693JJ3-NSFLTP-FY22.pdf

DEPARTMENT TOF RANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for the Department of Transportation’s Nationally

Significant Federal Lands and Tribal Projects Program for Fiscal Year 2022

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

(DOT)

ACTION: Notice of Funding Opportunity (NOFO), Number 693JJ3-NSFTLP-FY22

SUMMARY: The purpose of this notice is to solicit applications for the Nationally Significant

Federal Lands and Tribal Projects (NSFLTP). Funds for the Fiscal Year (FY) NSFLTP grant program are to be awarded on a competitive basis to projects of national significance for construction, reconstruction, or rehabilitation of transportation facilities within, adjacent to, or providing access to Federal or Tribal lands.

DATES: Applications must be submitted by 11:59 P.M. EST on October 24, 2022. Late applications will not be accepted.

ADDRESSES: Applications must be submitted through https://www.grants.gov.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Mann, Office of Program Development, FHWA, Office of Federal Lands Highway, 22001 Loudoun County Parkway, Building E1, Suite 150, Ashburn, VA 20147, Telephone: 703-404-6230 or email: Jeffrey.Mann@dot.gov.

Scott Johnson, Office of Program Development, FHWA, Office of Federal Lands Highway, 22001 Loudoun County Parkway, Building E1, Suite 150, Ashburn, VA 20147, Telephone: 703-404-6231 or email: Scott.Johnson@dot.gov.

In addition, FHWA will regularly post information about the NSFLTP Program on its Website at https://flh.fhwa.dot.gov/programs/nsfltp/.

SUPPLEMENTARY INFORMATION: Each section of this notice contains information and instructions relevant to the application process for NSFLTP Program grants. Applicants should read this notice in its entirety to submit eligible and competitive applications.

N/A SUMMARY INFORMATION

A PROGRAM DESCRIPTION

B FEDERAL AWARD INFORMATION

C ELIGIBILITY INFORMATION

D APPLICATION AND SUBMISSION INFORMATION

E APPLICATION REVIEW INFORMATION

F FEDERAL AWARD ADMINISTRATION INFORMATION

G FEDERAL AWARDING AGENCY CONTACTS

H OTHER INFORMATION

Section A (Program Description) describes FHWA’s goals and purpose in making awards, and

Section E (Application Review Information) describes how FHWA will select from eligible applications.

A. PROGRAM DESCRIPTION

1. Overview

The Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94, as extended by Pub. L. 116-159) established the NSFLTP Program. The Infrastructure

Investment and Jobs Act (Pub. L. 117-58, also known as the “Bipartisan Infrastructure

Law” (BIL)) provided $55 million per year from the Highway Trust Fund and authorized up to an additional $300 million per year from the General Fund, subject to appropriation, for each FY 2022 through 2026. The BIL also modified the NSFLTP

Program in several ways, such as:

Reducing minimum project sizes from $25 million to 12.5 million;

Requiring exactly half of the funding go to projects on Tribal transportation facilities;

Increasing the Federal share of projects on Tribal transportation facilities to

100 percent;

Allowing all Federal funds, including those made available under Titles 23 and 49 of the United States Code (U.S.C.), to serve as the non-Federal share of the project and

Requiring the funding of at least one eligible project submitted by the National

Park Service for a unit of the National Park System with 3,000,000 annual visitors or more.

The NSFLTP NOFO makes available $125.215 million in FY 2022. The FY 2022 funding will be implemented, as appropriate and consistent with law, in alignment with the priorities in Executive Order 14052, Implementation of the Infrastructure

Investment and Jobs Act (86 FR 64355).

The purpose of the NSFLTP grants is to provide Federal funding to projects of national significance for construction, reconstruction, or rehabilitation of transportation facilities within, adjacent to, or providing access to Federal or Tribal lands.

2. NSFLTP Grant Priorities

This section briefly discusses priorities specific to NSFLTP and those related to

FHWA’s overall mission that are reflected in the selection criteria and NOFO requirements. Please note that project applications for projects on Federal lands transportation facilities or Federal lands access facilities are required to address all statutory and discretionary criteria described below. However, in order to streamline the application process for projects on Tribal lands, application for Tribal transportation facilities do not need to address Discretionary criteria II, III, IV, and V.

The FHWA does not require and will not consider these discretionary criteria when reviewing applications for projects on Tribal transportation facilities.

FHWA seeks projects that:

Further the goals of DOT, which include safety and the state of good repair;

Improve the quality of life for a local community and/or the traveling public;

Improve physical or operational deficiencies of the facility;

Use new technologies and innovations; and

Support economic vitality at the national and regional level.

Prioritizing Safety in All Investments and Projects

The National Roadway Safety Strategy (NRSS), (issued January 27, 2022) commits the Department to respond to the current crisis in roadway fatalities by “taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,” in pursuit of the goal of achieving zero roadway deaths and serious injuries. The DOT recognizes that zero is the only acceptable number of deaths and serious injuries on our roads and achieving that is our long-term safety goal.

As part of the NRSS, the Department adopted the Safe System Approach as a guiding principle to advance roadway safety. The Safe System Approach addresses the safety of all road users. It involves a paradigm shift to improve safety culture, increase collaboration across all safety stakeholders, and refocus transportation system design and operation on anticipating human mistakes and lessening impact forces to reduce crash severity and save lives. For more information on the Safe System Approach, see the NRSS Website at https://www.transportation.gov/NRSS. The outcomes that are anticipated from the NSFLTP Program will support prioritizing safety.

Grant Priorities/Section Criteria for Applications for projects off of Tribal

Transportation Facilities

For applications for projects off of Tribal transportation facilities, FHWA will seek projects that:

Ensure equitable investment in the needs of underserved communities;

Align with FHWA’s mission and with priorities such as equity, climate and sustainability, and economic strength and global competitiveness; and

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 workforce programs.

Climate Change and Environmental Justice

The FHWA seeks to fund projects under the NSFLTP Program that reduce greenhouse gas (GHG) emissions and are designed with specific elements to address climate change impacts. Section E provides more information on the specific measures a project located on a Federal lands transportation facility or Federal lands access facility may undertake to support these goals.

The FHWA also seeks to award projects under the NSFLTP Program that address environmental justice (EJ), particularly for communities (including rural communities) that may disproportionately experience consequences from climate change and other pollutants. EJ, as defined by the U.S. Environmental Protection

Agency, is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

As part of FHWA’s implementation of Executive Order 14008, Tackling the

Climate Crisis at Home and Abroad (86 FR 7619), FHWA seeks to fund projects that, to the extent possible, target at least 40 percent of resources and benefits towards low-income communities, disadvantaged communities, communities underserved by affordable transportation, or overburdened communities. Section E provides more information on the specific measures a project located on a Federal lands transportation facility or Federal lands access facility may undertake to support these goals.

Equity and Barriers to Opportunity

The FHWA also seeks to award projects under the NSFLTP Program that proactively address equity and barriers to opportunity, including automobile dependence as a form of barrier, or redress prior inequities and barriers to opportunity. Section E describes equity considerations that an applicant for a project located on a Federal lands transportation facility or Federal lands access facility can undertake and FHWA will consider during the review of applications.

All projects must comply with Federal civil rights requirements. Section E provides more information on the specific measures a project located on a Federal lands transportation facility or Federal lands access facility may undertake to support these goals.

Job Quality, Workforce Development and Workforce Equity

In addition, FHWA intends to use the NSFLTP Program opportunity to 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 workforce programs, in particular registered apprenticeships and labor management partnerships in project planning stages and program delivery. Projects that incorporate such planning considerations are expected to support a strong economy and labor market. Section E describes job creation and labor considerations an applicant for a project located on a Federal lands transportation facility or Federal lands access facility can undertake and that

FHWA will consider during the review of applications.

B. FEDERAL AWARD INFORMATION

1. Amount Available – For FY 2022, per the BIL, the Secretary may award up to

$125.215 million in grants on a competitive basis to Federal and Tribal lands projects of national significance that meet the requirements of Section 1123 of the

FAST Act, as amended by the BIL. Of the amount made available to carry out this program, 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal Lands access transportation facilities (as those terms are defined in Section 101(a) of Title 23 U.S.C.); and 50 percent shall be used for eligible projects on Tribal transportation facilities (as that term is defined in Section 101(a) of Title 23 U.S.C.).

2. Award Size – The NSFLTP Program provides discretionary funding for projects that have an estimated construction cost of at least $12.5 million.

3. Availability of Funds – The funds provided for this program for FY 2022 are available for obligation until September 30, 2025.

C. ELIGIBILITY INFORMATION

1. Eligible Applicants

a. Per the FAST Act, Section 1123(b), entities eligible to receive funds under the Federal Lands Access Program (23 U.S.C. 204), the Federal Lands

Transportation Program (23 U.S.C. 203), the Tribal Transportation Program

(23 U.S.C. 202), and the Federal Lands Planning Program (23 U.S.C. 201) may apply for funding under the NSFLTP Program, except that a State, county, or unit of local government may apply for funding under the

NSFLTP Program only if sponsored by an eligible Federal land management agency (FLMA) or federally recognized Tribe.

b. FLMA and Tribes will provide a list of project applications they are sponsoring from their organization on behalf of State or local governments.

I. To promote effective communication and coordination, an FLMA or Tribe should identify one individual within their organization who will serve as Sponsorship Coordinator.

II. The Sponsorship Coordinator is responsible for providing the list of sponsored projects to the NSFLTP Program contacts listed on page

1 of this NOFO. The use of Grants.gov permits a wide range of eligible applicants to enter project applications. The Sponsorship

Coordinator role ensures applications have been coordinated through and approved by FLMA and/or Tribal leaders.

III. The list of sponsored projects should provide enough detail so that

FHWA can match the projects to those received via Grants.gov.

IV. A list of Sponsorship Coordinators can be obtained from the

NSFLTP Program contacts listed on page 1 of this NOFO, or at the following Website – https://flh.fhwa.dot.gov/programs/nsfltp/.

c. FLMAs and Tribes may sponsor applications on behalf of:

I. a State or group of States;

II. a metropolitan planning organization;

III. a unit of local government or group of local governments;

IV. a political subdivision of a State or local government;

V. a special purpose district or public authority with a transportation function, including a port authority;

VI. a group of FLMAs;

VII. a consortium of Tribal governments; or

VIII. a multi-State or multijurisdictional group of public entities.

d. Recipients of NSFLTP Program funding are responsible for meeting reporting requirements.

2. Cost Sharing and Matching

a. The Federal share of the cost of projects submitted for a Tribal transportation facility shall be up to 100 percent, meaning that no cost sharing or matching funds are required for Tribal transportation facility projects. For all other facilities, the Federal share shall be up to 90 percent.

b. The non-Federal share can be:

I. Any other Federal funds;

II. Any private or public source;

III. Donations of funds, materials, services, right-of-way acquisition, or utility relocation; or

IV. Tapered match, which is a form of Federal-aid matching flexibility that allows a project's Federal share to vary over the life of the project as long as the final contribution of Federal funds does not exceed the project's maximum authorized share. Applicants should indicate that a tapered match will be sought within the project narrative when describing how the non-Federal share will be funded.

c. The application and project agreement must document the match requirement and any related commitments.

d. Toll credits under 23 U.S.C. 120(i) cannot be used to satisfy the statutory cost sharing requirement of a NSFLTP award.

3. Grant Eligibility Requirements - To meet the minimum statutory requirements for eligibility, a project must meet all the following conditions:

a. The project is a single continuous project;

b. The project meets at least one of the following definitions of transportation facilities from 23 U.S.C. § 101, except that such facilities are not required to be included in an inventory described in 23 U.S.C. § 202 or 23 U.S.C. §

203:

I. “Federal lands transportation facility,” which means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government;

II. “Federal lands access transportation facility,” which means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, Tribal, municipal, or local government; or

III. “Tribal transportation facility,” which means a public highway, road, bridge, trail, or transit system that is located on or provides access to Tribal land;

c. The project demonstrates completion of all activities required under the

National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) through:

I. A record of decision, if the NEPA class of action is an environmental impact statement;

II. A finding of no significant impact, if the NEPA class of action is an environmental assessment; or

III. A determination that the project is a categorical exclusion (CE) under the lead Federal agency’s NEPA procedures;

d. The project must have estimated construction costs, based on the results of preliminary engineering, equal to or greater than $12,500,000; and

e. The project will use NSFLTP Program funds only for construction, reconstruction, or rehabilitation of transportation facilities. Project design activities are not eligible for NSFLTP Program funds.

4. The project may be in either an urban or rural area. For purposes of this notice, FHWA will consider a project to be in a rural area if the entirety of the project is located outside of an urbanized area, as defined under 23 U.S.C. 101(a)(36). Rural and urban definitions differ in some other DOT programs, including the

Transportation Infrastructure Finance and Innovation Act and the Nationally

Significant Freight and Highway Projects Program.

D. APPLICATION and SUBMISSION INFORMATION

1. Address to Request Application – Applications must be accessed at and submitted to Grants.gov.

2. Content and Form of Application Submission – Applicants must include in the application package the following:

a. Standard Form 424 (Application for Federal Assistance);

b. Standard Form 424C (Budget Information for Construction Programs);

c. Standard Form 424D (Assurances for Construction Programs);

d. A cover page, including the following chart:

Project Name Total Project Cost $ NSFLTP Program Grant Request Amount

Federal (DOT) Funding including Program Funds Requested

Total non‐Federal Funding $ Is the project within, adjacent to, or accessing Federal and/or Tribal land

Yes/No

e. Completed NEPA document;

f. A project narrative – The application must include information required for

FHWA to determine that the project satisfies the eligibility requirements described in Section C above. The FHWA recommends the project narrative adhere to the following basic guidelines to clearly address the program requirements and make critical information readily apparent.

While applicants are not required to follow the specific format described here, this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, FHWA encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application.

I. Project Description – Describe what activities the requested

NSFLTP Program funds and matching funds will support, how the project is nationally significant based on authorized criteria and the

Secretary’s and FHWA’s objectives, information on the expected users of the project, a description of the transportation challenges the project aims to address, and how the project will address these challenges.

II. Project Location – Provide a detailed description of the location of proposed project and geospatial data, if available, for the project, as well as a map of the project’s location and its connections to existing transportation infrastructure.

III. Project Parties – Provide information about who is involved and their respective roles in supporting the project.

IV. Grant Funds, Sources, and Uses of Project Funds –

i. Funding – Document the funding that will be used to construct this project, including past or pending Federal funding requests for this project. Include the size, nature, and source(s) of the required match for those funds, if applicable. For projects on non-Tribal transportation facilities, demonstrate that the requested NSFLTP Program funds do not exceed 90 percent of project costs. For Tribal transportation facilities, the entire project may be funded with NSFLTP funds with no match or cost sharing required.

ii. Budget – Provide a detailed project budget containing a breakdown of how the funds will be spent. The budget should estimate – by dollar amount and percentage of cost – the cost of construction work for each project component.

iii. Criteria

Statutory Criteria – The project narrative should include sufficient information for FHWA to evaluate how well the project aligns with the statutory criteria described in Section E.1.a. below.

Discretionary Criteria – The project narrative should include sufficient information for FHWA to evaluate how well the project aligns with Discretionary

Criteria described in Section E.1.b. As noted previously, applications for projects on Tribal transportation facilities are exempt from addressing

Discretionary Criteria II, III, IV, and V. The FHWA will not require nor consider those criteria in evaluating proposed projects on Tribal transportation facilities.

V. Indicate if this project is urban or rural, per the definition of these terms provided in Section C.

VI. To the extent practicable, provide data and evidence of project merits in a form that is verifiable or publicly available. The FHWA may ask any applicant to supplement data in its application but expects applications to be complete upon submission.

VII. Project Readiness – This section of the application should include information that, when considered with the project budget information presented elsewhere in the application, is sufficient for

FHWA to evaluate whether the project is reasonably expected to begin construction in a timely manner. To assist FHWA’s project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections. This section lists information the applicant should provide and how the applicant should organize their application. Guidance describing how FHWA will evaluate a project’s readiness is described in Section E.1 of this notice.

Applicants also should review that section before considering how to organize their application.

i. Technical Feasibility. The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the NSFLTP application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk-mitigation measures. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed.

ii. Project Schedule. The applicant should include a detailed project schedule that identifies all major project milestones.

Examples of such milestones include State and local planning approvals (programming on the Statewide

Transportation Improvement Program), design completion;

right-of-way acquisition; approval of plans, specifications and estimates; procurement; project partnership and implementation agreements including agreements with railroads; and construction. The project schedule should be sufficiently detailed to demonstrate that:

All necessary activities will be complete to allow

NSFLTP funds to be obligated sufficiently in advance of the statutory deadline (September 30, 2025, for FY 2022 funds), and that any unexpected delays will not put the funds at risk of expiring before they are obligated;

The project can begin construction quickly upon obligation of NSFLTP funds, and that the grant funds will be spent expeditiously once construction starts; and

All real property and right-of-way acquisition will be completed in a timely manner in accordance with

Title 49, Code of Federal Regulations (CFR), part

24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary.

iii. Required Approvals.

Environmental Permits and Reviews. The NEPA review must be complete at the time of application submittal. The application should demonstrate receipt (or reasonably anticipated receipt) of all environmental approvals and permits, other than

NEPA, necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline, including satisfaction of all

Federal, State, and local requirements. Specifically, the application should include:

Information about the NEPA documentation of the project. An applicant should indicate the date of completion of the NEPA process and provide a

Website link or other reference to the final CE, Finding of No Significant Impact, Record of

Decision, and any other NEPA documents prepared.

If the last agency action with respect to NEPA documents occurred more than 3 years before the application date, the applicant should describe why the project has been delayed and include a proposed approach for verifying and, if necessary, updating this material in accordance with applicable NEPA requirements.

Information on reviews, approvals, and permits by other agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies,1 indicate the status of such actions, and provide detailed information about the status of those reviews or approvals and should demonstrate compliance with any other applicable Federal, State, or local requirements, and when such approvals are expected. Applicants should provide a Website link or other reference to copies of any reviews, approvals, and permits prepared.

Environmental studies or other documents— preferably through a Website link—that describe in detail known project impacts, and possible mitigation for those impacts.

A description of discussions with the appropriate

FHWA field or Headquarters office regarding the project’s compliance with NEPA and other applicable Federal environmental reviews and approvals.

A description of public engagement about the project that has occurred. Successful public

1 Projects that may impact protected resources such as wetlands, species habitat, cultural or historic resources require review and approval by Federal and State agencies with jurisdiction over those resources.

engagement shows involvement with the general public, governmental entities - including cities, local governments, regional and metropolitan planning organizations - federally recognized Tribes, labor organizations, private sector/industry representatives, representatives of the transportation and freight logistics industries, State public transportation agencies, and especially, rural, underserved and disadvantaged communities.

Applications should include details on the degree to which public comments and commitments have been integrated into project development and design, as well as information about how engagement opportunities have been made accessible for persons with disabilities and persons with limited English proficiency.

State and local approvals. The applicant should demonstrate receipt of State and local approvals on which the project depends, such as State and local environmental and planning approvals and State

Transportation Improvement Program (STIP) or

Transportation Improvement Program (TIP) funding. Additional support from relevant State and local officials is not required; however, an applicant should demonstrate that the project has broad public support.

VIII. Assessment of Project Risks and Mitigation Strategies. Project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local match, or lack of legislative approval, affect the likelihood of successful project start and completion. The applicant should identify all material risks to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake to mitigate those risks. The applicant should assess the greatest risks to the project and identify how the project parties will mitigate those risks.

3. Unique entity identifier and System for Award Management (SAM) –

a. Each applicant must:

I. be registered in SAM before submitting its application;

II. provide a valid unique entity identifier in its application; and

III. continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The FHWA may not award a 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 FHWA is ready to make a grant, FHWA may determine that the applicant is not qualified to receive a grant and use that determination as a basis for making a grant to another applicant.

4. Submission Dates and Times –

a. Deadline – Applications must be submitted by 11:59 P.M. EST on October

24, 2022. Information regarding awards and available funding will be posted to the Website cited on page 1 of this NOFO.

b. To submit an application through Grants.gov, applicants must:

I. Register with SAM at www.SAM.gov and obtain a Unique Entity

Identifier;

II. Create a Grants.gov username and password; and

III. Respond to the registration email sent to the applicants E-Business point of contact (POC) from Grants.gov and login at Grants.gov to authorize the applicant as the Authorized Organization

Representative (AOR).

c. Please note there can be more than one AOR for an organization.

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.

d. Please note the Grants.gov registration process usually takes 2-4 weeks to complete and FHWA will not consider late applications that are the result of failure to register or comply with Grants.gov applicant requirements in a timely manner. For information and instruction on each of these processes, please see instructions at http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If applicants experience difficulties at any point during the registration or application process, please call the Grants.gov Customer Service Support

Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to 9:00 p.m.

EST.

e. Consideration of Applications – Only applicants who comply with all submission deadlines described in this notice and electronically submit valid, sponsor-approved applications through Grants.gov will be eligible for award. Applicants are strongly encouraged to make submissions in advance of deadlines.

f. Late Applications – Applications received after the deadline will not be considered.

5. Intergovernmental Review – The NSFLTP Program is not subject to the

Intergovernmental Review of Federal programs.

6. Funding Restrictions – Developmental phase activities including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering, design, and other preconstruction activities are not eligible for funding under the NSFLTP Program.

7. Other Submission Requirements:

a. Include a table of contents, maps, and graphics, as appropriate, to make the information easier to review.

b. The FHWA recommends that the project narrative not exceed 10 pages, excluding supporting documentation, and be prepared with as a single-spaced document, using a standard 12-point font such as Times New

Roman, with 1-inch margins.

c. Provide Website links to supporting documentation rather than copies of these supporting materials. If supporting documents are submitted, clearly identify the relevant portion of the project narrative that each document supports.

d. The FHWA recommends using appropriately descriptive names (e.g., “Project Narrative,” “Maps,” “Memoranda of Understanding and Letters of

Support,” etc.) for all attachments.

e. The complete application must be submitted via www.grants.gov. In the event of system problems or the applicant experiences technical difficulties, contact grants.gov technical support via telephone at 1-800-518-4726 or email at support@grants.gov.

E. APPLICATION REVIEW INFORMATION

The FHWA will award the NSFLTP Program funds based on the selection criteria and policy considerations outlined below.

1. Criteria

a. Statutory Criteria – In accordance with the FAST Act, Section 1123, when selecting projects for funding under the NSFLTP Program, FHWA will consider the extent to which the project:

I. Furthers the goals of DOT, including safety, state of good repair, economic competitiveness, and quality of life, by considering:

i. The project’s safety improvements compared to a baseline in which the project is not done;

ii. Technical data provided about existing facilities in poor repair or, where the project is new construction, the extent to which the existing conditions demonstrate a need for new transportation facilities;

iii. The project’s economic benefits – such as travel time savings, vehicle operating cost savings, and emissions reductions – compared to a baseline in which the project is not done;

iv. How the project is expected to improve the quality of life for a local community and/or the traveling public, providing data and analysis where relevant and feasible, such as estimates of trips and/or vehicle miles traveled.

II. Improves the condition of critical transportation facilities, including multimodal facilities. The FHWA will evaluate this criterion by considering the extent to which the project improves the condition of a transportation facility, whether the facility is multimodal, and the critical nature of the facility. Examples may include but are not limited to: a bridge in poor condition that may be subject to closure in the absence of funds; or a primary transportation facility that provides access to critical community services, high use recreation destination areas, or other economic generators within Tribal and/or

Federal lands.

III. Needs construction, reconstruction, or rehabilitation. The FHWA will consider data provided by the applicant documenting any physical or operational deficiencies of the existing facility that would warrant construction, reconstruction, or rehabilitation, and how the proposed project will address those deficiencies.

IV. Has costs matched by funds that are not provided under the

NSFLTP Program, giving preference to:

i. Projects with over 50 percent in non-NSFLTP Program funding, with additional preference given to projects that exceed even this threshold; followed by

ii. Projects with between 30 percent and 50 percent in non-

NSFLTP Program funding; followed by

iii. Projects with between 10 percent and 29 percent in non-

NSFLTP Program funding; followed by

iv. Projects with 10 percent or less in non-NSFLTP Program funding.

V. Is included in or eligible for inclusion in the National Register of

Historic Places. A project that meets this criterion will be more competitive than a project that does not.

VI. Uses new technologies and innovations that enhance the efficiency of the project. The FHWA will assess the extent to which the applicant uses innovative strategies promoted by FHWA’s Every

Day Counts initiative. For more information on the Every Day

Counts initiative, see https://highways.dot.gov/federal-lands/programs-tribal/partners-resources/every-day-counts.

VII. Is supported by funds, other than funds received under the NSFLTP

Program, to construct, maintain, and operate the facility. The

FHWA will consider what other funds exist, besides those available for match, to aid in maintenance and operation of the facility, as well as the reasonable expectation that those funds will remain available.

Historical trends, current policy, or future feasibility analyses can be used as evidence to substantiate or support the claims in the application.

VIII. Spans two or more States. A project that meets this criterion will be more competitive than a project that does not.

IX. Serves land owned by multiple Federal agencies or Tribes. A project that meets this criterion will be more competitive than a project that does not.

b. Discretionary Criteria – After applying the above preferences, FHWA will take into account the following key objectives. As noted previously, FHWA will not require nor consider the below Discretionary Criteria II, III, IV, and V when reviewing applications for projects on Tribal transportation facilities. The FHWA will still consider the below Discretionary Criteria I when reviewing applications for projects on Tribal transportation facilities.

I. The project’s demonstrated project readiness. During application evaluation, FHWA will consider project readiness to assess the likelihood of a successful project. In that analysis, FHWA will consider three evaluation ratings: Environmental Risk, Technical

Capacity, and Financial Capacity. Environmental Risk assessment analyzes the project’s environmental approvals and likelihood of the necessary approval affecting project obligation. The Technical

Capacity will be reviewed for all eligible applications and will assess the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements based on factors including the recipient’s experience working with Federal agencies, previous experience with DOT discretionary grant awards, and the technical experience and resources dedicated to the project. The

Financial Capacity assessment reviews the availability of matching funds and whether the applicant presented a complete funding package. Risks do not disqualify projects from award, but competitive applications clearly and directly describe achievable risk mitigation strategies. A project with mitigated risks or with a risk mitigation plan is more competitive than a comparable project with unaddressed risks.

II. Whether the project is located in an underserved community, as defined in Executive Order 13985, Advancing Racial Equity and

Support for Underserved Communities Through the Federal

Government, Sections 2(a) and (b). The FHWA will NOT require nor consider this criterion when reviewing applications for projects on Tribal transportation facilities.

III. For projects located on a Federal lands transportation facility or

Federal lands access facility, the extent to which the project reduces greenhouse gas emissions and improves environmental justice. The FHWA will NOT require nor consider this criterion when reviewing applications for projects on Tribal transportation facilities. The FHWA encourages applicants for projects located on a Federal lands transportation facility or Federal lands access facility to consider reducing greenhouse gas emissions and improving EJ in project planning efforts and to incorporate project elements dedicated to reducing greenhouse gas emissions and improving EJ.

i. For projects located on a Federal lands transportation facility or Federal lands access facility, the project will be assigned a Climate Change and Environmental Justice rating based on how it addresses these areas.

Applications that focus on reducing greenhouse gas emissions and improving EJ in both planning activities and specific project elements will receive a high rating.

Applications that focus on reducing greenhouse gas emissions or improving EJ in planning activities or project elements, but not both, will receive a medium rating.

Applications that address this criterion in neither planning activities nor project elements will receive a low rating.

ii. Applicants choosing to address the planning portion of this criterion should describe in detail, provide supporting documentation, or otherwise demonstrate how they meet at least one of the options below:

A Local/Regional/State Climate Action Plan which results in lower GHG emissions has been prepared and the project directly supports that

Climate Action Plan;

A Local/Regional/State Equitable Development

Plan has been prepared and the project directly supports that Equitable Development Plan;

The project sponsor has used EJ tools such as the

EJSCREEN to minimize impacts to EJ communities (https://ejscreen.epa.gov/mapper/); or

A Local/Regional/State Energy Baseline Study has been prepared and the project directly supports that study.

iii. Applicants choosing to address the project components portion of this criterion should describe how they meet at least one of the options below:

The project application demonstrates that the project will result in significant GHG emissions reductions relative to a no-action baseline and to other reasonable alternatives;

The regional TIP or STIP primarily focuses on funding for state of good repair, and clean transportation options, including public transportation, walking, biking, micro-mobility;

The project sponsor demonstrates that they have considered improving EJ in a meaningful way by demonstrating consideration of EJ in alternatives analysis and final project design;

The project supports a modal shift in freight or passenger movement to reduce GHG emissions or reduce induced travel demand;

The project utilizes demand management strategies to reduce congestion, induced travel demand, and GHG emissions;

The project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both;

The project funds the purchase of zero-emission vehicles or low-emission vehicles;

The project supports the installation of electric vehicle charging stations;

The project promotes energy efficiency;

The project serves the renewable energy supply chain;

The project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in GHG, improved stormwater management, or improved habitat connectivity;

The project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm (e.g., brownfield redevelopment);

The project supports or incorporates the construction of energy- and location-efficient buildings;

The project proposes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both;

IV. For projects located on a Federal lands transportation facility or

Federal lands access facility, the extent to which the project will advance the Racial Equity and Barriers to Opportunity Program objective. The FHWA will NOT require nor consider this criterion for projects located on Tribal transportation facilities.

i. The FHWA is committed to delivering the benefits of

Federal investments in climate and sustainable transportation to disadvantaged communities. To further this goal, FHWA encourages applicants for projects located on a Federal lands transportation facility or

Federal lands access facility to describe credible planning and actions to address potential inequities and barriers to equal opportunity in the project as reflected in Executive

Order 13985, Advancing Racial Equity and Support for

Underserved Communities Through the Federal

Government, and Section A.2of this NOFO.

ii. For projects located on a Federal lands transportation facility or Federal lands access facility, the application will be assigned a Racial Equity and Barriers to

Opportunity rating based on how it addresses racial equity and barriers to equal opportunity in (1) planning and policies and (2) project investments.

Applications that address both planning and policies and project investments will receive a high rating.

Applications that address either planning and policies or project investment, but not both, will receive a medium rating.

Applications that do not address racial equity and barriers to opportunity in either their sponsors’ planning and policies or project investment will receive a low rating.

iii. Applicants intending to address the planning and policies component portion of the racial equity and barriers to opportunity criterion will have addressed this area if the

NSFLTP application incorporates any of the following, although these are not the only bases that FHWA may use to determine an application addresses this area:

An equity impact analysis has been completed for the project;

The project sponsor has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies designed to ensure equity in the overall project delivery and implementation;

The project sponsor has conducted meaningful public engagement on an adopted equity program/plan or project, with an explanation of how the engagement was processed and incorporated into transportation planning, ensuring that underserved communities are provided a full and equitable opportunity to be involved in the planning processes and that all public engagement opportunities are accessible for persons with disabilities and persons with limited English proficiency.

iv. Applicants intending to address the project investments component portion of the racial equity and barriers to opportunity criterion will need to explain how the project either proactively address racial equity and barriers to opportunity or redress prior inequities and barriers to opportunity, and whether those investments are documented by previously incurred and/or future costs of the project. Examples of Racial Equity and Barriers to

Opportunity Project Investment include, but are not limited to:

Project investments that improve or newly connect underserved communities to proactively address barriers to opportunity or redress past inequities and barriers to opportunity. For example:

Physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that are directly related to the project and either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities;

New or improved infrastructure for walking, biking, and rolling access for the disabled to reverse the disproportional impacts of crashes on people of color, and mitigate neighborhood bifurcation; and

New or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities.

Project investments that directly partner with underserved communities to proactively address barriers to opportunity or redress past inequities and barriers to opportunity. For example:

Project sponsor partnerships with land banks or land trusts for equitable and fair transfer of excess right-of-way, and other properties directly related to the project;

Project sponsor partnerships with, or investments in, multimodal mobility providers to proactively address potential racial equity and barriers to opportunity or redress past inequities and barriers to opportunity directly related to the project;

Definitions for “racial equity” and “underserved communities” are found in Executive Order

13985, Advancing Racial Equity and Support for

Underserved Communities Through the Federal

Government, Sections 2(a) and (b).

V. For projects located on a Federal lands transportation facility or

Federal lands access facility, the extent to which the project will advance the Job Quality, Workforce Development, and

Workforce Equity objective. For these projects, FHWA intends to use the NSFLTP Program opportunity to 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 workforce programs, in particular registered apprenticeships and labor management partnerships in project planning stages and program delivery. The FHWA will NOT require nor consider this criterion when reviewing applications for projects located on

Tribal transportation facilities.

i. For projects located on a Federal lands transportation facility or Federal lands access facility, the application will be assigned a Job Quality, Workforce Development, and

Workforce Equity rating based on how many of the following elements the application addresses.

Applications that address five or more elements will receive a high rating.

Applications that address one to four elements will receive a medium rating.

Applications do not address any elements will receive a low rating.

ii. For the Job Quality, Workforce Development, and

Workforce Equity objective, the elements FHWA will consider for projects located on a Federal lands transportation facility or Federal lands access facility are that:

1. The project application includes project labor agreements (i.e., pre-hire collective bargaining agreements between unions and contractors that govern terms and conditions of employment for all workers on a construction project);

2. The project application includes a description of how the project will expand strong labor standards, including not only compliance with prevailing wage requirements but also non-construction labor provisions that are relevant to the project such as transit, railroad, and Buy

America protections;

3. The project application attests that notice of workers’ rights under the National Labor

Relations Act, prevailing wage laws, and

Executive Order 11246, Equal Employment

Opportunity, and information on whistleblower protection laws including the right to report safety violations free from intimidation and harassment;

4. The project application demonstrates a commitment to create registered apprenticeship positions and use apprentices on the funded project, sometimes called an apprenticeship utilization requirement (e.g., requiring that 15 percent of all labor hours will be performed by registered apprentices);

5. The project application includes high-quality workforce development programs to help train, place, and retain people in good-paying jobs.

This could include project goals or requirements for participation in pre-apprenticeship, registered apprenticeship, or other State-approved training programs, if applicants can explain how their program leads workers from underrepresented populations to fill journey worker positions. Workforce development programs could be invested in by the project sponsor or created in partnership with workforce entities like workforce boards or community colleges;

6. The project applicant provides supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training,…