Home/Federal/Federal Register/2024-11305

Notice2024-11305

FY 2024 Competitive Funding Opportunity: Pilot Program for Transit-Oriented Development Planning

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

May 23, 2024

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

The Federal Transit Administration (FTA) announces the availability of $10,496,164 in Fiscal Year (FY) 2024 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 before the announcement of project selections.

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 101 (Thursday, May 23, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45737-45747]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11305]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

FY 2024 Competitive Funding Opportunity: Pilot Program for
Transit-Oriented Development Planning

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

ACTION: Notice of Funding Opportunity (NOFO).

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) announces the
availability of $10,496,164 in Fiscal Year (FY) 2024 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
before the announcement of project selections.

DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. July 22, 2024. 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-2024-005-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#1b5a6b697277355678577e7a7556785874625b7f746f357c746d">[email&#160;protected]</a>.
A TDD is available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION:

Summary Overview of Key Information: Pilot Program for Transit-Oriented
Development Planning
------------------------------------------------------------------------

------------------------------------------------------------------------
Program Overview............. The Pilot Program for Transit-Oriented
Development Planning (TOD Pilot Program)
provides funding to eligible applicants
to create comprehensive planning or site-
specific planning studies associated
with a new fixed guideway or core
capacity improvement project.
Eligible Applicants.......... Applicants to the TOD Pilot Program must
be a State, U.S. Territory, or local
governmental authority as well as an FTA
grant recipient (i.e., existing direct
or designated recipients) as of the
publication date of this Notice of
Funding Opportunity (NOFO).
Additionally, applicants 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.
Eligible Project Type........ New fixed guideway and core capacity
improvement projects.
Funding...................... TOD Pilot Program: $10,496,164.
Deadline..................... Insert Date 60 Days After Publication in
the Federal Register.
------------------------------------------------------------------------

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

[[Page 45738]]

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), Public Law 112-141 (2012), as amended by section
30009 of the Infrastructure Investment and Jobs Act (also called the
Bipartisan Infrastructure Law (BIL)), Public Law 117-58 (2021),
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
can be found 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 State and local governmental authorities to
integrate land use and transportation planning through comprehensive or
site-specific planning associated with a new fixed guideway capital
project or a core capacity improvement 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
planning activities 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, avoid adverse environmental impacts, and address
negative environmental impacts (past, present, and future) on
disadvantaged communities, consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
<bullet> Remove transportation-related disparities in the project
area, and ensure equitable access to project benefits, particularly for
communities that have experienced decades of underinvestment and are
most impacted by climate change, pollution, and environmental hazards,
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 Section 8(a) firms.
<bullet> Advance TOD projects that potentially qualify for
Transportation Infrastructure Finance and Innovation Act (TIFIA) and
Railroad Rehabilitation & Improvement Financing (RRIF) financing, as
authorized at 23 U.S.C. 601(a)(12)(E) and 49 U.S.C. 22402(b)(1)(F),
respectively, once the TOD planning study is complete.
Additionally, in support of the Federal ``House America
Initiative'' led by the U.S. Department of Housing and Urban
Development, FTA will strongly prioritize the award of TOD planning
grants in areas of high incidence rates of homelessness, in the hope of
providing opportunities for localities to address housing affordability
in these areas and homelessness holistically through their planning
processes.
The TOD Pilot Program intends to fund comprehensive or site-
specific planning that (1) supports economic development; increased
transit ridership, value capture, multimodal connectivity, and
accessibility; increased transit access for pedestrian and bicycle
traffic; and mixed-use and mixed-income development near transit
stations; (2) delivers 40 percent of the overall benefits of the
planning work to Historically Disadvantaged Communities (defined
below), consistent with the Justice40 Initiative; and (3) 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 planning 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, section 6609 of
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 with no further obligations to FTA 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 planning projects that cover an entire
transit capital project corridor or site-specific planning projects. 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, FTA will only select proposals in which the
transit project sponsor partners 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 $10,496,164 is
made available through this NOFO. The authorized funding level in BIL
is $13,782,778 in Fiscal Year (FY) 2024 funds, and a portion of this
funding was committed in the FY 2023 TOD Pilot Program Project
Selections. Additional funds made available prior to project selection
may be allocated to eligible projects. Only proposals from eligible
recipients for eligible activities are considered for funding. Due to
funding limitations, applicants who 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 2023 NOFO (88 FR 53585, which closed on
October 10, 2023), the TOD Pilot Program received 32 applications for
eligible projects requesting a total of $26,801,134. Of the eligible
applications received, 20 projects were funded at a total of
$17,620,000 and were provided with a 100 percent Federal share, for
they met the affordable housing incentive (see section C.3.ii.v of this
notice for

[[Page 45739]]

affordable housing incentive requirements).
FTA provides pre-award authority, consistent with 2 CFR 200.458,
for selected projects to incur costs beginning on the date FY 2024
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.

C. Eligibility Information

1. Eligible Applicants

Applicants to the TOD Pilot Program must be a State, U.S.
Territory, or local governmental authority as well as 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.
If the application is for a comprehensive plan, only one
application per transit capital project corridor may be submitted to
FTA. Multiple applications submitted for a single comprehensive transit
capital project corridor indicate that partnerships are not in place,
and FTA may reject all of the applications. FTA may 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, or 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. However, 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 adjoining area
are eligible to receive a Federal funding share of no less than 90
percent and applicants may request a share up to 100 percent if
requirements provided in 49 U.S.C 5305(f) are met (see the March 21,
2023 Dear Colleague letter, ``Increased Federal Share under the
Metropolitan Planning Program and State Planning and Research Program''
(<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 for meeting the affordable housing
incentive (see section C.3.ii.v of this notice for affordable housing
incentive requirements) may 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 by 49 U.S.C.
5309(a)(5) as:
(A) A new fixed guideway project that is a minimum operable segment
or extension to an existing fixed guideway system; or
(B) A fixed guideway bus rapid transit project that is a minimum
operable segment or an extension to an existing bus rapid transit
system.
A ``fixed-guideway bus rapid transit project'' is defined (49
U.S.C. 5309(a)(4)) 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)(2) as 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 the BIL. Additionally, the
comprehensive or site-specific planning deliverables should align with
the metropolitan planning organization's planning documents. Applicants
must also establish performance criteria for the planning effort.
Substantial deliverables may result from the comprehensive or site-
specific planning work, such as reports, plans, and other materials
that represent the key accomplishments of the comprehensive planning
effort, and these must be submitted to FTA as each is completed.
Substantial deliverables may include, but are not restricted to the
following:

[[Page 45740]]

(A) A comprehensive TOD 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;
(B) A strategic plan report that includes corridor or site-specific
planning strategies and program recommendations to support
comprehensive planning;
(C) Revised TOD-focused zoning codes and/or resolutions;
(D) A report evaluating and recommending financial tools to
encourage TOD implementation such as land banking, value capture, and
development financing; and
(E) A plan with supportive policies for pedestrian or bicycle
connectivity that reduces barriers to active transportation spines.
(F) Policies to encourage affordable housing, such as:
(1) Strategic policies that reduce regulatory barriers to the
development of affordable housing or infill development (e.g.,
inclusionary zoning that specifies a percentage of new units are
affordable for targeted incomes, the provision of density bonuses for
the creation of affordable housing units or a partnership with a
community development corporation to accelerate affordable housing
plans);
(2) Policies that support affordable rental opportunities;
(3) Policies that relax parking standards and reduce parking
minimums;
(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;
(G) 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;
(H) Policies to encourage TOD, including actions that increase
access to environmental justice populations, reduce greenhouse gas
emissions, and reduce the effects of climate change;
(I) Local or regional resolutions to implement TOD plans and/or
establish TOD funding mechanisms;
(J) TOD and affordable housing plans or policies that encourage
coordination efforts between transportation and housing agencies or
community development corporations, or
(K) 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:
(A) 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
(B) Capital activities, 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 2024 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-2024-005-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 is used by FTA 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 or site-specific
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 or site-specific planning work,
if the applicant does not have both of these responsibilities.
Documentation may consist of a memorandum of agreement or letter of
intent signed by all parties that describes the parties' roles and
responsibilities in the proposed comprehensive or site-specific
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:
a. Provide the name of the lead applicant and, if applicable, the
specific co-sponsors submitting the application.
b. Provide the applicant's Unique Entity Identifier (UEI), assigned
by <a href="http://SAM.gov">SAM.gov</a>.
c. Provide contact information including: Contact name, title,
address, phone number, and email address.
d. Specify the Congressional district(s) where the planning project
will take place.
e. 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.
f. Identify and describe an eligible transit project that meets the
requirements of Section C, subsection 3 of this notice.

[[Page 45741]]

g. 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.
h. Address the six factors set forth in MAP-21 Section 20005(b)(2).
i. Provide evidence of a partnership between a transit project
sponsor and an entity in the project corridor and those partners that
support unhoused populations and address affordable housing, such as
cities, municipalities, non-profit organizations, and housing
authorities.
j. Address each evaluation criterion separately, demonstrating how
the project responds to each criterion as described in Section E.
k. Provide a line-item budget for the total planning effort, with
enough detail to indicate the various key components of the
comprehensive or site-specific planning project.
l. Identify the TOD Pilot Program Federal amount requested.
m. Document the matching funds, including the amount and source of
the match (may include local or private sector financial participation
in the project). Describe whether the matching funds are committed or
planned and include documentation of the commitments.
n. Provide explanation of the scalability of the project.
o. Address whether other Federal funds have been sought or received
for the comprehensive or site-specific planning project.
p. Provide a schedule and process for the development of the
comprehensive or site-specific 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.
q. Describe how the comprehensive or site-specific planning work
aligns with the metropolitan transportation plan of the metropolitan
planning organization.
r. Propose performance criteria for the development and
implementation of the comprehensive or site-specific planning work.
s. 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.
t. Describe how the comprehensive or site-specific planning work
addresses climate change and elevates challenges facing environmental
justice populations.
u. Describe how the comprehensive or site-specific planning work
allows 40 percent of the overall benefits to flow to Historically
Disadvantaged Communities (defined below).
v. 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.
w. 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 that have been historically excluded.
x. Describe how the comprehensive or site-specific planning work
includes value capture considerations. Value capture refers to the
recipient's recovery of a share of the financial value created by the
recipient's transit activities. Examples of a recipient's value capture
strategies include: financial interest gained from tax increment
financing, special assessments, and capital interest in joint
developments. For more information, see <a href="https://www.transit.dot.gov/valuecapture">https://www.transit.dot.gov/valuecapture</a>.
y. Describe the community input process for the comprehensive or
site-specific planning work.
z. Identify infrastructure needs associated with the eligible
project.
aa. Describe how the comprehensive or site-specific planning work
incorporates affordable housing or other mixed-income elements.
bb. Address how the project will consider climate change and
environmental justice in the planning stage and project delivery. In
particular, the application 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.
Applications also must address the extent to which the project avoids
adverse environmental impacts to air or water quality, wetlands, and
endangered species, and address disproportionate negative impacts of
climate change and pollution on disadvantaged communities, including
natural disasters, with a focus on prevention, response, and recovery.
cc. Address how the 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. Applications 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.
dd. 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. Applicants must use the Climate and Economic
Justice Screening Tool (CEJST), provided by the Council on
Environmental Quality, to identify the historically disadvantaged
communities within their study area. This tool can be found at <a href="https://screeningtool.geoplatform.gov">https://screeningtool.geoplatform.gov</a>. Applicants must provide an image from
the map tool outputs. Alternatively, consistent with OMB's Interim
Guidance, applicants can supply quantitative, demographic data of the
eligible transit project's ridership demonstrating the percentage that
meets the criteria for disadvantage described in Executive Order 14008.
In support of 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. DOT is providing a mapping tool to assist applicants in
identifying whether a project is located in a Historically
Disadvantaged Community Transportation Disadvantaged Census Tract U.S.
DOT Equitable Transportation Community (ETC) Explorer (<a href="http://arcgis.com">arcgis.com</a>).
This tool can be found at <a href="https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/">https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/</a>. In addition to CEJST,
applicants can use the ETC tool to generate additional data on the
study area. 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

[[Page 45742]]

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#d6919b9996b2b9a2f8b1b9a0">[email&#160;protected]</a>.
The comprehensive or site-specific planning project budget must
show the different funding sources for each activity and present the
data in dollars and percentages. Funding sources should be grouped into
three categories: ``Non-Federal'' ``Pilot Program for Transit-Oriented
Development Planning,'' and ``Other Federal,'' with specific amounts
from each funding source provided. The budget should identify other
Federal funds the applicant is applying for or has been awarded, if
any.
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 project is
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.GOV)

Each applicant is required to: (1) register in SAM.GOV before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) maintain an active SAM.GOV 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.GOV 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.GOV 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
GRANTS.GOV by 11:59 p.m. Eastern Time July 22, 2024. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline are only 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 are not 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 then validates
the application and attempts 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 is marked as incomplete, and such
applicants do 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 are not 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.GOV is renewed annually and (2) persons making submissions on
behalf of the Authorized Organization Representative (AOR) must be
authorized in GRANTS.GOV by the AOR to make submissions.

5. Funding Restrictions

See Section C of this NOFO for detailed eligibility requirements.
FTA emphasizes that any comprehensive or site-specific planning
projects funded through the TOD Pilot Program must be associated with
an eligible transit project, specifically a new fixed guideway project
or a core capacity improvement project as defined in Federal transit
statute, 49 U.S.C. 5309(a). Projects are not required to be funded
through the Capital Investment Grants Program. Funds must be used only
for the specific comprehensive or site-specific planning purposes
requested in the application. Funds under this NOFO cannot be used to
reimburse applicants for otherwise eligible expenses incurred prior to
FTA's announcement of project selections and issuance of pre-award
authority. Refer to Section C.3 for information on projects and
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 5010.1.

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 for 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 select the project for a lesser amount of funding
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

[[Page 45743]]

Package, 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 transit capital project
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
Climate and Economic Justice Screening Tool (CEJST), provided by the
Council on Environmental Quality, at <a href="https://screeningtool.geoplatform.gov">https://screeningtool.geoplatform.gov</a> or 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 the comprehensive or site-specific planning
project is related to housing or land use reforms to increase density
and reduce climate impacts. The application should describe specific
and direct ways the transit capital 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 are 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 are
evaluated based on the quality and extent to which the following
evaluation criteria are addressed.
a. Project Factors
FTA evaluates whether the project funded under the TOD Pilot
Program addresses all six factors set forth in Section 20005(b)(2) of
MAP-21, as amended by section 30009 of the 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. Identifies infrastructure needs associated with the eligible
project; and
vi. Includes private sector participation.
b. Demonstrated Need
FTA evaluates 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 evaluates 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 and/or site;
iv. Extent of partnerships, including how community stakeholders
will be engaged and how the applicant will 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 or site-specific 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 or site-specific plan will
seek to reduce greenhouse gas emissions and the effects of climate
change;
ix. How the performance measures identified in the application
relate to the goals of the comprehensive or site-specific 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: Local Match Waiver for Complete
Streets: (<a href="https://www.transit.dot.gov/regulations-and-programs/dear-colleague-letters/dear-colleague-letter-local-match-waiver-complete">https://www.transit.dot.gov/regulations-and-programs/dear-colleague-letters/dear-colleague-letter-local-match-waiver-complete</a>).
Proposals that address three or more activities related to the
development of affordable housing (see section C.3.ii.v of this notice
for affordable housing incentive requirements) will receive a TOD
Planning Program funding share of 100 percent.
Applications demonstrating that matching funds for the proposed
comprehensive planning or site-specific planning work are already
committed receive higher ratings from FTA on this factor. Proposed
comprehensive or site-specific planning projects for which matching
funding sources have been identified, but are not yet committed,

[[Page 45744]]

are given lower ratings under this factor by FTA, as will proposed
comprehensive or site-specific 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 verifies each proposal's
eligibility and evaluates 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 prioritizes comprehensive or site- specific planning projects that:
i. Are expected to lead to significantly reduced greenhouse gas
emissions in the transportation sector, such as through requiring
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.
ii. 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 transit capital 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.
iii. Address the disproportionate negative environmental impacts of
transportation on disadvantaged communities, such as considering the
benefits and burdens the transit capital project may create, and what
communities would be most affected.
iv. 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.
v. Enable all people within the multimodal transportation networks
to reach their desired destination safely, equitably, reliably, and
affordably, and with a comparable level of efficiency and ease.
vi. Reconnect communities and mitigate neighborhood bifurcation
through land bridges, caps, lids, linear parks, investments in walking,
biking and rolling assets, and other solutions.
vii. Address the disproportional impacts of crashes on underserved
communities, including individuals with disabilities.
viii. Expand access to critical community services such as
education and healthcare through mass transit services.
ix. 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).
x. 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>). Additionally, projects that
encourage affordable housing, particularly in areas with high incidence
rates of homelessness.
xi. 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.
xii. Provide the plan to conduct meaningful public involvement that
includes underserved communities throughout the transit capital project
lifecycle and uses a meaningful public involvement process.
Additionally, consider the benefits and potential burdens a transit
capital 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 impact underserved/disadvantaged communities.
xiii. Benefit underserved/Historically Disadvantaged Communities,
including benefits that would accrue to underserved/Historically
Disadvantaged Communities outside of the specific transit capital
project area. Applicants must use CEJST, provided by the Council on
Environmental Quality, to identify the historically disadvantaged
communities within their study area. This tool can be found at <a href="https://screeningtool.geoplatform.gov">https://screeningtool.geoplatform.gov</a>. Applicants must provide an image from
the map tool outputs. Alternatively, consistent with OMB's Interim
Guidance, applicants can supply quantitative, demographic data of the
eligible transit project's ridership demonstrating the percentage that
meets the criteria for disadvantage described in Executive Order 14008.
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 should use 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. For this
NOFO, CEJST is the primary tool used to identify disadvantaged
communities (Justice40 communities). Applicants are also strongly
encouraged to use the USDOT Equitable Transportation Community (ETC)
Explorer to understand how their community or project area is
experiencing disadvantage related to lack of transportation investments
or opportunities. Through understanding how a community or transit
capital project area is experiencing transportation-related
disadvantage, applicants are able to address in the comprehensive or
site-specific plans 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. Applicants should provide
an image of the map tool outputs. Applicants may also supply additional
quantitative, demographic data of their transit capital project
ridership demonstrating the percentage of their ridership that meets
the criteria described in Executive Order 14008 for disadvantage.
Applicants must use CJEST to identify the historically disadvantaged
communities within their study area. This tool can be found at <a href="https://screeningtool.geoplatform.gov">https://screeningtool.geoplatform.gov</a>. 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

[[Page 45745]]

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 ETC mapping tool, please
contact <a href="/cdn-cgi/l/email-protection#99ded4d6d9fdf6edb7fef6ef">[email&#160;protected]</a>.
FTA will evaluate the proposals to determine the extent that the
proposed comprehensive or site-specific planning 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
applicants receiving funding, or the applicant's receipt of other
competitive awards. Taking into consideration the findings of the
technical evaluation committee, the FTA Administrator determines 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.GOV. 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 selected recipients regarding
pre-award authority at the time of selection. FTA does not provide pre-
award authority for competitive funds until projects are selected and,
even then, there are Federal requirements that must be met before costs
are incurred. Funds under this NOFO cannot be used to reimburse
applicants for otherwise eligible expenses incurred prior to FTA award
of a Grant Agreement until FTA has issued pre-award authority for
selected projects, or unless FTA has issued a ``Letter of No
Prejudice'' for the project before the expenses are incurred. For more
information about FTA's policy on pre-award authority, please see the
most recent Apportionment Notice at: <a href="https://www.transit.dot.gov/funding/apportionments/current-apportionments">https://www.transit.dot.gov/funding/apportionments/current-apportionments</a>.
ii. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). Recipients of TOD Pilot Program funds
are subject to the grant requirements of the Section 5303 Metropolitan
Planning program, including those of FTA Circular 8100.1C and Circular
5010.1E. All competitive grants, regardless of award amount, will be
subject to the Congressional Notification and release process.
Technical assistance regarding these requirements is available from
each FTA Regional Office.
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 comprehensive or site-specific
planning projects must be incorporated into the unified planning work
programs of metropolitan areas before they are eligible for FTA funding
or pre-award authority.
ii. Standard Assurances
The applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FTA
circulars, and other Federal administrative requirements in carrying
out any project supported by the FTA grant. The applicant acknowledges
that it is under a continuing obligation to comply with the terms and
conditions of the grant agreement issued for its project with FTA. The
applicant understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and may
affect the implementation of the project. The applicant agrees that the
most recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances before receiving a grant if it does not
have current certifications on file.
iii. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital, and/
or operating assistance awarding prime contracts exceeding $250,000 in
FTA funds in a Federal fiscal year comply with the DOT 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.
Recipients should be aware that the DBE program regulations were
recently revised, and a Final Rule was published in the Federal
Register on April 9, 2024 (89 FR 24898). More information is available
at <a href="https://www.transportation.gov/DBEFinalRule">https://www.transportation.gov/DBEFinalRule</a>. Some changes took
effect on May 9, 2024, and recipients should read the Federal Register
notice in detail. Beginning in FY 2025, FTA will move to a tiered
system, and essentially all FTA recipients of planning, capital, or
operating assistance that procure goods or services with FTA funds will
be subject to some DBE program requirements.
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 will work with
awarded grant recipients to ensure full

[[Page 45746]]

compliance with Federal civil rights requirements.
v. 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 and as a condition of award,
grant recipients must agree to: (1) make records available to the
evaluation contractor or DOT 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.
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 (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. 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 applicants 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 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.

4. Critical Infrastructure Security, Cybersecurity, and Resilience

It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against all hazards,
including physical and cyber risks, consistent with Presidential Policy
Directive 21--Critical Infrastructure Security and Resilience, and the
National Security Memorandum on Improving Cybersecurity for Critical
Infrastructure Control Systems. Each applicant selected for Federal
funding 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.
FTA implements this requirement as follows: Pursuant to 49 U.S.C.
5323(v), a recipient that operates a rail fixed guideway public
transportation system must certify that the recipient has established a
process to develop, maintain, and execute a written plan for
identifying and reducing cybersecurity risks. Recipients subject to
this requirement must:
1. Utilize the approach described by the voluntary standards and
best practices developed under section 2(c)(15) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as
applicable;
2. Identify hardware and software that the recipient determines
should undergo third-party testing and analysis to mitigate
cybersecurity risks, such as hardware or software for rail rolling
stock under proposed procurements; and
3. Utilize the approach described in any voluntary standards and
best practices for rail fixed guideway public transportation systems
developed under the authority of the Secretary of Homeland Security, as
applicable. For information about standards or practices that may apply
to a rail fixed guideway public transportation system, visit <a href="https://www.nist.gov/cyberframework">https://www.nist.gov/cyberframework</a> and <a href="https://www.cisa.gov/">https://www.cisa.gov/</a>.
TSA issued Security Directive 1582- 21-01B, ``Enhancing Public
Transportation and Passenger Railroad Cybersecurity'' on October 24,
2023. The Security Directive, which extends previous Security
Directives, applies to all public passenger rail owners and operators
identified in 49 CFR 1582.101, requires four critical actions:
1. Designate a cybersecurity coordinator who is required to be
available to TSA and the DHS's CISA at all times (all hours/all days)
to coordinate implementation of cybersecurity practices, and manage of
security incidents, and serve as a principal point of contact with TSA
and CISA for cybersecurity-related matters;
2. Report cybersecurity incidents to CISA;
3. Develop a Cybersecurity Incident Response Plan to reduce the
risk of operational disruption should their Information and/or
operational technology systems be affected by a cybersecurity incident;
and
4. Conduct a cybersecurity vulnerability assessment using the form
provided by TSA and submit the form to TSA. The vulnerability
assessment will include an assessment of current practices and
activities to address cyber risks to information and operational
technology systems, identify gaps in current cybersecurity measures,
and identify remediation measures and a plan for the owner/operator to
implement the remediation measures to address any vulnerabilities and
gaps.
Applicants subject to the Directive must certify compliance with
the directive to receive the grant award. In addition, TSA issued
Information Circular IC-2021-01, ``Enhancing Surface Transportation
Cybersecurity'',

[[Page 45747]]

dated December 31, 2021, which applies to each passenger railroad,
public transportation agency, or rail transit system owner/operator
identified in 49 CFR 1582.1. This circular provides the same four
recommendations for enhancing cybersecurity practices listed above.
While this document is guidance and does not impose any mandatory
requirements, TSA strongly recommends the adoption of the measures set
forth in the circular. Finally, on February 10, 2023, FTA published a
Cybersecurity Assessment Tool for Transit (CATT) (<a href="https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-transit-catt">https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-transit-catt</a>). This tool was developed with the goal to onboard public
transit organizations develop and strengthen their cybersecurity
program to identify risks and prioritize activities to mitigate these
risks.

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#f6b786849f9ad8bb95ba939798bb95b5998fb6929982d8919980">[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, they are
encouraged to contact FTA directly, rather than through intermediaries
or third parties. FTA staff may also conduct briefings on the FY 2024
competitive grants selection and award process upon request. Contact
information for FTA's regional offices can be found on FTA's website at
<a href="https://www.transit.dot.gov">https://www.transit.dot.gov</a>.
For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at
1-800-518-4726 or by email at <a href="/cdn-cgi/l/email-protection#14676164647b6660547366757a60673a737b62">[email&#160;protected]</a>.

H. Other Program Information

This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.''

Matthew J. Welbes,
Executive Director.
[FR Doc. 2024-11305 Filed 5-22-24; 8:45 am]
BILLING CODE 4910-57-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on May 23, 2024.

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.