FAQs for NOFO 693JJ324NF00009 - Congestion Relief Program - FY 22-24.pdf

Frequently Asked Questions Congestion Relief Grant Program NOFO

Except for the statutes and regulations cited, the contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide information to the public regarding existing requirements under the law or agency policies. For any conflicting information between this Q&A and the notice of funding opportunity (NOFO), the NOFO will take precedence.

General Questions

Q1. What is the Congestion Relief Grant Program?

Answer: The Congestion Relief Program is a new discretionary program to provide grants to States, metropolitan planning organizations (MPO), cities, and municipalities to advance innovative, integrated, and multimodal solutions for congestion relief in the most congested metropolitan areas of the United States. Congestion Relief Grant Funds were authorized under the Infrastructure Investment and Jobs Act, known as the Bipartisan Infrastructure Law (BIL), and codified under 23 U.S.C. 129(d). Under the Program, projects must be located in urbanized areas with a population greater than 1,000,000. (23 U.S.C. 129(d)(1)).

Q2. Will selected Applicants have to enter into grant agreements?

Answer: Yes. An award of Congestion Relief grant funds occurs when a selected applicant enters a grant agreement or a project agreement which is a type of grant agreement, as described in Section B.4 Type of Award under the NOFO.

Q3. Can an eligible applicant apply simultaneously both for a Congestion Relief Program grant and another Federal grant?

Answer: Yes, an eligible applicant may submit applications to multiple Federal funding opportunities, assuming all applicable program requirements are addressed. The budget should identify other Federal funds the applicant is applying for or has been awarded, if any, that the applicant intends to use.

Q4. When is the application deadline?

Answer: The deadline for all application materials is April 22, 2024.

Q5. Where can I submit the application?

Answer: Final applications must be submitted through Grants.gov.

Q6. What if I am having technical issues with grants.gov?

Answer: Please refer to the following links for technical issues with grants.gov:

• Grants.gov Applicant Training: https://www.grants.gov/applicants/applicant-training

• Grants.gov Online User Guide:

https://www.grants.gov/help/html/help/index.htm#t=GetStarted%2FGetStarted.ht m

You can also contact Grants.gov Customer Support Hotline at 1-800-518-4726.

Q7. Is there other outreach or information on the Congestion Relief Program beyond these Q&As?

Answer: An informational webinar (and presentation) about the Congestion Relief Program will be scheduled during the solicitation period and a recording will be made available.

Terminology

Q8. How is the term “highway users” defined under the Congestion Relief Program?

Answer: FHWA has defined “highway users” for the Congestion Relief Program as a traveler using a single-occupant vehicle on an eligible highway under the Program, or a traveler in a vehicle that does not meet an occupancy requirement to be considered a High Occupancy Vehicle (HOV) on an eligible HOV facility.

Q9. What is the difference between a Construction Project and a Non-Construction Project?

Answer: Under the Congestion Relief Program “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway and any project activity directly related thereto such as:

preliminary engineering, engineering, and design. See 23 USC 101(a)(4) for the full definition. A Congestion Relief Program eligible project, such as the implementation of systems, services, and programs that does not entail a construction activity under 23 USC 101(a)(4) noted above would be considered a Non-Construction Project.

https://www.grants.gov/applicants/applicant-training https://www.grants.gov/applicants/applicant-training https://www.grants.gov/help/html/help/index.htm#t=GetStarted%2FGetStarted.htm https://www.grants.gov/help/html/help/index.htm#t=GetStarted%2FGetStarted.htm

Q10. Are Intelligent Transportation System (ITS) Projects considered construction or non-construction projects?

Answer: It depends on the scope of the ITS project. An ITS Project is a type of an Operational Improvement Project defined under 23 U.S.C. 101(a)(19) that may involve work ranging from little or no field installation activity to significant installation activity.

Refer to the following FHWA information on how to properly designate an ITS project:

https://ops.fhwa.dot.gov/plan4ops/resources/memorandum/itsprocurementmemo092519.h tm

Eligibility: Applicants

Q11. Who can receive Congestion Relief Program grants?

Answer: Eligible Applicants for Congestion Relief Program grants are:

• a State for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (23 U.S.C. 129(d)(A)). “State” means any of the 50 States, the District of Columbia, or Puerto Rico. (23 U.S.C. 101(a)(28));

and

• a metropolitan planning organization, city, or municipality for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (23 U.S.C. 129(d)(A)).

Q12. Are there conditions under which an eligible entity can apply to subaward the project and its management?

Answer: An eligible entity selected to receive a Congestion Relief program grant will be the direct recipient of the grant funds. Whether the Congestion Relief Program grant funded project is carried out by the direct recipient, a subrecipient, or a contractor, the direct recipient remains responsible for ensuring all Federal requirements are satisfied.

See 2 CFR 200.330 – 200.334 for information on subrecipient monitoring and management. Applicants should describe their proposed approach for implementing the project in their application.

Q13. Are transit agencies eligible for a Congestion Relief Program grant?

Answer: Only State-owned transit agencies are considered eligible entities. Other transit agencies may partner with an eligible entity (State or MPOs) but cannot pursue a direct grant award under the Congestion Relief Program.

Q14. Are county transportation agencies eligible for a Congestion Relief Program grant?

Answer: No, counties are not among the list of eligible entities under the Congestion Relief Program.

Eligibility: Projects https://ops.fhwa.dot.gov/plan4ops/resources/memorandum/itsprocurementmemo092519.htm https://ops.fhwa.dot.gov/plan4ops/resources/memorandum/itsprocurementmemo092519.htm https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-80204913-293024738&term_occur=999&term_src= https://www.law.cornell.edu/topn/racketeer_influenced_and_corrupt_organizations_act_rico

Q15. Must a proposed project address ALL of the stated Program goals?

Answer: No. An eligible project is one that meets the eligibility requirements (23 U.S.C. 129(d)(4) and addresses at least of one the Program goals (23 U.S.C. 129(d) (3)).

Q16. What types of projects are eligible for Congestion Relief Program grants?

Answer: Eligible projects for Congestion Relief Program grants are: projects, or an integrated collection of projects, for planning, design, implementation, and construction activities (eligible activities to carry out an eligible project) and achieve the Congestion Relief Program goals as described in Section A and 23 U.S.C.129(d)(3). The eligible projects include the following:

• Deployment and operation of an integrated congestion management system (defined within the NOFO);

• Deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing;

• Deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand micro-transit; and

• Incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. (23 U.S.C.

129(d)(4)).

Q17. Can other types of projects besides those listed as eligible projects be considered eligible?

Answer: As stated in Section C.3 of the NOFO, other types of projects than those listed under 23 USC 129(d)(4) that achieve one of more of the Congestion Relief Program goals may be considered for a grant. For example, projects that implement transportation systems management and/or travel demand management strategies to relieve congestion may be considered for this program. FHWA will review project specific information provided in an application to make an eligibility determination.

Q18. Is a bus-on-shoulder program eligible for a Congestion Relief Program grant?

Answer: Yes. Bus-on-Shoulder may be included in the managed lane portion of the Program defined Integrated Congestion Management System, part of the deployment of express operations, or eligible under “other project types.”

Q19. Is a network of projects eligible for a Congestion Relief Program grant?

Answer: Yes. An integrated collection of projects consisting of multiple projects addressing the same transportation problem that collectively meet the eligibility criteria provided in Section C.3 of the NOFO may be considered for a Congestion Relief

Program award. FHWA will review project specific information provided in an application to make an eligibility determination.

Eligibility: Cost Items

Q20. May Congestion Relief Program grant funds be used to purchase equipment?

Answer: Under certain conditions Congestion Relief Program funds may be used to purchase equipment. There must be a prior written determination that Congestion Relief Program grant funds may be used to purchase the equipment and that participation in those costs complies with Federal requirements and are necessary, reasonable, and allocable to the project.

FHWA's policy for participation in costs associated with equipment acquisition is based on the Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards in 2 CFR Part 200.

(https://www.fhwa.dot.gov/construction/contracts/181214.cfm). Under 2 CFR 200.1 “equipment” means: tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000.

Recipient costs for equipment may be reimbursed through (a) an approved indirect cost rate plan, or (b) on a project basis through an approved depreciation rate (amortized cost) analysis based on costs that are necessary, reasonable, and allocable to the project.

Congestion Relief Program grant funds will participate only in the portion of the amortized cost directly attributable to the time the equipment is used on the project.

Capital expenditures for equipment used in a federal grant are generally unallowable as a direct charge to the Federal grant program except with the prior written approval of the Federal awarding agency. (2 CFR 200.439). FHWA may approve the direct charge to the Congestion Relief Program for the up-front acquisition cost of equipment if a State's request for prior written approval [2 CFR 200.439(b)(1)] provides sufficient documentation supporting a Congestion Relief Program interest.

Q21. What forms of traveler incentives are eligible under the Congestion Relief Program?

Answer: Congestion Relief Program grant funds may only be used for incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods, (23 USC 129(d)(4)(D)). Costs associated with these incentive programs must be necessary and reasonable, allocable to the project proposed, and allowable per the cost principles specified in 2 CFR part 200, subpart E.

A cost is “reasonable” if, at the time the decision is made, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. The cost principles in 2 CFR part 200 identify a https://www.fhwa.dot.gov/construction/contracts/181214.cfm number of considerations for determining cost reasonableness including whether the cost is of a type generally recognized as ordinary and necessary for the operation of the non- Federal entity or the proper and efficient performance of the Federal award. incur the cost

(2 CFR 200.404).

Applicants should document their reasoning for the type of proposed incentive and how it is necessary for the proposed project. (2 CFR 200.403(g)). FHWA will review project specific information provided in an application to make an eligibility determination.

In addition, Grantees must ensure appropriate monitoring and oversight to avoid waste or abuse in handling project funds. Grantees’ internal controls and financial management systems must be adequate to ensure that award funds are used only for award purposes (2 CFR 200.302–200.303). In particular, grantees considering use of cash or cash-equivalent incentive payments must adopt controls adequate to address risks of misuse.

Q22. Can project development or planning activities be included with an application for a Congestion Relief Program grant? Or does project planning have to be completed and submitted with the application for a Congestion Relief Program grant?

Answer: Congestion Relief Program grant funds may be used for pre-construction activities (i.e., planning, environmental review, final design) and construction of the same project if it is included in the scope of work. Applicants requesting a grant for pre-construction and construction activities for the same project should submit one application for the entire project.

Eligibility: Cost Share

Q23. How do I calculate Federal share for the Congestion Relief Program?

Answer: The Federal cost share may not exceed 80% of the total project cost.

Applicants should use the following equation when determining the cost share for their project:

Program Grant + Non-Federal Funds = Total Program Project Cost Program Grant must be <= 0.80 X Total Program Project Cost

For the Congestion Relief Program, Total Program Project Cost means the sum of future eligible Federal and Non-Federal costs that have not yet been incurred. Previously incurred costs will not be considered in determining the Total Program Project Cost.

Applicant should review information on non-Federal matching requirements available at https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm

FHWA does not use an applicant’s cost share when evaluating applications on merit.

The FHWA considers an applicant’s cost share during the evaluation and selection process only to confirm that the statutorily required cost shares are met.

Q24. Are toll credits allowable as part of the required non-Federal cost share?

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

Answer: Yes. When the State is the lead in administering Congestion Relief Program grant funds (i.e., the eligible entity), toll credits may be used for the non-Federal share for Congestion Relief Program projects as allowed for Federal-aid projects under 23 U.S.C.

120(i) and the authorities described in the Federal Highway Administration’s “Updated Toll Credit Guidance” (dated September 14, 2021) (available at https://www.fhwa.dot.gov/ipd/finance/tools_programs/federal_aid/matching_strategies/to ll_credits.aspx).

If a State intends to use toll credits toward the non-Federal share, the amount of such credits should be specified in the State’s Congestion Relief Program application and should be based on balances that have been approved by the State’s FHWA Division Office at the time of application. Also, the budget should identify the source of the cash the applicant proposes to use to fund the toll credits that are being applied, such as other eligible Federal-aid funds. Additional funds will not be awarded from the Congestion Relief Program to fund the toll credits. States should refer to 23 U.S.C. 120(i) for detailed information on the terms governing the use of toll credits.

Application Content: General

Q25. Would information beyond the 30-page limit for the Project Narrative be considered for the application evaluation?

Answer: As stated in Section D of the NOFO, the project narrative should not exceed 30 pages in length. Appendices may include documents supporting assertions or conclusions made in the 30-page project narrative and do not count towards the 30-page limit. If an applicant submits a project narrative in excess of 30 pages, applicants are advised not to assume the information contained in those excess pages will be evaluated for eligibility under Section C or project selection under Section E. FHWA highly recommends that any information an applicant would like the FHWA to consider in evaluating their application be included under the 30-page limit.

Q26. How should proprietary or business sensitive information be noted in any response to the NOFO?

Answer: All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) State on the cover of that document that it ‘‘Contains Confidential Business Information (CBI)’’; (2) mark each page that contains confidential information with ‘‘CBI’’; (3) highlight or otherwise denote the confidential content on each page; and (4) at the end of the document, explain https://www.fhwa.dot.gov/ipd/finance/tools_programs/federal_aid/matching_strategies/toll_credits.aspx https://www.fhwa.dot.gov/ipd/finance/tools_programs/federal_aid/matching_strategies/toll_credits.aspx how disclosure of the confidential information would cause substantial competitive harm.

DOT will protect confidential information complying with these requirements to the extent required under applicable law. If FHWA receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, FHWA will follow the procedures described in its FOIA regulations at 49 CFR

7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under § 7.29 will be exempt from disclosure under FOIA.

Q27. Where do we send letters of support?

Answer: Letters of support may be submitted with the application, sent electronically to congestion.relief@dot.gov or mailed via hard copy to FHWA Administrator Shailen Bhatt at the Federal Highway Administration, 1200 New Jersey Avenue SE, Washington DC, 20590. To the extent possible, the FHWA will consider letters of support submitted after the application deadline.

Q28. Are letters of support or letters of commitment needed from entities or stakeholders?

Answer: No. There is no requirement for letters of support, letters of commitment, or endorsements from any entity, including entities identified in an application with a substantive role in the delivery of the project, under the Congestion Relief Program.

However, as described in the NOFO, letters of support submitted with an application will be considered under Merit Criterion #4 Public Engagement, Collaboration, and Partnerships. Letters of commitment will be considered under FHWA’s assessment of Project Readiness during the Financial Completeness Assessment.

Application Content: Financial Effects on Low-Income Drivers

Q29. Which projects are required to have the analysis of the potential effects on low-income drivers?

Answer: It depends. If an eligible Congestion Relief Program project will directly affect the cost of driving (including tolls, mileage, or travel time) for low-income drivers that use the facility, then an analysis of the potential effects of the project on low-income drivers is required under 23 U.S.C. 129(d)(7).

Q30. Must an analysis of the potential effects on low-income drivers, if applicable, be completed for the project prior to submitting a Congestion Relief Program grant application?

Answer: Yes. The result of an analysis that demonstrates the project will not result in adverse financial effects on low-income drivers must be included in the application. The following are examples of analyses that would suffice:

• An environmental justice analysis that demonstrates the project will not result in disproportionately adverse effects on low-income drivers; or

• A community impact assessment that may address the equitable distribution of the impacts and benefits of the proposed project, Q31. Can an Environmental Justice analysis performed for the NEPA process be used to meet the requirements for 23 USC 129(d)(7)?

Answer: Yes. If the Environmental Justice (EJ) analysis includes analysis of the financial effects of the congestion relief project on low-income drivers, then the analysis can be used for 23 USC 129(d)(7) with respect to low-income drivers within the EJ community. However, please note that the requirement in 23 USC 129(d)(7) applies to all low-income drivers who use the facility. Therefore, applicants will also need to provide an analysis concerning low-income drivers that do not reside in the identified EJ communities subject to the EJ analysis.

Q32. Must mitigation measures to deal with potential adverse financial effects on low-income drivers be included as part of the proposed project?

Answer: No. Although an analysis of the potential effects of a project on low-income drivers may be required (see Q&A #29), there is no statutory requirement under 23 U.S.C. 129(d) that mitigation measures to deal with any potential adverse effects must be included as part of a Congestion Relief Program project. However, in carrying out the FHWA’s responsibilities with respect to environmental justice under DOT Order 5610.2C and FHWA Order 6640.23A, the FHWA’s review of the proposed action will ensure that disproportionately high and adverse human health and environmental effects on minority populations and low- income populations are avoided, minimized, or mitigated.

Application Content: Tolling and Pricing

Q33. Are all forms of pricing on an eligible project considered tolling?

Answer: Yes. All forms of road-use pricing are considered tolling. Other forms of pricing, such as pricing for parking, is not considered tolling. More information on Federal Tolling Programs, including Tolling and Pricing FAQs, is available here:

https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_progra ms.aspx. Information from FHWA on congestion pricing is available here:

https://ops.fhwa.dot.gov/congestionpricing/

Q34. Do all eligible projects that entail tolling or pricing require a federal tolling authorization under the Congestion Relief Program?

Answer: Yes. Projects with an eligible construction activity require a suitable Federal tolling authorization to implement tolling or pricing [23 U.S.C. 301]. Also, any program-funded construction activity on existing toll roads would require a federal tolling authorization. More information on Federal Tolling Programs, including Tolling and https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_programs.aspx https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_programs.aspx https://ops.fhwa.dot.gov/congestionpricing/

Pricing FAQs, is available here:

https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_progra ms.aspx

Q35. Does the Congestion Relief Program provide Federal tolling authorizations for tolling off the Interstate system?

Answer: No. While the Program may fund eligible projects that entail tolling off the Interstate system, the Program, itself, does not provide this tolling authority. The entity would either already have or attain a federal tolling authority suitable to the project description from one of the available Federal Tolling Programs and be subject to the requirements of that program. More information on Federal tolling programs is available at https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_progra ms.aspx

Q36. Does the Congestion Relief Program provide Federal tolling authorization for tolling on the Interstate system?

Answer: Yes. There is specific statutory authority under 23 USC 129(d)(6) that allows tolling on the Interstate system as part of an eligible Congestion Relief Program project.

All statutory eligibility requirements described in Section C of the NOFO must be satisfied. This toll authority is only for projects selected to receive a Congestion Relief Program grant and is limited to no more than 10 urbanized areas. (23 U.S.C.

129(d)(6)(C)).

Q37. Does the limitation under 23 USC 129(d)(6)(C) that the Secretary may not approve the use of tolls on the Interstate System under the Congestion Relief Program in more than 10 urbanized areas mean only one project located on one Interstate System route within an urbanized area will be selected for a grant?

Answer: No. Multiple projects located on multiple routes of the Interstate System may receive tolling authorization under 23 USC 129(d)(6). However, the routes of the Interstate System must be within the same urbanized area. For example, Interstate System routes I-111, I-222 and I-333 are all located within the same urbanized area of a State. The State, or other eligible entity in partnership with the State, may propose different Congestion Relief Program projects on each of the three routes.

Q38. How many of the 10 maximum urbanized areas have Interstate tolling projects approved?

Answer: Since this is the initial NOFO for the Congestion Relief Program, no Interstate tolling project has been approved.

Q39. What level of mobility and safety analysis is sufficient for a determination under 23 U.S.C. 129(d)(6)(B)(iv) that a proposed tolling project on the Interstate System would not https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_programs.aspx https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_programs.aspx cause a significant impact on safety or mobility in the urbanized area?

Answer: An operational and safety analysis should conclude with verifiable quantifiable data that the proposed Interstate tolling project would not have a significant adverse impact on safety and mobility within the urbanized area where the project is located. The analysis limits should include all affected portions of the transportation system within the urbanized area, as necessary, to fully evaluate the extent of safety and operational impacts associated with the proposed tolling of the Interstate for congestion management purposes. The analysis should include a description and assessment of the impacts and ability of the proposed project to safely and efficiently collect, distribute, and accommodate traffic on the affected routes within the urbanized area.

For projects that have completed the NEPA process and/or have applicable environmental commitments in an approved NEPA document, the information on the project that is used for NEPA should suffice, provided that the operational and safety analysis of the project matches the level of analysis described in this Q&A.

For projects that have not completed NEPA the applicant should submit with the application information to assess whether the proposed project will likely have a significant impact on safety or mobility in the urbanized area. Such information may include one or more of the following:

(1) a multimodal assessment of existing and proposed safety and operational performance (qualitative and/or quantitative) using analytical tools, methods, and/or techniques (including but not limited to crash diagnoses, predictive safety analyses, road safety audits, traffic impact studies, or other related documentation);

(2) a safety, operational, and engineering acceptability for an Interstate Access Request approval; or

(3) other relevant local land use planning, transportation planning, project initiation / project development documents.

Note that the FHWA’s review of such information for significant safety or mobility for proposed projects where NEPA is not complete is not intended as a statement, limitation or approval of the information being considered as part of the NEPA process for the relevant project. All information being considered as part of the NEPA process will continue to be independently evaluated by the relevant official charged with making the NEPA determination.

Q40. Would a project that implements Interstate tolling for congestion management purposes require an FHWA Interstate Access approval?

Answer: Generally, no unless access to the Interstate System is added or modified (physical changes) as part of the project. However, under the Congestion Relief Program an operational and safety analysis must still be provided for the Secretary to determine that the proposed Interstate tolling project does not have a significant adverse impact on safety and mobility within the urbanized area where the project is located. Early coordination between the State DOT and the FHWA Division Office is recommended to examine the scope of the project and to make a determination regarding the level of documentation that is required and the process to be followed.

Other Requirements

Q41. If a consulting firm is hired to help develop a Congestion Relief Program grants application and that project is selected for a Congestion Relief Program grants award, can that same firm be hired to perform the construction project design and engineering after award?

Answer: Under 2 CFR 200.317 and 1201.317, if the recipient of the Congestion Relief Program discretionary grant is a State, then the recipient must follow the same policies and procedures it uses for procurements from its non-Federal funds, and the answer to this question is dependent on those policies and procedures. Note that if the consultant is providing design and engineering related services, then 23 CFR part 172 applies.

If the recipient is not a State, the answer is yes, the same firm may be hired if necessary competition requirements are satisfied. Per CFR 200.319, all procurement transactions must be conducted in a manner that provides full and open competition, eliminates unfair competitive advantage, and ensures objective contractor performance. Project sponsors must avoid creating situations that would unfairly favor the firm that helped develop the Congestion Relief Program discretionary grant application or preclude other firms from competing. Additionally, the contractor that the project sponsor hires to draft its solicitation for proposals for the construction project design and engineering work must be excluded from competing for that procurement.

Q42. Does the environmental review process for compliance with the National Environmental Policy Act (NEPA) need to be completed prior to a grant award?

Answer: It depends whether the proposed project includes developmental phase activities such as preliminary design and NEPA. Congestion Relief Program funds may be used for developmental phase activities however no grant funds will be obligated for the start of final design, utility relocation, right-of-way acquisition or construction or project implementation until NEPA is complete. The application should provide a schedule that clearly demonstrates the timeframe for completion of environmental review activities and any risks for meeting the projected timeframe. Incomplete environmental review may affect the FHWA’s evaluation of project readiness for projects that entail construction.

Q43. Which tools may be used to quantify the impacts of congestion in response to the Merit Criteria?

Answer: The applicant may use any chosen tool that provides verifiable quantifiable data. FHWA offers the following tools for applicant’s consideration:

• FHWA Environmental Review Toolkit, https://www.environment.fhwa.dot.gov/ https://www.environment.fhwa.dot.gov/

• CMAQ Emissions Calculator Toolkit, https://www.fhwa.dot.gov/environment/air_quality/cmaq/toolkit/

• FHWA Primer: Economics: Pricing, Demand and Economic Efficiency, https://ops.fhwa.dot.gov/publications/fhwahop08041/cp_prim4_04.htm#:~:text= When%20resources%20are%20allocated%20to,help%20achieve%20an%20effici ent%20outcome

• USDOT Transportation and Health Tool, https://www.transportation.gov/transportation-health-tool

• Regional Integrated Transportation Information System (RITIS) Data Analytics Tools, https://ritis.org/tools

Awards

Q44. What is the minimum grant award size?

Answer: As stated in Section C of the NOFO, the statutory minimum grant award is $10,000,000. (23 U.S.C. 129(d)(5)(D)). Therefore, the minimum total project cost for a Program project is $12,500,000 in order to meet the minimum grant award amount and the 20% non-Federal match requirement.

Q45. What is the maximum grant award size?

Answer: There is no statutory maximum award amount under the Congestion Relief Program. The number of grants offered and amount of those grants will be determined by the amount of funding available for FY 2022, FY 2023, and FY 2024 and the applications that advance for consideration for selection as described in Section E of the

NOFO.

Q46. Does an applicant have to indicate they are requesting FY 2022, FY 2023, or FY 2024 Congestion Relief Program grant funds?

Answer: No. To determine whether a project selected to receive a Program grant will be funded with FY 2022, FY 2023, or FY 2024 funds, FHWA will consider the estimated project start date provided in the application. Funds will be assigned after announcement of projects selected to receive an award during the grant agreement development process.

Q47. How soon after projects selected to receive Congestion Relief Program grants will funds be available and is there a deadline by which the funds must be expended?

Answer: FHWA will not make an award of Congestion Relief Program grant funds until a successful applicant is ready to start an eligible activity. If the successful applicant is a State DOT or if a State DOT will serve as a pass-through entity to a non-State DOT entity, 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 the Fiscal Management Information System. If the successful applicant is a non-State DOT, funds will be awarded upon the execution of a grant agreement with FHWA. A determination will be https://www.fhwa.dot.gov/environment/air_quality/cmaq/toolkit/ https://ops.fhwa.dot.gov/publications/fhwahop08041/cp_prim4_04.htm#:%7E:text=When%20resources%20are%20allocated%20to,help%20achieve%20an%20efficient%20outcome https://ops.fhwa.dot.gov/publications/fhwahop08041/cp_prim4_04.htm#:%7E:text=When%20resources%20are%20allocated%20to,help%20achieve%20an%20efficient%20outcome https://ops.fhwa.dot.gov/publications/fhwahop08041/cp_prim4_04.htm#:%7E:text=When%20resources%20are%20allocated%20to,help%20achieve%20an%20efficient%20outcome https://www.transportation.gov/transportation-health-tool https://ritis.org/tools made if the successful applicant will administer the project or, at the request of the successful applicant, an applicable State DOT will administer the project.

Once obligated, Congestion Relief Program grant funds are available until expended (subject to requirements and policies regarding inactive obligations).

Frequently Asked Questions