WCPP_FY24-26_NOFO_Final.pdf

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration Notice of Funding Opportunity for Fiscal Years (FY) 2024-2026 Wildlife Crossings Pilot Program (WCPP)

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 WCPP

Issuing Agency

FHWA

Program Overview

The purpose of this NOFO is to provide grants on a competitive basis for projects that seek to achieve a reduction in the number of wildlife-vehicle collisions (WVC); and improve habitat connectivity for terrestrial and aquatic species (Title 23, United States Code (U.S.C.), Section 171).

Objectives 1) Improve safety by reducing WVCs;

2) Improve habitat connectivity for terrestrial and aquatic species.

Eligible Applicants

• A State department of Transportation (State DOT);

• A metropolitan planning organization (MPO);

• A unit of local government;

• A regional transportation authority;

• A special purpose district or public authority with a transportation function;

• An Indian Tribe;

• A Federal Land Management Agency (FLMA); or

• Or a group of the above entities.

Eligible Project Types

Non-construction and construction projects, ranging from statewide plans and corridor studies to design and construction.

Funding This NOFO announces two application periods:

• FY 2024 and FY 2025 Funding: up to $145 million

• FY 2026 Funding: up to $80 million

FHWA also intends to award $2,269,418 in unawarded FY 2023 funds under this NOFO.

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

Deadline This NOFO announces two application periods:

• FY 2024 and FY 2025 Application Opens: June 6, 2024

• FY 2024 and FY 2025 Application Period Deadline: September 4, 2024, 11:59 p.m. ET

• FY 2026 Application Period Opens: May 1, 2025

• FY 2026 Application Period Deadline: August 1, 2025, 11:59 p.m. ET Cost-Share The Federal share for projects under the WCPP is 80 percent of total project costs unless an exception applies (23 U.S.C. 120). This program operates using the same Federal share provision as is generally applicable to Federal-aid projects. See Section C.2 of the NOFO for more information on cost share requirements.

The purpose of this NOFO is to solicit applications for the FY 2024-2026 WCPP and will result in the distribution of up to $227,269,418 in awards. The actual amount available to be awarded under this notice will be subject to the availability of funds.

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 and FY 2025 must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Time, on September 4, 2024. The Grants.gov “Apply” function will close on September 5, 2024, and will reopen on May 1, 2025, to allow for applicants to submit applications for the FY 2026 application period. Applications for FY 2026 funds must be submitted electronically through grants.gov starting on May 1, 2025, and no later than 11:59 p.m., Eastern Time, on August 1, 2025.

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

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

ADDRESSES:

Applications must be submitted electronically through grants.gov. Refer to Assistance Listing (formerly known as the Catalog of Federal Domestic Assistance Number): 20.205, Highway Planning and Construction.

FOR FURTHER INFORMATION:

Applicants are encouraged to refer to FHWA’s Website at https://highways.dot.gov/federal-lands/programs/wildlife-crossings for more program information, including fact sheets, additional resources, and points of contact. The DOT Navigator is also a tool with additional information and guidance to assist applicants in applying for DOT funding. The Navigator includes checklists for the climate change and workforce priorities to assist applicants in responding to these criteria.

FHWA plans to conduct outreach regarding the WCPP in the form of Webinars for Tribes and all applicants. For more information, and to join the Webinars, see https://www.grants.gov/ https://www.grants.gov/ https://highways.dot.gov/federal-lands/programs/wildlife-crossings https://highways.dot.gov/federal-lands/programs/wildlife-crossings https://www.transportation.gov/dot-navigator https://highways.dot.gov/federal-lands/programs/wildlife-crossings. Applicants are encouraged to read the NOFO prior to the Webinar and submit questions ahead of time to wildlifecrossings@dot.gov. The Webinar will be recorded and posted on FHWA's Website at https://highways.dot.gov/federal-lands/programs/wildlife-crossings. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

FHWA staff are available for general questions about the WCPP and NOFO. 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. In addition, FHWA will post answers to questions at https://highways.dot.gov/federal-lands/programs/wildlife-crossings. However, FHWA will not review applications in advance and will not provide technical assistance to any applicant, including providing guidance on how to address any information that should be included in an application.

FOR FURTHER INFORMATION CONTACT:

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

Washington, DC 20590 Email: wildlifecrossings@dot.gov (preferred) Phone: (202) 366-6547

Alternate:

Hector R. Santamaria Agreement Officer/Team Leader Office of Acquisition and Grants Management (HCFA-42) Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE.

Washington, DC 20590 Email: wildlifecrossings@dot.gov (preferred) Phone: (202) 493-2402

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

mailto:wildlifecrossings@dot.gov https://highways.dot.gov/federal-lands/programs/wildlife-crossings https://highways.dot.gov/federal-lands/programs/wildlife-crossings

SUPPLEMENTARY INFORMATION:

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

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

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

http://www.grants.gov/

SECTION A – PROGRAM DESCRIPTION

1. Overview

In creating the WCPP, Congress found that there are more than 1 million wildlife1 vehicle2 collisions (WVC) annually that result in tens of thousands of serious injuries and hundreds of fatalities on U.S. roadways. (See 23 U.S.C. 171(a)(1), 171(a)(2)(B)). These WVCs pose a persistent danger to human safety, and FHWA estimated3 the total annual cost associated with these WVCs as being over $8 billion (See 23 U.S.C. 171(a)(2)-(3)). In addition, Congress found that WVCs pose a danger to wildlife survival and are a major threat to the survival of species (23 U.S.C. 171(a)(2)(A)(ii), 171(a)(4)).

The Infrastructure Investment and Jobs Act of 2021 (Pub. L. 117-58, November 15, 2021, also known as the Bipartisan Infrastructure Law or BIL) authorized a total of $350 million for FYs 2022 through 2026 to be awarded by DOT, through FHWA, for the competitive WCPP. The WCPP is authorized under Section 11123(b) of BIL, and codified at 23 U.S.C. 171, with the goal of reducing WVCs while improving habitat connectivity and conservation for terrestrial and aquatic species (23 U.S.C. 171(b)). Grants are available for all project activities, including but not limited to research, planning, design, and construction. The WCPP seeks applications from State DOTs,4 MPOs,5 units of local government,6 regional transportation authorities, special purpose districts, public authorities with a transportation function, Indian Tribes,7 and FLMAs who are seeking projects to reduce WVCs and improve habitat connectivity for terrestrial and aquatic species.

The total amount of funding available in this NOFO is up to $227,269,4188 across two application periods, combined FY2024 and FY2025 and subsequently FY2026. Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Time, on September 4, 2024, for the combined FY 2024 and FY 2025 application period, which is making up to $145 million available. The opening date for the FY 2026 application period is May 1, 1 For the purposes of this NOFO, wildlife is defined as native wild animals. Livestock, domesticated animals, and animals with domesticated ancestors are not wildlife.

2 For the purposes of this NOFO, a vehicle is defined as a motor vehicle operating on a roadway.

3 Federal Highway Administration (2008). Wildlife-Vehicle Collision Reduction Study. Report to Congress.

Available at: https://www.fhwa.dot.gov/publications/research/safety/08034/08034.pdf . Last accessed on March 22, 2023.

4 For the purposes of the WCPP, a “State” refers to the 50 States, the District of Columbia, and Puerto Rico (See 23 U.S.C. 101(a)(28)). A State DOT refers to the department of a State responsible for highway construction.

5 For the purposes of the WCPP, an MPO is defined as the policy board of an organization established as a result of the designation under 23 U.S.C. 134(d) (See 23 U.S.C. 134(b)(2)).

6 For the purposes of this NOFO, units of local government are defined using the definition found in Title 2, Code of Federal Regulations (CFR), Part 200.1.

7 For the purposes of the WCPP, an Indian Tribe is defined per the definition in 23 U.S.C. 207(m)(1), including a Native village and a Native Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

8 Section 11101(d)(1) of BIL authorizes from the Highway Trust Fund $350 million to carry out the WCPP from FY 2022 through 2026. This NOFO solicits applications for the $70 million authorized for FY 2024, $75 million authorized for FY 2025, $80 million authorized for FY 2026, and $2,269,418 in unawarded FY 2023 funding.

However, due to the imposition of the annual limitation on obligations on the Federal-aid highway program’s contract authority, a lesser amount of this funding may be available for award.

https://www.grants.gov/ https://www.fhwa.dot.gov/publications/research/safety/08034/08034.pdf

2025. Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Time, on August 1, 2025, for the FY 2026 application period which is making up to $80 million available. Funding amounts are subject to the availability of funds. See Section D.4 for more information regarding submission dates.

The primary goals of the WCPP are to improve safety, protect motorists and wildlife by reducing WVCs, and improve habitat connectivity for terrestrial and aquatic species. Reduction of WVCs and improvement of terrestrial and aquatic habitat connectivity are the primary merit criteria that will be used in reviewing applications, and each of the primary merit criteria are of equal importance.

2. DOT Administration Priorities

DOT seeks to fund projects that advance the Departmental priorities of safety, equity, climate and sustainability, workforce development, job quality, and wealth creation as described in the DOT Strategic Plan, DOT Research, Development and Technology Strategic Plan, and in executive orders (E.O.).9 These DOT Priorities will be considered in the selection process as provided in Section E.1.d and E.2 of this NOFO, which outlines the Selection Considerations and describes the process for selecting projects that further these goals.

Section F.3 of this NOFO describes program requirements, and 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

a. The WCPP is described in the Federal Assistance Listings under the assistance listing program title “Highway Planning and Construction” and assistance listing number 20.205.

b. DOT and FHWA are committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. DOT and FHWA also recognize 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 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 the appropriate sections of this NOFO, including Section D.2.c.ii.

9 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.grants.gov/ 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

c. This is the second NOFO for the WCPP. The FY 2024 – FY 2026 WCPP NOFO is similar to FY 2022 and FY 2023 WCPP NOFO. Changes have been made to the application period timeframes in Sections A and D, and rating criteria in Section E.

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

SECTION B – FEDERAL AWARD INFORMATION

1. Award Amount Available

The total amount of funding available for awards under this NOFO is up to $145 million for the FY 2024 and FY 2025 application period, and up to $80 million for the FY 2026 application period, along with $2,269,418 in unawarded FY 2023 funding. FHWA intends to use this NOFO, combined with funding awarded under the FY 2022 through 2023 NOFO, to award all funding provided by Section 11101(d)(1) of BIL. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.

2. Award Size and Anticipated Number of Awards

There is no minimum or maximum award size; however, applicants are encouraged to submit applications for large-scale projects with total project costs of $200,000 or greater. On December 5, 2023, FHWA announced grant selections for FY 2022 and FY 2023 application period including 10 non-construction projects requesting between $200,000 and $1.2 million, and 9 construction projects requesting between $1.5 million and $25 million. FHWA anticipates awarding between 15-50 grants using FY 2024 and FY 2025 funds and between 5-25 grants using FY 2026 funds with anticipated awards ranging from $200,000 to $25 million, although FHWA may also make awards outside of this range. The number of awards will be ultimately determined by the number and quality of applications received in response to this NOFO and the availability of funding. FHWA also reserves the right to award less than the maximum amount presented in the application. 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 only obligate funds to successful applicants upon execution of a grant agreement.

3. Statutory Funding Provisions

FHWA will award 60 percent or more of available funds for projects located in rural areas (23 U.S.C. 171(g)). The definition of “rural areas” is found in 23 U.S.C. 101(a)(25) and refers to all areas of a State that are not urban areas. For the purpose of this NOFO, in line with 23 U.S.C.

101(a)(35), an urban area is an FHWA Adjusted Urban Area, a map of which can be found at:

National Highway System | HEPGIS (arcgis.com). All locations not entirely designated as urban will be considered rural. FHWA will consider projects that are in both urban and rural areas as rural.

4. Types of Projects

FHWA seeks to award non-construction and construction projects10 under WCPP. Examples of non-construction projects include, but are not limited to the following:

10 The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a project under this program. This includes preliminary engineering, https://hepgis-usdot.hub.arcgis.com/pages/852f56ef5f624811bc231aed6da8d718

• Research on safety innovations to reduce WVCs;

• Research and monitoring on the effectiveness of WVC mitigation;

• Development of mapping tools to document WVCs;

• Analysis of impacts of WVCs and best practices to reduce WVCs;

• Planning studies to identify terrestrial and aquatic wildlife migration corridors and roadway barriers to habitat that lead to WVCs;

• Developing or updating Statewide Transportation and Wildlife Action Plans;

• Tracking wildlife and mapping WVCs; or

• Outreach activities to educate the public on the hazards of WVCs.

Examples of construction projects include, but are not limited to the following:

• Design and pre-construction of an underpass or overpass for wildlife passage;

• Environmental permitting and right-of-way acquisition to construct a wildlife crossing structure;

• Adaptation or replacement of a culvert or bridge structure to accommodate connectivity for terrestrial species that are experiencing WVCs;

• Construction of a wildlife overpass or underpass and fencing;

• Preservation or restoration of habitat necessary to secure the effectiveness of a crossing project; or

• Construction of multiple crossing structures in an area to connect habitat for terrestrial or aquatic species.

See Section C.3.c for more information on eligible projects and activities.

5. Type of Award

If the grant recipient is any Eligible Entity other than an Indian Tribe or an FLMA, then, pursuant to 23 U.S.C. 171(f)(2)(A)(ii), the State DOT of the State in which the project is located must administer the grant. For these entities, the State DOT must directly administer the project on behalf of the entity or administer and oversee the project by serving as a pass-through entity for the entity (23 U.S.C. 171(f)(2)(A)(ii)). These entities may not request for FHWA to directly administer the grant. FHWA cannot award a grant to these entities if the State DOT does not agree to administer the grant.

If a grant recipient is a State DOT or if a State DOT will serve as a pass-through entity to the Eligible Entity or an Eligible Partner of the Eligible Entity, WCPP 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 FHWA Fiscal Management Information System (FMIS).

If the grant recipient is an FLMA or Indian Tribe, then, pursuant to 23 U.S.C. 171(f)(2)(A)(i), FHWA must administer the grant. Grant funds will be administered with advanced payment, engineering, design-related services directly relating to the construction of a highway project, reconstruction, resurfacing, restoration, rehabilitation, and preservation, acquisition of rights-of-way, relocation assistance, improvements that directly facilitate and control traffic flow, and improvements that reduce the number of WVCs.

See 23 U.S.C. 101(a)(4). The term “non-construction” means any activity that is not considered to be “construction.”

where appropriate, upon the execution of a grant agreement with FHWA or through existing agreements, and FHWA’s Office of Federal Lands Highway will administer the project (23 U.S.C. 171(f)(2)(A)(i)). These entities may not request the State DOT to administer the grant.

If the grant recipient is not an FLMA or Indian Tribe, grant awards will be administered on a reimbursement basis. In such situations, WCPP funds will reimburse recipients only for eligible costs incurred and for work performed after a grant agreement has been executed, allowable expenses are incurred, and valid requests for reimbursement are submitted. At FHWA’s sole discretion, alternative funding arrangements may be considered on a case-by-case basis.

Grant recipients may subaward funds.

6. 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. To determine whether a project selected to receive a WCPP grant will be funded with FY 2023, FY 2024, or FY 2025 funds, FHWA will consider the estimated project start date provided in the application. Funds will be assigned after announcement of projects selected to receive an award during the grant agreement development process.

The obligation deadlines for FY 2023, FY 2024, FY 2025, and FY 2026 WCPP funds available under this NOFO are described below. FY 2025 funds cannot be obligated before October 1, 2024, and FY 2026 funds cannot be obligated before October 1, 2025. Once obligated, WCPP grant funds are available until expended (subject to requirements and policies regarding inactive obligations).

Fiscal Year Obligation Deadline Expenditure Deadline FY 2023 September 30, 2026 Available until Expended 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 a WCPP grant occurs after a selected applicant enters a grant agreement with the FHWA and FHWA authorizes the project to proceed. For construction, this is generally after the applicant has satisfied applicable administrative requirements, including transportation planning;

environmental review requirements, including those under the National Environmental Policy Act (NEPA); real property and right-of-way acquisition requirements in accordance with 49 CFR 24 and 23 CFR 710; and compliance with 23 CFR 635 subpart C “Physical Construction Authorization” for State DOT applicants or 2 CFR 200.318 – 327 for non-State DOT applicants.

If a WCPP grant includes pre-construction and construction activities, FHWA may obligate funding in phases to provide funding for specific activities where administrative requirements are not required or have already been met. For example, FHWA may use a phased obligation to obligate funding at the execution of a grant agreement for environmental review activities and then obligate funding for construction once the environmental review activities are completed.

7. Previous WCPP Grant Applications

Applicants may apply for funding in multiple application periods under this NOFO. Applicants to the FY 2022-2023 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 preference for applications or applicants who have previously applied or been selected or not selected for the WCPP.

FHWA will not carry over applications from the FY 2024 and FY 2025 application period to the FY 2026 application period. Each application will be evaluated independently. Applications that were not awarded WCPP funding and are still seeking funding under the WCPP NOFO, will need to be resubmitted for each subsequent application period.

FHWA intends to award funding for the FY 2024 and FY 2025 application period prior to the beginning of the application period for FY 2026 funds. Applications for projects that previously received WCPP funding under the FYs 2022-2023 NOFO may seek additional funding for the projects under this NOFO and applications that receive an award under the FY 2024 and FY 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 application 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. For example, the resubmission of an identical application that received funds will not be considered; however, an application that clearly identifies how the use of prospective funding will advance additional stages of the project will be considered.

8. 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 entity awarded a grant, as described in Section B.5, the DOT Payment System will be “Current Bill” in FMIS and the start of the period of performance will begin on the date that WCPP funds are authorized in FMIS and end on the project end date in FMIS.

If a grant recipient will be a Tribe or FLMA, the DOT Payment System will be “DELPHI iSupplier” and the start of the period of performance will begin on the effective date of the grant agreement as executed by FHWA and the recipient, which will obligate the WCPP, and end on the project end date of the period of performance that is listed in the grant agreement.

SECTION C – ELIGIBILITY INFORMATION

To be selected for a grant, an applicant must meet the eligibility requirements under this Section C, including: Eligible Applicants; Cost Sharing (Non-Federal Match Requirement); and identified requirements in Other. Applications that do not meet these threshold eligibility requirements will not be evaluated as described in Section E.

1. Eligible Applicants

Eligible applicants for the WCPP are the following individual entities or a group of such eligible entities (23 U.S.C. 171(c)):

1) A State DOT;

2) An MPO;

3) A unit of local government;

4) A regional transportation authority;

5) A special purpose district or public authority with a transportation function;

6) An Indian Tribe; or

7) An FLMA.

FHWA encourages multiple eligible applicants to submit a joint application. Such applications must identify a lead applicant as the primary point of contact (POC) and identify the primary recipient of the award. Joint applications should include a description of the roles and responsibilities of each applicant and be signed or include a letter of support by each applicant.

Eligible applicants can apply for funding from the WCPP in concert with Eligible Partners, and if funding is received, may provide such funding to Eligible Partners of the project in accordance with the terms of the grant agreement (23 U.S.C. 171(f)(2)(B)). Eligible Partners include the following entities or a group of the following entities:

1. An MPO;

2. A unit of local government;

3. A regional transportation authority;

4. A special purpose district or public authority with a transportation function;

5. An Indian Tribe;

6. An FLMA;

7. A foundation, nongovernmental organization, or institution of higher education; or

8. A Federal, Tribal, regional, or State government entity.

An Eligible Entity that receives a WCPP grant and enters into a partnership with an Eligible Partner must establish measures to verify that the Eligible Partner complies with the conditions of the WCPP in using WCPP funds (23 U.S.C. 171(f)(3)). FHWA encourages applicants to include such measures they plan to implement in their applications. Regardless of whether an Eligible Partner is involved, the Eligible Applicant remains responsible for meeting the conditions of the grant agreement. Applicants are asked to describe their role with expected partners and other applicants in their applications. For more information, see Section D.2.c.I.

2. Cost Sharing (Non-Federal Match Requirement)

Cost sharing (non-Federal match) means the portion of total eligible project costs not paid using Federal funds, including WCPP funds.

As the WCPP is under Title 23, U.S.C., the Federal share for projects under the WCPP is 80 percent of total eligible project costs, unless an exception, such as ones noted below, applies (23 U.S.C. 120(b)). This means that, unless a verified exception applies, awardees must provide at least 20 percent of the total project cost (not 20 percent of the Federal share) as a non-Federal match. For example, on a $5 million project, the maximum Federal share would be $4 million and the minimum required non-Federal matching share would be $1 million. For more information, see https://www.fhwa.dot.gov/bipartisan-infrastructure-law/fedshare_fact_sheet.cfm. Additional information on non-Federal matching requirements can be found at https://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.pdf.

There are some flexibilities that may allow the Federal share to increase to more than 80 percent of project costs, which would mean that the awardee would have to provide a smaller matching share. For example, pursuant to 23 U.S.C. 120(c)(1), the Federal share for certain safety projects may be 100 percent of the cost of such construction projects. In addition, 23 U.S.C. 120(a) and

(b) authorize an upward adjustment, also known as a sliding scale, to the Federal share for projects in States containing Federal and nontaxable Indian lands. The amount of the upward adjustment is based on the percentage of Federal nontaxable Indian lands in the State.11

Unless specifically authorized by Congress, all matching funds must come from non-Federal sources. Examples of programs where Federal funds can be used for the matching share include the Tribal Transportation Program under 23 U.S.C. 202 and the Federal Lands Transportation Program under 23 U.S.C. 203; per 23 U.S.C. 120(k), such funds can be used toward the matching share for the WCPP for a project that provides access to or within Federal or Tribal land. Again, it is important to note that other Federal funds cannot be used as an applicant’s matching share unless that ability is specifically provided by Congress in statute, such as the clear language of 23 U.S.C. 120(k). Applicants could not, for example, use Highway Safety Improvement Program funds under 23 U.S.C. 148 to serve as the matching share for a safety-related project under the

WCPP.

Beyond Federal funds that are specifically authorized to be used as matching funds, the matching share can come from private, local, Tribal, and State funds. In accordance with 2 CFR 200.306, grant recipients may use in-kind or cash contributions toward the match requirements so long as those contributions meet the requirements of 2 CFR 200.306(b). Matching funds are subject to the same Federal requirements as WCPP funds.

Applicants should document cost sharing in their application, including the ability to provide the 20 percent match under 23 U.S.C. 120(b) or, if the applicant believes a different matching share applies, a justification as to why that Federal share percentage applies and documentation

11FHWA publishes guidance with the specific share allowable in each State based on the sliding scale.

https://www.fhwa.dot.gov/bipartisan-infrastructure-law/fedshare_fact_sheet.cfm https://www.fhwa.dot.gov/bipartisan-infrastructure-law/fedshare_fact_sheet.cfm https://www.fhwa.dot.gov/legsregs/directives/notices/n4540-12a1.cfm https://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.pdf indicating their ability to provide that alternative matching share.12 FHWA will make the final determination on the match percentage required for each awarded project. For that reason, and since applications that do not provide a sufficient matching share will not be eligible to receive WCPP funds, FHWA recommends applicants document their ability to provide a 20 percent matching share as well as document any alternative matching share that the applicant believes is applicable. In addition, as noted in Criterion #2.1 in Section E.1.b, pursuant to 23 U.S.C.

171(e)(2)(A), FHWA will consider the extent to which a proposed project is likely to leverage Federal investment by encouraging non-Federal contributions to the project.

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

FHWA will not consider previously incurred costs or previously expended or encumbered funds toward the matching requirement for any project. Matching funds are subject to the same Federal requirements described in Section F.2 as awarded funds.

3. Other

a. Number of Applications

There is no limitation on the number of applications that may be submitted by an eligible applicant.

Each application must be complete and able to stand on its own merits. FHWA encourages joint applications from eligible applicants with a lead applicant identified. Further, only one project may be included in each application. An Eligible Entity may not bundle multiple disconnected projects as a single application, but one project may include multiple related components. If a project consists of multiple components of the same project, an applicant should submit one application containing all such components. When determining whether multiple activities are components of the same project, and can be included in a single applicant, or should be treated as different projects, and therefore should be provided as separate applications, FHWA will consider factors such as geographic proximity, WVC and connectivity problems, and the goals and objectives of the components of the project.

b. State Department of Transportation Consultation

All applicants, other than FLMAs and State DOTs, shall include documentation of consulting with the State DOT in which applicant is located (23 U.S.C. 171(d)(2)). For Tribes, such consultation shall be required only for projects that are not located on Tribal lands.

Where this requirement applies, State DOT consultation is an eligibility requirement, and FHWA will not review applications that fail to provide sufficient documentation of consultation under the criteria in Section E, and such applications will not be eligible for funding. FHWA may refer to the consultation outcome as part of the review process. Examples of documentation of consultation with the State DOT include, but are not limited to, letters, agreements, and signed

12 See Section D.2.c.ii for more information about documenting cost sharing in the application.

meeting minutes. Applicants are not required to form an agreement with the State DOT to administer the project during the consultation process.

c. Eligible Projects and Project Costs

Eligible projects must seek to achieve a reduction in WVCs and, in seeking to achieve a reduction in WVCs, also improve habitat connectivity for terrestrial and aquatic species.

(23 U.S.C. 171(b)). Eligible projects may be non-construction or construction projects (23 U.S.C. 171(b)).13 Construction projects include all activities that lead to a built project, while non-construction projects include all other projects, such as research projects and planning studies. See Section B.4 for examples of types of projects.

Eligible project costs may include the following eligible grant activities for non-construction projects: planning, research, public outreach, and feasibility analyses.

Eligible project costs may include the following eligible grant activities for construction projects:

environmental review, preliminary engineering and design work, preservation, replacement, reconstruction, rehabilitation, acquisition of real property and rights-of-way, environmental mitigation, permitting, public outreach project monitoring, construction contingencies, and operations.

Evaluation expenses, and the purchase of equipment such as cameras and detection systems for monitoring is allowable unless prohibited by statute or regulation.

FHWA recognizes that some potential projects may focus on subsets of activities within the project development lifecycle (e.g., just environmental studies and reviews or preliminary engineering) or propose to build upon or complete project activities (e.g., construction of a project after its design has been completed). FHWA will allow proposed projects that include one or multiple such subsets.

All project costs must conform to 2 CFR 200.403 and FHWA reserves the right to make cost eligibility determinations on a case-by-case basis. Submission of an eligible project is an eligibility requirement.

13Since the statute is silent and the range of eligible activities that may constitute a “project,” FHWA broadly construes this eligibility to include both construction and non-construction activities.

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: 693JJ324NF00023

• Opportunity Name: FY 2024-2026 Wildlife Crossings Pilot Program

• Assistance Listing Number: 20.205

When at one of these Webpages, select the opportunity, which will open to a Webpage 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 NOFO POC, 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.

The application must include the following required forms, submitted as individual pdf documents, based on the type of project:

Required Forms for Non-Construction Project Applications:

Required Forms for Construction Project Applications:

Standard Form 424 (Application for Federal Assistance)

Standard Form 424 (Application for Federal Assistance)

Grants.gov Lobbying Form (Certification Regarding Lobbying)

Grants.gov Lobbying Form (Certification Regarding Lobbying)

Disclosure of Lobbying Activities form (SF-

LLL)

Disclosure of Lobbying Activities form (SF-

LLL)

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

Standard Form 424C (Budget Information for Construction Programs)

Project Abstract Project Abstract Project Narrative Project Narrative

In addition, the Key Contacts form is optional for all applications. Applicants may also submit any letters of support or endorsement for consideration by FHWA.

http://www.grants.gov/ http://www.grants.gov/

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

Forms can also be found with the grant opportunity on Grants.gov under “package forms,” where the forms are grouped as mandatory forms and optional forms. Under “package forms,” forms listed as mandatory are required for both non-construction and construction project applications;

forms listed as optional are required based on the type of project.

In Standard Form 424, applicants may leave fields 5a, 5b, 6, 7, and 13 blank.

The Standard Form 424A or 424C, as applicable, should be supported by a budget narrative explaining each element of cost (See Section B.2.c.ii). FHWA reserves the right after an application is selected for award, to request additional supporting information and or documentation for purposes of confirming costs proposed are allowable (2 CFR 200.403) Reasonable (2 CFR 200.404) and Allocable (2 CFR.405).

The applicant should ensure they include the information outlined in the WCPP Application Checklist, provided as Attachment 1, in their application.

Within the Project Narrative, applicants do not need to specifically reference the three aspects of Project Readiness described in Section E.1.c. Information provided by the applicant in the Project Readiness section of the Project Narrative on the project budget and on the technical capabilities of the project should allow FHWA to undertake the three Project Readiness assessments described below.

FHWA recommends that the Project Abstract and 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 on 8½ x 11 inch size paper). Applicants may include maps, graphics, and tables. Text in tables and captions may be smaller than 12-point font but must be legible. The Project Abstract should not exceed 1 page in length. The Project Narrative should not exceed 25 pages in length. Appendices may include documents supporting assertions or conclusions made in the 25-page Project Narrative and do not count toward the 25-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 including a table of contents, and using appropriately descriptive final names (e.g., “Project Narrative,” “Maps,” “Memoranda of Understanding and Letters of Support,” etc.) for all attachments.

To the extent practicable, applicants should provide supporting data and documentation in a form that is publicly available and directly verifiable by FHWA. FHWA may, but is not required to, request additional information, including additional data, to clarify supporting data and documentation submitted in an application, but FHWA encourages applicants to submit the most relevant and complete information they can provide. FHWA also encourages applicants, to the extent practicable, to provide data in a form that is publicly available or verifiable. To ensure a https://www.grants.gov/forms/forms-repository/sf-424-mandatory-family fair and unbiased evaluation of applications, FHWA will not request additional information to perfect incomplete applications.

The project narrative and project abstract must be attached to Item 15 of the SF-424. The WCPP Application Checklist should not be included as part of an application. To add an attachment to Item 15 of the SF-424:

• Click on “Add Attachments” in Item 15 to open the first pop-up window. Click “Add Attachment” and a second pop-up File Explorer/Directory window will appear, from which you can choose files to attach. Attachments can be added one at a time or all at once by holding down the CTRL key and selecting multiple files. Select “Open” to add the selected files as attachments.

• Click “Done” to finalize the attachments.

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

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

b. Project Abstract

The Project Abstract should summarize the scope of work and type of project that would be completed under the award. Applicants should briefly describe the project scope and location, and anticipated goals and outcomes, including how the project supports the program goals of improving safety by reducing WVCs; and, in doing so, improving habitat connectivity for terrestrial and aquatic species. Applicants are also encouraged to briefly describe how the project supports the goals of safety, climate change and sustainability, equity and reducing barriers to opportunity, and labor and workforce.

The Project Abstract should not exceed one page in length.

c. Project Narrative

FHWA recommends that the Project Narrative include the following sections. Following this outline will also assist evaluators in locating relevant information.

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

See D.2.c.i

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

See D.2.c.ii

III. Project Merit Criteria See D.2.c.iii

IV. Project Readiness See D.2.c.iv

V. Selection Considerations See D.2.c.v

The Project Narrative should provide information necessary for FHWA to determine that the project satisfies project requirements described in Section C for the grant program and to assess the selection criteria specified in Section E.1. While applicants do not need to specifically reference the three aspects of Project Readiness described in Section E.1.c in the Project Narrative, information provided by the applicant in the Project Readiness section of the Project Narrative on the project budget and on the technical capabilities of the project should allow FHWA to undertake the three Project Readiness assessments described below.

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

The applicant should provide a concise description of the project including a discussion of the proposed project’s history and a description of any previously incurred costs.

The applicant may further use this section to place the project into a broader investment context, including information on other infrastructure investments being pursued by the applicant or other entities in the transportation corridor, wildlife corridor, or habitat, including other conservation grant programs administered by other Federal, State, or local agencies.

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 WCPP Project, regardless of whether a component includes Federal funding. The status of each component should be clearly described. 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. 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. All project components that are presented together in a single application must demonstrate a relationship or connection between one another. Applicants should be aware that, depending upon the relationship between project components and applicable Federal law, FHWA funding of only some project components may make other project components subject to Federal requirements as described in Section F.2.

FHWA strongly encourages applicants to identify in their applications the project components that have independent utility and separately detail costs and requested WCPP 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 benefits on its own, in addition to describing how the full proposal, of which the independent component is a part, addresses the selection criteria in Section E.1.

As applicable to the specific type of project, the applicant should describe the project location, including a detailed geographical description of the proposed project (such as the latitude and longitude), a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location. Tribal applicants should indicate whether their proposed project will be located on Tribal land. As indicated in Section C.3.b, the requirement that applicants consult with the State DOT in the State in which the applicant is located does not apply for Tribal applicants where the project is located on Tribal land.

The application should also identify whether the project is located in an urban or rural area per the definition for this program described in Section B.3 of this NOFO. If the project is located in an urban area, the applicant should identify the Adjusted Urban Area; and whether the project is located in one of four federally designated community development zones (Opportunity…