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Notice2023-16894

FY 2023 Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning

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Published

August 8, 2023

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

The Federal Transit Administration (FTA) announces the opportunity to apply for $13,460,978 in Fiscal Year (FY) 2022 and FY 2023 funding under the Pilot Program for Transit-Oriented Development Planning (TOD Pilot Program). As required by Federal public transportation law and subject to funding availability, funds will be awarded competitively to support comprehensive planning or site- specific planning associated with new fixed guideway and core capacity improvement projects. FTA may award additional funding that is made available to the TOD Pilot Program prior to the announcement of project selections.

Full Text

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<title>Federal Register, Volume 88 Issue 151 (Tuesday, August 8, 2023)</title>
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[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53585-53594]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16894]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

FY 2023 Competitive Funding Opportunity: Pilot Program for
Transit-Oriented Development Planning

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

ACTION: Notice of funding opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $13,460,978 in Fiscal Year (FY) 2022 and FY
2023 funding under the Pilot Program for Transit-Oriented Development
Planning (TOD Pilot Program). As required by Federal public
transportation law and subject to funding availability, funds will be
awarded competitively to support comprehensive planning or site-
specific planning associated with new fixed guideway and core capacity
improvement projects. FTA may award additional funding that is made
available to the TOD Pilot Program prior to the announcement of project
selections.

DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. October 10, 2023.

ADDRESSES: Prospective applicants should initiate the process by
registering on the GRANTS.GOV website immediately to ensure completion
of the application process before the submission deadline. Instructions
for applying can be found on FTA's website at <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-2023-011-TPE-TODP. Mail
and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: April McLean-McCoy, FTA Office of
Planning and Environment, (202) 366-7429, or <a href="/cdn-cgi/l/email-protection#ecad9c9e8580c2a18fa0898d82a18faf8395ac888398c28b839a">[email&#160;protected]</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), as amended by section 30009 of
the Infrastructure Investment and Jobs Act (Pub. L. 117-58) (also
called the Bipartisan Infrastructure Law (BIL)), authorizes FTA to
award grants under the TOD Pilot Program in the amounts provided by 49
U.S.C. 5338(a)(2)(B). This funding opportunity is occurring under
Federal Assistance Listing number 20.500.
This program supports FTA's priorities and objectives through
investments that (1) renew our transit systems, (2) reduce greenhouse
gas emissions from public transportation, (3) advance racial equity by
removing transportation related disparities to all populations within a
project area and increasing equitable access to project benefits, (4)
maintain and create good-paying jobs with a free and fair choice to
join a union, and (5) connect communities by increasing access to
affordable transportation options. The TOD Pilot Program grants are
competitively awarded to local communities to integrate land use and
transportation planning with a new fixed guideway or core capacity
improvement transit capital project as defined in Federal public
transportation law (49 U.S.C. 5309(a)). (See Section C of this NOFO for
more information about eligibility). FTA seeks to fund projects under
the TOD Pilot Program that:
<bullet> Reduce greenhouse gas emissions in the transportation
sector, incorporate evidence-based climate resilience measures and
features, reduce the lifecycle greenhouse gas emissions from the
project materials, and avoid adverse environmental impacts to air or
water quality, wetlands, and endangered species, and address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities, consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
<bullet> Create proportional impacts to all populations in a
project area, remove transportation related disparities to all
populations in a project area, and increase equitable access to project
benefits, consistent with Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government (86 FR 7009).
<bullet> Address equity and environmental justice, particularly for
communities that have experienced decades of underinvestment and are
most impacted by climate change, pollution, and environmental hazards,
consistent with Executive Order 14008, Tackling the Climate Crisis at
Home and Abroad (86 FR 7619).
<bullet> Support the creation of good-paying jobs with the free and
fair choice to join a union and the incorporation of strong labor
standards and training and placement programs, especially registered
apprenticeships, in project planning stages, consistent with Executive
Order 14025, Worker Organizing and Empowerment (86 FR 22829), and
Executive Order 14052, Implementation of the Infrastructure Investment
and Jobs Act (86 FR 64335).
<bullet> Support wealth creation, consistent with the Department's
Equity Action Plan, through the inclusion of local inclusive economic
development and entrepreneurship such as the utilization of
Disadvantaged Business Enterprises, Minority-owned Businesses, Women-
owned Businesses, or 8(a) firms.
<bullet> Qualify for Transportation Infrastructure Finance and
Innovation Act (TIFIA) 49 and Railroad Rehabilitation and Improvement
Financing (RRIF) TOD financing program(s) once the TOD planning study
is complete.
Additionally, in support of the Federal House America Initiative
led by the Department of Housing and Urban Development, DOT, through
this NOFO, is looking for opportunities to strongly prioritize TOD
planning grants in areas of high incidence rates of homelessness, in
the hope of providing opportunities

[[Page 53586]]

for localities to address housing affordability in these areas and
homelessness holistically through their planning processes.
The TOD Pilot Program intends to fund comprehensive planning that
supports economic development, increased transit ridership and value
capture multimodal connectivity, accessibility, increased transit
access for pedestrian and bicycle traffic, and mixed-use and mixed-
income development near transit stations; delivers 40 percent of the
overall benefits of the planning work to Historically Disadvantaged
Communities (defined below), consistent with the Justice40 Initiative;
and supports the development of affordable housing, mitigates climate
change, and addresses challenges facing environmental justice
populations, and homelessness. The TOD Pilot Program also encourages
the identification of infrastructure needs and engagement with the
private sector. FTA also encourages TOD in areas where communities are
trying to preserve, protect, and increase the supply of affordable
housing. For assets that were acquired with federal assistance and are
no longer needed for the originally authorized purpose, the Fiscal Year
2022 National Defense Authorization Act (NDAA) (Pub. L. 117-81) allows
FTA to authorize the transfer of the asset to a local governmental
authority, non-profit organization, or other third-party entity if,
among other factors, it will be used for TOD that includes affordable
housing (49 U.S.C. 5334(h)(1)).
FTA is seeking comprehensive or site-specific planning projects
that cover an entire transit capital project corridor. To ensure that
any proposed planning work both reflects the needs and aspirations of
the local community and results in concrete, specific deliverables and
outcomes, transit project sponsors must partner with entities with land
use planning authority in the transit project corridor to conduct the
planning work.

B. Federal Award Information

FTA intends to award all available funding in the form of grants to
selected applicants responding to this NOFO. A total of $13,460,978
will be made available through this NOFO. The authorized funding level
in BIL is $13,432,051 in Fiscal Year (FY) 2023 funds, with an
additional $28,927 remaining from the FY 2022 appropriation. Additional
funds made available prior to project selection may be allocated to
eligible projects. Only proposals from eligible recipients for eligible
activities will be considered for funding. Due to funding limitations,
applicants that are selected for funding may receive less than the
amount originally requested and are thus encouraged to identify a
scaled funding request in their application.
In response to the FY 2022 NOFO (87 FR 32069, which closed on July
25, 2022), the TOD Pilot Program received applications for 23 eligible
projects requesting a total of $17,332,094. Of the 23 eligible
applications received, 19 projects were funded at a total of
$13,131,094.
FTA will grant pre-award authority, consistent with 2 CFR 200.458,
for selected projects to incur costs beginning on the date FY 2023
project selections are announced on FTA's website. Funds are available
for obligation for four fiscal years after the fiscal year in which the
competitive awards are announced. Funds are available only for projects
that have not incurred costs prior to the announcement of project
selections.

C. Eligibility Information

1. Eligible Applicants
Applicants to the TOD Pilot Program must be a State or States, U.S.
Territory, or local governmental authority, and an FTA grant recipient
(i.e., existing direct or designated recipients) as of the publication
date of this NOFO. An applicant must be the project sponsor of an
eligible transit capital project as defined below in Section C,
subsection 3, or an entity with land use planning authority in the
project corridor of an eligible transit capital project. Except in
cases where an applicant is both the sponsor of an eligible transit
project and has land use authority in at least a portion of the transit
project corridor, the applicant must partner with the relevant transit
project sponsor or at least one entity in the project corridor with
land use planning authority. Documentation of this partnership must be
included with the application; see Section D, subsection 2 of this NOFO
for further information.
Only one application per transit capital project corridor may be
submitted to FTA. Multiple applications submitted for a single transit
capital project corridor indicate that partnerships are not in place,
and FTA may reject all of the applications. FTA will accept multiple
applications for the same corridor if each application is a site-
specific application, the applications are submitted by separate
applicants with different land-use authorities, and a given application
does not overlap with any other application that would cover the same
site.
2. Cost Sharing or Matching
In general, the maximum Federal funding share for proposals is 80
percent. Proposals that support planning activities that assist parts
of an urbanized area or rural area with lower population density or
lower average income levels compared to the applicable area or
adjoining areas are eligible to receive a Federal funding share of no
less than 90 percent and applicants may request a share up to 100
percent (see the March 21, 2023 Dear Colleague letter: <a href="https://www.transit.dot.gov/regulations-and-programs/dear-colleague-letters/dear-colleague-letter-increased-federal-share-under">https://www.transit.dot.gov/regulations-and-programs/dear-colleague-letters/dear-colleague-letter-increased-federal-share-under</a>). Proposals that
address three or more activities related to the development of
affordable housing (see section C.3.ii.v) will receive a Federal
funding share of 100 percent.
Eligible sources of non-Federal match include the following: cash
from non-Federal sources (other than revenues from providing public
transportation services); revenues derived from the sale of advertising
and concessions; amounts received under a service agreement with a
State or local social service agency or private social service
organization; revenues generated from value capture financing
mechanisms; funds from an undistributed cash surplus; replacement or
depreciation cash fund or reserve; or new funding. In-kind
contributions are permitted. Transportation Development Credits
(formerly referred to as Toll Revenue Credits) may not be used to
satisfy the non-Federal match requirement.
3. Other Eligibility Criteria
i. Eligible Transit Projects
Any comprehensive or site-specific planning work proposed for
funding under the TOD Pilot Program must be associated with an eligible
transit capital project. To be eligible, the proposed transit capital
project must be a new fixed guideway project or a core capacity
improvement project, as defined by Federal public transportation law
(49 U.S.C. 5302(8)).
A fixed guideway is a public transportation facility:
(A) Using and occupying a separate right-of-way for the exclusive
use of public transportation;
(B) Using rail;
(C) Using a fixed catenary system;
(D) For a passenger ferry system; or
(E) For a bus rapid transit system.
A new fixed guideway capital project is defined in (49 U.S.C.
5309(a)) to be:
(A) A new fixed guideway project that is a minimum operable segment
or

[[Page 53587]]

extension to an existing fixed guideway system; or
(B) A fixed guideway bus rapid transit project that is a minimum
operable segment or an extension to an existing bus rapid transit
system.
A fixed guideway bus rapid transit project is defined in (49 U.S.C.
5309(a)) as a bus capital project:
(A) In which the majority of the project operates in a separated
right-of-way dedicated for public transportation use during peak
periods;
(B) That represents a substantial investment in a single route in a
defined corridor or subarea; and
(C) That includes features that emulate the services provided by
rail fixed guideway public transportation systems, including:
(i) Defined stations;
(ii) Traffic signal priority for public transportation vehicles;
(iii) Short headway bidirectional services for a substantial part
of weekdays and weekend days; and
(iv) Any other features the Secretary may determine are necessary
to produce high-quality public transportation services that emulate the
services provided by rail fixed guideway public transportation systems.
A core capacity improvement project is defined by 49 U.S.C. 5309(a)
to mean a substantial corridor-based capital investment in an existing
fixed guideway system that increases the capacity of the corridor by
not less than 10 percent. The term does not include project elements
designed to maintain a state of good repair of the existing fixed
guideway system.
Comprehensive or site-specific planning work in a corridor for a
transit capital project that does not meet the statutory definitions
above of either a new fixed guideway project or a core capacity
improvement project is not eligible under the TOD Pilot Program.
ii. Eligible Activities
As outlined in the Application Review Information section below,
any comprehensive or site-specific planning funded under the TOD Pilot
Program must address all six factors set forth in section 20005(b)(2)
of MAP-21, as amended by section 30009 of BIL. Additionally, the
comprehensive or site-specific planning effort must advance the
metropolitan planning organization's metropolitan transportation plan.
Applicants must establish performance criteria for the planning effort.
The following are examples of the types of substantial deliverables
that may result from the comprehensive or site-specific planning work.
Substantial deliverables are reports, plans, and other materials that
represent the key accomplishments of the comprehensive planning effort
and that must be submitted to FTA as each is completed. Substantial
deliverables may include, but are not restricted to, the following:
i. A comprehensive plan report that includes corridor development
policies and station development plans comprising the corridor or the
specific site, a proposed timeline, and recommended financing
strategies for these plans;
ii. A strategic plan report that includes corridor specific
planning strategies and program recommendations to support
comprehensive planning;
iii. Revised TOD-focused zoning codes and/or resolutions;
iv. A report evaluating and recommending financial tools to
encourage TOD implementation such as land banking, value capture, and
development financing;
v. Affordable Housing:
1. Policies that reduce regulatory barriers to the development of
affordable housing such as inclusionary zoning that specifies a
percentage of new units affordable for targeted incomes or the
provision of density bonuses for the creation of affordable housing
units;
2. Policies that support affordable rental opportunities;
3. Policies that reduce parking standards;
4. Policies that support permanent affordable housing for
disadvantaged groups in areas with high incidence rates of
homelessness; and
5. Policies that encourage streamlined permitting for affordable
housing units;
vi. Policies to encourage TOD, including actions that reduce
regulatory barriers that unnecessarily raise the costs of housing
development or impede the development of affordable housing;
vii. Policies to encourage TOD, including actions that increase
access to environmental justice populations, reduces greenhouse gas
emissions, and the effects of climate change;
viii. Local or regional resolutions to implement TOD plans and/or
establish TOD funding mechanisms;
ix. Policies to prioritize TOD in areas with high incidence rates
of homelessness for localities to address homelessness holistically
through their planning processes.
iii. Ineligible Activities
FTA will not make awards for the following activities:
i. Transit project development activities that would be
reimbursable under an FTA capital grant, such as project planning, the
design and engineering of stations and other facilities, environmental
analyses needed for the transit capital project, or costs associated
with specific joint development activities; and
ii. Capital projects, such as land acquisition, construction, and
utility relocation.

D. Application and Submission Information

1. Address To Request Application Package
Applications must be submitted electronically through GRANTS.GOV.
The application is only available on GRANTS.GOV and must be submitted
electronically through GRANTS.GOV. General information for submitting
applications through GRANTS.GOV can be found at <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 2023 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>.
The GRANTS.GOV funding opportunity ID is FTA-2023-011-TPE-TODP.
2. Content and Form of Application Submission
Failure to submit information as requested can delay review or
disqualify the application. Proposals must include a completed SF-424
Mandatory form and the following attachments to the completed SF-424:
i. A completed Applicant and Proposal Profile supplemental form for
the TOD Pilot Program (supplemental form) found on the FTA website at
<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

[[Page 53588]]

applicant does not have both of these responsibilities. Documentation
may consist of a memorandum of agreement or letter of intent signed by
all parties that describes the parties' roles and responsibilities in
the proposed comprehensive planning project; and
iv. Documentation of any funding commitments for the proposed
comprehensive or site-specific planning work.
Information such as the applicant's name, Federal amount requested,
local match amount, and description of the study area, are requested in
varying degrees of detail on both the SF-424 form and supplemental
form. Applicants must fill in all fields unless stated otherwise on the
forms. Applicants should use both the ``Check Package for Errors'' and
the ``Validate Form'' buttons on both forms to check all required
fields and ensure that the Federal and local amounts specified are
consistent. In the event of errors with the supplemental form, FTA
recommends saving the form on your computer and ensuring that
JavaScript is enabled in your PDF reader. The information listed below
must be included on the SF-424 and supplemental forms for TOD Pilot
Program funding applications.
The SF-424 and supplemental form will prompt applicants to address
the following items:
1. Provide the name of the lead applicant and, if applicable, the
specific co-sponsors submitting the application.
2. Provide the applicant's Unique Entity Identifier (UEI), assigned
by <a href="http://SAM.gov">SAM.gov</a>.
3. Provide contact information including: Contact name, title,
address, phone number, and email address.
4. Specify the Congressional district(s) where the planning project
will take place.
5. Identify the project title and project scope to be funded,
including anticipated substantial deliverables and the milestones at
which they will be provided to FTA.
6. Identify and describe an eligible transit project that meets the
requirements of Section C, subsection 3 of this notice.
7. Provide evidence of a partnership between the transit project
sponsor and at least one agency with land use authority in the transit
capital project corridor, as described earlier in this subsection.
8. Address the six factors set forth in MAP-21 Section 20005(b)(2).
9. Provide evidence of a partnership between transit project
sponsor and an entity in the project corridor and those that support
unhoused populations and address affordable housing, such as cities,
municipalities, non-profit organizations, and housing authority.
10. Address each evaluation criterion separately, demonstrating how
the project responds to each criterion as described in Section E.
11. Provide a line-item budget for the total planning effort, with
enough detail to indicate the various key components of the
comprehensive planning project.
12. Identify the Federal amount requested.
13. Document the matching funds, including amount and source of the
match (may include local or private sector financial participation in
the project). Describe whether the matching funds are committed or
planned and include documentation of the commitments.
14. Provide explanation of the scalability of the project.
15. Address whether other Federal funds have been sought or
received for the comprehensive or site-specific planning project.
16. Provide a schedule and process for the development of the
comprehensive plan that includes anticipated dates for incorporating
the planning work effort into the region's unified planning work
program, completing major tasks and substantial deliverables, and
completing the overall planning effort.
17. Describe how the comprehensive or site-specific planning work
advances the metropolitan transportation plan of the metropolitan
planning organization.
18. Propose performance criteria for the development and
implementation of the comprehensive or site-specific planning work.
19. Identify potential State, local, or other impediments to the
implementation of the comprehensive plan or site-specific plan, and how
the work will address them.
20. Describe how the comprehensive or site-specific planning work
addresses climate change and elevates challenges facing environmental
justice populations
21. Describe how the comprehensive or site-specific planning work
allows 40 percent of the overall benefits to flow to Historically
Disadvantaged Communities (defined below).
22. Describe how the comprehensive or site-specific planning work
prioritizes TOD plans in areas with high incidence rates of
homelessness and addresses homelessness holistically through their
planning processes. Describe how the comprehensive or site-specific
planning work prioritizes TOD plans in areas with high incidence rates
of homelessness and addresses housing affordability holistically
through their planning processes.
23. Describe how the comprehensive or site-specific planning work
addresses the historic displacement of historically disadvantaged
populations and how it seeks to mitigate the displacement or improve
the conditions for populations at risk of displacement, if possible. In
addition, describe how local residents surrounding the comprehensive or
site-specific planning work will be included in community engagement,
especially those who have been historically excluded.
24. Describe how the comprehensive or site-specific planning work
includes value capture elements.
25. Describe the community input process for your comprehensive or
site-specific planning work.
26. Identify infrastructure needs associated with the eligible
project.
27. Describe how the comprehensive or site-specific planning work
incorporates affordable housing or other mixed-income elements.
28. Applicants must address how the project will consider climate
change and environmental justice in the planning stage and in project
delivery. In particular, applicants must address how the project
reduces greenhouse gas emissions in the transportation sector,
incorporates evidence-based climate resilience measures and features,
and reduces the lifecycle greenhouse gas emissions from the project
materials. Applicants also must address the extent to which the project
avoids adverse environmental impacts to air or water quality, wetlands,
and endangered species, as well as address disproportionate negative
impacts of climate change and pollution on disadvantaged communities,
including natural disasters, with a focus on prevention, response, and
recovery.
29. Applicants must address how their project will include an
equity assessment that evaluates whether a project will create
proportional impacts and remove transportation related disparities to
all populations in a project area. Applicants must demonstrate how
meaningful public engagement will occur throughout a project's life
cycle. Applicants must address how project benefits will increase
affordable transportation options, improve safety, connect Americans to
good-paying jobs, fight climate change, and/or improve access to
resources and quality of life.
30. Applicants must address all the applicable criteria and
priority considerations identified in Section E.
FTA will also give priority consideration to projects that support
the Justice40 initiative. In support of

[[Page 53589]]

Executive Order 14008, DOT has been developing a geographic definition
of Historically Disadvantaged Communities as part of its implementation
of the Justice40 Initiative. Consistent with OMB's Interim Guidance for
the Justice40 Initiative, Historically Disadvantaged Communities
include (a) certain qualifying census tracts, (b) any Tribal land, or
(c) any territory or possession of the United States. Applicants are
encouraged to use Climate & Economic Justice Screening Tool (CEJST), a
new tool by the White House Council on Environmental Quality (CEQ),
that aims to help Federal agencies identify disadvantaged communities.
Applicants should use CEJST as the primary tool to identify
disadvantaged communities. This tool can be found at <a href="https://screeningtool.geoplatform.gov">https://screeningtool.geoplatform.gov</a>. Alternatively, applicants may also use
the USDOT Equitable Transportation Community (ETC) Explorer (<a href="https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/">https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/</a>) to understand how their community or project area is
experiencing disadvantages related to lack of transportation
investments or opportunities. Use of either mapping tool is optional;
applicants may provide an image from the map tool outputs, or
alternatively, consistent with OMB's Interim Guidance, applicants can
supply quantitative, demographic data of their ridership demonstrating
the percentage of their ridership that meets the criteria for
disadvantage described in Executive Order 14008. Examples of indicators
for Historically Disadvantaged Communities that an applicant could
address using geographic or demographic information include percentages
of low income, high or persistent poverty, high unemployment and
underemployment, racial and ethnic residential segregation, linguistic
isolation, high housing cost burden and substandard housing, and high
transportation cost burden and/or low transportation access.
Additionally, in support of the Justice40 Initiative, the applicant
also should provide evidence of strategies that the applicant has used
in the planning process to seek out and consider the needs of those
historically disadvantaged and underserved by existing transportation
systems. For technical assistance using the mapping tool, please
contact <a href="/cdn-cgi/l/email-protection#27606a686743485309404851">[email&#160;protected]</a>.
Project budgets must show how different funding sources will share
in each activity and present the data in dollars and percentages. The
budget should identify other Federal funds the applicant is applying
for or has been awarded, if any, that the applicant intends to use.
Funding sources should be grouped into three categories: non-Federal,
the Pilot Program for Transit-Oriented Development Planning request,
and other Federal, with specific amounts from each funding source
provided.
Due to funding limitations, projects that are selected for funding
may receive less than the amount originally requested, even if an
application did not present a scaled project option. In those cases,
applicants must be able to demonstrate that the proposed projects are
still viable and can be completed with the amount awarded.
Sharing of Application Information--The Department may share
application information within the Department or with other Federal
agencies if the Department determines that sharing is relevant to the
respective program's objectives.
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. FTA may not make an award until the applicant has
complied with all applicable unique entity identifier and SAM
requirements. If an applicant has not fully complied with the
requirements by the time FTA is ready to make an award, FTA may
determine that the applicant is not qualified to receive an award and
use that determination as a basis for making a Federal award to another
applicant. These requirements do not apply if the applicant is excepted
from registration per 2 CFR 25.110. SAM registration takes
approximately 3-5 business days, but FTA recommends allowing ample
time, up to several weeks, for completion of all steps. For additional
information on obtaining a unique entity identifier, please visit
<a href="https://www.sam.gov">https://www.sam.gov</a>.
4. Submission Dates and Times
Project proposals must be submitted electronically through <a href="https://www.GRANTS.GOV">https://www.GRANTS.GOV</a> by 11:59 p.m. Eastern Time October 10, 2023. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances not under the applicant's control.
Applications are time and date stamped by GRANTS.GOV upon successful
submission. Mail, email, and fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive two email messages from GRANTS.GOV: (1)
confirmation of successful transmission to GRANTS.GOV; and (2)
confirmation of successful validation by GRANTS.GOV. FTA will then
validate the application and will attempt to notify any applicants
whose applications could not be validated. If the applicant does not
receive confirmation of successful validation or a notice of failed
validation or incomplete materials, the applicant must address the
reason for the failed validation, as described in the email notice, and
resubmit before the submission deadline. If making a resubmission for
any reason, include all original attachments regardless of which
attachments were updated and check the box on the supplemental form
indicating this is a resubmission. An application that is submitted at
the deadline and cannot be validated will be marked as incomplete, and
such applicants will not receive additional time to re-submit.
FTA urges applicants to submit their applications at least 96 hours
prior to the due date to allow time to receive the validation messages
and to correct any problems that may have caused a rejection
notification. GRANTS.GOV scheduled maintenance and outage times are
announced on the GRANTS.GOV website at <a href="https://www.GRANTS.GOV">https://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

[[Page 53590]]

project, specifically a new fixed guideway project or a core capacity
improvement project as defined in Federal transit statute, 49 U.S.C.
5309(a). Projects are not required to be funded through the Capital
Investment Grants Program. Funds must be used only for the specific
purposes requested in the application. Funds under this NOFO cannot be
used to reimburse projects for otherwise eligible expenses incurred
prior to FTA's announcement of project selections and issuance of pre-
award authority. Refer to Section C.3., Eligible Projects, for
information on activities that are allowable in this grant program.
Allowable direct and indirect expenses must be consistent with the
Government-wide Uniform Administrative Requirements and Cost Principles
(2 CFR part 200) and FTA Circular 5010.1E.
6. Other Submission Requirements
Applicants are encouraged to identify scaled funding options in
case insufficient funding is available to fund a project at the full
requested amount. If an applicant indicates that a project is scalable,
the applicant must provide an appropriate minimum funding amount that
will fund an eligible project that achieves the objectives of the
program and meets all relevant program requirements. The applicant must
provide a clear explanation of how the project budget would be affected
by a reduced award. FTA may award a lesser amount regardless of whether
a scalable option is provided.
All applications must be submitted via the GRANTS.GOV website. FTA
does not accept applications on paper or by fax, email, or other means.
For information on application submission requirements, please see
Section D.1., Address to Request Application and Section D.4.,
Submission Dates and Times.
FTA encourages applicants to:
<bullet> Demonstrate whether they have considered climate change,
housing affordability, and environmental justice in terms of the
transportation planning process or anticipated design components with
outcomes that address climate change (e.g., resilience or adaptation
measures).
<bullet> Describe what specific climate change, affordable housing,
or environmental justice activities have been incorporated, including
whether a project supports a Climate Action Plan, whether an equitable
development plan has been prepared, and whether tools such as the
Environmental Protection Agency's (EPA) EJSCREEN at: <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.
<bullet> Address how a project is related to housing or land use
reforms to increase density, and helps to reduce climate impacts. The
application should also describe specific and direct ways the project
will mitigate or reduce climate change impacts including any components
that reduce emissions, promote energy efficiency, incorporate
electrification or low emission or zero emission vehicle
infrastructure, increase resilience, recycle or redevelop existing
infrastructure or if located in a floodplain be constructed or upgraded
consistent with the Federal Flood Risk Management Standard, to the
extent consistent with current law.
In addition, FTA will consider benefits to Environmental Justice
(EJ) populations (E.O. 12898) when reviewing applications received
under this program.
<bullet> Identify any EJ populations located within the proposed
service area and describe anticipated benefits to that population(s)
should the applicant receive a grant under this program. A formal EJ
analysis that is typically included in transportation planning or
environmental reviews is not requested.

E. Application Review Information

1. Criteria
Project proposals will be evaluated primarily on the responses
provided in the supplemental form. Additional information may be
provided to support the responses; however, any additional
documentation must be directly referenced on the supplemental form,
including the file name where the additional information can be found.
Applications will be evaluated based on the quality and extent to which
the following evaluation criteria are addressed.
a. Project Factors
Whether the project funded under the TOD Pilot Program addresses
all six factors set forth in Section 20005(b)(2) of MAP-21, as amended
by section 30009 of BIL:
i. enhances economic development, ridership, and other goals
established during the project development and engineering processes;
ii. facilitates multimodal connectivity and accessibility;
iii. increases access to transit hubs for pedestrian and bicycle
traffic;
iv. enables mixed-use development;
v. encourages affordable housing, particularly in areas with high
incidence rates of homelessness;
vi. identifies infrastructure needs associated with the eligible
project; and
vii. includes private sector participation.
b. Demonstrated Need
FTA will evaluate each project to determine the need for funding
based on the following factors:
i. How the proposed work will advance TOD implementation in the
corridor and region;
ii. Justification as to why Federal funds are needed for the
proposed work;
iii. Extent to which the transit project corridor could benefit
from TOD planning;
iv. Extent to which TOD planning will address climate change,
affordable housing, and challenges facing environmental justice
populations.
c. Strength of the Work Plan, Schedule and Process
FTA will evaluate the strength of the work plan, schedule, and
process included in the application based on the following factors:
i. Potential state, local, or other impediments to the
implementation of the comprehensive or site-specific plan, and how the
workplan will address them;
ii. Extent to which the schedule contains sufficient detail,
identifies all steps needed to implement the work proposed, and is
achievable;
iii. The proportion of the project corridor covered by the work
plan;
iv. Extent of partnerships, including how community stakeholders
will engage and consider the needs of those traditionally underserved
by existing transportation systems, such as low-income and minority
households, and unhoused populations, who may face challenges accessing
employment and other services.
v. The partnerships' technical capability to develop, adopt, and
implement the comprehensive plans, based on FTA's assessment of the
applicant's description of the policy formation, implementation, and
financial roles of the partners, and the roles and responsibilities of
proposed staff;
vi. Extent to which this TOD planning effort increases access for
environmental justice populations and allows them to participate in
this TOD planning effort;
vii. Extent to which the TOD planning effort increases affordable
housing supply;
viii. Extent to which the comprehensive planning work will reduce
greenhouse gas emissions and the effects of climate change;
ix. How the performance measures identified in the application
relate to the

[[Page 53591]]

goals of the comprehensive planning work.
d. Funding Commitments
FTA will assess the status of local matching funds for the planning
work. In general, the maximum Federal funding share for proposals is 80
percent. Proposals that support planning activities that assist parts
of an urbanized area or rural area with lower population density or
lower average income levels compared to the applicable area or
adjoining areas will receive a Federal funding share of no less than 90
percent and applicants may request a share up to 100 percent (see the
March 21, 2023, Dear Colleague letter: <a href="https://www.transit.dot.gov/sites/fta.dot.gov/files/2023-03/Dear-Colleague-Letter-Non-Federal-Share-Waiver-for-Complete-Streets-Planning.pdf">https://www.transit.dot.gov/sites/fta.dot.gov/files/2023-03/Dear-Colleague-Letter-Non-Federal-Share-Waiver-for-Complete-Streets-Planning.pdf</a>). Proposals that address
three or more activities related to the development of affordable
housing (see section C.3.ii.v) will receive a Federal funding share of
100 percent.
Applications demonstrating that matching funds for the proposed
comprehensive planning work are already committed will receive higher
ratings from FTA on this factor. Proposed comprehensive planning
projects for which matching funding sources have been identified, but
are not yet committed, will be given lower ratings under this factor by
FTA, as will proposed comprehensive planning projects for which in-kind
contributions constitute the primary or sole source of match.
2. Review and Selection Process
An FTA technical evaluation committee will verify each proposal's
eligibility and evaluate proposals based on the published evaluation
criteria. FTA may request additional information from applicants, if
necessary.
After completing the merit review, among projects of similar merit,
DOT will prioritize projects that:
1. Significantly reduce greenhouse gas emissions in the
transportation sector, such as through utilizing fiscally responsible
land use; increasing the use of energy efficient modes of
transportation like transit, rail, and active transportation;
transitioning to clean vehicles and fuels, including through
electrification; and/or incorporating carbon-reducing uses of the
right-of-way or other carbon reduction strategies.
2. Incorporate evidence-based climate resilience measures or
features, such as using best-available climate data sets, information
resources, and decision-support tools (including USDOT and other
federal resources) to assess the climate-related vulnerability and risk
of the project; developing and deploying resilience solutions to
address those risks; incorporating nature-based solutions; constructing
or upgrading infrastructure using the Federal Flood Risk Management
Standard, consistent with current law; and monitoring performance of
climate resilience measures.
3. Address the disproportionate negative environmental impacts of
transportation on disadvantaged communities; such as considering the
benefits and burdens a project may create, and what communities would
be most affected.
4. Avoid adverse environmental impacts to air or water quality,
wetlands, and endangered species; such as through reduction in Clean
Air Act criteria pollutants and greenhouse gases, improved stormwater
management, or improved habitat connectivity.
5. Enable all people within the multimodal transportation networks
to reach their desired destination safely, affordably, and with a
comparable level of efficiency and ease.
6. Reconnect communities and mitigate neighborhood bifurcation
through land bridges, caps, lids, linear parks, investments in walking,
biking and rolling assets, and other solutions.
7. Address the disproportional impacts of crashes on underserved
communities, including individuals with disabilities.
8. Expand access to critical community services such as education
and healthcare through mass transit services.
9. Increase housing supply, particularly location-efficient
affordable housing, locally-driven land use and zoning reform, rural
main street revitalization, growth management, and transit-oriented
development.
10. Address the unique challenges rural and Tribal communities face
related to mobility and economic development, including isolation,
transportation cost burden, and traffic safety (pursuant to DOT's Rural
Opportunities to Use Transportation for Economic Success (ROUTES)
initiative).
11. Encourage an increase in housing supply, particularly location-
efficient affordable housing, locally-driven land use and zoning
reform, rural main street revitalization, growth management, and
transit-oriented development, pursuant to the White House Housing
Supply Action Plan (<a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/16/president-biden-announces-new-actions-to-ease-the-burden-of-housing-costs/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/16/president-biden-announces-new-actions-to-ease-the-burden-of-housing-costs/</a>).
12. Incorporate and support integrated land use, economic
development, and transportation planning to improve the movement of
people and goods and local fiscal health, and to facilitate greater
public and private investments and strategies in land-use productivity,
including rural main street revitalization or an increase in the
production or preservation of location-efficient housing.
13. Provide the plan to conduct meaningful public involvement that
includes underserved communities throughout the project lifecycle and
uses a meaningful public involvement process. Additionally, consider
the benefits and potential burdens a project may create, who would
experience them, and how they may be measured over time, with a
specific focus on how the benefits and potential burdens will impact
underserved/disadvantaged communities.
14. Benefit underserved/Historically Disadvantaged Communities,
including benefits that would accrue to underserved/Historically
Disadvantaged Communities outside of the specific project area. Use
DOT's Transportation Disadvantaged Census Tracts (<a href="http://arcgis.com">arcgis.com</a>) tool to
identify whether the project impact area encompasses disadvantaged
communities. A screenshot of the results is encouraged. Furthermore,
applicants are encouraged to use equity screening tools such as DOT's
STEAP (Screening Tool for Equity Analysis of Projects) (<a href="https://hepgis.fhwa.dot.gov/fhwagis/buffertool/">https://hepgis.fhwa.dot.gov/fhwagis/buffertool/</a>) as a resource for developing
equity assessments.
In support of Executive Order 14008, and consistent with OMB's
Interim Guidance for the Justice40 Initiative, Historically
Disadvantaged Communities include (a) certain qualifying census tracts,
(b) any Tribal land, or (c) any territory or possession of the United
States. Applicants are encouraged to use Climate & Economic Justice
Screening Tool (CEJST), a new tool by the White House Council on
Environmental Quality (CEQ), that aims to help Federal agencies
identify disadvantaged communities as part of the Justice40 initiative
to accomplish the goal that 40 percent of benefits from certain federal
investment reach disadvantaged communities. Applicants should use CEJST
as the primary tool to identify disadvantaged communities (Justice40
communities). Applicants are strongly encouraged to use the USDOT
Equitable Transportation Community (ETC) Explorer to understand how
their community or project area is

[[Page 53592]]

experiencing disadvantage related to lack of transportation investments
or opportunities. Through understanding how a community or project area
is experiencing transportation-related disadvantage, applicants are
able to address how the benefits of a project will reverse or mitigate
the burdens of disadvantage and demonstrate how the project will
address challenges and accrued benefits. Use of the map tool(s) is
optional; applicants may provide an image of the map tool outputs or,
alternatively, consistent with OMB's Interim Guidance, applicants can
supply quantitative, demographic data of their ridership demonstrating
the percentage of their ridership that meets the criteria described in
Executive Order 14008 for disadvantage. Examples of Historically
Disadvantaged Communities that an applicant could address using
geographic or demographic information include low income, high and/or
persistent poverty, high unemployment and underemployment, racial and
ethnic residential segregation, linguistic isolation, or high housing
cost burden and substandard housing. Additionally, in support of the
Justice40 Initiative, the applicant also should provide evidence of
strategies that the applicant has used in the planning process to seek
out and consider the needs of those traditionally disadvantaged and
underserved by existing transportation systems. For technical
assistance using the mapping tool, please contact <a href="/cdn-cgi/l/email-protection#22656f6d62464d560c454d54">[email&#160;protected]</a>.
FTA will evaluate the proposals to determine the extent that the
proposed project will address affordable housing needs, provide
equitable housing choices for environmental justice populations, and
avoid displacement of low-income households and existing small
businesses.
Among the factors in determining the allocation of program funds,
FTA may consider geographic diversity, diversity in the size of the
grantees receiving funding, or the applicant's receipt of other
competitive awards. Additionally, taking into consideration the
findings of the technical evaluation committee, the FTA Administrator
will determine the final selection of projects for program funding.
3. Integrity and Performance Review
Prior to making an award, FTA is required to review and consider
any information about the applicant that is in the Federal Awardee
Performance and Integrity Information Systems (FAPIIS) accessible
through SAM. An applicant may review and comment on information about
itself that a Federal awarding agency previously entered. FTA will
consider any comments by the applicant, in addition to the other
information in the designated integrity and performance system, in
making a judgment about the applicant's integrity, business ethics, and
record of performance under Federal awards when completing the review
of risk posed by applicants as described in the Office of Management
and Budget's Uniform Requirements for Federal Awards (2 CFR 200.205).

F. Federal Award Administration Information

1. Federal Award Notices
The FTA Administrator will announce the final project selections on
the FTA website. Project recipients should contact their FTA Regional
Offices for additional information regarding allocations for projects
under the TOD Pilot Program.
i. Pre-Award Authority
FTA will issue specific guidance to recipients regarding pre-award
authority at the time of selection. FTA does not provide pre-award
authority for competitive funds until projects are selected and, even
then, there are Federal requirements that must be met before costs are
incurred. Funds under this NOFO cannot be used to reimburse applicants
for otherwise eligible expenses incurred prior to FTA award of a Grant
Agreement until FTA has issued pre-award authority for selected
projects, or unless FTA has issued a ``Letter of No Prejudice'' for the
project before the expenses are incurred. For more information about
FTA's policy on pre-award authority, please see the most recent
Apportionment Notice at: FTA Fiscal Year 2023 Apportionments,
Allocations and Program Information [verbar] US Department of
Transportation (<a href="https://www.transportation.gov/bipartisan-infrastructure-law/regulations/2023-07761">https://www.transportation.gov/bipartisan-infrastructure-law/regulations/2023-07761</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 (<a href="https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/program-guidance-metropolitan-planning-and-state-planning-a-0">https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/program-guidance-metropolitan-planning-and-state-planning-a-0</a>) and Circular
5010.1E (<a href="https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management-requirements-circular-50101e">https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management-requirements-circular-50101e</a>). All
competitive grants, regardless of award amount, will be subject to the
Congressional notification and release process. Technical assistance
regarding these requirements is available from each FTA regional
office.
Additionally, recipients of TOD Pilot Program funds are required to
participate in a briefing on the USDOT-Build America Bureau, TIFIA/RRIF
financing program.

2. Administrative and National Policy Requirements

i. Planning
FTA encourages applicants to notify the appropriate metropolitan
planning organizations in areas likely to be served by the funds made
available under this program. Selected projects must be incorporated
into the unified planning work programs of metropolitan areas before
they are eligible for FTA funding or pre-award authority.
ii. Standard Assurances
The applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FTA
circulars, and other Federal administrative requirements in carrying
out any project supported by the FTA grant. The applicant acknowledges
that it is under a continuing obligation to comply with the terms and
conditions of the grant agreement issued for its project with FTA. The
applicant understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and may
affect the implementation of the project. The applicant agrees that the
most recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances (<a href="https://www.transit.dot.gov/funding/grantee-resources/certifications-and-assurances/certifications-assurances">https://www.transit.dot.gov/funding/grantee-resources/certifications-and-assurances/certifications-assurances</a>) before receiving a grant if it does not have current
certifications on file.
iii. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital, and/
or operating assistance that will award prime contracts exceeding
$250,000 in FTA funds in a Federal fiscal year comply with Department
of Transportation Disadvantaged Business Enterprise (DBE) program
regulations (49 CFR part 26). Applicants should expect to include any
funds awarded, excluding those to be used for vehicle procurements, in
setting their overall DBE goal.

[[Page 53593]]

iv. Civil Rights and Title VI
As a condition of a grant award, grant recipients must demonstrate
that the recipient has a plan for compliance with civil rights
obligations and nondiscrimination laws, including Title VI of the Civil
Rights Act of 1964 and implementing regulations (49 CFR part 21), the
Americans with Disabilities Act of 1990 (ADA), Section 504 of the
Rehabilitation Act, all other civil rights requirements, and
accompanying regulations. This should include a current Title VI plan,
completed Community Participation Plan, and a plan to address any
legacy infrastructure or facilities that are not compliant with ADA
standards. DOT's and FTA's Office of Civil Rights may work with awarded
grant recipients to ensure full compliance with Federal civil rights
requirements.
v. Performance and Program Evaluation
Recipients and subrecipients are also encouraged to incorporate
program evaluation including associated data collection activities from
the outset of their program design and implementation to meaningfully
document and measure their progress towards meeting an agency priority
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act
of 2018 (Evidence Act), (Public Law 115-435) urges Federal awarding
agencies and Federal assistance recipients and subrecipients to use
program evaluation as a critical tool to learn, to improve equitable
delivery, and to elevate program service and delivery across the
program lifecycle. Evaluation means ``an assessment using systematic
data collection and analysis of one or more programs, policies, and
organizations intended to assess their effectiveness and efficiency''
(5 U.S.C. 311). Credible program evaluation activities are implemented
with relevance and utility, rigor, independence and objectivity,
transparency, and ethics (OMB Circular A-11, Part 6, Section 290).
For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation (2 CFR part 200).
3. Reporting
Post-award reporting requirements include submission of Federal
Financial Reports and Milestone Progress Reports in FTA's electronic
grants management system on a quarterly basis. Applicants should
include any goals, targets, and indicators referenced in their
application to the project in the Executive Summary of the TrAMS
application. Awardees must also submit copies of the substantial
deliverables identified in the work plan to the FTA regional office at
the corresponding milestones.
As part of completing the annual certifications and assurances
required of FTA grant recipients, a successful applicant must report on
the suspension or debarment status of itself and its principals. If the
award recipient's active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
an award made pursuant to this Notice, the recipient must comply with
the Recipient Integrity and Performance Matters reporting requirements
described in appendix XII to 2 CFR part 200.
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats. Each applicant selected for Federal funding under this
notice must demonstrate, prior to the signing of the grant agreement,
effort to consider and address physical and cyber security risks
relevant to the transportation mode and type and scale of the project.
Projects that have not appropriately considered and addressed physical
and cyber security and resilience in their planning, design, and
project oversight, as determined by the Department and the Department
of Homeland Security, will be required to do so before receiving funds
for construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Improving Cybersecurity for Critical
Infrastructure Control Systems.
As expressed in Executive Order 14005, `Ensuring the Future Is Made
in All of America by All of America's Workers' (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Funds made available under this notice are subject
to the domestic preference requirements:
(a) Except as provided in 49 CFR 661.7 and 661.11, no funds may be
obligated by FTA for a grantee project unless all iron, steel,
manufactured products, and construction materials used in the project
are produced in the United States.
(b) All steel and iron manufacturing processes must take place in
the United States, except metallurgical processes involving refinement
of steel additives.
(c) The steel and iron requirements apply to all construction
materials made primarily of steel or iron and used in infrastructure
projects such as transit or maintenance facilities, rail lines, and
bridges. These items include, but are not limited to, structural steel
or iron, steel or iron beams and columns, running rail and contact
rail. These requirements do not apply to steel or iron used as
components or subcomponents of other manufactured products or rolling
stock, or to bimetallic power rail incorporating steel or iron
components.
(d) For a manufactured product to be considered produced in the
United States:
(1) All of the manufacturing processes for the product must take
place in the United States; and
(2) All of the components of the product must be of U.S. origin. A
component is considered of U.S. origin if it is manufactured in the
United States, regardless of the origin of its subcomponents.
The Department expects all applicants to comply with that
requirement.

G. Federal Awarding Agency Contacts

For program-specific questions, please contact April McLean-McCoy,
Office of Planning and Environment, (202) 366-7429, email:
<a href="/cdn-cgi/l/email-protection#226352504b4e0c6f416e47434c6f41614d5b62464d560c454d54">[email&#160;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/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 2023 competitive grants selection and award process upon
request.
For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at
1-800-518-4726 or by email at <a href="/cdn-cgi/l/email-protection#1a696f6a6a75686e5a7d687b746e69347d756c">[email&#160;protected]</a>. Contact information
for FTA's regional offices can be found on FTA's website at <a href="https://www.transit.dot.gov">https://www.transit.dot.gov</a>.

H. Other Program Information

This program is not subject to Executive Order 12372,

[[Page 53594]]

``Intergovernmental Review of Federal Programs.''

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-16894 Filed 8-7-23; 8:45 am]
BILLING CODE 4910-57-P

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