PROTECT NOFO FY24-FY26.pdf

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for Fiscal Years 2024-2026 Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) 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 Fiscal Years (FY) 2024-2026 PROTECT Discretionary Grant Program

Issuing Agency FHWA

Program

Overview

The purpose of this NOFO is to provide grants on a competitive basis for projects that seek to strengthen surface transportation to be more resilient to natural hazards, including climate change, sea level rise, heat waves, flooding, extreme weather events, and other natural disasters through support of planning activities, resilience improvements, community resilience and evacuation routes, and at-risk coastal infrastructure.

Objective Plan for and strengthen surface transportation to be more resilient to natural hazards, including climate change, sea level rise, flooding, heat waves, extreme weather events, and other natural disasters.

Eligible

Applicants

Planning Grants, Resilience Improvement Grants, and Community

Resilience and Evacuation Route Grants (23 U.S.C. § 176(d)(2))

1. A State or political subdivision of a State. (Includes the District of

Columbia and Puerto Rico)

2. A metropolitan planning organization (MPO).

3. A unit of local government.

4. A special purpose district or public authority with a transportation function, including a port authority.1

5. An Indian Tribe (as defined in 23 U.S.C. § 207(m)(1)).

6. A Federal land management agency that applies jointly with a State or group of States.

7. A multi-State or multijurisdictional group of entities described in

(1) through (6).

At-Risk Coastal Infrastructure Grants (23 U.S.C. § 176(d)(4)(C)(i)(I-VIII))

1. A State (including the U.S. Territories Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana

1 Public authorities with a transportation function can include public transportation and transit agencies (see

PROTECT NOFO Q&A: https://www.fhwa.dot.gov/environment/protect/discretionary/protect_nofo_qa.pdf) https://www.fhwa.dot.gov/environment/protect/discretionary/protect_nofo_qa.pdf

Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Oceans, the Gulf of Mexico, Long Island Sound, or one or more of the

Great Lakes.

2. A political subdivision of a State described in (1.) above

3. An MPO in a State described in (1.) above

4. A unit of local government in a State described in (1.) above.

5. A special purpose district or public authority with a transportation function, including a port authority, in a State described in (1.)

above.

6. An Indian Tribe in a State described in (1.) above.

7. A Federal land management agency that applies jointly with a State or group of States described in (1.) above.

8. A multi-State or multijurisdictional group of entities described in

(1.) through (7.) above.

Eligible Project

Types

PROTECT Discretionary Grant funds can only be used for activities that are primarily for the purpose of resilience or inherently resilience related.

The PROTECT Program has four different categories of projects:

• Planning Grants (23 U.S.C. § 176(d)(3))

• Resilience Improvement Grants (23 U.S.C. § 176(d)(4)(A)(ii))

• Community Resilience and Evacuation Route Grants (23 U.S.C. §

176(d)(4)(B)(ii))

• At-Risk Coastal Infrastructure Grants (23 U.S.C. 176(d)(4)(C)(iii))

Eligible

Facilities A PROTECT Discretionary Grant Program Planning Grant or Resilience

Grant may be awarded only for the following facilities (23 U.S.C. §

176(d)(5)(C)):

1. A highway2 project eligible for assistance under this title.

2. A public transportation facility or service eligible for assistance under chapter 53 of title 49.

3. A facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49).

4. A port facility, including a facility that:

a) connects a port to other modes of transportation;

b) improves the efficiency of evacuations and disaster relief; or

c) aids transportation.

2 The term “highway” includes a road, street, and parkway; a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure including public roads on dams, sign, guardrail, and protective structure, in connection with a highway; and a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the U.S.

Customs and Immigration Services in connection with the operation of an international bridge or tunnel. 23 U.S.C.

§ 101(a)(11).

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-915501581-293024776&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-915501581-293024776&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-1138305417-293024743&term_occur=999&term_src=title:23:chapter:1:section:101 https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-915501581-293024776&term_occur=999&term_src=title:23:chapter:1:section:101 https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-1526040471-293024714&term_occur=999&term_src=

Funding Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021), also known as the “Bipartisan Infrastructure Law,” provides $300 million annually for FY 2024-2026.

This NOFO announces two application periods:

• FY 2024 and 2025 Funding: up to $576 million

• FY 2026 Funding: up to $300 million

The FY 2024 and 2025 application period includes up to $16 million in unawarded FY 2023 funds.

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

Opening Dates • FY 2024 and 2025 Opening: October 25, 2024

• FY 2026 Opening: October 27, 2025

Deadline • FY 2024 and 2025 Deadline: February 24, 2025, 11:59 p.m. ET

• FY 2026 Deadline: February 24, 2026, 11:59 p.m. ET

Cost-Share For PROTECT Discretionary Grant Program Planning Grants, the Federal share of an eligible planning activity shall be 100 percent. (23 U.S.C.

§ 176(d)(5)(E)(i)).

For PROTECT Discretionary Grant Program Resilience Grants, the

Federal share of an eligible project shall not exceed 80 percent of the total cost of the project. (23 U.S.C. § 176(d)(5)(E)(ii)(I)). If an Indian Tribe (as defined in 23 U.S.C. § 207(m)(1)) receives a Resilience Improvement

Grant, Community Resilience and Evacuation Route Grant, or At-Risk

Coastal Infrastructure Grant, on the determination of the Secretary, the

Federal share of an eligible project may be up to 100 percent. (23 U.S.C.

§ 176(d)(5)(E)(ii)(II)). For projects carried out in the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana

Islands, the Federal share of an eligible project shall be 100 percent. (23

U.S.C. § 120(g)).

The non-Federal share of the cost of a project carried out using PROTECT

Discretionary Grant funds may be reduced by 7 percentage points if the

State has developed a Resilience Improvement Plan and prioritized the project on that Resilience Improvement Plan (23 U.S.C.

176(e)(1)(B)(i)); and 3 percentage points if a State Resilience

Improvement Plan developed in accordance with Section 176(e) is incorporated (directly or by reference) into the metropolitan transportation plan (MTP) under 23 U.S.C. 134 or the statewide long-range transportation plan under 23 U.S.C. 135, as applicable. (23 U.S.C.176(e)(1)(B)(ii)).

See Section C.2 of this NOFO for more information on cost share requirements.

The purpose of this NOFO is to solicit applications for FHWA’s PROTECT Discretionary

Program grants and will result in the distribution of up to $876 million. The actual amount available to be awarded under this notice will be subject to the availability of funds.

Funds made available for Federal FYs 2024-2026 for the PROTECT Discretionary Grant

Program are to be awarded on a competitive basis to make transportation infrastructure and service more resilient to climate change and extreme weather events under 23 U.S.C. § 176.

This Notice describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available technical assistance during the grant solicitation period.

DATES:

See the table below for important dates and deadlines for FYs 2024-2026 applications. The minimum number of days of an application open period represents calendar days (i.e., not working days).

Activity Funding (Fiscal Year)

FY24-25 FY26

NOFO Release 10/25/2024 10/27/2025

Minimum Number of Days of

Application Open Period

120 days 120 days

NOFO Close 2/24/2025 2/24/2026

Applicants must ensure they are properly registered3 in Grants.gov. Applicants can only submit applications starting with the NOFO release date and ending on the NOFO close date indicated above for each fiscal year. Applications must be submitted electronically through Grants.gov no later than 11:59 p.m., Eastern Standard Time, on those “NOFO Close” dates for any funding year the applicant wishes to apply for funding. The Grants.gov “Apply” function will open by the

NOFO Release Date and will close after the NOFO Close Date.

Applicants are encouraged to submit applications in advance of the relevant application deadline;

however, applications will not be assessed, and awards will not be made, until after the respective application deadline.

For each Application Open Period, FHWA plans to conduct outreach regarding PROTECT

Discretionary Program grants in the form of virtual meetings (Webinars) after the NOFO period opens, and before the NOFO period closes. To view upcoming Webinars and register, please follow the instructions posted on https://www.fhwa.dot.gov/environment/protect/discretionary.

The Webinars will be recorded and posted on FHWA's PROTECT Discretionary Grant Program

Website at https://www.fhwa.dot.gov/environment/protect/discretionary.

ADDRESSES:

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

20.205 – Highway Planning and Construction.

3 https://www.grants.gov/applicants/applicant-registration https://www.fhwa.dot.gov/environment/protect/discretionary https://www.fhwa.dot.gov/environment/protect/discretionary https://www.grants.gov/applicants/applicant-registration

FOR FURTHER INFORMATION CONTACT:

Vincent C. Speaks

Agreement Specialist

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Email: PROTECTdiscretionary@dot.gov (preferred)

Phone: (202) 366-7799

Alternate:

Ryan Buck

Agreement Officer/Team Leader

Office of Acquisition and Grants Management

Federal Highway Administration

U.S. Department of Transportation

1200 New Jersey Ave., SE.

Washington, DC 20590

Phone: (202) 366-4229

Office hours are from 7:30 a.m. to 4:00 p.m., Eastern Time, Monday through Friday, except

Federal holidays.

FHWA will not review applications in advance, but FHWA staff are available for general questions about the PROTECT Program and NOFO. FHWA will not provide technical assistance to any applicant including providing guidance on how to address any information that should be included in an application. In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO’s page, at the PROTECT Discretionary

Grant Program Website at https://www.fhwa.dot.gov/environment/protect/discretionary, and on

FHWA’s Bipartisan Infrastructure Law (BIL) Guidance Website at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/guidance.cfm. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact FHWA directly at PROTECTdiscretionary@dot.gov, rather than through intermediaries or third parties, with questions.

Applicants are encouraged to submit questions to PROTECTdiscretionary@dot.gov no later than 60 days after the NOFO Release Date to ensure FHWA has adequate time to respond prior to the application deadline.

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

mailto:PROTECTdiscretionary@dot.gov https://www.fhwa.dot.gov/environment/protect/discretionary

SUPPLEMENTARY INFORMATION:

Each section of this Notice contains information and instructions relevant to the application process for the PROTECT Discretionary Grant Program grants. The applicant should read this

Notice in its entirety in order to submit all necessary information for complete and competitive applications.

Table of Contents

SECTION A – PROGRAM DESCRIPTION

SECTION B – FEDERAL AWARD INFORMATION

SECTION C – ELIGIBILITY INFORMATION

SECTION D – APPLICATION AND SUBMISSION INFORMATION

SECTION E – APPLICATION REVIEW INFORMATION

SECTION F – FEDERAL AWARD ADMINISTRATION INFORMATION

SECTION G – FEDERAL AWARDING AGENCY CONTACTS

SECTION H – OTHER INFORMATION

NOTE: 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 Notice. Approval of user registrations for the site may take multiple weeks. It is the Applicant’s responsibility to monitor for any updates to this Notice.

http://www.grants.gov/

SECTION A - PROGRAM DESCRIPTION

1. Overview

Section 11405 of the BIL, enacted as the Infrastructure Investment and Jobs Act (Pub. L. 117-58, Nov. 15, 2021), established the PROTECT Program and Discretionary Grant programs, which are codified at 23 U.S.C. § 176. The purpose of the PROTECT Formula and Discretionary Grant programs is to plan for and strengthen surface transportation to be more resilient to natural hazards, including climate change, sea level rise, heat waves, flooding, extreme weather events, and other natural disasters through formula and competitive discretionary grants.

In April of 2023, DOT issued a NOFO soliciting applications for FY 2022 and 2023 PROTECT

Discretionary Grant funds. DOT awarded $829.6 million in PROTECT Discretionary grants for

80 projects. For information on these grant awards, see https://www.fhwa.dot.gov/environment/protect/discretionary/grant_recipients/. This NOFO is for the discretionary portion of the PROTECT Program and will result in the distribution of up to

$876 million for the PROTECT Discretionary Grant Program through a competitive discretionary grant process.4 The total amount of funding available in this NOFO is up to $876 million across two application periods, combined FY 2024 and 2025 and subsequently FY 2026.5

The vision of the PROTECT Discretionary Grant Program is to fund projects that address the climate crisis by improving the resilience of the surface transportation system, including highways, public transportation, ports, and intercity passenger rail. Projects selected under this program should be grounded in the best available scientific understanding of climate change risks, impacts, and vulnerabilities. They should support the continued operation or rapid recovery of crucial local, regional, or national surface transportation facilities. Furthermore, selected projects should utilize innovative and collaborative approaches to risk reduction, including the use of natural infrastructure, which is explicitly eligible under the program. Also called nature-based solutions, these strategies include conservation, restoration, or construction of riparian and streambed treatments, marshes, wetlands, native vegetation, stormwater bioswales, breakwaters, reefs, dunes, parks, urban forests, and shade trees. They reduce flood risks, erosion, wave damage, and heat impacts while also creating habitat, filtering pollutants, and providing recreational benefits. Projects in the PROTECT Discretionary Grant Program have the potential to demonstrate innovation and best practices that State and local governments in other parts of the country can consider replicating.

By funding projects that improve resilience to natural hazards and climate change impacts, the

PROTECT Discretionary Grant Program aims to reduce damage and disruption to the transportation system, improve the safety of the traveling public, and improve equity by

4 Funding for the PROTECT Discretionary Grants Program comes from two sources: 1) funding authorized as contract authority from the Highway Trust Fund, and 2) funding appropriated from the General Fund in annual appropriations acts. Funding authorized from the Highway Trust Fund is reduced based on the imposition of the obligation limitation contained in the annual appropriations acts. The BIL authorized $250 million annually from the Highway Trust Fund for FY 2022 and 2023. In additional, $400 million was appropriated in FY 2022 and 2023.

Currently, $300 million is authorized annually for FYs 2024, 2025, and 2026 as reflected in Section B.

5 The FY 2024-2025 application period also includes up to $16 million in unawarded FY 2023 funding.

https://www.fhwa.dot.gov/environment/protect/discretionary/grant_recipients/ addressing the needs of disadvantaged communities that are often the most vulnerable to hazards.

FHWA will seek to award projects to communities that demonstrate a strong need for the funding; the program includes set asides for rural communities and Indian Tribes.

For the PROTECT Discretionary Grant Program, like the PROTECT Formula Program, grant funds can only be used for activities that are primarily for the purpose of resilience or inherently resilience related.

There are four categories of funding under the PROTECT Discretionary Grant Program. One category is for Planning Grants. The other three categories are for Resilience Improvement, Community Resilience and Evacuation Routes, and At-Risk Coastal Infrastructure projects, and throughout this NOFO are collectively referred to as Resilience Grants.

Planning Grants may be used to develop Resilience Improvement Plans in accordance with 23

U.S.C § 176(e)(2) for States and MPOs; resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments; technical capacity building to facilitate the ability of the eligible entity to assess the vulnerabilities of its surface transportation assets and community response strategies under current conditions and a range of potential future conditions; or evacuation planning and preparation. (23 U.S.C. § 176(d)(3)).

Resilience Improvement Grants may be used to improve the ability of an existing surface transportation asset to withstand one or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters. (23 U.S.C. § 176(d)(4)(A)). Extreme weather events may include heat waves.

Community Resilience and Evacuation Route Grants may be used for activities that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events including activities that will improve evacuation routes, provide safe passage during an evacuation, and reduce the risk of damage to evacuation routes as a result of future emergency events. For routes that inadequately facilitate evacuations, including the transportation of emergency responders and recovery resources, activities include expanding capacity through installation of communication and intelligent transportation system equipment and infrastructure, counterflow measures, or shoulders, in addition to constructing new or redundant evacuation routes, acquiring evacuation route or traffic incident management equipment or signage, or ensuring access or service to critical destinations, including hospitals and other medical or emergency services facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities. (23 U.S.C.

§ 176(d)(4)(B)).

At-Risk Coastal Infrastructure Grants may be used for activities to strengthen, stabilize, harden, elevate, relocate or otherwise enhance the resilience of highway and non-rail infrastructure, including: bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. (23 U.S.C. § 176(d)(4)(C)).

Together, these four funding categories will make surface transportation assets, communities, and coastal infrastructure more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides or landslides, sea level rise, extreme weather, including extreme temperature, and earthquakes, as well as to allow for continued operation or rapid recovery of surface transportation systems.

Applicants may submit multiple applications. Applicants may also use one application to submit the same project for multiple funding categories if the project meets the eligibility criteria for multiple categories. For instance, a project to improve resilience of a coastal evacuation route could be eligible under all three Resilience Grant categories. Applicants would need to be sure to submit all the information needed for each category under which they are applying.

Applicants should indicate which funding category or categories to which they are applying, however FHWA reserves the discretion to determine the funding category from which to make an award for a project, including a category for which the applicant did not apply.

Different funding amounts are available for each category, as shown below.

Funding Category Approximate Funding

Available FY 2024-2025

Approximate Funding

Available FY 2026

Planning Grants Up to $56 million Up to $30 million

Resilience Improvement Grants Up to $408 million6 Up to $210 million

Community Resilience and

Evacuation Route Grants

Up to $56 million Up to $30 million

At-Risk Coastal Infrastructure

Grants

Up to $56 million Up to $30 million

For more information about the eligible activities under each grant category see Section C of this

NOFO.

FHWA will award FY 2024-2026 PROTECT Discretionary Grant Program grants to eligible applicants consistent with applicable statutory criteria and priorities, merit criteria, and the

Administration priorities described within this NOFO.

Eligible Applicants

The PROTECT Discretionary Grant Program provides broad applicant eligibility for all levels of government to be direct recipients of funds. States, Territories, MPOs, local governments, Indian Tribes, public transportation agencies, and port authorities can apply directly to FHWA.

A Federal land management agency may be eligible if the agency applies jointly with a State or group of States. (See Section C for a complete list of eligible entities). FHWA encourages all

6 Includes up to $16 million in unawarded FY 2023 funding.

eligible entities regardless of size, location, and experience administering Federal funding awards to apply for Federal assistance for Planning Grants and Resilience Grants under this

NOFO.

To assist applicants, FHWA has developed application templates which applicants are encouraged to use and are available via Attachments 1 & 2 to the NOFO, as available on grants.gov. These application templates can be found under the related documents tab for this

NOFO on Grants.gov. The application templates are provided solely as a prompt for applicants and are not required for the grant application.

Administration Priorities and Departmental Strategic Plan Goals

The Department seeks to fund projects that advance the Departmental priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation as described in the USDOT Strategic Plan, Research, Development and Technology Strategic Plan, and in executive orders (E.O.).7 Consistent with E.O. 14030 and E.O. 13690, Establishing a

Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering

Stakeholder Input (80 FR 6425), project applicants should be aware that DOT is in the process of developing guidance and considering updates to its floodplain requirements, including redefining the appropriate flood hazard area to account for future climate conditions.

Please see Section E of this NOFO for more information on the FY 2024-2026 PROTECT

Discretionary Grant Program selection criteria, the process for selecting projects, and how

FHWA will assess applications in regard to these Administration priorities and goals. In addition, Section F.3 describes progress and performance reporting requirements for selected projects and the Administration’s goals as appropriate.

2. Additional Information

The PROTECT Discretionary Grant 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 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 it intends to apply for

(or utilize if the Federal funding is already available to the applicant), and what award amounts it will be seeking, in the appropriate sections of this NOFO, including Section D.2.b.II.

7 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/dot-strategic-plan https://www.transportation.gov/sites/dot.gov/files/2023-01/USDOT%20RDT%20Strategic%20Plan%20FY22-26_010523_508.pdf

3. Changes from the FY 2022-2023 NOFO

This is the second NOFO for the PROTECT Discretionary Grant Program. The FY 2024–2026

PROTECT Discretionary Grant Program NOFO is similar to FY 2022 and FY 2023 PROTECT

Discretionary Grant Program NOFO. Changes have been made to the application period timeframes in Sections A and D, merit criteria in Section E, and rating criteria in Section E.

Applicants should read the NOFO in its entirety when applying for this funding opportunity.

Changes to Application Period Timeframes

This NOFO announces two application periods:

• FY 2024 and FY 2025: open October 25, 2024-February 24, 2025

• FY 2026: open October 2, 2025-February 24, 2026

Changes to Merit Criteria and Rating Criteria

Planning Grants

• Criterion #1 Program Alignment has been split into two separate criteria (now Criterion

#1 Program Alignment and Criterion #2 Planning Activity Approach)

• Criterion #4 Innovation has been streamlined to reduce sub-components and focuses on nature-based solutions and innovation

• New Priority Consideration has been added on “Development of a Resilience

Improvement Plan”

• Medium or High rating on Criterion #1 Program Alignment required for Highly

Recommended overall rating

• At least two High ratings required for Recommended overall rating

Resilience Grants

• Criterion #3 Design Elements has been streamlined by removing duplicative nature-based solutions sub-component

• Criterion #6 Climate Change and Sustainability was updated to reflect Administration priorities for climate change sustainability and resilience

• Criterion #8 Innovation has been streamlined to reduce sub-components and focuses on nature-based solutions and innovation

• Medium or High rating on Criterion #1 Vulnerability and Risk required for Highly

Recommended overall rating

• At least three High ratings required for Recommended overall rating

Application Templates

• Adds language to strongly encourage use of NOFO application templates (Attachments 1

& 2)

SECTION B - FEDERAL AWARD INFORMATION

1. Award Amount Available

The total amount of funding available for awards under this NOFO is up to $876 million. This includes up to $576 million8 for the FY 2024-2025 PROTECT Discretionary Grant Program application period, and up to $300 million for the FY 2026 application period. Of this amount, up to $86 million is available for Planning Grants; up to $618 million is available for Resilience

Improvement Grants; up to $86 million is available for Community Resilience and Evacuation

Route Grants; and up to $86 million is available for At-Risk Coastal Infrastructure Grants.

Subject to the availability of funds, an eligible entity may request, and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary. Any award under this NOFO will be subject to the availability of funding.

2. Award Size

On April 11, 2024, FHWA announced grant selections for the FY 2022 and FY 2023 PROTECT

Discretionary Grant application period, including awards for 26 Planning Grant projects between

$142,000 and $5.3 million, and 54 Resilience Improvement, Community Resilience and

Evacuation Routes, and At-Risk Coastal Infrastructure Grant projects between $752,000 and $60 million.

For FY 2024-2026 PROTECT Discretionary Grant Program Planning Grants, FHWA requests applications for a minimum award size of $100,000 and no maximum award size.

For FY 2024-2026 PROTECT Discretionary Grant Program Resilience Improvement, Community Resilience and Evacuation Routes, and At-Risk Coastal Infrastructure grants FHWA requests applications for a minimum award size of $500,000. There is no recommendation for the maximum award size. FHWA anticipates awarding between 30 to 40 Resilience

Improvement, Community Resilience and Evacuation Routes, and At-Risk Coastal Infrastructure grants using FY 2024 and 2025 funds, and between 15 to 20 Resilience Improvement, Community Resilience and Evacuation Routes, and At-Risk Coastal Infrastructure grants using

FY 2026 funds. The number of awards will be determined by the number and quality of applications received in response to this NOFO and the availability of funding.

If an applicant seeks an award amount that is less than the minimum, the application should include a justification for the requested amount. FHWA reserves the discretion to consider

8 PROTECT Discretionary Grant Program funds from the Highway Account of the Highway Trust Fund are contract authority, which is reduced based on the imposition of the Federal-aid obligation limitation contained in the annual appropriations acts. Accordingly, the amount of $300,000,000 authorized for each of FYs 2024, 2025, and 2026 is reduced to $260,400,000 for FY 2024 and is anticipated to be reduced for FY 2025 and 2026 as well. FY 2024-

2025 funding includes up to $16 million in unawarded FY 2023 funding.

award sizes below the minimum award size listed above. Consideration will include the total amount of eligible PROTECT Discretionary Grant Program grant funds requested and consideration of the evaluation and selection criteria described in Section E.

3. Statutory Funding Provisions

a. Rural Set-Aside

Of the amounts made available for each fiscal year, the Secretary shall use not less than 25 percent for grants to projects located in areas that are outside an urban area with a population over 200,000. (23 U.S.C. § 176(d)(5)(H)(ii)).

b. Tribal Set-Aside

Of the amounts made available for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian Tribes (as defined in section 23 U.S.C. § 207(m)(1)) for eligible PROTECT

Discretionary Grant Program Planning Grants, Resilience Improvement Grants, Community

Resilience and Evacuate Routes Grants, and At-Risk Coastal Grants. (23 U.S.C.

§ 176(d)(5)(H)(iii)).

c. Unutilized Amounts

For any fiscal year, if the Secretary determines that the amount of the Rural Set-Aside or Tribal

Set-Aside will not be fully utilized for PROTECT Discretionary Grant Program grants, the

Secretary may reallocate the unutilized funds to provide grants to other PROTECT Discretionary

Grant Program eligible entities. (23 U.S.C. § 176(d)(5)(H)(iv)).

d. Limitation on Intercity Rail Passenger Transportation

Limit on certain activities: for each fiscal year, not more than 25 percent of the total amount provided will be used for a facility or service for intercity rail passenger transportation (as defined in 49 U.S.C. § 24102). (23 U.S.C. § 176(d)(5)(G)(ii)).

4. Availability of Funds

Selected projects will be funded with either FY 2023, FY 2024, FY 2025, or FY 2026 funds. For

FY 2024 and FY 2025 funds jointly awarded for the first application period, FHWA expects to obligate FY 2024 funds before FY 2025 funds.

Each fiscal year of funding has a required funding obligation deadline as noted in the table below. Obligation for a PROTECT Discretionary Grant Program grant occurs when a selected applicant enters a project agreement with FHWA, and FHWA authorizes the project to proceed.

For construction, this is generally after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements and compliance with 23 Code of Federal Regulations (CFR) 635 subpart C “Physical Construction

Authorization” for State department of transportation (State DOT) applicants or 2 CFR 200.318

– 327 for non-State DOT applicants.

Fiscal Year Funding Funding Obligation Deadline

2023 September 30, 2026

2024 September 30, 2027

2025 September 30, 2028

2026 September 30, 2029

Funding expenditure deadlines will be documented in the grant agreement depending on the fund source. For award recipients of the FY2024 and FY2025 PROTECT NOFO, FHWA will consider the estimated project start date provided in the application in determining which fiscal year funding to use. Funds will be assigned after announcement of award during the grant agreement process.

Awards from FY 2026 funding cannot be obligated before October 1, 2025.

5. Type of Award

If the successful applicant is a State DOT or a State DOT will serve as a pass-through entity to a non-State DOT entity, PROTECT Discretionary Grant Program funds will be awarded upon the execution of a project agreement, which is a type of grant agreement for administration of funds to a State DOT in the Fiscal Management Information System (FMIS).

If the successful applicant is a non-State DOT, funds will be awarded upon the execution of a grant agreement. A determination will be made if the successful applicant included a request for an applicable State DOT, or FHWA Federal Lands Highway Division for Indian Tribe projects, to administer the project.

6. Previous PROTECT Discretionary Grant Applications

Applicants to the FY 2022 and FY 2023 NOFO, including those that were awarded funds under that NOFO, may apply for funding in either or both application periods under this NOFO. There is no restriction or preference for applications or applicants who have previously applied or been selected or not selected for the PROTECT Discretionary Grant Program.

Applicants seeking funding under this PROTECT Discretionary Grant Program NOFO will need to resubmit applications for each subsequent application period. FHWA will not carry over applications from the FY 2022-2023 PROTECT Discretionary NOFO into this NOFO.

Similarly, FHWA will not carry over applications from the FY 2024-2025 application period to the FY 2026 application period.

FHWA intends to announce award recipients for the FY 2024-2025 application period prior to the beginning of the application period for FY 2026 funds. Applications for projects that previously received PROTECT Discretionary Grant Program funding may seek additional funding for the projects under this NOFO and applications that receive an award under the FY

2024-2025 application period may seek additional funding under the FY 2026 application period.

FHWA, however, will not provide additional funding under this NOFO for the same scope of work that was previously awarded funding. Applications for projects that previously received funding will need to clearly identify the phase and deliverables of the project for which it is seeking additional funding under this NOFO.

7. Period of Performance

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

State DOT entity awarded a grant, the DOT Payment System will be “Current Bill” in FMIS and the start of the period of performance will begin on the date the project agreement is approved in

FMIS and end on the project end date in FMIS.

If a grant recipient will be a non-State DOT entity, the DOT Payment System will be “DELPHI eInvoicing” and the start of the period of performance will begin on the date the grant agreement is executed by FHWA, and end according to the period of performance listed in the grant agreement.

SECTION C - ELIGIBILITY INFORMATION

To be selected for a PROTECT Discretionary grant, an applicant must meet the eligibility requirements under this section including Eligible Entity; Eligible Project; Statutory Cost

Sharing or Match requirements; and Statutory Applicant Requirements. Applications that do not meet these threshold eligibility requirements will not be assessed under the criteria in Section

E.1.

1. Eligible Applicants

a. Planning Grants, Resilience Improvement Grants, and Community Resilience and

Evacuation Route Grants have the same statutory rules for all applicants eligible to apply.

At-Risk Coastal Grants have different statutory rules for applicant eligibility.

Planning Grants, Resilience Improvement Grants, and

Community Resilience and Evacuation Route Grants

(23 U.S.C. § 176(d)(2))

1. A State or political subdivision of a State. (State includes the District of Columbia and

Puerto Rico)

2. An MPO.

3. A unit of local government.

4. A special purpose district or public authority with a transportation function, including a port authority.9

5. An Indian Tribe (as defined in 23 U.S.C. § 207(m)(1)).

6. A Federal land management agency that applies jointly with a State or group of States.

7. A multi-State or multijurisdictional group of entities described in (1) through (6).

At-Risk Coastal Infrastructure Grants

23 U.S.C. § 176(d)(4)(C)(i)(I)-(VIII)

1. A State (including the U.S. Territories Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great

Lakes.

2. A political subdivision of a State described in (1.) above.

3. An MPO in a State described in (1.) above.

4. A unit of local government in a State described in (1.) above.

5. A special purpose district or public authority with a transportation function, including a port authority,10 in a State described in (1.) above.

9 Public authorities with a transportation function can include public transportation and transit agencies (see

PROTECT NOFO Q&A: https://www.fhwa.dot.gov/environment/protect/discretionary/protect_nofo_qa.pdf).

10 Public authorities with a transportation function can include public transportation and transit agencies (see

PROTECT NOFO Q&A: https://www.fhwa.dot.gov/environment/protect/discretionary/protect_nofo_qa.pdf).

6. An Indian Tribe in a State described in (1.) above.

7. A Federal land management agency that applies jointly with a State or group of States described in (1.) above.

8. A multi-State or multijurisdictional group of entities described in (1.) through (7.) above.

b. Joint Applications for Any PROTECT Discretionary Grant Program Funding

Category

Multiple States or a multijurisdictional group that submits a joint application should identify a lead applicant as the primary point of contact. Joint applications should include a description of the roles and responsibilities of each applicant and should be signed or include a letter of support by each applicant. The applicant that will be responsible for financial administration of the project and the recipient of a PROTECT Discretionary Grant Program award must be an eligible applicant.

2. Cost Sharing or Matching

For PROTECT Discretionary Planning Grants, the Federal share of an eligible planning activity shall be 100 percent. (23 U.S.C. § 176(d)(5)(E)(i)).

For PROTECT Discretionary Resilience Grants, the Federal share of an eligible project shall not exceed 80 percent of the total cost of the project. (23 U.S.C. § 176(d)(5)(E)(ii)(I)). If an Indian

Tribe (as defined in 23 U.S.C. § 207(m)(1)) receives a Resilience Improvement Grant, Community Resilience and Evacuation Route Grant, or At-Risk Coastal Infrastructure Grant, on the determination of the Secretary of DOT, the Federal share of an eligible project may be up to

100 percent. (23 U.S.C. § 176(d)(5)(E)(ii)(II)). For projects carried out in the U.S. Virgin

Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, the

Federal share of an eligible project shall be 100 percent. (23 U.S.C. § 120(g)).

Per 23 U.S.C. § 176(d)(5)(E)(iii), an eligible entity may use Federal funds other than a grant under the PROTECT Discretionary Grant Program to meet the non-Federal cost share requirement. The eligibility requirements and the non-Federal share requirements for each type of Federal funding used in the project must be met. In addition, all cost-share funds used are subject to the same Federal requirements as PROTECT Discretionary Grant Program funds described in Section F.2. Unless otherwise authorized by statute, the cost-share may not be counted as non-Federal share for both a PROTECT Discretionary Grant Program project and another Federal program.

funds can only be used for activities that are primarily for the purpose of resilience or inherently resilience related. As such, only the cost of making assets more resilient are eligible for

PROTECT funding. (For more information, see “Promoting Resilient Operations for

Transformative, Efficient, and Cost Saving Transportation (PROTECT) Formula Program

Implementation Guidance” July 29, 2022, p.14 available at

(https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_f ormula.pdf). The PROTECT Discretionary Grant Program project cost cannot include any previously incurred costs.

Applicants should use the following equation when determining the cost share for their

Resilience grant project:

(PROTECT Grant + Other Funds for the Project) = Total PROTECT Discretionary Grant

Program Project Cost

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

Calculating Cost Share with a Resilience Improvement Plan

The non-Federal share requirement shall be reduced as provided under 23 U.S.C.

§ 176(e)(1)(B)(i) and (ii) to a maximum reduction of 10 percent11 under 23 U.S.C.

§ 176(e)(1)(B)(iii)(I).

The non-Federal share of the cost of a project carried out using PROTECT Discretionary Grant

Program funds may be reduced by seven percentage points if the State or MPO has developed an eligible Resilience Improvement Plan and prioritized the project on that Resilience Improvement

Plan (23 U.S.C. § 176(e)(1)(B)(i)); and three percentage points if a State or MPO Resilience

Improvement Plan developed in accordance with Section 176(e) is incorporated (directly or by reference) into the metropolitan transportation plan under 23 U.S.C. § 134 or the statewide long-range transportation plan under 23 U.S.C. § 135, as applicable. (23 U.S.C. § 176(e)(1)(B)(ii)).

A project may be eligible for a seven percent reduction separately from, or in addition to, a three percent reduction in the non-Federal share. For example, a Resilience Improvement Plan without a prioritized project list would not be eligible for the seven percent reduction but could still apply the smaller three percent reduction if that plan is incorporated into the statewide long-range transportation plan.

Cost share example utilizing Resilience Improvement Plan: A State or MPO may have a resilience project eligible under PROTECT that is prioritized in its Resilience Improvement Plan developed under Section 176(e). Provided the State or MPO meets all procedural requirements for the Resilience Improvement Plan, the scenario may result in a split of 87 percent PROTECT

Discretionary Grant Program funds and 13 percent non-Federal funds. In a variation of the same scenario, if the State also incorporates the Resilience Improvement Plan into the long-range statewide transportation plan or MPO incorporates the Resilience Improvement Plan into the

11 A reduction of the non-Federal share under 23 U.S.C. § 176(e)(1)(B) shall not reduce the non-Federal share of the costs of a PROTECT Discretionary Grant Program Resilience Grant funded project to an amount that is less than zero. (23 U.S.C. § 176(e)(1)(E)(B)(iii)(II)).

https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_formula.pdf https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_formula.pdf metropolitan transportation plan, it may result in a split of 90 percent of PROTECT

Discretionary Grant Program funds and a non-Federal share of 10 percent.

Note for applicants requesting a reduction in Federal share under 23 U.S.C. § 176(e)(1): To qualify for the reduction in non-Federal share match, the project must be included in a Resilience

Improvement Plan before the NOFO application deadline. The applicant will need to submit a

Resilience Improvement Plan with their application to demonstrate that the plan meets the applicable requirements of 23 U.S.C. § 176(e) for the requested reduction in Federal share. The application budget should also clearly show how the Resilience Improvement Plan is expected to reduce the non-Federal share cost of the project. Determination of whether the requirements have been met and whether the project is eligible for a reduction in Federal share will be made during the grant review process.

Reduction of Non-Federal Share for Resilience Grants

Project is Prioritized in a Resilience

Improvement Plan

(23 U.S.C. § 176(e)(1)(B)(i))

Resilience Improvement Plan is

Incorporated in Other Planning

(23 U.S.C. § 176(e)(1)(B)(ii))

7% Reduction 3% Reduction

Eligible Entity

(Applicant)

Requirements Eligible Entity

(Applicant)

Requirements

State or MPO

1. Developed a

Resilience

Improvement Plan in accordance with

23 U.S.C.

§ 176(e)(2); and

2. The project is prioritized on the

Resilience

Improvement Plan developed in (1.)

above.

State or MPO

The Resilience

Improvement Plan developed in accordance with 23 U.S.C.

§ 176(e)(2) has been incorporated into the metropolitan transportation plan under

23 U.S.C. § 134 or the long-range statewide transportation plan under

23 U.S.C. § 135, as applicable.

Non-State or Non-

MPO

Non-State or Non-

MPO is located in a

State or area served by a MPO that has:

a. Developed a

Resilience

Improvement Plan in accordance with

Non-State or Non-

MPO

Non-State or Non-MPO is located in a State or area served by a MPO that has incorporated the

Resilience Improvement

Plan developed in accordance with 23

U.S.C. § 176(e)(2) into the metropolitan

§ 176(e)(2); and

b. The project is prioritized on the

Resilience

Improvement Plan developed in (1.)

above.

transportation plan under

23 U.S.C. § 134 or the long-range statewide transportation plan under

23 U.S.C. § 135, as applicable.

For each project that receives a grant under this notice, FHWA expects the project to be completed using at least the amount of matching funds that was specified in the application.

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

3. Other

a. Eligible Projects

Eligible activities are different for each of the four types of grants under the PROTECT

Discretionary Grant Program. Example projects for each of the four types can be found in the

PROTECT Formula Program Implementation Guidance at https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_fo rmula.pdf.

Eligible Projects

PROTECT Discretionary

Grant Program Funding

Project Activities

Planning Grant

23 U.S.C. § 176(d)(3)

1. In the case of a State or MPO, developing a Resilience

Improvement Plan under 23 U.S.C. § 176(e)(2);

2. Resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments;

3. Technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the surface transportation assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or

4. Evacuation planning and preparation.

Resilience Improvement Grant

23 U.S.C. § 176(d)(4)(A)(ii)

One or more construction activities to improve the ability of an existing surface transportation asset to withstand one or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters including:

1. Resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an…