project planning.
Address how a project is related to housing or land use
reforms to increase density, and helps to reduce climate impacts. The
application should also describe specific and direct ways the project
will mitigate or reduce climate change impacts including any components
that reduce emissions, promote energy efficiency, incorporate
electrification or low emission or zero emission vehicle
infrastructure, increase resilience, recycle or redevelop existing
infrastructure or if located in a floodplain be constructed or upgraded
consistent with the Federal Flood Risk Management Standard, to the
extent consistent with current law.
In addition, FTA will consider benefits to Environmental Justice
(EJ) populations (E.O. 12898) when reviewing applications received
under this program.
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.
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. Project Factors
Whether the project funded under the TOD Pilot Program addresses
all six factors set forth in Section 20005(b)(2) of MAP-21, as amended
by section 30009 of BIL:
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. encourages affordable housing, particularly in areas with high
incidence rates of homelessness;
vi. identifies infrastructure needs associated with the eligible
project; and
vii. includes private sector participation.
b. Demonstrated Need
FTA will evaluate each project to determine the need for funding
based on the following factors:
i. How the proposed work will advance TOD implementation in the
corridor and region;
ii. Justification as to why Federal funds are needed for the
proposed work;
iii. Extent to which the transit project corridor could benefit
from TOD planning;
iv. Extent to which TOD planning will address climate change,
affordable housing, and challenges facing environmental justice
populations.
c. Strength of the Work Plan, Schedule and Process
FTA will evaluate the strength of the work plan, schedule, and
process included in the application based on the following factors:
i. Potential state, local, or other impediments to the
implementation of the comprehensive or site-specific plan, and how the
workplan will address them;
ii. Extent to which the schedule contains sufficient detail,
identifies all steps needed to implement the work proposed, and is
achievable;
iii. The proportion of the project corridor covered by the work
plan;
iv. Extent of partnerships, including how community stakeholders
will engage and consider the needs of those traditionally underserved
by existing transportation systems, such as low-income and minority
households, and unhoused populations, who may face challenges accessing
employment and other services.
v. 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;
vi. Extent to which this TOD planning effort increases access for
environmental justice populations and allows them to participate in
this TOD planning effort;
vii. Extent to which the TOD planning effort increases affordable
housing supply;
viii. Extent to which the comprehensive planning work will reduce
greenhouse gas emissions and the effects of climate change;
ix. How the performance measures identified in the application
relate to the
[[Page 53591]]
goals of the comprehensive planning work.
d. Funding Commitments
FTA will assess the status of local matching funds for the planning
work. In general, the maximum Federal funding share for proposals is 80
percent. Proposals that support planning activities that assist parts
of an urbanized area or rural area with lower population density or
lower average income levels compared to the applicable area or
adjoining areas will receive a Federal funding share of no less than 90
percent and applicants may request a share up to 100 percent (see the
March 21, 2023, Dear Colleague letter: https://www.transit.dot.gov/sites/fta.dot.gov/files/2023-03/Dear-Colleague-Letter-Non-Federal-Share-Waiver-for-Complete-Streets-Planning.pdf). Proposals that address
three or more activities related to the development of affordable
housing (see section C.3.ii.v) will receive a Federal funding share of
100 percent.
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 match.
2. Review and Selection Process
An FTA technical evaluation committee will verify each proposal's
eligibility and evaluate proposals based on the published evaluation
criteria. FTA may request additional information from applicants, if
necessary.
After completing the merit review, among projects of similar merit,
DOT will prioritize projects that:
1. Significantly reduce greenhouse gas emissions in the
transportation sector, such as through utilizing fiscally responsible
land use; increasing the use of energy efficient modes of
transportation like transit, rail, and active transportation;
transitioning to clean vehicles and fuels, including through
electrification; and/or incorporating carbon-reducing uses of the
right-of-way or other carbon reduction strategies.
2. Incorporate evidence-based climate resilience measures or
features, such as using best-available climate data sets, information
resources, and decision-support tools (including USDOT and other
federal resources) to assess the climate-related vulnerability and risk
of the project; developing and deploying resilience solutions to
address those risks; incorporating nature-based solutions; constructing
or upgrading infrastructure using the Federal Flood Risk Management
Standard, consistent with current law; and monitoring performance of
climate resilience measures.
3. Address the disproportionate negative environmental impacts of
transportation on disadvantaged communities; such as considering the
benefits and burdens a project may create, and what communities would
be most affected.
4. Avoid adverse environmental impacts to air or water quality,
wetlands, and endangered species; such as through reduction in Clean
Air Act criteria pollutants and greenhouse gases, improved stormwater
management, or improved habitat connectivity.
5. Enable all people within the multimodal transportation networks
to reach their desired destination safely, affordably, and with a
comparable level of efficiency and ease.
6. Reconnect communities and mitigate neighborhood bifurcation
through land bridges, caps, lids, linear parks, investments in walking,
biking and rolling assets, and other solutions.
7. Address the disproportional impacts of crashes on underserved
communities, including individuals with disabilities.
8. Expand access to critical community services such as education
and healthcare through mass transit services.
9. Increase housing supply, particularly location-efficient
affordable housing, locally-driven land use and zoning reform, rural
main street revitalization, growth management, and transit-oriented
development.
10. Address the unique challenges rural and Tribal communities face
related to mobility and economic development, including isolation,
transportation cost burden, and traffic safety (pursuant to DOT's Rural
Opportunities to Use Transportation for Economic Success (ROUTES)
initiative).
11. Encourage an increase in housing supply, particularly location-
efficient affordable housing, locally-driven land use and zoning
reform, rural main street revitalization, growth management, and
transit-oriented development, pursuant to the White House Housing
Supply Action Plan (https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/16/president-biden-announces-new-actions-to-ease-the-burden-of-housing-costs/).
12. Incorporate and support integrated land use, economic
development, and transportation planning to improve the movement of
people and goods and local fiscal health, and to facilitate greater
public and private investments and strategies in land-use productivity,
including rural main street revitalization or an increase in the
production or preservation of location-efficient housing.
13. Provide the plan to conduct meaningful public involvement that
includes underserved communities throughout the project lifecycle and
uses a meaningful public involvement process. Additionally, consider
the benefits and potential burdens a project may create, who would
experience them, and how they may be measured over time, with a
specific focus on how the benefits and potential burdens will impact
underserved/disadvantaged communities.
14. Benefit underserved/Historically Disadvantaged Communities,
including benefits that would accrue to underserved/Historically
Disadvantaged Communities outside of the specific project area. Use
DOT's Transportation Disadvantaged Census Tracts (arcgis.com) tool to
identify whether the project impact area encompasses disadvantaged
communities. A screenshot of the results is encouraged. Furthermore,
applicants are encouraged to use equity screening tools such as DOT's
STEAP (Screening Tool for Equity Analysis of Projects) (https://hepgis.fhwa.dot.gov/fhwagis/buffertool/) as a resource for developing
equity assessments.
In support of Executive Order 14008, and consistent with OMB's
Interim Guidance for the Justice40 Initiative, Historically
Disadvantaged Communities include (a) certain qualifying census tracts,
(b) any Tribal land, or (c) any territory or possession of the United
States. Applicants are encouraged to use Climate & Economic Justice
Screening Tool (CEJST), a new tool by the White House Council on
Environmental Quality (CEQ), that aims to help Federal agencies
identify disadvantaged communities as part of the Justice40 initiative
to accomplish the goal that 40 percent of benefits from certain federal
investment reach disadvantaged communities. Applicants should use CEJST
as the primary tool to identify disadvantaged communities (Justice40
communities). Applicants are strongly encouraged to use the USDOT
Equitable Transportation Community (ETC) Explorer to understand how
their community or project area is
[[Page 53592]]
experiencing disadvantage related to lack of transportation investments
or opportunities. Through understanding how a community or project area
is experiencing transportation-related disadvantage, applicants are
able to address how the benefits of a project will reverse or mitigate
the burdens of disadvantage and demonstrate how the project will
address challenges and accrued benefits. Use of the map tool(s) is
optional; applicants may provide an image of the map tool outputs or,
alternatively, consistent with OMB's Interim Guidance, applicants can
supply quantitative, demographic data of their ridership demonstrating
the percentage of their ridership that meets the criteria described in
Executive Order 14008 for disadvantage. Examples of Historically
Disadvantaged Communities that an applicant could address using
geographic or demographic information include low income, high and/or
persistent poverty, high unemployment and underemployment, racial and
ethnic residential segregation, linguistic isolation, or high housing
cost burden and substandard housing. Additionally, in support of the
Justice40 Initiative, the applicant also should provide evidence of
strategies that the applicant has used in the planning process to seek
out and consider the needs of those traditionally disadvantaged and
underserved by existing transportation systems. For technical
assistance using the mapping tool, please contact [email protected].
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 and existing small
businesses.
Among the factors in determining the allocation of program funds,
FTA may consider geographic diversity, diversity in the size of the
grantees receiving funding, or the applicant's receipt of other
competitive awards. Additionally, taking into consideration the
findings of the technical evaluation committee, the FTA Administrator
will determine the final selection of projects for program funding.
3. Integrity and Performance Review
Prior to making an award, FTA is required to review and consider
any information about the applicant that is 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 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 200.205).
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.
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: FTA Fiscal Year 2023 Apportionments,
Allocations and Program Information [verbar] US Department of
Transportation (https://www.transportation.gov/bipartisan-infrastructure-law/regulations/2023-07761).
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 (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/program-guidance-metropolitan-planning-and-state-planning-a-0) and Circular
5010.1E (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management-requirements-circular-50101e). 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.
Additionally, recipients of TOD Pilot Program funds are required to
participate in a briefing on the USDOT-Build America Bureau, TIFIA/RRIF
financing program.
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 (https://www.transit.dot.gov/funding/grantee-resources/certifications-and-assurances/certifications-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, excluding those to be used for vehicle procurements, in
setting their overall DBE goal.
[[Page 53593]]
iv. Civil Rights and Title VI
As a condition of a grant award, grant recipients must demonstrate
that the recipient has a plan for compliance with civil rights
obligations and nondiscrimination laws, including Title VI of the Civil
Rights Act of 1964 and implementing regulations (49 CFR part 21), the
Americans with Disabilities Act of 1990 (ADA), Section 504 of the
Rehabilitation Act, all other civil rights requirements, and
accompanying regulations. This should include a current Title VI plan,
completed Community Participation Plan, and a plan to address any
legacy infrastructure or facilities that are not compliant with ADA
standards. DOT's and FTA's Office of Civil Rights may work with awarded
grant recipients to ensure full compliance with Federal civil rights
requirements.
v. Performance and Program Evaluation
Recipients and subrecipients are also encouraged to incorporate
program evaluation including associated data collection activities from
the outset of their program design and implementation to meaningfully
document and measure their progress towards meeting an agency priority
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act
of 2018 (Evidence Act), (Public Law 115-435) urges Federal awarding
agencies and Federal assistance recipients and subrecipients to use
program evaluation as a critical tool to learn, to improve equitable
delivery, and to elevate program service and delivery across the
program lifecycle. Evaluation means ``an assessment using systematic
data collection and analysis of one or more programs, policies, and
organizations intended to assess their effectiveness and efficiency''
(5 U.S.C. 311). Credible program evaluation activities are implemented
with relevance and utility, rigor, independence and objectivity,
transparency, and ethics (OMB Circular A-11, Part 6, Section 290).
For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation (2 CFR part 200).
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. Applicants 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.
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats. Each applicant selected for Federal funding under this
notice must demonstrate, prior to the signing of the grant agreement,
effort to consider and address physical and cyber security risks
relevant to the transportation mode and type and scale of the project.
Projects that have not appropriately considered and addressed physical
and cyber security and resilience in their planning, design, and
project oversight, as determined by the Department and the Department
of Homeland Security, will be required to do so before receiving funds
for construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Improving Cybersecurity for Critical
Infrastructure Control Systems.
As expressed in Executive Order 14005, `Ensuring the Future Is Made
in All of America by All of America's Workers' (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Funds made available under this notice are subject
to the domestic preference requirements:
(a) Except as provided in 49 CFR 661.7 and 661.11, no funds may be
obligated by FTA for a grantee project unless all iron, steel,
manufactured products, and construction materials used in the project
are produced in the United States.
(b) All steel and iron manufacturing processes must take place in
the United States, except metallurgical processes involving refinement
of steel additives.
(c) The steel and iron requirements apply to all construction
materials made primarily of steel or iron and used in infrastructure
projects such as transit or maintenance facilities, rail lines, and
bridges. These items include, but are not limited to, structural steel
or iron, steel or iron beams and columns, running rail and contact
rail. These requirements do not apply to steel or iron used as
components or subcomponents of other manufactured products or rolling
stock, or to bimetallic power rail incorporating steel or iron
components.
(d) For a manufactured product to be considered produced in the
United States:
(1) All of the manufacturing processes for the product must take
place in the United States; and
(2) All of the components of the product must be of U.S. origin. A
component is considered of U.S. origin if it is manufactured in the
United States, regardless of the origin of its subcomponents.
The Department expects all applicants to comply with that
requirement.
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 2023 competitive grants selection and award process upon
request.
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 https://www.transit.dot.gov.
H. Other Program Information
This program is not subject to Executive Order 12372,
[[Page 53594]]
``Intergovernmental Review of Federal Programs.''
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-16894 Filed 8-7-23; 8:45 am]
BILLING CODE 4910-57-P