HMEP States and Territories NOFO FY25.pdf

Notice of Funding Opportunity

Hazardous Materials Emergency Preparedness

(HMEP) Grants for States and Territories

Fiscal Year (FY) 2025

NOFO Posted Date: January 22, 2025 Applications Due Date: March 21, 2025, 11:59 p.m. EST Questions Due Date: March 10, 2025, 11:59 p.m. EST

Applicants must be registered at www.grants.gov to apply online. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays in submission. Additionally, applicants must maintain an active registration in the System for Award Management at www.SAM.gov.

Furthermore, applicants are encouraged to register for an account with FedConnect at www.fedconnect.net before applying. FedConnect is a messaging platform where applicants can communicate directly with PHMSA. Your organization’s Marketing Partner ID Number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how it works, click on the link to access the FedConnect: Ready, Set, Go! Tutorial on the FedConnect home page.

Assistance Listing (formerly CFDA)

20.703 “Interagency Hazardous Materials Public Sector Training and Planning Grants”

PHMSA Notice of Funding Opportunity Number

693JK325NF0008

U.S. Department of Transportation

Pipeline and Hazardous Materials

Safety Administration

(PHMSA)

http://www.grants.gov/ http://www.sam.gov/ https://www.fedconnect.net/ https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf

NOFO: 693JK325NF0008

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Hazardous Materials Emergency Preparedness (HMEP) Grant

Table of Contents

MISSION

SECTION A - PROGRAM DESCRIPTION

A.1 Statement of Purpose

A.2 Statute and Program Authority

A.3 Background

SECTION B - FEDERAL AWARD INFORMATION

B.1 Funding

B.2 Period of Performance

B.3 Type of Award

SECTION C - ELIGIBILITY INFORMATION

C.1 Eligible Applicants and Activities

C.2 Cost Sharing or Matching

SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package

D.2 Content and Form of Application Submission

D.3 Unique Entity Identifier (UEI) and System for Award Management (SAM)

D.4 Submission Dates and Times

D.5 Funding Restrictions

D.6 Other Submission Requirements

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria

E.2 Review and Selection Process. Click the link for more information

E.3 FAPIIS Review

E.4 Anticipated Announcement and Federal Award Dates

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

F.2 Administrative and National Policy Requirements

F.3 Reporting Requirements

SECTION G - FEDERAL AWARDING AGENCY CONTACTS

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PROGRAM SUMMARY

Federal Agency Name: U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration

(PHMSA)

Funding Opportunity Title: “Hazardous Materials Emergency Preparedness

Grants for States and Territories – FY 2025”

Announcement Type: Initial Announcement

Funding Opportunity Number: 693JK25NF0008

Assistance Listing Number: 20.703

NOFO Posted Date: January 22, 2025 Application Due Date: March 21, 2025, 11:59 p.m. EST Question Due Date: March 10, 2025, 11:59 p.m. EST

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MISSION

The U.S. Department of Transportation (DOT or Department) Pipeline and Hazardous Materials Safety Administration (PHMSA) protects people and the environment by advancing the safe transportation of energy and other hazardous materials (HAZMAT) that are essential to our daily lives. To do this, PHMSA establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents. PHMSA also prepares the public and first responders to reduce consequences if an incident does occur. To accomplish this, PHMSA awards financial assistance to states, territories, tribes, and nonprofit organizations to ensure industry compliance with the Hazardous Materials Regulations (HMR).

SECTION A - PROGRAM DESCRIPTION

A.1 Statement of Purpose

This funding opportunity is associated with Assistance Listing 20.703. Through this Notice of Funding Opportunity (NOFO), PHMSA solicits applications from states and U.S. territories for Hazardous Materials Emergency Preparedness (HMEP) funding to carry out HAZMAT planning and training activities to ensure the safe transport of HAZMAT. This funding opportunity will represent Year-1 of a 3-year grant award cycle to states and territories. Funding will be awarded annually through continuing applications. However, applicants are strongly encouraged to submit project plans that reflect three years of grant activities.

The Department seeks to fund projects that advance the Departmental priorities of safety, equity, climate and sustainability, workforce development, job quality, and wealth creation as described in the USDOT Strategic Plan, Research, the Development and Technology Strategic Plan, and in Executive Orders1.

PHMSA’s goal is to ensure responders who receive training under the grant will be able to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of HAZMAT. PHMSA’s goal for planning activities is to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right- To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on land.

PHMSA requires that applicants identify specific training and planning projects based on jurisdictional needs and maintain a record of the following: 1) number trained; 2) course type;

3) cost of training; 4) number of emergency response plans developed; 5) number of commodity flow studies completed; 6) number of exercises conducted; 7) location of training; and 8) a

1 Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).

Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009). Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829), and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).

https://www.grants.gov/search-grants https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transportation.gov%2Fdot-strategic-plan&data=05%7C01%7Cgary.smith%40dot.gov%7C84946ebcc4164e79e35f08dbf59bc0dc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638373823296822030%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=0oBTTYAR3SmASL9JgrgZ0ko%2BM%2FQNbt3pOta0nj%2BbfuA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transportation.gov%2Fsites%2Fdot.gov%2Ffiles%2F2023-01%2FUSDOT%2520RDT%2520Strategic%2520Plan%2520FY22-26_010523_508.pdf&data=05%7C01%7Cgary.smith%40dot.gov%7C84946ebcc4164e79e35f08dbf59bc0dc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638373823296822030%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=SYyHH7i%2Fv5uDnoScU51rntucED2EBL02ixDeyMHod30%3D&reserved=0 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2023/02/16/executive-order-on-further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/26/executive-order-on-worker-organizing-and-empowerment/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/11/15/executive-order-on-implementation-of-the-infrastructure-investment-and-jobs-act/

U.S. DOT/PHMSA Page 5 detailed accounting and description of each grant expenditure, including the amount of and purpose for each expenditure. PHMSA measures performance based on the projects included in the approved grant application and whether those projects fulfilled the training and planning needs outlined in the statement of need.

PHMSA requires that applicants comply with all applicable federal financial assistance regulations and maintain an auditable accounting system that includes a detailed accounting and description of each grant expenditure. PHMSA measures performance based on the projects included in the approved financial assistance application and whether those projects fulfilled the needs outlined in the statement of need.

A.2 Statute and Program Authority

The HMEP program is codified at 49 U.S.C. § 5116 and is governed by program regulations in 49 CFR Part 110, and federal grants administration regulations at 2 CFR Part 200.

A.3 Background

Congress authorized the HMEP grant program in 1990 under the Hazardous Materials Transportation Act (Pub. L. 101-615), codified at 49 U.S.C. § 5101 et. seq. Since its inception, the HMEP grant program has been fully funded by registration fees collected from HAZMAT shippers and carriers who offer for transportation or transport certain HAZMAT in intrastate, interstate, or foreign commerce. The overall Emergency Preparedness Grants program is authorized to use the Hazardous Materials registration fees for four grant programs and other purposes. The amounts available are limited to the amounts collected. PHMSA plans to make $30 million of the expected collections available in FY 2025 for the Hazardous Materials Emergency Preparedness (HMPEP) grant.

SECTION B - FEDERAL AWARD INFORMATION

B.1 Funding

This NOFO is subject to the availability of funds. PHMSA anticipates that a total of $30,000,000 will be available for the FY 2025 HMEP Grant Program, with $2,000,000 of this amount being reserved for federally recognized tribal applicants.

B.2 Period of Performance

The period of performance is thirty-six (36) months from the effective date of the award.

B.3 Type of Award

Discretionary grant award.

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SECTION C - ELIGIBILITY INFORMATION

C.1 Eligible Applicants and Activities

This FY 2025 HMEP grant is open to states and territories. States and territories are defined at 49 U.S. Code § 5116 as a state of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and any other territory or possession of the United States designated by the Secretary. Tribes should apply under the separate HMEP Grants for Tribes NOFO.LINK THIS

Applicants must have a designation letter on file with PHMSA from its governor, or governor equivalent, designating the entity to receive HMEP funds. If a new state entity will be managing the HMEP grant, a new letter reflecting that change must be included with your application.

Eligible grant projects/expenses include, but are not limited to:

• Commodity flow studies

• Tabletop exercises

• Emergency response plans (creation and updates)

• HAZMAT response training

• HAZMAT training drills

• Training equipment

• HAZMAT training conferences

• Hazard mitigation plans

• Salaries/fringe benefits for HMEP program administrators

• Supplies to conduct training and planning activities

• Contract support costs related to HMEP planning and training activities

• Personnel overtime, backfill, and stipends, if the costs follow the HMEP Guidance on Backfill, Overtime and Stipends

C.2 Cost Sharing or Matching

In accordance with 49 U.S.C. § 5116(d), states and the Commonwealth of Puerto Rico must contribute a minimum of 20 percent matching share to the total cost of the grant project. The matching requirement must be satisfied by costs incurred by the grantee or by the value of in-kind contributions. All matching funds must meet the federal requirements as described in 2 CFR § 200.306 cost sharing or matching. Funds or costs used for matching purposes under any other federal grant or cooperative agreement may not be used for HMEP matching purposes.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306

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SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package

PHMSA requires applicants to apply electronically through grants.gov. Applicants must download the application package associated with this funding opportunity by following the directions provided on grants.gov.

To request a hard copy of the application package, please contact:

Hazardous Materials Grants Program Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE, E23-446 Washington, D.C. 20590 Phone: 202-366-1109 Fax: 202-366-3753 E-mail: HMEP.grants@dot.gov

If you are a hearing-impaired person, please contact the FR/TTY at 1-800-877-8339 or e-mail PHMSA-Accessibility@dot.gov.

D.2 Content and Form of Application Submission

Applications for FY 2025 HMEP grant funding should be submitted in electronic format in grants.gov. The application includes two overall sections: (1) standard forms that the applicant must download and complete from grants.gov under the FY 2025 HMEP grant funding opportunity; and (2) attachments the applicant will need to complete and upload.

Standard Forms

The following forms are found in grants.gov under the FY 2025 HMEP Grant Funding Opportunity and must be completed by the applicant.

1. Standard Form SF-424 - Application for Federal Assistance

2. Standard Form SF-424A - Budget Information for Non-Construction Programs

3. Lobbying - Certification Regarding Lobbying

4. Standard Title VI/Non-Discrimination Assurances - Civil Rights Assurances

Applicant Attachments https://www.grants.gov/ mailto:HMEP.grants@dot.gov mailto:PHMSA-Accessibility@dot.gov

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All the following required forms must be completed by the applicant and uploaded to grants.gov under the FY 2025 HMEP Grant Funding Opportunity. Guidance for completing the project narrative and budget narrative of the HMEP grant application is provided in the proceeding section.

1. HMEP Grant Application Form

• Project Narrative

• Budget Narrative

2. Indirect Cost Agreement and/or Statement claiming 15 percent de minimis (if applicable)

3. Letters of Support from partner organizations (if applicable)

4. Additional optional attachments (if applicable)

Applications should be well-written and free of mathematical errors in the line-item budget and budget narrative. The application forms and templates are available on grants.gov in the “Related Documents” tab with detailed instructions on the application process. Please also reference Section E to ensure that the application addresses the criteria on which PHMSA will evaluate.

Given the complexity of some aspects of the application process, technical assistance is available to help with the application process. Please contact the technical primary point of contact listed in Section G for technical assistance.

Sharing of Application Information – Except for the information properly marked, PHMSA may share application information within the Department or with other federal agencies if it is determined that sharing is relevant to the respective program’s objectives. Click here for more information.

D.3 Unique Entity Identifier (UEI) and System for Award Management (SAM)

PHMSA may not make an award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time PHMSA is ready to make an award, PHMSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making an award to another applicant. PHMSA recommends that applicants review the SAM database at https://sam.gov/content/home to ensure that their UEI is updated.

Each applicant is required to:

• Register in SAM (SAM.gov) before submitting its application.

• Provide a valid UEI number in its application.

• Maintain an active SAM registration and UEI with current information when it has an active federal award or an application under consideration.

https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/hazmat/hmep-project-narrative https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/hazmat/hmep-budget-narrative https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/section-h-other-information https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/section-h-other-information https://sam.gov/content/home

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D.4 Submission Dates and Times

Completed applications must be received electronically by 11:59 p.m. EST on March 21, 2025.

If an applicant has technical difficulties submitting the application through grants.gov, that applicant should contact grants.gov at 800-518-4726 or e-mail support@grants.gov, as well as contact the Grants Program Office by phone at 202-366-1109 or e-mail HMEP.grants@dot.gov.

Applications received after this deadline may not be considered.

D.5 Funding Restrictions

The following costs are not eligible for reimbursement under the FY 2025 HMEP Grant:

1. Fees for the state and local personnel receiving training.

2. Entertainment, alcohol, or morale costs.

3. Excessive costs for general office supplies, equipment, computer software, printing, and copying.

4. Expenses not related to the transportation of HAZMAT.

5. Expenses claimed and or reimbursed by another program.

6. Expenses counted as match funds toward another federal program.

7. Expenses that supplant existing operational funds/programs.

8. Any costs disallowed or stated as ineligible in 2 CFR Part 200.

9. Pre-award costs are not permitted without PHMSA’s prior approval consistent with

2 CFR § 200.458.

Please note, the HMEP program now allows costs such as overtime, backfill, and stipends if the costs follow the HMEP Guidance on Backfill, Overtime, and Stipends.

D.6 Other Submission Requirements

Applications will only be accepted via grants.gov. Mail and fax submissions will not be accepted.

The application package contains all required electronic forms and the ability to upload attachments for the budget narrative, budget justification, project narrative, assurances, and certifications. The applicant must submit the information outlined in the Application Guide in addition to the program-specific information below.

To begin the process, applicants must be registered with https://www.grants.gov/ to apply. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays with submission. Failure to comply with the application requirements as described in this section may result in the failure of an application to be reviewed.

mailto:support@grants.gov mailto:HMEP.grants@dot.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.458 https://www.grants.gov/ Gallagher, Kelley J. EOP/OMB Can we link

Salinas, Emma (PHMSA) Updated

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Accessing Grants Systems

1. Grants.gov. For new users, go to https://www.grants.gov/applicants/applicant-registration, or go to the main page at https://www.grants.gov/ and select “Register.” New user registrations for grants.gov can take up to two weeks to complete. For additional questions on how to register, contact grants.gov support at 800-518-4726 or e-mail support@grants.gov.

2. FedConnect. Applicants are encouraged to register for an account with FedConnect at https://www.fedconnect.net before applying. Your organization’s Marketing Partner ID Number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how it works, click on the link to access the FedConnect: Ready, Set, Go! Tutorial. For other technical issues or questions, either e-mail fcsupport@unisonglobal.com or call 1-800-899-6665, option 2. The FedConnect Support Center is staffed Monday–Friday, 8 a.m.–8 p.m., EST, except federal holidays.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria

DOT is prioritizing projects that help to address transportation insecurity, which is the inability for people to get to where they need to go to meet the needs of their daily life regularly, reliably, and safely due to either the high cost of transportation, lack of access, or lack of safe transportation options. When identifying projects, applicants should consider how the project will increase safety. PHMSA will evaluate applications through administrative, technical, and programmatic reviews based on the evaluation criteria.

Merit Criteria:

PHMSA developed evaluation criteria to rate and select competing applications. Within the application, demonstrate the extent to which the activities will impact the safe transport of hazardous materials. Submission of an application is not a guarantee of award. PHMSA may, at its discretion, award a grant based on an application in its entirety, award only portions of a grant based on its application, or not award a grant at all.

1. Technical Criteria

• Does the application contain a planning and training needs assessment that identifies the current capacity and any areas of deficiency as it concerns preparedness for the transportation of HAZMAT?

• Does the application list the program goals and objectives for the grant funds?

https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/ mailto:support@grants.gov https://www.fedconnect.net/ mailto:fcsupport@unisonglobal.com

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• Does the application contain planning and training activities that align with the HMEP grant program guidelines?

• Do the activities listed appear to be allowable, allocable, necessary, and reasonable?

• Does the application adequately describe the proposed activities?

• Does the application provide costs and a reasonable timeline of proposed grant activities?

• Does the application provide a description of the monitoring and evaluation of the proposed activities?

2. Programmatic Criteria

• Does the applicant provide an explanation of whether fees are assessed and collected for the transportation of HAZMAT, and if so, are the fees used only to carry out a purpose related to transporting hazardous material?

• Does the applicant provide a statement certifying that the person authorized to provide training agrees to have an auditable accounting system?

• Does the applicant provide a statement certifying that 75 percent of grant funding will be used for HMEP programmatic activities, and no more than 25 percent of federal funding will be used for maintenance and administration costs (M&A)?

• Does the applicant provide a statement indicating that all members of the State Emergency Response Commission (SERC) were provided the opportunity to review the grant application?

• Does the applicant provide the types and amounts of hazardous material transported in the state or on such land?

• Does the applicant provide the past record of the state effectively managing planning and training grants?

• Does the applicant direct funds of activities to underserved communities?

• Did the applicant provide a completed and properly filled out SF-424 form?

• Did applicant submit a completed lobbying form and Title VI form?

• Do the budget (SF-424A) and budget narrative align?

• Does the budget narrative provide detail as to how the costs under “Personnel” correspond to the staff included in the narrative and how they were calculated?

• Does the budget narrative provide an explanation or breakout of the staff “Fringe Benefits?”

• If there are funds entered under “Travel,” does the budget narrative provide a clear and reasonable explanation that relates to the costs?

• Does the budget narrative identify supply costs and are the costs adequately explained?

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• If there are funds under “Contractual,” does the budget narrative clearly describe how contractual costs were derived for each agreement or subaward?

• If there are costs under “Other,” have the costs been reasonably explained?

• If indirect costs are requested, does the application/budget narrative include an approved, current Indirect Cost Rate agreement or statement claiming the 10 percent de minimis rate?

Selection Considerations:

After completing the merit review, PHMSA may prioritize applications based on:

1. Safety - PHMSA may consider how the proposed grant funded activities provide substantial safety benefits compared to existing conditions.

2. Equity - PHMSA may consider the application’s ability to encourage equity by investing in activities that proactively mitigate safety risks in disadvantaged communities. Potential applicants may find it useful to utilize the USDOT Equitable Transportation Community (ETC) Explorer to determine disadvantage community status.

E.2 Review and Selection Process. Click the link for more information.

E.3 FAPIIS Review

Prior to making an award, PHMSA is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS) (see 41 U.S.C. § 2313). An applicant may review and comment on any information that a federal awarding agency previously entered in the system and is accessible through SAM. PHMSA will consider the applicant’s comments, business integrity, ethics, record of performance under federal awards, and other information in the performance system when making a judgement about their review of risk as described in 2 CFR § 200.205.

E.4 Anticipated Announcement and Federal Award Dates

Applicants chosen for funding will receive electronic notification of the federal award. Upon notification, the applicant’s authorized official must sign and return the award within the timeframe prescribed by PHMSA. PHMSA plans to make awards by August 31, 2025, with a proposed period of performance start date of October 1, 2025.

https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/ https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/ https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/e2-review-and-selection-process

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SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

PHMSA’s grant awarding official will award grants to responsible and eligible applicants, at its discretion, whose applications are judged most meritorious under the procedures set forth in this NOFO. All funds provided by PHMSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, regulations, terms and conditions of the award, applicable federal cost principles, and DOT’s financial assistance regulations. Funds may not be used for lobbying or litigation.

The grant award, signed by both the PHMSA Agreement Officer and the recipient’s Authorized Representative, is the authorizing document and will be provided through electronic means to the Authorized Representative. The award document will provide pertinent instructions and information including, at a minimum, the following:

1. The legal name and address of recipient.

2. Title of project.

3. Name(s) of key personnel chosen to direct and control approved activities.

4. Federal Award Identification Number assigned by PHMSA.

5. Period of Performance, specifying the duration of the project.

6. Total amount PHMSA approved for the project.

7. Legal authority under which the award is issued.

8. Assistance Listing Program Number (formerly CFDA).

9. Applicable award terms and conditions.

10. Approved budget plan for categorizing allocable project funds to accomplish the stated purpose of the award.

11. Other information or provisions deemed necessary by PHMSA.

F.2 Administrative and National Policy Requirements

The administration of this award by PHMSA and the Recipient will be based on the following federal statutory and regulatory requirements:

1. 49 U.S.C. § 5116.

2. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards.

3. The Recipient must comply with 49 CFR Part 20, “New Restrictions on Lobbying.”

49 CFR Part 20 will be incorporated by reference into any award under this program and is available at www.ecfr.gov/ by clicking on Title 49 CFR Part 20.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5116&num=0&edition=prelim https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-49/subtitle-A/part-20 http://www.ecfr.gov/

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4. Civil Rights and Title VI - As a condition of a grant award, grant recipients should demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR Part 21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act, all other civil rights requirements, and accompanying regulations. This should include a current Title VI plan, completed Community Participation Plan, and a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards. DOT’s and the applicable Operating Administrations’ Office of Civil Rights may work with awarded grant recipients to ensure full compliance with federal civil rights requirements.

5. The Recipient must comply with 49 CFR Part 32, “Government-wide Requirements for Drug Free Workplace (Financial Assistance),” which implements the requirements of Public Law 100-690, Title Subtitle D, “Drug-Free Workplace Act of 1988.” 49 CFR Part 32 will be incorporated by reference into any award under this program and is available at: www.ecfr.gov/ by clicking on Title 49 CFR Part 32.

6. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Throughout the Federal Government.

F.3 Reporting Requirements

Progress Reports - Each grant recipient is required to submit a progress report to show progression of approved projects and activities. The reports must follow the instructions outlined in the terms and conditions of the grant award. Grant recipients with a period of performance that is longer that 12 months are required to submit annual progress reports. Grant recipients with a performance period of 12 months need only submit a final progress report (refer to section below). Grant recipients must follow the instructions outlined in the terms and conditions of the grant award.

Federal Financial Reports - Each grant recipient is required to submit Federal Financial Reports (SF-425) to show a cumulative account of expenditures from approved activities. Grant recipients with a 12- to 24-month period of performance are required to submit bi-annual Federal Financial Reports and must follow the instructions outlined in the terms and conditions of the grant award.

Final Reports - Each recipient is required to submit a final Progress Report and a final Federal Financial Report (Final SF-425). Final Federal Financial Reports and Progress Reports must be submitted by e-mail at HMEP.grants@dot.gov. The reports are due no later than 120 days after the performance period has ended. Final reports must follow the instructions outlined in the terms and conditions of the grant award.

All applications and reports will be made available to the public upon request.

Performance and Program Evaluation: As a condition of grant award, grant recipients may be https://www.ecfr.gov/current/title-49/subtitle-A/part-21 https://www.ecfr.gov/current/title-49/subtitle-A/part-32 https://www.ecfr.gov/ https://www.whitehouse.gov/briefing-room/presidential-actions/2023/02/16/executive-order-on-further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/

U.S. DOT/PHMSA Page 15 required to participate in an evaluation undertaken by DOT or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients; an impact and/or outcomes analysis of all or selected sites within or across grant recipients; or a benefit/cost analysis or assessment of return on investment. DOT may require applicants to collect data elements to aid the evaluation and/or use information available through other reporting. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor or DOT staff; (2) provide access to program records and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff.

Recipients and subrecipients are also encouraged to incorporate program evaluation, including associated data collection activities from the outset of their program design and implementation, to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges federal awarding agencies and federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle.

Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.”

5 U.S.C. § 311. Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A-11, Part 6 Section 290).

For grant recipients receiving an award, evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation. (2 CFR Part 200). This paragraph does not authorize pre-award costs, and grant recipients must separately obtain PHMSA’s written approval to fund pre-award costs consistent with 2 CFR § 200.458.

SECTION G - FEDERAL AWARDING AGENCY CONTACTS

Questions related to the content of this funding opportunity should be submitted to the point of contact below or e-mail HMEP.grants@dot.gov.

Program Contact Carla Sheppard Phone: 202-366-1109 E-mail: Carla.Sheppard@dot.gov mailto:Carla.Sheppard@dot.gov

SECTION G - FEDERAL AWARDING AGENCY CONTACTS