FINAL NOFO FY20 TTP SAFETY FUND.pdf

AGENCY:

Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT).

ACTION:

Notice of funding opportunity (NOFO).

SUMMARY:

This notice announces a funding opportunity and requests grant applications for FHWA's Tribal Transportation Program Safety Funds (TTPSF) for Fiscal Year (FY) 2020 funding. The TTPSF is authorized within the Tribal Transportation Program (TTP) under section 202(e) of Title 23, United States Code.

This grant opportunity will result in the distribution of up to an estimated $9.2 million. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

In addition, this notice identifies selection criteria, application requirements, and technical assistance during the grant solicitation period for TTPSF. The FHWA will distribute these funds as described in this notice on a competitive basis in a manner consistent with the selection criteria.

DATES:

Applications must be submitted electronically no later than 11:59 p.m., Eastern Standard Time, on August 20, 2020 (the “application deadline”). Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made until after the application deadline. The FHWA plans to conduct outreach regarding TTPSF in the form of a webinar on May 20, 2020 at 1:30 p.m. Eastern Standard Time. To join the webinar, follow the directions found at https://highways.dot.gov/federal-lands/programs-tribal/safety/funds. The audio portion of the webinar can be accessed from this teleconference line: TOLL FREE 1-888-251-2909; ACCESS CODE 13645062. The webinar will be recorded and posted on FHWA's website at https://highways.dot.gov/federal-lands/programs-tribal/safety/funds. A Telephone Device for the Deaf (TDD) is available for individuals who are deaf or hard of hearing at 202-366-3993.

ADDRESSES:

Applications must be submitted electronically through the website:

https://highways.dot.gov/federal-lands/programs-tribal/safety/funds.

FOR FURTHER INFORMATION CONTACT:

For further information concerning this notice please contact:

Adam Larsen https://highways.dot.gov/federal-lands/programs-tribal/safety/funds https://highways.dot.gov/federal-lands/programs-tribal/safety/funds

TTPSF Program Manager Office of Tribal Transportation Office of Federal Lands Highway Federal Highway Administration 610 E 5th Street, Vancouver, WA 98661 Email: TTPSF@DOT.GOV Phone: 360-619-7751 Office hours are from 7:00 a.m. to 3:30 p.m. Pacific Time, Monday through Friday, except Federal holidays.

For legal questions, please contact:

Ms. Vivian Philbin Office of the Chief Counsel Federal Highway Administration 12300 West Dakota Avenue Lakewood, CO 80228 Email: vivian.philbin@dot.gov Phone: (720) 963-3445 Office hours are from 7:30 a.m. to 4:00 p.m. Mountain Time, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background On August 5, 2013, FHWA published the first notice of funding opportunity for TTPSF (78 FR 47480). On November 13, 2013, FHWA awarded 183 Tribes a total of $8.6 million for 193 safety projects. On May 14, 2014, FHWA published the second notice of funding availability for TTPSF (79 FR 27676). On March 10, 2015, FHWA awarded 82 Tribes a total of $8.5 million for 94 projects to improve transportation safety on Tribal lands. On June 26, 2015, FHWA published the third notice of funding availability for TTPSF (80 FR 36885). On December 9, 2015, FHWA awarded 36 Tribes a total of $449,500 for 36 projects to develop transportation safety plans. On April 26, 2016, FHWA awarded 35 Tribes a total of $8 million for 54 projects. On July 18, 2016, FHWA published the fourth notice of funding opportunity for TTPSF (81 FR 46758). On April 10, 2017, FHWA awarded 74 Tribes a total of $9 million for 77 projects. On September 21, 2017, FHWA published the fifth notice of funding opportunity for TTPSF (82 FR 44243). On July 5, 2018, FHWA awarded 82 Tribes a total of $17.5 million for 94 projects. On March 19, 2019, FHWA published the sixth notice of funding opportunity for TTPSF. On February 11, 2020, FHWA awarded 80 Tribes a total of $8.9 million for 91 projects. The FHWA is publishing this seventh notice to announce an additional round of funding and request grant applications for

FY 2020.

mailto:TTPSF@DOT.GOV mailto:vivian.philbin@dot.gov https://www.federalregister.gov/citation/78-FR-47480 https://www.federalregister.gov/citation/79-FR-27676 https://www.federalregister.gov/citation/80-FR-36885 https://www.federalregister.gov/citation/81-FR-46758

Table of Contents A. Program Description

B. Federal Award Information

C. Eligibility Information

1. Eligible Applicants

2. Cost Sharing or Matching

D. Application and Submission Information

1. Address to Request Application Package

2. Content and Form of Application Submission

3. Unique Entity Identifier and System for Award Management (SAM)

4. Submission Dates and Time

5. Intergovernmental Review

6. Funding Restrictions

E. Application Review Information

1. Criteria

2. Review and Selection Process

3. Additional Information

F. Federal Award Administration Information

1. Federal Award Notice

2. Administrative and National Policy Requirements

3. Reporting

G. Federal Awarding Agency Contact(s)

H. Other Information

1. Protection of Confidential Business Information

A. Program Description Since TTPSF was created under the Moving Ahead for Progress in the 21st Century Act (MAP- 21), FHWA has awarded approximately $61.1 million to federally recognized Indian Tribes for 648 projects, including to develop safety plans and to address safety issues in Indian country over multiple rounds of competitive grants. The TTPSF helps prevent and reduce deaths or serious injuries in transportation-related crashes on Tribal lands.

The TTPSF emphasizes the development of strategic Tribal Transportation Safety Plans using a data-driven process as a means for Tribes to determine how transportation safety needs will be addressed in Tribal communities. Tribal Transportation Safety Plans are a tool used to identify risk factors that lead to serious injury or death and organize various entities to strategically reduce risk. Projects submitted must be data-driven, must be consistent with a comprehensive safety strategy, and must correct or improve a hazardous road location or feature or address a highway safety problem (23 U.S.C. 202(e)).

Safety data is considered critical for informed transportation safety decisions, as such TTPSF also places an emphasis on assessment and improvement of traffic records systems (primarily crash data systems). Guidelines for conducting a traffic records assessment can be found in the Guide for Effective Tribal Crash Reporting, National Cooperative Highway Research Program Report 788, published by the Transportation Research Board at http://www.trb.org/Main/Blurbs/171540.aspx.

Successful TTPSF projects leverage resources, encourage partnership, and have the data to support the applicants' approach in addressing the prevention and reduction of death or serious injuries in transportation-related crashes. A listing of TTPSF projects/activities that Tribes were previously awarded, answers to frequently asked questions, and additional safety-related information can be found at https://highways.dot.gov/federal-lands/programs-tribal/safety/funds.

For purposes of awarding funds under this program in FY 2020, FHWA has identified three eligibility categories: safety plans; data assessment, improvement, and analysis activities; and infrastructure improvements and other eligible activities as listed in 23 U.S.C. 148(a)(4).

B. Federal Award Information Under section 202(e) of Title 23 United States code (U.S.C.), TTPSF is a set-aside of not more than 2 percent of the funds authorized under TTP for each fiscal year. This NOFO solicits proposals under TTPSF for FY 2020 funding. This grant opportunity will result in the distribution of an estimated $9.2 million. The actual amount available to be awarded under this NOFO is subject to funding availability. Section 202(e) of Title 23, U.S.C., provides that the Secretary of Transportation shall allocate funds based on an identification and analysis of highway safety issues and opportunities on Tribal lands, as determined by the Secretary of Transportation, on application of the Indian Tribal governments for eligible projects described in 23 U.S.C. 148(a)(4). Eligible projects described in section 148(a)(4) include strategies, activities, and projects on a public road that are consistent with a transportation safety plan and correct or improve a hazardous road location or feature, or address a highway safety problem.

http://www.trb.org/Main/Blurbs/171540.aspx

Under 23 U.S.C. 148(a)(4)(B), eligible projects are limited to the following:

(i) An intersection safety improvement.

(ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).

(iii) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities.

(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes.

(v) An improvement for pedestrian or bicyclist safety or safety of persons with disabilities.

(vi) Construction and improvement of a railway-highway grade crossing safety feature, including installation of protective devices.

(vii) The conduct of a model traffic enforcement activity at a railway-highway crossing.

(viii) Construction of a traffic calming feature.

(ix) Elimination of a roadside hazard.

(x) Installation, replacement, and other improvement of highway signage and pavement markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan (SHSP).

(xi) Installation of a priority control system for emergency vehicles at signalized intersections.

(xii) Installation of a traffic control or other warning device at a location with high crash potential.

(xiii) Transportation safety planning.

(xiv) Collection, analysis, and improvement of safety data.

(xv) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety.

(xvi) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators.

(xvii) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife.

(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.

(xix) Construction and operational improvements on high risk rural roads.

(xx) Geometric improvements to a road for safety purposes that improve safety.

(xxi) A road safety audit.

(xxii) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of FHWA entitled “Highway Design Handbook for Older Drivers and Pedestrians” (FHWA-RD-01-103), dated May 2001 or as subsequently revised and updated.

(xxiii) Truck parking facilities eligible for funding under section 1401 of the MAP-21.

(xxiv) Systemic safety improvements.

(xxv) Installation of vehicle-to-infrastructure communication equipment.

(xxvi) Pedestrian hybrid beacons.

(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.

(xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii).

For more information regarding eligible activities under the Highway Safety Improvement Program, please see FHWA guidance at https://safety.fhwa.dot.gov/legislationandpolicy/fast/guidance.cfm.

Upon award, successful applicants will receive TTPSF funds through their existing TTP contracting methodology with either FHWA or the Bureau of Indian Affairs (BIA). Upon completion of a TTPSF project, funds that are not expended are to be recovered and returned to FHWA to be made available for the following year's TTPSF grant cycle.

https://safety.fhwa.dot.gov/legislationandpolicy/fast/guidance.cfm

C. Eligibility Information To be selected for a TTPSF award, an applicant must be a federally recognized Indian Tribe and the project must be an eligible project.

1. Eligible Applicants Eligible applicants for TTPSF discretionary grants are federally recognized Tribes identified on the list of “Indian Entities Recognized and Eligible to Receive Services from the Bureau of Indian Affairs” (published at 84 FR 1200). Other entities may partner with a Tribal government to submit an application, but the eligible applicant must be a federally recognized Indian Tribe.

A Tribe may submit more than one application; however, only one project may be included in each application.

Recipients of prior TTPSF funds may submit applications during this current round according to the selection criteria. However, to be competitive, the applicant should demonstrate the extent to which the previously funded project or projects has met estimated project schedules and budget, as well as the ability to realize the outcomes for previous awards.

2. Cost Sharing or Matching There is no matching requirement for the TTPSF. However, if the total amount of funding requested for applications rated “highly qualified,” or independent components of such applications, exceeds the amount of available funding, FHWA may give priority consideration to those projects that show a commitment of other funding sources to complement a TTPSF funding request. Therefore, leveraging a TTPSF request with other funding sources is encouraged. Under previous notices, the “leveraging of TTPSF funds with other funding” has been used as a selection criterion rather than an element that is considered when prioritizing applications after rating. For this notice, the leveraging will only be considered after assigning the ratings and the total amount requested for “highly qualified” rated applications, or independent components of such applications, exceeds the amount of available funding.

Additional information about leveraging funds can be found in the TTPSF frequently asked questions at: https://highways.dot.gov/federal-lands/programs-tribal/safety/funds.

https://www.federalregister.gov/d/2019-00897/p-3

D. Application and Submission Information

1. Address to Request Application Package The application package can be downloaded from TTPSF website:

https://highways.dot.gov/federal-lands/programs-tribal/safety/funds. For a Telephone Device for the Deaf (TDD) please call 202-366-3993. The applications must be submitted electronically through the following website: https://highways.dot.gov/federal-lands/programs-tribal/safety/funds. Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made, until after the application deadline. If potential applicants are unable to download the application package from the internet, they may send a written request for a paper copy to Adam Larsen, Office of Tribal Transportation, Federal Highway Administration, 610 E 5th Street, Vancouver, WA 98661.

2. Content and Form of Application Submission The FHWA may request additional information, including additional data, to clarify an application, but FHWA encourages applicants to submit the most relevant and complete information they can provide. The FHWA also encourages applicants, to the extent practicable, to provide data and evidence of project merits in a form that is publicly available or verifiable.

The applicants must include the following information in their online application package:

I. APPLICATION FORM

Fill out an application form and submit it online. Both the application form and the online submittal process are found at https://highways.dot.gov/federal-lands/programs-tribal/safety/funds.

II. INVENTORY AND OWNER’S LETTER OF SUPPORT

The official inventory status for all official routes can be found from the National Tribal Transportation Facility Inventory (NTTFI). It is recommended that applicants include a copy of the applicable inventory data sheets from the NTTFI that identify the status and ownership of routes to be improved.

For projects located on a facility not owned by BIA or a Tribe, a letter of support for the project from the facility owner is required.

III. COST BREAKDOWN

An estimate of the costs in the project should be clearly identified in the project narrative or as an attachment to the project narrative.

IV. PROJECT NARRATIVE

Applicants must attach a project narrative to their online application submittal to successfully complete the application process.

Applicants must identify the eligibility category for which they are seeking funds in the project narrative. In addition, applicants should address each question or statement in their applications.

https://highways.dot.gov/federal-lands/programs-tribal/safety/funds https://highways.dot.gov/federal-lands/programs-tribal/safety/funds https://highways.dot.gov/federal-lands/programs-tribal/safety/funds

It is recommended that applicants use standard formatting (e.g., a single-spaced document, using a standard 12-point font, such as Times New Roman, with 1-inch margins) to prepare their application narratives. An application must include any information needed to verify that the project meets the statutory eligibility criteria in order for FHWA to evaluate the application against TTPSF rating criteria. For example, if the project is supported by a transportation safety plan, applicants should provide a copy of that plan with the application.

Applicants should demonstrate the responsiveness of their proposals to any pertinent selection criteria (See Section E) with the most relevant information that applicants can provide, substantiated by data, regardless of whether such information is specifically requested, or identified, in the final notice. Applicants should provide evidence of the feasibility of achieving certain project milestones, financial capacity, and commitment in order to support project readiness.

Consistent with the requirements for an eligible highway safety improvement project under 23 U.S.C. 148(a)(4), applicants must describe clearly how their project would correct or improve a hazardous road location or feature, or would address a highway safety problem. The application must include supporting data. Formal safety data is limited in many Tribal areas;

applicants should support their application with documentation summarizing the best available data that demonstrate a history or risk of transportation incidents that are expected to be reduced by the proposed activity. The optimal data is a summary of police crash reports.

However, where police crash reports are not available, news articles, written testimonies, a letter from local law enforcement describing safety performance, health data on injuries, and other documentation of incident history can be accepted. Average daily traffic volumes, pedestrian volumes, traffic citation statistics, public surveys, and sign inventories are examples of alternative safety data sources that could be used to supplement incident history.

If police crash reports are not available to support a project application, then FHWA strongly encourages federally recognized Tribes to conduct an assessment of traffic records (which is an eligible activity for TTPSF). Applicants that do not provide formal crash data are encouraged to attach documentation to their application showing that a traffic records assessment has been conducted or is planned. Guidelines for conducting a traffic records assessment can be found in the Guide for Effective Tribal Crash Reporting, National Cooperative Highway Research Program Report 788, published by the Transportation Research Board in 2015 at http://www.trb.org/Main/Blurbs/171540.aspx.

The data that should support an application varies by project type, as follows:

• For safety plans: There is no requirement to submit data with the application. However, development of safety plans should include and be based on an analysis of incident history.

• For traffic records assessments and improvements: Supporting data should be an estimate of the data to be collected (such as approximate number of crashes per year) and a description of any process currently used to collect that data.

http://www.trb.org/Main/Blurbs/171540.aspx

• For Road Safety Audits (RSA): Site specific data should be submitted that demonstrate an incident history or propensity on the specific roadway to be analyzed.

• For Systemic Safety Studies: Data should be provided that demonstrate an incident history across the road network that is associated with the risk factor to be studied.

• For Infrastructure Improvement and Other Eligible Activities: Good data are site specific data that describe the crash history and directly demonstrate the safety need.

When site specific incident data are not available, some data must still be provided that demonstrate the safety risk to be mitigated; this data could be an area-wide incident history (such as the results of a systemic safety study) supplemented by some supporting data from an alternative safety data source as described above.

The FHWA recommends that the project narrative generally adhere to the following basic outline, and include a table of contents, project abstract, maps, and graphics:

a. Project Abstract (maximum five sentences): Summarize project work that would be completed under the project, the hazardous road location or feature or the highway safety problem that the project would address, and whether the project is a complete project or part of a larger project with prior investment. The project abstract must succinctly describe how this specific request for TTPSF would be used to complete the project;

b. Applicant information and coordination with other entities: Identify the Indian Tribal government applying for TTPSF, a description of cooperation with other entities in selecting projects from the transportation improvement program (TIP) as required under 23 U.S.C.

202(e)(2), and information regarding any other entities involved in the project;

c. Project Description: Include information on the expected users of the project, a description of the hazardous road location or feature or the highway safety problem that the project would address, and how the project would address these challenges;

d. Grant Funds and Sources/Uses of Project Funds: Include information about the amount of grant funding requested for the project, availability and commitment of funds sources and uses of all project funds, total project costs, percentage of project costs that would be paid for with TTPSF, and the identity and percentage shares of all parties providing funds for the project (including Federal funds provided under other programs); and

e. Selection Criteria: Include a description of how the proposal meets the Selection Criteria identified in Section E, Subsection 1 Criteria.

Addressing the deteriorating conditions and disproportionately high fatality rates on our rural transportation infrastructure is of critical interest to the Department, as rural transportation networks face unique challenges in safety, infrastructure condition, and passenger and freight usage. Consistent with the R.O.U.T.E.S. Initiative, the Department encourages applicants to consider how the project will address the challenges faced by rural areas.

3. Unique Entity Identifier and System for Award Management (SAM) Each applicant must: (1) Be registered in SAM before submitting its application; (2) provide a valid unique entity identifier in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or https://api.fdsys.gov/link?collection=uscode&title=23&year=mostrecent&section=202&type=usc&link-type=html https://api.fdsys.gov/link?collection=uscode&title=23&year=mostrecent&section=202&type=usc&link-type=html an application or plan under consideration by a Federal awarding agency. The Department may not make an TTPSF grant to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time DOT is ready to make an TTPSF grant, DOT may determine that the applicant is not qualified to receive an TTPSF grant and use that determination as a basis for making an TTPSF grant to another applicant. Information on SAM can be found at https://www.sam.gov. It typically takes 7-10 business days for SAM registration process to be completed.

4. Submission Dates and Time

i. Deadline—Applications must be submitted electronically no later than 11:59 p.m., Eastern Standard Time on August 20, 2020 (the “application deadline”).

ii. Applicants are encouraged to submit applications in advance of the application deadline;

however, applications will not be evaluated, and awards will not be made, until after the application deadline.

iii. Upon submission of the applications electronically through the following website: https://highways.dot.gov/federal-lands/programs-tribal/safety/funds. The applicants will be sent an automatic reply by email confirming transmittal of the application to FHWA.

Please contact Adam Larsen at (360) 619-7751, should you not receive any confirmation from FHWA stating that your application was received.

iv. Late Applications—Applications received after the deadline will not be considered except in the case of unforeseen technical difficulties that are beyond the applicant's control. The FHWA will consider late applications on a case-by-case basis. Applicants are encouraged to submit additional information documenting the technical difficulties experienced, including a screen capture of any error messages received.

5. Intergovernmental Review The TTPSF is not subject to the Intergovernmental Review of Federal Programs.

6. Funding Restrictions There are no funding restrictions on any applications. However, FHWA anticipates high demand for this limited amount of funding and encourages applications with scalable requests that allow more Tribes to receive funding and for requests that identify a commitment of other funding sources to complement TTPSF funding request. Applicants should clearly demonstrate the independent components of each project that can be completed if only partial funding is provided. Applicants should demonstrate the capacity to successfully implement the proposed request in a timely manner, and ensure that cost estimates and timelines to complete deliverables are included in their applications.

https://www.sam.gov/

E. Application Review Information

1. Criteria The FHWA will award TTPSF funds based on the selection criteria and policy considerations as outlined below. However, to be competitive, the applicant should demonstrate the extent to which a previously funded project or projects has been able to meet estimated project schedules and budget, as well as the ability to realize the outcomes for previous awards.

Addressing the deteriorating conditions and disproportionately high fatality rates on our rural transportation infrastructure is of critical interest to the Department, as rural transportation networks face unique challenges in safety, infrastructure condition, and passenger and freight usage. Consistent with the R.O.U.T.E.S. Initiative, the Department encourages applicants to consider how the project will address the challenges faced by rural areas.

The FHWA intends to allocate TTPSF between three categories as follows:

(1) safety plans;

(2) data assessment, improvement, and analysis activities; and

(3) infrastructure improvement and other eligible activities as listed in 23 U.S.C.

148(a)(4).

The selection criteria are listed below along with rating definitions for each of the three funding categories.

I. SAFETY PLANS [1]

a. Criterion 1: Requests (up to a maximum of $12,500) for development of a new transportation safety plan; and requests (up to a maximum of $7,500) to update an existing transportation safety plan that is at least 3 years old.

i. Highly Qualified: Request meets the eligibility requirements and the Tribe’s existing transportation safety plan that was funded by TTPSF is at least three years old.

ii. Not Qualified: Projects that do not meet the eligibility requirements; any request to update a Tribe’s existing transportation safety plan that is less than 3 years old.

II. DATA ASSESSMENT, IMPROVEMENT, AND ANALYSIS ACTIVITIES

a. Criterion 1: Strategic Safety Planning

i. Highly Qualified: Requests that are in a current State SHSP or a Tribe’s transportation safety plan that is developed using the best available data and a comprehensive approach, coordinating with multiple safety stakeholders to address transportation safety needs, and is not more than 5 years old;

ii. Qualified: Requests that are in the most recent State SHSP or a Tribe’s transportation safety plan that is developed using the best available data and comprehensive approach (the supporting document is more than 5 years old);

iii. Not Qualified: The application did not provide documentation that would demonstrate that the requested Data Assessment, Improvement, and Analysis Activity is supported by a State SHSP or Tribe’s safety plan that uses the best available data and a comprehensive approach.

b. Criterion 2: Supporting Safety Data

i. Highly Qualified: Submission of data that clearly demonstrate the need for the activities;

ii. Qualified: Submission of some data that demonstrate the need for the activity;

iii. Not Qualified: No supporting data was provided to demonstrate the need for the activity.

III. INFRASTRUCTURE IMPROVEMENT AND OTHER ELIGIBLE ACTIVITIES AS

LISTED IN 23 U.S.C. 148(A)(4)

a. Criterion 1: Strategic Safety Planning

i. Highly Qualified: Project is identified in a current State SHSP or Tribe’s transportation safety plan that uses the best available data and a comprehensive approach, coordinating with multiple safety stakeholders to address transportation safety needs, and is less than 5 years old or road safety audit, or impact assessment, or other safety engineering study;

ii. Qualified: Project is identified in a current State SHSP or a Tribe’s transportation safety plan that is data-driven and uses a comprehensive approach (the supporting document is more than 5 years old);

iii. Not Qualified: The application did not provide documentation that demonstrates that the requested Data Assessment, Improvement, and Analysis Activity is supported by a State SHSP or Tribe’s safety plan that uses the best available data and a comprehensive approach.

b. Criterion 2: Supporting Safety Data

i. Highly Qualified: Submission of data describing the type, severity, and quantity of incidents that directly demonstrate the need for the project;

ii. Qualified: Submission of some data that demonstrate the need for the project;

iii. Not Qualified: No supporting data was provided to demonstrate the need for the activity.

c. Criterion 3: Facility Ownership

i. Highly Qualified: Project addresses safety needs on a facility owned by a Tribe or BIA that is an official and existing route in the NTTFI.

ii. Qualified: Project addresses safety needs on a facility owned by a State or local public agency that is an official and existing route in the NTTFI and the road owner has provided a letter acknowledging the project.

iii. Not Qualified: Project is located on a route that is not official or existing on the NTTFI or project is located on a route not owned by BIA or a Tribe and the road owner did not provide documentation acknowledging the project.

d. Criterion 4: Time Elapsed Since Previous TTPSF Construction Award

i. Highly Qualified: The Tribe has not received funding for a TTPSF transportation safety construction project in more than 5 years.

ii. Qualified: The Tribe has received funding for a TTPSF transportation safety construction project in the past 5 years.

iii. Not Qualified: N/A for this criterion.

2. Review and Selection Process The TTPSF grant applications will be evaluated in accordance with evaluation process discussed below. The FHWA will establish an evaluation team to review each application received by FHWA prior to the application deadline. The FHWA will lead the evaluation team, which will include members from BIA. The evaluation team will include technical and professional staff with relevant experience and expertise in Tribal transportation safety issues. The evaluation team will be responsible for evaluating and rating all eligible projects.

The evaluation team will review each application against the evaluation criteria in each of the categories and assign a rating of “Highly Qualified,” “Qualified,” or “Not Qualified,” to each application for FHWA Administrator's review. The FHWA Administrator will forward funding recommendations to the Office of the Secretary. The final funding decisions will be made by the Secretary of Transportation.

All applications will be evaluated and assigned a rating of “Highly Qualified,” “Qualified,” or “Not Qualified,” based on conformity to the selection criteria, as defined in Section E, Subsection 1.

After considering all other selection criteria, the Federal Highway Administrator will take into account the following key departmental objectives:

• Using innovative approaches to improve safety and expedite project delivery;

• Supporting economic vitality at the national and regional level;

• Utilizing alternative funding sources and innovative financing models to attract non-

Federal sources of infrastructure investment;

• Accounting for the life-cycle costs of the project to promote the state of good repair; and

• Beginning projects in a timely manner after award of program funding.

The FHWA will seek to fund all applications rated “Highly Qualified” before applications rated as “Qualified.” Applications rated “Not Qualified” will not be funded. If the total amount of funding requested for applications exceeds the amount of available funding, FHWA may select one or more independent components of a project. To be eligible, a component must meet eligibility criteria and must be a transportation safety project that has independent utility (i.e., is usable and a reasonable expenditure of Federal funds even if no other improvements are made in the area). In other words, FHWA may fund an independent component of a project, instead of the full project described in the application, only if that component provides transportation benefits and will be ready for its intended use upon completion of that component.

If the amount of funding requested for applications rated as “Highly Qualified”, or independent components of such applications, exceeds the amount available, priority consideration will be given to funding requests rated as “Highly Qualified” that include a commitment of other funding sources to complement TTPSF, those requests where the applicants demonstrate the capacity to successfully implement the proposed project in a timely manner, and applications that address the key departmental objectives.

If the amount of funding requested for applications rated as “Highly Qualified” and “Qualified,” or independent components of such applications, exceeds the amount available, priority consideration will first be given to applications rated as “Highly Qualified” and then priority consideration will be given to funding requests rated as “Qualified” that include a commitment of other funding sources to complement TTPSF, those requests where the applicants demonstrate the capacity to successfully implement the proposed project in a timely manner, and applications that address the key departmental objectives.

For applications requesting funding under the Data Assessment, Improvement, and Analysis Activities, and Infrastructure Improvement and Other Eligible Activities categories, a project application will be rated “Highly Qualified” if the application satisfies all of the “Highly Qualified” criteria for the specified funding category. An application that satisfies at least one “Highly Qualified” criterion for a specified funding category and “Qualified” for all other criteria for the category will be rated “Qualified.” An application that satisfies all of the “Qualified” criteria for a specified funding category will be rated “Qualified.” Applications that meet one or more of the “Not Qualified” criteria for the specified funding category or do not meet the TTPSF eligibility requirements will be rated “Not Qualified.”

For applications requesting funding for a Safety Plan, applications will be rated “Highly Qualified” if the request is for the development of a new transportation safety plan or to update an existing transportation safely plan that is at least 3 years old. Applications that do not meet one of these criteria will be rated “Not Qualified.”

Applicants should be aware that the National Environmental Policy Act review may have to include evaluation of all project components as connected, similar, or cumulative actions, as detailed at 40 CFR 1508.25.

3. Additional Information DOT must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently the Federal Awardee Performance and Integrity Information System (FAPIIS). An applicant may review information in FAPIIS and comment on any information about itself. DOT will consider comments by the applicant, in addition to the other information in FAPIIS, 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.

F. Federal Award Administration Information

1. Federal Award Notice The FHWA will announce the awarded projects by posting a list of selected projects at https://highways.dot.gov/federal-lands/programs-tribal/safety/funds. Following the announcement, successful applicants and unsuccessful applicants will be notified separately.

2. Administrative and National Policy Requirements All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found in 2 CFR part 200. Applicable Federal laws, rules, and regulations set forth in Title 23, U.S.C., and Title 23 of CFR apply.

The TTPSF will be administered according to 25 CFR Part 170 the same as all TTP funds:

FHWA Agreement Tribes will receive funds in accordance with their Program Agreement through a Referenced Funding Agreement); BIA Agreement Tribes will receive their funds through their BIA Regional Office; and Compact Tribes will receive their funds through the U.S.

Department of the Interior's Office of Self Governance.

3. Reporting Required reporting follows the requirements for regular TTP funds. This reporting will include completion of the Tribal Transportation Program Online Reporting Tool (PORT) on an annual basis in addition to any other reporting required by the administering program office. For additional information about the reporting requirements applicable to the applicant, please refer to the applicant’s TTP agreement or contact the agency through which the applicant receives TTP funds.

https://www.federalregister.gov/select-citation/2017/09/21/2-CFR-200

G. Federal Awarding Agency Contact(s) For further information concerning this notice please contact:

Adam Larsen TTPSF Program Manager Office of Tribal Transportation Office of Federal Lands Highway Federal Highway Administration 610 E 5th Street, Vancouver, WA 98661 Email: TTPSF@DOT.GOV Phone: 360-619-7751 Office hours are from 7:00 a.m. to 3:30 p.m. Pacific Time, Monday through Friday, For legal questions, please contact:

Ms. Vivian Philbin Office of the Chief Counsel Federal Highway Administration 12300 West Dakota Avenue Lakewood, CO 80228 Email: vivian.philbin@dot.gov Phone: (720) 963-3445 Office hours are from 7:30 a.m. to 4:00 p.m. Mountain Time, Monday through Friday, H. Other Information

1. Protection of Confidential Business Information All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the application includes information you consider to be a trade secret or confidential commercial or financial information, the applicant should do the following: (1) Note on the front cover that the submission “Contains Confidential Business Information (CBI),” (2) mark each affected page “CBI,” and (3) highlight or otherwise denote the CBI portions.

Authority: 23 U.S.C. 202.

CDFA: 20.205, Highway Planning and Construction.

Footnotes:

1. The development of a transportation safety plan is the cornerstone for all future Tribal safety activities. Because of the importance of developing, completing, or updating a mailto:TTPSF@DOT.GOV mailto:vivian.philbin@dot.gov transportation safety plan and for this one category only, applications will be deemed either

“highly qualified” or “not qualified.” All applications to develop a new transportation safety plan or update an existing transportation safety plan that is at least 3 years old are deemed to be highly qualified. Applications not directed to developing or updating a transportation safety plan or which address a plan not 3 years old or older are deemed “Not Qualified.”