FY23 - FY24 National Scenic Byways Program NOFO.pdf

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for the Fiscal Year (FY) 2023 and FY 2024 National Scenic

Byways Program

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

(FHWA)

ACTION: Notice of Funding Opportunity

SUMMARY:

SUMMARY OVERVIEW OF KEY INFORMATION: National Scenic Byways Program

(NSBP) Notice of Funding Opportunity

Issuing Agency FHWA

Program Overview Established in Title 23, Section 162 of the United States Code

(U.S.C.), the NSBP is a grass-roots collaborative effort to help recognize, preserve, and enhance selected roads throughout the

United States. Per 23 U.S.C. 162(b), grants and technical assistance are available to State departments of transportation

(State DOT) and Indian Tribes to implement eligible projects on highways designated as National Scenic Byways, All-American

Roads (collectively America’s Byways®), State scenic byways, or

Indian Tribe scenic byways; and to plan, design, and develop a

State or Indian Tribe scenic byway program.

Objective Award grants, on a competitive basis, to implement eligible projects on highways designated as National Scenic Byways or

All-American Roads (collectively America's Byways®), State scenic byways, or Indian Tribe scenic byways; and plan, design, and develop a State or Indian Tribe scenic byway program

Eligible Applicants - States

- Indian Tribes

Eligible Project Types Under 23 U.S.C. 162(c), eligible projects to receive a NSBP grant are limited to the following:

1. An activity related to the planning, design, or development of a State or Indian Tribe scenic byway program.

2. Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities.

3. Safety improvements to a State scenic byway, Indian

Tribe scenic byway, National Scenic Byway, All-

American Road (collectively America's Byways®) to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byway, Indian Tribe scenic byway, National Scenic Byway, or All-American Road.

4. Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility.

5. An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation.

6. Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adjacent to a scenic byway.

7. Development and provision of tourist information to the public, including interpretive information about a scenic byway.

8. Development and implementation of a scenic byway marketing program.

Eligible Highways

NSBP eligible projects may only be implemented on highways designated in 23 U.S.C. 162(b)(1)(A)(i) – (v) as follows:

- National Scenic Byways;

- All-American Roads;

- America’s Byways;

- State scenic byways; or

- Indian Tribe scenic byways.

Limitation on Award of NSBP Grants

Under 23 U.S.C. 162(d), the Secretary shall not make a grant under

23 U.S.C. 162 for any project that would not protect the scenic, historical, recreational, cultural, natural, or archaeological integrity of a highway or adjacent areas.

Funding This opportunity will result in the distribution of up to $26.95 million in FY 2023 and FY 2024 funding. The actual amount available to be awarded under this notice will be subject to the availability of funds.

Deadline Monday, December 16, 2024, 11:59pm ET

Cost Share Per 23 U.S.C. 162(f), the “Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway project along a public road that provides access to or within Federal or Indian land, a Federal Land

Management Agency (FLMA) may use funds authorized for use by the agency as the non-Federal share.” The phrase “80 percent” means up to 80 percent of total eligible project costs.

This Notice of Funding Opportunity (NOFO) requests grant applications for the Federal

Highway Administration’s (FHWA) National Scenic Byways Program (NSBP) as provided by the Consolidated Appropriations Act, 2023 (Public Law 117-328) and the Consolidated

Appropriations Act, 2024 (Public Law 118-42). Funds available under this NOFO are for Fiscal

Years (FY) 2023 and 2024. In total, this grant opportunity will result in the distribution of up to

$26.95 million that are currently available. A set-aside of 2 percent of the appropriated funding will be used by FHWA for technical assistance activities. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

Funds made available for the NSBP grant program are to be awarded on a competitive basis, as provided by the two Appropriations Acts, to implement eligible projects on highways designated as National Scenic Byways or All-American Roads (collectively America's Byways®), State scenic byways, or Indian Tribe scenic byways; and plan, design, and develop a State or Indian

Tribe scenic byway program per Title 23, United States Code (U.S.C.), Section 162(b). 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 Time, on Monday, December 16, 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 the NSBP in the form of a virtual meeting on

Thursday, October 10, 2024, (3:00pm-4:30pm Eastern Time). To register for the Webinar, go to https://usdot.zoomgov.com/webinar/register/WN_6XRaR5MiR1-WERecb4a3cw . To join the

Webinar, follow the instructions sent to your email upon registering. The phone number to access the audio portion of the Webinar will be provided after registering. If you require a reasonable accommodation to participate in the Webinar (e.g., an American Sign Language interpreter, captioning, Braille, or large print), please contact Kenan Hall at the preferred email address scenicbyways@dot.gov or (202) 366-1533 no later than 10 business days prior to the

Webinar. The Webinar will be recorded and posted on FHWA's Website at https://www.fhwa.dot.gov/hep/scenic_byways/grants/.

ADDRESSES:

Applications must be submitted electronically through grants.gov. Refer to Assistance Listing

Number: 20.205.

file://///vntscex.local/dfs/homef/Sharon.ChanEdmiston/My%20Documents/2021%20Desktop/Byways/NOFO/grants.gov https://usdot.zoomgov.com/webinar/register/WN_6XRaR5MiR1-WERecb4a3cw mailto:scenicbyways@dot.gov https://www.fhwa.dot.gov/hep/scenic_byways/grants/ https://www.grants.gov/

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: scenicbyways@dot.gov (preferred)

Phone: (202) 366-1533

Alternate:

Ryan Buck

Team Leader, Grants Support

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Avenue, SE.

Washington, DC 20590

Phone: (202) 366-4229

Office hours are from 9:00 a.m. to 3:00 p.m., Eastern Time, Monday through Friday, except

Federal holidays.

FHWA will not review applications in advance, but FHWA staff are available for general questions about the NSBP and NOFO. FHWA will not provide technical assistance to any applicant, including providing guidance on how to address any information that should be included in an application. In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO’s page, https://www.fhwa.dot.gov/hep/scenic_byways/ and on FHWA’s Bipartisan Infrastructure Law’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, the applicant is encouraged to contact FHWA directly at scenicbyways@dot.gov, rather than through intermediaries or third parties, with questions.

Applicants are encouraged to submit questions to scenicbyways@dot.gov by close of business

Tuesday, November 5, 2024, to ensure FHWA has adequate time to respond prior to the application deadline.

FHWA cannot guarantee that questions received after that date will be answered prior to the application deadline.

mailto:scenicbyways@dot.gov file:///C:/Users/kenan.hall/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/Q693WLCO/grants.gov https://www.fhwa.dot.gov/hep/scenic_byways/a https://www.fhwa.dot.gov/bipartisan-infrastructure-law/guidance.cfm https://www.fhwa.dot.gov/bipartisan-infrastructure-law/guidance.cfm

Applicant resources are provided on FHWA’s NSBP Website at https://www.fhwa.dot.gov/hep/scenic_byways/. Frequently asked questions from FHWA’s 2022

NSBP NOFO are also a resource that may provide answers to applicants’ questions. Here is the link: 2022 NSBP NOFO FAQs.

SUPPLEMENTARY INFORMATION:

Each section of this NOFO contains information and instructions relevant to the application process for NSBP 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

A. Program Description…………………………………………………………………………..6

B. Federal Award Information……………………………………………………………………9

C. Eligibility Information……………………………………………………………………….11

D. Application and Submission Information……………………………………………………14

E. Application Review Information…………………………………………………………….26

F. Federal Award Administration Information…………………………………………………33

G. Federal Awarding Agency Contacts…………………………………………………………37

H. Other Information …………………………………………………………………………...38

This NOFO contains collection-of-information requirements subject to the Paperwork Reduction

Act. The use of Standard Forms 424, 424A, 424C, and SF-LLL has been approved by 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 failure 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 for any updates to this NOFO.

https://www.fhwa.dot.gov/hep/scenic_byways/ https://www.fhwa.dot.gov/hep/scenic_byways/grants/nsbp_2022_grants_faq.pdf http://www.grants.gov/

SECTION A - PROGRAM DESCRIPTION

1. OVERVIEW

Section 1047 of the Intermodal Surface Transportation Efficiency Act of 1991 (Pub. L. 102-240) established an interim scenic byways program and provided grants to States for scenic byways projects. Section 1219 of the Transportation Equity Act for the 21st Century (Pub. L. 105-178, June 9, 1998), as amended, established the NSBP, which is codified at 23 U.S.C. 162.

The purpose of the NSBP is to help recognize, preserve, and enhance selected roads throughout the United States. The Consolidated Appropriations Act, 2023, enacted on December 29, 2022, appropriated $20 million, and the Consolidated Appropriations Act, 2024, enacted on March 8, 2024, appropriated an additional $7.5 million in Highway Infrastructure Program (HIP) funds for the NSBP under 23 U.S.C. 162. Section 162 provides that grants and technical assistance be made available to the State departments of transportation (State DOT) or Indian Tribes to (a) implement eligible projects on highways designated as National Scenic Byways or All-American

Roads (collectively America's Byways®), State scenic byways, or Indian Tribe scenic byways;

and (b) plan, design, and develop a State or Indian Tribe scenic byway program. Eligible projects include access to recreation, byway facilities, construction, corridor management plans, highway improvements, interpretive information, marketing programs, resource protection, safety improvements, State and Indian Tribe scenic byway programs, and tourist information.

Eligible projects are listed at 23 U.S.C. 162(c).

Between 1992 and 2012, FHWA awarded over $505 million in NSBP grants. In 2022, FHWA awarded approximately $21.8 million in grants to 33 projects. For information on all Scenic

Byways grants issued, see https://www.fhwa.dot.gov/hep/scenic_byways/grants/.

Administration Priorities and Departmental Strategic Plan Goals

The U.S. Department of Transportation (DOT) seeks to fund projects that advance DOT priorities of safety, climate and sustainability, equity, and workforce development, job quality, and wealth creation as described in the USDOT Strategic Plan, Research, Development and

Technology Strategic Plan, and in executive orders (E.O.).1

Safety

DOT is committed to advancing safe, efficient transportation, including in the NSBP. 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

1 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).

https://www.fhwa.dot.gov/hep/scenic_byways/grants/ https://www.transportation.gov/dot-strategic-plan https://www.transportation.gov/dot-strategic-plan achieving zero roadway deaths through a Safe System Approach.2 The outcomes that are anticipated from the projects funded by NSBP align with the NRSS.

Climate Change and Sustainability

DOT seeks to fund projects under the NSBP that reduce greenhouse gas emissions (GHG) in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce the lifecycle GHG emissions from the project materials, and avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with E.O. 14008, Tackling the Climate Crisis at Home and Abroad (86

FR 7619).3

Equity

DOT seeks to award projects under the NSBP that will create proportional impacts to all populations in a project area, remove transportation related disparities to 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).

Workforce Development, Job Quality, and Wealth Creation

DOT intends to use the NSBP 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 the NSBP 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, Minority-owned Businesses, Women-owned Businesses, or

8(a) firms.

Section E of this NOFO, which outlines the 2024 NSBP grant selection criteria, describes the process for selecting projects that further these goals. 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.

2 https://www.transportation.gov/NRSS

3 See U.S. Department of Transportation Strategic Framework FY 2022–2026 (Dec. 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/NRSS https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework

2. ADDITIONAL INFORMATION

The NSBP 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. DOT also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant 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.2.a. II.

3. CHANGES FROM THE 2022 NOFO

• Under Section E.1 Merit Criteria, the following two evaluation criteria are removed, as they are incorporated in other NOFO requirements:

i. Describe the challenge(s) or issue(s) the proposed project is seeking to mitigate and/or address. Please include data or evidence that supports the existence of the challenge(s) or issue(s) that the project is intended to address.

ii. Describe how you will evaluate the success of the proposed project in meeting its stated purpose and goal(s), including specific metrics that will be used to evaluate the extent to which the proposed project would be successful in addressing and/or mitigating the identified challenges, or meeting the stated goals. Please be as specific as possible, including descriptions of specific data and project evaluation criteria.

• As directed by the report language accompanying the Consolidated Appropriations

Act, 2023, and the Consolidated Appropriations Act, 2024, under Section E.3.b

Policy Considerations, FHWA will no longer give priority consideration to applications with a total project cost of $500,000 or larger.

• Section F.2 Administrative and National Policy Requirements adds several Program

Requirements that each applicant selected for NSBP grant funding must demonstrate effort to consider before receiving funds for construction.

SECTION B – FEDERAL AWARD INFORMATION

1. Award Amount Available

The Consolidated Appropriations Act, 2023 appropriated $20 million and the Consolidated

Appropriations Act, 2024 appropriated an additional $7.5 million in HIP funds. The congressional report accompanying the appropriations directs FHWA to set aside 2 percent for administrative activities and technical assistance. This NOFO will make $26.95 million to be awarded by FHWA for the NSBP under 23 U.S.C. 162. Awards provided with FY 2023 appropriated funding must be obligated by September 30, 2026, and expended by September 30, 2031, and awards provided with FY 2024 funding must be obligated by September 30, 2027, and expended by September 30, 2032. Obligation of a NSBP grant occurs when a selected applicant enters a project agreement with FHWA and FHWA authorizes the project to proceed.

2. Award Size

There is no minimum or maximum award size. FHWA anticipates awarding between 30-40 grants.

3. Statutory Funding Provisions

There are no applicable statutory funding provisions.

4. Previous NSBP Awards

Previous recipients of NSBP grants may apply for funding to support additional phases of a project previously awarded funds in the NSBP. However, to be competitive, the applicant should demonstrate the extent to which the previously funded project phase has met estimated project schedules and budget, as well as the ability to realize the benefits expected for the project. A previous NSBP award, or application, does not affect competitiveness under this

NOFO.

5. Type of Award

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, NSBP 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 (FMIS).

If the successful applicant is a Tribe, funds will be awarded upon the execution of a grant agreement with FHWA. A determination will be made if the awardee will administer the project or options may include an applicable State DOT or FHWA Federal Lands Highway Division.

6. Availability of Funds

Awards provided with FY 2023 appropriated funding must be obligated by September 30, 2026, and expended by September 30, 2031. Awards provided with FY 2024 funding must be obligated by September 30, 2027, and expended by September 30, 2032. Obligation of a NSBP grant occurs when a selected applicant enters a project/grant 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 “Physical Construction Authorization” for State DOT applicants or

2 CFR 200.318 – 327 for non-State DOT applicants.

7. 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 the

“FMIS” and the start of the period of performance will begin on the date NSBP funds are obligated in FMIS and end on the project end date in FMIS.

If a grant recipient will be a Tribe, the DOT Payment System will be “DELPHI eInvoicing” and the start of the period of performance will begin on the date of the grant agreement executed by

FHWA which will obligate the NSBP and end on the period of performance that is listed in the grant agreement.

SECTION C – ELIGIBILITY INFORMATION

To be selected for a grant, an applicant must meet the eligibility requirements under Section C, including Eligible Applicant; Eligible Project; and Statutory Cost Sharing or Match requirements. Applications that do not meet these eligibility requirements will not be evaluated under criteria in Section E.

Statutory Eligibility

(a) Applicants must clearly identify applicant and project eligibility:

1. The State DOT or Indian Tribe applying for funding (23 U.S.C. 162(b)(1)).

2. The type of byway designation (National Scenic Byways, All-American Road, State scenic byway, or Indian Tribe scenic byway (23 U.S.C. 162(b)(1)(A)(i) –

(v)).

3. The eligible project under 23 U.S.C. 162(c).

(b) Applicants must also include an explanation as to how the project will protect the scenic, historical, recreational, cultural, natural, and archaeological integrity of a highway and adjacent areas. (23 U.S.C. 162(d))

1. ELIGIBLE APPLICANTS

Eligible applicants for the NSBP discretionary grants are (1) States and (2) Indian Tribes (23

U.S.C. 162(b)(1)). For the purpose of this program and as defined in section 4 of the Indian Self-

Determination and Education Assistance Act (25 U.S.C. 5304), Indian Tribe means any Indian

Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native

Claims Settlement Act (85 Stat. 688) (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians (49 U.S.C. 6703(a)(2)).

Other entities may partner with a State DOT or Tribal government to submit an application, but the eligible applicant (i.e., recipient) must be a State DOT or Indian Tribe.

2. COST SHARING OR MATCHING

Per 23 U.S.C. 162(f), the “Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway project along a public road that provides access to or within Federal or Indian land, a Federal Land Management Agency

(FLMA) may use funds authorized for use by the agency as the non-Federal share.” The phrase

“80 percent” means up to 80 percent of total eligible project costs. Information on calculating non-Federal share can be found at https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements. Private, local, Indian Tribe and State funds may be used as the non-Federal matching share. Additional information on non-Federal https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements matching requirements can be found at https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm.

Property and materials are accepted toward the match share if the source is an individual or a private entity, local government, or Indian Tribe applying through the State DOT. Services are accepted toward the match share if the source is an individual or a private entity, local government, or Indian Tribe applying through the State DOT directly to FHWA.

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.b.II for information about documenting cost sharing in the application.

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.

3. OTHER

i. Number of Applications

A State DOT or Tribe may submit more than one application; however, only one project may be included in each application. If a State DOT or Tribe is submitting more than one application, when submitting each application, please inform FHWA its priority over the others by numeral ranking with “1” being the highest priority.

ii. Multi-State and Multi-Tribe Applications

State DOTs may submit multi-State byway applications and Indian Tribes may submit multi-Tribe byway applications for funding. For purposes of the grant administration, a multi-State or multi-Tribe grant is an arrangement whereby one State DOT or Indian

Tribe agrees to serve as the lead State DOT or lead Indian Tribe for preparing and submitting a single grant application, as well as administering the grant. The lead State

DOT or lead Indian Tribe determines the priority for the multi-State or multi-Tribe grant.

Similarly, if the proposed project falls on or is adjacent to both State DOT and Tribal land, the State DOT and Tribe should coordinate to determine who will act as lead for preparing and submitting the application.

iii. Federal Land Management Agencies

An FLMA is not eligible to apply for NSBP discretionary grants. The FLMAs may coordinate with States or Tribes to submit an application but may not act as lead applicant. If funding is awarded, a State DOT or Tribe may enter into an agreement with an FLMA to carry out the project. In addition, a State may request that funding be directly allocated to the FLMA for administration under an agreement in accordance with

23 U.S.C. 132.

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

iv. Eligible Projects

Under 23 U.S.C. 162(c), eligible projects to receive a NSBP grant are limited to the following:

1. An activity related to the planning, design, or development of a State or Indian Tribe scenic byway program.

2. Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities.

3. Safety improvements to a State scenic byway, Indian Tribe scenic byway, National

Scenic Byways or All-American Road (collectively America's Byways®) to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byway, Indian Tribe scenic byway, National Scenic Byway, or All-American Road.

4. Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility.

5. An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation.

6. Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adjacent to a scenic byway.

7. Development and provision of tourist information to the public, including interpretive information about a scenic byway.

8. Development and implementation of a scenic byway marketing program.

v. Eligible Highways

NSBP-eligible projects may only be implemented on highways designated in 23 U.S.C.

162(b)(1)(A)(i) – (v) as follows:

1. National Scenic Byways;

2. All-American Roads;

3. America’s Byways;4

4. State scenic byways; or

5. Indian Tribe scenic byways.

vi. Limitation on Award of NSBP Grants

Under 23 U.S.C. 162(d), the Secretary shall not make a grant under 23 U.S.C. 162 for any project that would not protect the scenic, historical, recreational, cultural, natural, or archaeological integrity of a highway or adjacent areas.

4 America's Byways® is the umbrella term FHWA uses for the collection of 184 distinct and diverse roads designated by the U.S. Secretary of Transportation. America's Byways include the National Scenic Byways and All-

American Roads.

SECTION D - APPLICATION AND SUBMISSION INFORMATION

1. ADDRESS TO REQUEST APPLICATION PACKAGE

All application materials may be found on at http://www.grants.gov.

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

• Opportunity Number: 693JJ324NF00029

• Opportunity Name: NATIONAL SCENIC BYWAYS PROGRAM-2024

• 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 23 and 24 NSBP application.

For Teletypewriter/Telephone Device for the Deaf (TTY/TDD) users, please call 711. 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:

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Avenue, SE.

Washington, DC 20590

Team Leader, Grants Support

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Avenue, SE.

Washington, DC 20590

Office hours are from 9:00 a.m. to 3:00 p.m., Eastern Time, Monday through Friday, except

Federal holidays.

http://www.grants.gov/ file:///C:/Users/kenan.hall/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/Q693WLCO/grants.gov

2. CONTENT AND FORM OF SUBMISSION

i. Application

All applications must be submitted electronically through grants.gov.

Note: DOT may share application information within DOT or with other Federal Agencies if

DOT determines that sharing is relevant to the respective program’s objectives.

The application must include the Standard Form 424 (Application for Federal Assistance), Standard Form 424C (Budget Information for Construction Programs) or Standard Form 424A

(Budget Information for Non-Construction Programs) and a Project Narrative.

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

II. Grant Funds, Sources and Uses of all

Project Funding

See D.2.II

III. Merit Criteria See D.2.III

IV. Project Readiness and Environmental

Risk

See D.2.IV

V. Statutorily Required Project Selection

Priorities and FHWA Priority Selection

Considerations

See D.2.V

The project narrative should provide information necessary for FHWA to determine that the project satisfies project requirements described in Section C for the grant program and to assess the merit criteria specified in Section E.1.

To the extent practicable, applicants should provide supporting data and documentation in a form that is publicly available and 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. To ensure a fair and unbiased evaluation of applications submitted under this NOFO, FHWA will not request additional information to perfect incomplete applications.

In addition to the information submitted in an application template, applicants should submit a detailed statement of work (SOW), detailed project schedule, and detailed project budget.

https://www.grants.gov/

Applicants must submit narratives to support these project elements and should include a table of contents, maps, and graphics, as appropriate, to make the information easier to review.

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). The project narrative may not exceed 10 pages in length. Appendices may include documents supporting assertions or conclusions made in the 10-page project narrative and do not count towards the 10-page limit. If possible, Website links to supporting documentation 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. At the applicant’s discretion, relevant materials provided previously to a Modal Administration in support of a different FHWA financial assistance program may be referenced and described as unchanged. FHWA recommends using appropriately descriptive final names (e.g., “Project

Narrative,” “Maps,” “Memoranda of Understanding and Letters of Support,” etc.) for all attachments. DOT recommends applications include the following sections:

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

The project narrative should be submitted in a single PDF document and should thoroughly address each of the below statutory eligibility criteria and merit criteria with as much detail as possible, without exceeding the overall page limit. FHWA recommends that the Basic Project

Information section follow the outline below to address the program requirements and assist evaluators in locating relevant information:

1. Name/title of proposed project.

2. The State DOT or Indian Tribe applying for funding (23 U.S.C. 162(b)(1)).

3. Name and contact information for the State DOT or Tribal applicant point of contact.

4. Name of the byway(s) impacted by the proposed project, and whether the project is a statewide or multi-State project.

5. Designation type of the byway(s) impacted by the proposed project (National Scenic

Byway, All-American Road, State scenic byway, or Indian Tribe scenic byway) (23

U.S.C. 162(b)(1)(A)(i) – (v)).

6. The primary project type under which the proposed project aligns (23 U.S.C. 162(c)).

7. If applicable, the additional project types identified.

8. Project Abstract (maximum five sentences): Summarize project work that would be completed under the project. The project abstract must succinctly describe how the specific request for NSBP funds would be used to complete the project.

(a) Project Description

The applicant should provide detailed information about the project, including current challenges and how the project would address these challenges. The project description must also detail how the project will protect the scenic, historical, recreational, cultural, natural, and archaeological integrity of a highway and adjacent areas (23 U.S.C. 162(d)).

The applicant should provide a concise discussion of the project’s history and a description of any previously incurred costs. The applicant may use this section to place the project into a broader context of other infrastructure investments being pursued by the project sponsor.

To the extent possible, FHWA encourages, but is not requiring, applicants to identify the degree to which the project may contribute to the functioning and growth of the economy, including the extent to which the project addresses congestion or freight connectivity, bridges service gaps in rural areas, or promotes greater land-use productivity, including main street revitalization or locally-driven density decisions that support equitable commercial and mixed-income residential development.

This section of the application should also 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 2024 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. 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.

(b) Project Location

The applicant should describe in the application the project location, including a detailed geographical description of the proposed project and a listing of project zip codes, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location. 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”[1] and “rural areas”[2] under 23 U.S.C. and Bureau of the Census 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).”

https://hepgis-usdot.hub.arcgis.com/pages/036f196d89d94e899ed27b0cb40f34de https://gbc-word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en-us&rs=en-us&wopisrc=https%3A%2F%2Fusdot.sharepoint.com%2Fteams%2Fvolpe-proj-HW9MA-HEPH%2F_vti_bin%2Fwopi.ashx%2Ffiles%2F2ef12f9df82343f58813b9850590348e&wdenableroaming=1&mscc=1&hid=8e9b95c3-6cd6-4a45-9eb8-9054357aa2d0.0&uih=teams&uiembed=1&wdlcid=en-us&jsapi=1&jsapiver=v2&corrid=e2e95dd0-194f-493c-b177-e992fa973dc8&usid=e2e95dd0-194f-493c-b177-e992fa973dc8&newsession=1&sftc=1&uihit=UnifiedUiHostTeams&muv=v1&accloop=1&sdr=6&scnd=1&sat=1&rat=1&sams=1&mtf=1&sfp=1&halh=1&hch=1&hmh=1&hwfh=1&hsth=1&sih=1&unh=1&onw=1&dchat=1&sc=%7B%22pmo%22%3A%22https%3A%2F%2Fwww.microsoft365.com%22%2C%22pmshare%22%3Atrue%7D&ctp=LeastProtected&rct=Normal&wdorigin=TEAMS-ELECTRON.teamsSdk.openFilePreview&wdhostclicktime=1695740677515&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlush#_ftn1 https://gbc-word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en-us&rs=en-us&wopisrc=https%3A%2F%2Fusdot.sharepoint.com%2Fteams%2Fvolpe-proj-HW9MA-HEPH%2F_vti_bin%2Fwopi.ashx%2Ffiles%2F2ef12f9df82343f58813b9850590348e&wdenableroaming=1&mscc=1&hid=8e9b95c3-6cd6-4a45-9eb8-9054357aa2d0.0&uih=teams&uiembed=1&wdlcid=en-us&jsapi=1&jsapiver=v2&corrid=e2e95dd0-194f-493c-b177-e992fa973dc8&usid=e2e95dd0-194f-493c-b177-e992fa973dc8&newsession=1&sftc=1&uihit=UnifiedUiHostTeams&muv=v1&accloop=1&sdr=6&scnd=1&sat=1&rat=1&sams=1&mtf=1&sfp=1&halh=1&hch=1&hmh=1&hwfh=1&hsth=1&sih=1&unh=1&onw=1&dchat=1&sc=%7B%22pmo%22%3A%22https%3A%2F%2Fwww.microsoft365.com%22%2C%22pmshare%22%3Atrue%7D&ctp=LeastProtected&rct=Normal&wdorigin=TEAMS-ELECTRON.teamsSdk.openFilePreview&wdhostclicktime=1695740677515&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlush#_ftn2 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

The application should also identify:

i. If the project is located within the boundary of a 2020 Census-designated Urbanized

Area, the application should identify the Urbanized Area;5 and

ii. Whether the project is located in one of four federally designated community development zones (Opportunity Zones, Empowerment Zones, Promise Zones, or

Choice Neighborhoods).

Information under (ii) may be used for DOT’s internal data tracking.

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

The applicant 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) NSBP 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 NSBP 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.

Non-Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue-funded programs, or private funds.

If the 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 the

NSBP statutory cost-sharing requirements under Section C 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

5 Lists of Urbanized Areas are available on the Census Bureau Website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ and maps are available at https://tigerweb.geo.census.gov/tigerweb/.

http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ https://tigerweb.geo.census.gov/tigerweb/ 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.

III. Merit Criteria

The applicant should describe how the proposal meets the Merit Criteria under Section E.1.

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. To assist with 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. Applicants are not required to follow the specific format described here, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators.

(a) 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 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 SOW that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. The applicant must demonstrate compliance with Title VI/Civil Rights requirements, to ensure that no person is excluded from participation, denied benefits, or otherwise subjected to discrimination under any program or activity, on the basis of race, color, national origin, sex, age, or disability.

(b) 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 (STIP)); start and completion of the National Environmental Policy Act (NEPA) and other Federal environmental reviews and approvals, including permitting, design completion, right-of-way acquisition, approval of plans, specifications and estimates; procurement; State and local approvals; 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 NSBP funds to be obligated6 sufficiently in advance of the statutory deadline and that any unexpected delays will not put the funds at risk of expiring before they are obligated;

• All real property and right-of-way acquisition necessary for the project will be completed in a timely manner in accordance with 49 CFR part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary. A plan for securing any required right-of-way agreements should be included. If applicable, this section should describe a right-of-way acquisition plan that minimally disrupts communities and maintains community cohesion.

(c) Required Approvals

i. Environmental Permits and Reviews. The application should provide documentation of receipt (or the schedule for anticipated receipt) of all environmental approvals and permits necessary for the project to meet the project delivery timeline specified in the project schedule, and necessary to…