693JJ3244NF00012.pdf

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for Fiscal Year 2023 Active Transportation Infrastructure Investment Program

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

(FHWA).

ACTION: Notice of Funding Opportunity

SUMMARY:

The purpose of this Notice of Funding Opportunity (NOFO) is to solicit applications for Fiscal Year (FY) 2023 Active Transportation Infrastructure Investment Program (ATIIP) grants and will result in the distribution of up to $44,550,000. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

Funds made available for FY 2023 for ATIIP are to be awarded on a competitive basis to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine. See Section 11529(a) of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (Pub.

L. 117-58). This NOFO describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available technical assistance during the grant solicitation period.

DATES:

Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Standard Time, on Monday, June 17, 2024 (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.

FHWA plans to conduct outreach regarding ATIIP in the form of a virtual meeting on Tuesday, April 9, 2024, at 11:00 a.m. Eastern Standard Time. To join the Webinar, and to get teleconference line information for the audio portion of the Webinar, follow the instructions posted on https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/. The Webinar will be recorded and posted on FHWA’s Website at https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/. A Telephone Device for the Deaf (TDD) is available for individuals who are deaf or hard of hearing at (202) 366-3993.

There will be an additional virtual meeting for Tribal nations on Wednesday, April 10, 2024, at 9:00 a.m. Eastern Standard Time. To join the Webinar, and to get teleconference line information for the audio portion of the Webinar, follow the instructions posted on https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/. The Webinar will be recorded and posted on FHWA’s Website at https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/ https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/ https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/ https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/. 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 grants.gov. Refer to Catalog of Federal Domestic Assistance Number: 20.205.

FOR FURTHER INFORMATION CONTACT:

Kenan Hall Agreement Specialist Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE.

Washington, DC 20590 Email: ATIIP@dot.gov (preferred) Phone: 202-366-1533

Alternate:

Hector Santamaria Agreement Officer/Team Leader Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE.

Washington, DC 20590 Email: ATIIP@dot.gov (preferred) Phone: 202-493-2402

Office hours are from 7:30 a.m. to 4:00 p.m., Eastern Standard Time, Monday through Friday, except Federal holidays.

FHWA will not review applications in advance, but FHWA staff are available for general questions about ATIIP and this NOFO. FHWA will not provide technical assistance for specific applications, including providing guidance on how to address any information that should be included in an application. However, FHWA will respond to, and publicly post, questions received about this NOFO; the deadline to submit technical questions and requests for clarification is Friday, May 3, 2024. FHWA intends to post answers to questions and requests for clarification at https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/ and on FHWA’s BIL Guidance Website at Bipartisan Infrastructure Law – Guidance | Federal Highway Administration (dot.gov). To ensure applicants receive accurate information about eligibility or the program, each applicant is encouraged to contact FHWA directly, rather than through intermediaries or third parties, with questions.

https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/ mailto:ATIIP@dot.gov mailto:ATIIP@dot.gov https://www.fhwa.dot.gov/environment/bicycle_pedestrian/atiip/ https://www.fhwa.dot.gov/bipartisan-infrastructure-law/guidance.cfm https://www.fhwa.dot.gov/bipartisan-infrastructure-law/guidance.cfm

SUPPLEMENTARY INFORMATION:

Each section of this NOFO contains information and instructions relevant to the application process for ATIIP grants. The applicant should read this NOFO in its entirety so that they have the information they need to submit eligible and competitive applications.

Table of Contents

SECTION TITLE PAGE

A PROGRAM DESCRIPTION 4

B FEDERAL AWARD INFORMATION 7

C ELIGIBILITY INFORMATION 9

D APPLICATION AND SUBMISSION INFORMATION 12

E APPLICATION REVIEW INFORMATION 24

F FEDERAL AWARD ADMINISTRATION INFORMATION 35

G FEDERAL AWARDING AGENCY INFORMATION 39

H OTHER INFORMATION 40

This NOFO contains collection of information requirements subject to the Paperwork Reduction Act. The use of Standard Forms (SF) 424, 424A, 424B, 424C, 424D, and SF-LLL has been approved by the Office of Management and Budget (OMB) under 2105-0520. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failures to comply with, a collection of information subject to the Paperwork Reduction Act, unless that collection displays a currently valid OMB control number.

FHWA uses www.grants.gov for receipt of all applications. Applicants must register and use the system to submit applications electronically. Applicants are encouraged to register in advance of the submission deadline and to register to receive notifications of updates/amendments to this NOFO. Approval of user registrations for the site may take multiple weeks. It is the Applicant’s responsibility to monitor the grants.gov site for any updates/amendments to this NOFO.

http://www.grants.gov/

A. Program Description

1. Overview

Section 11529 of BIL established ATIIP to provide discretionary grants to eligible entities to plan, design, and construct eligible projects that provide safe and connected active transportation infrastructure in an active transportation network or active transportation spine (BIL § 11529(a)).

Active transportation networks are facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect between destinations within a community or metropolitan region (BIL § 11529(l)(2)). An active transportation network can include a sidewalk network, bike lane network, or shared use path network within a community and must connect between destinations within a community or metropolitan region, such as by connecting neighborhoods and residences to high-demand destinations like schools, workplaces, commercial centers, recreation areas, medical centers, or other community areas.

Active transportation spines are facilities built for active transportation, including sidewalks, bikeways, and pedestrians and bicycle trails, that connect between communities, metropolitan regions, or States (BIL § 11529(l)(3)). An active transportation spine can include a rail trail or rail-with-trail, walking path, or bike route and must connect between two or more communities, metropolitan regions, or States. An active transportation spine can be considered a backbone or primary active transportation route through a particular area or region.

Active transportation means mobility options that are powered primarily by human energy (BIL § 11529(l)(1)). These include bicycling and walking and may include, depending on whether the activity is powered primarily by human energy, scooting, skating, or using wheelchairs and other mobility devices. While active transportation does not include electric micromobility options that are not powered primarily by human energy (e.g., e-scooters or certain e-bikes), active transportation spines and networks may accommodate some electric micromobility options and power wheelchairs.

This NOFO will result in the distribution of up to $44,550,0001 for two different categories of grants: (1) Planning and Design Grants and (2) Construction Grants. For more information about the eligible activities that can be funded with each type of grant, see Section C of this NOFO.

The ATIIP projects will help improve the safety, efficiency, and reliability of active transportation networks and communities; improve connectivity between active transportation modes and public transportation; enhance the resiliency of on- and off-road active transportation infrastructure and help protect the environment; and improve quality of life in disadvantaged communities through the delivery of connected active transportation networks and expanded mobility opportunities.

1 Section 11529(j) authorizes to be appropriated $200,000,000 for each of FYs 2022 through 2026. The Consolidated Appropriations Act, 2023 (Pub. L. 117-328) first appropriated $45,000,000 for ATIIP. Pursuant to Section 11529(d)(3), which allows FHWA to set aside not more than $2,000,000 of appropriated ATIIP funds to cover the costs of administration, research, technical assistance, communications, and training activities under ATIIP, FHWA set aside $450,000, leaving $44,550,000 available for grants.

The ATIIP grants will allow communities to identify, prioritize, and implement improvements to the largest barriers to safe, accessible, and equitable pedestrian and bicycle network connectivity through the development of infrastructure that will provide substantial additional opportunities for walking and bicycling. Eligible organizations will be able to create plans or implement active transportation networks that connect destinations within or between communities or create plans or implement an active transportation spine connecting two or more communities, metropolitan regions, or States. The ATIIP also provides an opportunity for eligible organizations to enhance their overall transportation network by integrating active transportation facilities with transit services, where available, to improve access to public transportation.

2. Administration Priorities and Departmental Strategic Plan Goals The DOT seeks to fund projects that advance the Departmental priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation as described in the DOT Strategic Plan, Research, Development and Technology Strategic Plan, and in executive orders.2

DOT seeks to fund projects under this NOFO that, in combination with the merit selection criteria, advance the following:

i. Safety DOT is committed to advancing safe, efficient transportation, including in ATIIP.

The National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits DOT 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 through a Safe System Approach (SSA).3 The SSA considers five elements of a safe transportation system – safe road users, safe vehicles, safe speeds, safe roads, and post-crash care – in an integrated and holistic manner to address roadway safety challenges.4 The outcomes anticipated from the projects funded by ATIIP should align with the

NRSS.

Applicants should respond to this Administration priority when discussing Merit Criteria 3, 5, and 6, as appropriate. More information on these Merit Criteria can be found in Section E of this

NOFO.

ii. Climate Change and Sustainability DOT seeks to fund projects under ATIIP that reduce greenhouse gas (GHG) emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce lifecycle GHG emissions from project materials, avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative

2 Executive Order (E.O.) 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619), E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009), E.O. 14025, Worker Organizing and Empowerment (86 FR 22829), and E.O. 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).

3 https://www.transportation.gov/NRSS 4 https://www.transportation.gov/NRSS/SafeSystem https://www.transportation.gov/NRSS https://www.transportation.gov/NRSS/SafeSystem environmental impacts of transportation on disadvantaged communities, consistent with E.O.

14008, “Tackling the Climate Crisis at Home and Abroad (86 FR 7619).”5

Applicants should respond to this Administration priority when discussing Merit Criteria 1 and 6, as appropriate. More information on these Merit Criteria can be found in Section E of this

NOFO.

iii. Equity DOT seeks to award projects under ATIIP that will create proportional impacts to all populations in a project area, significantly decrease transportation related disparities from all populations in a project area, and increase equitable access to project benefits, consistent with E.O. 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009).”

Applicants should respond to this Administration priority when discussing Merit Criteria 2, 5, and 6, as appropriate. More information on these Merit Criteria can be found in Section E of this

NOFO.

iv. Workforce Development, Job Quality, and Wealth Creation DOT intends to use ATIIP 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 training and placement programs, especially registered apprenticeships, in project planning stages, consistent with E.O.

14025, “Worker Organizing and Empowerment (86 FR 22829),” and E.O. 14052, “Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).” DOT also intends to use ATIIP to support wealth creation, consistent with the Department’s Equity Action Plan through the inclusion of local inclusive economic development and entrepreneurship such as the use of Disadvantaged Business Enterprises (DBE), Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

Applicants should respond to this Administration priority when discussing Merit Criterion 6.

More information on this Merit Criterion can be found in Section E of this NOFO.

Section F.3 describes progress and performance reporting requirements for selected projects, including the relationship between that reporting and the program’s selection criteria, and the Administration’s Priorities and Departmental Strategic Plan Goals as appropriate.

3. Additional Information The ATIIP is described in the Federal Assistance Listings under the assistance listing program title “Highway Planning and Construction” and assistance listing number 20.205.

FHWA is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. FHWA also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant

5 See U.S. Department of Transportation Strategic Framework FY 2022–2026 (December 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework may seek the same award amounts from multiple DOT discretionary opportunities or seek a combination of funding from multiple DOT opportunities.

The applicant should identify any other DOT programs and opportunities they intend to apply for (or use if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in the appropriate sections of this NOFO, including Section D.1.ii.

Applicants may review the FHWA Bicycle and Pedestrian Planning, Program, and Project Development Guidance which provides background information and guidance on Federal legislation and policies, and reference materials related to bicycle, pedestrian, and shared micromobility programs and projects, including power wheelchairs.

B. Federal Award Information

1. Award Amount Available

For FY 2023, up to $44,550,000 is available for ATIIP Discretionary Grant Program awards under this NOFO. Of the $44,550,000:

• FHWA may award up to $41,550,000 in Construction grants.6 Of that $41,550,000, at least 30 percent ($12,465,000) will be set aside for projects that construct active transportation networks (BIL § 11529(d)(1)(A)), and at least 30 percent ($12,465,000) will be set aside for projects that construct active transportation spines (BIL § 11529(d)(1)(B)).7

• FHWA may award up to $19,620,000 in Planning and Design grants.8 At least $3,000,000 will be set aside for Planning and Design grants (BIL § 11529(d)(2)).

• FHWA will award at least $3,000,000 in Planning and Design grants, at least $12,465,000 in Construction grants for active transportation networks, and at least $12,465,000 in Construction grants for active transportation spines. FHWA reserves the right to award the remaining $16,620,000 in remaining funding on any type of grant.

Any award under this NOFO will be subject to the availability of funding.

6 The Consolidated Appropriations Act, 2023 (Pub. L. 117-328) appropriated $45,000,000 for ATIIP. BIL § 11529(d)(2) requires at least $3,000,000 to be set-aside for Planning and Design grants, and FHWA set aside $450,000 to cover the costs of administration under BIL § 11529(d)(3). Therefore, up to $41,550,000 is available under this NOFO for Construction grants.

7 Pursuant to Section 11529(d)(1), subject to Section 11529(d)(2) and (3), at least 30 percent of ATIIP funds must be obligated for projects that construct active transportation networks and at least 30 percent must be obligated for projects that construct active transportation spines. Of the $41,550,000 available for Construction grants, FHWA will provide at least $12,465,000 for projects that construct active transportation networks and at least $12,465,000 for projects that construct active transportation spines.

8 Pursuant to Section 11529(d)(2), FHWA must award at least $3,000,000 in Planning and Design Grants. Of the $41,550,000 available for Construction grants, after the 30 percent set-aside for active transportation networks and the 30 percent set-aside for active transportation spines, FHWA may provide the remaining $16,620,000 for Planning and Design grants. Combined with the required $3,000,000 set-aside, FHWA may provide a total of up to $19,620,000 in Planning and Design grants.

https://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/guidance_2023.pdf https://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/guidance_2023.pdf

2. Award Size FHWA expects to award multiple Planning and Design grants and fewer Construction grants, depending on the availability of funding and the number of applications received, for projects satisfying the minimum project cost requirements in Section § 11529(l)(6)(B) that are described in the section further below. DOT reserves the right to make more, or fewer, awards.

i. Planning and Design Grants Pursuant to Section 11529(l)(6)(B)(ii) of BIL, Planning and Design grants must be for projects that have planning and design costs of not less than $100,000. There is no maximum statutory award size for Planning and Design grants. FHWA expects ATIIP awards for Planning and Design grants to range between a minimum of $100,000 and an expected maximum of $2,000,000.

It is important to note that this statutory minimum represents the total planning and design costs of the project, which includes the requested amount of ATIIP funding and any matching funds.

FHWA reserves the discretion to consider award sizes above and below the minimum award sizes listed above, assuming that the total planning and design costs in the application are at least $100,000.

ii. Construction Grants Pursuant to Section 11529(l)(6)(B)(i) of BIL, Construction Grants must have a total project cost of at least $15,000,000. There is no maximum statutory award size for Construction grants.

It is important to note that this statutory minimum represents the total cost of the project, which includes the requested amount of ATIIP funding and any matching funds. In terms of suggested minimum and maximum amounts of ATIIP funds applicants may request, FHWA intends to award a minimum of $7,500,000 in ATIIP funds for any given Construction grant, and a maximum of $15,000,000 in ATIIP funds for qualifying disadvantaged communities or $12,000,000 in ATIIP funds for all other Construction grant applicants. FHWA reserves the discretion to consider award sizes above and below the minimum award sizes listed above, assuming that the total project costs for the application are at least $15,000,000.

3. Type of Award If the successful applicant is a State department of transportation (State DOT), or a State DOT will serve as a pass-through entity to a non-State DOT entity, ATIIP funds will be awarded upon the execution of a project agreement, which is a type of grant agreement for administration of funds to a State DOT in Fiscal Management Information System (FMIS).

If the successful applicant is a non-State DOT, ATIIP funds will be awarded upon the execution of a grant agreement with FHWA. A determination will be made if the successful applicant will administer the grant, or at the request of the successful applicant, an applicable State DOT will administer the project.

4. Availability of Funds The ATIIP awards should be obligated by a signed grant agreement by September 30, 2026.

Obligation of an ATIIP grant occurs when a selected applicant enters a project agreement with FHWA and FHWA authorizes the project to proceed. For construction, this is generally after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements and compliance with Title 23, Code of Federal Regulations (CFR), Part 635, subpart C for State DOT applicants or 2 CFR 200.318-.327 for non-State DOT applicants.

5. Period of Performance If a grant recipient will be a State DOT or if a State DOT will serve as a pass-through to a non- State DOT entity awarded a grant, the DOT Payment System will be “Current Bill” in FMIS.

The start of the period of performance will begin on the date of authorization for the project FMIS and end on the project end date in FMIS.

If a grant recipient will be a non-State DOT entity, the DOT Payment System will be “DELPHI iSupplier” and the start of the period of performance will begin on the date of the grant agreement executed by FHWA which will obligate ATIIP and end on the period of performance that is listed in the grant agreement.

FHWA expects the period of performance to be no more than 2 years for Planning and Design grants and 5 years for Construction grants.

C. Eligibility Information To be selected for an ATIIP grant, an applicant must meet the eligibility requirements under this section, including Eligible Organization; Eligible Project; Statutory Cost Sharing or Match requirements; and, if the project is partially on Federal land, entry into a cooperative agreement with the Federal Agency with jurisdiction over the Federal land. Applications that do not meet these eligibility requirements will not be evaluated under the criteria in Section E.1.

1. Eligible Organizations Pursuant to Section 11529(l)(5) of BIL, eligible organizations are the following:

• A local or regional governmental organization, including a metropolitan planning organization (MPO) or regional planning organization or council;

• A multicounty special district;

• State;9

• A multistate group of governments; or

• An Indian Tribe.10

2. Cost Sharing or Matching

i. General Federal Share

Except as stated below for projects in disadvantaged communities in Section C.2.ii, the Federal share of the cost of a project carried out with an ATIIP grant shall not exceed 80 percent of the

9 The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico (23 U.S.C. 101(a)(28)).

10 The term ‘‘Indian Tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act, which is codified at 25 U.S.C. 5304 (BIL § 11529 (l)(7)).

total project cost (BIL § 11529(f)(1)). Such awardees must provide at least a 20 percent matching share of the total project cost. The total project cost consists of the total Federal share, matching funds, and any additional non-ATIIP Federal funds that are not eligible for match.

Other Federal funds may be used as matching funds, but only if specifically allowed by statute.

Tribal applicants may use their Tribal Transportation Program funding as non-Federal match in accordance with Title 23, United States Code (U.S.C.), Section 120(k). For more information on Federal share, see 2 CFR 200.306.

Additional information on non-Federal matching requirements can be found at https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm.

FHWA will not consider previously incurred costs or previously expended or encumbered funds towards the matching requirement for any project. Matching funds are subject to the same Federal requirements described in Section F.2 as awarded funds.

See Section D.2.ii for information about documenting cost sharing in the application. Applicants should also note that while projects meeting the 20 percent matching share requirement will be eligible, projects with a greater matching share may receive a higher rating under Merit Criterion 4, as described in more detail in Section E.1.

For each project that receives a grant under this NOFO, FHWA expects the project to be completed using at least the level of non-Federal funding that was specified in the application.

ii. Federal Share for Disadvantaged Communities For projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the project, the Federal share is 100 percent of the total project cost (BIL § 11529(f)(2)). For such projects, this means that no matching funds are required for the project to be eligible. In addition, such projects will automatically receive the highest rating under Merit Criterion 4, as described in Section E.1.

To identify as such a disadvantaged community and be eligible for a 100 percent Federal share, applicants must provide FHWA with sufficient information that the proposed project would serve communities with a poverty rate of over 40 percent based on the majority of census tracts served by the project, including identifying each census tract that will be served by the project, the poverty rate of each of those census tracts, and how the project serves each identified census tract. Applicants should explain how the proposed project may serve census tracts outside of the census tract(s) where the proposed project is located.

It is important to note that FHWA will make the final determination of whether a project is eligible for the 100 percent Federal share under BIL § 11529(f)(2). For that reason, it may be advisable for applicants who believe they are eligible for the 100 percent Federal share described in this section to nonetheless provide information indicating that, alternatively, they can provide a 20 percent non-Federal share. Otherwise, if FHWA determines that the application is not eligible for the 100 percent Federal share and the applicant does not provide additional information, that application would be deemed ineligible and would not receive ATIIP funds under this NOFO.

https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm

One method of determining the poverty rate of the census tracts surrounding your project is as follows:

1. Go to data.census.gov.

2. Click Advanced Search below the search bar.

3. In the sidebar, click Geography > Census Tract > [Your state] > [Your county].

4. Either choose the census tracts you know your project impact or choose “All Census

Tracts within [Your county].”

5. In the sidebar, click “Search for filter” and type in “Poverty.” Check the box labeled

“Poverty” and then click the X on the top right of the window will.

6. Next, click the “Maps” tab on the top navigation, then select “S1701 | POVERTY

STATUS IN THE PAST 12 MONTHS.” You should now see a map with the census tracts of your selected geography displaying the percentage of residents living below the poverty level among the population for whom poverty status is determined using the most up-to-date Census data.

7. Next, click “Classes” in the map toolbar at the top of the window. Add a break value of 40 percent. The map classification will update to clearly show which census tracts have a poverty rate above 40 percent.

3. Eligible Projects Partially on Federal Land Any eligible organization that submits a project located in part on Federal land must have a cooperative agreement with the appropriate Federal Agency with jurisdiction over the Federal land before submitting an application (BIL § 11529(b)(2)). For projects located in part on Federal land, the eligible organization must include a copy of that cooperative agreement.

This is an eligibility requirement, and a project partially located on Federal lands that does not submit a copy of such a cooperative agreement will not be eligible for ATIIP funds under this

NOFO.

4. Other

i. Eligible Projects

To be eligible to receive ATIIP funds, projects must consist of an active transportation project or group of projects within or between a community or group of communities, at least one of which falls under the jurisdiction of the applicant (BIL § 11529(l)(6)(A)).

Applicants may apply for more than one grant. Applicants may apply for both a Planning and Design grant and a Construction grant; however, the applications must be for separate projects.

If an applicant applies for a Planning and Design grant and a Construction grant for the same project, it will be treated as a Construction grant. Construction grants may include the full range of planning and design activities that may be undertaken as part of a Planning and Design grant.

Projects must also abide by the minimum project costs described in Section B.2 to be eligible.

This means that projects seeking Planning and Design grants must have planning and design costs of at least $100,000 (BIL § 11529(l)(6)(B)(ii)), and projects seeking Construction grants must have total project costs of at least $15,000,000 (BIL § 11529(l)(6)(B)(i)).

Applicants can seek a Planning and Design grant for projects that develop a plan for an active transportation network or spine project. Applicants with an existing plan may also apply for a Planning and Design grant to update and further develop their plan.

ii. Eligible Project Costs

a. Planning and Design Grants

Planning grants may be used to fund:

• Public engagement activities, including community visioning, outreach to affected disadvantaged populations, or other place-based strategies for public input into project plans;

• Design and planning studies that support the development of a construction project such as traffic studies supporting an active transportation outcome, active transportation network plans, connectivity analyses, asset inventories, and data collection of active transportation network gaps;

• Conceptual and preliminary engineering tied to projects in an approved plan;

• Other related transportation planning activities for active transportation networks or spines.

b. Construction Grants Construction Grants may be used to fund, among other things:

• Property acquisition;

• Site preparation, demolition, or development;

• Payment of bonds/notes;

• Fees in connection with execution and financing of the project;

• Cost of studies, surveys, plans, permits, insurance, interest, financing, tax and assessments;

• Cost of construction, rehabilitation, reconstruction;

• Cost of land improvements;

• Contractor fees;

• Training and education related to safety of users as part of project.

All costs must conform with applicable law to be eligible, including 23 U.S.C.; 23 CFR; and 2 CFR part 200, as applicable.

D. Application and Submission Information

1. Address to Request Application Package

All grant application materials can be accessed at grants.gov.

Once at grants.gov, select the Search Grants tab. Then enter one of the following:

• Opportunity Number: 693JJ324NF00012

• Opportunity Name: Active Transportation Infrastructure Investment Program

• Assistance Listing Number: 20.205

When at one of these pages, select the Opportunity, which will open to a page with several tabs.

The first tab is a synopsis of the opportunity. Select the “Application Package” tab to download the forms needed to submit an FY 2023 ATIIP application.

For a Telephone Device for the Deaf (TDD), please call (202) 366-3993. If potential applicants are unable to download the application package from the internet, they may send a written request for a paper copy to the below address. Requests should be sent to:

Kenan Hall Agreement Specialist Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE.

Washington, DC 20590 Email: ATIIP@dot.gov (preferred) Phone: 202-366-1533

Alternate:

Hector Santamaria Agreement Officer/Team Leader Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE.

Washington, DC 20590 Email: ATIIP@dot.gov (preferred) Phone: 202-493-2402

2. Content and Form of Application Submission Planning and Design Grants and Construction Grants have distinct application submission and supporting document requirements. The FHWA strongly recommends use of the template provided below. All applications should submit the following: SF; Narrative; and Budget.

i. Application All applications must be submitted electronically through grants.gov.

Note: FHWA may share application information within FHWA or with other Federal Agencies if FHWA determines that sharing is relevant to the respective program’s objectives.

a. Standard Forms All applicants must submit the following SFs:

Required Forms for Planning and Design Grant Applications:

Required Forms for Construction Grant Applications:

SF 424 (Application for Federal Assistance) SF 424 (Application for Federal Assistance) mailto:ATIIP@dot.gov mailto:ATIIP@dot.gov

Note: Applicants may leave fields 5a, 5b, 6, 7, and 13 blank. The Project Narrative must be added as an Attachment to Item 15 of the

SF-424.

Note: Applicants may leave fields 5a, 5b, 6, 7, and 13 blank. The Project Narrative must be added as an Attachment to Item 15 of the

SF-424.

Grants.gov Lobbying Form (Certification Regarding Lobbying)

Grants.gov Lobbying Form (Certification Regarding Lobbying)

Disclosure of Lobbying Activities form

(SFLLL)

Disclosure of Lobbying Activities form

(SFLLL)

SF 424A (Budget Information for Non- Construction Programs) Note: The form should be supported by a budget narrative explaining each element of cost.

SF 424C (Budget Information for Construction Programs) Note: The form should be supported by a budget narrative explaining each element of cost.

SF 424B (Assurances for Non-Construction Programs)

SF 424D (Assurances for Construction Programs)

All mandatory SFs of the 424 family are available for download at https://www.grants.gov/forms/forms-repository/sf-424-family.

b. Project Narrative The project narrative should clearly state whether the application is for a Planning and Design grant or a Construction grant.

FHWA recommends that the project narrative follow the outline below. Following the outline will also assist evaluators in locating relevant information.

I. Basic Project Information – Description, Location, and Parties

See D.2.i.b.I

II. Grant Funds, Sources, and Uses of all Project Funding

See D.2.i.b.II

III. Merit Criteria See D.2.i.b.III

IV. Project Readiness and Environmental Risk

See D.2.i.b.IV

V. Administration Priorities and Departmental Strategic Plan Goals

See D.2.i.b.V

VI. FHWA Priority Selection Considerations See D.2.i.b.VI

VIII. Letters of Support

The project narrative should provide information, including a table of contents, maps, and graphics as appropriate, necessary for FHWA to determine that the project satisfies project requirements described in Section C and to assess the merit criteria specified in Section E.1.

https://www.grants.gov/forms/forms-repository/sf-424-family

To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by FHWA. FHWA may, but is not required to, request additional information, including additional data, to clarify supporting data and documentation submitted in an application, but FHWA encourages applicants to submit the most relevant and complete information they can provide. FHWA also encourages applicants, to the extent practicable, to provide data in a form that is publicly available or verifiable. To ensure a fair and unbiased evaluation of applications submitted under this NOFO, FHWA will not request additional information to perfect incomplete applications.

FHWA recommends that the project narrative be prepared with standard formatting preferences (i.e., a single-spaced document, using a standard 12-point font such as Times New Roman, with 1-inch margins). For Planning and Design Grants, the project narrative should not exceed 15 pages; for Construction Grants, the narrative should not exceed 20 pages. Appendices may include documents supporting assertions or conclusions made in the 15- or 20-page project narrative and do not count toward the page limit. If possible, Website links to supporting documents should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each supporting document supports. FHWA recommends using appropriately descriptive final names (e.g., “Project Narratives,” “Maps,” “Memoranda of Understanding and Letters of Support,” etc.) for all attachments.

I. Basic Project Information – Project Description, Location, and Parties:

a) Project Description

The applicant should provide a concise description of the project, including a discussion of the project’s history and a description of any previously incurred project costs. This section should describe what improvements the project will provide for the relevant active transportation network or spine, describe the communities impacted by the project and how the proposed project will reduce emissions by providing low or zero-emission transportation options, improve access to economic opportunity and community economic benefits, and increase safety for those communities, and any other high-level background information that would be useful to understand the rest of the application. The applicant may use this section to place the project into a broader context of other infrastructure investments being pursued by the project sponsor.

b) Project Location The application should provide a concise description of the project, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location (shapefiles will be accepted under 200 MB file size). This section should also describe current barriers to community connectivity, including to safe mobility, access, or economic development, as well as a description of the surrounding community impacted by the project. This section should include a detailed geographic description and map of the project area location and identify elements of the existing transportation network.

If the applicant is requesting a 100 percent Federal share under Section C.2.ii of this NOFO, the applicant should clearly indicate which communities the project is serving, how the project serves those communities, and the poverty rates of those communities.

The application should include whether the project is located in an urban or rural community.

For the purpose of this NOFO, FHWA will consider communities that are within Urbanized Areas (i.e., areas with a population of 50,000 or more) to be urban communities and all other communities to be rural. FHWA will rely on the digital maps and geographic shapefiles for the 2020 Census urban areas depicted on FHWA HEPGIS maps of MPO and 2020 Census Urban Areas - FHWA HEPGIS Maps (dot.gov) (refer to the “MPO and Air Quality Tab” and then scroll to “MPO and 2020 Census Urban Areas”) which correlates the definitions of “urban”11 and “rural areas”12 under 23 U.S.C. and Bureau of the Census (Census Bureau) data. A list of 2020 census designated urban areas is available in the Census Bureau’s December 29, 2022 Federal Register Notice (87 FR 80114).”

c) Lead Applicant This section of the application should provide details about the lead applicant. The details should include the lead applicant’s demonstrated experience with receipt and expenditure of Federal-aid highway program funds under 23 U.S.C. FHWA will consider the degree of experience as part of the project readiness evaluation. If an application is rated highly under other criteria, but the applicant has no or limited experience with the receipt and expenditure of Federal-aid highway program funds, FHWA may contact the applicant prior to final selection of FY 2023 awards to discuss technical resources that may be available to assist the applicant in obtaining the capacity and expertise to ensure compliance with all applicable Federal requirements and timely delivery of the project.

d) Other Public and Private Parties The applicant should describe in detail all of the other public and private parties who are involved in delivering the project, including a specific description of the role of each entity in delivering the project.

The applicant should state whether or not a private or non-private entity will receive a direct and predictable financial benefit if the project is selected for award. This includes, but is not limited to, private and non-private entities directly benefitting from completion of the proposed project.

If this project directly involves or benefits a specific private corporation, a non-public entity, or a public entity, please identify the full name of each entity, separated by a comma.

11 The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Census Bureau having a population of 5,000 or more and not within any urbanized area in each State, or urban place as designated by the Census Bureau having a population of 5,000 or more and note within any urbanized area. (23 U.S.C. 101(35)). The term “urbanized area” means an area with a population of 50,000 or more designated by the Census Bureau, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Census Bureau. (23 U.S.C. 101(36)).

12 The term “rural areas” means all areas of a State not included in urban areas. (23 U.S.C. 101(25)).

https://hepgis-usdot.hub.arcgis.com/ https://hepgis-usdot.hub.arcgis.com/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.federalregister.gov%2Fdocuments%2F2022%2F12%2F29%2F2022-28286%2F2020-census-qualifying-urban-areas-and-final-criteria-clarifications.&data=05%7C01%7CCathy.Kendall%40dot.gov%7C3c7036b7743944d1cd4f08db77fb5404%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638235693543989758%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cUMZ3k0CKp0j1ttgmYYz2PTCPpXJDndcjeAO%2FCRRBfc%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.federalregister.gov%2Fdocuments%2F2022%2F12%2F29%2F2022-28286%2F2020-census-qualifying-urban-areas-and-final-criteria-clarifications.&data=05%7C01%7CCathy.Kendall%40dot.gov%7C3c7036b7743944d1cd4f08db77fb5404%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638235693543989758%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=cUMZ3k0CKp0j1ttgmYYz2PTCPpXJDndcjeAO%2FCRRBfc%3D&reserved=0

II. Grant Funds, Sources, and Uses of all Project Funding In addition to the information provided in the mandatory forms described above, as part of the project narrative, applicants should describe the project's budget in detail and the plans for covering the full cost of the project from all sources.

The project budget should show how different funding sources will share in each major project activity and present those data in dollars and percentages. The budget should identify other Federal funds the applicant is applying for or has been awarded, if any, that the applicant intends to use. Funding sources should be grouped into three categories: (1) Non-Federal; (2) ATIIP Funds; and (3) Other Federal Funds, with specific amounts from each funding source.

The project budget should identify all Federal funds to be used for future eligible costs of the project, including the requested ATIIP grant amount, other Federal grants that have been awarded to the project or for which the project intends to apply in the future, and any Federal formula funds that have already been programmed for the project or are planned to be programmed for the project. For each category of Federal funds to be used for future eligible project costs, the amount, nature, and source of any required non-Federal match for those funds should be provided.

If a project contains components, the budget should separate the costs of each project component. If the project will be completed in phases, the budget should separate the costs of each phase. The budget should be detailed enough to demonstrate that the project satisfies ATIIP statutory cost-sharing requirement described in Section C.2, if applicable, and those associated with each category of Federal funding.

The application should include information showing that the applicant has budgeted sufficient contingency amounts to cover unanticipated cost increases.

In addition to the information enumerated above, this section should provide complete information on how all project funds may be used, availability, and funding commitments. For example, if a source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied.

Similarly, if a source of funds is available for expenditure only during a fixed period, the application should describe that restriction. Complete information about project funds will ensure that FHWA’s expectations for award execution align with any funding restrictions unrelated to FHWA, even if an award differs from the applicant’s request.

This section of the narrative should also identify any other Federal programs and opportunities the applicant has applied for and intends to apply for and describe any additional non-ATIIP funding that is available to the applicant.

III. Merit Criteria The applicant should describe how the proposal meets the merit criteria listed in Section E.1.

FHWA encourages applicants to address each criterion. Insufficient information to assess any criterion will negatively impact the project rating. Applicants should note that merit reviewers will focus on this section of the application and will not be required to reference the other sections in the application package; therefore, all relevant information to demonstrate alignment with the merit criteria as described in Section E.1 should be included in this section of the application. Applicants should describe the merit criteria in the order in which they are described in the NOFO and address each criterion separately. Guidance describing how FHWA will evaluate projects against the merit criteria is in Section E.1 of this NOFO. Applicants should review that section before considering how to organize their application.

IV. Project Readiness and Environmental Risk The application should include information that, when considered with the project budget information, is sufficient for FHWA to evaluate whether the project is reasonably expected to begin construction in a timely manner. All applications should include a detailed project schedule.

Applications for Construction grants will be reviewed for Project Readiness and assigned three separate readiness evaluation ratings: Environmental Risk Assessment, Technical Capacity Assessment, and Financial Completeness Assessment.