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

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for FY22-FY24 Congestion Relief Program

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

(FHWA).

ACTION: Notice of Funding Opportunity

SUMMARY:

The purpose of this Notice of Funding Opportunity (NOFO or notice) is to solicit applications for FHWA’s Congestion Relief Program (the “Program”) and will result in the distribution of up to $150 million. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

Funds made available for Federal Fiscal Years (FY) 2022, 2023 and 2024 for the Program are to be awarded on a competitive basis to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States under 23 United

States Code (U.S.C.) 129(d). Specifically, the Program supports projects in urbanized areas having a population greater than 1,000,000. This notice describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available assistance during the grant solicitation period.

DATES:

Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Standard Time, on April 22, 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 Congestion Relief Program in the form of a webinar in approximately 21 days after NOFO publication. Details on the specific date, time, registration information, and weblink location for the webinar will be posted to grants.gov at a later date. The Webinar will be recorded and posted on FHWA’s Website for the Bipartisan

Infrastructure (BIL) Law Key Programs under the FHWA Office of Operations1. A Telephone

Device for the Deaf (TDD) is available for individuals who are deaf or hard of hearing at (202)

366-3993.

1 https://ops.fhwa.dot.gov/bipartisan-infrastructure-law/ https://ops.fhwa.dot.gov/bipartisan-infrastructure-law/

ADDRESSES:

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

Number 20.205 - Highway Planning and Construction.

FOR FURTHER INFORMATION CONTACT:

Ryan Buck

Agreement Officer

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Email: congestion.relief@dot.gov

Phone: (202) 366-4229

Alternate:

Robin Hobbs

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Phone: (202) 366-4004

Office hours are from 7:30 a.m. to 4:00 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 Program and this 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, the Program’s webpage at https://ops.fhwa.dot.gov/bipartisan-infrastructure-law, and on FHWA’s BIL Guidance Website2.

To ensure applicants receive accurate information about eligibility or the Program, the applicant is encouraged to contact FHWA directly, rather than through intermediaries or third parties, with questions.

Applicants are encouraged to submit questions to congestion.relief@dot.gov by April 08, 2024 to ensure FHWA has adequate time to respond prior to the application deadline.

2 https://www.fhwa.dot.gov/bipartisan-infrastructure-law/guidance.cfm mailto:congestion.relief@dot.gov mailto:congestion.relief@dot.gov https://ops.fhwa.dot.gov/bipartisan-infrastructure-law mailto:congestion.relief@dot.gov https://www.fhwa.dot.gov/bipartisan-infrastructure-law/guidance.cfm

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

SUPPLEMENTARY INFORMATION:

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

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 notice contains collection-of-information requirements subject to the Paperwork

Reduction Act. The use of Standard Forms (SF) 424, 424A, 424B, 424C, 424D, and SF-

LLL has been approved by the Office of Management and Budget (OMB) under 2105-

0520. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for 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.

SECTION A - PROGRAM DESCRIPTION

1. OVERVIEW

Section 11404(a) of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure

Investment and Jobs Act (Pub. L. 117-58, Nov. 15, 2021), established the Congestion Relief

Program (the “Program”), which is codified at 23 U.S.C. 129(d). The purpose of the Program is to provide discretionary grants to States, metropolitan planning organizations (MPO), cities, and municipalities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States. Under the Program, projects must be located in urbanized areas with a population greater than 1,000,000. (23 U.S.C. 129(d)(1)).

The goals of the Program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through:

(1) improving intermodal integration with highways, highway operations, and highway performance;

(2) reducing or shifting highway users to off- peak travel times or to nonhighway travel modes during peak travel times; and

(3) pricing of, or based on, as applicable,

• parking;

• use of roadways, including in designated geographic zones; or

• congestion. (23 U.S.C. 129(d)(3)).

The vision for the Program is to fund operational improvement projects3 that increase the effectiveness of existing transportation system capacity; improve and integrate travel modes other than single-occupant vehicles; and give travelers sufficient motivation to use those modes or to avoid peak-period travel; and to do so in a manner that:

• is equitable to the traveling public and affected communities;

• considers and mitigates any safety impacts;

• reduces greenhouse gas emissions and fine particulate matter; and

• considers and mitigates any potential adverse financial impacts to low-income drivers.

3 The term operational improvement means (i) a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by regulation. The term does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location. See 23 U.S.C. 101(a)(19)

2. ADMINISTRATION PRIORITIES AND DEPARTMENT STRATEGIC

PLAN GOALS

Consistent with the vision for the Program, FHWA seeks to fund projects under this NOFO that, in combination with the merit criteria, advance the following:

Safety

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

National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits the DOT to respond to the current crisis in roadway fatalities by ‘taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,’ in pursuit of the goal of achieving zero roadway deaths through a Safe System Approach.4 The outcomes that are anticipated from the projects funded by the Program should align with the NRSS.

Climate Change and Sustainability

DOT seeks to fund projects under the Program that reduce greenhouse gas emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce the lifecycle greenhouse gas 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 Executive Order (E.O.) 14008, Tackling the Climate Crisis at

Home and Abroad (86 FR 7619).5

Equity and Justice40

DOT seeks to award projects under the Program 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. 14901, Further Advancing Racial Equity and Support for Underserved Communities Through the

Federal Government.

DOT also seeks to award projects that address equity and environmental justice, particularly for communities that have experienced decades of underinvestment and are most impacted by climate change, pollution, and environmental hazards, consistent with E.O. 14008, Tackling the

Climate Crisis at Home and Abroad (86 FR 7619).

Workforce Development, Job Quality, and Wealth Creation

DOT intends to use the Program 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

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

5 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/NRSS https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework to use the Program to support wealth creation, consistent with the Department’s Equity Action

Plan6 through the inclusion of Local inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

Section E of this NOFO, which outlines the FY 2022, FY 2023, and FY 2024 Program 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.

3. ADDITIONAL INFORMATION

The grant program is described in the Federal Assistance Listings under the assistance listing program title “Congestion Relief Program” and assistance listing number 20.205 Highway

Planning and Construction.

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

6 https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf

SECTION B – FEDERAL AWARD INFORMATION

1. AWARD AMOUNT AVAILABLE

For FY 2022, FY 2023, and FY 2024, up to $150 million7 is available for Congestion Relief

Program awards under this NOFO.

2. AWARD SIZE

Under 23 U.S.C. 129(d)(5)(D), the minimum grant award under the Program must be

$10,000,000.

3. AVAILABILITY OF FUNDS

Selected projects will be funded with either FY 2022, FY 2023, or FY 2024 funds. For each of

FY 2022, FY 2023, and FY 2024 Program funds available under this NOFO there is an obligation deadline as described in the chart below. Once obligated, Program grant funds are available until expended (subject to requirements and policies regarding inactive obligations).

Fiscal Year Obligation Deadline

Expenditure Deadline

FY 2022 September 30, 2025

Available until Expended

FY 2023 September 30, 2026

FY 2024 September 30, 2027

Obligation of Program grant funds occurs when a selected applicant enters a grant agreement or a project agreement which is a type of grant agreement, as described in Section B.4 Type of

Award, with FHWA and is generally after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements.

To determine whether a project selected to receive a Program grant will be funded with FY 2022, FY 2023, or FY 2024 funds, FHWA will consider the estimated project start date provided in the application. Funds will be assigned after announcement of projects selected to receive an award during the grant agreement development process.

4. 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, Program 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

7 Program funds from the Highway Account of the Highway Trust Fund are contract authority, which is reduced based on the imposition of the Federal-aid obligation limitation contained in the annual appropriations acts.

Fiscal Management Information System (FMIS).

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

5. PERIOD OF PERFORMANCE

If a grant recipient will be a State DOT or if a State DOT will serve as a pass-through to a non-

State DOT entity awarded a grant, the DOT Payment System will be “Current Bill” in FMIS and the start of the period of performance will begin on the date 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 the grant agreement is executed by FHWA, which will obligate the Program funds, and end according to the period of performance listed in the grant agreement.

SECTION C – ELIGIBILITY INFORMATION

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

Project; Minimum Total Project Costs; Urbanized Area; Financial Effects on Low-Income

Drivers; and Tolling Authority if tolls are necessary to implement a Program project.

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

1. ELIGIBLE ENTITIES

Entities eligible to apply for a Program grant are:

• A State for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000; and

• Metropolitan Planning Organization (MPO), city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000.

(23 U.S.C. 129(d)(1)(A)(i) and (ii)).

2. COST SHARING OR MATCHING

The Federal share of the cost of a project carried out with a grant under the Program shall not exceed 80 percent of the total project cost. (23 U.S.C. 129(d)(5)(C))

Applicants should use the following equations when determining the cost share for their Program grant project:

Program Grant + Non-Federal Funds = Total Program Project Cost

Program Grant must be <= 0.80 X Total Program Project Cost

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

FHWA will not consider previously incurred costs or previously expended or encumbered funds towards the matching requirement for any project. Matching funds are subject to the same

Federal requirements described in Section F.2 as awarded funds.

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

See Section D.2.f.II for information about documenting cost sharing in the application.

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-309310695-293024746&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-1581688565-293024709&term_occur=999&term_src=title:23:chapter:1:section:129 https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-309310695-293024746&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-1581688565-293024709&term_occur=999&term_src=title:23:chapter:1:section:129 https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-309310695-293024746&term_occur=999&term_src= https://www.fhwa.dot.gov/legsregs/directives/policy/memonfmr_tapered20190515.htm

3. OTHER

a. Eligible Projects

Eligible Projects are projects, or an integrated collection of projects, for planning, design, implementation, and construction activities (eligible activities to carry out an eligible project) and achieve the Congestion Relief Program goals as described in Section A and 23

U.S.C.129(d)(3). These projects may include but are not limited to:

• Deployment and operation of an integrated congestion management system8;

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

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

• Incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. (23 U.S.C. 129(d)(4)).

Other types of projects that achieve one of more of the Program goals may be considered. These projects may include activities that support transit-oriented development such as improving intermodal integration with highways and other congestion reducing land use strategies that align with the Program goals.

b. Minimum Total Project Cost

For Program projects, the statutory minimum grant award is $10,000,000. (23 U.S.C.

129(d)(5)(D)). Therefore, the minimum total project cost for a Program project is $12,500,000 in order to meet the minimum grant award amount and the 20 percent non-Federal match requirement.

c. Urbanized Area

Projects eligible for Program grants must be located in an urbanized area with a population of more than 1,000,000. (23 U.S.C. 129(d)(1)(A)(i) and (ii)). For the purposes of this NOFO, FHWA will use the population figures in the Census Bureau’s “2020 Census Qualifying Urban

Areas and Final Criteria Clarifications” notice9 (87 FR 80114) and the digital maps and geographic

8 Under this Program, the term "integrated congestion management system" means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region.

9 https://www.federalregister.gov/documents/2022/12/29/2022-28286/2020-census-qualifying-urban-areas-and-final-criteria-clarifications https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-517427040-1330276382&term_occur=999&term_src=title:23:chapter:1:section:129 https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-756595547-1711015794&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-756595547-1711015794&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-309387644-1330276382&term_occur=999&term_src=title:23:chapter:1:section:129 https://www.federalregister.gov/documents/2022/12/29/2022-28286/2020-census-qualifying-urban-areas-and-final-criteria-clarifications https://www.federalregister.gov/documents/2022/12/29/2022-28286/2020-census-qualifying-urban-areas-and-final-criteria-clarifications shapefiles for the 2020 Census urban areas depicted on the FHWA HEPGIS maps of MPO and

2020 Census Urban Areas10 to determine if a project is located in an urbanized area with a population of more than 1,000,000.

d. Financial Effects on Low-Income Drivers

A project under the Program shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers11. (23 U.S.C. 129(d)(7)). All applicants must include a statement in their application whether the proposed project will have a potential financial effect on low-income drivers. If the project will affect low-income drivers, the applicant must include the analysis required under 23 U.S.C. 129(d)(7).

Failure to include a statement as to whether the proposed project will have a potential effect on low-income drivers and the required analysis, if the analysis is applicable, will result in a finding that the application is ineligible and will not be evaluated under the criteria in Section E.1.

e. Tolling Authority

If an application for an eligible Program project requests construction funds only and involves tolling to implement the project, then the applicant must have authority to use tolls (Federal, State, and local, as applicable) on the project prior to receiving a Program grant12. If an application requests grant funds for planning, preliminary engineering and construction funds, the recipient may only utilize the Program funds for planning and preliminary engineering funds prior to completion of National Environmental Policy Act (NEPA) and receipt of toll authority and must have the authority to use tolls prior to the obligation of Program construction funds.

(1) Congestion Relief Program Projects Located off the Interstate System

The Program does not provide Federal tolling authority for projects that propose the use of tolls off the Interstate System. Applicants for these projects would need to have

Federal tolling authority under: (1) 23 U.S.C. 129(a) the General Tolling Program; (2) 23

10https://hepgis.fhwa.dot.gov/fhwagis/ViewMap.aspx?map=MPO+Boundaries%7CMPO+and+2020+Census+Urban

+Areas

11Under this program, the FHWA considers a low-income driver to be “low-income person” with a household income at or below the U.S. Department of Health and Human Services Poverty Guidelines

(https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines).

12 Federal tolling approval as well as authorization for construction for a project selected to receive a Program grant prior to the completion of the NEPA process for the proposed project may be used to inform the NEPA decision making process and the development of a tolling alternative for the proposed project. Selection to receive a Program grant and Federal tolling authority should not be interpreted as a statement of consistency with or a reflection of the alternatives under consideration during the NEPA evaluation process. Selection of a project under this program that is in the preliminary engineering phase and prior to a NEPA determination does not indicate the project has or will receive authority to toll.

https://hepgis.fhwa.dot.gov/fhwagis/ViewMap.aspx?map=MPO+Boundaries%7CMPO+and+2020+Census+Urban+Areas https://hepgis.fhwa.dot.gov/fhwagis/ViewMap.aspx?map=MPO+Boundaries%7CMPO+and+2020+Census+Urban+Areas https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

U.S.C. 166 the High Occupancy Vehicle Facilities; or (3) the Value Pricing Pilot

Program13.

If an application for an eligible Program project proposes the use of tolls off the Interstate

System, then the applicant must identify in the application whether they already have tolling authority (Federal, State, and local, as applicable) for the project.

If an applicant does not have a suitable Federal tolling authority for the proposed project when they submit a Program application and would like to request authority with the submission of an application, the applicant must do so in the application by explicitly stating that they are requesting tolling authority and provide the following information in the application:

i. Verifiable evidence that the applicant has State and local, as applicable, tolling authority;

ii. A summary of any discussions the applicant has had with FHWA regarding the

Federal tolling programs; and

iii. Information about the status of compliance with (a) the Federal planning requirements under 23 U.S.C. 134 and 135, and (b) the NEPA review.

(2) Congestion Relief Program Projects Located on the Interstate System

Under the Program, the Secretary shall allow the use of tolling on the Interstate System as part of a project carried out with a Program grant. (23 U.S.C. 129(d)(6)(A)). The authority is limited to the approval of the use of tolls on the Interstate System in no more than 10 urbanized areas. (23 U.S.C. 129(d)(6)(C)).

If an application for an eligible Program project proposes the use of tolls on the Interstate

System, the applicant must request authority to toll the Interstate System under 23 U.S.C.

129(d)(6)(A). This applies to Interstate highways that may already be tolling under other

Federal authority, such as the Value Pricing Pilot Program. Should an entity already be tolling under a separate Federal toll authority, the applicant must agree to comply with the toll requirements of 23 U.S.C. 129(d)(6).

Under the Program, the Secretary may only approve the use of tolls on the Interstate

System for Program funded projects if all statutory requirements under 23 U.S.C.

129(d)(6)(B) are met. Applicants with projects that require the use of tolls on the

Interstate System must address each of these requirements in the application as follows:

i. the application must include verifiable documentation that the eligible entity has authority under State and local law as applicable to assess the applicable toll;

13 Information about the Federal tolling programs can be found at https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_programs.aspx https://www.fhwa.dot.gov/ipd/tolling_and_pricing/tolling_pricing/federal_tolling_programs.aspx

ii. the application must include the formulaic equation for and a confirmation that the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying the toll rate for any other vehicle class and 5;

iii. the application must include a declaration signed by the eligible entity that toll rates will not be charged or varied on the basis of State residency;

iv. the application must include an explanation based on appropriate verifiable and quantifiable data that the use of tolls will enable the eligible entity to achieve the Program goals the applicant identified in its application under Section E.1. Merit criterion 2 without a significant impact to safety or mobility within the urbanized area in which the project is located; and

v. the application must include a declaration signed by the eligible entity that the use of toll revenues will comply with 23 U.S.C 129(a)(3), which requires public authorities with jurisdiction over a toll facility to ensure toll revenues are used only for:

• debt service with respect to the projects on or for which the tolls are authorized, including funding of reasonable reserves and debt service on refinancing;

• a reasonable return on investment of any private person financing the project, as determined by the State or interstate compact of States concerned;

• any costs necessary for the improvement and proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation;

• if the toll facility is subject to a public-private partnership agreement, payments that the party holding the right to toll revenues owes to the other party under the public-private partnership agreement; and

• if the public authority certifies annually that the tolled facility is being adequately maintained, any other purpose for which Federal funds may be obligated by a State under this title.

Failure to provide all the required information in the application will result in a determination that the proposed application is ineligible and will not move forward for evaluation under the selection criteria in Section E.1.

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: 693JJ324NF00009

• Opportunity Name: Congestion Relief Grant Program

• Assistance Listing Number: 20.205 Highway Planning and Construction

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 2022 – FY 2024 Congestion Relief Program grant 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 below address. Requests should be sent to:

Ryan Buck

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Phone: (202) 366-4229

Alternate:

Robin Hobbs

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Phone: (202) 366-4004 http://www.grants.gov/ http://www.grants.gov/

2. CONTENT AND FORM OF APPLICATION SUBMISSION

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.

The application package must consist of the following in this order:

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)

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

a. 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.

• Click “Done” to finalize the attachments.

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

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

Required attachment(s) to the SF 424: the Project Narrative (see Section D.2.f) must be added as Attachments to Item 15 of the SF-424:

b. Grants.gov Lobbying Form

c. Disclosure of Lobbying Activities form (SF-LLL)

d. Required Forms for Non-Construction Projects

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

• Standard Form 424A (Budget Information for Non-Construction Programs)

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

e. Required Forms for Construction Projects

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

• Standard Form 424C (Budget Information Construction Programs)

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

f. Project Narrative

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

Section E.1. 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.f.I

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

See D.2.f.II

III. Merit Criteria

See D.2.f.III

IV. Project Readiness and Environmental Risk

See D.2.f.IV

V. Administration Priorities and Departmental Strategic Plan

Goals

See D.2.f.V

VI. Statutory Required Project Selection Priority

See D.2.f.VI

VII. FHWA Priority Selection Consideration See D.2.f.VII

VIII. Letters of Support See Section

E.1.a.iv. Merit

Criterion 4

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

FHWA recommends that the project narrative be prepared with standard formatting preferences

(i.e., a single-spaced document, using a standard 12-point font such as Times New Roman, with

1-inch margins). The project narrative should not exceed 30 pages in length. Appendices may include documents supporting assertions or conclusions made in the 30-page project narrative and do not count towards the 30-page limit. If 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. FHWA recommends using appropriately descriptive final names (e.g., “Project Narrative,” “Maps,”

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

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

Project Description

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

Project Location

The application should provide a concise description of the project's 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 describing the project location (shapefiles will be accepted under 200MB file size).

Lead Applicant

This section of the application should provide details about the lead applicant. The details should include the lead applicant’s demonstrated experience with receipt and expenditure of

Federal-aid highway program funds under title 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 2022 – FY 2024 applications selected to receive Program 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.

Other Public and Private Parties

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

The applicant should state whether a private or non-private entity will receive a direct and predictable financial benefit if the project is selected for award. This includes, but is not limited to, private and non-private entities directly benefitting from completion of the proposed project. If this project directly involves or benefits a specific private corporation, a non-public entity, or a public entity, please identify the full name of each entity, separated by a comma.

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) Congestion Relief Program 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 Program 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 Program statutory cost-sharing requirements under Section C.2. and those associated with each category of Federal funding.

The application should include information showing that the applicant has budgeted sufficient contingency amounts to cover unanticipated cost increases. In addition to the information enumerated above, this section should provide complete information on how all project funds may be used, availability and funding commitments. For example, if a source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a source of funds is available for expenditure only during a fixed period, the application should describe that restriction.

For projects that include eligible operation costs, the amount of Program grant funds that may be used for such costs may not exceed the amount of the cost to implement the project.14

The applicant must support the need to include the extent in time and cost for such operating assistance. Operating assistance shall be limited to costs allocable to operating the eligible system, service, or program, and may not exceed the amount of cost for the implementation, itself. For Intelligent Transportation Systems (ITS)15 projects, this would include operating assistance during the period of post-implementation system validation planned according to the required systems engineering analysis and documented in its System Validation Plan.

Complete information about project funds will ensure that the FHWA’s expectations for award execution align with any funding restrictions unrelated to the 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 listed in Section E.1.

FHWA encourages applicants to address each criterion as insufficient information to assess any criterion will negatively impact the project rating. Applicants should note that merit reviewers will focus on the project narrative section of the application and will not be required to reference the other sections in the application package; therefore, all relevant information to demonstrate alignment with the merit criteria as described in Section E.1.

should be included in this section of the application. Applicants should describe the merit criteria in the order in which they are described in the NOFO and address each criterion separately. Guidance describing how FHWA will evaluate projects against the merit criteria is in Section E.1. of this NOFO. Applicants should review that section before considering how to organize their application.

14 FHWA will not reimburse such costs incurred after the period of performance. Upon the expiration of the period of performance for the project, the recipient shall be responsible for funding the continual operation and maintenance of the project.

15 Intelligent Transportation System Project is defined under 23 CFR 940.3.

IV. Project Readiness and Environmental Risk

The application should include information that, when considered with the project budget information, is sufficient for the FHWA to evaluate whether the project is reasonably expected to begin construction or implementation, as applicable, in a timely manner. To assist the FHWA’s project readiness assessment, the applicant should provide the information requested for a construction or implementation project 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 suggested organization of information, 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 as applicable; 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 or development; 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 as applicable and describes in detail the project to be implemented.

For planning only projects, the applicant should demonstrate how the proposed project can feasibly support desired outcomes by presenting the process model applied for congestion management in the region. Applicants should describe the level of preliminary public support achieved in applying the process model.

For projects that entail implementation of ITS, the application should include information about the portion of the respective regional ITS architecture (RITSA) that the project intends to implement and how it will be used to guide the development and implementation of the associated ITS services through the required systems engineering analysis.16 This is to include information on the eight minimum elements of the regional

ITS architecture (23 CFR 940.9(d)), with emphasis on existing arrangements, or new arrangements that will be required, for system operations, including those that affect interoperability with other existing or planned ITS in the region. An appropriately detailed operational concept should be included with the application.

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.

16 23 CFR 940.11(c)(1); 23 CFR 940.9(a)

b) Project Schedule

The applicant should include a detailed project schedule that identifies current project status and all major project milestones. Examples of such milestones include State and local planning approvals (programming on the Statewide Transportation Improvement

Program); start and completion of NEPA and other Federal environmental reviews and approvals. For projects with construction activities, this includes permitting, design completion, right-of-way acquisition, approval of plans, specifications, and estimates

(PS&E); procurement; State and local approvals; project partnership and implementation agreements including agreements with railroads; and construction. For projects that entail the implementation of ITS, this includes the steps in the systems engineering analysis as would be described in the Systems Engineering Management Plan. The project schedule should be sufficiently detailed to demonstrate that:

• All necessary activities will be complete to allow Program funds to be obligated timely 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, as applicable, 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 right-of-way acquisition is required, 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 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 three years before the application date, the applicant should describe a proposed approach for updating this material in accordance with applicable NEPA re-evaluation requirements. This section should also provide:

• Any…