Draft NOFO
NSFLTP Draft NOFO.docx
Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program
Draft NOFO
OMB:
Office of the Administrator 1200 New Jersey Ave., SE
Washington, DC 20590
ACTION MEMORANDUM TO THE UNDER SECRETARY OF TRANSPORTATION FOR POLICY
From: Shailen P. Bhatt Administrator X62240
Prepared by: Brian J. Fouch
Associate Administrator for Office of Federal Lands Highway
Subject: Notice
of Funding
Opportunity for
the Fiscal
Years 2024 –
2026 Nationally
Significant Federal Lands and Tribal Projects Program ($165 million)
(Tier 3)
ACTION REQUESTED
I request that you approve the Notice of Funding Opportunity (NOFO) announcing that up to
$165 million of Fiscal Year (FY) 2024 through FY 2026 is available for the Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program. The NOFO will be posted on Grants.gov.
SUMMARY
The purpose of this NOFO is to solicit applications for the remaining 3 fiscal years of funding authorized under the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL) (Pub. L. 117-58) for the NSFLTP Program. Grants under the program will result in the distribution of up to $165 million in combined FY 2024, FY 2025, and FY 2026 funds, subject to the availability of funds.
BACKGROUND
The NSFLTP Program was authorized under Section 1123 of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94) and amended by Section 11127 of BIL. The NSFLTP Program funds are to be awarded on a competitive basis for the construction, reconstruction, and rehabilitation of nationally significant projects within, adjacent to, or accessing Federal and Tribal Lands. The NSFLTP Program provides an opportunity to address significant challenges across the Nation for transportation facilities that serve Federal and Tribal Lands. The NOFO describes the application requirements, primary merit criteria based on statutorily defined considerations, secondary merit criteria based on U.S. Department of Transportation (DOT) priorities, and applicable program and Federal requirements.
In BIL, Congress authorized $55 million in contract authority per fiscal year for FY 2022 through FY 2026 from the Highway Trust Fund for the NSFLTP Program. The total amount of funding available for awards under this NOFO from FY 2024 through FY 2026 is up to $165 million. However, due to the imposition of the annual limitation on obligations of Federal-aid highway programs, the contract authority will be reduced.
This NOFO provides three application periods, one each for FY 2024, FY 2025, and FY 2026 funds. The NSFLTP funding available for each of FY 2024, FY 2025, and FY 2026 is $55 million, subject to the availability of funds. The FY 2024 funds must be obligated by the end of FY 2027, the FY 2025 funds must be obligated by the end of FY 2028, and the FY 2026 funds must be obligated by the end of FY 2029.
The NSFLTP statute requires that
eligible projects be a single continuous project on a Federal Lands
transportation facility, a Federal Lands access transportation
facility, or a Tribal transportation facility (as those terms are
defined in Title 23, United States Code (U.S.C.), Section 101, except
that such facility is not required to be included in an inventory
described in 23 U.S.C. 202 or 23 U.S.C. 203); have an estimated
project cost size equal to or exceeding
$12.5 million; and have
completed National Environment Policy Act activities. In addition,
the NSFLTP statute requires that 50 percent of the funds each fiscal
year be used for projects on Tribal transportation facilities and 50
percent be used for projects on Federal Lands transportation
facilities and Federal Lands access transportation facilities. The
statute also requires funding of at least one eligible project
submitted by the U.S. National Park Service for a unit of the
National Park System with 3 million annual visitors or more from the
50 percent dedicated to projects on Federal Lands transportation
facilities and Federal Lands access transportation facilities.
For purposes of awarding funds under
this NOFO, the Federal Highway Administration (FHWA) has identified
nine primary merit criteria
and four secondary merit criteria to advance DOT policy priorities.
The primary merit criteria, as outlined under Section 1123(f) of the
FAST Act and continued under BIL, are:
Furthers DOT’s goals, including state of good repair, economic competitiveness, quality of life, and safety;
Improves the condition of critical transportation facilities, including multimodal transportation facilities;
Needs construction, reconstruction, or rehabilitation;
Has matching funds (projects with a greater percentage of matching funds rank higher than projects with a lesser percentage of matching funds);
Is included on or eligible for the National Register of Historic Places
Uses new technologies and innovations to increase project efficiency;
Is supported (whether for construction or for operation and maintenance) by funds other than those received under this program;
Spans two or more States; and
Serves land owned by multiple Federal agencies or Indian Tribes.
The secondary merit criteria are:
Equity;
The Justice40 Initiative;
Climate Change and Sustainability; and
Workforce Development, Job Quality, and Wealth Creation.
All projects are evaluated to ensure project readiness. To reduce the burden on Tribal applicants, applications from Tribes for projects on Tribal transportation facilities need only address the primary merit criteria and will not be evaluated for the above four secondary merit criteria.
In addition to requesting grant applications for the NSFLTP Program, the NOFO identifies the application requirements; selection and evaluation criteria; applicable program and Federal requirements; and available technical assistance during the grant solicitation period. FHWA will distribute these funds as described in the NOFO on a competitive basis in a manner consistent with the evaluation and selection criteria.
RECOMMENDATION
I recommend that you approve the NSFLTP NOFO, announcing up to $165 million of FY 2024, FY 2025, and FY 2026 funding to solicit grant applications for the NSFLTP Program.
The Under Secretary of Transportation for Policy
APPROVED: _______________________
COMMENTS:
NSFLTP Questions and Answers
NSFLTP Program Evaluation Plan
Summary of NOFO Priority Language and Changes from the Prior Year
U.S. DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Funding Opportunity for Fiscal Years (FY) 2024-2026 Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program
AGENCY: U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA)
ACTION: Notice of Funding Opportunity (NOFO)
SUMMARY:
The purpose of this NOFO is to solicit applications for each of Fiscal Year FY 2024 through 2026 for the NSFLTP Programs and will result in the distribution of up to $165 million. The actual amount available to be awarded under this NOFO will be subject to the availability of funds.
The NSFLTP Program was authorized by Section 1123 of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94), as amended by Section 11127 of the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL) (Pub. L. 117-58). Funds made available for NSFLTP Program grants are to be awarded on a competitive basis to construct, reconstruct, or rehabilitate nationally significant Federal Lands and Tribal transportation projects. FAST Act § 1123(a). This NOFO describes the application requirements, selection and evaluation criteria, applicable program and Federal requirements, and available technical assistance during the grant solicitation period.
Applications for FY 2024 funds must be submitted electronically through Grants.gov by 11:59 p.m., Eastern Standard Time, on August 1, 2024. The Grants.gov “Apply” function will close on August 2, 2024, and will reopen on May 1, 2025, for the FY 2025 application period.
Applications for FY 2025 funds must be submitted electronically through Grants.gov starting on May 1, 2025, and no later than 11:59 p.m., Eastern Standard Time, on August 1, 2025. The Grants.gov “Apply” function will close again on August 2, 2025, and will reopen on May 1, 2026, for the FY 2026 application period.
Applications for FY 2026 funds must be submitted electronically through Grants.gov starting on May 1, 2026, and no later than 11:59 p.m., Eastern Standard Time, on August 1, 2026.
FHWA plans to conduct outreach regarding the NSFLTP Program in the form of Webinars. For more information and to join the Webinars, see the NSFLTP Webpage: https://highways.dot.gov/federal-lands/programs/significant. The Webinar will be recorded and posted on FHWA’s Website at https://highways.dot.gov/federal-lands/programs/significant. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
Applications must be submitted electronically through https://www.Grants.gov. Refer to Catalog of Federal Domestic Assistance Number: 20.205 Highway Planning and Construction.
FOR FURTHER INFORMATION CONTACT:
Frances Ramirez
National Program Manager
Office of Federal Lands Programs
Federal Highway Administration
Building E1, Suite 150
22001 Loudoun County Parkway
Ashburn, VA 20147
email: [email protected].
Alternate:
Veronica R. Jacobson, P.E.
Grants Management Specialist
Office of Acquisition and Grants Management
Federal Highway Administration (HCFA-42)
U.S. Department of Transportation
1200 New Jersey Avenue, SE.
Washington, DC 20590
email: [email protected].
Office hours are from 9:00 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, except Federal holidays.
Applicants are encouraged to refer to FHWA’s Website at https://highways.dot.gov/federal-lands/programs/significant for more program information, including fact sheets, additional resources, and points of contact. The DOT Navigator is a tool with additional information and guidance to assist applicants in applying for DOT funding.
FHWA will not review applications in advance, but FHWA staff are available for general questions about the NSFLTP Program and this NOFO. FHWA will not provide technical assistance to any applicant, including providing guidance on how to address any information that should be included in an application. In addition, FHWA will post answers to questions and requests for clarification at Grants.gov under this NOFO’s page and on the NSFLTP Program Website https://highways.dot.gov/federal-lands/programs/significant. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact FHWA directly, rather than through intermediaries or third parties, with questions.
SUPPLEMENTARY INFORMATION:
Each section of this NOFO contains information and instructions relevant to the application process for NSFLTP Program grants. Applicants should read this NOFO in its entirety so that they have the information needed to submit eligible and competitive applications.
Table of Contents
Program Description 5
Federal Award Information 7
Eligibility Information 10
Application and Submission Information 13
Application Review Information 24
Federal Award Administration Information 38
Federal Awarding Agency Contacts 43
Other Information 44
This NOFO contains collection of information requirements subject to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, 424C, 424D, and SF-LLL has been approved by the Office of Management and Budget (OMB) under OMB Control Number 2105-0520. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to penalty for failure to comply with, a collection of information subject to the Paperwork Reduction Act, unless that collection displays a currently valid OMB control number.
NOTE: FHWA uses www.Grants.gov for receipt of all applications. Applicants must register and use the system to submit applications electronically. Applicants are encouraged to register in advance of the submission deadline and to register to receive notifications of updates/amendments to this NOFO. Approval of user registration for the site may take multiple weeks. It is the applicant’s responsibility to monitor for any updates to this NOFO.
The FAST Act established the NSFLTP Program. Under Section § 1123(a) of the FAST Act, the purpose of the NSFLTP Program is to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal Lands and Tribal transportation projects.
The BIL provided $55 million per year in contract authority funding from the Highway Trust Fund for each of FYs 2022 through 2026. The BIL also modified the NSFLTP Program in several ways, such as:
Reducing minimum project sizes from $25 million to $12.5 million;
Requiring that half of the funding each fiscal year go to projects on Tribal transportation facilities and half of the funding go to projects on Federal Lands transportation facilities and Federal Lands access transportation facilities;
Increasing the Federal share of projects on Tribal transportation facilities to 100 percent;
Allowing all Federal funds, including those made available under Titles 23 and 49 of the United States Code (U.S.C.), to serve as the non-Federal share of the project; and
Requiring the funding of at least one eligible project submitted by the National Park Service for a unit of the National Park System with 3 million annual visitors or more.
DOT Administration Priorities
The DOT seeks to fund projects that advance the DOT priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation as described in the USDOT Strategic Plan, Research, Development and Technology Strategic Plan, and in executive orders (E.O.).1 These DOT Priorities will be considered in the application review process as provided in Section E of this NOFO, which outlines the Merit Criteria and describes the process for selecting projects that further these goals.
Section F.3 of this NOFO describes progress and performance reporting requirements for selected projects, including the relationship between that reporting and the program’s selection criteria, and the Administration’s Priorities and Departmental Strategic Plan goals, as appropriate.
The NSLFTP program is described in the Federal Assistance Listings under the assistance listing program title “Highway Planning and Construction” and assistance listing number 20.205.
FHWA is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. FHWA also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT discretionary opportunities or seek a combination of funding from multiple DOT opportunities. The applicant should identify any other DOT programs and opportunities they intend to apply for (or use if the Federal funding is already available to the applicant), and what award amounts they will be seeking, in their applications, as further described in Section D.2.a.II of this NOFO.
While FHWA has modified the format of this NOFO compared to the FY 2023 NOFO for readability, much of the content remains the same.
The NOFO was also modified to announce multiple years of funding. This NOFO sets out the application requirements and dates for funding available in FY 2024 through FY 2026.
FHWA has also made slight revisions to the evaluation of the merit criteria under Section E.1.a and under Section E.1.b.
In addition, project readiness is a separate assessment under this NOFO, which FHWA will assess for all projects. See Section E.1.c. of the NOFO. Project readiness was a discretionary criterion under the FY 2023 NOFO.
The total amount of funding available for awards under this NOFO is up to $55 million for the FY 2024 application period, up to $55 million for the FY 2025 application period, and up to $55 million for the FY 2026 application period, which comprises all of the remaining funding authorized by BIL for the NSFLTP Program. The actual amount available to be awarded under this NOFO will be subject to the availability of funds. If additional funding is appropriated for the NSFLTP during FYs 2024, 2025, or 2026, FHWA may amend this NOFO to include any such amount.
Under Section § 1123(c)(3) of the FAST Act, eligible projects must have an estimated total eligible cost, based on the results of preliminary engineering, of at least $12.5 million. There are, however, no minimum or maximum award amount sizes assuming that the project’s estimated cost is at least $12.5 million. An applicant may request or receive less than $12.5 million in NSFLTP Program funding, and FHWA reserves the right to award less than the maximum amount of NSFLTP Program funding requested in an application. The NSFLTP Program funding and any additional sources of funding, however, must cover all eligible project costs, which, at the time of application, must be at least $12.5 million based on the results of preliminary engineering.
The number of awards will be determined ultimately by the number and quality of applications received in response to this NOFO and the availability of funding. The Federal Government is not obligated to make any Federal award as a result of the announcement, and the announcement of an award does not guarantee funding to the successful applicant. FHWA will obligate funds only to successful applicants upon execution of a grant agreement as described in Section B.5.
Statutory Funding Provisions
Per Section § 1123(h)(1) of the FAST Act, of the amounts made available to carry out this program each fiscal year, 50 percent shall be used for eligible projects on Federal Lands transportation facilities and Federal Lands access transportation facilities (as those terms are defined in 23 U.S.C. 101(a); and 50 percent shall be used for eligible projects on Tribal transportation facilities (as that term is defined in 23 U.S.C. 101(a)).
Pursuant to Section § 1123(h)(2) of the FAST Act, at least one project funded using the 50 percent set-aside for projects on Federal Lands transportation facilities and Federal Lands access transportation facilities must be in a unit of the National Park System with at least 3 million annual visitors.
An applicant may apply for additional NSFLTP Program funds during any or all application periods under this NOFO. Similarly, entities that received previous NSFLTP Program awards for a project under an earlier application period in this NOFO or prior NOFOs may also apply for additional NSFLTP Program funding to complete additional activities, phases, or components not covered by the previous awards. FHWA will not provide NSFLTP Program funding for the same activities covered by a previous NSFLTP Program award. The resubmission of an identical application that received NSFLTP Program funding will not be eligible to receive additional NSFLTP Program funds. Applicants should clearly identify the phase and deliverables of the project for which it is seeking NSFLTP Program funding in every application submitted.
Type of Award
If the grant recipient is a State department of transportation (State DOT), which must be sponsored by an eligible FLMA or federally recognized Tribe to be eligible, or if a State DOT will serve as a pass-through entity to another eligible applicant, NSFLTP Program funds will be allocated upon the execution of a project agreement, which is a type of grant agreement for the administration of funds to a State DOT, in Fiscal Management Information System (FMIS).
If the successful applicant is an FLMA, federally recognized Tribe, county, or unit of local government, NSFLTP Program funds will be obligated upon the execution of a grant agreement with FHWA. After selection, the grant recipient will need to determine whether the grant recipient will administer the grant, or at the request of the grant recipient, whether an applicable State DOT will administer the project.
Availability of Funds
Selected projects may be funded with FY 2024, FY 2025, or FY 2026 funds. Per Section § 1123(h)(3) of the FAST Act, the funds provided for this program shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. The deadline for when each fiscal year funding must be obligated is described in the chart below. Once obligated, NSFLTP Program funds are available until expended, subject to the requirements and policies regarding inactive obligations.
-
Fiscal Year
Obligation Deadline
Expenditure Deadline
FY 2024
September 30, 2027
Available until Expended
FY 2025
September 30, 2028
Available until Expended
FY 2026
September 30, 2029
Available until Expended
Obligation of an NSFLTP Program grant occurs when a grant recipient enters into a project agreement or a grant agreement with FHWA and FHWA authorizes the project to proceed. For construction, this is generally after the grant recipient has satisfied applicable administrative requirements.
Period of Performance
If a grant recipient will be a State DOT or if a State DOT will serve as a pass-through entity to a non-State DOT awarded a grant, the DOT Payment System will be “FMIS” and the start of the period of performance will begin on the date the NSFLTP Program funds are obligated in FMIS and end on the project end date in FMIS.
If a grant recipient is an FLMA, federally recognized Tribe, county, or unit of local government, the DOT Payment System will be “DELPHI G-Invoicing” and the start of the period of performance will begin on the date of the grant agreement is fully executed by FHWA and end on the period of performance that is listed in the grant agreement.
Per Section 1123(b)(1) of the FAST Act, entities eligible to receive funds under the Federal Lands Access Program (23 U.S.C. 204), the Federal Lands Transportation Program (23 U.S.C. 203), the Tribal Transportation Program (23 U.S.C. 202), and the Federal Lands Planning Program (23 U.S.C. 201) may apply for funding under the NSFLTP Program.
In addition, per Section 1123(b)(2) of the FAST Act, a State, county, or unit of local government may apply for funding under the NSFLTP Program but only if sponsored by an eligible FLMA or federally recognized Tribe.
The FLMA and Tribes should provide a list of project applications that they are sponsoring from their organization on behalf of States, counties, or units of local government. The list of sponsored projects should provide enough detail so that FHWA can match the projects to those received via Grants.gov.
To promote effective communication and coordination, an FLMA or Tribe should identify one individual within their organization who will serve as the Sponsorship Coordinator. The Sponsorship Coordinator is responsible for providing the list of sponsored projects to the NSFLTP Program contacts listed on page 2 of this NOFO. FHWA will consider projects from States, counties, or units of local governments to be eligible only if a Sponsorship Coordinator has included that project on a list of sponsored projects.
A list of Sponsorship Coordinators can be obtained from the NSFLTP Program contacts listed on page 2 of this NOFO, or at the following Website – https://flh.fhwa.dot.gov/programs/nsfltp/.
The Federal share of the total eligible project cost of projects on a Tribal transportation facility shall be up to 100 percent (FAST Act, Section 1123(g)(1)(B)), meaning that no cost sharing or matching funds are required for Tribal transportation facility projects.2
For projects on all other facilities, the Federal share shall be up to 90 percent (FAST Act, Section 1123(g)(1)(A)) of the total eligible project cost, meaning the recipient must provide at least 10 percent in matching funds.
The non-Federal share can be:
Any other Federal funds (FAST Act, Section 1123(g)(2));
Any private or public source;
Donations of funds, materials, services, right-of-way acquisition, or utility relocation.
To meet the cost share requirement, where applicable, the recipient is encouraged to show on each request for reimbursement that at least 10 percent of the invoiced cost will count towards the match. Alternatively, the matching ratio may vary over the life of a project so long as at the completion of the grant award, the match requirement is met, and NSFLTP Program funds do not exceed the project's maximum 90-percent Federal share. If the recipient will vary (i.e., flex) the matching ratio, it should communicate its plan to do so within the project narrative when describing how the non-Federal share will be funded.
FHWA will not consider previously incurred costs or previously expended or encumbered funds towards the matching requirement for any project. Matching funds are subject to the same Federal requirements described in Section F.2 as awarded Federal funds. The costs of preliminary engineering and project design activities are not eligible for reimbursement under this program, meaning that the costs of such activities may not be applied as a match either.
For each project that receives a grant under this NOFO, FHWA expects the project to be completed using at least the level of non-Federal funding that was specified in the application.
See Section D.2.a.II for information about documenting cost sharing in the application.
Toll credits under 23 U.S.C. 120(i) cannot be used to satisfy the statutory cost sharing requirement of an NSFLTP award.
Other
Continuous Project
Per Section 1123(c) of the FAST Act, projects must be a single continuous project to be eligible. This is an eligibility requirement, and FHWA will only review applications that are single continuous projects. Projects that are not a single continuous project will not be eligible for funding.
Location of Project
Per Section 1123(c)(1) of the FAST Act, eligible projects must be on a Federal land’s transportation facility,3 a Federal Lands access transportation facility,4 or a Tribal transportation facility,5 except that such facility is not required to be included in an inventory described in 23 U.S.C. 202 or 23 U.S.C. 203. This is an eligibility requirement; FHWA will not review applications that are not on such facilities, and such applications will not be eligible for funding.
National Environmental Policy Act Completion
Per Section 1123(c)(2) of the FAST Act, eligible projects must demonstrate the completion of activities required under NEPA (42 U.S.C. 4321, et seq.) through (i) a record of decision (ROD), if the NEPA class of action is an environmental impact statement; (ii) a finding of no significant impact (FONSI), if the NEPA class of action is an environmental assessment; or (iii) a determination that the project is a categorical exclusion (CE) under the lead Federal Agency’s NEPA procedures. This is an eligibility requirement; FHWA will not review applications that do not provide such documentation, and such applications will not be eligible for funding.
Minimum Estimated Eligible Project Cost
Per Section 1123(c)(3) of the FAST Act, eligible projects must have estimated total eligible project costs, based on the results of preliminary engineering, of at least $12,500,000. This is an eligibility requirement; FHWA will not review applications that do not demonstrate that the estimated total eligible project costs, based on the results of preliminary engineering, is at least $12.5 million, and such applications will not be eligible for funding.
Eligible Project Costs
A project receiving NSFLTP Program funds may use the funds only for construction, reconstruction, or rehabilitation of transportation facilities (FAST Act, Section 1123(d)(1)). Project design activities, including preliminary engineering, are not eligible for NSFLTP Program funds or allowable toward match requirements (FAST Act, Section 1123(d)(2)).
Maintenance activities are not construction, reconstruction, or rehabilitation activities and are not eligible project costs. For example, constructing publicly accessible facilities for a transit system, such as a bus shelter for awaiting passengers, would qualify as a construction activity. However, building a maintenance structure for buses as part of a transit facility is a maintenance activity and would therefore be ineligible for funding.
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: [INSERT THE PRISM FUNDING OPPORTUNITY NUMBER]
Opportunity Name: FY 2024-2026 Nationally Significant Federal Lands and Tribal Projects Program
Assistance Listing Number: 20.205
When at one of these Webpages, select the Opportunity, which will open to a page with several tabs. The first tab is a synopsis of the opportunity. Select the Application Package tab to download the forms needed to submit an application.
If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. If potential applicants are unable to download the application package from the internet, they may send a written request for a paper copy to the contacts listed on page 2 of this NOFO.
Content and Form of Application Submission
Application Submittals
All applications must be submitted electronically through Grants.gov.
DOT may share application information within DOT or with other Federal Agencies if the Department determines that sharing is relevant to the respective program’s objectives.
Applicants must include in the application package the following:
Standard Form 424 (Application for Federal Assistance);
Note: Applicants may leave fields 5a, 5b, 6, 7, and 12 blank on the form.
Note: Besides the Standard Form 424, Standard Form 424C, Grants.gov Lobbying Form, and Disclosure of Lobbying Activities form, all other documents must be attached to Standard Form 424 in Item 15 as flat PDF files. This includes the cover page, documentation of completed NEPA activities, and project narrative, which are described in further detail below.
Instructions for adding Item 15 Attachments:
Click on “Add Attachments” in Item 15 to open the first pop-up window. Click “Add Attachment” and a second pop-up File Explorer/Directory window will appear, from which you can choose files to attach. Attachments can be added one at a time or all at once by holding down the CTRL key and selecting multiple files. Select “Open” to 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.
Standard Form 424C (Budget Information for Construction Programs);
Note: The Standard Form 424C should be supported by a budget narrative included as part of the project narrative, as described below in Section D.2.a.II.
Grants.gov Lobbying Form (Certification Regarding Lobbying)
Disclosure of Lobbying Activities form (SF-LLL)
A cover page, including the following chart:
-
Project Name
Total Project Cost
$
NSFLTP Program Grant Request Amount
$
Federal Funding including NSFLTP Program Funds Requested
$
Total non‐Federal Funding
$
Is the project within, adjacent to, or accessing Federal and/or Tribal land?
Yes/No
Documentation of completed NEPA activities (see section C.3.c);
A project narrative – The project narrative should include information required for FHWA to determine that the project satisfies the eligibility requirements described in Section C above for the grant program and to evaluate the selection criteria specified in Section E.1. FHWA recommends that the project narrative follow the outline below. Following the outline will also assist evaluators in locating relevant information.
-
I. Basic Project Information – Description, Location, and Parties
See D.2.a.I
II. Grant Funds, Sources, and Uses of all Project Funding
See D.2.a.II
III. Primary Merit Criteria
See D.2.a.III
IV. Secondary Merit Criteria
See D.2.a.IV
V. Project Readiness
See D.2.a.V
To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by FHWA. FHWA may, but is not required to, request additional information, including additional data, to clarify supporting data and documentation submitted in an application, but FHWA encourages applicants to submit the most relevant and complete information that they can provide. FHWA also encourages applicants, to the extent practicable, to provide data in a form that is publicly available or verifiable.
FHWA recommends that the project narrative be prepared with standard formatting preferences (i.e., a single-spaced document, using a standard 12-point font such as Times New Roman, with 1-inch margins). The project narrative should not exceed 10 pages in length. Appendixes may include documents supporting assertions or conclusions made in the 10-page project narrative and do not count towards the 10-page limit. If possible, Website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each supporting document supports. FHWA recommends using appropriately descriptive final names (e.g., “Project Narrative,” “Maps,” “Memoranda of Understanding and Letters of Support,” etc.) for all attachments.
FHWA recommends applications include the following sections in the project narrative:
Basic Project Information – Project Description, Location, and Parties
Project Description
The applicant should provide a concise description of the project including a discussion of the project’s history, activities the requested NSFLTP Program funds and matching funds will support, and a description of any previously incurred project costs. The applicant may use this section to place the project into a broader context of other infrastructure investments being pursued by the project sponsor.
Project Location
The applicant should provide a concise description of the project’s location, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location (shapefiles will be accepted under 200MB file size).
If the project includes multiple sites, the applicant must demonstrate how the proposed project is a single continuous project for the project to be eligible for funding.
The applicant should include whether the project is located in an urban or rural community. For the purpose of this NOFO, FHWA will consider communities that are within Urbanized Areas (i.e., areas with a population of 50,000 or more) to be urban communities and all other communities to be rural. FHWA will rely on the digital maps and geographic shapefiles for the 2020 Census urban areas depicted on the FHWA HEPGIS maps of MPO and 2020 Census Urban Areas – FHWA HEPGIS Maps (dot.gov) (refer to the “MPO and Air Quality Tab” and then scroll to “MPO and 2020 Census Urban Areas”) which correlates the definitions of “urban”6 and “rural areas”7 under 23 U.S.C. and Bureau of the Census data. A list of 2020 census designated urban areas is available in the Census Bureau’s December 29, 2022, Federal Register notice (87 FR 80114).
Lead Applicant
This section of the project narrative should provide details about the lead applicant. The details should include the lead applicant’s demonstrated experience with the receipt and expenditure of Federal funds. FHWA will consider the degree of experience an applicant has with administering Federal funds as part of the project readiness evaluation. If an application is rated highly under other criteria, but the applicant has no or limited experience with the receipt and expenditure of Federal funds, FHWA may contact the applicant prior to final selection of FY 2024, FY 2025, or FY 2026 awards to discuss technical resources that may be available to assist the applicant in obtaining the capacity and expertise to ensure compliance with all applicable Federal requirements and timely delivery of the project.
Other Public and Private Parties
The applicant should describe in detail all of the other public and private parties who are involved in delivering the project, including a specific description of the role of each entity in delivering the project.
The applicant should state whether or not a private or non-private entity will receive a direct and predictable financial benefit if the project is selected for award. This includes, but is not limited to, private and non-private entities directly benefitting from completion of the proposed project. If this project directly involves or benefits a specific private corporation, a non-public entity, or a public entity, the project narrative should identify all such entities.
Grant Funds, Sources, and Uses of all Project Funding
The applicant should describe the project’s budget in detail and the plans for covering the full cost of the project from all sources, including the Federal share and any applicable matching share.
Project budgets should show how different funding sources will share in each project activity and present the data in dollars and percentages of the total project cost. The budget should identify other Federal funds the applicant is applying for, has been awarded, or intends to use. The project budget should identify all Federal funds to be used for future eligible project costs of the project, including the requested NSFLTP Program grant amount, other Federal grants that have been awarded to the project or for which the project intends to apply for in the future, and any Federal formula funds that have already been programmed for the project or are planned to be programmed for the project. For each category of Federal funds to be used for future eligible project costs, the budget should provide the amount, nature, and source of any required non-Federal match for those funds.
Funding sources should be grouped into three categories: non-Federal, current application NSFLTP Program, and other Federal, with specific amounts for each funding source. The project budget should further include a budget narrative with a breakdown of the costs for each cost classification used on the Standard Form 424C. FHWA will assess the extent to which budget and costs to perform the activities required to execute the NSFLTP Program grant are reasonable, necessary, and allocable based on the provisions of 2 CFR part 200.
For projects on non-Tribal transportation facilities, the budget should clearly demonstrate that the requested NSFLTP Program funds do not exceed 90 percent of eligible project costs. For projects on Tribal transportation facilities, the entire project may be funded with NSFLTP funds with no match or cost sharing required.
If the project contains components, the budget should separate the costs of each project component. If the project will be completed in phases, the budget should separate the costs of each phase. The budget should be detailed enough to demonstrate that the project satisfies the NSFLTP statutory cost-sharing requirements described in Section C.2, if applicable, and those associated with each category of Federal funding.
An application may describe a project that contains more than one component and may describe components that may be carried out by parties other than the applicant. FHWA expects, and will impose requirements on fund recipients to ensure that all components included in an application will be delivered as part of the NSFLTP Program project, regardless of whether a component includes Federal funding. The status of each component should be clearly described (for example, in the project schedule). FHWA may award funds for a component instead of the larger project if that component: (1) independently meets all eligibility requirements described in Section C; (2) independently aligns well with the selection criteria specified in Section E.1; and (3) meets NEPA requirements with respect to independent utility.8 All project components that are presented together in a single application must demonstrate a relationship or connection between them and constitute a single continuous project.
FHWA strongly encourages applicants to identify in their applications the project components that have independent utility and separately detail costs and requested NSFLTP Program grant funding for those components. If the application identifies one or more independent project components, the application should clearly identify how each independent component addresses selection criteria and produces a benefit on its own, in addition to describing how the full proposal, of which the independent component is a part, addresses the selection criteria.
The application should include information showing that the applicant has budgeted sufficient contingency amounts to cover unanticipated construction cost increases. In addition to the information enumerated above, the budget section of the project narrative should provide complete information on how all project funds may be used, fund availability, and funding commitments. For example, if a source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a source of funds is available for expenditure only during a fixed period, the application should describe that restriction. Complete information about project funds will ensure that FHWA’s expectations for award execution align with any funding restrictions unrelated to FHWA, even if an award differs from the applicant’s request .
The budget should clearly identify any expenses expected to be incurred between the applicant being selected for award, and prior to the fully executed grant award and obligation of NSFLTP Program funds because such expenses, except as authorized by FHWA, are not eligible for reimbursement and may not be used toward the match requirements.
Primary Merit Criteria
The applicant should describe how the proposal meets the Primary Merit Criteria listed in Section E.1. FHWA encourages applicants to address all applicable criteria. Insufficient information to assess any criterion will negatively impact the project’s overall rating. Applicants should note that merit reviewers will focus on the project narrative section of the application when reviewing projects against the Primary Merit Criteria and will not be required to reference other sections in the application package; therefore, all relevant information in response to the Primary Merit Criteria should be included in this section of the application. Applicants should describe the criteria in the order in which they are described in the NOFO and address each criterion separately. Guidance describing how FHWA will evaluate projects against the Primary Merit Criteria is provided in Section E.1.a of this NOFO. Applicants should review that section before considering how to organize their application.
Secondary Merit Criteria
For projects on Federal Lands access transportation facilities and Federal Lands transportation facilities, the project narrative should include a section that describes how the application aligns with the Secondary Merit Criteria listed in Section E.2.b. FHWA will not require nor consider these criteria in evaluating proposed projects on Tribal transportation facilities.
For projects on Federal Lands access transportation facilities and Federal Lands transportation facilities, FHWA encourages applicants to address each criterion. Insufficient information to assess any criterion will negatively impact the project’s overall rating. Applicants should note that merit reviewers will focus on the project narrative section of the application when reviewing projects against the Secondary Merit Criteria and will not be required to reference other sections in the application package; therefore, all relevant information in response to the criteria should be included in this section of the application. Applicants should describe the criteria in the order in which they are described in the NOFO and address each criterion separately. Guidance describing how FHWA will evaluate projects against the criteria is provided in Section E.1.b of this NOFO. Applicants should review that section before considering how to organize their application.
Project Readiness
This section of the project narrative should include information that, when considered with the project budget information presented elsewhere in the application, is sufficient for FHWA to evaluate whether the project is reasonably expected to begin construction in a timely manner to meet the obligation deadlines described in Section B.6. To assist FHWA’s project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections. Applicants are not required to follow the specific format described below, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators.
Technical Feasibility
The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the NSFLTP application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk- mitigation measures. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. The applicant must demonstrate compliance with Title VI/Civil Rights requirements, to ensure that no person is excluded from participation, denied benefits, or otherwise subjected to discrimination under any program or activity, on the basis of race, color, national origin, sex, age, or disability.
Project Schedule
The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include State and local planning approvals (programming on the Statewide Transportation Improvement Program); start and completion of NEPA9 and other Federal environmental reviews and approvals, including permitting, design completion, right-of-way acquisition, approval of plans, specifications and estimates (PS&E); procurement; other State and local approvals; project partnership and implementation agreements, including agreements with railroads; and start and completion of construction. The project schedule should be sufficiently detailed to demonstrate that:
All necessary activities will be completed to allow NSFLTP funds to be obligated sufficiently in advance of the statutory deadline described in Section B.6, and that any unexpected delays will not put the funds at risk of expiring before they are obligated.
All real property and right-of-way acquisition will be completed in a timely manner in accordance with Title 49, Code of Federal Regulations (CFR), part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary. A plan for securing any required right-of-way agreements should be included. If applicable, this section should describe a right-of-way acquisition plan that minimally disrupts communities and maintains community cohesion.
Required Approvals
Environmental Permits and Reviews.
The NEPA review must be complete at the time of application submittal, and applications should include documentation that NEPA has been completed. The application should provide in this section of the project narrative information about the NEPA determination of the project, including the date of completion of the NEPA process, and provide a Website link or other reference to the final ROD, FONSI, CE, and any other NEPA documents prepared. If the last Agency action with respect to NEPA documents occurred more than 3 years before the application date, the applicant should describe why the project has been delayed and include a proposed approach for verifying and, if necessary, updating this material in accordance with applicable NEPA reconsideration requirements.
The application should further demonstrate receipt (or reasonably anticipated receipt) of all other environmental approvals and permits, besides NEPA, necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline described in Section B.6, including satisfaction of all Federal, State, Tribal, and local requirements. This section should also provide:
Any information on reviews, approvals, and permits by other Federal, Tribal, and State agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies, indicate the status of such actions, and provide detailed information about the status of those reviews or approvals, demonstrate compliance with any other applicable Federal, State, Tribal, or local requirements, and indicate when such approvals are expected. Applicants should provide a Website link or other reference to copies of any reviews, approvals, and permits prepared.
Environmental studies or other documents – preferably through a Website link – that describe in detail known project impacts and possible mitigation for those impacts.
A description of discussions with the appropriate FHWA field or Headquarters office regarding the project’s compliance with NEPA and other applicable Federal environmental reviews and approvals.
A description of public engagement about the project that has occurred, including details on the degree to which public comments and commitments have been integrated into project development and design.
State, Tribal, and local approvals.
The applicant should demonstrate receipt (or the schedule for anticipated receipt) of additional State, Tribal, and local approvals on which the project depends, such as State, Tribal, and local planning approvals, and State Transportation Improvement Program (STIP) or Transportation Improvement Program (TIP) funding.
Additional support from relevant State, Tribal, and local officials is not required; however, an applicant should demonstrate that the project has broad public support.
Federal Transportation Requirements Affecting State, Tribal and Local Planning.
The planning requirements applicable to the Federal-aid highway program apply to all NSFLTP Program projects.10 Applicants should demonstrate that a project that is required to be included in the relevant State, Tribal, metropolitan, and local planning documents has been or will be included in such documents. If the project is not included in a relevant planning document at the time the application is submitted, the applicant should submit a statement from the appropriate planning agency that actions are underway to include the project in the relevant planning document. Applicants should provide links or other documentation supporting this consideration.
Because projects have different schedules, the construction start date for each grant will be specified in the project-specific agreements signed by FHWA and the grant recipient, will be based on critical path items that applicants identify in the application, and will be consistent with relevant State, Tribal, and local plans.
Assessment of Project Risks and Mitigation Strategies.
Project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local matches, pushback from stakeholders or impacted communities, or lack of legislative approval, affect the likelihood of successful project start and completion. The applicant should identify all material risks to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake to mitigate those risks.11 The applicant should assess the greatest risks to the project and identify how the project parties will mitigate those risks.
Content and Form of Application Submission
The Data Universal Numbering System (DUNS), required for entities doing business with the Federal Government, was replaced by the Unique Entity Identifier (UEI) in the System for Award Management (SAM). Applicants must now use their UEI, issued during the SAM.gov registration process, to do business with DOT.
If your entity was actively registered, then your UEI was automatically assigned and is currently viewable in SAM.gov; there is no action for registered entities to take at this time to obtain your SAM UEI. If you are a new entity or your registration has expired, you must register your entity in SAM.gov and you will be assigned a UEI.
Please see https://www.Grants.gov/web/grants/applicants/applicant-faqs.html#UEI for more information on the transition from DUNS to SAM UEI, including what UEI to enter into the UEI field on Grants.gov and on application package forms.
Each applicant must:
Be registered in SAM.gov before submitting its application;
Provide a valid UEI in its application; and
Continue to maintain an active SAM.gov registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding Agency.
FHWA may not award a grant to an applicant until the applicant has complied with all applicable UEI and SAM requirements. If an applicant has not fully complied with the requirements by the time FHWA is ready to make a grant, FHWA may determine that the applicant is not qualified to receive a grant and use that determination as a basis for making a grant to another applicant.
NOTE TO APPLICANTS: SAM.gov requires the registrant to provide a valid UEI number to complete the registration. These processes can take several weeks to complete so should be started well before the applicable application deadline.
Submission Dates and Times
This NOFO announces three application periods, and the application start, and close dates are described in the table below:
Application Period |
Application Period Start (Grants.gov “Apply” function opens) |
Application Period Closes |
2024 |
TBD |
August 1, 2024 |
2025 |
May 1, 2025 |
August 1, 2025 |
2026 |
May 1, 2026 |
August 1, 2026 |
Intergovernmental Review
An application under this NOFO is not subject to the State review under E.O. 12372.
Funding Restrictions
Developmental phase activities including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering, design, and other preconstruction activities are not eligible for funding under the NSFLTP Program.
Unless authorized by FHWA in writing after FHWA’s announcement of FY 2024 NSFLTP Program awards, any costs incurred prior to FHWA’s obligation of funds for a project (“pre-award costs”) are ineligible for reimbursement and are ineligible match for cost share requirements.
Grant funds may not be used to support or oppose union organizing, whether directly or as an offset for other funds.
Other Submission Requirements
Scalable Project Options
Applicants are encouraged to identify scaled funding options in case insufficient funding is available to fund a project at the full requested amount. If an applicant advises that a project is scalable, the applicant must provide an appropriate minimum funding amount that will fund an eligible project that achieves the objectives of the program and meets all relevant program requirements. The applicant must provide a clear explanation of how the project budget would be affected by a reduced award. FHWA may award a lesser amount whether or not a scalable option is provided.
Submission Location
Applications must be submitted to Grants.gov.
File Types and Size
Applicants should submit documents in .docx or .pdf format.
For the submitted application package, FHWA suggests that pictures, graphics, and other large files be reduced in number and quality to keep the size of the files of the application manageable and in line with the Grants.gov maximum size of 200 megabytes for the entire grant application package.
Consideration of Applications
Only eligible applicants who comply with all submission deadlines described in this NOFO and electronically submit valid applications through Grants.gov will be considered for award. Applicants are strongly encouraged to make submission in advance of the deadline.
Late Applications
Applications received after the deadline will not be considered.
Compliance with Section 508 of the Rehabilitation Act of 1973
FHWA encourages applicants to submit documents that are compliant with Section 508 of the Rehabilitation Act of 1973. Section 508 guidelines are available at https://www.access-board.gov/ict/.
1. Criteria
FHWA will award NSFLTP Program funds based on an evaluation of the merit criteria, and project readiness as described in this Section E.1 and the Review and Selection Process described in Section E.2.
Primary Merit Criteria
When selecting projects for funding under the NSFLTP Program, FHWA will consider the following nine Primary Merit Criteria. These criteria are statutorily required to be evaluated against all projects in accordance with § 1123(f) of the FAST Act:
Primary Merit Criterion 1: DOT Goals.
FHWA will assess the extent to which the project furthers the goals of DOT, including safety, state of good repair, economic competitiveness, and quality of life.
FHWA will consider:
The project’s safety improvements compared to a baseline in which the project is not done;
Technical data provided about existing facilities in poor repair or, where the project is new construction, the extent to which the existing conditions demonstrate a need for new transportation facilities;
The project’s economic benefits – such as travel time savings, vehicle operating cost savings, and emissions reductions – compared to a baseline in which the project is not done; and
How the project is expected to improve the quality of life for a local community and the traveling public, providing data and analysis where relevant and feasible, such as estimates of trips and vehicle miles traveled.
Rating:
Highly Responsive: The project will make a profound and positive impact on furthering DOT’s goals, including safety. The application addresses at least three elements described above.
Responsive: The project will make a generally positive impact on furthering the DOT’s goals, including safety. The application addresses at least two elements described above.
Not Responsive: The project will not further the DOT’s goals. The application does not address any of the elements described above.
Primary Merit Criterion 2: Improvement of Condition of Critical Transportation Facilities.
FHWA will consider the extent to which the project improves the condition of critical transportation facilities, including multimodal facilities.
FHWA will evaluate this criterion by considering the extent to which the project improves the condition of a transportation facility, whether the facility is multimodal, and the critical nature of the facility. Examples may include but are not limited to a bridge in poor condition that may be subject to closure in the absence of funds; or a primary transportation facility that provides access to critical community services, high use recreation destination areas, or other economic generators within Tribal and/or Federal Lands.
Rating:
Highly Responsive: The project will create or improve critical multimodal transportation facilities.
Responsive: The project will create or improve critical transportation facilities; however, the project will not be multimodal.
Not Responsive: The project would not adequately promote the outcomes described for the criterion under consideration.
Primary Merit Criterion 3: Need for Project.
FHWA will consider the extent to which the project needs construction, reconstruction, or rehabilitation.
FHWA will consider data provided by the applicant documenting any physical or operational deficiencies of the existing facility that would warrant construction, reconstruction, or rehabilitation, and how the proposed project will address those deficiencies.
Rating:
Highly Responsive: The facility is in a deficient condition that prevents its effective usage by all road users who could appropriate use it or needs to be created to improve connection and multimodal connectivity.
Responsive: The facility needs improvements or repair but is not in danger of failure, or new construction would benefit the facility and provide connection or multimodal connectivity when there are other connections are available.
Not Responsive: There is no apparent or pressing need for construction, reconstruction, or rehabilitation.
Primary Merit Criterion 4: Matched Costs.
FHWA will consider the extent to which the project has costs matched by funds that are not provided under the NSFLTP Program, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches.
Rating:
Highly Responsive: Non-NSFLTP Program funding will account for 50 percent or more of total eligible project costs.
Responsive: Non-NSFLTP Program funding will account for more than the minimum of non-NSFLTP Program funding required for the type of project12 but less than 50 percent of total eligible project costs.
Not Responsive: The project meets the minimum in non-NSFLTP Program funding required under Section C.2.
Primary Merit Criterion 5: National Register of Historic Places.
FHWA will consider the extent to which the project is included in or eligible for inclusion in the National Register of Historic Places.
Rating:
Yes: The project is included in or eligible for inclusion in the National Register of Historic Places.
No: The project is not included in or eligible for inclusion in the National Register of Historic Places.
Primary Merit Criterion 6: New Technologies and Innovations.
FHWA will consider the extent to which the project uses new technologies and innovations that enhance the efficiency of the project.
In assessing this criterion, FHWA will assess the extent to which the applicant uses innovative strategies promoted by FHWA, especially those promoted by FHWA’s Every Day Counts initiative.
For more information on the Every Day Counts initiative, see: https://highways.dot.gov/federal-lands/programs-tribal/partners-resources/every-day-counts.
Applicants should clearly indicate which technologies or innovations they are using in their proposed project and how those technologies or innovations will enhance the efficiency of the proposed project.
Rating:
Highly Responsive: The project will effectively employ at least one new technology or innovation currently promoted by FHWA’s Every Day Counts initiative.
Responsive: The project will employ at least one new technology or innovation not currently promoted by FHWA that could enhance the efficiency of the project.
Not Responsive: The project would not adequately promote the outcomes described for the criterion under consideration.
Primary Merit Criterion 7: Support to Construct, Maintain, and Operate the Facility.
FHWA will consider the extent to which the project is supported by funds, other than funds received under the NSFLTP Program, to construct, maintain, and operate the facility.
FHWA will consider what other funds exist, besides those available for match, to aid in maintenance and operation of the facility, as well as the reasonable expectation that those funds will remain available. Historical trends, current policy, or future feasibility analyses can be used as evidence to substantiate or support the claims in the application.
Rating:
Highly Responsive: The facility to be improved has a secure source of funding to aid in the long-term maintenance and operation of the facility.
Responsive: The facility to be improved has a source of funding to aid in the future maintenance and operation of the facility, with reasonable expectation that those funds will remain available.
Not Responsive: A source of funding has not been identified to support operation and maintenance of the facility.
Primary Merit Criterion 8: Spans Two or More States.
FHWA will consider the extent to which the project spans two or more States.
Rating:
Yes: The project spans two or more States.
No: The project is within one State.
Primary Merit Criterion 9: Serves Land Owned by Multiple Federal Agencies or Indian Tribes.
FHWA will consider the extent to which the project serves land owned by multiple Federal Agencies or Indian Tribes.
Rating:
Yes: The project serves land owned by multiple Federal Agencies or Indian Tribes.
No: The project serves land owned by one Federal Agency or Indian Tribe.
FHWA will assign an overall rating for the Primary Merit Criteria Category on the following basis:
High – Projects with four or more primary merit criteria rated as “Highly Responsive” or “Yes” when applicable.
Medium – Projects with between one and three primary merit criteria rated as “Highly Responsive” or “Yes” when applicable, or projects with “Responsive” with 5 or more of the primary Merit Criteria.
Low – The project has no primary merit criteria rated as “Highly Responsive” and less than 5 of the primary merit criteria rated as “Responsive” or “Yes” when applicable.
Secondary Merit Criteria
After evaluating applications based on the above nine Primary Merit Criteria, FHWA will evaluate applications based on the below Secondary Merit Criteria. As noted previously, FHWA will not require nor consider the below four Secondary Merit Criteria when reviewing applications for projects on Tribal transportation facilities. FHWA will consider all four Secondary Merit Criteria below for projects on Federal Lands transportation facilities and Federal Lands access transportation facilities.
Secondary Merit Criteria 1: Equity.
For projects located on a Federal Lands transportation facility or Federal Lands access transportation facility, applications will be rated higher on this criterion if they can clearly demonstrate that:
The project will create positive outcomes that will reduce, mitigate, or reverse how a community is experiencing disadvantage through increasing affordable transportation options, improving health or safety, reducing pollution, connecting Americans to good-paying jobs, fighting climate change, and/or improving access to nature, resources, transportation or mobility, and quality of life. Applicants are strongly encouraged to use the USDOT Equitable Transportation Community (ETC) Explorer13 (arcgis.com) to understand how their project area is experiencing a disadvantage in any of five areas that transportation projects with a direct relationship.
The applicant identifies and implements programs and policies that ensure the benefits of investments while mitigating the economic displacement of economically susceptible residents and businesses, and engages the public, including disadvantaged communities, during all phases of the project, including planning, design, construction, and implementation.14 Some examples of activities that can demonstrate such programs and policies include the preservation and/or production of affordable housing; expanding affordable, safe transportation and mobility options to areas where good jobs are concentrated; and supporting entrepreneurship, small business growth, tourism, and access to capital through local hiring.
FHWA will NOT require nor consider this criterion when reviewing applications for projects on Tribal transportation facilities.
Rating:
Highly Responsive: The project both (1) creates a positive outcome that will reduce, mitigate, or reverse how a community is experiencing disadvantage through increasing affordable transportation options, improving health or safety, reducing pollution, connecting Americans to good-paying jobs, fighting climate change, and/or improving access to nature, resources, transportation or mobility, and quality of life; and (2) the applicant implements programs and policies that ensure the benefits of investments while mitigating economic displacement economically susceptible residents and businesses.
Responsive: The project will create a positive outcome that will reduce, mitigate, or reverse how a community is experiencing disadvantage through increasing affordable transportation options, improving health or safety, reducing pollution, connecting Americans to good-paying jobs, fighting climate change, and/or improving access to nature, resources, transportation or mobility, and quality of life.
Not Responsive: The project does not address equity.
Secondary Merit Criterion 2: The Justice40 Initiative.
Projects will be rated higher on this criterion if the applicant can clearly demonstrate that the project supports the goals of the Justice40 Initiative, https://www.transportation.gov/equity-Justice40, which sets a goal of 40 percent of the benefits of certain Federal investments flowing to disadvantaged communities (also known as Justice 40 communities).
In support of E.O. 14008, applicants are encouraged to use the White House definition of Historically Disadvantaged Communities as part of DOT’s implementation of the Justice40 Initiative to demonstrate that the project supports the goals of the Justice40 Initiative. Consistent with the Interim Implementation Guidance and its Addendum for the Justice40 Initiative, Historically Disadvantaged Communities include: (a) certain qualifying census tracts identified as disadvantaged by the Climate and Economic Justice Screening Tool15 (CEJST) due to categories of environmental, climate, and socioeconomic burdens; and (b) any federally recognized Tribes or Tribal entities, whether or not they have land.16 Applicants should use CEJST as the primary tool to identify disadvantaged communities.
Applicants are strongly encouraged to also use the USDOT Equitable Transportation Community (ETC) Explorer to understand how their community or project area is experiencing disadvantage related to lack of transportation investments or opportunities and are encouraged to use this information in their application to demonstrate how their project will reduce, reverse, or mitigate the burdens of disadvantage.
FHWA is not requiring Tribal applicants to provide information for projects on Tribal transportation facilities for this criterion.
Rating:
Yes: The applicant demonstrates that the project supports the goals of the Justice40 initiative.
No: The applicant fails to demonstrate the project is in support of the goals of the Justice40 initiative.
Secondary Merit Criterion 3: Climate Change and Sustainability.
For projects located on a Federal Lands transportation facility or Federal Lands access transportation facility, FHWA will assess the extent to which the project reduces greenhouse gas (GHG) emissions and improves climate resilience. Applicants are encouraged to use the DOT Navigator Climate checklist17 in responding to this criterion.
FHWA will NOT require nor consider this criterion when reviewing applications for projects on Tribal transportation facilities.
Applications that are rated highly on this criterion will be those that use data-driven and evidence-based methods to demonstrate that the project will:
Significantly reduce GHG emissions in the transportation sector; and
Incorporate evidence-based climate resilience measures or features and advance objectives in the National Climate Resilience Framework18.
Applicants can demonstrate that the project significantly reduces GHG emissions in the transportation sector if they can demonstrate:
They are making progress towards transportation GHG reduction targets, including those set under the FHWA Transportation Performance Management Program19;
The project would significantly reduce transportation GHG emissions, as shown through analysis with USDOT tools20 or similar;
The project is part of a State Carbon Reduction Strategy, State Electric Vehicle Infrastructure Deployment Plan, or other State, local, or Tribal GHG reduction plan;
The project aligns with the U.S. National Blueprint for Transportation Decarbonization21; or
The applicant has a plan to monitor the impact of the project on GHG emissions.
Applicants can demonstrate that the project incorporates evidence-based climate resilience measures or features if they can demonstrate the project:
Uses best-available climate data sets, information resources, and decision-support tools (including DOT and other Federal resources) to assess the climate-related vulnerability and risk of the project;
Develops and deploys solutions that reduce climate change risks;
Incorporates nature-based solutions/natural infrastructure, including use of native plants, and, as applicable, avoids fragmenting lands with high conservation value, avoids barriers to fish and wildlife migration, and incorporates mitigation measures to address unavoidable impacts;
Is included in a Resilience Improvement Plan or similar plan;
Benefits communities most vulnerable to climate change impacts, such as (Federal Emergency Management Agency) designated Community Disaster Resilience Zones22;
Follows the Federal Flood Risk Management Standard, consistent with current law; or
Includes plans to monitor performance of climate resilience and adaptation measures.
Rating:
Highly Responsive: The project focuses on reducing GHG emissions AND incorporates evidence-based climate resilience measures or features.
Responsive: The project focuses on reducing GHG emissions OR incorporates evidence-based climate resilience measures or features, but not both.
Not Responsive: The project does not address climate change; or does not focus on reducing GHG emissions and does not incorporate evidence-based climate resilience measures or features.
Secondary Merit Criterion 4: Workforce Development, Job Quality, and Wealth Creation.
For projects located on a Federal Lands transportation facility or Federal Lands access transportation facility, FHWA will evaluate the extent to which the project will 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, consistent with E.O. 14025, Worker Organizing and Empowerment and E.O. 14052, Implementation of the Infrastructure Investment and Jobs Act.
FHWA will NOT require nor consider this criterion when reviewing applications for projects located on Tribal transportation facilities.
For projects located on a Federal Lands transportation facility or Federal Lands access transportation facility, applicants should demonstrate one or more of the below elements:
The project creates good-paying, safe jobs with free and fair choice to join a union, including through the use of a project labor agreement;
The project promotes investments in high-quality workforce development programs with supportive services to help train, place, and retain people in good-paying jobs or registered apprenticeships. These programs should have a focus on women, people of color, and others that are underrepresented in infrastructure jobs (people with disabilities, people with convictions, etc.);
The project promotes local inclusive economic development and entrepreneurship, such as the utilization of Disadvantaged Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms;
The project applicant provides supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees, and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups such as mentoring, support groups, and peer networking; and,
The project applicant leverages formula and/or discretionary funds, outside of the NSFLTP Program, to support workforce development.
Rating:
Yes: The application addresses at least one element described above.
No: The application does not address the elements described above.
Following review of the secondary merit criteria for projects on Federal Lands transportation facilities and Federal Lands access transportation facilities, FHWA will provide an overall rating for the Secondary Merit Criteria as indicated below:
Secondary Merit Criteria Rating |
1 |
2 |
3 |
Criteria 1: Equity |
Not Responsive |
Responsive |
Highly Responsive |
Criterion 2: The Justice40 initiative. |
No |
|
Yes |
Criterion 3: Climate Change and Sustainability. |
No Alignment |
Alignment |
Strong Alignment |
Criterion 4: Workforce Development, Job Quality, and Wealth Creation. |
No |
|
Yes |
Rating |
Description |
High |
All 3’s |
Medium-High |
Any 3’s |
Medium |
Any 2’s AND no 3’s |
Low |
All 1’s |
Project Readiness
FHWA will consider project readiness to assess the likelihood of a successful project. In that analysis, FHWA will consider three evaluation ratings: Environmental Risk, Technical Capacity, and Financial Capacity. The application should contain a section that explicitly addresses Environmental Risk (see Section D.2.a.V.3), but the Technical Capacity and Financial Capacity assessments will be based on information contained throughout the application.
The Environmental Risk assessment analyzes the project’s environmental approvals and likelihood of the necessary approval affecting project obligation.
The Technical Capacity assessment will review the applicant’s capacity to successfully deliver the project in compliance with applicable Federal, State, Tribal, and local requirements based on factors including, but not limited to, the recipient’s experience working with Federal Agencies, previous experience with DOT discretionary grant awards, and the technical experience and resources dedicated to the project. Technical capacity will also consider the project schedule with an emphasis on the completion of PS&E and projected timeframe to advertise the construction phase of the project.
The Financial Capacity assessment will review the availability of matching funds and whether the applicant presented a complete funding package. Risks do not disqualify projects from award, but competitive applications clearly and directly describe achievable risk mitigation strategies. A project with mitigated risks or with a risk mitigation plan is more competitive than a comparable project with unaddressed risks. All applicants should describe a plan to address potential cost overruns and how those costs will be funded.
The Project Readiness Ratings described above will be translated to a High, Medium-High, Medium, or Low rating, using the table below:
Rating |
1 |
2 |
3 |
Technical Assessment |
Uncertain: The team is not confident in the applicant’s capacity to deliver this project in a manner that satisfies Federal requirements |
Somewhat Certain/Unknown: The team is moderately confident in the applicant’s capacity to deliver the project in a manner that satisfies Federal requirements |
Certain: The team is confident in the applicant’s capacity to deliver the project in a manner that satisfies Federal requirements |
Financial Completeness |
Incomplete Funding: The project lacks full funding, or one or more Federal or non-Federal match sources are still uncertain as to whether they will be secured in time to meet the project’s construction schedule. |
Partially Complete/Appear Stable and Highly Likely to be Available: Project funding is not fully committed but appears highly likely to be secured in time to meet the project’s construction schedule. |
Complete, Stable and Committed: The Project’s Federal and non-Federal sources are fully committed and there is demonstrated funding available to cover contingency/cost increases. |
Environmental Review and Permitting Risk |
High Risk: There are known environmental, or litigation concerns associated with the project. |
Moderate Risk: The project has not secured necessary Federal permits, and it is uncertain whether they will be able to secure necessary Federal permits in the time necessary to meet their project schedule. |
Low Risk: The Project has completed, or it is highly likely that they will be able to complete other environmental reviews in the time necessary to meet their project schedule. |
Rating |
Description |
High |
All 3’s |
Medium-High |
Two 3’s, one 2 |
Medium |
One 3, two 2’s or all 2’s |
Low |
Any 1’s |
Overall Application Rating
Overall Application Rating for Projects on Federal Lands Access Transportation Facilities or Federal Lands Transportation Facilities:
FHWA will assign each eligible
application on a Federal Lands access transportation facility or a
Federal Lands transportation facility an overall rating of Highly
Recommended, Recommended, or Not Recommended. The rating for
such projects will be assigned by FHWA on the following basis:
Highly Recommended projects are those that receive: (1) a High in the Primary Merit Criteria category; (2) a High or Medium-High in the Secondary Merit Criteria Category; and (3) a High or Medium-High in the Project Readiness Rating.
Recommended projects are those that are not rated as Highly Recommended or Not Recommended. This may include projects that receive: (1) a Medium in the Primary Merit Criteria category; (2) a High, Medium-High, or Medium in the Secondary Merit Criteria Category; and (3) a High, Medium-High, or Medium in the Project Readiness Rating. This may also include projects that receive: (1) a High in the Primary Merit Criteria Category; and (2) a Medium in either or both the Secondary Merit Criteria Category or Project Readiness, so long as there are no Lows in any category.
Not Recommended projects are those that receive a low in any category.
A model of how the ratings for each category result in an overall project rating for projects on Federal Lands access transportation facilities or Federal Lands transportation facilities is shown below:
Rating |
Not Recommended |
Recommended |
Highly Recommended |
Primary Merit Criteria |
Low |
Medium |
High |
Secondary Merit Criteria |
High Medium-High Medium |
High Medium-High |
|
Project Readiness |
High Medium-High Medium |
High Medium-High |
Overall Application Ratings for Projects on Tribal Transportation Facilities
FHWA will assign each eligible application on a Tribal transportation facility an overall rating of Highly Recommended, Recommended, or Not Recommended. The rating for such projects will be assigned by FHWA on the following basis:
Highly Recommended projects are those that receive: (1) a High in the Primary Merit Criteria category; and (2) a High or Medium-High in the Project Readiness Rating.
Recommended projects are those that receive (1) a Medium in the Primary Merit Criteria category; and (2) a Project readiness rating that is not Low. Recommended projects are also those that receive (1) a High in the Primary Merit Criteria category; and (2) a Project Readiness Rating of Medium.
Not Recommended projects are those that receive a low in any category.
A model of how the ratings for each
category result in an overall project rating for projects on Tribal
transportation facilities is shown below:
Rating |
Not Recommended |
Recommended |
Highly Recommended |
Primary Merit Criteria |
Low |
Medium |
High |
Project Readiness |
High Medium-High Medium |
High Medium-High |
2. Review and Selection Process
FHWA will conduct an application intake and eligibility review by providing an initial eligibility screening based on the criteria in Section C. Only eligible projects will be evaluated against the Primary Merit Criteria, Secondary Merit Criteria, and Project Readiness in Section E.1. The NSFLTP Program application evaluation and selection process consists of: (1) a Technical Review, (2) an FHWA Senior Review, and (3) Project Selections.
Technical Review
The evaluation of eligible applications will be conducted by a Technical Review Team who may consist of individuals from FHWA Headquarters and division offices. The Technical Review Team will evaluate each eligible application against the Primary Merit Criteria, Secondary Merit Criteria, and Project Readiness in Section E.1 and assign an overall application rating as described under Section E.1.d. Based on the outcome of these reviews, the Technical Review Team will assign an overall rating of Highly Recommended, Recommended, or Not Recommended to each application.
FHWA Senior Review Team (SRT)
The Technical Review Team will send to the FHWA SRT the overall application rating for each eligible NSFLTP Program application.
The composition of the FHWA SRT is senior leadership who have been requested to serve by the FHWA Administrator. The SRT, which may include the FHWA Administrator’s participation in the SRT review process, advises the FHWA Administrator which projects the FHWA Administrator should select for funding, taking into account the statutory requirement that half of the NSFLTP Program funding goes to projects on Tribal transportation facilities and that half goes to projects on Federal Lands transportation facilities and Federal Lands transportation facilities, as well as the statutory requirement that at least one eligible project shall be in a unit of the U.S. National Park Service with at least 3 million annual visitors.
The FHWA SRT may also recommend for selection an NSFLTP Program that is rated Recommended over a Highly Recommended project. When recommending a project that is Recommended over a Highly Recommended project, the FHWA SRT will select Recommended projects by considering how well the project addressed the Merit Criteria and the number of criteria rated Highly Responsive.
When recommending applications to the FHWA Administrator, the FHWA SRT may consider geographic diversity including, as applicable, the need for a balance between the needs of rural and urban communities.
Project Selections
The FHWA Administrator makes final project selections and will select among the projects advanced by the FHWA SRT. The review process gives the Administrator the discretion to determine which applications best address the program requirements, advance the Administration’s Priorities and Departmental Strategic Plan Goals, and should be selected. When selecting projects, the Administrator may also consider geographic diversity, including the need for a balance between the needs of rural and urban communities, and selecting projects that ensure the effective use of Federal funding.
FHWA is not obligated to make any award as a result of this NOFO.
Additional Information
Award Amount Discussion
FHWA may, during the selection process, discuss with an applicant the feasibility of potentially being awarded a lesser amount than originally requested in the application due to the quantity, size, and scope of the applications received in response to this NOFO and the results of the application review process. Discussions do not obligate FHWA to make an award.
Budget Review
Prior to award, FHWA will conduct a budget review of each selected applicant to ensure the proposed costs are allowable and reasonable. The approved budget will be included in the resulting grant agreement. FHWA reserves the right to request additional information/documentation to inform the budget review. 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).
Risk Assessment
Prior to award, FHWA will conduct a risk evaluation of each selected applicant in accordance with 2 CFR 200.206. The risk evaluation will consider several factors, as outlined in 2 CFR 200.206. In addition, FHWA must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM.gov, currently the Federal Awardee Performance and Integrity Information System (FAPIIS). An applicant may review information in FAPIIS and comment on any information about itself that a Federal awarding Agency previously entered. FHWA will consider comments by the applicant in addition to the other information in FAPIIS, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants.
FHWA reserves the right to request additional information and documentation to inform the risk evaluation and may deny an award based on the results of the risk assessment.
Federal Award Notices
Following the evaluation outlined in Section E, the FHWA Administrator will announce awarded projects by posting a list of selected projects at https://flh.fhwa.dot.gov/programs/nsfltp/.
Notice of selection is not authorization to begin performance or to incur costs for the proposed project. Following the announcement, FHWA will contact the point of contact listed in form SF-424 to initiate negotiation of a project-specific agreement. If the negotiations do not result in an acceptable submittal, FHWA reserves the right to terminate the negotiation and decline to fund the project.
Recipients of NSFLTP Program grant awards will not generally receive lump-sum cash disbursements at the time of award announcement or obligation of funds. Instead, FHWA will reimburse NSFLTP Program grant funds to recipients only after a project agreement has been executed, allowable expenses are incurred, and valid requests for reimbursement are submitted.
Unless authorized by FHWA in writing after FHWA’s announcement of awards, any costs that a recipient incurs before FHWA executes a grant agreement for that recipient’s project are ineligible for reimbursement and are ineligible match for cost share requirements.
Administrative and National Policy Requirements
All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR Part 200, as adopted by DOT at 2 CFR Part 1201. In addition, applicable Federal laws, rules, and regulations of FHWA will apply to the projects that receive NSFLTP Program funds, including planning requirements, agreements, Buy America compliance, and other grant program requirements.
In connection with any program or activity conducted with or benefitting from funds awarded under this NOFO, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of DOT and FHWA; and applicable Federal financial assistance and contracting principles promulgated by OMB. In complying with these requirements, recipients must ensure that no concession agreements are denied, or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If FHWA determines that a recipient has failed to comply with applicable Federal requirements, FHWA may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.
The E.O. 14005 directs the Executive Branch Departments and Agencies to maximize the use of goods, products, and materials produced in, and services offered in, the United States through the terms and conditions of Federal financial assistance awards. If selected for an award, grant recipients must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project. Any grant projects involving vehicle acquisition must involve only vehicles that comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carriers Safety Regulations (FMCSR), or vehicles that are exempt from FMVSS or FMCSR in a manner that allows for the legal acquisition and deployment of the vehicle or vehicles.
The online clauses entitled “General Terms and Conditions for Assistance Award” apply to direct awards to FLMAs and Tribes, and are available in full text online at: https://www.fhwa.dot.gov/cfo/contractor_recip/gtandc_generaltermsconditions.cfm
Critical Infrastructure Security, Cybersecurity and Resilience
It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against all hazards, including physical and cyber risks, consistent with Presidential Policy Directive 21 - Critical Infrastructure Security and Resilience, and the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.23 Each applicant selected for NSFLTP funding must demonstrate, prior to the signing of the grant agreement, an effort to consider and address physical and cyber security risks relevant to the transportation mode, type, and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by DOT and the U.S. Department of Homeland Security, will be required to do so before receiving funds.
Domestic Preference Requirements
As expressed in E.O. 14005, Ensuring the Future Is Made in All of America by All of America’s Workers (86 FR 7475), it is the policy of the executive branch to maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States. Funds made available under this NOFO are subject to FHWA’s Buy America requirements (23 U.S.C. 313), and domestic preference requirements under the Build America, Buy America Act (Pub. L. No 117- 58, div. G 70901–70927), or Buy American requirements (41 U.S.C. 8301 et seq.), as applicable. DOT expects all applicants to comply with those requirements.
Civil Rights and Title VI:
As a condition of a grant award, grant recipient should demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR part 21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act, all other civil rights requirements, and accompanying regulations. This should include a current Title VI Plan, completed Community Participation Plan, and a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards. DOT’s and FHWA’s Office of Civil Rights may work with awarded grant recipients to ensure full compliance with Federal civil rights requirements.
Federal Contract Compliance
As a condition of the grant award and consistent with E.O. 11246, Equal Employment Opportunity (30 FR 12319, and as amended), all federally assisted contractors are required to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women, in addition to goals that vary based on geography for construction work hours and for work being performed by people of color. Under Section 503 of the Rehabilitation Act and its implementing regulations, affirmative action obligations for certain contractors include an aspirational employment goal of 7 percent workers with disabilities.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing E.O. 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. The OFCCP has a Mega Construction Project Program through which it engages with project sponsors as early as the design phase to help promote compliance with non-discrimination and affirmative action obligations. The OFCCP will identify projects that receive an award under this NOFO and are required to participate in OFCCP’s Mega Construction Project Program from a wide range of federally-assisted projects over which OFCCP has jurisdiction and that have a project cost above $35 million. DOT will require project sponsors with costs above $35 million that receive awards under this funding opportunity to partner with OFCCP, if selected by OFCCP, as a condition of their DOT award.
Recipients are encouraged to post project signage and to include public acknowledgements in published and other collateral materials (e.g., press releases, marketing materials, Websites, etc.) satisfactory in form and substance to DOT, that identifies the nature of the project and indicates that “the project is funded by the Bipartisan Infrastructure Law.”
In addition, recipients employing project signage are required to use the official Investing in America emblem in accordance with the Official Investing in America Emblem Style Guide. Costs associated with signage and public acknowledgments must be reasonable and limited. Signs or public acknowledgments should not be produced, displayed, or published if doing so results in unreasonable cost, expense, or recipient burden. The Recipient is encouraged to use recycled or recovered materials when procuring signs.
Reporting
Progress Reporting on Grant Activities
For projects delivered by FLMAs, award recipients must submit quarterly performance progress reports and Federal Financial Reports (SF-425). For projects delivered by all applicants besides FLMAs, award recipients must submit semi-annual performance progress reports and Federal Financial Reports (SF-425).
Performance and Program Evaluation
As a condition of grant award, NSFLTP Program grant recipients may be required to participate in an evaluation undertaken by FHWA or another Agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. FHWA may require applicants to collect data elements to aid the evaluation and/or use information available through other reporting. As a part of the evaluation, as a condition of the award, grant recipients must agree to: (1) make records available to the evaluation contractor or FHWA staff; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; (4) access to right-of-way to contractor or FHWA staff for long-term data and observation collection; and (5) follow evaluation procedures as specified by the evaluation contractor or FHWA staff.
Recipients and subrecipients are also encouraged to incorporate program evaluations, including associated data collection activities, from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an Agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges Federal awarding Agencies and Federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, improve equitable delivery, and elevate program service and delivery across the program lifecycle.
Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” 5 U.S.C. § 311. Credible program evaluation activities are implemented with relevance and utility, rigor, independent and objectivity, transparency, and ethics (OMB Circular A-11, Part 6, Section 290).
For NSFLTP Program grant recipients, evaluation expenses are allowable costs (either as direct or indirect costs), unless prohibited by statute or regulation, and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation. (2 CFR Part 200).
Project Specific Reporting Requirements
Each applicant selected for NSFLTP Program grant funding must collect and report to FHWA information on the project’s performance based on performance indicators FHWA identifies related to program goals and other information as requested by FHWA. Performance indicators should include measurable goals or targets that FHWA will use internally to determine whether the project meets program goals, and grant funds achieve the intended long-term outcomes of the NSFLTP Program. FHWA will work with the grant recipients to establish a recommended two to four performance measures that enable FHWA to measure and evaluate the outcomes of the individual grant. Performance reporting continues for several years after project construction is completed.
Reporting of Matters Related to Recipient Integrity and Performance
If the total value of a selected recipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding Agencies exceeds $10 million for any period of time during the period of performance of this Federal award, the applicant during that period of time must maintain the currency of information reported to the SAM that is made available in the designated integrity and performance system (currently FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
Other
FHWA reserves the right to request additional information, if deemed needed, to better understand the status of the project. The successful applicant will provide additional financial reporting beyond the semi-annual reporting if such statements are necessary to address FHWA’s Stewardship and Oversight responsibility of the funds. The successful applicant also agrees to allow periodic project inspections and FHWA will provide notice for such inspections.
For questions concerning this NOFO and the NSFLTP, please contact the POC listed on page 3 of this NOFO.
Protection of Confidential Business Information
All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methods that are accepted by industry practice and standards, to the extent possible. If the application includes information the applicant considers to be a trade secret or confidential commercial or financial information, the applicant should do the following: (1) note on the front cover that the submission “Contains Confidential Business Information (CBI)”; (2) mark each affected page “CBI”; (3) highlight or otherwise denote the CBI portions; and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. FHWA protects such information from disclosure to the extent allowed under applicable law. In the event FHWA receives a Freedom of Information Act (FOIA) request for information that the applicant has marked in accordance with this section, FHWA will follow DOT procedures described in its FOIA regulations at 49 CFR 7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under 49 CFR 7.29 will be exempt from disclosure under FOIA.
Publication of Application Information
Following the completion of the selection process and announcement of awards, FHWA may publish a list of all applications received along with the names of the applicant organizations and funding amounts requested. Except for the information properly marked as described in Section H.1, FHWA may make application narratives publicly available.
Feedback on Applications
Debriefs by FHWA are available to applicants not selected for award to receive information about the evaluation of their application.
Nationally Significant Federal Lands
and Tribal Projects Program
(NSFLTP)
Questions and Answers (Q&A)
Section
1123 of the Fixing America’s Surface Transportation (FAST) Act
(Pub. L. 114-94) established the Nationally Significant Federal Lands
and Tribal Projects (NSFLTP) Program to provide funding for major
projects accessing Federal and Tribal Lands.
These frequently ask Q&As provide supplementary guidance for preparing applications under the NSFLTP Program and reflect the changes from the Infrastructure Investment and Jobs Act (Pub. L. 117-58, also known as the “Bipartisan Infrastructure Law” (BIL)). FHWA has issued a Notice of Funding Opportunity (NOFO) with application instructions and deadlines.
The following Q&As are intended to assist applicants in the development of their applications. The descriptions and considerations offered for each selection criteria are provided as examples.
For more information, visit: https://highways.dot.gov/federal-lands/programs/significant
No. Non-governmental entities, including non-profit organizations, are not eligible to apply for NSFLTP Program funds.
Are FLMAs, or Tribes required to sponsor an application on behalf of a State, county, or unit of local government?
No
Are Alaska Native Corporations that were formed by the Alaska Native Claims Settlement Act eligible to apply?
Alaska Native Corporations are not eligible to receive funds under sections 201, 202, 203, or 204 of title 23, and therefore, pursuant to FAST Act § 1123(b)(1), are not eligible recipients under the NSFLTP Program.
Eligible Project Activities
Per FAST Act, Section 1123(c), eligible projects must be “a single continuous project.” A single continuous project means that there are no gaps or disconnects along the centerline of the proposed project. The applicant should make the case in their application that the project meets this eligibility criterion.
The FHWA interprets the intent of the term “construction” in Section 1123 of the FAST Act to mean the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction, reconstruction, or rehabilitation of an eligible transportation facility, including bond costs, but excluding costs related to project design.
Yes, if the survey is conducted incidentally to construction.
No. Per FAST Act, Section 1123(d)(1), NSFLTP Program funds can only be used for construction, reconstruction, or rehabilitation activities. Operations and maintenance activities do not fall under these categories.
Does a transportation facility need to be included in the national Federal Lands transportation or Tribal transportation facility inventory to be eligible under the NSFLTP Program?
No. Section 1123(c)(1) of the FAST Act specifically states that a transportation facility has to be on a Federal Lands transportation facility, Federal Lands access transportation facility, or Tribal transportation facility, but that the transportation facility is not required to be included in the Federal Lands transportation or Tribal transportation facility inventory.
No. Section 1123(c)(1) and 1123(d)(1) of the FAST Act makes clear that funds can only be used for construction, reconstruction, or rehabilitation of a Federal land transportation facility, Federal Lands access transportation facility, or a Tribal transportation facility. Maintenance buildings are not considered within the definition of these facilities because Congress made a distinction between construction of transit systems, e.g., Title 23, United States Code (U.S.C.), Section 203(a)(1)(A), and the operations and maintenance of a transit facility, e.g., 23 U.S.C. 203(a)(1)(B). This distinction means, for example, the construction of a bus maintenance facility would not be eligible.
Per FAST Act, Section 1123(c), only a single continuous project is eligible. A series of unconnected projects along a corridor generally would not be eligible for NSFLTP Program funds unless the applicant is able to make a convincing case that the project is continuous.
Is the construction, reconstruction, or rehabilitation of visitor centers eligible under the NSFLTP Program?
No. Under FAST Act, Section 1123(c)(1), an eligible project must be on a Federal Lands transportation facility, Federal Lands access transportation facility, or Tribal transportation facility. Facilities such as visitor centers, contact stations, campgrounds, and other visitor amenities are not listed under the definitions for Federal Lands transportation facility, a Federal Lands access transportation facility, or a Tribal transportation facility, and, therefore, are not eligible.
Under FAST Act, Section 1123(c)(1), an eligible project must be on a Federal Lands transportation facility, Federal Lands access transportation facility, or Tribal transportation facility. The definitions for these term in 23 U.S.C. 101(a)(7), (a)(8), and (a)(33) include only public highways, roads, bridges, trails, or transit systems. A rail project is therefore eligible only if it fits the definition of a transit system.
Under FAST Act, Section 1123(c)(1), an eligible project must be on a Federal Lands transportation facility, Federal Lands access transportation facility, or Tribal transportation facility. The definitions for these term in 23 U.S.C. 101(a)(7), (a)(8), and (a)(33) include only public highways, roads, bridges, trails, or transit systems. Boat ramps are therefore eligible only if it fits the definition of a transit system.
Does the NSFLTP Program cover improvements to connecting roads used to manage traffic during construction? Are there limits as to the length of these upgrades?
Per FAST Act, Section 1123(c), eligible projects must be a single continuous project. All work required to complete the project, including necessary detours, would be eligible. The project application should describe the scope of work and justify necessary improvements to connecting roads.
Per FAST Act, Section 1123(d)(1), NSFLTP Program funds can be used on construction, and construction and acquisition of rights-of-way are a part of construction (see 23 U.S.C. 101(a)(4)). Pursuant to 2 CFR 200.458, the cost of acquisition of real property prior to the effective date of the grant award is eligible to be included in the project cost if the cost was incurred after notice of selection and:
•the costs are directly pursuant to the negotiation and in anticipation of the NSFLTP Program grant award;
•the costs are necessary for efficient and timely performance of the scope of work;
•the costs would have been allowable if incurred after the date of award; and
•FHWA provides written approval.
Real property acquired prior to notice of selection is not eligible to be included in the reimbursable project cost, but the value of such property donated to be incorporated into the awarded project may count towards the non-Federal entity’s matching requirement. Real property acquired on or after the effective date of the grant award is eligible to be included in the project cost for reimbursement at the applicable Federal share. [See question Q6.3 for additional information.]
Environmental commitments, including mitigation activities, are often part of project construction or they coincide with the timing of project construction. Activities to meet environmental commitments and accelerate project delivery are therefore eligible. Environmental studies are not eligible unless they relate to fulfilling environmental commitments that the lead Federal agency made during the NEPA process.
Contract management costs are eligible for contracts related to construction, reconstruction, and rehabilitation.
Does the NSFLTP Program supports safety improvements via wildlife crossings infrastructure development?
Construction, reconstruction, and rehabilitation of wildlife crossings may be eligible as long the project is a single continuous project on a Federal Lands transportation facility, a Federal Lands access transportation facility, or a Tribal transportation facility (as defined in 23 U.S.C. 101) (FAST Act, Section 1123(c)(1), (d)).
Does a project need to meet all the Primary Merit Criteria listed in Section 1123(f) of the FAST Act?
No. A project could be eligible if it does not meet all nine selection criteria listed in section 1123(f). However, applicants should try to address each of the criteria to the greatest extent possible in their applications. If a project does not meet one or more of the criteria, the application should clearly state this.
Per FAST Act, Section 1123(c)(2), an eligible project must have activities required under NEPA be completed and demonstrated through a record of decision, finding that the project has no significant impact, or a categorical exclusion. FHWA interprets this statutory requirement for demonstration to mean that NEPA has been completed at the time of application, and the applicant should provide documentation of such completion as part of their application.
How does an applicant identify and document that transportation facilities are included in or eligible for inclusion in the National Register of Historic Places (National Register) per FAST Act, Section 1123(f)(5) (criterion 5 of the NOFO)?
Does this criterion apply to all facilities subject to project activities?
The National Historic Preservation Act (54 U.S.C. 300101 et seq.) established the National Register, and the Act defines a ‘‘historic property’’ as “any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register, including artifacts, records, and material remains relating to the district, site, building, structure, or object (54 U.S.C. 300308).
When a property is not already listed in the National Register, the Federal agency or the Keeper of the National Register may determine a property’s National Register eligibility. An applicant will otherwise need to establish if project facilities are National Register eligible historic properties based on the professional judgement of an employee or consultant meeting the Secretary of the Interior’s Professional Qualification Standards in one or more disciplines appropriate to identifying all or part of the project facilities.
To indicate that the transportation facility is included in or eligible for inclusion in the National Register of Historic Places, an applicant should document that the transportation facility is a historic property, is a contributing element to a historic property, or that the transportation facility provides an opportunity for enjoyment of or access to a historic property. Linear historic properties often have sections that themselves contribute to the overall National Register eligibility of the property as well as sections that no longer retain sufficient integrity to contribute to National Register eligibility by themselves. Therefore, an applicant can demonstrate that they have met criterion 5 when any part of a project is a historic property or provides enjoyment of or access to a historic property.
What information should an applicant provide regarding the extent to which a project is supported by funds, other than funds received under the Program, to construct, maintain, and operate the facility (see FAST Act, Section 1123(f)(7))?
Applicants may demonstrate this by describing the availability of other funding sources besides NSFLTP Program funding that will fund the proposed project. Also, if the funds requested in the application exceed the required match, as applicable (for non-Tribal projects), these applications will be viewed favorably.
Additionally, an applicant could demonstrate non-NSFLTP Program funds are available to maintain and operate a facility built with NSFLTP Program dollars and the applicant has a reasonable expectation those funds will be available throughout the useful life of all project facilities.
If applicable to the project application, how should an applicant demonstrate a project serves multiple Federal or Tribal Lands (see FAST Act, Section 1123(f)(9))?
A project does not have to serve multiple Federal or Tribal Lands to be eligible under the NSFLTP Program.
To demonstrate that the project serves land owned by multiple Federal agencies or Indian Tribes, applicants should include a description of the project and how it supports multiple stakeholders. Applicants may also include letters of support from officials at each of the agencies or Tribes that would benefit from the project.
An applicant can go to NPS.gov to retrieve the most recent visitation counts.
This information would be needed to take advantage of the new requirement added by the Infrastructure Investment and Jobs Act, that at least one eligible project funded using the 50 percent of funds set aside for eligible projects on Federal Lands transportation facilities and Federal Lands access transportation facilities must be in a unit of the National Park System with at least 3 million annual visitors (see FAST Act, Section 1123(h)(2)).
These visitation figures will be acceptable, regardless of the year of collection.
Applicants will receive notification of the status of their applications after each award announcement. An applicant can request a debrief, but the debrief would focus on the format and readability of the application and project narrative, not on the merits of the proposed project described in the application.
FAST Act, Section 1123(h)(2) requires awarding at least one project to the NPS on a unit with more than 3 million annual visitors. How does FHWA administer this requirement?
FHWA will consider the statutory requirement in Section 1123(h)(2) of the FAST Act when evaluating applications; however, FHWA will ultimately evaluate all applications and make awards using the review and selection process laid out in the NSFLTP Program NOFO. It is FHWA’s preference to fully fund projects but, on occasion, projects may not receive the full amount of funding requested. While FHWA will seek to ensure that at least one project carried out using the 50 percent of NSFLTP Program funds set aside each fiscal year for eligible projects on Federal Lands transportation facilities and Federal Lands access transportation facilities, FHWA may, in accordance with the NSFLTP Program NOFO, award a project submitted by the NPS with less funding than requested.
No.
Yes. A single project may apply for funds during multiple application cycles. For each application cycle, the application must clearly identify the phase and deliverables of the project for which it is seeking funding. For example, the resubmission of an identical application (that received funds) will not be considered unless the application clearly identifies how the use of prospective funding will advance additional stages of the project.
Is there a minimum amount of NSFLTP Program participation that can be awarded to a selected application?
There is no minimum dollar amount that the NSFLTP Program can provide to an applicant. However, FAST Act, Section 1123(c)(3) requires that all eligible projects must have an estimated cost, based on the results of preliminary engineering, of $12.5 million or more. This is inclusive of all funding sources, meaning that while total construction costs for a project must meet this minimum amount, there is no requirement regarding the minimum amount of NSLFTP Program funding that can be sought.
NSFLTP Program funds may cover up to 100 percent of costs for projects on a Tribal transportation facility (FAST Act, Section 1123(g)(1)(B)). The NSFLTP Program funds may cover up to 90 percent of costs for projects on a Federal Lands transportation facility or a Federal Lands access transportation facility (FAST Act, Section 1123(g)(1)(A)).
May Federal funds be used to satisfy the non-Federal share requirement, consistent with the authorizing legislation for those funds (FAST Act § 1123(g)(2))?
Yes, BIL amended the NSFLTP Program’s Federal share provision to allow any other Federal fund to be used to satisfy the 10 percent Federal share requirement on non-Tribal projects.
Can the value of real property acquired by a non-Federal entity before the effective date of the grant award be used toward meeting the non-Federal share?
FHWA may consider the value of property to be incorporated into the awarded project acquired prior to the effective date of the grant award as part of the non-Federal entity’s matching share requirement. To be considered part of the non-Federal share, FHWA must authorize acceptance of the non-Federal entity’s donation of the real property that is incorporated into the project and the allowable value. 2 CFR 200.306(d). [See question Q3.1 for additional information.]
What costs incurred by a non-Federal entity before the effective date of the grant award may be included in the cost of the project and used toward meeting the non-Federal share?
Pursuant to 2 CFR 200.458, costs incurred by a non-Federal entity for the project after notice of selection and before the effective date of the grant agreement may count toward meeting the non-Federal share if:
The costs are directly pursuant to the negotiation and in anticipation of the Federal award;
The costs are necessary for efficient and timely performance of the scope of work;
The costs would have been allowable if incurred after the date of award; and
FHWA provides written approval.
Other costs incurred before the effective date of the grant award may not be considered for the non-Federal share or reimbursement. For example, costs incurred for construction activities before notice of selection and negotiation of the project agreement are not eligible for consideration as the non-Federal share or reimbursement.
Yes.
If a Tribal government submits an application for a project on a Federal Lands transportation facility or a Federal Lands access transportation facility, will the program fund that project at 100 percent?
No. The Federal share provisions for the NSFLTP Program are based on what kind of facility the project is on, not the type of applicant. The 100-percent Federal share provision only applies to projects on a Tribal transportation facility (FAST Act, Section 1123(g)(1)(B)). The Federal share for all other projects under the NSFLTP Program, those on a Federal Lands transportation facility or Federal Lands access transportation facility, is 90 percent (FAST Act, Section 1123(g)(1)(A)).
ATTACHMENT A
Nationally Significant Federal Lands and Tribal Projects Program APPLICATION CHECKLIST
The Federal Highway Administration (FHWA) provides this Application Checklist for the Fiscal Years (FY) 2024-2026 Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program to assist project sponsors who intend to apply for a NSFLTP grant. This checklist is a tool that can assist applicants to ensure their application is complete. The items in this checklist are not exhaustive. Interested applicants should read the FY 2024-2026 NSFLTP Notice of Funding Opportunity (NOFO) in its entirety and especially when noted in this application checklist to submit eligible and competitive applications.
This checklist itself is not required to be submitted with the application and should not be attached to an application.
Before applying, applicants should verify that the proposed project is eligible. As described in Section C of the NOFO, in order to be eligible to receive NSFLTP Program funding, all of the following must be true:
The applicant is (1) a Federal Land Management Agency (FLMA) or Tribe; OR (2) the applicant is a State, county, or unit of local government and sponsored by an FLMA or Tribe;
The project is on an eligible Federal Lands transportation facility, Federal Lands access facility, or Federal Lands Tribal facility;
The project is a single continuous project;
The project has an estimated total estimated eligible project cost, based on the results of preliminary engineering, of $12.5 million or more;
The project demonstrates the completion of activities required under the National Environmental Policy Act (NEPA);
If located on a Federal Lands transportation facility or a Federal Lands access transportation facility, the project meets the 10 percent Federal share requirement. See Section C.2 of the NOFO for more information on this requirement; and
The NSFLTP funds requested will be used only for construction, reconstruction, or rehabilitation of transportation facilities and will not be used for any project design activities.
To complete the application:
Required Forms. Applicants must submit the Standard Form 424, Standard Form 424C, Grants.gov Lobbying Form, and Disclosure of Lobbying Activities form. The forms will include key information such as the project name, lead applicant name, and congressional district(s) where the project is located.
Cover Page. Applicants should submit a cover page in .docx or .pdf format per Section D.2.a.(5) of the NOFO.
Project Narrative. Applicants should submit a Project Narrative in docx or pdf format per Section D.2.a.(7) of the NOFO. The Project Narrative should include the following sections addressing the subsequent items:
Basic Project Information - Description, Location, and Parties. This section of the project narrative should describe basic details pertinent to the project, including project name, description, location, involved parties, etc. Items in this section will be used to determine grant program eligibility as detailed in Section C of the NOFO. More information on this section can be found in Section D.2.a.I. of the NOFO.
Project Description: Provide the project name and a description of the project per Section D.2.a.I.a. of the NOFO.
Project Location: Provide a concise description of the project’s location, including a detailed geographic description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location. Identify if the project is in an urban or rural community. See Section D.2.a.I.b. of the NOFO for more information.
Lead Applicant type: Provide details about the lead applicant. As described above, the lead applicant must be an Indian Tribe; FLMA; or State, county, or unit of local government sponsored by an Indian Tribe or FLMA. In this section, the applicant should describe their experience with receipt and expenditure of Federal funds. See Section D.2.a.I.c. of the NOFO for more information.
Other Public and Private Parties: Describe in detail all the other public and private parties who are involved in delivering the project, including a specific description of the role of each entity in delivering the project. See Section D.2.a.I.d. of the NOFO for more information.
Budget Narrative - Grant Funds, Sources, and Uses of all Project Funding. Provide information detailing the costs associated with the project. This information should support the information provided in the SF-424C. More information on this section can be found in Section D.2.a.II. of the NOFO.
Total Project Costs by funding source, component, and phase: Provide the total project costs broken out by funding source and categorized as non-Federal, NSFLTP requested, and other Federal funding. Separate costs by project components or phases, including contingencies, where applicable. Identify previously incurred project costs. Identify conditions or limitations to any source of funds.
Non-Federal Share: For projects on Federal Lands access transportation facilities and Federal Lands transportation facilities, ensure that the budget indicates the amount, type, and source(s) of the required 10 percent non-Federal match. See Section C.2 of the NOFO. Provide the amount, type, and source(s) of any additional matching funds that are not required. For any non-NSFLTP Federal funds, indicate any required matching funds and their source(s).
Primary Merit Criteria. The application should provide a narrative response on how the project responds to each of the nine Primary Merit Criteria in Section E.1.a. of the NOFO. Be sure to review the rating criteria in Section E.1.a. to understand how FHWA will rate projects against these criteria.
Primary Merit Criterion 1: Describe how the project furthers the goals of DOT, including safety, state of good repair, economic competitiveness, and quality of life.
Primary Merit Criterion 2: Describe how the project improves the condition of critical transportation facilities, including multimodal facilities.
Primary Merit Criterion 3: Describe how the project needs construction, reconstruction, or rehabilitation.
Primary Merit Criterion 4: Describe how the project costs matched by funds that are not provided under the NSFLTP Program, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches.
Primary Merit Criterion 5: Describe if the project is included or eligible for inclusion in the National Register of Historic Places.
Primary Merit Criterion 6: Describe how the project uses new technologies and innovations that enhance the efficiency of the project.
Primary Merit Criterion 7: Describe how the project is supported by funds, other than funds received under the NSFLTP Program, to construct, maintain, and operate the facility.
Primary Merit Criterion 8: Describe if the project spans two or more States.
Primary Merit Criterion 9: Describe how the project serves land owned by multiple Federal agencies or Indian Tribes.
Secondary Merit Criteria. For projects on Federal Lands transportation facilities and Federal Lands access transportation facilities, the application should provide narrative response on how the project responds to each of the four Secondary Merit Criteria in Section E.1.b. of the NOFO. Be sure to review the rating criteria in Section E.1.b. to understand how FHWA will rate projects against these criteria. FHWA will not rate projects on Tribal transportation facilities against these criteria.
Secondary Merit Criterion 1: Describe how the project will create positive outcomes that will reduce, mitigate, or reverse how a community is experiencing disadvantage through increasing affordable transportation options, improving health or safety, reducing pollution, connecting Americans to good-paying jobs, fighting climate change, and/or improving access to nature, resources, transportation or mobility, and quality of life; and how the applicant will implement programs and policies that ensure the benefits of investments while mitigating the economic displacement of economically susceptible residents and businesses.
Secondary Merit Criterion 2: Demonstrate how the project supports the goals of the Justice 40 Initiative.
Secondary Merit Criterion 3: Describe how the project will significantly reduce greenhouse gas (GHG) emissions in the transportation sector and incorporate evidence-based climate resilience measures or features.
Secondary Merit Criterion 4: Describe how the project will 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.
Project Readiness. In this section of the project narrative, provide information to demonstrate that the project is reasonably expected to begin construction in a timely manner and meet applicable obligation deadlines described in Section B.6 of the NOFO. See Section D.2.a.V. of the NOFO for more information.
Technical Feasibility: Demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the application; and any scope, schedule, and budget risk-mitigation measures.
Project Schedule: Include a detailed project schedule that identifies all major project milestones.
Required Approvals
NEPA Documentation: The NEPA review must be complete at the time of application submittal, and applications should include documentation that NEPA has been completed.
Other Environmental Approvals and Permits: Demonstrate receipt, or reasonably anticipated receipt, of all other environmental approvals and permits, besides NEPA, necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline described in Section B.6 of the NOFO.
State, Tribal, and Local Approvals: Demonstrate receipt, or the schedule for anticipated receipt, of any other State, Tribal, or local approvals on which the project depends, such as planning approvals.
Project Risks and Mitigation Strategies: Identify all material risks to the project and strategies that the applicant has taken or will take to mitigate those risks.
ATTACHMENT B
FISCAL YEAR 2024-2026
Nationally Significant Federal Lands and Tribal Projects
GUIDELINES FOR EVALUATION OF APPLICATIONS
The Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program, authorized by Section 1123 of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94) and modified by Section 11127 of the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58), provides funding for the construction, reconstruction, and rehabilitation of nationally significant projects within, adjacent to, or accessing Federal and Tribal Lands. This program provides an opportunity to address significant challenges across the Nation for transportation facilities that serve Federal and Tribal Lands.
This document provides guidelines when evaluating the applications for Fiscal Year (FY) 2024-2026 NSFLTP Program grants and the expected responsibilities of those reviewing the proposals.
This document provides guidance for the evaluation teams, including the roles and responsibilities of each team, the overall evaluation process, and details of each review phase. Consistent with Section 1123 of the FAST Act, it supplements the FY 2024-2026 NSFLTP Notice of Funding Opportunity (NOFO) and should be used, reviewed, and understood by all team members prior to their participation in the evaluation process. These guidelines use terminology as defined in the NOFO.
To be selected for an award, applicants must supply sufficient information to address the selection criteria and project requirements outlined in the NOFO. There are three application periods, one for FY 2024, one for FY 2025, and one for FY 2026. For each application period, the NSLFTP Program will accept applications starting and ending on the dates below:
Application Period |
Application Period |
Application Period |
2024 |
TBD |
August 1, 2024 |
2025 |
May 1, 2025 |
August 1, 2025 |
2026 |
May 1, 2026 |
August 1, 2026 |
Shortly after the application period closes each application period, the Federal Highway Administration (FHWA) will begin evaluating all eligible applications to make funding recommendations to the FHWA Administrator.
The NSFLTP Program review and selection process consists of the following three levels of review:
Application Intake and Eligibility Review – To begin the review process, the Intake Processing Team conducts the Application Intake and Eligibility Review by providing an initial eligibility screening based on criteria outlined in the NOFO. Only eligible projects are sent to the Technical Review Team.
Technical Review – The Technical Review Team reviews all eligible applications and provides one of the following overall ratings to each project: Highly Recommended, Recommended, or Not Recommended; and,
Senior Review – The FHWA SRT advises the FHWA Administrator regarding which projects the FHWA Administrator should select for funding.
The FHWA SRT and FHWA Administrator will have access to all applications and all analyses that have been completed by the Technical Review Team.
The FHWA Administrator makes final project selections. In making those selections, the FHWA Administrator may consult with any group or team involved in the evaluation of the projects. The final selections will be fully documented in accordance with FHWA Order 4410.4, Discretionary Grant Program Development, Implementation, and Award Coordination and Notification, available at https://www.fhwa.dot.gov/legsregs/directives/orders/44104.cfm.
The NSFLTP Team will provide oversight of the entire review process including sorting and assigning applications for review, and providing guidance, direction, and quality assurance for the review process. The review process consists of the following seven phases, and each phase will consist of the following activities, performed by the teams designated below:
Phase |
Team |
Activities |
Intake and Eligibility Review Phase |
Initial Screening Team |
|
Primary Merit Criteria Review Phase |
Technical Review Team |
|
Secondary Merit Criteria Review Phase |
Technical Review Team |
|
Project Readiness Review Phase |
Technical Review Team |
|
Overall Project Rating Phase |
NSFLTP Team |
|
Senior Review Phase |
SRT |
|
Selection and Award Phase |
FHWA Administrator |
|
Intake and Eligibility Review Phase
For each application received, the Initial Screening Team will conduct an application intake and eligibility review based on the statutory eligibility requirements in Section C of the NOFO. Only eligible applications will be advanced to the Technical Review Team to be evaluated in the Primary Merit Criteria Review Phase. Applications that are not eligible will be given a rating of Not Eligible and will not be evaluated further.
Conducting Eligibility Determinations: The Intake Processing Team conducts an initial screening to determine whether applications meet eligibility requirements specified in law and the NOFO, including:
Applicant eligibility: Applicants must be a Tribe; Federal Land Management Agency (FLMA); or a State, county, or unit of local government that is sponsored by an eligible Tribe or FLMA. Sponsored projects must appear on a list of sponsored projects submitted by an FLMA or Tribe; and
Project eligibility, specifically whether a project:
Is a single continuous project;
Is on a Federal Lands transportation facility, Federal Lands access transportation facility, or Tribal transportation facility;
Has documented the completion of activities required by the National Environmental Protection Act;
Has an estimated total eligible project cost, based on the results of preliminary engineering, of $12.5 million or more;
For projects on Federal Lands transportation facilities or Federal Lands access transportation facilities, the project meets the 90 percent Federal share requirement; and
Makes clear that NSFLTP funds will be used only for construction, reconstruction, or rehabilitation of transportation facilities and will not be used for any project design activities.
Documentation: Intake Processing Team members must fully document their assessment of applications by completing the Eligibility Sheet. Eligibility Sheets will include ratings (Meets, Does Not Meet) for each eligibility requirement identified in the NOFO, the justification for that rating, and an overall eligibility determination for the project. A project must meet all eligibility requirements to be considered eligible. Only eligible applications will be advanced. If an application does not meet one of the eligibility requirements, the Intake Processing Team will fully document the reasons and rate the application as Not Eligible.
In some cases, an application may be deemed ineligible pending additional documentation. On a case-by-case basis, the Program Manager may use the “reach back” provision in the NOFO to seek clarification of documentation or regarding files submitted with the application that may be corrupted. See additional instructions for a “reach back” under the “Review of Statutory Evaluation Requirements” section of this evaluation plan.
All review teams, including the Technical Review Team, continue to screen projects for eligibility deficiencies throughout the review process. If the Technical Review Team identifies a potential ineligibility, the Program Manager makes the final eligibility determination, which will be fully documented.
Technical Review
The Technical Review Team will consist of technical and professional FHWA staff from the Office of Federal Lands Highway (including Tribal Transportation Team), the Office of Infrastructure, and the Office of Policy, as well as other offices within FHWA as necessary. The NSFLTP Program Manager will meet with the evaluation team members to go over the technical review process, including expected action dates, and a review of these guidelines and the Application Evaluation Form that will be used for the FY 2024-2026 NSFLTP Program NOFO. The Technical Review Team will be responsible for:
Filling out Technical Review Sheets
Technical Review Team members will document their individual assessment of eligible applications by completing the Technical Review Sheet. Technical Review Sheets will include:
Application identification information;
Ratings for each Primary Merit and Secondary Merit Criteria identified in the NOFO as well as the justification for that rating;
The Technical Review Team Lead is responsible for coordinating and managing the Technical Review Team’s review process. The Technical Review Team Lead will facilitate a meeting with other team members to produce a consolidated Technical Review Sheet for the SRT that incorporates the individual Technical Review Sheets. This consolidated Technical Review Sheet will be used to assign each application an overall project rating.
Evaluation of Primary Merit Criteria
Description |
Rating Guide |
Primary Merit Criterion 1: U.S. Department of Transportation (DOT) Goals. FHWA will assess the extent to which the project furthers the goals of DOT, including safety, state of good repair, economic competitiveness, and quality of life. FHWA will consider:
|
Highly Responsive: The project will make a profound and positive impact on furthering the DOT’s goals, including safety. The application addresses at least three elements described above. Responsive: The project will make a generally positive impact on furthering the DOT’s goals, including safety. The application addresses at least two elements described above. Not Responsive: The project will not further the DOT’s goals. The application does not address any of the elements described above.
Identify specific information from the application that supports the rating. |
The table below provides rating guidance to the members of the Technical Review Team to assist and inform their respective project assessments.
Description |
Rating Guide |
Primary Merit Criterion 2: Improvement of Condition of Critical Transportation Facilities. FHWA will consider the extent to which the project improves the condition of critical transportation facilities, including multimodal facilities. FHWA will evaluate this criterion by considering the extent to which the project improves the condition of a transportation facility, whether the facility is multimodal, and the critical nature of the facility. Examples may include but are not limited to a bridge in poor condition that may be subject to closure in the absence of funds; or a primary transportation facility that provides access to critical community services, high use recreation destination areas, or other economic generators within Tribal and/or Federal Lands. |
Highly Responsive: The project will create or improve critical multimodal transportation facilities. Responsive: The project will create or improve critical transportation facilities; however, the project will not be multimodal Not Responsive: The project would not adequately promote the outcomes described for the criterion under consideration.
Identify specific information from the application that supports the rating. |
Primary Merit Criterion 3: Need for Project. FHWA will consider the extent to which the project needs construction, reconstruction, or rehabilitation. FHWA will consider data provided by the applicant documenting any physical or operational deficiencies of the existing facility that would warrant construction, reconstruction, or rehabilitation, and how the proposed project will address those deficiencies. |
Highly Responsive: The facility is in a deficient condition that prevents its effective usage by all road users who could appropriate use it or needs to be created to improve connection and multimodal connectivity. Responsive: The facility needs improvements or repair but is not in danger of failure, or new construction would benefit the facility and provide connection or multimodal connectivity when there are other connections are available. Not Responsive: There is no apparent or pressing need for construction, reconstruction, or rehabilitation.
Identify specific information from the application that supports the rating. |
Description |
Rating Guide |
Primary Merit Criterion 4: Matched Costs. FHWA will consider the extent to which the project has costs matched by funds that are not provided under the NSFLTP Program, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches. Please note this criterion does not apply to projects on Tribal transportation facilities. |
Highly Responsive: Non-NSFLTP Program funding will account for 50% or more of total eligible project costs. Responsive: Non-NSFLTP Program funding will account for more than the minimum of non-NSFLTP Program funding required for the type of project but less than 50% of total eligible project costs. Not Responsive: The project meets the minimum in non-NSFLTP Program funding required under Section C.2. Identify specific information from the application that supports the rating. |
Primary Merit Criterion 5: National Register of Historic Places. FHWA will consider the extent to which the project is included in or eligible for inclusion in the National Register of Historic Places.
|
Yes: The project is included in or eligible for inclusion in the National Register of Historic Places. No: The project is not included in or eligible for inclusion in the National Register of Historic Places. Identify specific information from the application that supports the rating. |
Primary Merit Criterion 6: New Technologies and Innovations. FHWA will consider the extent to which the project uses new technologies and innovations that enhance the efficiency of the project. In assessing this criterion, FHWA will assess the extent to which the applicant uses innovative strategies promoted by FHWA, especially those promoted by FHWA’s Every Day Counts initiative. |
Highly Responsive: The project will effectively employ at least one new technology or innovation currently promoted by FHWA’s Every Day Counts initiative. Responsive: The project will employ at least one new technology or innovation not currently promoted by FHWA that could enhance the efficiency of the project. Not Responsive: The project would not adequately promote the outcomes described for the criterion under consideration. Identify specific information from the application that supports the rating. |
Description |
Rating Guide |
Primary Merit Criterion 7: Support to Construct, Maintain, and Operate the Facility. FHWA will consider the extent to which the project is supported by funds, other than funds received under the NSFLTP Program, to construct, maintain, and operate the facility. FHWA will consider what other funds exist, besides those available for match, to aid in maintenance and operation of the facility, as well as the reasonable expectation that those funds will remain available. Historical trends, current policy, or future feasibility analyses can be used as evidence to substantiate or support the claims in the application. |
Highly Responsive: The facility to be improved has a secure source of funding to aid in the long-term maintenance and operation of the facility. Responsive: The facility to be improved has a source of funding to aid in the future maintenance and operation of the facility, with reasonable expectation that those funds will remain available. Not Responsive: A source of funding has not been identified to support operation and maintenance of the facility. Identify specific information from the application that supports the rating. |
Primary Merit Criterion 8: Spans Two or More States. FHWA will consider the extent to which the project spans two or more States. |
Yes: The project spans two or more States. No: The project is within one State.
|
Primary Merit Criterion 9: Serves Land Owned by Multiple Federal Agencies or Indian Tribes. FHWA will consider the extent to which the project serves land owned by multiple Federal Agencies or Indian Tribes. |
Yes: The project serves land owned by multiple Federal Agencies or Indian Tribes. No: The project serves land owned by one Federal Agency or Indian Tribe.
|
Overall Project Rating for the Primary Merit Criteria Category on the following basis: |
High – Projects with four or more primary merit criteria rated as “Highly Responsive” or “Yes” as applicable. Medium – Projects with between one and three primary criteria rated as “Highly Responsive” or “Yes” as applicable or projects with “Responsive” with five or more of the merit criteria. Low – The project has no primary merit criteria rated as “Highly Responsive” and less than five of the primary merit criteria rated as “Responsive” or “Yes” as applicable. Identify specific information from the application that supports the rating. |
Evaluation of Secondary Merit Criteria
For projects located on a Federal Lands transportation facility or Federal Lands access facility, the Technical Review Team will evaluate how the project meets each of the following four Secondary Merit Criteria. FHWA will not evaluate the Secondary Merit Criteria for projects on Tribal transportation facilities.
Description |
Rating Guide |
Secondary Merit Criteria 1: Equity. The project is located in an underserved community, as defined in Executive Order (E.O.) 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Sections 2(a) and (b). Per Section 2(a), the term “equity” refers to 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. Per Section 2(b), 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 definition of “equity.” |
Highly Responsive: The project creates a positive outcome that will both (1) reduce, mitigate, or reverse how a community is experiencing disadvantage through increasing affordable transportation options, improving health or safety, reducing pollution, connecting Americans to good-paying jobs, fighting climate change, and/or improving access to nature, resources, transportation or mobility, and quality of life; and (2) the applicant implements programs and policies that ensure the benefits of investments while mitigating economic displacement economically susceptible residents and businesses. Responsive: The project will create a positive outcome that will reduce, mitigate, or reverse how a community is experiencing disadvantage through increasing affordable transportation options, improving health or safety, reducing pollution, connecting Americans to good-paying jobs, fighting climate change, and/or improving access to nature, resources, transportation or mobility, and quality of life. Not Responsive: The project does not address equity.
Identify specific information from the application that supports the rating. |
Following review of the secondary merit criteria for projects on Federal Lands transportation facilities and Federal Lands access transportation facilities, FHWA will provide an overall rating for the Secondary Merit Criteria category as indicated below:
Secondary Merit Criteria Rating |
1 |
2 |
3 |
Criteria 1: Equity |
Not Responsive |
Responsive |
Highly Responsive |
Criterion 2: The Justice40 initiative. |
No |
|
Yes |
Criterion 3: Climate Change and Sustainability. |
Not Responsive |
Responsive |
Highly Responsive |
Criterion 4: Workforce Development, Job Quality, and Wealth Creation. |
No |
|
Yes |
Rating |
Description |
High |
All 3’s |
Medium-High |
Any 3’s |
Medium |
Any 2’s AND no 3’s |
Low |
All 1’s |
Project Readiness
FHWA will consider project readiness to assess the likelihood of a successful project. In that analysis, FHWA will consider three evaluation ratings: Environmental Risk, Technical Capacity, and Financial Capacity.
The Environmental Risk assessment analyzes the project’s environmental approvals and likelihood of the necessary approval affecting project obligation.
The Technical Capacity assessment will review the applicant’s capacity to successfully deliver the project in compliance with applicable Federal, State, Tribal, and local requirements based on factors including, but not limited to, the recipient’s experience working with Federal Agencies, previous experience with DOT discretionary grant awards, and the technical experience and resources dedicated to the project. Technical capacity will also consider the project schedule with an emphasis on the completion of plans, specifications and estimate (PS&E) and projected timeframe to advertise the construction phase of the project.
The Financial Capacity assessment will review the availability of matching funds and whether the applicant presented a complete funding package. Risks do not disqualify projects from award, but competitive applications clearly and directly describe achievable risk mitigation strategies. A project with mitigated risks or with a risk mitigation plan is more competitive than a comparable project with unaddressed risks. All applicants should describe a plan to address potential cost overruns and how those costs will be funded.
The Project Readiness Ratings described above will be translated to a High, Medium-High, Medium, or Low rating, using the table below.
Rating |
1 |
2 |
3 |
Technical Assessment |
Uncertain: The team is not confident in the applicant’s capacity to deliver this project in a manner that satisfies Federal requirements |
Somewhat Certain/Unknown: The team is moderately confident in the applicant’s capacity to deliver the project in a manner that satisfies Federal requirements |
Certain: The team is confident in the applicant’s capacity to deliver the project in a manner that satisfies Federal requirements |
Financial Completeness |
Incomplete Funding: The project lacks full funding, or one or more Federal or non-Federal match sources are still uncertain as to whether they will be secured in time to meet the project’s construction schedule. |
Partially Complete/Appear Stable and Highly Likely to be Available: Project funding is not fully committed but appears highly likely to be secured in time to meet the project’s construction schedule. |
Complete, Stable and Committed: The Project’s Federal and non-Federal sources are fully committed and there is demonstrated funding available to cover contingency/cost increases. |
Environmental Review and Permitting Risk |
High Risk: There are known environmental, or litigation concerns associated with the project. |
Moderate Risk: The project has not secured necessary Federal permits, and it is uncertain whether they will be able to secure necessary Federal permits in the time necessary to meet their project schedule. |
Low Risk: The Project has completed, or it is highly likely that they will be able to complete other environmental reviews in the time necessary to meet their project schedule. |
Rating |
Description |
High |
All 3’s |
Medium-High |
Two 3’s, one 2 |
Medium |
One 3, two 2’s or all 2’s |
Low |
Any 1’s |
Overall Application Rating
Projects on Federal Lands Transportation Facilities and Federal Lands Access Facilities:
Each eligible application will receive an overall rating of Highly Recommended, Recommended, or Not Recommended. The NSFLTP Team will review the Technical Review Sheets to assign an overall project rating and determine which projects will advance as Highly Recommended or Recommended. The rating will be assigned by NSFLTP Team on the following basis:
Highly Recommended projects are those that receive: (1) a High in the Primary Merit Criteria category; (2) a High or Medium-High in the Secondary Merit Criteria Category; and (3) a High or Medium-High in the Project Readiness Rating.
Recommended projects are those that are not rated as Highly Recommended or Not Recommended. This may include projects that receive: (1) a Medium in the Primary Merit Criteria category; (2) a High, Medium-High, or Medium in the Secondary Merit Criteria Category; and (3) a High, Medium-High, or Medium in the Project Readiness Rating. This may also include projects that receive: (1) a High in the Primary Merit Criteria Category; and (2) a Medium in either or both the Secondary Merit Criteria Category or Project Readiness, so long as there are no Lows in any category.
Not Recommended projects are those that receive a low in any category.
A model of how the ratings for each category result in an overall project rating is shown below:
Rating |
Not Recommended |
Recommended |
Highly Recommended |
Primary Merit Criteria |
Low |
Medium |
High |
Secondary Merit Criteria |
High Medium-High Medium |
High Medium-High |
|
Project Readiness |
High Medium-High Medium |
High Medium-High |
Projects on Tribal Transportation Facilities
FHWA will assign each eligible application on a Tribal transportation facility an overall rating of Highly Recommended, Recommended, or Not Recommended. The rating for such projects will be assigned by FHWA on the following basis:
Highly Recommended projects are those that receive: (1) a High in the Primary Merit Criteria category; and (2) a High or Medium-High in the Project Readiness Rating.
Recommended projects are those that receive (1) a Medium in the Primary Merit Criteria category; and (2) a Project readiness rating that is not Low. Recommended projects are also those that receive (1) a High in the Primary Merit Criteria category; and (2) a Project Readiness Rating of Medium.
Not Recommended projects are those that receive a low in any category.
A model of how the ratings for each category result in an overall project rating for projects on Tribal transportation facilities is shown below:
Rating |
Not Recommended |
Recommended |
Highly Recommended |
Primary Merit Criteria |
Low |
Medium |
High |
Project Readiness |
High Medium-High Medium |
High Medium-High |
The projects to be categorized, compiled, and organized based on their overall merits, and proposed award funding scenarios will be developed for the SRT consideration.
The NSFLTP Team will enter the overall application rating for each project into the prescribed table for review by the FHWA SRT and the FHWA Administrator. The table, organized alphabetically by State name, consists of the following columns:
State Name
Project Name and Description: Short narrative describing the project including the types of activities to be funded with the NSFLTP Program funds.
Rating: Highly Recommended, Recommended, or Not Recommended.
Basis for Rating: The basis for rating must explain why the project received the assigned rating. Each basis for rating must be tailored to each project. It must explain how the application addressed each of the Primary Merit Criteria, Secondary Merit Criteria, if applicable, and Project Readiness.
Requested Amount: Amount of grant funding requested in application.
Funding Amount: This will be either Fully Funded, the amount of grant funding being recommended for award, or Not Recommended for Funding.
Funding Amount Rationale: If funding amount is different from the requested amount, explain the reason for the difference.
If, prior to the FHWA SRT meeting, a member of the Technical Review Team determines that a project additional information is needed to make a determination with respect to an Eligibility Requirement, Primary Merit Criteria, Secondary Merit Criteria, or Project Readiness Assessment for a specific project, the “reach back” provision in Section D of the NOFO may be used to confirm, correct, or complete missing information in the project application that a reviewer with the concurrence of a second reviewer identifies as an obvious error. An error may include an omission of information requested in the NOFO that is necessary to confirm whether an applicant could successfully deliver the project proposed in the application. A “reach back” should be limited in scope and the information in question should be easily curable within a short timeframe. The Technical Review Team may only conduct one “reach back” during the technical review per Eligibility Requirement, Primary Merit Criteria, Secondary Merit Criteria, or Project Readiness Assessment issue per applicant. The applicant’s response to the “reach back” may only be considered for the specific Eligibility Requirement, Primary Merit Criteria, Secondary Merit Criteria, or Project Readiness Assessment issue for which a clarification is warranted under these guidelines.
Likewise, an FHWA SRT member may direct the use of the “reach back” provision and ask the Technical Review Team to seek clarifying information from that applicant a second time if the project received a Highly Responsive rating for any of the Merit Criteria, or if an SRT member provides additional information to demonstrate that the project has benefits that are aligned with a Highly Responsive rating in any Merit Criteria (whether or not the Technical Review Team assigned a Highly Responsive rating). The FHWA SRT cannot direct a team to seek clarifying information from an applicant more than once per Primary Merit Criteria, Secondary Merit Criteria, or Project Readiness Assessment issue per applicant.
The applicant’s response to the “reach back” directed by the FHWA SRT Team may only be considered for the specific Eligibility Requirement, Primary Merit Criteria, Secondary Merit Criteria, or Project Readiness Assessment issue for which the clarification is warranted under these guidelines. An FHWA SRT member may also provide the necessary clarifying information to support a determination. If the Technical Review Team or a member of the FHWA SRT finds that information sufficient to determine that the project meets the requirement, the project will be eligible for further evaluation based upon the receipt of the clarifying information. The Technical Review Team will document the basis for that determination. Only projects that have been determined to satisfy the Eligibility Requirements, Primary Merit Criteria, Secondary Merit Criteria, and Project Readiness and are rated Highly Recommended or Recommended may advance for consideration by the SRT.
Senior Review
The Technical Review Team will send to the FHWA SRT the overall application rating for each eligible NSFLTP Program application. The FHWA SRT consists of senior FHWA officials requested to serve by the FHWA Administrator. The SRT, which may include the FHWA Administrator’s participation in the SRT review process, advises the FHWA Administrator which projects the FHWA Administrator should select for funding, taking into account the statutory requirement that half of the NSFLTP Program funding goes to projects on Tribal transportation facilities and that half goes to projects on Federal Lands transportation facilities and Federal Lands transportation facilities, as well as the statutory requirement that at least one eligible project shall be in a unit of the National Park Service with at least 3 million annual visitors.
The FHWA SRT may also recommend for selection an NSFLTP Program project that is rated Recommended over a Highly Recommended project. When recommending a project that is Recommended over a Highly Recommended project, the FHWA SRT will select Recommended projects by considering how well the project addressed the Primary and Secondary Merit Criteria based on the number of criteria rated Highly Responsive and project readiness.
When recommending applications to recommend to the FHWA Administrator, the FHWA SRT may consider geographic diversity including, as applicable, the need for a balance between the needs of rural and urban communities.
Selection and Award Phase
The FHWA Administrator makes final project selections and will select among the projects advanced by the FHWA SRT. The review process gives the Administrator the discretion to determine which applications best address the program requirements, advance the Administration’s Priorities and Departmental Strategic Plan Goals, and should be selected.
When selecting projects, the Administrator may also consider geographic diversity including the need for a balance between the needs of rural and urban communities, and selecting projects that ensure the effective use of Federal funding.
Post-award
Project applications that did not receive an award will not be rolled over into a new competition period. Applicants will need to re-submit an application into Grants.gov.
If an applicant wants a debrief, they may request one, but FHWA will not provide a debrief until available funding has been exhausted.
Disposition of an Application
The NSFLTP Team will be responsible for documenting the disposition of all applications concurrently with the final decision of which projects to fund. This includes:
•A final determination that an applicant or project is ineligible for funding;
•The basis upon which a Highly Recommended application was selected to receive an award;
•The basis upon which a Highly Recommended application was not selected to receive an award;
•The basis upon which a Recommended application was selected to receive an award; and
•The basis upon which a Recommended application was not selected to receive an award.
Federal Highway Administration Office of Federal Lands Highway
The NSFLTP Team staff are responsible for managing and coordinating the entire application review process. The management and coordination of the review process includes structuring and documenting SRT meetings, coordinating meetings between the FHWA Administrator and the SRT, issuing evaluation guidelines, and drafting the required Congressional notification.
The NSFLTP Team will coordinate the documentation for key program decisions. Key decisions include decisions to 1) determine that a project is Not Eligible or Not Recommended; 2) determine whether to use the “reach back” provision; 3) change the scope of a project under consideration; 4) determine applications to advance to the SRT; 5) determine preliminary funding amounts for consideration by the SRT, including by awarding less than an amount requested; 6) recommend the reassignment of a project to utilize other funds; and 7) recommend a project for another program. The selection of applications to receive an award will also be documented.
FHWA Office of the Chief Counsel
The FHWA Office of the Chief Counsel (HCC) provides legal advice to all teams and participants involved in the evaluation process at all phases in the evaluation process.
The FHWA Office of Policy may provide policy advice to all teams and participants involved in the evaluation process at all phases in the evaluation process.
FHWA Office of Acquisitions and Grants Management
The FHWA Office of the Chief Acquisition Officer (HCFA)provides grants management advice to all teams and participants involved in the evaluation process at all phases in the evaluation process.
Staff from FHWA Program Offices will serve on the Initial Screening Team and Technical Review Team. Staff will be assigned based on their expertise and experience.
Staff from FHWA Field Offices can serve on the Technical Review Team. Staff will be assigned based on their expertise and experience.
ATTACHMENT C
SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
(a) PURPOSE. — The Secretary shall establish a nationally significant Federal Lands and Tribal projects program (referred to in this section as the ‘‘Program’’) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal Lands and Tribal transportation projects.
(b) ELIGIBLE APPLICANTS. —
(1) IN GENERAL. — Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code (U.S.C.), may apply for funding under the Program.
(2) SPECIAL RULE. — A State, county, or unit of local government may only apply for funding under the Program if sponsored by an eligible Federal Land Management Agency or Indian Tribe.
(c) ELIGIBLE PROJECTS. — An eligible project under the Program shall be a single continuous project —
(1) on a Federal Lands transportation facility, a Federal Lands access transportation facility, or a Tribal transportation facility (as those terms are defined in section 101 of title 23, U.S.C.), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title;
(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—
(A) a record of decision with respect to the project;
(B) a finding that the project has no significant impact; or
(C) a determination that the project is categorically excluded; and
(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12,500,000.
(d) ELIGIBLE ACTIVITIES. —
(1) IN GENERAL. — Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities.
(2) INELIGIBLE ACTIVITIES. — An eligible applicant may not use funds received under the Program for activities relating to project design.
(e) APPLICATIONS. — Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.
(f) SELECTION CRITERIA. — In selecting a project to receive funds under the Program, the Secretary shall consider the extent to which the project—
(1) furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;
(2) improves the condition of critical transportation facilities, including multimodal facilities;
(3) needs construction, reconstruction, or rehabilitation;
(4) has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;
(5) is included in or eligible for inclusion in the National Register of Historic Places;
(6) uses new technologies and innovations that enhance the efficiency of the project;
(7) is supported by funds, other than the funds received under the Program, to construct, maintain, and operate the facility;
(8) spans 2 or more States; and
(9) serves land owned by multiple Federal Agencies or Indian Tribes.
(g) Cost Share. —
(1) Federal share. —
(A) In general. — Except as provided in subparagraph (B), the Federal share of the cost of a project shall be up to 90 percent
(B) Tribal projects. — In the case of a project on a Tribal transportation facility (as defined in section 101(a) of title 23, U.S.C.), the Federal share of the cost of the project shall be 100 percent.
(2) NON-FEDERAL SHARE. — Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section.
(h) Use of Funds. —
(1) In general. — For each fiscal year, of the amounts made available to carry out this section —
(A) 50 percent shall be used for eligible projects on Federal Lands transportation facilities and Federal Lands access transportation facilities (as those terms are defined in section 101(a) of title 23, U.S.C.); and
(B) 50 percent shall be used for eligible projects on Tribal transportation facilities (as defined in section 101(a) of title 23, U.S.C.).
(2) Requirement. — Not less than one eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3 million annual visitors.
(3) Availability. — Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
(b) Other Programs. —
(1) In general.— The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(G) Nationally significant Federal Lands and Tribal projects. —
(i) In general. — To carry out the nationally significant Federal Lands and Tribal projects program under section 1123 of the Fixing America’s Surface Transportation (FAST) Act (23 U.S.C. 201 note; Public Law 114-94), $55,000,000 for each of Fiscal Years 2022 through 2026.
(ii) Treatment. — Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, U.S.C.
(2) General fund. — (B) Nationally significant Federal Lands and Tribal projects program. In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94) $300,000,000 for each of Fiscal Years 2022 through 2026.
1 E.O. 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619). E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009). E.O. 14025, Worker Organizing and Empowerment (86 FR 22829), and E.O. 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).
2 As described in Primary Merit Criterion 4 under Section E.1.a, for projects on Tribal transportation facility where matching funds are not required for the project to be eligible, providing additional matching funds will result in a higher rating for that criterion and may make such a project more likely to receive an NSFLTP Program grant award.
3 A Federal lands transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government (23 U.S.C. 101(a)(8)).
4 A Federal lands access transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, Tribal, municipal, or local government (23 U.S.C. 101(a)(7)).
5 A Tribal transportation facility means a public highway, road, bridge, trail, or transit system that is located on or provides access to Tribal land (23 U.S.C. 101(a)(33)).
6 The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area in each State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and note within any urbanized area. (23 U.S.C. 101(35)). The term “urbanized area” means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (23 U.S.C. 101(36)).
7 The term “rural areas” means all areas of a State not included in urban areas. (23 U.S.C. 101(25))
8 Independent utility means that the component will represent a transportation improvement that is usable and represents a reasonable expenditure of FHWA funds, even if no other improvements are made in the area and will be ready for intended use upon completion of that component’s construction.
9 As noted in Section C.3.c, to be eligible for funding, projects must demonstrate the completion of activities required under NEPA. Therefore, these activities must be complete at the time of application, and the date for completion of these activities in the project schedule must be before the date the application is submitted.
10 In accordance with 23 U.S.C. 134 and 135, all projects requiring an action by FHWA must be in the applicable plan and programming documents (e.g., metropolitan transportation plan, transportation improvement program (TIP), and statewide transportation improvement program (STIP)). Further, in air quality non-attainment and maintenance areas, all regionally significant projects, regardless of the funding source, must be included in the conforming metropolitan transportation plan and TIP. Inclusion in the STIP is required under certain circumstances. To the extent a project is required to be on a metropolitan transportation plan, TIP, and/or STIP, it will not receive a grant until it is included in such plans. Projects not currently included in these plans can be amended by the State and metropolitan planning organization (MPO). Projects that are not required to be in long range transportation plans, STIPs, and TIPs will not need to be included in such plans to receive a grant.
11 FHWA considers an applicant’s lack of experience with receipt and expenditure of Federal funds a material risk.
12 For projects on Tribal transportation facilities, any amount of non-NSFTLP Program funds, up to 50 percent total eligible project costs, will warrant a Responsive rating. For projects on Federal lands transportation facilities or Federal lands access transportation facilities, any amount of non-NSLFTP Program funds beyond the 10-percent Federal share requirement, up to 50 percent total eligible project costs, will warrant a Responsive rating.
13 https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/
14 Three Major Components of DOT’s Justice40 Initiative | US Department of Transportation https://www.transportation.gov/priorities/equity/justice40/three-major-components-dots-justice40-initiative
15 https://www.transportation.gov/grants/dot-navigator/equity-and-justice40-analysis-tools.
16 OMB, Council on Environmental Quality (CEQ), and Climate Policy Office (CPO), M-23-09, Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the CEJST (Jan. 27, 2023), whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf; OMB, CEQ, & CPO, M-21-28, Interim Implementation Guidance for the Justice40 Initiative (July 20, 2021), https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.
17 https://www.transportation.gov/grants/dot-navigator/checklist-strong-climate-change-mitigation-adaptation-and-resilience-grant.
18 https://www.whitehouse.gov/wp-content/uploads/2023/09/National-Climate-Resilience-Framework-FINAL.pdf
19 https://www.fhwa.dot.gov/tpm/
20 https://www.transportation.gov/priorities/climate-and-sustainability/greenhouse-gas-analysis-resources-and-tools.
21 https://www.transportation.gov/priorities/climate-and-sustainability/us-national-blueprint-transportation-decarbonization.
22 https://www.fema.gov/partnerships/community-disaster-resilience-zones.
23 https://www.cisa.gov/cross-sector-cybersecurity-performance- goals.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | 6.17.21 Draft for OST review |
| Author | Williams, Tammi (FHWA) |
| File Modified | 0000-00-00 |
| File Created | 2024-07-21 |
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