Notice2023-00168
Fiscal Year 2023 Competitive Funding Opportunity: Areas of Persistent Poverty Program
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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
January 9, 2023
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) announces the opportunity to apply for a total of $20,041,870 in available funding ($20,000,000 in funding for Fiscal Year (FY) 2022 and $41,870 for FY 2021) for the Areas of Persistent Poverty Program (AoPP Program) (Federal Assistance Listing: 20.505). Funds will be awarded competitively for planning, engineering, or the development of technical or financing plans for projects to assist Areas of Persistent Poverty or Historically Disadvantaged Communities. FTA may award additional funding that is made available to the program prior to the announcement or project selections.
Full Text
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<title>Federal Register, Volume 88 Issue 5 (Monday, January 9, 2023)</title>
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[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1314-1321]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00168]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Fiscal Year 2023 Competitive Funding Opportunity: Areas of
Persistent Poverty Program
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 a total of $20,041,870 in available funding
($20,000,000 in funding for Fiscal Year (FY) 2022 and $41,870 for FY
2021) for the Areas of Persistent Poverty Program (AoPP Program)
(Federal Assistance Listing: 20.505). Funds will be awarded
competitively for planning, engineering, or the development of
technical or financing plans for projects to assist Areas of Persistent
Poverty or Historically Disadvantaged Communities. FTA may award
additional funding that is made available to the program prior to the
announcement or project selections.
DATES: Complete proposals must be submitted electronically through the
<a href="http://Grants.gov">Grants.gov</a> ``APPLY'' function by 11:59 p.m. Eastern Time on March 10,
2023.
FOR FURTHER INFORMATION CONTACT: Colby McFarland, FTA Office of
Planning and Environment, 202-366-1648, or <a href="/cdn-cgi/l/email-protection#11727e7d73683f7c727770637d707f7551757e653f767e67"><span class="__cf_email__" data-cfemail="187b77747a6136757b7e796a7479767c587c776c367f776e">[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
The AoPP Program provides funds to entities that are eligible
recipients or subrecipients under 49 U.S.C. 5307, 5310, or 5311 to
assist Areas of Persistent Poverty or Historically Disadvantaged
Communities. Funding to implement the AoPP Program was appropriated by
the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), and the
Consolidated Appropriations Act, 2022 (Pub. L. 117-103). This NOFO
makes available $20,041,870 (of which $20,000,000 is funding from
Fiscal Year (FY) 2022 and $41,870 is from FY 2021) that will be awarded
through a competitive process, as described in this notice.
FTA will award grants to eligible applicants for planning,
engineering, or development of technical or financing plans for
projects eligible under chapter 53 of title 49, United States Code to
assist Areas of Persistent Poverty or Historically Disadvantaged
Communities. Applicants are encouraged to work with non-profits or
other entities of their choosing to develop an eligible project. An
eligible project for this NOFO is defined as a planning study
(including a planning and environmental linkages study that advances
the environmental analysis and review process as part of the
metropolitan planning process), an engineering study, a technical
study, or a financing plan.
This program supports FTA's strategic goals and objectives through
the timely and efficient investment in public transportation for
safety, economic strength and global competitiveness, equity, climate
and sustainability, transformation, and organizational excellence. The
AoPP Program grants are competitively awarded to local entities to
assist Areas of Persistent Poverty as defined under section 6702(a)(1)
of title 49, United States Code, or Historically Disadvantaged
Communities. (See Section C of this NOFO for more information about
eligibility.) This program also supports the President's initiatives to
mobilize American ingenuity to build modern infrastructure and an
equitable, clean energy future. By supporting increased transit access
for environmental justice (EJ) populations, equity-focused community
outreach and public engagement of underserved communities and adoption
of equity-focused policies, reducing greenhouse gas emissions, and
addressing the effects of climate change, FTA's AoPP Program advances
the goals of Executive Order 13985: Advancing Racial Equity and Support
for Underserved Communities Through the Federal Government; Executive
Order 13990: Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis; and Executive Order 14008:
Tackling the Climate Crisis at Home and Abroad. FTA seeks to use the
AoPP Program to encourage racial equity in two areas: (1) planning and
policies related to racial equity and barriers to opportunity; and (2)
engineering, or development of technical or financing plans, for
project investments that either proactively address racial equity and
barriers to opportunity, including automobile
[[Page 1315]]
dependence as a form of barrier, or redress prior inequities and
barriers to opportunity. This objective also supports the Department's
strategic goal related to infrastructure, with the potential for
significantly enhancing environmental stewardship and community
partnerships and reflects the goals of Executive Order 13985.
B. Federal Award Information
FTA intends to award all available funding in the form of grants to
selected applicants responding to this NOFO. Additional funds made
available for this program prior to project selection may be allocated
to eligible projects. Funds will remain available for obligation for up
to four fiscal years, not including the year in which the funds are
allocated to projects.
Only proposals from eligible recipients for eligible activities
will be considered for funding. FTA may establish a cap on the maximum
grant award for selected projects. In response to a NOFO for the AoPP
Program that closed on August 30, 2021, FTA received applications for
104 eligible projects requesting a total of $62,738,935. Of the 104
projects, 40 projects were selected and funded for a total of
$16,217,744.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants include entities that are eligible recipients
or subrecipients under 49 U.S.C. 5307, 5310, or 5311 located in Areas
of Persistent Poverty or Historically Disadvantaged Communities.
Entities that are subrecipients or indirect recipients under these
programs must apply through their ordinary pass-through entities or
designated recipients. State departments of transportation may apply on
behalf of eligible applicants within their States.
For Fiscal Year 2022 funds, ``Area of Persistent Poverty'' is
defined by 49 U.S.C. 6702(a)(1) as, (1) any county (or equivalent
jurisdiction) in which, during the 30-year period ending on November
15, 2021, 20 percent or more of the population continually lived in
poverty, as measured by the 1990 decennial census, the 2000 decennial
census, and the most recent annual small area income and poverty
estimate of the Bureau of the Census; (2) any census tract with a
poverty rate of not less than 20 percent, as measured by the 5-year
data series available from the American Community Survey of the Bureau
of the Census for the period of 2014 through 2018; and (3) any
territory or possession of the United States.
For the purpose of the Fiscal Year 2022 NOFO, and consistent with
the U.S. Office of Management and Budget's Interim Guidance for the
Justice 40 Initiative, ``Historically Disadvantaged Communities''
include (a) certain qualifying census tracts, (b) any Tribal land, or
(c) any territory or possession of the United States. As an additional
resource, FTA provides a mapping tool to assist applicants in
identifying whether a project is located in an Area of Persistent
Poverty or an Historically Disadvantaged Community: <a href="https://usdot.maps.arcgis.com/apps/dashboards/75febe4d9e6345ddb2c3ab42a4aae85f">https://usdot.maps.arcgis.com/apps/dashboards/75febe4d9e6345ddb2c3ab42a4aae85f</a>.
An application may qualify under this NOFO if the recipient is
located either in an Area of Persistent Poverty or an Historically
Disadvantaged Community and the project assists an Area of Persistent
Poverty or an Historically Disadvantaged Community. Applicants should
determine whether their proposed project is in an Area of Persistent
Poverty or Historically Disadvantaged Community and document this
information in the supplemental form to the application and attach an
accompanying map of the project area and the census tracts. This notice
makes available $41,870 that was appropriated by the Consolidated
Appropriations Act, 2021. The applicant and project eligibility
requirements for these 2021 funds are the same as for the 2022 funds,
except that, instead of applicants and projects being located in Areas
of Persistent Poverty or Historically Disadvantaged Communities as
defined above, applicants and projects must be located in (1) in a
county that has consistently had greater than or equal to 20 percent of
the population living in poverty over the 30-year period preceding the
date of enactment of the Consolidated Appropriations Act, 2021 as
measured by the 1990 and 2000 decennial census and the most recent
Small Area Income and Poverty Estimates; or (2) in a census tract with
a poverty rate of at least 20 percent as measured by the 2014-2018 5-
year data series available from the American Community Survey of the
Bureau of the Census; or (3) in any territory or possession of the
United States. FTA anticipates that a number of applicants will be
eligible under both the 2021 criteria and the 2022 criteria. FTA will
use its discretion to offer these 2021 funds to a successful applicant
that qualifies under both.
Eligible applicants must be able to demonstrate the requisite
legal, financial, and technical capabilities to receive and administer
Federal funds under this program.
As described in the Consolidated Appropriations Act, 2022,
applicants are encouraged to work with non-profits or other entities of
their choosing to develop planning, technical, engineering, or
financing plans, and applicants are encouraged to partner with non-
profits that can assist with making projects low or no emissions. If an
application that involves such a partnership is selected for funding,
the applicant's process for selecting the non-profit or other non-
governmental partners must satisfy the requirements for a competitive
procurement under 49 U.S.C. 5325(a). An applicant may undertake a
competitive selection process that satisfies the requirements of 49
U.S.C. 5325(a) prior to applying for an AoPP award and name the
selected entities in the application. In that event, applicants are
advised that any changes to the proposed partnership will require
written FTA approval, changes must be consistent with the scope of the
approved project and may necessitate a competitive procurement.
2. Cost Sharing or Matching
The minimum Federal share for projects selected under the AoPP
Program is 90 percent of the net total project cost. The non-Federal
share will be no more than 10 percent of the net total project cost
(not 10 percent of the requested grant amount). Cost sharing is not
required, and an application may request up to 100 percent Federal
funding. However additional consideration will be given to those
projects for which local funds have already been made available or
reserved.
Eligible sources of non-Federal match include the following: cash
from non-government 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; or funds from an undistributed cash surplus; replacement or
depreciation cash fund or reserve; or new capital. In addition,
transportation development credits or documentation of in-kind match
may be used as local match if identified and documented in the
application.
3. Eligible Projects
Under the AoPP Program, eligible projects are planning,
engineering, or development of technical or financing plans for
projects eligible under Chapter 53 of title 49, United States Code that
will assist Areas of Persistent Poverty or Historically Disadvantaged
[[Page 1316]]
Communities. For example, these activities may include planning,
engineering, or development of technical or financing plans for
improved transit services; new transit routes; engineering for transit
facilities and improvements to existing facilities; innovative
technologies; planning for low or no emission buses; planning for a new
bus facility or intermodal center that supports transit services;
integrated fare collections systems; or coordinated public transit
human service transportation plans to improve transit service in an
Area of Persistent Poverty or Historically Disadvantaged Community, or
to provide new service such as transportation for services to address
the opioid epidemic, as well as increase access to environmental
justice populations, while reducing greenhouse gas emissions and the
effects of climate change. An eligible project also may be a planning
and environmental linkages study that advances the environmental
analysis and review process as part of the metropolitan planning
process. Ineligible projects are capital, maintenance, or operating
costs of any kind are not eligible for funding under the AoPP Program.
Procurement of vehicles or equipment and support of operations and
maintenance of systems are also ineligible activities.
D. Application and Submission Information
1. Address To Request Application Package
Applications must be submitted electronically through <a href="http://Grants.gov">Grants.gov</a>.
General information for accessing and submitting applications through
<a href="http://Grants.gov">Grants.gov</a> can be found at <a href="https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding">https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding</a> along with specific instructions for the
forms and attachments required for submission. Mail or fax submissions
of completed proposals will not be accepted.
2. Content and Form of Application Submission
a. Proposal Submission
A complete proposal submission for each program consists of two
forms: (1) the SF-424 Application for Federal Assistance; and (2) the
supplemental form for the FY 2022 AoPP Program. They can be downloaded
from <a href="http://Grants.gov">Grants.gov</a> or the FTA website at <a href="https://www.transit.dot.gov/grant-programs/areas-persistent-poverty-program">https://www.transit.dot.gov/grant-programs/areas-persistent-poverty-program</a>. Failure to submit the
information as requested can delay review or disqualify the
application. The supplemental form and any supporting documents must be
attached to the ``Attachments'' section of the SF-424. The application
must include responses to all sections of the SF-424 Application for
Federal Assistance and the supplemental form, unless indicated as
optional. 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
Section E of this NOFO.
Submissions must include the following attachments:
i. A completed SF-424 Application for Federal Assistance form and
supplemental form for the AoPP Program;
ii. A map of the proposed study area with which to confirm
alignment between the proposed study area and an Area of Persistent
Poverty or Historically Disadvantaged Community;
iii. Documentation of any partnerships between the applicant and
other organizations to carry out the proposed activities. 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 project; and
iv. Documentation of any funding commitments for the proposed work.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages States and other applicants to consider submitting a
single supplemental form that includes multiple activities to be
evaluated as a consolidated proposal. If a State or other applicant
chooses to submit separate proposals for individual consideration by
FTA, each proposal must be submitted using a separate SF-424 and
supplemental form.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support,
project budgets, fleet status reports, or excerpts from relevant
planning documents. Supporting documentation must be described and
referenced by file name in the appropriate response section of the
supplemental form, or it may not be reviewed.
Information such as the applicant's name, Federal amount requested,
non-Federal 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 to 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 editor. The information listed below
must be included on the SF-424 and supplemental form for the AoPP
Program funding applications.
b. Application Content
The SF-424 and the supplemental form will prompt applicants for the
following items:
1. Provide the name of the lead applicant and, if applicable, the
specific co-sponsors submitting the application.
2. Provide the applicant's Unique Entity ID number (provided by
SAM).
3. Provide contact information including: Contact name, title,
address, phone number, and email address.
4. Specify the Congressional districts 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 for
when they will be provided to FTA.
6. Identify and describe the eligible project that meets the
requirements of Section C, of this notice, including a detailed
description of the need for planning, engineering, or development of
technical, or financial planning activities.
7. Address each evaluation criterion separately, demonstrating how
the project responds to each criterion as described in Section E and
how the project will support the AoPP Program objectives.
8. Provide a line-item budget for the project, with enough detail
to indicate the various key components of the project.
9. Identify the Federal amount requested.
10. 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.
11. Provide an explanation of the scalability of the project.
12. Address whether other Federal funds have been sought or
received for the comprehensive planning project.
13. Provide a project schedule including major task, deliverables,
and completion. In addition, provide the local steps required for
including the project in the relevant state,
[[Page 1317]]
metropolitan, or local planning documents and a brief explanation on
how the proposed project aligns with such plans (e.g., Unified Planning
Work Program).
14. Propose performance criteria for the development and
implementation of the proposed activities funded under the AoPP
Program.
15. Identify potential State, local, or other impediments to the
deliverables of the AoPP Program-funded work and their implementation,
and how the impediments will be addressed.
16. Describe how the proposed activities address climate change.
Applicants should identify any air quality nonattainment or maintenance
areas under the Clean Air Act in the planning or study area.
Nonattainment or maintenance areas should be limited to the following
applicable National Ambient Air Quality Standards criteria pollutants:
carbon monoxide, ozone, and particulate matter 2.5 and 10. The U.S.
Environmental Protection Agency's Green Book (available at <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 Executive Order 13990: Protecting Public Health
and the Environment and Restoring Science to Tackle the Climate Crisis,
and Executive Order 14008: Tackling the Climate Crisis at Home and
Abroad.
17. Describe how the proposed activities address environmental
justice populations, racial equity, and barriers to opportunity.
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. These requirements do not apply if the applicant
has an exemption approved by FTA pursuant to 2 CFR 25.110(c) or is
otherwise excepted from registration requirements. FTA may not make an
award until the applicant has complied with all applicable unique
entity identifiers 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.
All applicants must provide a unique entity identifier provided by
SAM. Registration in SAM may take 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://Grants.gov">Grants.gov</a> by 11:59 p.m. eastern time on March 10, 2023. <a href="http://Grants.gov">Grants.gov</a>
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will be considered only under
extraordinary circumstances not under the applicant's control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive two email messages from <a href="http://Grants.gov">Grants.gov</a>: (1)
confirmation of successful transmission to <a href="http://Grants.gov">Grants.gov</a>; and (2)
confirmation of successful validation by <a href="http://Grants.gov">Grants.gov</a>. 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. <a href="http://Grants.gov">Grants.gov</a> scheduled maintenance and outage times are
announced on the <a href="http://Grants.gov">Grants.gov</a> website. Deadlines will not be extended due
to scheduled maintenance or outages.
Applicants are encouraged to begin the registration process on the
<a href="http://Grants.gov">Grants.gov</a> site well in advance of the submission deadline.
Registration in <a href="http://Grants.gov">Grants.gov</a> is a multi-step process, which may take
several weeks to complete before an application can be submitted.
Applicants who are already registered in <a href="http://Grants.gov">Grants.gov</a> may be required to
take steps to keep their registrations 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 <a href="http://Grants.gov">Grants.gov</a> by
the AOR to make submissions.
5. Funding Restrictions
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. FTA will issue pre-award authority to incur costs for
selected projects beginning on the date that project selections are
announced. 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. FTA will issue
specific guidance to awardees regarding pre-award authority at the time
of selection. For more information about FTA's policy on pre-award
authority, please see the most recent Apportionment Notice on FTA's
website. Allowable direct and indirect expenses must be consistent with
the Governmentwide Uniform Administrative Requirements and Cost
Principles (2 CFR part 200) and FTA Circular 5010.1E.
6. Other Submission Requirements
Applicants are strongly 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 should provide the minimum total project cost
and Federal 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 would
be affected by a reduced award. FTA may award a lesser amount
regardless of whether a scalable option is provided.
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
[[Page 1318]]
the quality and extent to which the following evaluation criteria are
addressed.
a. Demonstration of Need
Applications will be evaluated based on the quality and extent to
which they demonstrate how the proposed activities will support
planning, engineering, or development of technical or financing plans
that would result in a project eligible for funding under chapter 53 of
title 49, United States Code. Applications should clearly present the
need for the proposed project and provide substantiated background
information such as the level of poverty in the area, the population
size, the extent of unmet access and mobility connections to critical
employment, education, or medical destinations as the result of
inadequate transit service or lack of coordination among service
providers. Applications should also consider how activities will affect
climate change and address environmental justice challenges.
b. Demonstration of Benefits
Applications will be evaluated based on how well they describe how
the proposed planning, engineering, or development of technical or
financing plans and address one or more of the following: the existing
condition of the transit system, improved reliability of transit
service for its riders, enhanced access and mobility within the service
area, accelerating innovation in Areas of Persistent Poverty or
Historically Disadvantaged Communities to serve unmet needs, reducing
barriers to affordable housing or any other qualitative benefits that
would improve the transit efficiency and impact the quality of life for
the community. The following factors will be considered:
i. System Condition. FTA will evaluate the potential for the
planning, engineering, or development of technical or financing plans
to lead to an improvement in the condition of the transit system in
Areas of Persistent Poverty or Historically Disadvantaged Communities.
ii. Service Reliability. FTA will evaluate the potential for the
planning, engineering, or development of technical or financing plans
to lead to a reduction in the frequency of breakdowns or other service
interruptions caused by the age and condition of the agency's transit
vehicle fleet and improve system reliability.
iii. Enhanced Access and Mobility. FTA will evaluate the potential
for the planning, engineering, or development of technical or financing
plans that lead to improved access to jobs, education, and health care
services and mobility for the transit riding public, such as through
increased reliability, improved headways, creation of new
transportation choices, or eliminating gaps in the current route
network or any other qualitative benefits that would improve the
transit efficiency and impact the quality of life for the community.
iv. Accelerating Innovation. FTA will evaluate the potential for
the planning, engineering, or development of technical or financing
plans to accelerate the introduction of innovative technologies or
practices such as integrated fare payment systems permitting complete
trips or advancements to propulsion systems. Innovation can also
include practices such as new public transportation operational models,
financial or procurement arrangements, or value capture strategies. FTA
views value capture strategies as public financing tools that recover a
share of the value transit creates. Examples of value capture
strategies used for transit can include the following: tax increment
financing, special assessments, and joint development. AoPP funds can
be used for plans that include value capture approaches.
v. Barriers to Low Income Housing. FTA will evaluate the degree to
which the planning study, engineering study, or development of
technical or financial plans identify proposed actions that reduce
regulatory barriers that unnecessarily raise the costs of housing
development or impede the development of affordable housing.
vi. Regional Support. Applicants should provide evidence of
regional or local support for the proposed project. Documentation may
include support letters from local and regional planning organizations,
local governmental officials, public agencies, or non-profit or for-
profit private sector supporters attesting to the need for the project.
c. Funding Commitments
Applicants must identify the source of any non-Federal cost-share
or in-kind contribution and describe whether such contributions are
currently available for the project or will need to be secured if the
project is selected for funding. FTA will consider the availability of
the non-Federal cost-share as evidence of local financial commitment to
the project. Additional consideration will be given to those projects
for which local funds have already been made available or reserved.
Applicants should submit evidence of the availability of funds for the
project (e.g., by including a board resolution, letter of support from
the State, a budget document highlighting the line item or section
committing funds to the proposed project, or other documentation of the
source of non-Federal funds).
d. Project Implementation Strategy
FTA will evaluate the strength of the work plan, schedule, and
process included in an application based on the following factors:
i. Extent to which the schedule contains sufficient detail,
identifies all steps needed to implement the work proposed, and is
achievable;
ii. Extent of partnerships, including with non-public sector
entities, equity-focused community outreach and meaningful public
engagement of underserved communities, see: <a href="https://www.transportation.gov/public-involvement">https://www.transportation.gov/public-involvement</a>; and
iii. The partnerships' technical capability to develop, adopt, and
implement the 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.
e. Technical, Legal, and Financial Capacity
Applicants must demonstrate they have the technical, legal, and
financial capacity to undertake the project. FTA will review relevant
oversight assessments and records to determine whether there are any
outstanding legal, technical, or financial issues with the applicant
that would affect the outcome of the proposed project. Applicants with
unresolved legal, technical, or financial compliance issues from an FTA
compliance review or Federal grant-related Single Audit finding must
explain how corrective actions taken will mitigate negative impacts on
the proposed project.
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 staff may request additional information from applicants,
if necessary. Taking into consideration the findings of the technical
evaluation committee, the FTA Administrator will determine the final
selection of projects for program funding. In determining the
allocation of program funds, FTA may consider geographic diversity and
the applicant's receipt of other competitive awards. FTA may also
consider capping the amount a single applicant may receive.
[[Page 1319]]
a. Climate Change and Sustainability
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, an equitable
development plan has been prepared, and a tool such as EPA's EJSCREEN
at: <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</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
consistent with the Federal Flood Risk Management Standard, to the
extent consistent with current law.
b. Racial Equity and Barriers to Opportunity
FTA will also give priority consideration to applications that
advance racial equity in two areas: (1) planning and policies related
to racial equity and overcoming barriers to opportunity; and (2)
project investments that either proactively address racial equity and
barriers to opportunity, including automobile dependence as a form of
barrier, or redress prior inequities and barriers to opportunity.
Applicants could also address how a project is related to housing or
land use reforms to address historic barriers to opportunity. This
objective has the potential to enhance environmental stewardship and
community partnerships, and reflects Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government. FTA encourages the applicant to include sufficient
information to evaluate how the applicant will proactively address and
advance racial equity and address barriers to opportunity. The
applicant should describe any transportation plans or policies related
to equity and barriers to opportunity they are implementing or have
implemented in relation to the proposed project, along with the
specific project investment details necessary for FTA to evaluate if
the investments are being made either proactively to advance racial
equity and address barriers to opportunity or redress prior inequities
and barriers to opportunity. All project investment costs for projects
that are related to racial equity and barriers to opportunity should be
summarized. FTA also encourages applicants to consider how the project
will address the challenges faced by individuals and underserved
communities in rural areas.
c. Justice40 Initiative and Environmental Justice
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. FTA is providing a mapping tool to assist applicants in
identifying whether a project is located in an Area of Persistent
Poverty or an Historically Disadvantaged Community at <a href="https://usdot.maps.arcgis.com/apps/dashboards/75febe4d9e6345ddb2c3ab42a4aae85f">https://usdot.maps.arcgis.com/apps/dashboards/75febe4d9e6345ddb2c3ab42a4aae85f</a>.
Use of this mapping tool is optional; however, FTA encourages
applicants to provide an image or screen shot 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 disadvantaged communities as
well as describe the environmental justice population located within
the service area. Examples of Historically Disadvantaged Communities
that an applicant could address using geographic or demographic
information include low income, high 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 should also 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#5a1d17151a3e352e743d352c"><span class="__cf_email__" data-cfemail="3a7d77757a5e554e145d554c">[email protected]</span></a>.
3. Integrity and Performance Review
Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $250,000),
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 2 CFR 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
FTA will announce the final project selections on the FTA website.
Selectees should contact their FTA regional offices for additional
information regarding allocations for projects under the AoPP Program.
2. Administrative and National Policy Requirements
a. Planning
FTA encourages applicants to engage the appropriate State
departments of transportation, Regional Transportation Planning
Organization or Metropolitan Planning Organization(s) (MPOs) in areas
likely to be served by the funds made available under this program.
Selected projects must be incorporated into the long-range plans or
unified planning work programs upon award and prior to being eligible
for pre-award authority. Applicants can find contact information for
the applicable MPO here (<a href="https://www.planning.dot.gov/MPO/">https://www.planning.dot.gov/MPO/</a>).
b. 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
[[Page 1320]]
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.
i. Civil Rights Requirements
Applications should 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, the Americans with
Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and
accompanying regulations. This should include a current Title VI
program plan and a completed Community Participation Plan
(alternatively called a Public Participation Plan and often part of the
overall Title VI program plan), if applicable. Applicants who have not
sufficiently demonstrated the conditions of compliance with civil
rights requirements will be required to do so before receiving funds.
Recipients of Federal transportation funding will be required to comply
fully with the DOT's regulations and guidance for the ADA and all
relevant civil rights requirements. The Department's and FTA's Office
of Civil Rights will work with awarded grant recipients to ensure full
compliance with Federal civil rights requirements.
c. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital, or
operating assistance that will award prime contracts exceeding $250,000
in FTA funds in a Federal fiscal year comply with Department of
Transportation Disadvantaged Business Enterprise (DBE) program
regulations (49 CFR part 26). Applicants should expect to include any
funds awarded, excluding those to be used for vehicle procurements, in
setting their overall DBE goal.
d. 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/funding/apportionments/current-apportionments">https://www.transit.dot.gov/funding/apportionments/current-apportionments</a>.
e. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of AoPP Program funds are
subject to the grant requirements of the Metropolitan Transportation
Planning program (49 U.S.C. 5303) or Statewide and Non-Metropolitan
Transportation Planning (49 U.S.C. 5304), including those of FTA
Circular 8100.1D and Circular 5010.1E. All competitive grants,
regardless of the award amount, will be subject to the Congressional
Notification and release process. Technical assistance regarding these
requirements is available from each FTA regional office.
When applying for an award under this Program, eligible applicants
and sub-recipients who are not direct recipients, or who have limited
experience or access to FTA's Transit Award Management System (TrAMS),
must secure the commitment of an active FTA direct recipient to apply
for funding on their behalf through TrAMS if they are selected for an
AoPP funding award. Documentation of such a commitment must be included
in the application.
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.
FTA is committed to making evidence-based decisions guided by the
best available science and data. In accordance with the Foundations for
Evidence-Based Policymaking Act of 2018 (Pub. L. 115-435), FTA may use
information submitted in discretionary funding applications;
information in FTA's Transit Award Management System (TrAMS), including
grant applications, Milestone Progress Reports (MPRs), Federal
Financial Reports (FFRs); transit service, ridership and operational
data submitted in FTA's National Transit Database; documentation and
results of FTA oversight reviews, including triennial and state
management reviews; and other publicly available sources of data to
build evidence to support policy, budget, operational, regulatory, and
management processes and decisions affecting FTA's grant programs.
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 exceed
$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 Colby McFarland,
Office of Planning and Environment, (202) 366-1648, email:
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="3774585b554e197a547156455b5659537753584319505841">[email protected]</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/grant-programs/areas-persistent-poverty-program">https://www.transit.dot.gov/grant-programs/areas-persistent-poverty-program</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 2023
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="https://www.transit.dot.gov/about/regional-offices/regional-offices">https://www.transit.dot.gov/about/regional-offices/regional-offices</a>.
H. Other Information
User friendly information and resources regarding DOT's
discretionary grant programs relevant to rural applicants can be found
on the Rural Opportunities to Use Transportation for Economic Success
(ROUTES) website at <a href="https://transportation.gov/rural">https://transportation.gov/rural</a>. This program is
not subject to Executive Order 12372, ``Intergovernmental Review of
Federal Programs.'' For assistance with <a href="http://Grants.gov">Grants.gov</a> please contact
<a href="http://Grants.gov">Grants.gov</a> by phone at 1-800-
[[Page 1321]]
518-4726 or by email at <a href="/cdn-cgi/l/email-protection#3a494f4a4a55484e7a5d485b544e49145d554c"><span class="__cf_email__" data-cfemail="16656366667964625671647778626538717960">[email protected]</span></a>.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-00168 Filed 1-6-23; 8:45 am]
BILLING CODE 4910-57-P
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</html>Indexed from Federal Register on January 9, 2023.
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.