Notice2022-11336
FY 2022 Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 26, 2022
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for $13,160,021 in Fiscal Year (FY) 2021 and FY 2022 funding under the Pilot Program for Transit-Oriented Development Planning (TOD Pilot Program). As required by Federal public transportation law and subject to funding availability, funds will be awarded competitively to support comprehensive planning or site- specific planning associated with new fixed guideway and core capacity improvement projects. FTA may award additional funding that is made available to the TOD Pilot Program prior to the announcement of project selections.
Full Text
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<title>Federal Register, Volume 87 Issue 102 (Thursday, May 26, 2022)</title>
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[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Notices]
[Pages 32069-32075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11336]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2022 Competitive Funding Opportunity: Pilot Program for
Transit-Oriented Development Planning
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of Funding Opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $13,160,021 in Fiscal Year (FY) 2021 and FY
2022 funding under the Pilot Program for Transit-Oriented Development
Planning (TOD Pilot Program). As required by Federal public
transportation law and subject to funding availability, funds will be
awarded competitively to support comprehensive planning or site-
specific planning associated with new fixed guideway and core capacity
improvement projects. FTA may award additional funding that is made
available to the TOD Pilot Program prior to the announcement of project
selections.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. July 25, 2022. Any
applicant intending to apply should initiate the process by registering
on the Grants.Gov website immediately to ensure completion of
registration before the submission deadline. Instructions for applying
can be found on FTA's website at <a href="https://www.transit.dot.gov/TODPilot">https://www.transit.dot.gov/TODPilot</a>
and in the ``FIND'' module of GRANTS.GOV. The GRANTS.GOV funding
opportunity ID is FTA-2022-004-TPE-TODP. Mail and fax submissions will
not be accepted.
FOR FURTHER INFORMATION CONTACT: April McLean-McCoy, FTA Office of
Planning and Environment, (202) 366-7429, or <a href="/cdn-cgi/l/email-protection#5f1e2f2d363371123c133a3e31123c1c30261f3b302b71383029"><span class="__cf_email__" data-cfemail="e9a8999b8085c7a48aa58c8887a48aaa8690a98d869dc78e869f">[email protected]</span></a>.
A TDD is available at 1-800-877-8339 (TDD/FIRS).
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
Section 20005(b) of the Moving Ahead for Progress in the 21st
Century Act (MAP-21; Pub. L. 112-141, July 6, 2012), with funding
authorized by 49 U.S.C. 5338(a)(2)(B), and section 30009 of the
Bipartisan Infrastructure Law, enacted as the Infrastructure Investment
and Jobs Act (Pub. L. 117-58), authorizes FTA to award grants under the
TOD Pilot Program. This funding opportunity is occurring under Federal
Assistance Listing number 20.500.
This program supports FTA's strategic goals and objectives through
the timely and efficient investment in public transportation. The TOD
Pilot Program grants are competitively awarded to local communities to
integrate land use and transportation planning with a new fixed
guideway or core capacity improvement transit capital project as
defined in Federal public transportation law (49 U.S.C. 5309(a)). (See
Section C of this NOFO for more information about eligibility.) The TOD
Pilot Program supports the President's efforts to mobilize American
ingenuity to build a modern infrastructure and an equitable future. In
addition, through promotion of increased transportation access to
environmental justice populations, equity-focused community outreach
and public engagement of underserved communities and adoption of
equity-focused policies, reduction of greenhouse gas emissions, and
addressing the effects of climate change, the TOD Program and this NOFO
advance the goals of Executive Order 13985: Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government;
Executive Order 13900: Protecting Public Health and the Environment and
Restoring Science to Tackle Climate Crisis; and Executive Order 14008:
Tackling the Climate Crisis at Home and Abroad. Additionally, in
support of the Federal House America Initiative led by the Department
of Housing and Urban Development, DOT, through this NOFO, is reviewing
opportunities to prioritize TOD planning grants in areas of high
incidence rates of homelessness, in the hope of providing opportunities
for localities to address homelessness holistically through their
planning processes.
The TOD Pilot Program intends to fund comprehensive planning that
supports economic development, increased transit ridership and value
capture multimodal connectivity, accessibility, increased transit
access for pedestrian and bicycle traffic, and mixed-use and mixed-
income development near transit stations; delivers 40 percent of the
overall benefits of the planning work to Historically Disadvantaged
Communities (defined below); and addresses climate change, 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 is seeking comprehensive or site-specific planning projects
that cover an entire transit capital project corridor. To ensure that
any proposed planning work both reflects the needs and aspirations of
the local community and results in concrete, specific deliverables and
outcomes, transit project sponsors must partner with entities with land
use planning authority in the transit project corridor to conduct the
planning work.
B. Federal Award Information
FTA intends to award all available funding in the form of grants to
selected applicants responding to this NOFO. A total of $13,160,021
will be made available through this NOFO. The authorized funding level
in the Bipartisan Infrastructure Law is $13,157,184 in Fiscal Year (FY)
2022 funds and $2,837 remaining from the FY 2021 appropriation.
Additional funds made available prior to project selection may be
allocated to eligible projects. Only proposals from eligible recipients
for eligible activities will be considered for funding. Due to funding
limitations, applicants that are selected for funding may receive less
than the amount originally requested and are thus encouraged to
identify a scaled funding request in their application.
In response to the last NOFO that closed on June 21, 2021, the TOD
Pilot Program received applications for 24 eligible projects requesting
a total of $16,401,500. Of the 24 eligible applications received, (20)
projects were funded at a total of $11,026,500.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2022 project selections are announced
on FTA's website. Funds are available for obligation for four fiscal
years after the fiscal year in which the competitive awards are
announced. Funds are available only for projects that have not incurred
costs prior to the announcement of project selections.
C. Eligibility Information
1. Eligible Applicants
Applicants to the TOD Pilot Program must be a State or States, U.S.
Territory, or local governmental authorities and 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
[[Page 32070]]
defined below in Section C, subsection 3, or an entity with land use
planning authority in the project corridor of an eligible transit
capital project. Except in cases where an applicant is both the sponsor
of an eligible transit project and has land use authority in at least a
portion of the transit project corridor, the applicant must partner
with the relevant transit project sponsor or at least one entity in the
project corridor with land use planning authority. Documentation of
this partnership must be included with the application; see Section D,
subsection 2 of this NOFO for further information.
Only one application per transit capital project corridor may be
submitted to FTA. Multiple applications submitted for a single transit
capital project corridor indicate that partnerships are not in place,
and FTA may reject all of the applications. FTA will accept multiple
applications for the same corridor if each application is a site-
specific application, the applications are submitted by separate
applicants with different land-use authorities, and a given application
does not overlap with any other application that would cover the same
site.
2. Cost Sharing or Matching
The maximum Federal funding share is 80 percent.
Eligible sources of non-Federal match include the following: Cash
from non-Federal sources (other than revenues from providing public
transportation services); revenues derived from the sale of advertising
and concessions; amounts received under a service agreement with a
State or local social service agency or private social service
organization; revenues generated from value capture financing
mechanisms; funds from an undistributed cash surplus; replacement or
depreciation cash fund or reserve; or new funding. In-kind
contributions are permitted. Transportation Development Credits
(formerly referred to as Toll Revenue Credits) may not be used to
satisfy the non-Federal match requirement.
3. Other Eligibility Criteria
i. Eligible Transit Projects
Any comprehensive or site-specific planning work proposed for
funding under the TOD Pilot Program must be associated with an eligible
transit capital project. To be eligible, the proposed transit capital
project must be a new fixed guideway project or a core capacity
improvement project, as defined by Federal public transportation law
(49 U.S.C. 5302(8)).
A fixed guideway is a public transportation facility:
(A) Using and occupying a separate right-of-way for the exclusive
use of public transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
A new fixed guideway capital project is defined in (49 U.S.C.
5309(a)) to be:
(A) A new fixed guideway project that is a minimum operable segment
or extension to an existing fixed guideway system; or
(B) a fixed guideway bus rapid transit project that is a minimum
operable segment or an extension to an existing bus rapid transit
system.
A fixed guideway bus rapid transit project is defined in (49 U.S.C.
5309(a)) as a bus capital project:
(A) In which the majority of the project operates in a separated
right-of-way dedicated for public transportation use during peak
periods;
(B) that represents a substantial investment in a single route in a
defined corridor or subarea; and
(C) that includes features that emulate the services provided by
rail fixed guideway public transportation systems, including:
(i) Defined stations;
(ii) traffic signal priority for public transportation vehicles;
(iii) short headway bidirectional services for a substantial part
of weekdays and weekend days; and
(iv) any other features the Secretary may determine are necessary
to produce high-quality public transportation services that emulate the
services provided by rail fixed guideway public transportation systems.
A core capacity improvement project is defined by 49 U.S.C. 5309(a)
to mean a substantial corridor-based capital investment in an existing
fixed guideway system that increases the capacity of the corridor by
not less than 10 percent. The term does not include project elements
designed to maintain a state of good repair of the existing fixed
guideway system.
Comprehensive or site-specific planning work in a corridor for a
transit capital project that does not meet the statutory definitions
above of either a new fixed guideway project or a core capacity
improvement project is not eligible under the TOD Pilot Program.
ii. Eligible Activities
As outlined in the Application Review Information section below,
any comprehensive or site-specific planning funded under the TOD Pilot
Program must address all six factors set forth set in Section
20005(b)(2) of MAP-21, as amended by section 30009 of the Bipartisan
Infrastructure Law. Additionally, the comprehensive or site-specific
planning effort must advance the metropolitan planning organization's
metropolitan transportation plan. Applicants must establish performance
criteria for the planning effort.
The following are examples of the types of substantial deliverables
that may result from the comprehensive or site-specific planning work.
Substantial deliverables are reports, plans and other materials that
represent the key accomplishments of the comprehensive planning effort
and that must be submitted to FTA as each is completed. Substantial
deliverables may include, but are not restricted to, the following:
i. A comprehensive plan report that includes corridor development
policies and station development plans comprising the corridor or the
specific site, a proposed timeline, and recommended financing
strategies for these plans;
ii. A strategic plan report that includes corridor specific
planning strategies and program recommendations to support
comprehensive planning;
iii. Revised TOD-focused zoning codes and/or resolutions;
iv. A report evaluating and recommending financial tools to
encourage TOD implementation such as land banking, value capture, and
development financing;
v. Policies to encourage TOD, including actions that reduce
regulatory barriers that unnecessarily raise the costs of housing
development or impede the development of affordable housing;
vi. Policies to encourage TOD, including actions that increase
access to environmental justice populations, reduces greenhouse gas
emissions, and the effects of climate change, or
vii. Local or regional resolutions to implement TOD plans and/or
establish TOD funding mechanisms;
viii. Policies to prioritize TOD in areas with high incidence rates
of homelessness for localities to address homelessness holistically
through their planning processes;
iii. Ineligible Activities
FTA will not make awards for the following activities:
i. Transit project development activities that would be
reimbursable under an FTA capital grant, such as project planning, the
design and engineering of stations and other facilities, environmental
analyses needed for the transit capital project, or
[[Page 32071]]
costs associated with specific joint development activities; and
ii. Capital projects, such as land acquisition, construction, and
utility relocation.
D. Application and Submission Information
1. Address To Request Application Package
Applications must be submitted electronically through GRANTS.GOV.
The application is only available on <a href="http://Grants.gov">Grants.gov</a> and must be submitted
electronically through grants.gov. General information for submitting
applications through GRANTS.GOV can be found at <a href="https://www.transit.dot.gov/howtoapply">https://www.transit.dot.gov/howtoapply</a> 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 2022 TOD Pilot Program can be downloaded from
GRANTS.GOV or the FTA website at <a href="https://www.transit.dot.gov/TODPilot">https://www.transit.dot.gov/TODPilot</a>.
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
<a href="https://www.transit.dot.gov/TODPilot">https://www.transit.dot.gov/TODPilot</a>. The information on the
supplemental form will be used to determine applicant and project
eligibility for the program, and to evaluate the proposal against the
selection criteria described in part E of this notice;
ii. A map of the proposed study area showing the transit project
alignment and stations, major roadways, major landmarks, and the
geographic boundaries of the proposed comprehensive planning
activities;
iii. Documentation of a partnership between the transit project
sponsor and an entity in the project corridor with land use planning
authority to conduct the comprehensive planning work, if the applicant
does not have both of these responsibilities. Documentation may consist
of a memorandum of agreement or letter of intent signed by all parties
that describes the parties' roles and responsibilities in the proposed
comprehensive planning project; and
iv. Documentation of any funding commitments for the proposed
comprehensive or site-specific planning work.
Information such as the applicant's name, Federal amount requested,
local match amount, and description of the study area, are requested in
varying degrees of detail on both the SF-424 form and supplemental
form. Applicants must fill in all fields unless stated otherwise on the
forms. Applicants should use both the ``Check Package for Errors'' and
the ``Validate Form'' buttons on both forms to check all required
fields and ensure that the Federal and local amounts specified are
consistent. In the event of errors with the supplemental form, FTA
recommends saving the form on your computer and ensuring that
JavaScript is enabled in your PDF reader. The information listed below
must be included on the SF-424 and supplemental forms for TOD Pilot
Program funding applications.
The SF-424 and supplemental form will prompt applicants to address
the following items:
1. Provide the name of the lead applicant and, if applicable, the
specific co-sponsors submitting the application.
2. Provide the applicant's Dun and Bradstreet Data Universal
Numbering System (DUNS) number.
3. Provide contact information including: Contact name, title,
address, phone number, and email address.
4. Specify the Congressional district(s) where the planning project
will take place.
5. Identify the project title and project scope to be funded,
including anticipated substantial deliverables and the milestones at
when they will be provided to FTA.
6. Identify and describe an eligible transit project that meets the
requirements of Section C, subsection 3 of this notice.
7. Provide evidence of a partnership between the transit project
sponsor and at least one agency with land use authority in the transit
capital project corridor, as described earlier in this subsection.
8. Address the six factors set forth in MAP-21 Section 20005(b)(2).
9. Address each evaluation criterion separately, demonstrating how
the project responds to each criterion as described in Section E.
10. Provide a line-item budget for the total planning effort, with
enough detail to indicate the various key components of the
comprehensive planning project.
11. Identify the Federal amount requested.
12. Document the matching funds, including amount and source of the
match (may include local or private sector financial participation in
the project). Describe whether the matching funds are committed or
planned and include documentation of the commitments.
13. Provide explanation of the scalability of the project.
14. Address whether other Federal funds have been sought or
received for the comprehensive or site-specific planning project.
15. Provide a schedule and process for the development of the
comprehensive plan that includes anticipated dates for incorporating
the planning work effort into the region's unified planning work
program, completing major tasks and substantial deliverables, and
completing the overall planning effort.
16. Describe how the comprehensive or site-specific planning work
advances the metropolitan transportation plan of the metropolitan
planning organization.
17. Propose performance criteria for the development and
implementation of the comprehensive or site-specific planning work.
18. 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.
19. Describe how the comprehensive or site-specific planning work
addresses climate change and elevates challenges facing environmental
justice populations.
20. Describe how the comprehensive or site-specific planning work
allows 40 percent of the overall benefits to flow to Historically
Disadvantaged Communities (defined below).
21. 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.
22. 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, how will local residents surrounding the comprehensive or
site-specific planning work will include community engagement,
especially those that have been historically excluded.
23. Describe how the comprehensive or site-specific planning work
includes value capture elements.
24. Describe the community input process for your comprehensive or
site-
[[Page 32072]]
specific planning work, and identify infrastructure needs associated
with the eligible project.
25. Describe how the comprehensive or site-specific planning work
incorporates affordable housing or other mixed-income elements.
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) Be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. FTA may not make an award until the applicant has
complied with all applicable unique entity identifier and SAM
requirements. If an applicant has not fully complied with the
requirements by the time FTA is ready to make an award, FTA may
determine that the applicant is not qualified to receive an award and
use that determination as a basis for making a Federal award to another
applicant. These requirements do not apply if the applicant is excepted
from registration per 2 CFR 25.110. SAM registration takes
approximately 3-5 business days, but FTA recommends allowing ample
time, up to several weeks, for completion of all steps. For additional
information on obtaining a unique entity identifier, please visit
<a href="http://www.sam.gov">www.sam.gov</a>.
4. Submission Dates and Times
Project proposals must be submitted electronically through <a href="http://www.GRANTS.GOV">http://www.GRANTS.GOV</a> by 11:59 p.m. Eastern Time July 25, 2022. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances not under the applicant's control.
Applications are time and date stamped by GRANTS.GOV upon successful
submission. Mail, email, and fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive two email messages from GRANTS.GOV: (1)
Confirmation of successful transmission to GRANTS.GOV; and (2)
confirmation of successful validation by GRANTS.GOV. FTA will then
validate the application and will attempt to notify any applicants
whose applications could not be validated. If the applicant does not
receive confirmation of successful validation or a notice of failed
validation or incomplete materials, the applicant must address the
reason for the failed validation, as described in the email notice, and
resubmit before the submission deadline. If making a resubmission for
any reason, include all original attachments regardless of which
attachments were updated and check the box on the supplemental form
indicating this is a resubmission. An application that is submitted at
the deadline and cannot be validated will be marked as incomplete, and
such applicants will not receive additional time to re-submit.
FTA urges applicants to submit their applications at least 96 hours
prior to the due date to allow time to receive the validation messages
and to correct any problems that may have caused a rejection
notification. GRANTS.GOV scheduled maintenance and outage times are
announced on the GRANTS.GOV website at <a href="http://www.GRANTS.GOV">http://www.GRANTS.GOV</a>. Deadlines
will not be extended due to scheduled maintenance or outages.
Applicants are encouraged to begin the registration process on the
GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registration up to
date before submissions can be made successfully: (1) Registration in
SAM is renewed annually and (2) persons making submissions on behalf of
the Authorized Organization Representative (AOR) must be authorized in
GRANTS.GOV by the AOR to make submissions.
5. Funding Restrictions
See Section C of this NOFO for detailed eligibility requirements.
FTA emphasizes that any comprehensive or site-specific planning
projects funded through the TOD Pilot Program must be associated with
an eligible transit project, specifically a new fixed guideway project
or a core capacity improvement project as defined in Federal transit
statute, 49 U.S.C. 5309(a). Projects are not required to be funded
through the Capital Investment Grant Program. Funds must be used only
for the specific purposes requested in the application. Funds under
this NOFO cannot be used to reimburse projects for otherwise eligible
expenses incurred prior to FTA's announcement of project selections and
issuance of pre-award authority. Refer to Section C.3., Eligible
Projects, for information on activities that are allowable in this
grant program. Allowable direct and indirect expenses must be
consistent with the Government-wide Uniform Administrative Requirements
and Cost Principles (2 CFR part 200) and FTA Circular 5010.1E.
6. Other Submission Requirements
Applicants are encouraged to identify scaled funding options in
case insufficient funding is available to fund a project at the full
requested amount. If an applicant indicates that a project is scalable,
the applicant must provide an appropriate minimum funding amount that
will fund an eligible project that achieves the objectives of the
program and meets all relevant program requirements. The applicant must
provide a clear explanation of how the project budget would be affected
by a reduced award. FTA may award a lesser amount regardless of whether
a scalable option is provided.
All applications must be submitted via the GRANTS.GOV website. FTA
does not accept applications on paper, by fax machine, email, or other
means. For information on application submission requirements, please
see Section D.1., Address to Request Application and Section D.4.,
Submission Dates and Times.
FTA encourages applicants to demonstrate whether they have
considered climate change and environmental justice in terms of the
transportation planning process or anticipated design components with
outcomes that address climate change (e.g., resilience or adaptation
measures). The application should describe what specific climate change
or environmental justice activities have been incorporated, including
whether a project supports a Climate Action Plan, whether an equitable
development plan has been prepared, and whether tools such as the
Environmental Protection Agency's (EPA) EJSCREEN at: <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a> or DOT's Historically Disadvantaged Community tool
at: <a href="https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a> have been applied in project planning.
Applicants could also address how a project is related to housing or
land use reforms to increase density to reduce climate impacts. The
application should also describe specific and direct ways the project
will mitigate or reduce climate change impacts including any components
that reduce emissions, promote energy efficiency, incorporate
electrification or low emission or zero emission vehicle
infrastructure, increase resiliency, recycle or redevelop existing
infrastructure or if located in a floodplain be constructed or upgraded
[[Page 32073]]
consistent with the Federal Flood Risk Management Standard, to the
extent consistent with current law.
Applicants should identify any Environmental Justice (EJ)
populations located within the proposed service area and describe
anticipated benefits to that population(s) should the applicant receive
a grant under this program. A formal EJ analysis that is typically
included in transportation planning or environmental reviews is not
requested.
E. Application Review Information
1. Criteria
Project proposals will be evaluated primarily on the responses
provided in the supplemental form. Additional information may be
provided to support the responses; however, any additional
documentation must be directly referenced on the supplemental form,
including the file name where the additional information can be found.
Applications will be evaluated based on the quality and extent to which
the following evaluation criteria are addressed.
a. Project Factors
Whether the project funded under the TOD Pilot Program addresses
all six factors set forth in Section 20005(b)(2) of MAP-21, as amended
by section 30009 of the Bipartisan Infrastructure Law:
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 will evaluate each project to determine the need for funding
based on the following factors:
i. How the proposed work will advance TOD implementation in the
corridor and region;
ii. Justification as to why Federal funds are needed for the
proposed work;
iii. Extent to which the transit project corridor could benefit
from TOD planning.
iv. Extent to which TOD planning will address climate change and
challenges facing environmental justice populations.
c. Strength of the Work Plan, Schedule and Process
FTA will evaluate the strength of the work plan, schedule and
process included in an application based on the following factors:
i. Potential state, local or other impediments to the
implementation of the comprehensive or site-specific plan, and how the
workplan will address them;
ii. Extent to which the schedule contains sufficient detail,
identifies all steps needed to implement the work proposed, and is
achievable;
iii. The proportion of the project corridor covered by the work
plan;
iv. Extent of partnerships, including how community stakeholders
will engage and consider the needs of those traditionally underserved
by existing transportation systems, such as low-income and minority
households, who may face challenges accessing employment and other
services.
v. The partnerships' technical capability to develop, adopt and
implement the comprehensive plans, based on FTA's assessment of the
applicant's description of the policy formation, implementation, and
financial roles of the partners, and the roles and responsibilities of
proposed staff;
vi. Extent to which this TOD planning effort increases access for
environmental justice populations and allows them to participate in
this TOD planning effort;
vii. Extent to which the comprehensive planning work will reduce
greenhouse gas emissions and the effects of climate change;
viii. How the performance measures identified in the application
relate to the goals of the comprehensive planning work.
d. Funding Commitments
FTA will assess the status of local matching funds for the planning
work. Applications demonstrating that matching funds for the proposed
comprehensive planning work are already committed will receive higher
ratings from FTA on this factor. Proposed comprehensive planning
projects for which matching funding sources have been identified, but
are not yet committed, will be given lower ratings under this factor by
FTA, as will proposed comprehensive planning projects for which in-kind
contributions constitute the primary or sole source of match.
2. Review and Selection Process
A technical evaluation committee will verify each proposal's
eligibility and evaluate proposals based on the published evaluation
criteria. FTA may request additional information from applicants, if
necessary. Taking into consideration the findings of the technical
evaluation committee, the FTA Administrator will determine the final
selection of projects for program funding.
After applying the above criteria, in support of the President's
January 20, 2021, Executive Order on Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis, the FTA
Administrator will consider applications that may provide other air
quality benefits as part of the application review. Applicants should
identify any nonattainment or maintenance areas under the Clean Air Act
in the proposed service area. Nonattainment or maintenance areas should
be limited to the following applicable National Ambient Air Quality
Standards criteria pollutants: Carbon monoxide, ozone, and particulate
matter 2.5 and 10. The EPA's Green Book (available at <a href="https://www.epa.gov/green-book">https://www.epa.gov/green-book</a>) is a publicly-available resource for
nonattainment and maintenance area data. This consideration will
further the goals of the Executive Order, including the goal to
prioritize environment justice and historically disadvantaged
communities.
In further support of Executive Order 14008, FTA will give priority
consideration to applications that create significant community
benefits relating to the environment, including those projects that
address greenhouse gas emissions and climate change impacts. FTA
encourages applicants to demonstrate whether they have considered
climate change and environmental justice in terms of the transportation
planning process or anticipated design components with outcomes that
address climate change (e.g., resilience or adaptation measures). The
application should describe what specific climate change 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 EPA's
EJSCREEN at: <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a> or DOT's Historically
Disadvantaged Community tool at: <a href="https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a> have been applied in
project planning. Applicants should also address how a project is
related to housing or land use reforms to increase density to reduce
climate impacts. The application should also describe specific and
direct ways the
[[Page 32074]]
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 resiliency, 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 EJ communities when
reviewing applications received under this program. Applicants should
identify any EJ populations located within the proposed service area
and describe anticipated benefits to that population(s) should the
applicant receive a grant under this program. A formal EJ analysis that
is typically included in transportation planning or environmental
reviews is not requested. Among the factors, in determining the
allocation of program funds FTA may consider geographic diversity,
diversity in the size of the grantees receiving funding, or the
applicant's receipt of other competitive awards. Respectively, FTA will
evaluate the proposals to determine the extent that the proposed
project will address affordable housing needs, provide equitable
housing choices for environmental justice populations, and avoid
displacement of low-income households and existing small businesses.
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. DOT is providing a mapping tool to assist applicants in
identifying whether a project is located in a Historically
Disadvantaged Community at: <a href="https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a>. Use of this map tool is
optional; applicants may provide an image of the map tool outputs, or
alternatively, consistent with OMB's Interim Guidance, applicants can
supply quantitative, demographic data of their ridership demonstrating
the percentage of their ridership that meets the criteria described in
Executive Order 14008 for disadvantage. Examples of Historically
Disadvantaged Communities that an applicant could address using
geographic or demographic information include low income, high and/or
persistent poverty, high unemployment and underemployment, racial and
ethnic residential segregation, linguistic isolation, or high housing
cost burden and substandard housing. Additionally, in support of the
Justice40 Initiative, the applicant also should provide evidence of
strategies that the applicant has used in the planning process to seek
out and consider the needs of those traditionally disadvantaged and
underserved by existing transportation systems. For technical
assistance using the mapping tool, please contact <a href="/cdn-cgi/l/email-protection#60272d2f20040f144e070f16"><span class="__cf_email__" data-cfemail="195e5456597d766d377e766f">[email protected]</span></a>.
Prior to making an award, FTA is required to review and consider
any information about the applicant that is in the Federal Awardee
Performance and Integrity Information Systems (FAPIIS) accessible
through SAM. An applicant may review and comment on information about
itself that a Federal awarding agency previously entered. FTA will
consider any comments by the applicant, in addition to the other
information in the designated integrity and performance system, in
making a judgment about the applicant's integrity, business ethics, and
record of performance under Federal awards when completing the review
of risk posed by applicants as described in the Office of Management
and Budget's Uniform Requirements for Federal Awards (2 CFR 200.205).
F. Federal Award Administration Information
1. Federal Award Notices
(a) The FTA Administrator will announce the final project
selections on the FTA website. Project recipients should contact their
FTA Regional Offices for additional information regarding allocations
for projects under the TOD Pilot Program.
i. Pre-Award Authority
FTA will issue specific guidance to recipients regarding pre-award
authority at the time of selection. FTA does not provide pre-award
authority for competitive funds until projects are selected and even
then, there are Federal requirements that must be met before costs are
incurred. Funds under this NOFO cannot be used to reimburse applicants
for otherwise eligible expenses incurred prior to FTA award of a Grant
Agreement until FTA has issued pre-award authority for selected
projects, or unless FTA has issued a ``Letter of No Prejudice'' for the
project before the expenses are incurred. For more information about
FTA's policy on pre-award authority, please see the most recent
Apportionment Notice at: <a href="https://www.transit.dot.gov">https://www.transit.dot.gov</a>.
ii. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of TOD Pilot Program funds
are subject to the grant requirements of the Section 5303 Metropolitan
Planning program, including those of FTA Circular 8100.1C and Circular
5010.1E. All competitive grants, regardless of award amount, will be
subject to the Congressional Notification and release process.
Technical assistance regarding these requirements is available from
each FTA regional office.
2. Administrative and National Policy Requirements
i. Planning
FTA encourages applicants to notify the appropriate metropolitan
planning organizations in areas likely to be served by the funds made
available under this program. Selected projects must be incorporated
into the unified planning work programs of metropolitan areas before
they are eligible for FTA funding or pre-award authority.
ii. Standard Assurances
The applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FTA
circulars, and other Federal administrative requirements in carrying
out any project supported by the FTA grant. The applicant acknowledges
that it is under a continuing obligation to comply with the terms and
conditions of the grant agreement issued for its project with FTA. The
applicant understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and may
affect the implementation of the project. The applicant agrees that the
most recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances before receiving a grant if it does not
have current certifications on file.
iii. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital, and/
or operating assistance that will award prime contracts exceeding
$250,000 in FTA funds in a Federal fiscal year comply with Department
of Transportation Disadvantaged Business Enterprise (DBE) program
regulations (49 CFR part 26). Applicants should expect to include any
funds awarded, excluding those to be used for vehicle
[[Page 32075]]
procurements, in setting their overall DBE goal.
3. Reporting
Post-award reporting requirements include submission of Federal
Financial Reports and Milestone Progress Reports in FTA's electronic
grants management system on a quarterly basis. Applicants should
include any goals, targets, and indicators referenced in their
application to the project in the Executive Summary of the TrAMS
application. Awardees must also submit copies of the substantial
deliverables identified in the work plan to the FTA regional office at
the corresponding milestones.
As part of completing the annual certifications and assurances
required of FTA grant recipients, a successful applicant must report on
the suspension or debarment status of itself and its principals. If the
award recipient's active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
an award made pursuant to this Notice, the recipient must comply with
the Recipient Integrity and Performance Matters reporting requirements
described in Appendix XII to 2 CFR part 200.
G. Federal Awarding Agency Contacts
For program-specific questions, please contact April McLean-McCoy,
Office of Planning and Environment, (202) 366-7429, email:
<a href="/cdn-cgi/l/email-protection#e9a8999b8085c7a48aa58c8887a48aaa8690a98d869dc78e869f"><span class="__cf_email__" data-cfemail="2968595b404507644a654c4847644a6a4650694d465d074e465f">[email protected]</span></a>. A TDD is available at 1-800-877-8339 (TDD/
FIRS). Any addenda that FTA releases on the application process will be
posted at <a href="https://www.transit.dot.gov/TODPilot">https://www.transit.dot.gov/TODPilot</a>. To ensure applicants
receive accurate information about eligibility or the program, the
applicant is encouraged to contact FTA directly, rather than through
intermediaries or third parties. FTA staff may also conduct briefings
on the FY 2022 competitive grants selection and award process upon
request. Contact information for FTA's regional offices can be found on
FTA's website at <a href="http://www.transit.dot.gov">http://www.transit.dot.gov</a>.
For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at
1-800-518-4726 or by email at <a href="/cdn-cgi/l/email-protection#f4878184849b8680b49386959a8087da939b82"><span class="__cf_email__" data-cfemail="96e5e3e6e6f9e4e2d6f1e4f7f8e2e5b8f1f9e0">[email protected]</span></a>. Contact information
for FTA's regional offices can be found on FTA's website at <a href="http://www.fta.dot.gov">http://www.fta.dot.gov</a>.
H. Other Program Information
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-11336 Filed 5-25-22; 8:45 am]
BILLING CODE 4910-57-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.