FY 2024 Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning, 45737-45747 [2024-11305]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45737-45747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11305]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2024 Competitive Funding Opportunity: Pilot Program for 
Transit-Oriented Development Planning

AGENCY: Federal Transit Administration, Department of Transportation 
(DOT).

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
availability of $10,496,164 in Fiscal Year (FY) 2024 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 
before the announcement of project selections.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. July 22, 2024. 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-2024-005-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:

 Summary Overview of Key Information: Pilot Program for Transit-Oriented
                          Development Planning
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Program Overview.............  The Pilot Program for Transit-Oriented
                                Development Planning (TOD Pilot Program)
                                provides funding to eligible applicants
                                to create comprehensive planning or site-
                                specific planning studies associated
                                with a new fixed guideway or core
                                capacity improvement project.
Eligible Applicants..........  Applicants to the TOD Pilot Program must
                                be a State, U.S. Territory, or local
                                governmental authority as well as an FTA
                                grant recipient (i.e., existing direct
                                or designated recipients) as of the
                                publication date of this Notice of
                                Funding Opportunity (NOFO).
                                Additionally, applicants 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.
Eligible Project Type........  New fixed guideway and core capacity
                                improvement projects.
Funding......................  TOD Pilot Program: $10,496,164.
Deadline.....................  Insert Date 60 Days After Publication in
                                the Federal Register.
------------------------------------------------------------------------

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

[[Page 45738]]

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), Public Law 112-141 (2012), as amended by section 
30009 of the Infrastructure Investment and Jobs Act (also called the 
Bipartisan Infrastructure Law (BIL)), Public Law 117-58 (2021), 
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 
can be found 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 State and local governmental authorities to 
integrate land use and transportation planning through comprehensive or 
site-specific planning associated with a new fixed guideway capital 
project or a core capacity improvement 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 
planning activities 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, avoid adverse environmental impacts, and address 
negative environmental impacts (past, present, and future) on 
disadvantaged communities, consistent with Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
     Remove transportation-related disparities in the project 
area, and ensure equitable access to project benefits, particularly for 
communities that have experienced decades of underinvestment and are 
most impacted by climate change, pollution, and environmental hazards, 
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 Section 8(a) firms.
     Advance TOD projects that potentially qualify for 
Transportation Infrastructure Finance and Innovation Act (TIFIA) and 
Railroad Rehabilitation & Improvement Financing (RRIF) financing, as 
authorized at 23 U.S.C. 601(a)(12)(E) and 49 U.S.C. 22402(b)(1)(F), 
respectively, once the TOD planning study is complete.
    Additionally, in support of the Federal ``House America 
Initiative'' led by the U.S. Department of Housing and Urban 
Development, FTA will strongly prioritize the award of TOD planning 
grants in areas of high incidence rates of homelessness, in the hope of 
providing opportunities for localities to address housing affordability 
in these areas and homelessness holistically through their planning 
processes.
    The TOD Pilot Program intends to fund comprehensive or site-
specific planning that (1) supports economic development; increased 
transit ridership, value capture, multimodal connectivity, and 
accessibility; increased transit access for pedestrian and bicycle 
traffic; and mixed-use and mixed-income development near transit 
stations; (2) delivers 40 percent of the overall benefits of the 
planning work to Historically Disadvantaged Communities (defined 
below), consistent with the Justice40 Initiative; and (3) 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 planning 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, section 6609 of 
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 with no further obligations to FTA 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 planning projects that cover an entire 
transit capital project corridor or site-specific planning projects. 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, FTA will only select proposals in which the 
transit project sponsor partners 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 $10,496,164 is 
made available through this NOFO. The authorized funding level in BIL 
is $13,782,778 in Fiscal Year (FY) 2024 funds, and a portion of this 
funding was committed in the FY 2023 TOD Pilot Program Project 
Selections. Additional funds made available prior to project selection 
may be allocated to eligible projects. Only proposals from eligible 
recipients for eligible activities are considered for funding. Due to 
funding limitations, applicants who 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 2023 NOFO (88 FR 53585, which closed on 
October 10, 2023), the TOD Pilot Program received 32 applications for 
eligible projects requesting a total of $26,801,134. Of the eligible 
applications received, 20 projects were funded at a total of 
$17,620,000 and were provided with a 100 percent Federal share, for 
they met the affordable housing incentive (see section C.3.ii.v of this 
notice for

[[Page 45739]]

affordable housing incentive requirements).
    FTA provides pre-award authority, consistent with 2 CFR 200.458, 
for selected projects to incur costs beginning on the date FY 2024 
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.

C. Eligibility Information

1. Eligible Applicants

    Applicants to the TOD Pilot Program must be a State, U.S. 
Territory, or local governmental authority as well as 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.
    If the application is for a comprehensive plan, only one 
application per transit capital project corridor may be submitted to 
FTA. Multiple applications submitted for a single comprehensive transit 
capital project corridor indicate that partnerships are not in place, 
and FTA may reject all of the applications. FTA may 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, or 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. However, 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 adjoining area 
are eligible to receive a Federal funding share of no less than 90 
percent and applicants may request a share up to 100 percent if 
requirements provided in 49 U.S.C 5305(f) are met (see the March 21, 
2023 Dear Colleague letter, ``Increased Federal Share under the 
Metropolitan Planning Program and State Planning and Research Program'' 
(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 for meeting the affordable housing 
incentive (see section C.3.ii.v of this notice for affordable housing 
incentive requirements) may 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 by 49 U.S.C. 
5309(a)(5) as:
    (A) A new fixed guideway project that is a minimum operable segment 
or extension to an existing fixed guideway system; or
    (B) A fixed guideway bus rapid transit project that is a minimum 
operable segment or an extension to an existing bus rapid transit 
system.
    A ``fixed-guideway bus rapid transit project'' is defined (49 
U.S.C. 5309(a)(4)) 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)(2) as a ``substantial corridor-based capital investment in an 
existing fixed guideway system that increases the capacity of the 
corridor by not less than 10 percent.'' The term does not include 
project elements designed to maintain a state of good repair of the 
existing fixed guideway system.
    Comprehensive 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 the BIL. Additionally, the 
comprehensive or site-specific planning deliverables should align with 
the metropolitan planning organization's planning documents. Applicants 
must also establish performance criteria for the planning effort.
    Substantial deliverables may result from the comprehensive or site-
specific planning work, such as reports, plans, and other materials 
that represent the key accomplishments of the comprehensive planning 
effort, and these must be submitted to FTA as each is completed. 
Substantial deliverables may include, but are not restricted to the 
following:

[[Page 45740]]

    (A) A comprehensive TOD 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;
    (B) A strategic plan report that includes corridor or site-specific 
planning strategies and program recommendations to support 
comprehensive planning;
    (C) Revised TOD-focused zoning codes and/or resolutions;
    (D) A report evaluating and recommending financial tools to 
encourage TOD implementation such as land banking, value capture, and 
development financing; and
    (E) A plan with supportive policies for pedestrian or bicycle 
connectivity that reduces barriers to active transportation spines.
    (F) Policies to encourage affordable housing, such as:
    (1) Strategic policies that reduce regulatory barriers to the 
development of affordable housing or infill development (e.g., 
inclusionary zoning that specifies a percentage of new units are 
affordable for targeted incomes, the provision of density bonuses for 
the creation of affordable housing units or a partnership with a 
community development corporation to accelerate affordable housing 
plans);
    (2) Policies that support affordable rental opportunities;
    (3) Policies that relax parking standards and reduce parking 
minimums;
    (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;
    (G) 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;
    (H) Policies to encourage TOD, including actions that increase 
access to environmental justice populations, reduce greenhouse gas 
emissions, and reduce the effects of climate change;
    (I) Local or regional resolutions to implement TOD plans and/or 
establish TOD funding mechanisms;
    (J) TOD and affordable housing plans or policies that encourage 
coordination efforts between transportation and housing agencies or 
community development corporations, or
    (K) 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:
    (A) 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
    (B) Capital activities, 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 2024 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-2024-005-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 is used by FTA 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 or site-specific 
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 or site-specific planning work, 
if the applicant does not have both of these responsibilities. 
Documentation may consist of a memorandum of agreement or letter of 
intent signed by all parties that describes the parties' roles and 
responsibilities in the proposed comprehensive or site-specific 
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:
    a. Provide the name of the lead applicant and, if applicable, the 
specific co-sponsors submitting the application.
    b. Provide the applicant's Unique Entity Identifier (UEI), assigned 
by SAM.gov.
    c. Provide contact information including: Contact name, title, 
address, phone number, and email address.
    d. Specify the Congressional district(s) where the planning project 
will take place.
    e. 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.
    f. Identify and describe an eligible transit project that meets the 
requirements of Section C, subsection 3 of this notice.

[[Page 45741]]

    g. 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.
    h. Address the six factors set forth in MAP-21 Section 20005(b)(2).
    i. Provide evidence of a partnership between a transit project 
sponsor and an entity in the project corridor and those partners that 
support unhoused populations and address affordable housing, such as 
cities, municipalities, non-profit organizations, and housing 
authorities.
    j. Address each evaluation criterion separately, demonstrating how 
the project responds to each criterion as described in Section E.
    k. Provide a line-item budget for the total planning effort, with 
enough detail to indicate the various key components of the 
comprehensive or site-specific planning project.
    l. Identify the TOD Pilot Program Federal amount requested.
    m. Document the matching funds, including the 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.
    n. Provide explanation of the scalability of the project.
    o. Address whether other Federal funds have been sought or received 
for the comprehensive or site-specific planning project.
    p. Provide a schedule and process for the development of the 
comprehensive or site-specific 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.
    q. Describe how the comprehensive or site-specific planning work 
aligns with the metropolitan transportation plan of the metropolitan 
planning organization.
    r. Propose performance criteria for the development and 
implementation of the comprehensive or site-specific planning work.
    s. 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.
    t. Describe how the comprehensive or site-specific planning work 
addresses climate change and elevates challenges facing environmental 
justice populations.
    u. Describe how the comprehensive or site-specific planning work 
allows 40 percent of the overall benefits to flow to Historically 
Disadvantaged Communities (defined below).
    v. 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.
    w. 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 that have been historically excluded.
    x. Describe how the comprehensive or site-specific planning work 
includes value capture considerations. Value capture refers to the 
recipient's recovery of a share of the financial value created by the 
recipient's transit activities. Examples of a recipient's value capture 
strategies include: financial interest gained from tax increment 
financing, special assessments, and capital interest in joint 
developments. For more information, see https://www.transit.dot.gov/valuecapture.
    y. Describe the community input process for the comprehensive or 
site-specific planning work.
    z. Identify infrastructure needs associated with the eligible 
project.
    aa. Describe how the comprehensive or site-specific planning work 
incorporates affordable housing or other mixed-income elements.
    bb. Address how the project will consider climate change and 
environmental justice in the planning stage and project delivery. In 
particular, the application 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. 
Applications also must address the extent to which the project avoids 
adverse environmental impacts to air or water quality, wetlands, and 
endangered species, and address disproportionate negative impacts of 
climate change and pollution on disadvantaged communities, including 
natural disasters, with a focus on prevention, response, and recovery.
    cc. Address how the 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. Applications 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.
    dd. 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. Applicants must use the Climate and Economic 
Justice Screening Tool (CEJST), provided by the Council on 
Environmental Quality, to identify the historically disadvantaged 
communities within their study area. This tool can be found at https://screeningtool.geoplatform.gov. Applicants must provide an image from 
the map tool outputs. Alternatively, consistent with OMB's Interim 
Guidance, applicants can supply quantitative, demographic data of the 
eligible transit project's ridership demonstrating the percentage that 
meets the criteria for disadvantage described in Executive Order 14008. 
In support of 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. DOT is providing a mapping tool to assist applicants in 
identifying whether a project is located in a Historically 
Disadvantaged Community Transportation Disadvantaged Census Tract U.S. 
DOT Equitable Transportation Community (ETC) Explorer (arcgis.com). 
This tool can be found at https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/. In addition to CEJST, 
applicants can use the ETC tool to generate additional data on the 
study area. 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

[[Page 45742]]

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].
    The comprehensive or site-specific planning project budget must 
show the different funding sources for each activity and present the 
data in dollars and percentages. Funding sources should be grouped into 
three categories: ``Non-Federal'' ``Pilot Program for Transit-Oriented 
Development Planning,'' and ``Other Federal,'' with specific amounts 
from each funding source provided. The budget should identify other 
Federal funds the applicant is applying for or has been awarded, if 
any.
    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 project is 
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.GOV)

    Each applicant is required to: (1) register in SAM.GOV before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) maintain an active SAM.GOV 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.GOV 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.GOV 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 
GRANTS.GOV by 11:59 p.m. Eastern Time July 22, 2024. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
Proposals submitted after the deadline are only 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 are not 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 then validates 
the application and attempts 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 is marked as incomplete, and such 
applicants do 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 are not 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.GOV 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 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 comprehensive or site-specific planning purposes 
requested in the application. Funds under this NOFO cannot be used to 
reimburse applicants for otherwise eligible expenses incurred prior to 
FTA's announcement of project selections and issuance of pre-award 
authority. Refer to Section C.3 for information on projects and 
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 5010.1.

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 for 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 select the project for a lesser amount of funding 
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

[[Page 45743]]

Package, 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 transit capital project 
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 
Climate and Economic Justice Screening Tool (CEJST), provided by the 
Council on Environmental Quality, at https://screeningtool.geoplatform.gov or 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 the comprehensive or site-specific planning 
project is related to housing or land use reforms to increase density 
and reduce climate impacts. The application should describe specific 
and direct ways the transit capital 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 are 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 are 
evaluated based on the quality and extent to which the following 
evaluation criteria are addressed.
a. Project Factors
    FTA evaluates 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 the 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. Identifies infrastructure needs associated with the eligible 
project; and
    vi. Includes private sector participation.
b. Demonstrated Need
    FTA evaluates 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 evaluates 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 and/or site;
    iv. Extent of partnerships, including how community stakeholders 
will be engaged and how the applicant will 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 or site-specific 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 or site-specific plan will 
seek to reduce greenhouse gas emissions and the effects of climate 
change;
    ix. How the performance measures identified in the application 
relate to the goals of the comprehensive or site-specific 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: Local Match Waiver for Complete 
Streets: (https://www.transit.dot.gov/regulations-and-programs/dear-colleague-letters/dear-colleague-letter-local-match-waiver-complete). 
Proposals that address three or more activities related to the 
development of affordable housing (see section C.3.ii.v of this notice 
for affordable housing incentive requirements) will receive a TOD 
Planning Program funding share of 100 percent.
    Applications demonstrating that matching funds for the proposed 
comprehensive planning or site-specific planning work are already 
committed receive higher ratings from FTA on this factor. Proposed 
comprehensive or site-specific planning projects for which matching 
funding sources have been identified, but are not yet committed,

[[Page 45744]]

are given lower ratings under this factor by FTA, as will proposed 
comprehensive or site-specific 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 verifies each proposal's 
eligibility and evaluates 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 prioritizes comprehensive or site- specific planning projects that:
    i. Are expected to lead to significantly reduced greenhouse gas 
emissions in the transportation sector, such as through requiring 
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.
    ii. 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 transit capital 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.
    iii. Address the disproportionate negative environmental impacts of 
transportation on disadvantaged communities, such as considering the 
benefits and burdens the transit capital project may create, and what 
communities would be most affected.
    iv. 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.
    v. Enable all people within the multimodal transportation networks 
to reach their desired destination safely, equitably, reliably, and 
affordably, and with a comparable level of efficiency and ease.
    vi. Reconnect communities and mitigate neighborhood bifurcation 
through land bridges, caps, lids, linear parks, investments in walking, 
biking and rolling assets, and other solutions.
    vii. Address the disproportional impacts of crashes on underserved 
communities, including individuals with disabilities.
    viii. Expand access to critical community services such as 
education and healthcare through mass transit services.
    ix. 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).
    x. 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/). Additionally, projects that 
encourage affordable housing, particularly in areas with high incidence 
rates of homelessness.
    xi. 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.
    xii. Provide the plan to conduct meaningful public involvement that 
includes underserved communities throughout the transit capital project 
lifecycle and uses a meaningful public involvement process. 
Additionally, consider the benefits and potential burdens a transit 
capital 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 impact underserved/disadvantaged communities.
    xiii. Benefit underserved/Historically Disadvantaged Communities, 
including benefits that would accrue to underserved/Historically 
Disadvantaged Communities outside of the specific transit capital 
project area. Applicants must use CEJST, provided by the Council on 
Environmental Quality, to identify the historically disadvantaged 
communities within their study area. This tool can be found at https://screeningtool.geoplatform.gov. Applicants must provide an image from 
the map tool outputs. Alternatively, consistent with OMB's Interim 
Guidance, applicants can supply quantitative, demographic data of the 
eligible transit project's ridership demonstrating the percentage that 
meets the criteria for disadvantage described in Executive Order 14008.
    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 should use 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. For this 
NOFO, CEJST is the primary tool used to identify disadvantaged 
communities (Justice40 communities). Applicants are also strongly 
encouraged to use the USDOT Equitable Transportation Community (ETC) 
Explorer to understand how their community or project area is 
experiencing disadvantage related to lack of transportation investments 
or opportunities. Through understanding how a community or transit 
capital project area is experiencing transportation-related 
disadvantage, applicants are able to address in the comprehensive or 
site-specific plans 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. Applicants should provide 
an image of the map tool outputs. Applicants may also supply additional 
quantitative, demographic data of their transit capital project 
ridership demonstrating the percentage of their ridership that meets 
the criteria described in Executive Order 14008 for disadvantage. 
Applicants must use CJEST to identify the historically disadvantaged 
communities within their study area. This tool can be found at https://screeningtool.geoplatform.gov. 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

[[Page 45745]]

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 ETC mapping tool, please 
contact [email protected].
    FTA will evaluate the proposals to determine the extent that the 
proposed comprehensive or site-specific planning 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 
applicants receiving funding, or the applicant's receipt of other 
competitive awards. Taking into consideration the findings of the 
technical evaluation committee, the FTA Administrator determines 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.GOV. 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 selected recipients regarding 
pre-award authority at the time of selection. FTA does not provide pre-
award authority for competitive funds until projects are selected and, 
even then, there are Federal requirements that must be met before costs 
are incurred. Funds under this NOFO cannot be used to reimburse 
applicants for otherwise eligible expenses incurred prior to FTA award 
of a Grant Agreement until FTA has issued pre-award authority for 
selected projects, or unless FTA has issued a ``Letter of No 
Prejudice'' for the project before the expenses are incurred. For more 
information about FTA's policy on pre-award authority, please see the 
most recent Apportionment Notice at: https://www.transit.dot.gov/funding/apportionments/current-apportionments.
ii. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of TOD Pilot Program funds 
are subject to the grant requirements of the Section 5303 Metropolitan 
Planning program, including those of FTA Circular 8100.1C and Circular 
5010.1E. All competitive grants, regardless of award amount, will be 
subject to the Congressional Notification and release process. 
Technical assistance regarding these requirements is available from 
each FTA Regional Office.
    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 comprehensive or site-specific 
planning projects must be incorporated into the unified planning work 
programs of metropolitan areas before they are eligible for FTA funding 
or pre-award authority.
ii. Standard Assurances
    The applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, directives, FTA 
circulars, and other Federal administrative requirements in carrying 
out any project supported by the FTA grant. The applicant acknowledges 
that it is under a continuing obligation to comply with the terms and 
conditions of the grant agreement issued for its project with FTA. The 
applicant understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and may 
affect the implementation of the project. The applicant agrees that the 
most recent Federal requirements will apply to the project, unless FTA 
issues a written determination otherwise. The applicant must submit the 
Certifications and Assurances before receiving a grant if it does not 
have current certifications on file.
iii. Disadvantaged Business Enterprise
    FTA requires that its recipients receiving planning, capital, and/
or operating assistance awarding prime contracts exceeding $250,000 in 
FTA funds in a Federal fiscal year comply with the DOT 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.
    Recipients should be aware that the DBE program regulations were 
recently revised, and a Final Rule was published in the Federal 
Register on April 9, 2024 (89 FR 24898). More information is available 
at https://www.transportation.gov/DBEFinalRule. Some changes took 
effect on May 9, 2024, and recipients should read the Federal Register 
notice in detail. Beginning in FY 2025, FTA will move to a tiered 
system, and essentially all FTA recipients of planning, capital, or 
operating assistance that procure goods or services with FTA funds will 
be subject to some DBE program requirements.
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 will work with 
awarded grant recipients to ensure full

[[Page 45746]]

compliance with Federal civil rights requirements.
v. Performance and Program Evaluation
    As a condition of grant award, grant recipients may be required to 
participate in an evaluation undertaken by DOT or another agency or 
partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grant 
recipients, or a benefit/cost analysis or assessment of return on 
investment. DOT may require applicants to collect data elements to aid 
the evaluation and/or use information available through other 
reporting. As a part of the evaluation and as a condition of award, 
grant recipients must agree to: (1) make records available to the 
evaluation contractor or DOT staff; (2) provide access to program 
records, and any other relevant documents to calculate costs and 
benefits; (3) in the case of an impact analysis, facilitate the access 
to relevant information as requested; and (4) follow evaluation 
procedures as specified by the evaluation contractor or DOT staff.
    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 (2019) 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 applicants 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 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.

4. Critical Infrastructure Security, Cybersecurity, and Resilience

    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against all hazards, 
including physical and cyber risks, consistent with Presidential Policy 
Directive 21--Critical Infrastructure Security and Resilience, and the 
National Security Memorandum on Improving Cybersecurity for Critical 
Infrastructure Control Systems. Each applicant selected for Federal 
funding 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. 
FTA implements this requirement as follows: Pursuant to 49 U.S.C. 
5323(v), a recipient that operates a rail fixed guideway public 
transportation system must certify that the recipient has established a 
process to develop, maintain, and execute a written plan for 
identifying and reducing cybersecurity risks. Recipients subject to 
this requirement must:
    1. Utilize the approach described by the voluntary standards and 
best practices developed under section 2(c)(15) of the National 
Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as 
applicable;
    2. Identify hardware and software that the recipient determines 
should undergo third-party testing and analysis to mitigate 
cybersecurity risks, such as hardware or software for rail rolling 
stock under proposed procurements; and
    3. Utilize the approach described in any voluntary standards and 
best practices for rail fixed guideway public transportation systems 
developed under the authority of the Secretary of Homeland Security, as 
applicable. For information about standards or practices that may apply 
to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.
    TSA issued Security Directive 1582- 21-01B, ``Enhancing Public 
Transportation and Passenger Railroad Cybersecurity'' on October 24, 
2023. The Security Directive, which extends previous Security 
Directives, applies to all public passenger rail owners and operators 
identified in 49 CFR 1582.101, requires four critical actions:
    1. Designate a cybersecurity coordinator who is required to be 
available to TSA and the DHS's CISA at all times (all hours/all days) 
to coordinate implementation of cybersecurity practices, and manage of 
security incidents, and serve as a principal point of contact with TSA 
and CISA for cybersecurity-related matters;
    2. Report cybersecurity incidents to CISA;
    3. Develop a Cybersecurity Incident Response Plan to reduce the 
risk of operational disruption should their Information and/or 
operational technology systems be affected by a cybersecurity incident; 
and
    4. Conduct a cybersecurity vulnerability assessment using the form 
provided by TSA and submit the form to TSA. The vulnerability 
assessment will include an assessment of current practices and 
activities to address cyber risks to information and operational 
technology systems, identify gaps in current cybersecurity measures, 
and identify remediation measures and a plan for the owner/operator to 
implement the remediation measures to address any vulnerabilities and 
gaps.
    Applicants subject to the Directive must certify compliance with 
the directive to receive the grant award. In addition, TSA issued 
Information Circular IC-2021-01, ``Enhancing Surface Transportation 
Cybersecurity'',

[[Page 45747]]

dated December 31, 2021, which applies to each passenger railroad, 
public transportation agency, or rail transit system owner/operator 
identified in 49 CFR 1582.1. This circular provides the same four 
recommendations for enhancing cybersecurity practices listed above. 
While this document is guidance and does not impose any mandatory 
requirements, TSA strongly recommends the adoption of the measures set 
forth in the circular. Finally, on February 10, 2023, FTA published a 
Cybersecurity Assessment Tool for Transit (CATT) (https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-transit-catt). This tool was developed with the goal to onboard public 
transit organizations develop and strengthen their cybersecurity 
program to identify risks and prioritize activities to mitigate these 
risks.

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, they are 
encouraged to contact FTA directly, rather than through intermediaries 
or third parties. FTA staff may also conduct briefings on the FY 2024 
competitive grants selection and award process upon request. Contact 
information for FTA's regional offices can be found on FTA's website at 
https://www.transit.dot.gov.
    For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 
1-800-518-4726 or by email at [email protected].

H. Other Program Information

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

Matthew J. Welbes,
Executive Director.
[FR Doc. 2024-11305 Filed 5-22-24; 8:45 am]
BILLING CODE 4910-57-P