NSFLTP FY24_26 NOFO.pdf

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration Notice of Funding Opportunity for Fiscal Years (FY) 2024-2026 Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program

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

(FHWA)

ACTION: Notice of Funding Opportunity (NOFO)

SUMMARY:

SUMMARY OVERVIEW OF KEY INFORMATION:

NOFO for FY 2024 – 2026 NSFLTP

Issuing Agency FHWA

Program Overview

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.

Objectives Construction, reconstruction, and rehabilitation of nationally significant projects on Federal or Tribal Lands.

Eligible Applicants

• Federal Land Management Agencies (FLMA)

• Tribal Governments

• States, counties, and units of local government may also apply, but only if sponsored by an FLMA or Tribal government.

Eligible Project Types

Construction, reconstruction, or rehabilitation of a single continuous project on a Federal Lands transportation facility, a Federal Lands access transportation facility, or a Tribal transportation facility, for which activities required under the National Environmental Policy Act (NEPA) are complete and which has an estimated total project cost equal to or exceeding $12,500,000.

Funding This NOFO announces three application periods:

• FY 2024 Funding: Up to $47.74 million

• FY 2025 Funding: Up to $55 million

• FY 2026 Funding: Up to $55 million

The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

Deadline This NOFO announces three application periods with three different application deadlines:

The purpose of this NOFO is to solicit applications for each Fiscal Year 2024 through 2026 for the NSFLTP Programs and will result in the distribution of up to $165 million. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

The NSFLTP Program was authorized by Section 1123 of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94), as amended by Section 11127 of the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL) (Pub. L. 117- 58). Funds made available for NSFLTP Program grants are to be awarded on a competitive basis to construct, reconstruct, or rehabilitate nationally significant Federal Lands and Tribal transportation projects. FAST Act § 1123(a). This NOFO describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available technical assistance during the grant solicitation period.

DATES:

Applications for FY 2024 funds must be submitted electronically through Grants.gov by 11:59 p.m., Eastern Standard Time, on October 16, 2024. The Grants.gov “Apply” function will close on October 17, 2024, and will reopen on May 1, 2025, for the FY 2025 application period.

Applications for FY 2025 funds must be submitted electronically through Grants.gov starting on May 1, 2025, and no later than 11:59 p.m., Eastern Standard Time, on August 1, 2025. The Grants.gov “Apply” function will close again on August 2, 2025, and will reopen on May 1, 2026, for the FY 2026 application period.

Applications for FY 2026 funds must be submitted electronically through Grants.gov starting on May 1, 2026, and no later than 11:59 p.m., Eastern Standard Time, on August 1, 2026.

FHWA plans to conduct outreach regarding the NSFLTP Program in the form of Webinars. For more information and to join the Webinars, see the NSFLTP Webpage:

https://highways.dot.gov/federal-lands/programs/significant. The Webinar will be recorded and posted on FHWA’s Website at https://highways.dot.gov/federal-lands/programs/significant. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

ADDRESSES:

Applications must be submitted electronically through https://www.Grants.gov. Refer to Catalog of Federal Domestic Assistance Number: 20.205 Highway Planning and Construction.

• FY 2024 Deadline: October 16, 2024, 11:59 p.m. EST

• FY 2025 Deadline: August 1, 2025, 11:59 p.m. EST

• FY 2026 Deadline: August 1, 2026, 11:59 p.m. EST

Cost-Share 90 percent of total project costs for projects on non-Tribal transportation facilities and 100 percent for projects on Tribal facilities.

https://highways.dot.gov/federal-lands/programs/significant https://highways.dot.gov/federal-lands/programs/significant https://www.grants.gov./

FOR FURTHER INFORMATION CONTACT:

Frances Ramirez National Program Manager Office of Federal Lands Programs Federal Highway Administration Building E1, Suite 150 22001 Loudoun County Parkway Ashburn, VA 20147 email: NSFLTP-Program@dot.gov.

Alternate:

Veronica R. Jacobson, P.E.

Grants Management Specialist Office of Acquisition and Grants Management Federal Highway Administration (HCFA-42) U.S. Department of Transportation 1200 New Jersey Avenue, SE.

Washington, DC 20590 email: NSFLTP-Program@dot.gov.

Office hours are from 9:00 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, except Federal holidays.

Applicants are encouraged to refer to FHWA’s Website at https://highways.dot.gov/federal-lands/programs/significant for more program information, including fact sheets, additional resources, and points of contact. The DOT Navigator is a tool with additional information and guidance to assist applicants in applying for DOT funding.

FHWA will not review applications in advance, but FHWA staff are available for general questions about the NSFLTP 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 clarification at Grants.gov under this NOFO’s page and on the NSFLTP Program Website https://highways.dot.gov/federal-lands/programs/significant. 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.

SUPPLEMENTARY INFORMATION:

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

mailto:NSFLTP-Program@dot.gov mailto:NSFLTP-Program@dot.gov

Table of Contents

A. Program Description

B. Federal Award Information

C. Eligibility Information

D. Application and Submission Information

E. Application Review Information

F. Federal Award Administration Information

G. Federal Awarding Agency Contacts

H. Other Information

This NOFO contains collection of information requirements subject to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, 424C, 424D, and SF-LLL has been approved by the Office of Management and Budget (OMB) under OMB Control Number 2105-0520. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to penalty for failure to comply with, a collection of information subject to the Paperwork Reduction Act, unless that collection displays a currently valid OMB control number.

NOTE: 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 registration for the site may take multiple weeks. It is the applicant’s responsibility to monitor for any updates to this NOFO.

http://www.grants.gov/

SECTION A - PROGRAM DESCRIPTION

1. Overview

The FAST Act established the NSFLTP Program. Under Section § 1123(a) of the FAST Act, the purpose of the NSFLTP Program is to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal Lands and Tribal transportation projects.

The BIL provided $55 million per year in contract authority funding from the Highway Trust Fund for each of FYs 2022 through 2026. The BIL also modified the NSFLTP Program in several ways, such as:

• Reducing minimum project sizes from $25 million to $12.5 million;

• Requiring that half of the funding each fiscal year go to projects on Tribal transportation facilities and half of the funding go to projects on Federal Lands transportation facilities and Federal Lands access transportation facilities;

• Increasing the Federal share of projects on Tribal transportation facilities to 100 percent;

• Allowing all Federal funds, including those made available under Titles 23 and 49 of the

United States Code (U.S.C.), to serve as the non-Federal share of the project; and

• Requiring the funding of at least one eligible project submitted by the National Park

Service for a unit of the National Park System with 3 million annual visitors or more.

2. DOT Administration Priorities

The DOT seeks to fund projects that advance the DOT priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation as described in the USDOT Strategic Plan, Research, Development and Technology Strategic Plan, USDOT Strategic Plan FY 2022-2026, and in executive orders (E.O.).1 These DOT Priorities will be considered in the application review process as provided in Section E of this NOFO, which outlines the Merit Criteria and describes the process for selecting projects that further these goals.

Section F.3 of this NOFO 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 NSLFTP program is described in the Federal Assistance Listings under the assistance listing program title “Highway Planning and Construction” and assistance listing number 20.205.

FHWA is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. FHWA also recognizes that applicants may be

1 E.O. 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619). E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009). E.O. 14025, Worker Organizing and Empowerment (86 FR 22829), and E.O. 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).

https://www.transportation.gov/sites/dot.gov/files/2023-01/USDOT%20RDT%20Strategic%20Plan%20FY22-26_010523_508.pdf https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT discretionary opportunities or seek a combination of funding from multiple DOT opportunities. The applicant should identify any other DOT programs and opportunities they intend to apply for (or use if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in their applications, as further described in Section D.2.a.II of this NOFO.

4. Changes from the FY 2023 NSFLTP Program NOFO

While FHWA has modified the format of this NOFO compared to the FY 2023 NOFO for readability, much of the content remains the same.

The NOFO was also modified to announce multiple years of funding. This NOFO sets out the application requirements and dates for funding available in FY 2024 through FY 2026.

FHWA has also made slight revisions to the evaluation of the merit criteria under Section E.1.a and under Section E.1.b.

In addition, project readiness is a separate assessment under this NOFO, which FHWA will assess for all projects. See Section E.1.c. of the NOFO. Project readiness was a discretionary criterion under the FY 2023 NOFO.

SECTION B - FEDERAL AWARD INFORMATION

1. Award Amount Available

The total amount of funding available for awards under this NOFO is up to $47.74 million for the FY 2024 application period, up to $55 million for the FY 2025 application period, and up to $55 million for the FY 2026 application period, which comprises all of the remaining funding authorized by BIL for the NSFLTP Program. The actual amount available to be awarded under this NOFO will be subject to the availability of funds. If additional funding is appropriated for the NSFLTP during FYs 2024, 2025, or 2026, FHWA may amend this NOFO to include any such amount.

2. Award Size and Anticipated Number of Awards

Under Section § 1123(c)(3) of the FAST Act, eligible projects must have an estimated total eligible cost, based on the results of preliminary engineering, of at least $12.5 million. There are, however, no minimum or maximum award amount sizes assuming that the project’s estimated cost is at least $12.5 million. An applicant may request or receive less than $12.5 million in NSFLTP Program funding, and FHWA reserves the right to award less than the maximum amount of NSFLTP Program funding requested in an application. The NSFLTP Program funding and any additional sources of funding, however, must cover all eligible project costs, which, at the time of application, must be at least $12.5 million based on the results of preliminary engineering.

The number of awards will be determined ultimately by the number and quality of applications received in response to this NOFO and the availability of funding. The Federal Government is not obligated to make any Federal award as a result of the announcement, and the announcement of an award does not guarantee funding to the successful applicant. FHWA will obligate funds only to successful applicants upon execution of a grant agreement as described in Section B.5.

3. Statutory Funding Provisions

Per Section § 1123(h)(1) of the FAST Act, of the amounts made available to carry out this program each fiscal year, 50 percent shall be used for eligible projects on Federal Lands transportation facilities and Federal Lands access transportation facilities (as those terms are defined in 23 U.S.C. 101(a); and 50 percent shall be used for eligible projects on Tribal transportation facilities (as that term is defined in 23 U.S.C. 101(a)).

Pursuant to Section § 1123(h)(2) of the FAST Act, at least one project funded using the 50 percent set-aside for projects on Federal Lands transportation facilities and Federal Lands access transportation facilities must be in a unit of the National Park System with at least 3 million annual visitors.

4. Types of Projects

An applicant may apply for additional NSFLTP Program funds during any or all application periods under this NOFO. Similarly, entities that received previous NSFLTP Program awards for a project under an earlier application period in this NOFO or prior NOFOs may also apply for additional NSFLTP Program funding to complete additional activities, phases, or components not covered by the previous awards. FHWA will not provide NSFLTP Program funding for the same activities covered by a previous NSFLTP Program award. The resubmission of an identical application that received NSFLTP Program funding will not be eligible to receive additional NSFLTP Program funds. Applicants should clearly identify the phase and deliverables of the project for which it is seeking NSFLTP Program funding in every application submitted.

5. Type of Award

If the grant recipient is a State department of transportation (State DOT), which must be sponsored by an eligible FLMA or federally recognized Tribe to be eligible, or if a State DOT will serve as a pass-through entity to another eligible applicant, NSFLTP Program funds will be allocated upon the execution of a project agreement, which is a type of grant agreement for the administration of funds to a State DOT, in Fiscal Management Information System (FMIS).

If the successful applicant is an FLMA, federally recognized Tribe, county, or unit of local government, NSFLTP Program funds will be obligated upon the execution of a grant agreement with FHWA. After selection, the grant recipient will need to determine whether the grant recipient will administer the grant, or at the request of the grant recipient, whether an applicable State DOT will administer the project.

6. Availability of Funds

Selected projects may be funded with FY 2024, FY 2025, or FY 2026 funds. Per Section § 1123(h)(3) of the FAST Act, the funds provided for this program shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. The deadline for when each fiscal year funding must be obligated is described in the chart below.

Once obligated, NSFLTP Program funds are available until expended, subject to the requirements and policies regarding inactive obligations.

Fiscal Year Obligation Deadline

Expenditure Deadline

FY 2024 September 30, 2027 Available until Expended FY 2025 September 30, 2028 Available until Expended FY 2026 September 30, 2029 Available until Expended

Obligation of an NSFLTP Program grant occurs when a grant recipient enters into a project agreement or a grant agreement with FHWA and FHWA authorizes the project to proceed. For construction, this is generally after the grant recipient has satisfied applicable administrative requirements.

7. Period of Performance

If a grant recipient will be a State DOT or if a State DOT will serve as a pass-through entity to a non-State DOT awarded a grant, the DOT Payment System will be “FMIS” and the start of the period of performance will begin on the date the NSFLTP Program funds are obligated in FMIS and end on the project end date in FMIS.

If a grant recipient is an FLMA, federally recognized Tribe, county, or unit of local government, the DOT Payment System will be “DELPHI G-Invoicing” and the start of the period of performance will begin on the date of the grant agreement is fully executed by FHWA and end on the period of performance that is listed in the grant agreement.

SECTION C - ELIGIBILITY INFORMATION

1. Eligible Applicants

Per Section 1123(b)(1) of the FAST Act, entities eligible to receive funds under the Federal Lands Access Program (23 U.S.C. 204), the Federal Lands Transportation Program (23 U.S.C.

203), the Tribal Transportation Program (23 U.S.C. 202), and the Federal Lands Planning Program (23 U.S.C. 201) may apply for funding under the NSFLTP Program.

In addition, per Section 1123(b)(2) of the FAST Act, a State, county, or unit of local government may apply for funding under the NSFLTP Program but only if sponsored by an eligible FLMA or federally recognized Tribe.

The FLMA and Tribes should provide a list of project applications that they are sponsoring from their organization on behalf of States, counties, or units of local government. The list of sponsored projects should provide enough detail so that FHWA can match the projects to those received via Grants.gov.

To promote effective communication and coordination, an FLMA or Tribe should identify one individual within their organization who will serve as the Sponsorship Coordinator. The Sponsorship Coordinator is responsible for providing the list of sponsored projects to the NSFLTP Program contacts listed on page 2 of this NOFO. FHWA will consider projects from States, counties, or units of local governments to be eligible only if a Sponsorship Coordinator has included that project on a list of sponsored projects.

A list of Sponsorship Coordinators can be obtained from the NSFLTP Program contacts listed on page 2 of this NOFO, or at the following Website – https://flh.fhwa.dot.gov/programs/nsfltp/.

2. Cost Sharing (Non-Federal Match Requirement)

The Federal share of the total eligible project cost of projects on a Tribal transportation facility shall be up to 100 percent (FAST Act, Section 1123(g)(1)(B)), meaning that no cost sharing or matching funds are required for Tribal transportation facility projects.2 For projects on all other facilities, the Federal share shall be up to 90 percent (FAST Act, Section 1123(g)(1)(A)) of the total eligible project cost, meaning the recipient must provide at least 10 percent in matching funds.

The non-Federal share can be:

(1) Any other Federal funds (FAST Act, Section 1123(g)(2));

(2) Any private or public source;

(3) Donations of funds, materials, services, right-of-way acquisition, or utility relocation.

2 As described in Primary Merit Criterion 4 under Section E.1.a, for projects on Tribal transportation facility where matching funds are not required for the project to be eligible, providing additional matching funds will result in a higher rating for that criterion and may make such a project more likely to receive an NSFLTP Program grant award.

https://flh.fhwa.dot.gov/programs/nsfltp/

To meet the cost share requirement, where applicable, the recipient is encouraged to show on each request for reimbursement that at least 10 percent of the invoiced cost will count towards the match. Alternatively, the matching ratio may vary over the life of a project so long as at the completion of the grant award, the match requirement is met, and NSFLTP Program funds do not exceed the project's maximum 90-percent Federal share. If the recipient will vary (i.e., flex) the matching ratio, it should communicate its plan to do so within the project narrative when describing how the non-Federal share will be funded.

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 Federal funds. The costs of preliminary engineering and project design activities are not eligible for reimbursement under this program, meaning that the costs of such activities may not be applied as a match either.

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

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

Toll credits under 23 U.S.C. 120(i) cannot be used to satisfy the statutory cost sharing requirement of an NSFLTP award.

3. Other

a. Continuous Project

Per Section 1123(c) of the FAST Act, projects must be a single continuous project to be eligible.

This is an eligibility requirement, and FHWA will only review applications that are single continuous projects. Projects that are not a single continuous project will not be eligible for funding.

b. Location of Project

Per Section 1123(c)(1) of the FAST Act, eligible projects must be on a Federal land’s transportation facility,3 a Federal Lands access transportation facility,4 or a Tribal transportation facility,5 except that such facility is not required to be included in an inventory described in 23 U.S.C. 202 or 23 U.S.C. 203. This is an eligibility requirement; FHWA will not review applications that are not on such facilities, and such applications will not be eligible for funding.

c. National Environmental Policy Act Completion

Per Section 1123(c)(2) of the FAST Act, eligible projects must demonstrate the completion of

3 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)).

4 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)).

5 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)).

activities required under NEPA (42 U.S.C. 4321, et seq.) through (i) a record of decision (ROD), if the NEPA class of action is an environmental impact statement; (ii) a finding of no significant impact (FONSI), if the NEPA class of action is an environmental assessment; or (iii) a determination that the project is a categorical exclusion (CE) under the lead Federal Agency’s NEPA procedures. This is an eligibility requirement; FHWA will not review applications that do not provide such documentation, and such applications will not be eligible for funding.

d. Minimum Estimated Eligible Project Cost

Per Section 1123(c)(3) of the FAST Act, eligible projects must have estimated total eligible project costs, based on the results of preliminary engineering, of at least $12,500,000. This is an eligibility requirement; FHWA will not review applications that do not demonstrate that the estimated total eligible project costs, based on the results of preliminary engineering, is at least $12.5 million, and such applications will not be eligible for funding.

e. Eligible Project Costs

A project receiving NSFLTP Program funds may use the funds only for construction, reconstruction, or rehabilitation of transportation facilities (FAST Act, Section 1123(d)(1)).

Project design activities, including preliminary engineering, are not eligible for NSFLTP Program funds or allowable toward match requirements (FAST Act, Section 1123(d)(2)).

Maintenance activities are not construction, reconstruction, or rehabilitation activities and are not eligible project costs. For example, constructing publicly accessible facilities for a transit system, such as a bus shelter for awaiting passengers, would qualify as a construction activity.

However, building a maintenance structure for buses as part of a transit facility is a maintenance activity and would therefore be ineligible for funding.

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: 693JJ324NF00027

• Opportunity Name: FY 2024-2026 Nationally Significant Federal Lands and Tribal

Projects Program

• Assistance Listing Number: 20.205

When at one of these Webpages, 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 application.

If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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 contacts listed on page 2 of this NOFO.

2. Content and Form of Application Submission

a. Application Submittals

All applications must be submitted electronically through Grants.gov.

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

Applicants must include in the application package the following:

(1) Standard Form 424 (Application for Federal Assistance);

Note: Applicants may leave fields 5a, 5b, 6, 7, and 12 blank on the form.

Note: Besides the Standard Form 424, Standard Form 424C, Grants.gov Lobbying Form, and Disclosure of Lobbying Activities form, all other documents must be attached to Standard Form 424 in Item 15 as flat PDF files. This includes the cover page, documentation of completed NEPA activities, and project narrative, which are described in further detail below.

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 http://www.grants.gov/ 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.

(2) Standard Form 424C (Budget Information for Construction Programs);

Note: The Standard Form 424C should be supported by a budget narrative included as part of the project narrative, as described below in Section D.2.a.II.

(3) Grants.gov Lobbying Form (Certification Regarding Lobbying)

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

(5) A cover page, including the following chart:

Project Name Total Project Cost $ NSFLTP Program Grant Request Amount $ Federal Funding including NSFLTP Program Funds Requested

Total non‐Federal Funding $ Is the project within, adjacent to, or accessing Federal and/or Tribal land?

Yes/No

(6) Documentation of completed NEPA activities (see section C.3.c);

(7) A project narrative – The project narrative should include information required for FHWA to determine that the project satisfies the eligibility requirements described in Section C above for the grant program 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.a.I II. Grant Funds, Sources, and Uses of all Project Funding See D.2.a.II

III. Primary Merit Criteria See D.2.a.III IV. Secondary Merit Criteria See D.2.a.IV V. Project Readiness See D.2.a.V

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 that they can provide. FHWA also encourages applicants, to the extent practicable, to provide data in a form that is publicly available or verifiable.

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 10 pages in length. Appendixes may include documents supporting assertions or conclusions made in the 10-page project narrative and do not count towards the 10-page limit. If possible, Website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each supporting document supports. 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 in the project narrative:

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

a. Project Description

The applicant should provide a concise description of the project including a discussion of the project’s history, activities the requested NSFLTP Program funds and matching funds will support, 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 project sponsor.

b. Project Location

The applicant 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).

If the project includes multiple sites, the applicant must demonstrate how the proposed project is a single continuous project for the project to be eligible for funding.

The applicant should include whether the project is located in an urban or rural community. For the purpose of this NOFO, FHWA will consider communities that are within Urbanized Areas (i.e., areas with a population of 50,000 or more) to be urban communities and all other communities to be rural. FHWA will rely on the digital maps and geographic shapefiles for the 2020 Census urban areas depicted on the FHWA HEPGIS maps of MPO and 2020 Census Urban Areas – FHWA HEPGIS Maps (dot.gov) (refer to the “MPO and Air Quality Tab” and then scroll to “MPO and 2020 Census Urban Areas”) which correlates the definitions of “urban”6 and “rural areas”7 under 23 U.S.C. and Bureau of the Census data. A list of 2020

6 The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area in each State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and note within any urbanized area. (23 U.S.C.

101 (a)(35)). The term “urbanized area” means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (23 U.S.C. 101 (a)(36)).

7 The term “rural areas” means all areas of a State not included in urban areas. (23 U.S.C. 101 (a)(25)) 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 census designated urban areas is available in the Census Bureau’s December 29, 2022, Federal Register notice (87 FR 80114).

c. Lead Applicant

This section of the project narrative should provide details about the lead applicant. The details should include the lead applicant’s demonstrated experience with the receipt and expenditure of Federal funds. FHWA will consider the degree of experience an applicant has with administering Federal funds 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 funds, FHWA may contact the applicant prior to final selection of FY 2024, FY 2025, or FY 2026 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.

d. Other Public and Private Parties

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

The applicant should state whether or not 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, the project narrative should identify all such entities.

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, including the Federal share and any applicable matching share.

Project budgets should show how different funding sources will share in each project activity and present the data in dollars and percentages of the total project cost. The budget should identify other Federal funds the applicant is applying for, has been awarded, or intends to use. The project budget should identify all Federal funds to be used for future eligible project costs of the project, including the requested NSFLTP Program grant amount, other Federal grants that have been awarded to the project or for which the project intends to apply for 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 budget should provide the amount, nature, and source of any required non- Federal match for those funds.

Funding sources should be grouped into three categories: non-Federal, current application NSFLTP Program, and other Federal, with specific amounts for each funding source. The project budget should further include a budget narrative with a breakdown of the costs for each cost classification used on the Standard Form 424C. FHWA will assess the extent to which budget and costs to perform the activities required to execute the NSFLTP Program grant are reasonable, necessary, and allocable based on the provisions of 2 CFR part 200.

For projects on non-Tribal transportation facilities, the budget should clearly demonstrate that the requested NSFLTP Program funds do not exceed 90 percent of eligible project costs. For projects on Tribal transportation facilities, the entire project may be funded with NSFLTP funds with no match or cost sharing required.

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 NSFLTP statutory cost-sharing requirements described in Section C.2, if applicable, and those associated with each category of Federal funding.

An application may describe a project that contains more than one component and may describe components that may be carried out by parties other than the applicant. FHWA expects, and will impose requirements on fund recipients to ensure that all components included in an application will be delivered as part of the NSFLTP Program project, regardless of whether a component includes Federal funding. The status of each component should be clearly described (for example, in the project schedule). FHWA may award funds for a component instead of the larger project if that component: (1) independently meets all eligibility requirements described in Section C; (2) independently aligns well with the selection criteria specified in Section E.1;

and (3) meets NEPA requirements with respect to independent utility.8 All project components that are presented together in a single application must demonstrate a relationship or connection between them and constitute a single continuous project.

FHWA strongly encourages applicants to identify in their applications the project components that have independent utility and separately detail costs and requested NSFLTP Program grant funding for those components. If the application identifies one or more independent project components, the application should clearly identify how each independent component addresses selection criteria and produces a benefit on its own, in addition to describing how the full proposal, of which the independent component is a part, addresses the selection criteria.

The application should include information showing that the applicant has budgeted sufficient contingency amounts to cover unanticipated construction cost increases. In addition to the information enumerated above, the budget section of the project narrative should provide complete information on how all project funds may be used, fund 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. Complete information about project funds will ensure that FHWA’s expectations for award execution align with any funding

8 Independent utility means that the component will represent a transportation improvement that is usable and represents a reasonable expenditure of FHWA funds, even if no other improvements are made in the area and will be ready for intended use upon completion of that component’s construction.

restrictions unrelated to FHWA, even if an award differs from the applicant’s request .

The budget should clearly identify any expenses expected to be incurred between the applicant being selected for award, and prior to the fully executed grant award and obligation of NSFLTP Program funds because such expenses, except as authorized by FHWA, are not eligible for reimbursement and may not be used toward the match requirements.

III. Primary Merit Criteria

The applicant should describe how the proposal meets the Primary Merit Criteria listed in Section E.1. FHWA encourages applicants to address all applicable criteria. Insufficient information to assess any criterion will negatively impact the project’s overall rating. Applicants should note that merit reviewers will focus on the project narrative section of the application when reviewing projects against the Primary Merit Criteria and will not be required to reference other sections in the application package; therefore, all relevant information in response to the Primary Merit Criteria should be included in this section of the application. Applicants should describe the 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 Primary Merit Criteria is provided in Section E.1.a of this NOFO. Applicants should review that section before considering how to organize their application.

IV. Secondary Merit Criteria

For projects on Federal Lands access transportation facilities and Federal Lands transportation facilities, the project narrative should include a section that describes how the application aligns with the Secondary Merit Criteria listed in Section E.2.b. FHWA will not require nor consider these criteria in evaluating proposed projects on Tribal transportation facilities.

For projects on Federal Lands access transportation facilities and Federal Lands transportation facilities, FHWA encourages applicants to address each criterion. Insufficient information to assess any criterion will negatively impact the project’s overall rating. Applicants should note that merit reviewers will focus on the project narrative section of the application when reviewing projects against the Secondary Merit Criteria and will not be required to reference other sections in the application package; therefore, all relevant information in response to the criteria should be included in this section of the application. Applicants should describe the 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 criteria is provided in Section E.1.b of this NOFO. Applicants should review that section before considering how to organize their application.

V. Project Readiness

This section of the project narrative should include information that, when considered with the project budget information presented elsewhere in the application, is sufficient for FHWA to evaluate whether the project is reasonably expected to begin construction in a timely manner to meet the obligation deadlines described in Section B.6. To assist FHWA’s project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections. Applicants are not required to follow the specific format described below, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators.

(1) Technical Feasibility

The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the NSFLTP application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk-mitigation measures. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. The applicant must demonstrate compliance with Title VI/Civil Rights requirements, to ensure that no person is excluded from participation, denied benefits, or otherwise subjected to discrimination under any program or activity, on the basis of race, color, national origin, sex, age, or disability.

(2) Project Schedule

The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include State and local planning approvals (programming on the Statewide Transportation Improvement Program); start and completion of NEPA9 and other Federal environmental reviews and approvals, including permitting, design completion, right-of-way acquisition, approval of plans, specifications and estimates (PS&E);

procurement; other State and local approvals; project partnership and implementation agreements, including agreements with railroads; and start and completion of construction. The project schedule should be sufficiently detailed to demonstrate that:

• All necessary activities will be completed to allow NSFLTP funds to be obligated sufficiently in advance of the statutory deadline described in Section B.6, 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 will be completed in a timely manner in accordance with Title 49, Code of Federal Regulations (CFR), part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary. A plan for securing any required right-of-way agreements should be included. If applicable, this section should describe a right-of-way acquisition plan that minimally disrupts communities and maintains community cohesion.

9 As noted in Section C.3.c, to be eligible for funding, projects must demonstrate the completion of activities required under NEPA. Therefore, these activities must be complete at the time of application, and the date for completion of these activities in the project schedule must be before the date the application is submitted.

(3) Required Approvals

a. Environmental Permits and Reviews.

The NEPA review must be complete at the time of application submittal, and applications should include documentation that NEPA has been completed. The application should provide in this section of the project narrative information about the NEPA determination of the project, including the date of completion of the NEPA process, and provide a Website link or other reference to the final ROD, FONSI, CE, and any other NEPA documents prepared. If the last Agency action with respect to NEPA documents occurred more than 3 years before the application date, the applicant should describe why the project has been delayed and include a proposed approach for verifying and, if necessary, updating this material in accordance with applicable NEPA reconsideration requirements.

The application should further demonstrate receipt (or reasonably anticipated receipt) of all other environmental approvals and permits, besides NEPA, necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline described in Section B.6, including satisfaction of all Federal, State, Tribal, and local requirements. This section should also provide:

• Any information on reviews, approvals, and permits by other Federal, Tribal, and State agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies, indicate the status of such actions, and provide detailed information about the status of those reviews or approvals, demonstrate compliance with any other applicable Federal, State, Tribal, or local requirements, and indicate when such approvals are expected. Applicants should provide a Website link or other reference to copies of any reviews, approvals, and permits prepared.

• Environmental studies or other documents – preferably through a Website link – that describe in detail known project impacts and possible mitigation for those impacts.

• A description of discussions with the appropriate FHWA field or Headquarters office regarding the project’s compliance with NEPA and other applicable Federal environmental reviews and approvals.

• A description of public engagement about the project that has occurred, including details on the degree to which public comments and commitments have been integrated into project development and design.

b. State, Tribal, and local…