Notice2024-06778
Notice of Funding Opportunity for FAA's Office of Airports FY 2023 Supplemental Discretionary Grants
Primary source
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Published
April 1, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The U.S. Department of Transportation (DOT) Federal Aviation Administration (FAA) announces the opportunity to apply for approximately $269 million in FY 2023 Supplemental Discretionary Grants. This is a competitive grant program under the project grant authority for Airport Improvement Program (AIP). The AIP objective is to assist airport owners and operators (sponsors) that are eligible to accept grants in the development and improvement of a nationwide airport system. FAA will implement the FY 2023 Supplemental Discretionary grants consistent with AIP sponsor and project eligibility. In addition, FY 2023 Supplemental Discretionary grants will align with DOT's Strategic Framework FY 2022-2026 at https:// www.transportation.gov/administrations/office-policy/fy2022-2026- strategic-framework.
Full Text
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22468-22476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06778]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No: FAA-2024-1029]
Notice of Funding Opportunity for FAA's Office of Airports FY
2023 Supplemental Discretionary Grants
AGENCY: Federal Aviation Administration, Office of Airports, U.S.
Department of Transportation.
ACTION: Notice of funding opportunity.
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SUMMARY: The U.S. Department of Transportation (DOT) Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $269 million in FY 2023 Supplemental Discretionary
Grants. This is a competitive grant program under the project grant
authority for Airport Improvement Program (AIP). The AIP objective is
to assist airport owners and operators (sponsors) that are eligible to
accept grants in the development and improvement of a nationwide
airport system. FAA will implement the FY 2023 Supplemental
Discretionary grants consistent with AIP sponsor and project
eligibility. In addition, FY 2023 Supplemental Discretionary grants
will
[[Page 22469]]
align with DOT's Strategic Framework FY 2022-2026 at <a href="https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>.
DATES: Airport sponsors must submit an application that meets the
requirements of this NOFO no later than 5:00 p.m. Eastern time, May 2,
2024.
ADDRESSES: Submit applications electronically at <a href="/cdn-cgi/l/email-protection#cff6e28e9d9fe28e869f9cbabfbf8f898e8ee1a8a0b9"><span class="__cf_email__" data-cfemail="70495d3122205d31392023050000303631315e171f06">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: David F. Cushing, Manager, Airports
Financial Assistance Division, APP-500 at (202) 267-8827.
SUPPLEMENTARY INFORMATION:
A. Program Description
This FY 2023 Supplemental Discretionary Grants Notice of Funding
Opportunity (NOFO) announces a competitive grant program that falls
under the project grant authority for the AIP in 49 U.S.C. 47104. The
Consolidated Appropriations Act, 2023 (Pub. L. 117-328) (Appropriations
Act), provides funding, to remain available through September 30, 2025,
for the Secretary of Transportation to issue grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49 of the U.S.C., for both specific Congressionally
Directed grants that are not subject to this NOFO, and approximately
$269 million in FY2023 Supplemental Discretionary Grants, subject to
the availability of funds, that are the subject of this NOFO. As
outlined in 2 Code of Federal Regulations (CFR) part 200--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, the AIP Federal Assistance Listings number is
20.106.
FAA seeks to fund projects that advance the Departmental priorities
of safety, equity, climate and sustainability, and workforce
development, job quality, and wealth creation as described in Section E
and the 2022-2026 USDOT Strategic Plan, in the 2022-2026 USDOT
Research, Development and Technology Strategic Plan, and in executive
orders, including those listed under Section F.2.
B. Federal Award Information
B.1 Total Funding
This NOFO announces approximately $268,707,225, subject to the
availability of funds, for FY 2023 Supplemental Discretionary Grants to
remain available through September 30, 2025. Of this total,
$235,677,112 will be made available to medium and large hub airports
and $33,030,113 to small hub, nonhub, and nonprimary airports.
B.2 Expected Award Amount
From FY 2018 through FY 2022, more than 625 supplemental
discretionary grants were awarded, totaling approximately $2.5 billion.
The supplemental discretionary grants ranged in amount from $142,000 to
$29,115,000. The average supplemental discretionary grant has been
approximately $4,800,000.
Large and Medium Hub Airports: In FY 2022, 34 awards, averaging
$5.8 million were awarded to large and medium hub airports. In FY 2023,
the total amount available for this category is $235,677,112 million.
Applicants should craft project applications to accept grants to
fulfill a useful unit of work that achieve a priority purpose, or
purposes, expressed in Sections A and E of no more than $20 million
federal share.
Small Hub, Nonhub, and Nonprimary Airports: In FY 2022, 45 awards,
averaging $1.5 million were awarded to small hub, nonhub, and
nonprimary airports. For FY2023, the total amount available for this
category is $33,030,113. Applicants should craft project applications
to accept grants to fulfill a useful unit of work that achieve a
priority purpose, or purposes expressed in Sections A and E of no more
than $1.5 million federal share.
In consideration of the limited funding, project applications
should consider projects that may have multiple useful units of work
scoped with bid alternates.
B.3 Number of Awards
FAA anticipates at least 50 awards to be made from this NOFO.
B.4 Expected Award Funding and Anticipated Dates
Anticipated Award Date: within 90 days after the application
deadline.
Anticipated Funding/Obligation Dates: July 2024 through May 2025.
B.5 Period of Performance
The period of performance shall not extend beyond four (4) years
after the applicable Anticipated Award/Obligation Dates from Section
B.4.
B.6 Partial Awards
FAA reserves the right to fund an application at less than the
total amount requested to cover only a portion of the proposed activity
indicated in the original proposal, as long as the activity is a useful
unit of work. However, a partial award does not guarantee future
funding for completion of all activities within the project. If project
proposals are offered as a non-severable package of work, the applicant
should specify this in the application. Applicants are encouraged to
propose projects that are scalable and identify scaled funding options
in case insufficient funding is available to fund an applicant's
project or a bundled project at the full requested amount.
C. Eligibility Information
C.1 Eligible Applicants
Eligible applicants are public agencies owning or leasing a public-
use airport in the NPIAS; private entities owning a public-use NPIAS
airport; States acting as a sponsor for one or more specific NPIAS
airports in the State; Indian Tribes or pueblos owning or leasing a
public-use NPIAS airport; the Secretary of the Interior for Midway
Island Airport; the Republic of the Marshall Islands; the Federated
States of Micronesia; the Republic of Palau; and other applicants as
outlined in table 2-1 of the AIP Handbook, FAA Order 5100.38, February
26, 2019 available at: <a href="https://www.faa.gov/airports/aip/aip_handbook/">https://www.faa.gov/airports/aip/aip_handbook/</a>.
C.2 Cost Sharing and Matching
Grants have Federal shares ranging from 70 percent to 95 percent
under 49 U.S.C. 47109. The Federal share percentage is based on the
airport size and type of project. Federal share by airport and project
type can be found in chapter 4 of the AIP Handbook, FAA Order 5100.38D,
February 26, 2019.
C.3 Project Eligibility
Every applicant must be able to demonstrate that its proposed
project is able to meet all grant requirements, including appropriate
procurement of services such as construction bids, and be able to
execute a grant no later than May 31, 2025.
Subject to funding availability, FAA will consider applications for
AIP-eligible projects under the Priority Project Categories in section
(C.3.a). Funding for projects under the general AIP eligibility will be
considered after funding decisions for the Priority Projects Categories
have been determined.
However, funds are limited, especially with regard to small hub,
nonhub, and nonprimary airports.
C.3.a Priority Project Categories
The Appropriations Act focuses on specific areas of AIP eligibility
consistent with Administration priorities. These are airfield
operational resiliency (AOR); sustainable aviation
[[Page 22470]]
fuel (SAF); and emissions and energy improvements (EE).
C.3.a.1 Airfield Operational Resiliency (AOR)
Airfield operational resiliency and the safety of airfield
operations are high priorities for FAA and the Department. Projects to
improve the resiliency of at-risk infrastructure must preserve or
advance airfield safety standards or advance the safety of airfield
operations. Projects that advance the operational resiliency of the
airfield, necessarily strive to do so under safe operating conditions.
The Appropriations Act focuses on airfield operational resiliency,
stating that FAA may make supplemental discretionary grants for airport
development improvements to primary runways, taxiways, and aprons
necessary at primary airports to increase operational resiliency for
the purpose of resuming commercial service flight operations following
an earthquake, flooding, high water, hurricane, storm surge, tidal
wave, tornado, tsunami, wind-driven water, or winter storms.
AIP traditionally focuses on airfield resiliency including safe
operations in varied operating circumstances. Also, AIP funds airfield
resiliency in the form of pavement durability and weight-bearing
capacity. Intact airfield pavement is a significant factor in
operational safety. Airfield drainage and projects that prevent
accumulations of precipitation or inundation of the airfield are
eligible projects for AIP funding. Airfield Operational Resiliency also
means the resiliency of airfield signage and markings, as well as the
reliability and effectiveness of airfield lighting infrastructure.
C.3.a.2 Sustainable Aviation Fuel (SAF)
FAA may make grants to primary airports for airport-owned
infrastructure required for the on-airport distribution, blending, or
storage of sustainable aviation fuels that achieve at least a 50
percent reduction in lifecycle greenhouse gas emissions, using a
methodology determined by the Secretary of Transportation. Projects may
include, but are not limited to, on-airport construction or expansion
of pipelines, rail lines and spurs, loading and off-loading facilities,
blending facilities, and storage tanks.
C.3.a.3 Emissions and Energy (EE)
i. Expanded Emissions Eligibility: As required in the
Appropriations Act, FAA has set aside no less than $25 million for
grants for work necessary at commercial service airports to construct
or modify airport facilities to provide low-emission fuel systems, gate
electrification, other related air quality improvements, acquisition of
airport-owned vehicles or ground support equipment with low emission
technology, or the purchase and installation of chargers to support
such airport-owned vehicles and ground support equipment. Qualifying
projects may include, but are not limited to, those described under the
Voluntary Airport Low Emissions (VALE) program, without requiring the
airport to be in a non-attainment or maintenance area, and the Zero
Emissions Vehicles (ZEV) program.
For information on VALE see <a href="https://www.faa.gov/airports/environmental/vale/">https://www.faa.gov/airports/environmental/vale/</a>.
ii. Energy Efficiency of Airport Power Sources: Energy Efficiency
of Airport Power Sources provides grant funding for energy assessments/
audits and implementation of energy reduction measures to reduce energy
consumption across airport operations. In order to be eligible for
implementation of energy consumption reduction projects, an energy
assessment/audit must have been completed. Requirements for an
acceptable energy assessment/audit and project eligibility are based on
Energy Efficiency of Airport Power Sources eligibility under 49 U.S.C.
47140(a)(b), and details are contained in chapter 6, section 7 of the
AIP Handbook.
iii. Energy Supply, Redundancy and Microgrids: Energy Supply,
Redundancy and Microgrids provides grant funding that can be used to
improve the reliability and efficiency of the airport power supply.
Eligibility is based on Energy Supply, Redundancy and Microgrids
projects eligibility under 49 U.S.C. 47102(3)(P). Additional
information is available at <a href="https://www.faa.gov/airports/environmental/">https://www.faa.gov/airports/environmental/</a>.
iv. Airport Sustainability Planning: Airport Sustainability
Planning provides grant funding for eligible airports to develop
comprehensive sustainability plans. Based on the authority under 49
U.S.C. 47102(5), such plans may address a broad array of environmental
and energy planning activities, green construction and operations,
energy efficiency, and renewable energy. Consistent with E.O. 14008, a
sustainability plan also may address climate resiliency. Additional
information is available at <a href="https://www.faa.gov/airports/environmental/sustainability/">https://www.faa.gov/airports/environmental/sustainability/</a>.
v. Zero Emissions Vehicle: These grants provide funding to acquire
zero-emissions vehicles and associated infrastructure at any primary or
nonprimary airport eligible to receive AIP grants. See <a href="https://www.faa.gov/airports/environmental/zero_emissions_vehicles/">https://www.faa.gov/airports/environmental/zero_emissions_vehicles/</a>.
vi. Reducing Impacts of Lead Emissions from Aviation Fuel: Grants
are available for planning for unleaded aviation fuel infrastructure,
and to plan for and construct run-up locations to reduce community
exposure to emissions from leaded aviation fuel.
vii. Other AIP eligible projects that increase energy efficiency:
Grants for projects that are otherwise eligible for AIP may be also
eligible under this Priority Projects Category to the extent that
implementation of the funded project reduces emissions or increase
energy efficiency.
D. Application and Submission Information
D.1 Address To Request Application Package
Required application materials, including the Application for
Federal Assistance (Form SF-424), are available at <a href="https://www.faa.gov/airports/aip/aip_supplemental_appropriation">https://www.faa.gov/airports/aip/aip_supplemental_appropriation</a>.
For specific technical questions about general AIP project
eligibility or Airfield Operational Resiliency (AOR) project
eligibility, please contact the appropriate Regional Office (RO) or
Airports District Office (ADO). RO/ADO contact information is available
at <a href="https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices">https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices</a>.
For specific technical questions regarding Sustainable Aviation
Fuel (SAF) projects and Emissions and Energy (EE) projects, please see
section G for contact information.
D.2 Content and Form of Application Submission
Applicants are required to submit an application specifically
referencing all requirements in this NOFO to be considered for
supplemental discretionary funding, even if the applicant previously
applied for funding.
All applications must contain the SF-424 identified in Section
D.2.a. Applications should also include a project narrative with
financial plan describing the project as explained in Section D.2.b.
The SF-424 and the project narrative with financial plan should be in
separate files in the same email submission.
Applicants are required to submit applications electronically to
the following mailbox: <a href="/cdn-cgi/l/email-protection#99a0b4d8cbc9b4d8d0c9caece9e9d9dfd8d8b7fef6ef"><span class="__cf_email__" data-cfemail="fac3d7bba8aad7bbb3aaa98f8a8ababcbbbbd49d958c">[email protected]</span></a>. The deadline for
submittal is May 2, 2024, at 5 p.m. Eastern time. The applicant will
receive a one-time notification of receipt of the application
[[Page 22471]]
materials. Subsequent applications or materials will not receive
notification. No information regarding the status of the application
will be provided until all reviews are complete.
Airports covered under FAA's State Block Grant Program should
coordinate with their associated state agencies and must submit project
applications via the procedures noted herein to the specified mailbox.
The applicant assumes responsibility for submitting complete
applications on the required form to the identified mailbox. FAA
assumes no responsibility for misdirected, incomplete, incorrect, or
late applications.
Applicants are required to submit applications with the following
information:
D.2.a Completed and Signed SF-424
The required form for this NOFO is located at <a href="https://www.faa.gov/airports/resources/forms/media/SF424">https://www.faa.gov/airports/resources/forms/media/SF424</a>. All other versions are obsolete,
and their use may remove your application from consideration. This
version of the SF-424 is a fillable.pdf. Please do not print and scan
the form, nor imbed the form in your application documents or Project
Narrative. Submit it by email as the completed fillable form. The SF-
424 must be a stand-alone document. It must not contain a title page,
nor be imbedded in any other document. All information required on the
SF-424 must be completed as applicable. The following information must
be included, or your application may be disqualified:
a. A valid and active UEI in Box 8c. The UEI must match the Legal
Entity Name in Box 8a. DUNs number is no longer permitted on Federal
award applications.
b. Funding Opportunity Number (FON) in Box 12. The FON for this
NOFO is FAA-ARP-AIP-G-24-001.
c. Brief description of the project in Box 15, including the
Priority Project Category identified in Section C.3. Please use ``AOR''
for Airfield Operational Resiliency; ``SAF'' for Sustainable Aviation
Fuel; and ``EE'' for all Emissions and Energy projects. Use ``G'' for
general AIP eligibility.
d. Proposed Start Date in Box 17 a. Project should go under grant
no later than May 31, 2025.
e. Federal Funding Amount Requested from the FY 2023 Supplemental
Discretionary Grants in Box 18a.
f. The file name for each SF-424 will use the following format for
submission:
[LOCID] SF-424 FY 2023 Supplemental Discretionary Grants [Special
Project Category abbreviation--G, AOR, SAF or EE]. Example: XXX SF-424
FY 2023 Supplemental Discretionary Grants SAF.
D.2.b Project Narrative With Financial Plan
Each project application should include a single project narrative
with financial plan not to exceed 20 pages contained in its own file in
the emailed application submission.
Each project narrative should include a schedule demonstrating that
the airport sponsor can execute a grant agreement no later than May 31,
2025, meeting milestones in calendar year 2024. Calendar year 2024
milestones include, but are not limited to, progress of environmental
reviews, airspace review and approvals, and depiction of the project on
the Airport Layout Plan. The project narrative with financial plan
should describe the project purpose, specific location on the airport,
project scope, and how the project satisfies Administration priorities
or safety, climate change and sustainability, or equity and workforce
development, as summarized in Section A.
Each application must include a financial plan that ensures that
the airport sponsor executes a grant by May 31, 2025, and that the
airport sponsor demonstrates that the project is ready to begin within
the timeframe provided and will be completed within the period of
performance indicated in section B.5. The financial plan should show
how the project will become operational in a timely manner. Finally,
the airport sponsor should include information on its financing to
complete the project and put it in use, including a plan to use FAA
formula funding associated with the subject airport, either upon the
subject project or another eligible project of similar or higher
utility or National Priority Rating (NPR), as such term is defined in
FAA Order 5090.5, Formulation of the NPIAS and ACIP.
The grant application financial plan may be based on estimates.
However, FAA may request additional information, including bids or firm
cost determinations, substantiation of greenhouse gas or emissions
reductions, and associated requirements.
In addition, to enhance competitiveness of the application, each
project narrative with financial plan should include the elements
described in D.3.
D.3 All Applications
Project narratives should contain enough information about the
project to establish basic eligibility, including expanded eligibility
in the Priority Project Categories. Include enough information about
the project to identify precise locations, purpose of the project, and
project scope to calculate an NPR, which FAA will consider in
prioritizing projects.
Each Priority Project Category application description should also
include information to support the application, such as listed under
D.3. and other relevant information to present the character of the
project and show how it satisfies the criteria under section E.1.
D.3.a Airfield Operational Resiliency (AOR)
Applications for airfield operational resilience, including the
preservation or advancement of safety standards or the advancement of
the safety of airfield operations, including the operational resiliency
of airfield pavement, marking, signage and lighting must describe:
i. the conditions, including natural disaster, from which the
proposed project would provide prevention, resiliency, or recovery;
ii. whether the project pursues prevention of the occurrence (such
as levees) or resistance to damage (such as timely appropriate pavement
treatments or passive airfield drainage); or recovery from severe
impacts (such as stormwater runoff management or snow removal);
iii. the likelihood of such impacts occurring in relation to the
expected useful life of the proposed development improvements; and
iv. any specific reasons why the subject airfield is particularly
vulnerable to negative impacts, including those from natural disaster,
and the scale of that negative impact to the aviation system.
D.3.b Sustainable Aviation Fuels (SAF)
Applications for Sustainable Aviation Fuels (SAF) proposals,
describe clearly how the project will support the implementation of SAF
for distribution into aircraft at the airport. This description should
include:
i. A project description consistent with improvements including,
but not limited to, on-airport construction or expansion of pipelines,
rail lines and spurs, loading and off-loading facilities, blending
facilities and storage tanks;
ii. The absolute capacity of the facility in gallons to deliver SAF
into-plane;
iii. How the scope of the proposed facility is reasonably
consistent with the potential and operable market for SAF at the
airport;
iv. How the sponsor intends to provide non-discriminatory, non-
exclusive access to SAF for aeronautical users of the airport; and the
sponsor's plan for covering the operational costs
[[Page 22472]]
of the facility through reasonable rates and charges;
v. Certification that the project supports the transition to
sustainable aviation fuels that achieve at least a 50 percent reduction
in lifecycle greenhouse gas emissions. SAF production and lifecycle
greenhouse gas emissions are described in the Notice of Funding
Opportunity for the Fueling Aviation's Sustainable Transition Grant
Program available at <a href="https://faa.gov/general/fueling-aviations-sustainable-transition-fast-grants">https://faa.gov/general/fueling-aviations-sustainable-transition-fast-grants</a>. Include a statement of how the
project prevents degradation to the lifecycle carbon benefits.
D.3.c Emissions and Energy (EE)
Applications for projects focusing on the Expanded Emissions
Eligibility; Energy Efficiency of Airport Power Sources; Energy Supply,
Redundancy and Microgrids; Airport Sustainability Planning and ZEV for
all airports, as described in C.3.a.3 will provide:
i. A cost estimate;
ii. For projects that will result in emissions reductions or air
quality improvements: (a) the total project cost per tons that the
emissions reduction will produce and the types of emissions it will
reduce relative to a no-action baseline, including average annual
amount and estimated amount over the project lifetime, and (b) a
description of the methodology and tool used to calculate the estimated
emissions reduction;
iii. An energy assessment or audit that describes the airport's
heating and cooling, base load, back-up power, and power for on-road
airport vehicles and ground support equipment and identifies the
proposed project as a measure to reduce energy consumption for projects
that will result in a reduction of airport energy consumption pursuant
to the Energy Efficiency of Airport Power Sources Program (see AIP
Handbook Chapter 6, section 7);
iv. Other environmental sustainability benefits with regard to
energy efficiency, or reliability, such as through incorporation of
specific design elements that address resiliency to climate change
impacts; and
v. How the project addresses the disproportionate negative
environmental impacts of transportation on disadvantaged communities,
consistent with environmental justice and civil rights authorities.
D.4 Unique Entity Identifier and System of Award Management (SAM)
Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must have a Unique Entity
Identifier (UEI) provided by SAM. Additional information about
obtaining a UEI and registration procedures may be found at the SAM
website (currently at <a href="http://www.sam.gov">http://www.sam.gov</a>).
Each applicant is required to: (1) be registered in SAM before
submitting its application; (2) provide a valid unique entity
identifier in its application (which matches the airport sponsor's name
on the 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 FAA. Under FY 2023 Supplemental Discretionary Grants,
the UEI and SAM account must belong to the entity that has the legal
authority to apply for, receive, and execute these grants.
Once awarded, FAA grant recipient must maintain the currency of its
information in SAM until the recipient submits the final financial
report required under the grant or receives the final payment,
whichever is later. A grant recipient must review and update the
information at least annually after the initial registration and more
frequently if required by changes in information or another award term.
FAA may not make an award until the applicant has complied with all
applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time FAA is ready to make an
award, FAA 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.
Non-Federal entities that have received a Federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS: <a href="https://sam.gov/content/fapiis">https://sam.gov/content/fapiis</a>)
to ensure registration information is current and complies with Federal
requirements. Applicants should refer to 2 CFR 200.113 for more
information about this requirement.
D.5 Submission Dates and Times
Airports sponsors must submit an application that meets the
requirements of this NOFO no later than 5 p.m. Eastern time on May 2,
2024, to the following mailbox: <a href="/cdn-cgi/l/email-protection#cdf4e08c9f9de08c849d9eb8bdbd8d8b8c8ce3aaa2bb"><span class="__cf_email__" data-cfemail="fec7d3bfacaed3bfb7aead8b8e8ebeb8bfbfd0999188">[email protected]</span></a>.
Applications may be based on estimates. However, FAA may request
additional information, including bids or firm cost determinations, and
other associated requirements after the review and selection of awards.
D.6 Intergovernmental Review
Not Applicable.
D.7 Funding Restrictions
Under 49 U.S.C. 47115, projects must meet airport and project
eligibility criteria. Eligibility is derived from statute and may
include projects to enhance airport safety, capacity, security, and the
environment, or any combination of the above. In general, sponsors may
receive AIP funds for most airfield capital improvements, and, in
specific situations, for terminals, hangars, equipment, and
nonaeronautical development. Operational costs--such as salaries,
equipment, and supplies--are not eligible for FY 2023 Supplemental
Discretionary Grants. Grant funds may not be used to support or oppose
union organizing.
Please see below criteria and refer to chapters 3 and 4 of the AIP
Handbook for further details on eligibility criteria and funding
restrictions. Except where options are specifically noted or where
nonmandatory language is used, the procedures and requirements in the
AIP Handbook are mandatory. The general requirements for project
funding include considerations of: project eligibility; project
justification; good title of airport property; an FAA-approved airport
layout plan (if applicable); airport-user consultations; complete
required environmental reviews; a determination that the grant will
yield a usable unit of work; certification that the project
specification will meet FAA standards; applicable cost justifications;
and a work plan to complete the project without unreasonable delay.
See section C for additional eligibility details for Priority
Program Categories as derived from the Appropriations Act and
Administration priorities.
Grant Funds, Sources and Uses of Project Funds: Project budgets
should show how different funding sources will share in each activity
and present those data in dollars and percentages. The budget should
identify other Federal funds the applicant is applying for or has been
awarded, if any. Funding sources should be grouped into three
categories: non-Federal, FY2023 Supplemental Discretionary Grants, and
other Federal funding with specific amounts from each funding source,
including formula funding under AIP and Airport Infrastructure Grants
(AIG).
Sharing of Application Information: FAA may share application
information within the Agency, Department, or with other Federal
agencies if FAA determines that sharing is relevant to the respective
program's objectives.
[[Page 22473]]
E. Application Review Information
FAA will implement the FY 2023 Supplemental Discretionary Grants as
appropriate and consistent with statutory criteria. These comprise
eligibility for airport planning, development, and environmental
projects to support aeronautical activity at airports of all sizes
across the country. Also, this NOFO supports Administration, DOT, and
FAA priorities:
Safety: FAA seeks to fund projects that advance aviation safety
standards and the safety of airfield operations;
Climate Resiliency and Sustainability: FAA seeks to fund airport
projects that reduce emissions associated with airport operations,
increase energy efficiency and support the ability of airports to
incorporate sustainable energy sources. FAA seeks to incorporate
evidence-based resilience and reliability measures for at-risk
infrastructure, including measures to prevent or recover from the
impacts of increased climate risks. FAA seeks to reduce the lifecycle
greenhouse gas emissions from project materials and airport operations.
FAA seeks to 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);
Equity: FAA seeks to fund projects that create proportional impacts
to communities in a project area, including reducing negative impacts
to disadvantaged communities, 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); and
Workforce Development, Job Quality, and Wealth Creation: FAA
intends to use FY 2023 Supplemental Discretionary Grants to support the
creation of good-paying jobs with the free and fair choice to join a
union and to support the incorporation of strong labor standards and
training and placement programs, especially registered apprenticeships,
in project planning stages, and consistent with Executive Order 14025,
Worker Organizing and Empowerment (86 FR 22829). FAA also supports
wealth creation, consistent with the DOT's Equity Action Plan promoting
inclusive economic development and entrepreneurship measures such as
the utilization of Disadvantaged Business Enterprises, Minority-owned
Businesses, Women-owned Businesses, or 8(a) firms.
E.1 Criteria
Projects are subject to the availability of funds. Project
applications are subject to administrative screening.
All applications will be assessed using the following criteria:
E.1.a Initial Screening
i. Projects must meet the eligibility requirements identified in
section C.3 of this NOFO, including general AIP eligibility.
ii. The sponsor has sufficient financial resources to meet
milestones in 2024 and 2025 and fulfill the purpose of the project
described in the project narrative. The project funding plan uses
available FAA formula funding, including AIP and AIG funds, not
dedicated to another eligible project. All applicants should have a
plan to address potential cost overruns as part of an overall funding
plan.
iii. Projects should be able to execute a grant agreement for the
project no later than May 31, 2025. Certain policy milestones must be
met executing a grant agreement. These include depiction of capital
improvement projects on the airport's approved ALP (if applicable), a
National Environmental Policy Act environmental review determination
(if applicable), an energy assessment/audit for construction of energy
efficiency projects, and all necessary airspace studies.
iv. The readiness of the project to be completed within a period of
performance, indicated in section B.5.
v. FAA will consider the NPR in prioritizing projects.
E.1.b Merit Criteria
i. FAA will consider the degree to which the project preserves or
advances airfield safety standards and the safety of airfield
operations.
ii. FAA will consider the degree to which the project incorporates
evidence-based resilience and reliability measures for at-risk
infrastructure, including measures to prevent or recover from the
impacts of increased climate risks.
iii. FAA will consider the degree to which the project reduces the
lifecycle greenhouse gas emissions from project materials and airport
operations, including steps to make SAF available.
iv. FAA will consider the degree to which the project reduces
emissions associated with airport operations, increases energy
efficiency, and supports the ability to incorporate sustainable energy
sources.
v. FAA will consider the degree to which the project avoids adverse
environmental impacts to air or water quality, wetlands, and endangered
species, and addresses 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).
vi. FAA will consider the degree to which the project reduces
negative impacts to disadvantaged communities, and increases 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).
vii. FAA will consider the degree to which the project complies
with the Department of Transportation's Equity Action Plan through the:
<bullet> creation of good-paying, safe jobs with free and fair
choice to join a union including through the use of a project labor
agreement;
<bullet> promotion of investments in high-quality workforce
development programs with supportive services to help train, place, and
retain people in good-paying jobs or registered apprenticeships. These
programs should have a focus on women, people of color, and others that
are underrepresented in infrastructure jobs (people with disabilities,
people with convictions, etc.);
<bullet> adoption of changes to hiring policies and workplace
cultures to promote the entry and retention of underrepresented
populations; and
<bullet> promotion of inclusive economic development and
entrepreneurship, such as the utilization of Disadvantaged Business
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a)
firms.
E.1.c Selection Considerations
i. FAA will consider the degree to which the project enables
subsequent projects, such as energy assessments or audits, discussed in
C.3.a.3, if applicable.
ii. FAA will consider the degree to which the applicant presents a
plan to measure the impacts of the project, including how the project
contributes to energy efficiency or emissions improvements or reduction
in life-cycle greenhouse gas emissions. These activities may not be
eligible for reimbursement.
iii. FAA will consider geographic variety.
[[Page 22474]]
iv. FAA will consider projects that take advantage of the
flexibility of eligibility in the Appropriations Act that is not
available under other FAA grant programs, such as projects in the
Airfield Operational Resiliency, Sustainable Aviation Fuel, or
Emissions and Energy Priority Project Categories. FAA will consider new
or alternative uses of technology or processes in the execution of the
project.
v. FAA will consider projects that advance to grant very quickly or
have a particular demand for funding in FY 2024.
The review and selection process is described further in section
E.2, of this NOFO.
Applicants are encouraged to submit projects that meet as many of
the above considerations as possible.
E.1.d Project Prioritization
FAA will prioritize projects that qualify under the Priority
Project Categories described in section (C.3.a) and advance the
Departmental priorities described in section (A).
E.2 Review and Selection Process
FAA will evaluate how well the projects meet the criteria in E.1,
including project eligibility, justification, readiness, and the
availability of matching funds.
FAA will also consider how well projects advance the goals of the
following Executive Orders, which are incorporated into the criteria
under E.1.: Executive Order 13990, ``Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis'';
Executive Order 13985, ``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government''; Executive
Order 14008, ``Tackling the Climate Crisis at Home and Abroad'';
Executive Order 14030, ``Climate Related Financial Risk''; and
Executive Order 14036, ``Promoting Competition in the American
Economy.''
Applications are first reviewed for eligibility, certainty, and
timeliness of implementation consistent with the requirements of this
NOFO and the intent of the specific project category, as described in
E.1.a. Applications are then reviewed for how well the proposed
project(s) meets the criteria in E.1.b and ranked by program division,
field and Regional Office staff. The top projects for each airport
category are then evaluated by a National Control Board (NCB), with
consideration of the Selection Considerations, or other considerations
as they arise in real-time. The NCB has representatives from each
Region and Headquarters management and recommends project and funding
levels to senior leadership.
E.2.a Administrative Review
FAA will evaluate whether the application meets the requirements
specified in section D.2.a, and the request is within stated goals for
the airport's hub status.
E.2.b Merit Review
FAA will prioritize funding projects that are complete usable units
of work, to include construction of eligible airport development,
acquisition and installation of eligible equipment, acquisition and
commissioning of eligible rolling stock equipment, procurement of
actionable plans, including sustainability plans and energy planning as
described in section C.3.
E.2.c Selection Criteria
After completing the merit review, among projects of similar merit,
FAA will select applications based on availability of funds by airport
type and as described in E.1.c.
E.3 Integrity and Performance Check
Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, FAA is
required to review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at
its option, may review information in the designated integrity and
performance systems accessible through SAM and comment on any
information about itself that a Federal awarding agency previously
entered. FAA 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.
E.4 Anticipated Announcement and Federal Award Dates
FAA intends to release a Notice of Intent to Award FY 2023
Supplemental Discretionary Grants within 90 days of the application
deadline.
F. Federal Award Administration Information
F.1 Federal Award Notices
FY 2023 Supplemental Discretionary Grants awards are announced
through a Congressional notification process and the Secretary's Notice
of Intent to Fund, after which an FAA RO/ADO representative will
contact the airport sponsor with further information and instructions.
Once all pre-grant actions are complete, FAA RO/ADO will offer the
airport sponsor a grant for the announced project. This offer may be
provided through postal mail or by electronic means. Once this offer is
signed by the airport sponsor, it becomes a grant agreement. Awards
made under this program are subject to conditions and assurances in the
grant agreement.
F.2 Administrative and National Policy Requirements
Pre-Award Authority: Under 49 U.S.C. 47110(b)(2), all project costs
must be incurred after the grant execution date unless specifically
permitted under the AIP statutes. Table 3-60 of the AIP Handbook lists
the rules regarding when project costs can be incurred in relation to
the grant execution date, the type of funding, and the type of project.
Certain airport development costs incurred before execution of the
grant agreement are allowable, but only if certain conditions under 49
U.S.C. 47110(b)(2)(D) and Table 3-60 of the AIP Handbook are met.
Grant Requirements: All grant recipients are subject to the grant
requirements of the AIP, including the grant assurances, found in 49
U.S.C. chapter 471. Grant recipients are subject to requirements in
FAA's AIP Grant Agreement for financial assistance awards; the annual
certifications and assurances required of applicants; and any
additional applicable statutory or regulatory requirements, including
nondiscrimination requirements and 2 CFR part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. Grant requirements include, but are not limited to,
approved projects on an airport layout plan, and compliance with
Federal civil rights laws, Buy American requirements under 49 U.S.C.
50101, the Department of Transportation's Disadvantaged Business
Enterprise (DBE) Program regulations for airports (49 CFR part 23 and
49 CFR part 26), Build America, Buy America requirements in sections
70912(6) and 70914 of Public Law 117-58, the Infrastructure Investment
and Jobs Act, and prevailing wage rate requirements under the Davis-
Bacon Act, as amended (40 U.S.C. 276a-276a-5, and reenacted at 40
U.S.C. 3141-3144, 3146, and 3147).
Standard Assurances: Each grant recipient must assure that it will
comply
[[Page 22475]]
with all applicable Federal statutes, regulations, executive orders,
directives, FAA circulars, and other Federal administrative
requirements in carrying out any project supported by an FY 2023
Supplemental Discretionary Grant. The grant recipient must acknowledge
that it is under a continuing obligation to comply with the terms and
conditions of the grant agreement issued for its project with FAA. The
grant recipient 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 grant recipient must
agree that the most recent Federal requirements will apply to the
project unless FAA issues a written determination otherwise.
As referenced under Grant Requirements, the grant recipient must
submit the certifications at the time of grant application, and
assurances must be accepted as part of the grant agreement at the time
of accepting a grant offer. Grant recipients must also comply with the
requirements of 2 CFR part 200, which ``are applicable to all costs
related to Federal awards'' and which are cited in the grant assurances
of the grant agreements. The Airport Sponsor Assurances are available
on FAA website at: <a href="https://www.faa.gov/airports/aip/grant_assurances">https://www.faa.gov/airports/aip/grant_assurances</a>.
Critical Infrastructure Security and Resilience: It is the policy
of the United States to strengthen the security and resilience of its
critical infrastructure against all hazards; including both physical
and cyber risks consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Memorandum on Improving Cybersecurity for
Critical Infrastructure Control Systems. Each applicant selected for
Federal funding under this NOFO must demonstrate, prior to the signing
of the grant agreement, effort to consider and address physical and
cybersecurity risks relevant to the transportation mode and type and
scale of the project. Projects that have not appropriately considered
and addressed physical and cybersecurity 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.
Domestic Preference Requirements: As expressed in E.O. 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 NOFO are subject to the domestic preference requirements of
the Buy America Act codified in 49 U.S.C. 50101 and Build America, Buy
America requirements of the Bipartisan Infrastructure Law (BIL),
enacted as the Infrastructure Investment and Jobs Act (IIJA). FAA
expects all applicants to comply with those requirements without
needing a waiver. However, if requesting a waiver, a recipient must be
prepared to demonstrate how it will maximize the use of domestic goods,
products, and materials in constructing its project.
Civil Rights and Title VI: As a condition of a grant award,
applicants shall demonstrate that they will comply with the provisions
of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
and implementing regulations (49 CFR part 21), the Airport and Airway
Improvement Act of 1982 (49 U.S.C. 47123), the Age Discrimination Act
of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794 et seq.), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101, et seq.), U.S. Department of Transportation and
Federal Aviation Administration (FAA) Assurances, and other relevant
civil rights statutes, regulations, or authorities. This may include,
as applicable, providing a current Title VI Program Plan and a
Community Participation Plan (alternatively may be called a Public
Participation Plan) to the FAA for approval, in the format and
according to the timeline required by the FAA, and other information
about the communities that will be benefited and impacted by the
project. A completed FAA Title VI Pre-Grant Award Checklist is also
required for every grant application, unless excused by the FAA.
Applicants shall affirmatively ensure that when carrying out any
project supported by this grant that you will comply with all federal
nondiscrimination and civil rights laws based on race, color, national
origin (including limited English proficiency), sex (including sexual
orientation and gender identity), creed, age, disability, genetic
information, or environmental justice in consideration for federal
financial assistance. Applicants who have not sufficiently demonstrated
the conditions of compliance with civil rights requirements will be
required to do so before receiving funds. The Department's and FAA's
Office of Civil Rights may provide resources and technical assistance
to recipients to ensure full and sustainable compliance with Federal
civil rights requirements. Failure to comply with civil rights
requirements will be considered a violation of the agreement or
contract and be subject to any enforcement action as authorized by law.
Federal Contract Compliance: As a condition of grant award and
consistent with E.O. 11246, Equal Employment Opportunity (30 FR 12319,
and as amended), all Federally assisted contractors are required to
make good faith efforts to meet the goals of 6.9 percent of
construction project hours being performed by women, in addition to
goals that vary based on geography for construction work hours and for
work being performed by people of color. Under Section 503 of the
Rehabilitation Act and its implementing regulations, affirmative action
obligations for certain contractors include an aspirational employment
goal of 7 percent workers with disabilities.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega
Construction Project Program through which it engages with project
sponsors as early as the design phase to help promote compliance with
non-discrimination and affirmative action obligations. OFCCP will
identify projects that receive an award under this NOFO and are
required to participate in OFCCP's Mega Construction Project Program
from a wide range of Federally-assisted projects over which OFCCP has
jurisdiction and that have a cost above $35 million that receive awards
under this funding opportunity to partner with OFCCP, if selected by
OFCCP, as a condition of the DOT award.
Performance and Program Evaluation: As a condition of grant award,
grant recipients may be required to participate in an evaluation
undertaken by DOT or another agency or partner. The evaluation may take
different forms, such as an implementation assessment across grant
recipients, an impact and/or outcomes analysis of all or selected sites
within or across grant recipients, or a benefit/cost analysis or
assessment of return on investment. DOT may require applicants to
collect data elements to aid the evaluation and/or use information
available through other reporting. As a part of the evaluation, as a
condition of award, grant recipients must agree to: (1) make records
available to the evaluation contractor or DOT
[[Page 22476]]
staff; (2) provide access to program records and any other relevant
documents to calculate costs and benefits; (3) in the case of an impact
analysis, facilitate the access to relevant information as requested;
and (4) follow evaluation procedures as specified by the evaluation
contractor or DOT staff. Requested program records or information will
be consistent with record requirements outlined in 2 CFR 200.334
through 200.338 and the grant agreement.
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), Pub. L. 115-435 (2019) urges
Federal awarding agencies and Federal assistance recipients and
subrecipients to use program evaluation as a critical tool to learn, to
improve equitable delivery, and to elevate program service and delivery
across the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency.'' 5 U.S.C. 17 311 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).
F.3 Reporting
Grant recipients are subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under FY 2023
Supplemental Discretionary Grants, the grant recipient is required to
comply with all Federal financial reporting requirements and payment
requirements, including the submittal of timely and accurate reports.
Financial and performance reporting requirements are available in FAA
October 2020 Airport Improvement Program (AIP) Grant Payment and
Sponsor Financial Reporting Policy, which is available at <a href="https://www.faa.gov/sites/faa.gov/files/airports/aip/grant_payments/aip-grant-payment-policy.pdf">https://www.faa.gov/sites/faa.gov/files/airports/aip/grant_payments/aip-grant-payment-policy.pdf</a>.
The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200, subpart F, Audit Reporting
Requirements. The grant recipient must comply with any requirements
outlined in 2 CFR part 180, OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement).
G. Federal Awarding Agency Contacts
G.1 General Inquiries
For general inquiries, please contact: David F. Cushing, Manager,
Airports Financial Assistance Division, APP-500, at 202-267-8827.
For further information concerning this NOFO, please contact your
local Regional Office or District Office. Contact information is
available at <a href="https://www.faa.gov/airports/regions/">https://www.faa.gov/airports/regions/</a>.
G.2 Technical Inquiries
For technical questions regarding specific operational resiliency,
sustainable aviation fuel and energy and environmental sustainability
programs described in this NOFO, please contact Matthew Klein,
<a href="/cdn-cgi/l/email-protection#5a373b2e2e323f2d7431363f33341a3c3b3b743d352c"><span class="__cf_email__" data-cfemail="365b5742425e5341185d5a535f587650575718515940">[email protected]</span></a>, 202-267-4086.
To ensure applicants receive accurate information about eligibility
for the program, the applicant is encouraged to contact FAA directly,
rather than through intermediaries or third parties with questions.
Issued in Washington, DC on March 26, 2024.
David F. Cushing,
Manager, Airports Financial Assistance Division.
[FR Doc. 2024-06778 Filed 3-29-24; 8:45 am]
BILLING CODE 4910-13-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.