Public Transportation on Indian Reservations Program; Tribal Transit Program; Response to Comments, 48953-48955 [2024-12607]
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Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
will not result in a violation of the
National Ambient Air Quality
Standards. Based on this commitment
and the localized CO modeling, FRA
determined the Project will conform to
the requirements in the approved SIP.
The Final General Conformity
Determination is available at https://
www.regulations.gov, Docket No. FRA–
2024–0045, and FRA’s website at
https://railroads.dot.gov/environment/
environmental-reviews/clean-air-actcalifornia-general-conformitydeterminations.
Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program
Management.
[FR Doc. 2024–12646 Filed 6–7–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Public Transportation on Indian
Reservations Program; Tribal Transit
Program; Response to Comments
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Responses to the request for
comments and in-person and virtual
consultations.
AGENCY:
This notice summarizes and
responds to comments the Federal
Transit Administration (FTA) received
in response to an August 15, 2023,
Federal Register notice, a September 25,
2023, in-person consultation session,
and a November 2, 2023, virtual
consultation session regarding how the
FTA Tribal Transit competitive program
and technical assistance should be
provided to Tribes.
DATES: Applicable date: June 10, 2024.
FOR FURTHER INFORMATION CONTACT: Elan
Flippin-Jones, Office of Program
Management, (202) 366–3800 or email
TribalTransit@dot.gov. A TDD is
available at 1–800–877–8339 (TDD/
FIRS).
SUMMARY:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Table of Contents
A. Program Overview
B. Outreach and Consultation Schedule in
2023
C. Changes to the Tribal Transit Competitive
Program: Comments and Responses
D. Tribal Transit Technical Assistance
Improvements
A. Program Overview
Federal public transportation law (49
U.S.C. 5338(a)(2)(F) and 49 U.S.C.
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17:13 Jun 07, 2024
Jkt 262001
5311(j)), as amended by the
Infrastructure Investment and Jobs Act
(Pub. L. 117–58, the Bipartisan
Infrastructure Law or BIL), authorizes
the Public Transportation on Indian
Reservations Program (the Tribal Transit
Program or TTP) for Fiscal Years (FY)
2022–2026. The TTP is funded as a
takedown from the FTA’s Formula
Grants for Rural Areas Program under
49 U.S.C. 5311. Eligible direct recipients
are federally recognized American
Indian Tribes and Alaskan Native
Villages, groups and communities
providing public transportation in rural
areas, as identified by the U.S.
Department of the Interior (DOI) Bureau
of Indian Affairs (BIA) and published in
the Federal Register (89 FR 944). The
TTP funds are allocated for grants to
eligible recipients for any purpose
eligible under 49 U.S.C. 5311 including
capital, operating, and planning
projects. The TTP includes a formula
component and a competitive
component. BIL authorizes a total of
$229 million over five years, of which
$183.3 million is for the TTP formula
program, and $45.8 million for the TTP
competitive grant program.
Based on the published solicitation of
comments, and in-person and virtual
consultations referenced in this notice,
FTA is announcing certain policy
changes to the TTP competitive program
that may significantly affect Tribes.
Pursuant to USDOT Order 5301.1A
Department of Transportation Tribal
Consultation Policy and Procedures,
(https://www.transportation.gov/
mission/department-transportationtribal-consultation-policy-andprocedures) FTA, as an operating
administration (OA) of the United States
Department of Transportation (USDOT),
is committed to fostering and facilitating
positive government-to-government
consultations with federally recognized
Indian Tribes before implementing any
changes to FTA policies, programs, or
services that may have Tribal
implications.
This notice is consistent with the
policies and directives of Executive
Order (E.O.) 13175, Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249). The
Federal Government’s commitment to
implement E.O. 13175 is reaffirmed in
the Biden Administration’s January 26,
2021, Presidential Memo on Tribal
Consultation and Strengthening Nationto-Nation Relationships (https://
www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/26/
memorandum-on-tribal-consultationand-strengthening-nation-to-nationrelationships/) and the November 30,
2022, Presidential Memo on Uniform
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48953
Standards for Tribal Consultation
(https://www.whitehouse.gov/briefingroom/presidential-actions/2022/11/30/
memorandum-on-uniform-standardsfor-tribal-consultation/).
The TTP has been administered under
the results of the previous consultation
for over a decade. During this time
frame, funding and the number of Tribes
participating in the TTP has increased,
and Tribes have dealt with unforeseen
circumstances related to the COVID–19
pandemic, supply chain disruptions,
and increases in the cost of goods and
services. For example, with the
authorization of BIL, the funding
amount made available under the TTP
competitive program increased by 83
percent over levels authorized under the
Fixing America’s Surface Transportation
(FAST) Act. Furthermore, since FY
2013, the number of Tribes receiving
funding under the TTP formula program
has grown from 110 Tribes to 132 Tribes
in FY 2024. Therefore, in light of these
changing circumstances, FTA consulted
with Tribal recipients to ensure the TTP
policies are being administered in
effective and beneficial ways.
B. Outreach and Consultation Activities
in 2023
1. Outreach and Meetings
An in-person consultation was held in
conjunction with the National
Transportation in Indian Country
Conference (NTICC) in Anchorage,
Alaska on September 25, 2023.
Additionally, a virtual consultation
was on held on November 2, 2023.
Tribes that are eligible recipients of
FTA’s TTP were encouraged to attend
one or both of these meetings.
Comments made at these meetings
informed FTA’s decision-making.
2. Consultation Activities in 2023
• In-Person listening session at the
Department of Transportation Tribal
Transit Symposium held in Oklahoma
City: May 24–25, 2023.
• Publication of a Federal Register
notice with proposed program changes
to the TTP competitive program: August
15, 2023 at 88 FR 55498.
• In-person consultation meeting at
the NTICC: September 25, 2023.
• Virtual outreach meeting:
November 2, 2023.
C. Changes to the Competitive Program:
Comments and Responses
A total of $45,812,610 is authorized
for FY 2022–2026 for the TTP
competitive grant program. Funds may
be awarded to federally recognized
Indian Tribes for any purpose
authorized by 49 U.S.C. 5311. The
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48954
Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
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outcome of this consultation will impact
the administration of TTP competitive
funding awarded for FY 2024–2026. For
FY 2024–2026, a total of $28,123,961 is
made available under the TTP
competitive program.
Funding program
FY 2024
FY 2025
FY 2026
Tribal Transit Competitive Program .............................................................................................
$9,169,076
$9,358,487
$9,596,398
Program requirements for the TTP can
be found in the FTA Circular 9040.1G:
Formula Grants for Rural Areas:
Program Guidance and Application
Instructions (https://
www.transit.dot.gov/regulations-andguidance/fta-circulars/formula-grantsrural-areas-program-guidance-andapplication).
FTA received 29 comments from
Tribes and other stakeholders and
organizations from the in-person and
virtual consultations, and through the
docket opened for response to the
August 15, 2023, Federal Register
notice. The comments received from the
Tribes and Tribal organizations were
generally favorable to FTA’s proposed
implementation of the TTP. This section
outlines the specific questions FTA
asked during the consultations, the
comment responses received, and FTA’s
response.
1. Should TTP competitive program
funds continue to support capital,
operating and planning projects? These
types of projects are currently eligible
under the program. Limitations on
certain activities will leave more
funding available for the other types of
activities. For example, limiting or
removing operating projects as an
eligible project type will leave more
funding available for capital and
planning projects.
Comments: Several Tribes commented
that capital and operating assistance are
important for their Tribe’s specific
transit needs. One Tribe commented
that capital funds are needed for the
replacement of vehicles. Another Tribe
commented that capital funds are vital
to focus on climate change.
Response: FTA will continue to
support eligible capital, operating, and
planning projects under the TTP
competitive program. Additionally,
Tribes are eligible to receive funding
under other FTA programs such as the
Buses and Bus Facilities Competitive
Program (49 U.S.C. 5339(b)), which
makes Federal resources available to
replace, rehabilitate, and purchase buses
and related equipment and to construct
bus-related facilities, including
technological changes or innovations to
modify low or no emission vehicles or
facilities.
2. Should operating assistance under
the TTP competitive program be limited
based on the amount of TTP formula
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17:13 Jun 07, 2024
Jkt 262001
allocation received? Prior to the
pandemic, FTA limited operating
assistance to applicants who receive less
than $20,000 under the TTP formula
program. This threshold preserves TTP
competitive funds for larger capital
projects. Increasing or removing this
threshold would potentially reduce the
amount of funding available for capital
projects.
Comments: No comments were
received for this question.
Response: As in recent years, FTA
will continue to allow all eligible Tribes
to apply for operating assistance with no
threshold implemented under the TTP
competitive program.
3. Should the TTP competitive
program funds continue to support startup, expansion, and replacement capital
projects? These projects are currently
eligible under the program. Should FTA
prioritize start-up projects in order to
advance Tribal transit providers into the
formula program? Once a Tribal transit
provider begins operating service and
providing service data to the National
Transit Database, the provider will be
eligible to receive TTP formula funds.
Comments: Two Tribes commented
that FTA should establish separate TTP
competitive programs that support
planning, operating, capital, and startup projects.
Response: Separating start-up projects
from existing systems into two separate
competitive programs would not
increase the available funding. FTA will
continue to administer the TTP
competitive program as such and
support eligible start-up, expansion, and
replacement capital projects, as well as
support planning and operating
projects. This approach gives FTA
maximum flexibility to award funding
where it is needed most in a particular
fiscal year under the TTP competitive
program.
4. Should FTA establish a minimum
and/or maximum grant amount under
the TTP competitive program?
Currently, there is no minimum or
maximum set for allocations under this
program. However, planning grants are
capped at $25,000. Establishing a
maximum grant amount would preserve
funds for additional projects but may
prevent larger projects from being
funded at the full request.
Comments: One Tribe commented
that establishing a minimum or
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maximum grant amount under the TTP
competitive program is too restrictive
and there should be no funding request
limits.
Response: There will be no set
minimum or maximum grant award
amount for capital or operating projects.
FTA will fund capital and operating
projects based on the merit of the
application and the Tribe’s ability to
successfully address all evaluation
criteria.
5. Should FTA continue to cap
planning grants at $25,000 under the
TTP competitive program? Should FTA
retain the cap for planning grants but set
it at a different amount? This cap
preserves TTP competitive funds for
larger capital projects.
Comments: Many Tribes commented
that there should be an increase to the
cap on planning grants under the TTP
competitive program. Several Tribes
commented that the cap for planning
grants should be increased to $50,000.
Response: Starting in FY 2024, FTA
will increase the cap on planning grants
to $50,000 under the TTP competitive
program.
6. Should FTA require a local match
of 10 percent of total project costs for
both capital and operating assistance
projects under the TTP competitive
program? If so, should FTA continue to
include an option for Tribes to submit
a local match waiver request? In recent
years, there has been no match required
for either the TPP competitive or
formula programs. However, in the past,
a 10 percent match was required on TTP
competitive program projects, unless the
Tribe applied for a hardship waiver.
Requiring a local match would allow for
more projects to be funded but may
discourage some Tribes from applying
for funding.
Comments: Several Tribes commented
in favor of eliminating the local match
requirement or expanding the hardship
waiver. One Tribe commented that it is
difficult to obtain a match for smaller
Tribal communities. Another Tribe
commented that the local match hinders
the Tribe’s ability to apply for funds for
needed programs. Another Tribe stated
that it is discouraged from applying for
grants where local match is required
because of the administrative factor.
Response: FTA will not require a local
match for either capital or operating
assistance projects under the TTP
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Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
competitive program. FTA already does
not require a match for planning
projects. FTA will still permit Tribes to
voluntarily provide local match or
contribute to their projects with eligible
matching funds.
7. Should FTA retain the condition
that indirect costs not exceed 10 percent
of each TTP competitive grant
allocation? Providing a cap on the
percentage of a grant that can be applied
to indirect costs reserves more funding
for capital projects but may
underestimate the true amount of
indirect costs attributable to a project.
Comments: One Tribe commented
that the 10 percent is limited, while
indirect cost expenses are significantly
greater. Two Tribes commented to
eliminate indirect cost eligibility.
Another Tribe supported retaining the
10 percent indirect cost cap.
Response: FTA will retain the
condition that indirect costs do not
exceed 10 percent of each TTP
competitive grant allocation. This will
ensure the limited competitive
resources are spent on tangible transit
services and equipment.
8. Should FTA continue to provide
Tribes 90 days to submit applications
under the TTP competitive program
Notice of Funding Opportunity? In the
past, FTA has had either a 60-day or a
90-day deadline for application
submission under the TTP competitive
program.
Comments: Two Tribes commented
that FTA should maintain the 90-day
window to submit proposals.
Response: Since 2022, proposals
under the TTP competitive program
have been required to be submitted
within 90 days. FTA will continue to
provide Tribes 90 days to submit
proposals under the TTP competitive
program Notice of Funding
Opportunity.
9. Should FTA examine or alter any
other aspect of the TTP competitive
program?
Comments: Several comments were
received from Tribes requesting
additional funding be made available
under the TTP competitive program.
One Tribe commented that FTA should
consider listing examples of
applications that were not funded.
Response: In FY 2023, FTA allocated
$9.9 million for capital, operating, and
planning projects. The BIL includes
nearly $46 million in competitive
funding over five years for the TTP, an
increase of nearly 83 percent. FTA will
continue to offer debrief meetings to
unsuccessful applicants. During the
debrief, FTA explains why the
competitive application was not funded
and provides technical assistance that is
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17:13 Jun 07, 2024
Jkt 262001
intended to assist the Tribe in
submitting a more competitive
application in a subsequent
competition. Since 2023, FTA has
conducted approximately 20 debriefs for
unsuccessful Tribal applicants.
FTA also asked whether any Tribes
had comments about the administration
of the TTP formula program, however
no comments were received on that
topic.
D. Tribal Transit Technical Assistance
Improvements
Through the Tribal Transit Technical
Assistance Assessments Initiative, FTA
collaborates with TTP recipients to
review processes and identify areas in
need of improvement, and then assists
by offering solutions to address these
needs—all in a supportive manner that
results in technical assistance. These
assessments include discussions of
compliance areas pursuant to FTA’s
Master Agreement (https://
www.transit.dot.gov/funding/granteeresources/sample-fta-agreements/ftagrant-agreements), site visits, promising
practices reviews, and technical
assistance from FTA and its contractors.
These assessments also provide FTA
with opportunities to learn more about
Tribal perspectives. To date, FTA has
conducted 105 assessments and will
conduct 34 additional assessments by
the end of the FY 2024 assessment
cycle.
FTA also offers technical assistance to
Tribes through its National Rural
Transit Assistance Program (National
RTAP) (https://www.nationalrtap.org/)
and FTA Regional Offices (https://
www.transit.dot.gov/about/regionaloffices/regional-offices) provide direct
technical assistance to Tribal recipients
in their respective regions. FTA sought
comments on its technical assistance
efforts through the following question:
1. How can FTA improve its technical
assistance efforts for Tribal recipients?
Comments: Two commenters
requested more training resources for
TrAMS and National Transit Database
reporting. Two Tribes commented that
more training should be available for
transit planning and resources for the
implementation of start-up transit
services.
Response: FTA will continue to
improve, enhance, and expand technical
assistance efforts for TrAMS and NTD.
National RTAP offers resources for
Tribal and rural transit providers and
will continue to offer those resources
and expand their technical assistance to
include trainings on the implementation
of a Tribal transit system. Some of the
currently available National RTAP
resources can be found at: https://
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48955
www.nationalrtap.org/Toolkits/TransitManagers-Toolkit/Tribal-Transit/
Welcome.
Veronica Vanterpool,
Acting Administrator.
[FR Doc. 2024–12607 Filed 6–7–24; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Meeting of the Transit
Advisory Committee for Safety
Federal Transit Administration,
Department of Transportation.
ACTION: Notice of public meeting.
AGENCY:
The Federal Transit
Administration (FTA) announces a
public meeting of the Transit Advisory
Committee for Safety (TRACS).
DATES: The TRACS meeting will be held
on June 24, 2024, from 10:00 a.m. to
4:30 p.m. Eastern Time and June 25,
2024, from 9:00 a.m. to 2:00 p.m.
Eastern Time. Requests to attend the
meeting in person or virtually must be
received no later than June 17, 2024.
Requests for disability accommodations
must be received no later than June 17,
2024. Requests to verbally address the
committee during the meeting must be
submitted with a written copy of the
remarks to the U.S. Department of
Transportation (DOT) no later than June
17, 2024. Requests to submit written
materials to be reviewed during the
meeting must be received no later than
June 17, 2024.
ADDRESSES: The meeting will be held in
person at DOT Headquarters, 1200 New
Jersey Avenue SE, Washington, District
of Columbia, 20590 and virtually via
Zoom for Government. Any committee
related requests should be sent by email
to TRACS@dot.gov. The virtual
meeting’s online access link and a
detailed agenda will be provided upon
registration. They will also be posted on
the TRACS web page at: https://
www.transit.dot.gov/regulations-andguidance/safety/transit-advisorycommittee-safety-tracs one week in
advance of the meeting. A copy of the
meeting minutes and other TRACS
related information will also be
available on the TRACS web page.
FOR FURTHER INFORMATION CONTACT:
Joseph DeLorenzo, TRACS Designated
Federal Officer, Associate
Administrator, FTA Office of Transit
Safety and Oversight, (202) 366–1783,
Joseph.DeLorenzo@dot.gov; or Bridget
Zamperini, TRACS Program Manager,
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48953-48955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12607]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Public Transportation on Indian Reservations Program; Tribal
Transit Program; Response to Comments
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Responses to the request for comments and in-person and virtual
consultations.
-----------------------------------------------------------------------
SUMMARY: This notice summarizes and responds to comments the Federal
Transit Administration (FTA) received in response to an August 15,
2023, Federal Register notice, a September 25, 2023, in-person
consultation session, and a November 2, 2023, virtual consultation
session regarding how the FTA Tribal Transit competitive program and
technical assistance should be provided to Tribes.
DATES: Applicable date: June 10, 2024.
FOR FURTHER INFORMATION CONTACT: Elan Flippin-Jones, Office of Program
Management, (202) 366-3800 or email [email protected]. A TDD is
available at 1-800-877-8339 (TDD/FIRS).
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Overview
B. Outreach and Consultation Schedule in 2023
C. Changes to the Tribal Transit Competitive Program: Comments and
Responses
D. Tribal Transit Technical Assistance Improvements
A. Program Overview
Federal public transportation law (49 U.S.C. 5338(a)(2)(F) and 49
U.S.C. 5311(j)), as amended by the Infrastructure Investment and Jobs
Act (Pub. L. 117-58, the Bipartisan Infrastructure Law or BIL),
authorizes the Public Transportation on Indian Reservations Program
(the Tribal Transit Program or TTP) for Fiscal Years (FY) 2022-2026.
The TTP is funded as a takedown from the FTA's Formula Grants for Rural
Areas Program under 49 U.S.C. 5311. Eligible direct recipients are
federally recognized American Indian Tribes and Alaskan Native
Villages, groups and communities providing public transportation in
rural areas, as identified by the U.S. Department of the Interior (DOI)
Bureau of Indian Affairs (BIA) and published in the Federal Register
(89 FR 944). The TTP funds are allocated for grants to eligible
recipients for any purpose eligible under 49 U.S.C. 5311 including
capital, operating, and planning projects. The TTP includes a formula
component and a competitive component. BIL authorizes a total of $229
million over five years, of which $183.3 million is for the TTP formula
program, and $45.8 million for the TTP competitive grant program.
Based on the published solicitation of comments, and in-person and
virtual consultations referenced in this notice, FTA is announcing
certain policy changes to the TTP competitive program that may
significantly affect Tribes. Pursuant to USDOT Order 5301.1A Department
of Transportation Tribal Consultation Policy and Procedures, (https://www.transportation.gov/mission/department-transportation-tribal-consultation-policy-and-procedures) FTA, as an operating administration
(OA) of the United States Department of Transportation (USDOT), is
committed to fostering and facilitating positive government-to-
government consultations with federally recognized Indian Tribes before
implementing any changes to FTA policies, programs, or services that
may have Tribal implications.
This notice is consistent with the policies and directives of
Executive Order (E.O.) 13175, Consultation and Coordination with Indian
Tribal Governments (65 FR 67249). The Federal Government's commitment
to implement E.O. 13175 is reaffirmed in the Biden Administration's
January 26, 2021, Presidential Memo on Tribal Consultation and
Strengthening Nation-to-Nation Relationships (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-on-tribal-consultation-and-strengthening-nation-to-nation-relationships/) and the November 30, 2022, Presidential Memo on Uniform
Standards for Tribal Consultation (https://www.whitehouse.gov/briefing-room/presidential-actions/2022/11/30/memorandum-on-uniform-standards-for-tribal-consultation/).
The TTP has been administered under the results of the previous
consultation for over a decade. During this time frame, funding and the
number of Tribes participating in the TTP has increased, and Tribes
have dealt with unforeseen circumstances related to the COVID-19
pandemic, supply chain disruptions, and increases in the cost of goods
and services. For example, with the authorization of BIL, the funding
amount made available under the TTP competitive program increased by 83
percent over levels authorized under the Fixing America's Surface
Transportation (FAST) Act. Furthermore, since FY 2013, the number of
Tribes receiving funding under the TTP formula program has grown from
110 Tribes to 132 Tribes in FY 2024. Therefore, in light of these
changing circumstances, FTA consulted with Tribal recipients to ensure
the TTP policies are being administered in effective and beneficial
ways.
B. Outreach and Consultation Activities in 2023
1. Outreach and Meetings
An in-person consultation was held in conjunction with the National
Transportation in Indian Country Conference (NTICC) in Anchorage,
Alaska on September 25, 2023.
Additionally, a virtual consultation was on held on November 2,
2023. Tribes that are eligible recipients of FTA's TTP were encouraged
to attend one or both of these meetings. Comments made at these
meetings informed FTA's decision-making.
2. Consultation Activities in 2023
In-Person listening session at the Department of
Transportation Tribal Transit Symposium held in Oklahoma City: May 24-
25, 2023.
Publication of a Federal Register notice with proposed
program changes to the TTP competitive program: August 15, 2023 at 88
FR 55498.
In-person consultation meeting at the NTICC: September 25,
2023.
Virtual outreach meeting: November 2, 2023.
C. Changes to the Competitive Program: Comments and Responses
A total of $45,812,610 is authorized for FY 2022-2026 for the TTP
competitive grant program. Funds may be awarded to federally recognized
Indian Tribes for any purpose authorized by 49 U.S.C. 5311. The
[[Page 48954]]
outcome of this consultation will impact the administration of TTP
competitive funding awarded for FY 2024-2026. For FY 2024-2026, a total
of $28,123,961 is made available under the TTP competitive program.
----------------------------------------------------------------------------------------------------------------
Funding program FY 2024 FY 2025 FY 2026
----------------------------------------------------------------------------------------------------------------
Tribal Transit Competitive Program........................... $9,169,076 $9,358,487 $9,596,398
----------------------------------------------------------------------------------------------------------------
Program requirements for the TTP can be found in the FTA Circular
9040.1G: Formula Grants for Rural Areas: Program Guidance and
Application Instructions (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application).
FTA received 29 comments from Tribes and other stakeholders and
organizations from the in-person and virtual consultations, and through
the docket opened for response to the August 15, 2023, Federal Register
notice. The comments received from the Tribes and Tribal organizations
were generally favorable to FTA's proposed implementation of the TTP.
This section outlines the specific questions FTA asked during the
consultations, the comment responses received, and FTA's response.
1. Should TTP competitive program funds continue to support
capital, operating and planning projects? These types of projects are
currently eligible under the program. Limitations on certain activities
will leave more funding available for the other types of activities.
For example, limiting or removing operating projects as an eligible
project type will leave more funding available for capital and planning
projects.
Comments: Several Tribes commented that capital and operating
assistance are important for their Tribe's specific transit needs. One
Tribe commented that capital funds are needed for the replacement of
vehicles. Another Tribe commented that capital funds are vital to focus
on climate change.
Response: FTA will continue to support eligible capital, operating,
and planning projects under the TTP competitive program. Additionally,
Tribes are eligible to receive funding under other FTA programs such as
the Buses and Bus Facilities Competitive Program (49 U.S.C. 5339(b)),
which makes Federal resources available to replace, rehabilitate, and
purchase buses and related equipment and to construct bus-related
facilities, including technological changes or innovations to modify
low or no emission vehicles or facilities.
2. Should operating assistance under the TTP competitive program be
limited based on the amount of TTP formula allocation received? Prior
to the pandemic, FTA limited operating assistance to applicants who
receive less than $20,000 under the TTP formula program. This threshold
preserves TTP competitive funds for larger capital projects. Increasing
or removing this threshold would potentially reduce the amount of
funding available for capital projects.
Comments: No comments were received for this question.
Response: As in recent years, FTA will continue to allow all
eligible Tribes to apply for operating assistance with no threshold
implemented under the TTP competitive program.
3. Should the TTP competitive program funds continue to support
start-up, expansion, and replacement capital projects? These projects
are currently eligible under the program. Should FTA prioritize start-
up projects in order to advance Tribal transit providers into the
formula program? Once a Tribal transit provider begins operating
service and providing service data to the National Transit Database,
the provider will be eligible to receive TTP formula funds.
Comments: Two Tribes commented that FTA should establish separate
TTP competitive programs that support planning, operating, capital, and
start-up projects.
Response: Separating start-up projects from existing systems into
two separate competitive programs would not increase the available
funding. FTA will continue to administer the TTP competitive program as
such and support eligible start-up, expansion, and replacement capital
projects, as well as support planning and operating projects. This
approach gives FTA maximum flexibility to award funding where it is
needed most in a particular fiscal year under the TTP competitive
program.
4. Should FTA establish a minimum and/or maximum grant amount under
the TTP competitive program? Currently, there is no minimum or maximum
set for allocations under this program. However, planning grants are
capped at $25,000. Establishing a maximum grant amount would preserve
funds for additional projects but may prevent larger projects from
being funded at the full request.
Comments: One Tribe commented that establishing a minimum or
maximum grant amount under the TTP competitive program is too
restrictive and there should be no funding request limits.
Response: There will be no set minimum or maximum grant award
amount for capital or operating projects. FTA will fund capital and
operating projects based on the merit of the application and the
Tribe's ability to successfully address all evaluation criteria.
5. Should FTA continue to cap planning grants at $25,000 under the
TTP competitive program? Should FTA retain the cap for planning grants
but set it at a different amount? This cap preserves TTP competitive
funds for larger capital projects.
Comments: Many Tribes commented that there should be an increase to
the cap on planning grants under the TTP competitive program. Several
Tribes commented that the cap for planning grants should be increased
to $50,000.
Response: Starting in FY 2024, FTA will increase the cap on
planning grants to $50,000 under the TTP competitive program.
6. Should FTA require a local match of 10 percent of total project
costs for both capital and operating assistance projects under the TTP
competitive program? If so, should FTA continue to include an option
for Tribes to submit a local match waiver request? In recent years,
there has been no match required for either the TPP competitive or
formula programs. However, in the past, a 10 percent match was required
on TTP competitive program projects, unless the Tribe applied for a
hardship waiver. Requiring a local match would allow for more projects
to be funded but may discourage some Tribes from applying for funding.
Comments: Several Tribes commented in favor of eliminating the
local match requirement or expanding the hardship waiver. One Tribe
commented that it is difficult to obtain a match for smaller Tribal
communities. Another Tribe commented that the local match hinders the
Tribe's ability to apply for funds for needed programs. Another Tribe
stated that it is discouraged from applying for grants where local
match is required because of the administrative factor.
Response: FTA will not require a local match for either capital or
operating assistance projects under the TTP
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competitive program. FTA already does not require a match for planning
projects. FTA will still permit Tribes to voluntarily provide local
match or contribute to their projects with eligible matching funds.
7. Should FTA retain the condition that indirect costs not exceed
10 percent of each TTP competitive grant allocation? Providing a cap on
the percentage of a grant that can be applied to indirect costs
reserves more funding for capital projects but may underestimate the
true amount of indirect costs attributable to a project.
Comments: One Tribe commented that the 10 percent is limited, while
indirect cost expenses are significantly greater. Two Tribes commented
to eliminate indirect cost eligibility. Another Tribe supported
retaining the 10 percent indirect cost cap.
Response: FTA will retain the condition that indirect costs do not
exceed 10 percent of each TTP competitive grant allocation. This will
ensure the limited competitive resources are spent on tangible transit
services and equipment.
8. Should FTA continue to provide Tribes 90 days to submit
applications under the TTP competitive program Notice of Funding
Opportunity? In the past, FTA has had either a 60-day or a 90-day
deadline for application submission under the TTP competitive program.
Comments: Two Tribes commented that FTA should maintain the 90-day
window to submit proposals.
Response: Since 2022, proposals under the TTP competitive program
have been required to be submitted within 90 days. FTA will continue to
provide Tribes 90 days to submit proposals under the TTP competitive
program Notice of Funding Opportunity.
9. Should FTA examine or alter any other aspect of the TTP
competitive program?
Comments: Several comments were received from Tribes requesting
additional funding be made available under the TTP competitive program.
One Tribe commented that FTA should consider listing examples of
applications that were not funded.
Response: In FY 2023, FTA allocated $9.9 million for capital,
operating, and planning projects. The BIL includes nearly $46 million
in competitive funding over five years for the TTP, an increase of
nearly 83 percent. FTA will continue to offer debrief meetings to
unsuccessful applicants. During the debrief, FTA explains why the
competitive application was not funded and provides technical
assistance that is intended to assist the Tribe in submitting a more
competitive application in a subsequent competition. Since 2023, FTA
has conducted approximately 20 debriefs for unsuccessful Tribal
applicants.
FTA also asked whether any Tribes had comments about the
administration of the TTP formula program, however no comments were
received on that topic.
D. Tribal Transit Technical Assistance Improvements
Through the Tribal Transit Technical Assistance Assessments
Initiative, FTA collaborates with TTP recipients to review processes
and identify areas in need of improvement, and then assists by offering
solutions to address these needs--all in a supportive manner that
results in technical assistance. These assessments include discussions
of compliance areas pursuant to FTA's Master Agreement (https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreements), site visits, promising practices reviews, and
technical assistance from FTA and its contractors. These assessments
also provide FTA with opportunities to learn more about Tribal
perspectives. To date, FTA has conducted 105 assessments and will
conduct 34 additional assessments by the end of the FY 2024 assessment
cycle.
FTA also offers technical assistance to Tribes through its National
Rural Transit Assistance Program (National RTAP) (https://www.nationalrtap.org/) and FTA Regional Offices (https://www.transit.dot.gov/about/regional-offices/regional-offices) provide
direct technical assistance to Tribal recipients in their respective
regions. FTA sought comments on its technical assistance efforts
through the following question:
1. How can FTA improve its technical assistance efforts for Tribal
recipients?
Comments: Two commenters requested more training resources for
TrAMS and National Transit Database reporting. Two Tribes commented
that more training should be available for transit planning and
resources for the implementation of start-up transit services.
Response: FTA will continue to improve, enhance, and expand
technical assistance efforts for TrAMS and NTD. National RTAP offers
resources for Tribal and rural transit providers and will continue to
offer those resources and expand their technical assistance to include
trainings on the implementation of a Tribal transit system. Some of the
currently available National RTAP resources can be found at: https://www.nationalrtap.org/Toolkits/Transit-Managers-Toolkit/Tribal-Transit/Welcome.
Veronica Vanterpool,
Acting Administrator.
[FR Doc. 2024-12607 Filed 6-7-24; 8:45 am]
BILLING CODE 4910-57-P
