FY23 - FY26 Culvert AOP NOFO 693JJ324NF00025.pdf

National Culvert Removal Replacement and Restoration Grant Program

Notice of Funding Opportunity Number 693JJ324NF00025

FISCAL YEARS (FY) 2023 – 2026

SUMMARY OVERVIEW OF KEY INFORMATION: FYs 2023 through 2026 (Year Two through Year Five) National Culvert Removal, Replacement and Restoration Grant Program

(Culvert Aquatic Organism Passage (Culvert AOP) Program).

Issuing

Agency

Federal Highway Administration, U.S. Department of Transportation

Program

Overview

Awards grants to eligible applicants for projects for the replacement, removal, and repair of culverts or weirs that would meaningfully improve or restore fish passage for anadromous fish.

Goals and

Objective

The primary objective of the Culvert AOP Program is to meaningfully improve or restore anadromous fish passage through the replacement, removal, or repair of culverts or weirs, which may include infrastructure to facilitate fish passage around or over the weir and weir improvements.

Eligible

Applicants

States, units of local government, and Indian Tribes.

Eligible

Project

Types

Culverts and Weirs having a transportation nexus and posing barriers to anadromous fish. With respect to weirs, projects may include infrastructure to facilitate fish passage around or over the weir and weir improvements.

A weir is a constructed barrier on a stream channel designed to provide hydraulic control without completely stopping flow or creating a large storage impoundment. A dam is not a weir for the purposes of this program.

Funding Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021), also known as the “Bipartisan Infrastructure Law,” provides $200 million annually for FY 2022-2026.

DOT intends to use $4 million annually to pay the administrative expenses necessary to carry out the program, in accordance with 49 U.S.C. 6703(h), leaving $196 million available annually, along with any unused funds from previous FYs, including FY 2022.

Opening

Dates:

• FY 2023 Opening: Tuesday, June 25, 2024

• FY 2024 Opening: Monday, June 23, 2025

• FY 2025 Opening: Monday, June 22, 2026

• FY 2026 Opening: Monday, June 21, 2027

Deadline • FY 2023 Deadline: Monday, September 23, 2024

• FY 2024 Deadline: Monday, August 25, 2025

• FY 2025 Deadline: Monday, August 24, 2026

• FY 2026 Deadline: Monday, August 23, 2027

Cost-Share 80 percent Federal share for grants to States or units of local government

(requiring a 20 percent match).

100 percent Federal share for grants to Indian Tribes (requiring no match).

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for Fiscal Year (FY) 2023 through FY 2026 National

Culvert Removal, Replacement, and Restoration Grant Program

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

(FHWA)

ACTION: Notice of Funding Opportunity (NOFO)

SUMMARY:

The purpose of this NOFO is to solicit applications for the National Culvert Removal, Replacement, and Restoration Grant Program. The program is referred to in this NOFO as the

Culvert Aquatic Organism Passage (AOP) Program. This NOFO establishes a multi-year funding opportunity for applicants to submit projects for the remaining available amount of funds provided to the Culvert AOP Program in division J of Title VIII of the Infrastructure

Investment and Jobs Act (also known as the “Bipartisan Infrastructure Law” or BIL), covering funds available for FY 2023 through FY 2026. This NOFO will result in the distribution of up to

$784 million along with any unobligated funds from FY 2022, with at least $196 million distributed for each of FYs 2023 through 2026. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

The DOT will award Culvert AOP Program funds on a competitive basis for the replacement, removal, repair, and improvement of culverts or weirs that would meaningfully improve or restore fish passage for anadromous fish. See 49 U.S.C 6703. 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:

See the table below for important dates and deadlines for FYs 2023 – 2026 applications. All days for the open application period represent calendar days (i.e., not working days).

Activity

Funding Year (Fiscal Year)

Year Two

(FY23)

Year Three

(FY24)

Year Four

(FY25)

Year Five

(FY26)

NOFO Release 6/25/2024 6/23/2025 6/22/2026 6/21/2027

Minimum Number of Days of Application Open Period

90 days 60 days 60 days 60 days

Activity

Funding Year (Fiscal Year)

Year Two

(FY23)

Year Three

(FY24)

Year Four

(FY25)

Year Five

(FY26)

NOFO Close 9/23/2024 8/25/2025 8/24/2026 8/23/2027

Applicants that are properly registered1 in Grants.gov can only submit applications via the

Workspace function starting with the NOFO release date and ending on the NOFO close date indicated above for each FY. Applications must be submitted electronically through Grants.gov no later than 11:59 p.m., Eastern Time, on those “NOFO Close” dates for any Funding Year the applicant wishes to apply for funding. The Grants.gov “Apply” function will open by the NOFO

Release Date and will close after the NOFO Close Date.

DOT encourages applicants to submit applications in advance of the applicable application deadline for Year Two through Year Five funds after the Application Open Period begins;

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

For each Application Open Period, DOT plans to conduct outreach regarding the Culvert AOP

Program in the form of a virtual meeting (Webinar) after the NOFO period opens, and before the

NOFO period closes. The Webinar will be conducted in cooperation with the U.S. Fish and

Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). To view upcoming

Webinars and register, please follow the instructions posted on Culvert AOP Program Website

(FHWA). Webinars will be recorded and posted on DOT's Website at Culvert AOP Program

Website (FHWA). 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

Assistance Listing (formerly known as the Catalog of Federal Domestic Assistance Number

(CFDA)): 20.205, Highway Planning and Construction.

FOR FURTHER INFORMATION CONTACT:

Points of contact are listed in Section D.1.

Refer to Section A.3 for information about submitting questions to DOT.

SUPPLEMENTARY INFORMATION:

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

1 grants.gov/applicants/applicant-registration http://www.grants.gov/ https://www.fhwa.dot.gov/engineering/hydraulics/culverthyd/aquatic/culvertaop.cfm https://www.fhwa.dot.gov/engineering/hydraulics/culverthyd/aquatic/culvertaop.cfm https://www.fhwa.dot.gov/engineering/hydraulics/culverthyd/aquatic/culvertaop.cfm https://www.fhwa.dot.gov/engineering/hydraulics/culverthyd/aquatic/culvertaop.cfm https://www.grants.gov/ https://www.grants.gov/applicants/applicant-registration

Table of Contents

SECTION A — PROGRAM DESCRIPTION

SECTION B — FEDERAL AWARD INFORMATION

SECTION C — ELIGIBILITY INFORMATION

SECTION D — APPLICATION AND SUBMISSION INFORMATION

SECTION E — APPLICATION REVIEW INFORMATION

SECTION F — FEDERAL AWARD ADMINISTRATION INFORMATION

SECTION G — FEDERAL AWARDING AGENCY CONTACTS

SECTION H — OTHER INFORMATION

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

Reduction Act. The use of Standard Forms 424, 424A, 424B, 424C, 424D, and SF-LLL has been approved by Office of Management and Budget (OMB) Control Number 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.

NOTE: DOT uses 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 this site for any updates to this NOFO.

NOTE: To assist potential applicants to understand terminology and nomenclature, this NOFO will denote defined terms (found in Section H.4) using hyperlinks the first time this NOFO uses that term.

http://grants.gov/

SECTION A - PROGRAM DESCRIPTION

1) Overview

The Infrastructure Investment and Jobs Act of 2021 (Pub. L. 117-58, November 15, 2021, “Bipartisan Infrastructure Law,” or “BIL”) appropriated $200 million,1 annually, for Federal

Fiscal Year (FY) 2022 through 2026 to be awarded by DOT for Aquatic Organism Passage

(AOP) under the National Culvert Removal, Replacement, and Restoration Grant Program under

49 U.S.C. 6703 (Culvert AOP Program). The program provides competitive grants for the replacement, removal, and repair of culverts or weirs that: (1) would meaningfully improve or restore fish passage for anadromous fish; and (2) with respect to weirs, may include (A) infrastructure to facilitate anadromous fish passage around or over the weir; and (B) weir improvements (49 U.S.C. 6703(b)).

On October 6, 2022, the U.S. Department of Transportation (DOT) issued a NOFO soliciting applications for $196 million in FY 2022 Culvert AOP Program funds. DOT awarded

$195,877,358 to 59 applications from Tribal, State, and local governments to advance improvements at 169 locations nationwide.

This NOFO covers funds available for FY 2023 through 2026, along with any unused funds from

FY 2022. Eligible applicants may apply for a specific fiscal year of funding at any time between the opening of the respective fiscal year’s application period up to the application deadline for that fiscal year.

The Culvert AOP Program seeks applications from States and a diverse array of local units of government and Indian Tribes regardless of size, location, and experience administering Federal funding awards who are seeking projects to improve or restore fish passage for anadromous fish.

The primary goal of the Culvert AOP Program is to improve or restore anadromous fish passage through the replacement, removal, repair, or improvement of culverts or weirs. The grant program prioritizes projects that would improve fish passage for: (A) anadromous fish stocks listed as an endangered species or a threatened species under Section 4 of the Endangered

Species Act of 1973 (16 U.S.C. 1533); (B) anadromous fish stocks identified by the National

Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS) that could reasonably become listed as an endangered species or a threatened species under that Section;

(C) anadromous fish stocks identified by the NMFS or the USFWS as prey for endangered species, threatened species, or protected species, including southern resident orcas (Orcinus orca); or (D) anadromous fish stocks identified by the NMFS or the USFWS as climate resilient

1 Section 21203(i) of BIL authorizes to be appropriated $800 million to carry out the program for each of FY 2022 through 2026. Under Title VIII of Division J of BIL an additional amount of $1 billion is to remain available until expended for the Culvert AOP Program, as authorized by 49 U.S.C. 6703, provided that $200 million is to remain available until expended for each individual FY 2022 through 2026. Due to the 2 percent authorized for administrative expenses necessary to carry out the program under 49 U.S.C. 6703, $196 million is available for award for each individual FY from FY 2023 to FY 2026 under this notice.

stocks (49 U.S.C. 6703(e)(1)).2 The program also prioritizes projects that would open up more than 200 meters of upstream (anadromous) habitat before the end of the natural habitat (49

U.S.C. 6703(e)(2)).

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.3

Section E of this NOFO, which outlines the Culvert AOP Program grant selection criteria, describes the process for selecting projects that further these goals. Section F.4 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 goals, as appropriate.

2) Additional Information

i. The Culvert AOP Program grant is described in the Federal Assistance Listings under the assistance listing program title “Highway Planning and Construction” and assistance listing number 20.205.

ii. DOT 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.

a. The applicant should identify any other DOT programs and opportunities they intend to apply for (or utilize 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.b.ii.

3) Technical Assistance

To support applicants, DOT will provide technical and interagency resources at the Culvert AOP

Program Website (FHWA). In accordance with 49 U.S.C 6703(g), DOT will also provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures. DOT will not, however, review applications in advance or provide guidance to an applicant regarding how to address any information that should be

2 See definitions of this terms in Section H.4. These all refer to Federal classifications.

3 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).

https://www.fhwa.dot.gov/engineering/hydraulics/culverthyd/aquatic/culvertaop.cfm https://www.fhwa.dot.gov/engineering/hydraulics/culverthyd/aquatic/culvertaop.cfm included in an application. As appropriate, DOT will post answers to questions and requests for clarifications at Grants.gov under this NOFO’s page.

Additional information and resources for technical assistance can be found on DOT Navigator

(https://www.transportation.gov/dot-navigator) and the BIL Technical Assistance Webpage

(https://www.fhwa.dot.gov/bipartisan-infrastructure-law/technical_support.cfm).

4) Changes from the FY 2022 (Year One) NOFO

The following summarizes major changes from the FY 2022 (Year One) NOFO:

• Changes to a multi-year NOFO. This NOFO sets out the application requirements and dates for funding available in FY 2023 through FY 2026.

• Establishes different application periods. It is important to note that the application period for the first round of funding under this notice for FY 2023 is

90 days long, whereas the application periods for all remaining FYs of funding

(FY 2024 through FY 2026) are 60 days.

• Provides clarifying language with regards to advance payment in Section B.5 to clarify that recipients and sub-recipients have the option to request alternative funding arrangements.

• Adds language to strongly encourage use of NOFO application template

(Attachment 1).

• Provides clarifying language to Selection Criteria in Section E.1 as a result of feedback and consultation on the Year One NOFO.

https://www.transportation.gov/dot-navigator https://www.fhwa.dot.gov/bipartisan-infrastructure-law/technical_support.cfm

SECTION B - FEDERAL AWARD INFORMATION

1) Award Amount Available

The BIL appropriated a total of $200 million in Culvert AOP Program funding for each FY from

FY 2023 (Year Two) through FY 2026 (Year Five). Pursuant to 49 U.S.C. 6703(h), up to 2 percent of this funding may be used to pay the administrative expenses necessary to carry out the program. DOT therefore intends to use 2 percent of the $200 million in available funding ($4 million) on administrative expenses each FY, leaving $196 million available for grants for Year

Two through Year Five, along with any additional funding available from FY 2022. If DOT does not award and obligate all funds available for a FY, DOT may carry over any unobligated funds to be awarded in the next FY or publish additional solicitations. FY 2025 funds cannot be obligated before October 1, 2024, and FY 2026 funds cannot be obligated before October 1, 2025.

2) Award Size

There is no minimum or maximum award size for the Culvert AOP Program. From funding available each FY, DOT anticipates awarding Culvert AOP Program Grants ranging from

$200,000 to $50 million. DOT reserves the discretion to consider award sizes outside the anticipated award range listed above upon receiving the full pool of applications and assessing the needs of the program in relation to the Culvert AOP Program grant priorities in Section A.1 and considerations and criteria found in Section E.1.

For reference, in Year One, the Culvert AOP program awarded $195.8 million in grants to 59 applicants for improvements at 169 locations, with the minimum award being $211,564, largest award being $20 million, and average award being $3.3 million.

3) Statutory Funding Provisions

Culvert AOP Program funds are available until expended.

4) Previous Culvert AOP Program Awards

Recipients of Culvert AOP Program grants may apply for additional Culvert AOP Program funding to support additional phases or components of a project previously awarded Culvert

AOP Program funds. 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 overall project. A previous Culvert AOP

Program award, or application, does not affect competitiveness under this NOFO.

While DOT may award grants to support additional phases or components of a previously awarded project, DOT will not award additional Culvert AOP Program funds for the same work covered by a previous Culvert AOP Program grant award.

5) Type of Award

An applicant awarded a grant will execute a grant agreement with the applicable DOT Operating

Administration (such as the Federal Highway Administration (FHWA), Federal Transit

Administration (FTA), or Federal Railroad Administration (FRA)). Procedures for grant administration may vary based on the DOT Operating Administration administrating the grant.1

The applicable DOT Operating Administration may consider cooperative agreements on a case-by-case basis in which substantial involvement between the DOT Operating Administration and the recipient is anticipated.

DOT will primarily administer grants on a reimbursement basis. Recipients or sub-recipients do have the option to request alternative funding arrangements. Under the reimbursement approach, Culvert AOP Program funds will reimburse recipients only for costs incurred after execution of

Culvert grants that DOT determines to be allowable, reasonable, and allocable, as defined under

2 CFR Part 200, and after the recipient submits valid requests for reimbursement. If the recipient or sub-recipients requests alternative funding arrangements, DOT will consider these arrangements and determine allowance at its sole discretion and in accordance with 2 CFR

200.305.

6) Availability of Funds

Obligation of a Culvert AOP grant occurs when a selected applicant enters a project agreement with the DOT and DOT authorizes the project to proceed. For construction grants, this is generally after the applicant has satisfied applicable administrative requirements, including transportation and environmental review requirements and compliance with 2 CFR 200.317-

200.327.

7) Period of Performance

If a grant recipient will be a State department of transportation (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 Fiscal Management Information System (FMIS) and the start of the period of performance will begin on the date Culvert AOP Program funds are obligated in 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 eInvoicing” and the start of the period of performance will begin on the date of the grant agreement executed by DOT which will obligate the Culvert AOP Program and end on the period of performance that is listed in the grant agreement.

1 For example, for funds administered by FHWA, 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, Culvert AOP Program funds will be awarded upon the execution of a project agreement, which is a type of grant agreement for the administration of funds to a State DOT in the Fiscal Management Information System (FMIS). If the successful applicant is a non-State DOT, Culvert AOP Program 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 whether a State

DOT will administer the project at the request of the successful applicant.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-2%2Fsubtitle-A%2Fchapter-II%2Fpart-200%3Ftoc%3D1&data=05%7C02%7CJoseph.Krolak%40dot.gov%7C61f14db9fa7b42b4677608dc3310b7b5%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638441394092965585%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=O40unPw3c%2BCGC2PS1oTfxrBy%2FBSeBo74llM9ONzgEsE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-2%2Fsubtitle-A%2Fchapter-II%2Fpart-200%2Fsubpart-D%2Fsection-200.305&data=05%7C02%7CJoseph.Krolak%40dot.gov%7C61f14db9fa7b42b4677608dc3310b7b5%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638441394092977602%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=c8uqGqjtn5A7hypa8%2BFpJizjb20EVNDo5C2cjmIHXXA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-2%2Fsubtitle-A%2Fchapter-II%2Fpart-200%2Fsubpart-D%2Fsection-200.305&data=05%7C02%7CJoseph.Krolak%40dot.gov%7C61f14db9fa7b42b4677608dc3310b7b5%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638441394092977602%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=c8uqGqjtn5A7hypa8%2BFpJizjb20EVNDo5C2cjmIHXXA%3D&reserved=0

SECTION C - ELIGIBILITY INFORMATION

To be selected for a grant, an applicant must meet the eligibility requirements under this section, including the following: Eligible Applicant; Statutory Cost Sharing or Match; and Eligible

Project requirements. Applications that do not meet these threshold eligibility requirements will not be evaluated under criteria in Section E.1.

1) Eligible Applicants

Eligible Applicants are: (1) States; (2) units of local government; and (3) Indian Tribes (49

U.S.C. 6703(c)). 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)).

Multiple Eligible Applicants may submit a joint application. Such applications should identify a

Lead Applicant as the primary point of contact and identify the primary recipient of the award.

The requirements applicable to the Lead Applicant will apply to a joint application that receives

Culvert AOP Program funding. Joint applications should include a description of the roles and responsibilities of each applicant. Although not required, applicants without experience with

DOT funding requirements may consider jointly applying with another Eligible Applicant with an established financial relationship with DOT and knowledge of Federal grant administration requirements, which may minimize delays in establishing and implementing funding agreements.

2) Cost Sharing or Matching

a) Cost-share for a State or a unit of local government

Per 49 U.S.C. 6703(f), there is an 80 percent limit to the Federal share of the total project costs1 of carrying out a project with a grant to a State or a unit of local government under the Culvert

AOP Program. Recipients are required to contribute a local matching share of no less than 20 percent of eligible activities of the total project costs.

Additional information on non-Federal matching requirements can be found at https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements.

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

1 For example, on a $5 million project, the maximum Federal share would be $4 million (80 percent times $5 million) and the minimum required matching would be $1 million (20 percent times $5 million).

https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements

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, DOT expects the project to be completed using at least the level of non-Federal funding that was specified in the application.

b) Cost-share for Indian Tribes

The Culvert AOP Program does not require Indian Tribes to provide a cost share.

3) Other

a) Number of Applications

There is no limitation on the number of applications that an Eligible Applicant may submit.

Each application must be complete and be able to stand on its own merits. DOT encourages joint applications from Eligible Applicants with a lead applicant identified.

An Eligible Applicant may bundle two or more otherwise Eligible Projects as a single application. DOT reserves the right to partially fund applications with bundled projects, partially fund any individual projects enclosed within a bundled application, or partially fund any components of an individual project enclosed within a bundled application. If applicants choose to bundle projects, bundled projects should provide additive value to an eligible stock, watershed, or region.

b) Eligible Projects

Eligible Projects must: (1) meaningfully improve or restore fish passage for anadromous fish;

and (2) involve the replacement, removal, or repair of culverts or weirs. With respect to weirs, an Eligible Project may also include infrastructure to facilitate fish passage around or over the weir and weir improvements. See 49 U.S.C. 6703(b). Eligible Projects should also: (3) have a transportation nexus (e.g., involve, relate to, or be situated in close proximity to a road/rail crossing, pipeline, highway, or other transportation infrastructure).2

Applications may propose a project (or bundled multiple projects) that may include non-construction activities, construction activities, or both. Non-construction activities can include planning, feasibility analyses, revenue forecasting, environmental review, preliminary engineering and design studies, and other preconstruction activities. Construction activities can include replacement and preservation, reconstruction, rehabilitation, acquisition of real property

(including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.

Eligible grant activities may include preliminary and detailed design studies and associated environmental studies; predevelopment/preconstruction; preliminary engineering; acquisition of rights-of-way; consultation and permitting activities; completion of environmental review under

2 The Culvert AOP Program is located under Chapter 67, Multimodal Infrastructure Investments, of Title 49, Transportation, of the U.S.C.

the National Environmental Policy Act (NEPA) process; the replacement, removal, or repair of culverts or weirs, or weir improvements; and the replacement of an eligible facility with a new facility that meaningfully restores fish passage, as well as performing data collection and monitoring prior to, during, and following construction activities funded by the Culvert AOP

Program. See 2 CFR § 200.403. DOT recognizes that some potential projects may focus on subsets of activities within project development (e.g., environmental studies and reviews, preliminary engineering) or propose to complete project activities (e.g., final design and construction). DOT will allow proposed projects that include subsets of these activities or that propose to complete project activities. Proposals may also include capacity-building and stakeholder engagement to support the project activities.

Costs of replacing, removing, or repairing culverts or weirs that are the subject of a settlement agreement or court order3 are eligible under the Culvert AOP Program, and are reimbursable if awarded a grant under this program and incurred pursuant to such award.

3 For example, the 2013 “Permanent Injunction Regarding Culvert Correction” issued by the U.S. District Court for the Western District of Washington.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRea20080eff2ea53/section-200.403

SECTION D - APPLICATION AND SUBMISSION INFORMATION

1) Address to Request Application Package

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

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

• Opportunity Number: 693JJ324NF00025

• Opportunity Name: FY 2023-FY 2026 National Culvert Removal, Replacement, and

Restoration Grant 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 a Culvert AOP Program application.

For a 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 address below.

Requests should be sent to:

Ryan Buck

Agreement Officer

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE., Mailstop E62-204

Washington, DC 20590-0001

Email: CulvertAOP@dot.gov (preferred)

Phone: (202) 366-4229

Alternate:

Robin Hobbs

Agreement Officer/Team Leader

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE., Mailstop E62-204

Washington, DC 20590-0001

Email: CulvertAOP@dot.gov (preferred)

Phone: (202) 366-4004 http://www.grants.gov/ mailto:culvertaop@dot.gov mailto:culvertaop@dot.gov

2) Content and Form of Application Submission

a) Application Overview

All applications must be submitted electronically through Grants.gov.

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

NOTE: For the purposes of Section D.2 “project” can refer to a single project under an unbundled application or multiple projects within an application that are bundled as described in

Section C.3.a.

The application package must consist of the following:

Required Forms for Non-Construction

Project Applications:

Required Forms for Construction Project

Applications:

Standard Form 424 (Application for Federal

Assistance)

Standard Form 424 (Application for Federal

Assistance)

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)

Standard Form 424A (Budget Information for

Non-Construction Programs)

Standard Form 424C (Budget Information for

Construction Programs)

DOT strongly suggests also including the template provided in Error! Reference source not found. as part of the application.

NOTE: All mandatory Standard Forms (SF) of the 424 family are available for download at the https://www.grants.gov/forms/forms-repository/sf-424-family.

(i) Standard Form 424

NOTE: Applicants may leave fields 5a, 5b, 6, 7, and 13 blank on the form.

NOTE: A number of separate PDF flat files must be attached in Item 15 to provide required project information that is not included in the body of the SF-424.

Instructions for adding Item 15 Attachments:

• Click on “Add Attachments” in Item 15 to open the first pop-up window. Click “Add

Attachment” and a second pop-up File Explorer/Directory window will appear, from which you can choose files to attach. Attachments can be added one at a time or all at once by holding down the CTRL key and selecting multiple files. Select “Open” to add the selected files as attachments.

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

• Click “Done” to finalize the attachments.

• Click “View Attachments” to see a list of files that have been added as attachments.

Required attachment(s) to the SF 424: The Project Narrative (see Section D.2.b) must be added as an attachment to Item 15 of the SF-424. The Culvert AOP Program strongly recommends using the Application Template (see Attachment 1) to develop the Project

Narrative.

(ii) Grants.gov Lobbying Form

(iii) Disclosure of Lobbying Activities form (SF-LLL)

(iv) Required Forms for Non-Construction Projects

Applicants proposing non-construction-related projects must submit the following forms:

1. Standard Form 424A (Budget Information for Non-Construction Programs); and

NOTE: The Standard Form 424A should be supported by a budget narrative explaining each element of cost.

(v) Required Forms for Construction Projects

Applicants proposing construction-related projects must submit the following forms:

1. Standard Form 424C (Budget Information Construction Programs); and

NOTE: The Standard Form 424C should be supported by a budget narrative explaining each element of cost.

b) Project Narrative

The project narrative should provide information necessary for DOT to determine that the project satisfies the eligibility requirements described in Section C and to evaluate the selection criteria specified in Section E.1. All project narratives should follow the outline below which will also assist evaluators in locating relevant information. DOT also recommends applicants use the

Application Template located in Attachment 1 to assist in structuring the project narrative and to ensure all appropriate information is included in the project narrative.

I.

Basic Project Information – Description, Location, and

Parties See D.2.b.i

II. Grant Funds, Sources and Uses of all Project Funding See D.2.b.ii

III. Statutorily Required Project Selection Priorities See D.2.b.iii

IV. Project Selection Criteria See D.2.b.iv

V. Project Readiness and Environmental Risk See D.2.b.v

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

As a part of the Project Narrative, applicants should include a detailed statement of work, project schedule, and project budget. As appropriate, the Project Narrative should include a table of contents, maps, and graphics, to make the information easier to review.

DOT specifies 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 must not exceed 25 pages in length. Appendices may only include documents supporting assertions or conclusions made in the 25-page project narrative and do not count towards the 25-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. DOT recommends using appropriately descriptive final names

(e.g., “Project Narrative,” “Maps,” “Memoranda of Understanding” and “Letters of Support,” etc.) for the naming and titling of all attachments. DOT recommends project narratives include the following sections:

(i) Basic Project Information – Project Description, Location, and Parties

(aa) 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 costs. The applicant should use this section to place the project into a broader conservation context, including identification of anadromous fish species and other important species that the project will benefit, existing conservation designations or plans for the watershed or project area, ecosystem restoration initiatives in the watershed or project area, and benefits of the project to ecosystem processes and functions, such as increasing ecological connectivity. The applicant may also use this section to place the project into the broader context of other infrastructure or fish passage investments being pursued or implemented by the project sponsor or other entities in the watershed, including other conservation and restoration grant programs administered by the NMFS, USFWS, and other Federal Agencies.

(bb) Project Location

The applicant should provide a concise description of the project location, 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 (e.g., latitude and longitude) describing the project location (DOT will accept GIS shapefiles under 200 MB file size).

(cc) Other Public and Private Parties

Where appropriate, the applicant should describe in detail all of the other public and private parties who are involved in delivering the application, including a specific description of the role of each entity in delivering the project.

(ii) Grant Funds, Sources and Uses of all Project Funding

The applicant should describe the budget for the entire application package, including listing each project separately, in detail and the plans for covering the full cost of the project from all sources (including the Federal share and non-Federal/matching share, if applicable).

(aa) Detailed Budget

Project budgets should show how different funding sources will share in each activity and present the data in dollars and percentages. The budget should identify other Federal funds the applicant is applying for, has been awarded, or intends to use. Funding sources should be grouped into three categories: non-Federal, current application Culvert AOP Program, and other

Federal with specific amounts for each funding source.

The application budget should identify all Federal funds (either Culvert AOP Program funds or other Federal funds) that are to be used for future eligible costs of the project, including other

Federal grants that have been awarded to the project or for which the project intends to apply in the future. For each category of Federal funds to be used for future eligible project costs, the budget should include the amount, nature, and source of any required non-Federal match for those Federal funds.

If the application contains multiple components or bundled projects, the budget should separate the costs of each component or bundled project. If the application contains projects that 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 Culvert AOP Program statutory cost-sharing or matching requirements 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. FHWA reserves the right, after an application is selected for award, to request additional supporting information and or documentation for purposes of confirming costs proposed are allowable (2 CFR 200.403)

Reasonable (2 CFR 200.404) and Allocable (2 CFR.405).

(iii) Statutorily Required Project Selection Priorities

The applicant should describe how the proposal meets the Statutorily Required Project Selection

Priorities listed at the start of Section E.

(iv) Project Selection Criteria

The applicant should describe how the proposal meets the Project Selection Criteria listed in

Section E.1.a.

Applicants should note that merit reviewers will focus on the project narrative section of the application and will not be required to reference other sections in the application package;

therefore, all relevant information to demonstrate alignment with the project selection criteria described in Section E.1.a 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.

To respond to Selection Criterion #4 the application should provide in sufficient detail:

• A description of the current condition and severity of the fish passage barrier (culvert or weir; partial or full barrier) and assessment of habitat conditions and extent upstream and downstream.

• A clear identification of design standards, guidelines, or methodology to be used for fish passage improvement, along with any relevant designs or plan sets as applicable to the specific project.

• An evaluation of site characteristics supporting the proposed fish passage approach, considering biological and engineering feasibility.

• Evidence that the applicant has chosen, or has a plan to select, a design standard or specification, applicable to the affected mode(s) of transportation, such that any project infrastructure constructed or affected by the proposed project ensures the safety of the traveling public over the anticipated service life of such infrastructure.

• In addressing the safety of the traveling public over the anticipated service life of the infrastructure, the applicant should also address maintenance responsibility over the life of the asset.

• A description of any data collection and monitoring needs or requirements, along with available data (qualitative or quantitative) or evidence supporting the proposed monitoring and evaluation approach and detail on whether these needs or requirements are proposed for pre- or post-project implementation (or both), or, if no pre- or post-project implementation monitoring will be developed or performed by the applicant, an explanation of existing or future efforts to support monitoring.

(v) Project Readiness and Environmental Risk

The application should include information that, when considered with the project budget information, is sufficient for DOT to evaluate whether the project is reasonably expected to begin in a timely manner. To assist DOT’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 application evaluators.

(aa) Technical Feasibility

The applicant should describe 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 statement of work 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.

(bb) Project Schedule

The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include:

• State and local pre-construction approvals (e.g., planning, environmental permits, other requirements), if applicable to the proposed project;

• Start and completion of NEPA and other Federal environmental reviews and approvals, including permitting;

• Design completion;

• Right-of-way acquisition;

• Approval of plans, specifications, and estimates (PS&E);

• Procurement;

• Scheduled State and local approvals for construction;

• Project partnership and implementation agreements including agreements with railroads or private property owners; and

• Construction.

The project schedule should be sufficiently detailed to demonstrate that:

• All necessary activities will be complete to allow Culvert AOP Program funds to be obligated1 timely and that any unexpected delays will not put the funds at risk of expiring before they are obligated; and

• 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, 2 CFR Part 200, and other applicable legal requirements or a statement that no acquisition is necessary. A plan for

1 Obligation for a Culvert AOP Program grant occurs when a selected applicant enters a project agreement with the

DOT Operating Administration and the DOT Operating Administration 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.

https://www.ecfr.gov/current/title-49/subtitle-A/part-24 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 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.

(cc) Required Approvals

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 meet the statutory obligation deadline if applicable, including satisfaction of all Federal, State, and local requirements and completion of the

NEPA process. Specifically, in this section the applicant may elaborate on the NEPA evaluation process. If the final Agency action with respect to NEPA occurred more than 3 years before the application date, the applicant should describe a proposed approach for updating this material in accordance with applicable NEPA reevaluation or supplementation requirements. As applicable, this section should also provide:

• Any information or documentation on reviews, approvals, and permits by other

Federal, State, or Tribal agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies, indicate the status of such actions, and provide detailed information about the status of those reviews or approvals and the timeline for such approvals.

• Environmental studies or other documents that describe in detail known project impacts, and possible mitigation for those impacts.

• A description of public engagement about the project that has occurred,…