NSFLTP 24_26 NOFO EDMS_ redline amendment 061526 p5.docx

Fiscal Years 2024 Through 2026 Nationally Significant Federal Lands and Tribal Projects Competitive Grant Program Notice of Funding Opportunity

Amendment No. 1 Application Opening Date: June 2, 2026 Application Closing Date: July 16, 2026

U.S. Department of Transportation

Federal Highway Administration

Fiscal Years 2024 through 2026 Notice of Funding Opportunity

Nationally Significant Federal Lands and Tribal Projects Grant Program

Table of Contents

A. BASIC INFORMATION

The applicant should read this notice in its entirety, so they have the information they need to submit eligible and competitive applications.

Federal Agency Name

U.S. Department of Transportation (DOT) Federal Highway Administration (FHWA)

Funding Opportunity Title

Nationally Significant Federal Lands and Tribal Projects (NSFLTP)

Announcement Type

This Amendment No. 1 tois a new Notice of Funding Opportunity (NOFO), replacing the NOFO published on July 17, 2024.

The actual amount available to be awarded under this NOFO will be subject to the availability of funds, including reductions from the authorized funding amounts due to the imposition of the obligation limitation for the Federal-aid highway program per the provisions of the annual appropriations acts.

Per statute, 50 percent of NSFLTP funds per fiscal year must be used for projects on Tribal transportation facilities and 50 percent used for projects on Federal lands transportation facilities and Federal lands access transportation facilities (Fixing America’s Surface Transportation (FAST) Act § 1123(h)(1), as amended). Of the latter category, FHWA must award funding to at least one eligible project per fiscal year submitted by the U.S. National Park Service (NPS) for a unit of the National Park System with at least three million annual visitors (FAST Act § 1123(h)(2), as amended).

There is no minimum or maximum award amount for NSFLTP Program awards.

Anticipated Award Announcements: DOT anticipates announcing award selections the week of August 31, 2026.

Executive Summary

Section 1123 of FAST Act (Public Law (Pub. L.) 114-94), as amended by Section 11127 of the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58), established the NSFLTP Program. Funds available under this NOFO are for FYs 2024 through 2026.

Grants under the NSFLTP Program are to be awarded on a competitive basis to projects of national significance for construction, reconstruction, or rehabilitation of transportation facilities within, adjacent to, or providing access to Federal or Tribal lands.

Eligible applicants for the NSFLTP Program are: (1) Federal Land Management Agencies (FLMA); (2) Federally recognized Indian Tribes; and (3) States, counties, and units of local government, but only if sponsored by an FLMA or federally recognized Indian Tribe.

The NSFLTP Program Federal share of cost is up to 100 percent for projects on a Tribal transportation facility, and the Federal share shall be up to 90 percent for projects on a non-Tribal transportation facility (FAST Act Section 1123(g)(1), as amended).

Details regarding the NSFLTP Program can be found on the program Webpage including information about any Webinars. See https://highways.dot.gov/federal-lands/significant

Agency contact information

U.S. Department of Transportation Federal Highway Administration Office of Federal Lands Highway 22001 Loudoun County Parkway Mail Stop: HFLP Ashburn, VA 20147 email: NSFLTP-Program @dot.gov

· Aligned the NOFO with current E.O.s and Trump Administration priorities.

· Updated application evaluation criteria.

· Opens a new application period for FYs 2024 through 2026 funding.

· Amendment No. 1 corrects the link in Section B.1.

Applicants who applied for funding under the FYs 2024 through 2026 NSFLTP Program NOFO published on July 17, 2024, must update and resubmit their application under this opportunity to be considered for funding. Awards will not be made under the previous NOFO.

ELIGIBILITY

1. ELIGIBLE APPLICANTS

See Section A for a list of eligible applicants.

States, counties, and units of local government may apply for the program, but only if sponsored by an FLMA or Tribal government. Applications received from States, counties, and units of local government must include a letter from their sponsor, verifying the sponsorship. The letter should also specify the lead recipient for purposes of project financial administration, and the letter should include a description of the roles and responsibilities of both the sponsor and the State, county, or unit of local government. A list of FLMA Sponsorship Coordinators can be obtained from the NSFLTP Program contacts listed on page 5 of this NOFO, or at the following wWebsite–https://highways.dot.gov/federal-lands/significant/list-sponsorship-coordinators. https://flh.fhwa.dot.gov/Programs/nsfltp/.

2. ADDITIONAL RESTRICTIONS ON ELIGIBILITY

Projects must be a single continuous project to be eligible for funding (FAST Act Section 1123(c)). Projects must also be on a Federal lands transportation facility,[footnoteRef:2] a Federal lands access transportation facility,[footnoteRef:3] or a Tribal transportation facility,[footnoteRef:4] except the facility does not need to be included in an inventory described in 23 United States Code (U.S.C.) 202 or 23 U.S.C. 203. [2: A Federal lands transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government (23 U.S.C. 101(a)(8)). ] [3: A Federal lands access transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, Tribal, municipal, or local government (23 U.S.C. 101(a)(7)). ] [4: A Tribal transportation facility means a public highway, road, bridge, trail, or transit system that is located on or provides access to Tribal land (23 U.S.C. 101(a)(33)).]

Applications must demonstrate that the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.) requirements are complete at the time of application to be eligible for funding (FAST Act Section 1123(c)(2)). This can be demonstrated through a Record of Decision, Finding of No Significant Impact, or determination that the project is categorically excluded.

Projects must have an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12.5 million (FAST Act Section 1123(c)(3), as amended).

For eligibility, projects may only use funds for construction, reconstruction or rehabilitation of transportation facilities. The costs of preliminary engineering and project design activities are not eligible for reimbursement under this program. The costs of such activities may not be applied to the estimated total eligible project costs. (FAST Act, Section 1123(d)).

3. COST SHARING

See Section A. The Federal share of the cost of a project shall be up to 90 percent for a project on a Federal lands transportation facility or a Federal lands access transportation facility. The Federal share of a project on a Tribal transportation facility shall be 100 percent. Applications for projects on a non-Tribal transportation facility that do not provide at least the minimum cost share of 10 percent of eligible costs will be determined ineligible.

The non-Federal share for a project on a Federal lands transportation facility or a Federal lands access transportation facility shall be at least 10 percent. Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of an NSFLTP project. DOT will not consider previously incurred costs or previously expended or encumbered funds toward the matching requirements for any project. Additional information on non-Federal matching requirements can be found at: https://www.transportation.gov/grants/dot-navigator/understanding-non-federal-match-requirements.

4. OTHER

Applicants who applied for funding under the FYs 2024 through 2026 NSFLTP Program NOFO published on July 17, 2024, must update and resubmit their application under this opportunity to be considered for funding. Awards will not be made under the previous NOFO.

Applications that are determined to be late, duplicate, incomplete, or submitted under the July 17, 2024, NOFO without being updated and resubmitted for this NOFO will not be reviewed under this funding opportunity.

If a non-State Department of Transportation (State DOT) applicant that is not a Tribe or FLMA will use Federal-aid formula funds apportioned to a State DOT as part of the total project budget, the application must also include a supporting letter from the State DOT agreeing to administer the project with the non-State DOT applicant serving as the sub-recipient.

Previous recipients of NSFLTP Program grants may apply for funding under this NOFO, including those who submit applications to support additional components of a project previously awarded NSFLTP funding. FHWA will not provide NSFLTP Program funding for the same activities covered by a previous NSFLTP Program award.

5. APPLICATION LIMIT

There is no limitation on the number of applications an applicant may submit. If submitting more than one application, indicate the funding priority of each application on the application cover page. DOT is not required to consider the applicant’s funding priority when making selections.

PROGRAM DESCRIPTION

1. PROGRAM PURPOSE

The purpose of the NSFLTP Program is to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and Tribal transportation projects.

2. PROGRAM GOALS AND ADMINISTRATION PRIORITIES

The goals of the NSFLTP Program include furthering the state of good repair for eligible surface transportation infrastructure and promoting economic competitiveness, quality of life and safety. Other program goals include improving conditions of critical transportation facilities, and meeting the needs for construction, reconstruction or rehabilitation of eligible surface transportation infrastructure.

The Department intends to apply principles from DOT Order 2100.7 (Ensuring Reliance Upon Sound Economic Analysis in DOT’s Policies, Programs and Activities) and DOT Order 2100.9 (Ensuring Nondiscrimination and Equal Opportunity in Department of Transportation Policies, Programs, and Activities) when evaluating applications and making award selections. To the maximum extent permitted by law, DOT will prioritize projects that are in alignment with the principles outlined in DOT Orders 2100.7 and 2100.9. Under this program, DOT will seek to award funding to projects that address core infrastructure, improve economic competitiveness, reinvest in the American family and promote innovation.

Section F of this NOFO describes the process for selecting projects furthering the goals and priorities for this program and the Trump Administration. Section H describes progress and performance reporting requirements for selected projects, including the relationship between reporting and the program’s selection criteria.

3. PROGRAM AUTHORIZATION AND FUNDING PRIORITIES

The NSFLTP Program was established under Section § 1123(a) of the FAST Act. IIJA amended the program and authorized $55 million in contract authority per fiscal year for FYs 2022 through 2026 from the Highway Trust Fund. The IIJA also authorized additional funding from the General fund, subject to future appropriation. While additional funding was appropriated for the program in FYs 2022 and 2023, additional funding was not appropriated in FYs 2024 through 2026. Therefore, the total amount of funding available for awards under this NOFO is up to $165 million. The actual amounts available for award are reduced from the authorized funding amounts due to the imposition of the obligation limitation for the Federal-aid highway program per the provisions of the annual appropriations acts. FHWA may also award any remaining and available funds from prior fiscal years, and any additional FY 2026 funds that may be appropriated, under this opportunity.

Per statute, 50 percent of NSFLTP funds per fiscal year must be used for projects on Tribal transportation facilities and 50 percent used for projects on Federal lands transportation facilities and Federal lands access transportation facilities (FAST Act § 1123(h)(1), as amended). Of the latter category, FHWA must award funding to at least one eligible project per fiscal year submitted by NPS for a unit of the National Park System with at least three million annual visitors (FAST Act § 1123(h)(2), as amended).

The NSFLTP funds available under this funding opportunity are from the Highway Trust Fund and have an obligation deadline as shown below. FHWA will award funding with this in mind, as disclosed in Section F.

Once obligated, funding under this opportunity does not have an expenditure deadline, but the total period of performance for the award(s) is anticipated to be between 1 and 4 years. The start of the period of performance will begin on the date of grant agreement execution.

This NOFO is subject to the availability of funding. The Government’s obligation under any resulting award is contingent upon the availability of funding. There is no legal liability on the part of the Government for any payment that may arise until funds are available and obligated to an award. DOT is not obligated to make any award because of this notice.

4. AWARD SIZE

There is no minimum or maximum amount for NSFLTP Program awards. However, the total project cost must be at least $12.5 million (FAST Act Section 1123(c)(3), as amended).

5. TYPE OF AWARD

FHWA will administer grants to States, counties, and units of local government, generally on a reimbursement basis. FHWA will administer grants to Tribes and FLMAs generally on an advance basis.

See Section G for additional information on cost reimbursement.

6. PERFORMANCE GOALS

See Section H for details on performance reporting requirements and goals.

7. PREVIOUS AWARDS

Previous program awards can be reviewed at: https://highways.dot.gov/federal-lands/significant.

APPLICATION CONTENTS AND FORMAT

1. APPLICATION FORMAT

All applications must be submitted electronically through Grants.gov.

Application files should be single-spaced, 12-point standard font (e.g., Times New Roman). Files should be in PDF unless otherwise specified (e.g., Excel based forms and location files such as Shapefile or KML/KMZ).

DOT recommends applicants use a file naming format of: “[Applicant organization#]-2026-NSFLTP” where “Applicant organization” reflects the applicant’s legal name, abbreviated as appropriate, and where “#” represents the order of applicant priority for the grant, if more than one application is submitted (see. If necessary, the workspace title can be edited per the instructions on Grants.gov.

The application package must consist of the following:

All Project Types

Standard Form (SF) 424 (Application for Federal Assistance)

SF-424C (Budget Information for Construction Projects)

Grants.gov Lobbying Form (Certification Regarding Lobbying)

SF-424D (Assurances for Construction Programs)

SF-LLL (Disclosure of Lobbying Activities form)

The NSFLTP Program Application Template (see Section D.2) must be added as an attachment to item 15 of the SF-424.

2. APPLICATION CONTENT

Standard Forms

All mandatory SFs of the 424 family are available for download at https://www.grants.gov/forms/forms-repository/sf-424-mandatory-family.

For more information on SF, please see: Standard Forms | FHWA.

The NSFLTP Program Application Template

Applicants must complete the NSFLTP Program FYs 2024 through 2026 Application Template and include it as an attachment to Item 15 of their SF-424. The Application Template should provide all information necessary for DOT to determine that the project satisfies the eligibility requirements described in Section B and to evaluate the criteria specified in Section F.

DOT will only review the completed Application Template and the allowable supplemental documents (e.g., budget, schedule, design plans, etc.) specified within the Application Template instructions.

The application must provide a budget for the project, either within the Application Template itself, or as an attachment. The budget must identify the amount and percentage of NSFLTP funding requested and any additional Federal or non-Federal funds, if applicable, to be used for the project.

The Application Template can be found on Grants.gov.

3. SHARING OF APPLICATION INFORMATION

DOT may share application information within DOT or with other Federal Agencies if DOT determines that such sharing is relevant to the respective program’s goals.

SUBMISSION REQUIREMENTS DEADLINE

1. ADDRESS TO REQUEST APPLICATION PACKAGE

Applicants may obtain application forms on Grants.gov under the Funding Opportunity Number under Section A.

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

· Opportunity Number: FHWA-NSFT-FY24-001

· Opportunity Name: Nationally Significant Federal Lands and Tribal Projects Program

· Assistance Listing Number: 20.276

Select the opportunity option, 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 the NSFLTP Program application. The applicant must complete and submit all forms included in the application package for this notice as contained at Grants.gov.

Should applicants have any difficulties in accessing any SFs and require paper copies, please contact the Agency contact provided in Section A of this NOFO.

2. UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT

Each applicant must:

· Have an active registration in the System for Award Management (SAM) at SAM.gov before submitting its application;

· Provide a valid Unique Entity Identifier in its application; and

· Continue to maintain an active registration in SAM.gov with current information at all times during which it has an active Federal award or an application under consideration by a Federal Agency.

Please note the SAM registration process takes several weeks to complete, if not longer.

3. SUBMISSION INSTRUCTIONS

All applications must be submitted electronically through Grants.gov. The Department does not accept applications via mail, fax, email, or any other means. Additional resources on applying through Grants.gov can be found at https://www.grants.gov/applicants.

4. SUBMISSION DEADLINE

FYs 2024 through 2026 NSFLTP Program applications must be submitted through Grants.gov by 11:59:59 PM EST on July 16, 2026. Grants.gov attaches a time stamp to each application at the time submission is complete.

5. CONSIDERATION OF APPLICATIONS

Only applicants who comply with all submission deadlines described in this notice and electronically submit valid, on-time applications through Grants.gov will be eligible for evaluation and possible selection for award.

To the extent practicable, applicants should provide supporting data and documentation in a form directly verifiable by DOT. DOT may, but is not required to, reach back to applicants for the purpose of clarifying application information. DOT will not request additional information to perfect incomplete applications.

6. SUBMISSION ISSUES

For information on submission issues and more information on late applications, please see Submission Issues | FHWA.

7. INTERGOVERNMENTAL REVIEW

This program is not subject to E.O. 12372, Intergovernmental Review of Federal Programs.

8. COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973

The Department encourages applicants to submit documents compliant with Section 508 of the Rehabilitation Act of 1973 (see Section 508 guidelines).

APPLICANT REVIEW INFORMATION

MERIT CRITERIA

DOT will evaluate applications submitted in response to this notice using the merit criteria listed below. The ratings for each merit criteria will also be assigned a label of Highly Responsive, Responsive, or Non-Responsive. These ratings will be used at the conclusion of the merit criteria evaluation to assign the application an overall merit criteria rating of High, Medium, or Low.

Merit Criterion 1: Statutory Selection Criteria § 1123(f)(1)-(3) of the FAST Act and in support of Addressing Core Infrastructure, Economic Competitiveness and Reinvesting in the American Family

In selecting a project to receive funds under the program, DOT shall consider the extent to which the project aligns with the following statutory selection criteria. The project:

· “furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;”

· “improves the condition of critical transportation facilities, including multimodal facilities;” and

· “requires construction, reconstruction, or rehabilitation.”

FHWA will evaluate this criterion by considering the extent to which the project improves the condition of a transportation facility, aligns with DOT safety goals, and the critical nature of the facility along with the need for the project. FHWA will also consider whether the project supports economic competitiveness, and if the project improves the quality of life, especially projects that include elements to support American families. Examples may include but are not limited to a bridge in poor condition that may be subject to closure in the absence of funds; or a primary transportation facility that provides access to critical community services, high use recreation destination areas, or other economic generators within Tribal or Federal lands.

Criterion 1:

A. Project improves the state of good repair, especially if mitigating single points of failure (e.g., repairing bridges with long detour routes), and aligns with the Department’s safety goals by including elements such as the safe system approach and proven safety countermeasures (see FHWA’s page on Safety).

B. Project improves critical infrastructure, including multimodal facilities; for example, infrastructure that improves access to significant resources and destinations.

C. Project is in need of construction, reconstruction, or rehabilitation.

D. Project supports economic competitiveness such as providing access to natural resources (especially energy production, critical minerals extraction, and agricultural operations), areas of national interest, access to businesses and jobs, and promoting tourism.

E. Project improves the quality of life and supports reinvestment in American families, such as by improving the travel experience for families or access for individuals with disabilities.

The project aligns with A, B, C, D, and E.

The project aligns with A, B, and C.

The project does not align with A, B, or C.

Merit Criterion 2: Statutory Selection Criteria § 1123(f)(6) of the FAST Act and in support of Innovation

In selecting a project to receive funds under the program, DOT shall consider the extent to which the project uses new technologies and innovations that enhance the efficiency of the project.

Criterion 2:

Project uses new technologies and innovations that enhance the construction or operational efficiencies of the project, or the transportation efficiencies of the system.

Merit Criterion 3: Statutory Selection Criteria § 1123(f)(4), (5) and (7)-(9) of the FAST Act, funding and location criteria.

In selecting a project to receive funds under the program, DOT shall consider the extent to which the project aligns with the following statutory selection criteria. Per statute, the project:

· as costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;

· is included in or eligible for inclusion in the National Register of Historic Places;

· is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;

· spans two or more States; and

· serves land owned by multiple Federal Agencies or Indian Tribes.

Criterion 3:

A. Non-NSFLTP Program funding is provided for projects on Tribal transportation facilities; or Non-NSFLTP Program funding will account for more than 10 percent of total eligible project costs for projects not on Tribal transportation facilities.

B. Project facilities are included in or eligible for inclusion in the National Register of Historic Places.

C. The facility to be improved has a source of funding to aid in the future maintenance and operation of the facility, with reasonable expectation that those funds will remain available.

D. Project spans two or more States.

E. Project serves land owned by multiple Federal Agencies or Indian tribes.

The project aligns with three or more subcomponents.

MERIT CRITERIA RATINGS

Based on the assessment described in Section F.1 above, DOT will assign a merit criteria rating as shown in the table below.

PROJECT READINESS ASSESSMENT

To assess the likelihood of a successful project, DOT will consider project readiness for eligible applications receiving a medium or higher merit criteria rating.

For the project readiness assessment, DOT will consider three evaluation ratings: Technical Assessment, Financial Completeness Assessment, and Permitting Risk Assessment. DOT will use information from the project readiness assessment portion of the application, as well as information contained throughout the application, to complete the project readiness assessment. The ratings for each project readiness assessment criterion will also be assigned a numerical label. These will be used at the conclusion of the project readiness assessment to assign the application an overall readiness rating.

Readiness: Technical Assessment

The Technical Assessment will evaluate the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements and will also assess the technical feasibility of the project as described in the application. Technical Assessment ratings will be one of the following: Certain (3), Somewhat Certain (2), or Unknown or Uncertain (1), as defined in the table below.

Technical Assessment ratings will be based on:

Technical Assessment Elements:

A. The applicant has the technical and staffing resources to deliver the project.

B. The project will comply with all applicable Federal requirements.

C. The applicant demonstrates a commitment to timely project delivery, as demonstrated by the schedule information in the application.

D. The applicant demonstrates the technical feasibility of the project.

The application demonstrates that the applicant and project will meet Technical Assessment Elements A, B, C, and D.

The application demonstrates that the applicant and project will meet Technical Assessment Elements B, C, and D, and may not currently have the technical or staffing resources to deliver the project but will obtain the resources needed to deliver the project if awarded.

The application does not demonstrate that the applicant or project will meet Technical Assessment Elements B, C, or D, nor that the applicant has, or will obtain the resources necessary to deliver the project.

Readiness: Financial Completeness Assessment

The Financial Completeness Assessment evaluates the availability of matching funds and whether the applicant presented a complete funding package and will receive a rating of Complete (3), Partially Complete (2), or Incomplete (1), as defined in the table below.

Financial Completeness Assessment ratings will be based on:

Financial Completeness Assessment Elements:

A. The application demonstrates the costs in the estimate are reasonable and necessary to complete the project.

B. The application includes a plan to address potential cost overruns.

C. The application demonstrates reasonable availability of all funding needed to complete the project with an award.

D. The application includes information on how future operation, maintenance, and preservation costs will be funded.

The application demonstrates that the applicant and project will meet Financial Completeness Assessment Elements A, B, C, and D.

The application demonstrates that the applicant and project will meet Financial Completeness Assessment Elements A and C.

However, while a plan for cost overruns is provided, it is incomplete or based on approaches or funding sources not reasonably assumed available to the applicant; or the funding described for future operation, maintenance, or preservation costs is not reasonably assumed available to the applicant.

The application does not demonstrate that the applicant or project will meet Financial Completeness Assessment Elements A or C, or the application does not demonstrate that the applicant or project will meet Elements B or D, or the methods or funding sources for B or D, are not reasonably assumed available to the applicant.

Readiness: Permitting Risk Assessment

The Permitting Risk Assessment evaluates the status of the environmental approvals required for the proposed project and the likelihood that other necessary approvals, permits, or public engagement, will affect the project obligation. The applicant must also disclose if there is open litigation concerning the project, or if there is a known and difficult to resolve public controversy, or Agency opposition to the project on environmental grounds. This assessment will result in a rating of High Risk (1), Moderate Risk (2), or Low Risk (3), as defined in the table below.

Permitting ratings will be based on:

Permitting Risk Assessment Elements:

A. All necessary permits have been obtained, or the application demonstrates permits and approvals will be obtained in time to meet the project schedule.

B. Public engagement has occurred or will occur, and any known public controversy has been or will be addressed or mitigated.

C. The application discloses any known and unmitigated issues posing high risk to project delivery. Examples include litigation, known public controversy, or Agency opposition to the project on environmental grounds.

The application demonstrates that the applicant and project will meet Permitting Risk Elements A and B, and does not have any known unmitigated risks to project delivery as shown in Element C.

There is a risk of schedule delay because of either:

· permit work has not started, and the schedule does not include time for schedule delays; or

· public engagement has not started, and the schedule does not include time to address public input; or

· the project or program has known unmitigated risks to project delivery as shown in Element C.

The application indicates risk as described in Permitting Risk Assessment Element C; or the application does not meet Elements A or B.

The Project Readiness Ratings described above will be translated to a High, Medium, or Low rating using the table below:

OVERALL APPLICATION RATING

DOT will assign each eligible application an overall rating of Highly Recommended, Recommended, or Not Recommended. The rating will be assigned on the following basis:

A rating of Highly Recommended will be assigned to an application that:

· Received no less than a High rating for both merit criteria and project readiness.

A rating of Recommended will be assigned to an application that:

· Received no less than a Medium rating for both merit criteria and project readiness and did not receive a High rating for both merit criteria and project readiness.

A rating of Not Recommended will be assigned to an application that:

· Received a Low rating for either merit criteria or project readiness.

STATUTORY AND DOT PRIORITY CONSIDERATIONS

After completing the merit criteria review and project readiness assessment, among projects of similar application rating of Highly Recommended or Recommended, DOT will prioritize selections based on the statutory requirements. Then, FHWA may prioritize selections based on one or more of the DOT priority considerations as described below:

· DOT may provide awards to applications receiving a high readiness rating.

· DOT may provide awards to promote a geographic mix of recipients.

· DOT may provide awards to projects that decrease roadway traffic congestion without proposing limits on roadway capacity for motor vehicles or creating artificial chokepoints for motor vehicles.

· DOT may provide awards to projects that show a high responsiveness to reinvesting in the American family through beautification of transportation infrastructure, improvements to the travel experience for American families, or expansion or modernization of transportation in rural communities.

The application should demonstrate how the project may meet these DOT priority considerations.

REVIEW AND SELECTION PROCESS

DOT will review applications received by the deadline for completeness and eligibility based on the information found in Section B of this notice. This review phase is referred to as the intake and eligibility review. Applications that pass the intake and eligibility review will be evaluated by the Technical Review Team (TRT), and once evaluated and rated, will then be evaluated by the Senior Review Team (SRT), to determine which applications are presented to DOT Leadership for final selection, as described below.

Technical Review Team

The evaluation of eligible applications will be conducted by a TRT, comprised of DOT and FHWA Staff. TRT will evaluate each application passing the initial intake and eligibility review against the merit criteria in Section F. TRT will then complete the project readiness assessment as described under Section F to determine which applications are rated as Highly Recommended, Recommended, or Not Recommended.

The TRT will then evaluate each Highly Recommended and Recommended application for its responsiveness to the DOT priority considerations. The TRT will send to SRT information on all eligible applications including the rating for each merit criteria, the project readiness assessment rating, and the evaluation of responsiveness to the DOT priority considerations.

Senior Review

FHWA SRT may consist of officials from the Office of the Secretary of Transportation, the FHWA Administrator, and others in senior leadership positions requested to serve by the FHWA Administrator. FHWA SRT will determine which projects advance to DOT Leadership for final selection. DOT Leadership has the discretion to determine which applications best address the NSFLTP Program merit criteria, project readiness assessment, and selection considerations and should be selected for award.

DOT intends to apply principles from DOT Order 2100.7, (Ensuring Reliance Upon Sound Economic Analysis in DOT’s Policies, Programs and Activities) when evaluating applications and making award selections. To the maximum extent permitted by law, DOT will prioritize projects in alignment with the principles outlined in DOT Order 2100.7.

Per statute, 50 percent of NSFLTP funds per fiscal year must be used for projects on Tribal transportation facilities and 50 percent used for projects on Federal lands transportation facilities and Federal lands access transportation facilities (FAST Act § 1123(h)(1), as amended). In addition, FHWA must award funding to at least one eligible project per fiscal year submitted by NPS for a unit of the National Park System with at least three million annual visitors (FAST Act § 1123(h)(2), as amended).

Reduced Awards

In accordance with Section D of this NOFO, DOT may enter discussions with an applicant to discuss, if mutually agreeable, a lesser scaled amount of a potential award. This may occur because of the quantity, size and scope of the applications received in response to this notice and the results of the application review process.

6. APPLICANT RISK ASSESSMENT

Prior to award, each selected applicant will be subject to a risk assessment required by 2 Code of Federal Regulation (CFR) § 200.206. DOT must review and consider any information about the applicant in the designated integrity and performance system accessible through SAM. An applicant may review information in SAM.gov and comment on any information about itself that a Federal awarding Agency previously entered. DOT will consider comments by the applicant, in addition to other information in SAM.gov, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the risk assessment. DOT reserves the right to deny an award based on the results of the risk assessment or include special conditions that correspond to the degree of risk assessed may be applied to the Federal award in accordance with 2 CFR § 200.206.

DOT will consider the following factors in its risk assessment in accordance with 2 CFR § 200.206:

· Financial stability—the applicant’s record of effectively managing financial risks, assets, and resources;

· Management systems and standards—quality of management systems and ability to meet the management standards prescribed in this part;

· History of performance, if applicable—the applicant’s record of managing previous and current Federal awards, including compliance with reporting requirements and conformance to the terms and conditions of Federal awards, if applicable;

· Audit reports and findings—reports and findings from audits performed under subpart F or the reports and findings of any other available audits, if applicable; and

· Ability to effectively implement requirements—the applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on recipients of Federal awards.

G. AWARD NOTICES

1. HOW PROJECT SELECTIONS ARE ANNOUNCED

Following the evaluation outlined in Section F, DOT will announce selected projects by posting a list of selected projects at: https://highways.dot.gov/federal-lands/significant. Notice of selection is not authorization to begin performance or to incur costs for the proposed project. Following the announcement, DOT will contact the point of contact listed in the SF-424 to initiate negotiation of the grant agreement for authorization.

The NSFLTP Program grants will be awarded upon the execution of a grant agreement between the DOT and the recipient. Determination of which DOT modal administration will administer the grant will occur after selections are announced.

Unsuccessful applicants may request a debriefing up to 90 days after the selected funding recipients are publicly announced. The request must be submitted by the applicant identified on the SF-424. The debrief will be limited to how the application responded to the Grant program evaluation criteria described in Section F of the NOFO. All debrief requests should be submitted to NSFLTP-Program @dot.gov by the applicant identified on the SF-424.

2. REIMBURSEMENT AND COSTS INCURRED PRIOR TO AWARD AND OBLIGATION OF GRANT FUNDS

Unless authorized by DOT in writing after announcement of FY 2024 through 2026 NSFLTP Program selections, any costs incurred prior to DOT’s obligation of funds for a project are ineligible for reimbursement and are ineligible cost share requirements. DOT will primarily administer grants to States, counties, and units of local government, on a reimbursement basis. Under the reimbursement approach, DOT funds will reimburse recipients only for costs incurred after execution of a grant agreement for costs DOT determines to be allowable, reasonable, and allocable, as defined under 2 CFR Part 200, and after the recipient submits valid requests for reimbursement. DOT will primarily administer grants to Tribes and FLMAs on an advanced basis.

If a recipient cannot complete a project on a reimbursable basis, DOT will, on a case-by-case basis, consider recipient requests to use alternative payment methods as described under 2 CFR 200.305(b).

H. POST-AWARD REQUIREMENTS AND ADMINISTRATION

1. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

Administrative Requirements

All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal awards found in 2 CFR Part 200, as adopted by DOT at 2 CFR Part 1201. Applicable Federal laws, rules, and regulations set forth in Title 49 of the CFR, shall apply to awards provided under this program.

In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of DOT and FHWA; and applicable Federal financial assistance and contracting principles promulgated by Office of Management and Budget (OMB). In complying with these requirements, recipients must ensure that no concession agreements are denied, or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If DOT determines a recipient has failed to comply with applicable Federal requirements, DOT may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.

Program Requirements

Critical Infrastructure Security, Cybersecurity and Resilience

It is the policy of the U.S. Government to strengthen the security and resilience of its critical infrastructure against all threats and hazards, including physical and cyber risks, consistent with National Security Memorandum 22 to secure and enhance the resilience of United States critical infrastructure. Each applicant selected for Federal funding must demonstrate, prior to the signing of the grant agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by DOT and the U.S. Department of Homeland Security, will be required to do so before receiving funds.

Domestic Preference Requirements

As expressed in E.O. 14005, Ensuring the Future Is Made in All of America by All of America’s Workers (86 FR 7475), the executive branch should maximize, consistent with law, the use of goods, products, and materials produced, and services offered in the United States. Funds made available under this notice are subject to FHWA’s steel, iron, and manufactured product domestic requirements at 23 U.S.C. 313 and 23 CFR 635.410, and the construction materials domestic preference requirement at Pub. L. No 117-58, div. G §§ 70901–70927, as implemented by OMB at 2 CFR part 184. DOT expects all applicants to comply with those requirements.

Federal Anti-Discrimination

· Except where prohibited by court order, pursuant to E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, as a condition of grant award, each Recipient must agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the Government’s payment decisions for purposes of section 3729(b)(4) of Title 31, U.S.C.

· Except where prohibited by court order, pursuant to E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, as a condition of grant award, each Recipient must certify that it does not operate any program is promoting diversity, equity, and inclusion initiatives that violate any applicable Federal anti-discrimination laws.

To the extent a court order bars the implementation or enforcement of one or more of these provisions with respect to a particular applicant or recipient, DOT will not implement or enforce the relevant provision(s) against that applicant or recipient for as long as the order remains in place.

Compliance with Federal Law and Policies

Except where prohibited by court order, the applicant assures and certifies, with respect to any application and awarded Project under this NOFO it will comply with all applicable Federal laws, regulations, E.O., policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds.

2. REPORTING

Each applicant selected for the NSFLTP Program funding must submit semi-annual progress reports and semi-annual Federal Financial Reports (SF-425) to monitor project progress and ensure accountability and financial transparency in the program.

Per the Performance and Program evaluation | FHWA Website, DOT reserves the right to request additional information, if deemed needed, to better understand the status of the project. The successful applicant will provide additional financial reporting beyond the quarterly reporting if such statements are necessary to address DOT’s Stewardship and Oversight responsibility of the awarded grants funds. The successful applicant also agrees to allow periodic project inspections and DOT will provide notice for such inspections.

This is the Application Template for Fiscal Years (FY) 2024 through 2026 Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program.

Submission of this Application Template is required as part of a complete application package. The Application Template, in conjunction with the allowable attachments and standard forms, must provide all information necessary for the U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA) to determine if the project meets the eligibility requirements described in Notice of Funding Opportunity (NOFO) Section B and to evaluate the criteria specified in NOFO Section F. DOT will consider applications submitted without the completed template as incomplete and will not review the submission. DOT encourages applicants to review the NOFO in its entirety to ensure that their project is eligible and includes all required information and documentation.

Expand the response blocks as necessary but limit the total application template to a total of 20 pages not including attachments. [Applicants: Delete instructions shown below in italic prior to submittal.]

I. Summary

Project Name:

Eligible Entity Applying to Receive Federal Funding:

Entity Type:

(Entity types marked with an * must attach a sponsor letter from an eligible federally recognized Indian Tribe or FLMA. See Section B of the NOFO for more details) ☐ Tribal Government ☐ Federal Land Management Agency (FLMA) ☐ County or unit of local government* ☐ State*

State(s) in which the project is located:

Project Abstract: Summarize project work to be completed under the project and succinctly describe how the NSFLTP funds would be used to complete the project.

Attachments: Please list any attachments to this form, including letters of support. This includes any applicable State Department of Transportation support letters as described in Section B.4 of the NOFO.

II. Project Information

(The facility does not need to be included in an inventory described in 23 United States Code (U.S.C.) Sections 202 or 203.)

☐ Federal lands transportation facility[footnoteRef:5] [5: A Federal lands transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government (23 U.S.C. 101(a)(8)). ]

☐ Federal lands access transportation facility[footnoteRef:6] [6: A Federal lands access transportation facility means a public…