WCPP NOFO- Final NOFO_508.pdf

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration Notice of Funding Opportunity (NOFO) for Fiscal Years (FY) 2022-2023 Wildlife Crossings Pilot Program

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

(FHWA).

ACTION: NOFO for the Wildlife Crossings Pilot Program

SUMMARY:

The purpose of this NOFO is to solicit applications for up to $111,850,000 in awards under the Wildlife Crossings Pilot Program (WCPP).

Pursuant to 23 U.S.C. 171, funds made available for the WCPP grants are to be awarded on a competitive basis for projects that seek to reduce the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species. This notice describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available technical assistance during the grant solicitation period.

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.

DATES:

Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Standard Time, on August 1, 2023 (the “application deadline”). Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made, until after the application deadline.

FHWA plans to conduct outreach regarding the WCPP in the form of virtual meetings for Tribes and all applicants. For more information, and to join the Webinars, see 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.

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.

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

FOR FURTHER INFORMATION CONTACT:

Freida Byrd Agreement Officer Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE. (HCFA-33) 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 Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE. (HCFA-33) 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.

FHWA will not review applications in advance, but FHWA staff are available for technical questions and assistance. In addition, FHWA will post answers to questions and requests for clarifications at grants.gov under this NOFO’s page. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact FHWA directly, rather than through intermediaries or third parties, with questions.

SUPPLEMENTARY INFORMATION:

Each section of this notice 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.

mailto:wildlifecrossings@dot.gov mailto:wildlifecrossings@dot.gov

Table of Contents

A. Program Description

B. Federal Award Information

C. Eligibility Information

D. Application and Submission Information

E. Application Review Information

F. Federal Award Administration Information

G. Federal Awarding Agency Contacts

H. Other Information

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 this site for any updates to this notice.

http://www.grants.gov/

SECTION A - PROGRAM DESCRIPTION

1. Overview

In creating the Wildlife Crossings Pilot Program (WCPP), Congress found that there are more than 1,000,000 wildlife1 vehicle collisions (WVC) annually that result in approximately 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 collisions pose a persistent danger to human safety, and the Federal Highway Administration (FHWA) estimated2 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 the U.S.

Department of Transportation (DOT), through the 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 departments of transportation (State DOTs),3 metropolitan planning organizations (MPOs),4 units of local government,5 regional transportation authorities, special purpose districts, public authorities with a transportation function, Indian Tribes,6 and Federal Land Management Agencies (FLMA) 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 $111,850,000.7

The primary goals of the WCPP are to save lives, prevent serious injuries, and protect motorists and wildlife by reducing WVCs, and improve habitat connectivity for terrestrial and aquatic species. Reduction of wildlife vehicle collisions 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.

1 For the purposes of this NOFO, wildlife is defined as wild animals, not domesticated animals or livestock.

2 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.

3 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.

4 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)).

5 For the purposes of this NOFO, units of local government are defined using the definition found in 2 CFR 200.1.

6 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).

7 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 $60 million authorized for FY 2022 and $65 million authorized for FY 2023. However, due to the imposition of the annual limitation on obligations of Federal highway programs contract authority, a total of $111,850,000 of this funding is available for award.

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

2. DOT Administration Priorities

The WCPP aligns with Biden-Harris Administration policies and priorities, including DOT’s Strategic Plan8 goals of Safety, Economic Strength, Equity,9 Climate and Sustainability, Transformation, and Organizational Excellence. The program will be implemented in line with Administration and Departmental policies and orders including the America the Beautiful Initiative; White House Council on Environmental Quality Guidance for Federal Departments and Agencies on Ecological Connectivity and Wildlife Corridors; DOT Climate Action Plan;

DOT Equity Action Plan; Executive Order (EO) 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64355); Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities10 Through the Federal Government (86 FR 7009);

Executive Order 12898, Federal Actions to Address Environmental Justice11 in Minority Populations and Low-Income Populations (59 FR 7629); Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619); Executive Order 14030, Climate Related Financial Risk (86 FR 27967); and Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects (87 FR 7363).

a. Safety

DOT and FHWA are committed to advancing safe, efficient transportation, including in the WCPP. As part of FHWA’s commitment to safety, FHWA seeks to fund projects that provide substantial safety benefits and advance safe, efficient transportation under the WCPP. The National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits DOT to respond to the current crisis in roadway fatalities by “taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,” in pursuit of the goal of achieving zero roadway deaths and serious injuries through a Safe System Approach which focuses on five key objectives: safer people, safer roads, safer vehicles, safer speeds, and post-crash care. The outcomes that are anticipated from the projects funded by the WCPP should improve the overall safety of the traveling public, mitigate any significant safety risks that could

8 See U.S. Department of Transportation Strategic Framework FY 2022-2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework 9 The term equity means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color;

members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. See DOT Equity Action Plan, January 2022, available at:

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

10 The term underserved communities refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of “equity” 11 Environmental justice, as defined by DOT, is the fair treatment and meaningful involvement of all people, regardless of race, ethnicity, income, national origin, or educational level with respect to the development, implementation and enforcement of environmental laws, regulations, and policies. See https://www.transportation.gov/transportation-policy/environmental-justice https://www.whitehouse.gov/ceq/news-updates/2021/05/06/biden-harris-administration-outlines-america-the-beautiful-initiative/ https://www.whitehouse.gov/ceq/news-updates/2021/05/06/biden-harris-administration-outlines-america-the-beautiful-initiative/ https://www.whitehouse.gov/wp-content/uploads/2023/03/230318-Corridors-connectivity-guidance-memo-final-draft-formatted.pdf https://www.whitehouse.gov/wp-content/uploads/2023/03/230318-Corridors-connectivity-guidance-memo-final-draft-formatted.pdf https://www.transportation.gov/sites/dot.gov/files/2022-04/Climate_Action_Plan.pdf https://www.transportation.gov/priorities/equity/equity-action-plan https://www.federalregister.gov/documents/2021/11/18/2021-25286/implementation-of-the-infrastructure-investment-and-jobs-act https://www.federalregister.gov/citation/86-FR-7009 https://www.federalregister.gov/documents/1994/02/16/94-3685/federal-actions-to-address-environmental-justice-in-minority-populations-and-low-income-populations https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.federalregister.gov/documents/2021/05/25/2021-11168/climate-related-financial-risk https://www.federalregister.gov/documents/2022/02/09/2022-02869/use-of-project-labor-agreements-for-federal-construction-projects https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework https://www.transportation.gov/transportation-policy/environmental-justice result after the project completion, and align with NRSS. FHWA intends to promote the benefits of reduced public burden and economic drain caused by WVCs, such as loss of income, medical costs, costs of replacing property damage, and decline in productively and quality of life.

b. Climate Change and Sustainability

DOT and FHWA seek to fund projects under the WCPP that reduce greenhouse gas emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce lifecycle greenhouse gas emissions from project materials, and avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with EO 14008, Tackling the Climate Crisis at Home and Abroad.

c. Equity

DOT and FHWA also seek to award projects under the WCPP that will create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; and EO 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.

d. Workforce Development, Job Quality, and Wealth Creation

DOT and FHWA intend to use the WCPP to support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and training and placement programs, especially registered apprenticeships, in project planning stages, consistent with EO 14025, Worker Organizing and Empowerment (86 FR 22829) and EO 14052, Implementation of the Infrastructure Investment and Jobs Act. DOT and FHWA also intend to use the WCPP to support wealth creation, consistent with DOT Equity Action Plan, through the inclusion of local inclusive economic development and entrepreneurship considerations, such as the utilization of Disadvantaged Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

In addition, consistent with the DOT’s Rural Opportunities to Use Transportation for Economic Success initiative, FHWA seeks to award funding to rural projects that address deteriorating conditions and disproportionately high fatality rates in rural communities. The FHWA is committed to ensuring that not less than 60 percent of the funding made available for grants each fiscal year goes to projects located in rural areas, consistent with the statutory requirement of 23 U.S.C. 171(g).

Note: These DOT Priorities will be considered in the selection process as provided in Section E.2 of this NOFO, which outlines the FY 2022 and 2023 WCPP grant selection criteria and describes the process for selecting projects that further these goals.

Section F of this NOFO describes program requirements and progress and performance reporting https://www.federalregister.gov/documents/2021/04/29/2021-09213/worker-organizing-and-empowerment https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf requirements for selected projects, including the relationship between that reporting and the program’s selection criteria, and the Administration’s 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 utilize if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in the appropriate sections of this NOFO, including Section D.2.c.ii.

SECTION B – FEDERAL AWARD INFORMATION

1. Award Amount Available

The total amount of funding available for awards under this NOFO is up to $111,850,000, which comprises funding authorized to be appropriated by the BIL for FY 2022 and FY 2023.

FHWA expects to obligate FY 2022 funds before FY 2023 funds. The FY 2022 funds must be obligated by September 20, 2025, and FY 2023 funds must be obligated by September 30, 2026.

2. Award Size and Anticipated Number of Awards

There is no minimum or maximum award size; however, applicants are encouraged to submit comprehensive applications for large-scale projects with total project costs of $200,000 or greater. FHWA anticipates awarding between 15- 50 grants with anticipated awards ranging from $200,000 to $20 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

a. Rural Projects

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 notice, 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 here.

All locations not designated as urban will be considered rural.

b. Prohibited Use

Grants funds may not be used to support or oppose union organizing.

https://hepgis.fhwa.dot.gov/fhwagis/ViewMap.aspx?map=MPO+Boundaries|FHWA%20Adjusted%20Urban%20Area

4. Types of Projects

FHWA seeks to award non-construction and construction projects12 under WCPP.

Examples of Non-Construction Projects include, but are not limited to the following:

• 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;

• 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. Where the State DOT administers the grant on behalf of the Eligible Entity, the State DOT must serve as a pass-through entity (23 U.S.C. 171(f)(2)(A)(ii)).

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).

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

If the grant recipient is an FLMA or Indian Tribe, funds will be administered with advanced payment upon the execution of a grant agreement with the 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)).

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. 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.

7. Data Collection and Monitoring Requirements

The WCPP is a pilot program, which FHWA intends to use to identify practices and projects that most effectively reduce WVC and improve wildlife connectivity. Data gleaned from monitoring activities will contribute to research and the development of a study of the practice of methods to reduce WVCs, as required by 23 U.S.C. 172(a), and associated activities.

Performance indicators used in reporting should align with project goals and the primary merit criteria defined in Section E.1.a. The WCPP funds may be used for comparisons over baseline conditions, data collection, monitoring and performance reporting and should be accounted for in the applicant’s budget. Before establishing the grant agreement, FHWA will work with grant recipients to determine the most appropriate indicators and metrics to assess project benefits for inclusion in the agreements. Indicators may document changes from an established baseline such as number of WVCs within the project area or degree of ecological benefit from habitat connectivity (e.g., considering pre-project baselines or post-project outcomes). Other indicators or metrics may consist of monitoring or maintenance activities where construction occurs, including those proposed to occur after completion of project construction. Applicants must agree to provide the required data or, if applicable, access to right-of-way or adjacent wildlife corridors for long-term data collection by FHWA or agencies with wildlife jurisdiction. As appropriate, applicants must agree to supply any supporting design reports outlining site conditions (e.g., geomorphic, and biological) and the constructed “as-built” plans including documented post-construction conditions specific to WVCs and habitat connectivity which will establish baseline conditions for future monitoring.

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 REQUIRMENT)

Cost sharing (non-Federal match) means the portion of 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 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 $5,000,000 project, the maximum Federal share would be $4,000,000 and the minimum required non-Federal matching share would be $1,000,000. For more information, see https://www.fhwa.dot.gov/bipartisan-infrastructure-law/fedshare_fact_sheet.cfm.

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.13

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 indicating their ability to provide that alternative matching share.14 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

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

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

https://www.fhwa.dot.gov/bipartisan-infrastructure-law/fedshare_fact_sheet.cfm https://www.fhwa.dot.gov/legsregs/directives/notices/n4540-12a1.cfm

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.

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, however, 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.

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)). FHWA may refer to the consultation outcome as part of the review process. For Tribes, such consultation shall be required only for projects that are not located on Tribal lands. State DOT consultation is an eligibility requirement.

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))15. 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, 15 Since 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.

reconstruction, rehabilitation, acquisition of real property and rights-of-way, environmental mitigation, permitting, public outreach project monitoring, construction contingencies, and operations.

FHWA recognizes that some potential projects may focus on subsets of activities within project development (e.g., environmental reviews or preliminary engineering) or propose to complete project activities (e.g., final design and construction). FHWA will allow projects consisting of 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.

d. Definition of Urban and Rural Communities

In selecting grants, FHWA shall award at least 60 percent of funds to 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 purposes of this notice, an urban area refers to an FHWA Adjusted Urban Area, a map of which can be found here. All other locations that are not designated as urban will be considered rural.

https://hepgis.fhwa.dot.gov/fhwagis/ViewMap.aspx?map=MPO+Boundaries|FHWA%20Adjusted%20Urban%20Area

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: 693JJ323NF00011

• Opportunity Name: FY 2022-2023 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 mandatory 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)

Standard Form 424B (Assurances for Non- Construction Programs)

Standard Form 424D (Assurances for Construction Programs)

Project Abstract Project Abstract Project Narrative Project Narrative

In addition, the Key Contacts form is optional for all applications.

Forms are available for download at https://www.grants.gov/web/grants/forms/sf-424-mandatory-family.html.

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

As further detailed below, the Project Narrative should include basic project information, a detailed project budget, information for FHWA to assess the project merit criteria specified in Section E.1.a and E.1.b, and information for FHWA to assess the project readiness of the project.

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.

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.

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 goals and outcomes anticipated, including how the project supports the program goals of saving lives, preventing injuries, and protecting wildlife 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.

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

The Project Abstract should not exceed 1 page in length.

c. Project Narrative

FHWA recommends that the Project Narrative follow the outline below. Following the outline will also assist evaluators in locating relevant information.

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

See D.2.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. Administration Priorities

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.

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 should use this section to place the project into a broader safety context, including the history and trends of WVCs within the project area, any previous studies or interventions regarding WVCs in the project area, and their performance results. The applicant should also use this section to place the project into a broader conservation context as well, including identification of the species that will benefit from the project; existing conservation designations or plans for the wildlife corridor, habitat, or project area; and benefits to ecosystem processes and functions. 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 project sponsor or other entities in the transportation corridor, wildlife corridor, or habitat, including other conservation grant programs administered by other Federal, State, or local agencies.

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. The application should also identify:

(a) If the project is located in an urban or rural area per the definition for this program described in Section C.3.d of this NOFO. If the project is located in an urban area, the applicant should identify the Adjusted Urban Area; and

(b) Whether the project is located in one of four federally designated community development zones (Opportunity Zones, Empowerment Zones, Promise Zones, or Choice Neighborhoods).

Information under (b) may be used for DOT’s internal data tracking.

This section of the application should further provide details about the lead applicant. The details should include the lead applicant’s demonstrated experience with receipt and expenditure of Federal highway program funds under Title 23, U.S.C or other Federal funding sources.

FHWA will consider the degree of experience as part of the project readiness evaluation. If an application is rated highly under other criteria, but the applicant has no or limited experience with the receipt and expenditure of Federal highway program funds, FHWA may contact the applicant prior to final selection of awards to discuss technical resources that may be available to assist the applicant in obtaining the capacity and expertise to ensure compliance with all applicable Federal requirements and timely delivery of the project.

The WCPP funds may be provided by an Eligible Applicant to Eligible Partners, including an MPO; a unit of local government; a regional transportation authority; a special purpose district or public authority with a transportation function; an Indian Tribe; an FLMA; a foundation, nongovernmental organization, or institution of higher education; or a Federal, Tribal, regional, or State government entity.

The applicant should describe in detail the role of any expected Eligible Partner and all of the other public and private parties who are expected to be involved in delivering the project, including a specific description of the role of each entity in delivering the project and their experience with applicable wildlife crossing and aquatic organism passage guidelines or standards. An Eligible Entity that 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)).

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

The application should include information regarding the project’s budget that is sufficient for FHWA to evaluate the project’s financial completeness. See Section E.1.c for more information on how FHWA will evaluate an applicant’s financial completeness.

Federal Funds: The applicant should describe the project’s budget in detail and the plans for covering the full cost of the project from all sources (including the Federal share and non- Federal/matching share). The applicant should provide the following information:

• All Federal funds to be used for future eligible costs of the project, including the requested WCPP grant amount, other Federal grants that have been awarded to the project or for which the project intends to apply in the future, and any Federal formula funds that have already been programmed for the project or are planned to be programmed for the project.

• For each category of Federal funds to be used for future eligible project costs, the amount, nature, and source of any required non-Federal match for those funds.

Detailed Budget: Project budgets should show how different funding sources will share in each activity and present those data in dollars and percentages. The budget should identify other Federal funds the applicant is applying for or has been awarded, if any, that the applicant intends to use. Funding sources should be grouped into three categories: (1) non-Federal; (2) WCPP Federal funding being requested; and (3) other Federal with specific amounts from each funding source. If the project contains components, the budget should separate the costs of each project component. If the project will be completed in phases, the budget should separate the costs of each phase. The budget should be detailed enough to demonstrate that the project satisfies the WCPP statutory cost-sharing requirements described in Section C.2 and those associated with any additional category of Federal funding. The application should include information showing that the applicant has budgeted sufficient contingency amounts to cover unanticipated cost increases.

In addition to the information described above, this section should provide complete information on how all project funds may be used. For example, if a source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a source of funds is available for expenditure only during a fixed period, the application should describe that restriction. The budget should clearly identify any expenses expected to be incurred between the applicant being selected for award, and obligation of WCPP funds because such expenses, except as authorized by DOT, are not eligible for reimbursement and may not be used toward the non-Federal match requirements.

Complete information about project funds will ensure that FHWA’s expectations for award execution align with any funding restrictions unrelated to FHWA, even if an award differs from the applicant’s request.

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