FY 2021 Competitive Funding Opportunity: Public Transportation on Indian Reservations Program; Tribal Transit Program |
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Nuria I. Fernandez
Federal Transit Administration
27 May 2021
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28675-28681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11197]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2021 Competitive Funding Opportunity: Public Transportation on
Indian Reservations Program; Tribal Transit Program
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of funding opportunity.
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $10 million in competitive grants for the
Fiscal Year (FY) 2021 Public Transportation on Indian Reservations
(Tribal Transit) Program. As required by Federal public transportation
law, funds will be awarded competitively for any purpose eligible under
FTA's Formula Grants for Rural Areas Program, 49 U.S.C. 5311, including
planning, capital, and operating assistance for tribal public transit
services in rural areas. FTA may award additional funding that is made
available to the program prior to the announcement of project
selections.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on August 25,
2021. Any applicant intending to apply should initiate the process of
registering on the GRANTS.GOV site immediately to ensure completion of
registration before the submission deadline. Instructions for applying
can be found on FTA's website at http://www.transit.dot.gov/howtoapply
and in the ``FIND'' module of GRANTS.GOV. The funding opportunity ID is
FTA-2021-003-TR. Mail and fax submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT: Jacarl Melton, Office of Program
Management, (202) 366-2269, or email TribalTransit@dot.gov. A TDD is
available at 1-800-877-8339 (TDD/FIRS).
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
Federal public transportation law (49 U.S.C. 5311(c)(1)(A))
authorizes FTA to award competitive grants ``under such terms and
conditions as may be established by the Secretary'' to Indian tribes
for any purpose eligible under FTA's Formula Grants for Rural Areas
Program, 49 U.S.C. 5311, including planning, capital, and operating
assistance. Tribes may apply for this funding directly.
The Tribal Transit Program (Federal Assistance Listing: 20.509)
supports FTA's strategic goals and objectives through the timely and
efficient investment in public transportation. This program also
supports the President's Build Back Better initiative to mobilize
American ingenuity to build a modern infrastructure and an equitable,
clean energy future. In addition, the Tribal Transit Program and this
NOFO will advance the goals of the January 20, 2021 Executive Order on
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government.
Competitive funds distributed to Indian tribes under the Tribal
Transit Program do not replace or reduce funds that Indian tribes
receive from States through FTA's Formula Grants for Rural Areas
Program. Specific project eligibility under this competitive allocation
is described in Section C of this notice.
B. Federal Award Information
Federal public transportation law (49 U.S.C. 5338(a)(2)(F), 49
U.S.C. 5311(c)(1)) authorizes $5 million in FY 2021 for competitive
grants under the Tribal Transit Program. The Consolidated
Appropriations Act, 2021, (Pub. L. 116-260), appropriated the
authorized amount for grants under this program. The American Rescue
Plan Act of 2021 (Pub. L. 117-2) appropriated an additional $5 million
for grants under this program. There is a $25,000 cap on planning grant
awards, and FTA has discretion to cap capital and operating awards.
Additional funds made available prior to project selection may be
allocated to eligible projects.
In FY 2020, the program received applications for 30 eligible
projects requesting a total of $9.4 million. Twenty-five projects were
funded at a total of $7.7 million.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2021 project selections are announced
on FTA's website. Funds are available for obligation for two fiscal
years after the fiscal year in which the competitive awards are
announced. Funds are available only for projects that have not incurred
costs prior to the announcement of project selections.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants include Federally-recognized Indian tribes or
Alaska Native villages, groups, or communities as identified by the
U.S. Department of the Interior (DOI) Bureau of Indian Affairs (BIA).
As evidence of Federal recognition, an Indian tribe may submit a copy
of the most up-to-date Federal Register notice published by BIA:
Entities Recognized and Eligible to Receive Service from the United
States Bureau of Indian Affairs. To be an eligible recipient, an Indian
tribe must have the requisite legal, financial, and technical
capabilities to receive and administer Federal funds under this
program. Additionally, applicants must be located and provide service
in a rural area with a population of less than 50,000. A service area
can include some portions of urban areas, as long as the tribal transit
service serves rural areas. An applicant must be registered in the
System for Award Management (SAM) database and maintain an active SAM
registration with current information at all times during which it has
an active Federal award or an application or plan under consideration
by FTA.
2. Cost Sharing or Matching
There is no local match requirement for operating, capital, or
planning projects under this program. All projects will be awarded at a
100 percent Federal share, unless the applicant chooses to provide a
local match at its own discretion. If choosing to provide a local
match, the proposal should include a description of the Indian tribe's
financial commitment.
If desired by the applicant, tribes may use any local match
eligible under
[[Page 28676]]
Chapter 53, including cash from non-Government sources other than
revenues from providing public transportation services; revenues
derived from the sale of advertising and concessions; amounts received
under a service agreement with a State or local social service agency
or private social service organization; revenues generated from value
capture financing mechanisms; funds from an undistributed cash surplus;
replacement or depreciation cash fund or reserve; new capital; or in-
kind contributions. Transportation development credits or in-kind match
may be used for local match if identified and documented in the
application.
3. Eligible Projects
Eligible projects include public transportation planning, capital,
or operating expenses. Unlike in prior years, all eligible applicants
may apply for operating assistance.
Public transportation includes regular, continuing shared-ride
surface transportation services open to the public or open to a segment
of the public defined by age, disability, or low income. FTA will award
grants to eligible Indian tribes proposing projects serving rural
areas. Applicants must submit one proposal for each project. Specific
types of projects include: Capital investment for start-ups,
replacement, or expansion needs; operating assistance; and planning
projects up to $25,000. Indian tribes applying for capital replacement
or expansion needs must demonstrate a sustainable source of operating
funds for existing or expanded services.
D. Application and Submission Information
1. Address To Request Application Package
Applications must be submitted electronically through GRANTS.GOV.
General information for submitting applications through GRANTS.GOV can
be found at www.fta.dot.gov/howtoapply along with specific instructions
for the forms and attachments required for submission. Mail and fax
submissions will not be accepted. A complete proposal submission
consists of two forms: The SF-424 Application for Federal Assistance
(available at GRANTS.GOV) and the supplemental form for the FY 2021
Tribal Transit Program (downloaded from GRANTS.GOV or the FTA website
at https://www.transit.dot.gov/tribal-transit). Failure to submit the
information as requested can delay review or disqualify the
application.
2. Content and Form of Application Submission
(i) Proposal Submission
Applications must be submitted electronically through GRANTS.GOV.
General information for submitting applications through GRANTS.GOV can
be found at www.fta.dot.gov/howtoapply along with specific instructions
for the forms and attachments required for submission. Mail and fax
submissions will not be accepted. A complete proposal submission
consists of two forms: The SF-424 Application for Federal Assistance
(available at GRANTS.GOV) and the supplemental form for the FY 2021
Tribal Transit Program (downloaded from GRANTS.GOV or the FTA website
at https://www.transit.dot.gov/tribal-transit). Failure to submit the
information as requested can delay review or disqualify the
application. A complete proposal submission will consist of at least
two files: (1) The SF-424 Mandatory form (downloaded from GRANTS.GOV);
and (2) the Tribal Transit supplemental form found on the FTA website
at http://www.transit.dot.gov. The Tribal Transit supplemental form
provides guidance and a consistent format for applicants to respond to
the criteria outlined in this NOFO. The supplemental form and any
supporting documents must be attached to the ``Attachments'' section of
the SF-424. The application must include responses to all sections of
the SF-424 Application for Federal Assistance and the supplemental
form, unless indicated as optional. The information on the supplemental
form will be used to determine applicant and project eligibility for
the program, and to evaluate the proposal against the selection
criteria described in part E of this notice.
FTA will only accept one supplemental form per SF-424 submission.
Applicants may attach additional supporting information to the SF-424
submission, including but not limited to letters of support, project
budgets, fleet status reports, or excerpts from relevant planning
documents. Supporting documentation must be described and referenced by
file name in the appropriate response section of the supplemental form,
or it may not be reviewed.
Information such as applicant name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF-424 and Supplemental Form.
Applicants must fill in all fields unless stated otherwise on the
forms. Applicants should not place N/A or ``refer to attachment'' in
lieu of typing in responses in the field sections. If information is
copied into the supplemental form from another source, applicants
should verify that pasted text is fully captured on the supplemental
form and has not been truncated by the character limits built into the
form. Applicants should use both the ``Check Package for Errors'' and
the ``Validate Form'' validation buttons on both forms to check all
required fields on the forms, and ensure that the Federal and local
amounts specified are consistent.
Complete instructions on the application process can be found at
http://www.transit.dot.gov. Important: FTA urges applicants to submit
their project proposals at least 72 hours prior to the due date to
allow time to receive the validation message and to correct any
problems that may have caused a rejection notification. FTA will not
accept submissions after the stated submission deadline. GRANTS.GOV
scheduled maintenance and outage times are announced on the GRANTS.GOV
website at http://www.GRANTS.GOV. The deadline will not be extended due
to scheduled maintenance or outages.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registration up to
date before submissions can be made successfully: (1) Registration in
the SAM is renewed annually; and (2) persons making submissions on
behalf of the Authorized Organization Representative (AOR) must be
authorized in GRANTS.GOV by the AOR to make submissions. Applicants
must submit one proposal for each project.
(ii) Application Content
The SF-424 Mandatory Form and the Supplemental Form will prompt
applicants for the required information, including:
a. Name of Federally recognized tribe and, if appropriate, the
specific tribal agency submitting the application.
b. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number if available.
c. Contact information including: Contact name, title, address,
phone number, and email address.
d. Description of public transportation services, including areas
currently served by the tribe, if any.
[[Page 28677]]
e. Name of person(s) authorized to apply on applicant's behalf must
accompany the proposal (attach a signed transmittal letter).
f. Complete Project Description: Indicate the category for which
funding is requested (i.e., project type: Capital, operating, or
planning), and then indicate the project purpose (i.e., start-up,
expansion, or replacement). Describe the proposed project and what it
will accomplish (e.g., number and type of vehicles, routes, service
area, schedules, type of services, fixed route or demand responsive,
safety aspects), route miles (if fixed route), ridership numbers
expected (actual if an existing system, estimated if a new system),
major origins and destinations, population served, and whether the
tribe provides the service directly or contracts for services, and note
vehicle maintenance plans.
g. Project Timeline: Include significant milestones such as date of
contract for purchase of vehicles, actual or expected delivery date of
vehicles; facility project phases (e.g., environmental reviews, design,
construction); or dates for completion of planning studies. If applying
for operating funding for new services, indicate the period of time
that funds would be used to operate the system (e.g., one year). This
section should also include any needed timelines for tribal council
project approvals, if applicable.
h. Budget: Provide a detailed budget for each proposed purpose,
noting the Federal amount requested and any additional funds that will
be used. An Indian tribe may use up to fifteen percent of a grant award
for capital projects for specific project-related planning and
administration, and the indirect cost rate may not exceed ten percent
(if necessary, add as an attachment) of the total amount requested/
awarded. Indian tribes must also provide their annual operating budget
as an attachment or under the ``Financial Commitment and Operating
Capacity'' section of the supplemental form.
i. Technical, Legal, Financial Capacity: Applicants must be able to
demonstrate adequate technical, legal, and financial capacity to be
considered for funding. Every proposal MUST describe this capacity to
implement the proposed project.
1. Technical Capacity: Provide examples of management of other
Federal projects, including previously funded FTA projects and/or
similar types of projects for which funding is being requested.
Describe the resources available to implement the proposed transit
project.
2. Legal Capacity: Provide documentation or other evidence to
demonstrate status as a federally recognized Indian tribe. Further,
demonstrate evidence of an authorized representative with authority to
bind the applicant and execute legal agreements with FTA. If applying
for capital or operating funds, identify whether appropriate Federal or
State operating authority exists.
3. Financial Capacity: Provide documentation or other evidence
demonstrating current adequate financial systems to receive and manage
a Federal grant. Fully describe: (1) All financial systems and
controls; (2) other sources of funds currently managed; and (3) the
long-term financial capacity to maintain the proposed or existing
transit services.
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) Be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. These requirements do not apply if the applicant
has an exemption approved by FTA under Federal grants and agreements
law (2 CFR 25.110(d)). FTA may not make an award until the applicant
has complied with all applicable unique entity identifier and SAM
requirements. If an applicant has not fully complied with the
requirements by the time FTA is ready to make an award, FTA may
determine that the applicant is not qualified to receive an award and
use that determination as a basis for making a Federal award to another
applicant. Non-Federal entities that have received a Federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS)) to ensure registration
information is current and comply with federal requirements. Applicants
should reference 2 CFR 200.113, for more information.
FTA may not make an award until the applicant has complied with all
applicable unique entity identifier and SAM requirements. If an
applicant has not fully complied with the requirements by the time FTA
is ready to make an award, FTA may determine that the applicant is not
qualified to receive an award and use that determination as a basis for
making a Federal award to another applicant. SAM registration takes
approximately 3-5 business days, but FTA recommends allowing ample
time, up to several weeks, for completion of all steps. For additional
information on obtaining a unique entity identifier, please visit
www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern time on August 25, 2021. Mail and fax
submissions will not be accepted. Proposals submitted after the
deadline will only be considered under extraordinary circumstances not
under the applicant's control. Applications are time and date stamped
by GRANTS.GOV upon successful submission.
Within 48 hours after submitting an electronic application, the
applicant should receive an email message from GRANTS.GOV with
confirmation of successful transmission to GRANTS.GOV. If a notice of
failed validation or incomplete materials is received, the applicant
must address the reason for the failed validation, as described in the
email notice, and resubmit before the submission deadline. If making a
resubmission for any reason, include all original attachments
regardless of which attachments were updated and check the box on the
supplemental form indicating this is a resubmission.
5. Funding Restrictions
Funds must be used only for the specific purposes requested in the
application. Funds under this NOFO cannot be used to reimburse projects
for otherwise eligible expenses incurred prior to an FTA award under
this program. Refer to Section C.3., Eligible Projects, for information
on activities that are allowable in this grant program. Allowable
direct and indirect expenses must be consistent with the Governmentwide
Uniform Administrative Requirements and Cost Principles (2 CFR part
200) and FTA Circular 5010.
6. Other Submission Requirements
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 indicates 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
[[Page 28678]]
project budget would be affected by a reduced award. FTA may award a
lesser amount regardless of whether a scalable option is provided.
All applications must be submitted via the GRANTS.GOV website. FTA
does not accept applications on paper, by fax machine, email, or other
means. For information on application submission requirements, please
see Section D.1., Address to Request Application.
E. Application Review Information
1. Criteria
Proposals for capital and operating assistance projects will be
evaluated primarily on the responses provided in the supplemental form.
Additional information may be provided to support the responses;
however, any additional documentation must be directly referenced on
the supplemental form, including the file name where the additional
information can be found. Applications will be evaluated based on the
quality and extent to which the following evaluation criteria are
addressed.
(i.) Planning and Local/Regional Prioritization
Applications will be evaluated based on the degree to which the
applicant: (1) Describes how the proposed project was developed; (2)
demonstrates that a sound basis for the project exists; and (3)
demonstrates that the applicant is ready to implement the project if
funded. Information may vary depending upon how the planning process
for the project was conducted and what is being requested. Planning and
local/regional prioritization should:
a. Describe the planning document and/or the planning process
conducted to identify the proposed project;
b. Provide a detailed project description, including the proposed
service, vehicle and facility needs, and other pertinent
characteristics of the proposed or existing service implementation;
c. Identify existing transportation services in and near the
proposed service area, and document in detail whether the proposed
project will provide opportunities to coordinate service with existing
transit services, including human service agencies, intercity bus
services, or other public transit providers;
d. Discuss the level of support by the community and/or tribal
government for the proposed project;
e. Describe how the mobility and client-access needs of tribal
human services agencies were considered in the planning process;
f. Describe what opportunities for public participation were
provided in the planning process and how the proposed transit service
or existing service has been coordinated with transportation provided
for the clients of human services agencies, with intercity bus
transportation in the area, or with any other rural public transit
providers;
g. Describe how the proposed service complements rather than
duplicates any currently available services;
h. If the Tribe is already providing transit service, describe if
this project is included in the Tribe's transit asset management plan;
i. Describe the implementation schedule for the proposed project,
including time period, staffing, and procurement; and
j. Describe any other planning or coordination efforts not
mentioned above.
(ii.) Project Readiness
Applications will be evaluated on the degree to which the applicant
describes readiness to implement the project. The project readiness
factor involves assessing whether:
a. The project qualifies for a categorical exclusion (see 23 CFR
771.118), or the required environmental work has been initiated or
completed, for construction projects requiring an environmental
assessment or environmental impact statement under, among others, the
National Environmental Policy Act of 1969, as amended;
b. Project implementation plans are complete, including initial
design of facilities projects;
c. Project funds can be obligated and the project can be
implemented quickly, if selected; and
d. The applicant demonstrates the ability to carry out the proposed
project successfully.
(iii.) Demonstration of Need
Applications will be evaluated based on the degree to which the
applicant identifies the need for transit resources. In addition to
project-specific criteria, FTA will consider the project's impact on
service delivery and whether the project represents a one-time or
periodic need that cannot reasonably be funded from FTA program formula
allocations or State and/or local resources. FTA will evaluate how the
proposal demonstrates the transit needs of the Indian tribe as well as
how the proposed transit improvements or the new service will address
identified transit needs. Proposals should include information such as
destinations and services not currently accessible by transit; needs
for access to jobs or health care; safety enhancements; special needs
of elders or individuals with disabilities; behavioral health care
needs of youth; income-based community needs; or other mobility needs.
If an applicant received a planning grant in previous fiscal years, the
proposal should indicate the status of the planning study and how the
proposed project relates to that study.
Applicants applying for capital expansion or replacement projects
should also address the following factors in their proposal. If the
proposal is for capital funding associated with an expansion or
expanded service, the applicant should describe how current or growing
demand for the service necessitates the expansion (and therefore, more
capital) and/or the degree to how the project is addressing a current
capacity constraint. Capital replacement projects should include
information about the age, condition, and performance of the asset to
be replaced by the proposed project and/or how the replacement may be
necessary to maintain the transit system in a state of good repair.
(iv.) Demonstration of Benefits
Applications will be evaluated based on the degree to which the
applicant identifies expected or, in the case of existing service,
achieved project benefits. FTA is particularly interested in how these
investments will improve the quality of life for the tribe and
surrounding communities in which it is located. Applicants should
describe how the transportation service or capital investment will
provide greater access to employment opportunities, educational
centers, healthcare, or other needs that impact the quality of life for
the community, and how it is expected to improve the environment.
Possible examples include: Increased or sustained ridership and daily
trips; improved service; elimination of gaps in service; improved
operations and coordination; increased reliability; and other
applicable community benefits related to health care, education, the
economy, or the environment. Benefits can be demonstrated by
identifying the population of tribal members and non-tribal members in
the proposed project service area and estimating the number of daily
one-way trips the proposed transit service will provide or the actual
number of individual riders served. Applicants are encouraged to
consider qualitative and quantitative benefits to the Indian tribe and
to the surrounding communities that are meaningful to them.
[[Page 28679]]
Using the information provided under this criterion, FTA will rate
proposals based on the quality and extent to which they discuss the
following four factors:
a. The project's ability to improve transit efficiency or increase
ridership;
b. Whether the project will improve or maintain mobility, or
eliminate gaps in service for the Indian tribe;
c. Whether the project will improve or maintain access to important
destinations and services;
d. Any other qualitative benefits, such as greater access to jobs,
education, and health care services, and environmental considerations.
(v.) Financial Commitment and Technical, Legal, Financial and Operating
Capacity
Provision of a local match for the FY 2021 Tribal Transit Program
is not required. Applications that include a local match will not be
evaluated more favorably than those that do not. However, FTA is
interested in ensuring that projects that receive funding are
sustainable.
Applications must identify the source of local match (if any is
included) and any other funding sources used by the Indian tribe to
support proposed transit services, including human service
transportation funding, the Federal Highway Administration's Tribal
Transportation Program funding, or other FTA programs. If applicable,
the applicant also should describe how prior year Tribal Transit
Program funds were spent to date to support the service. Additionally,
Indian tribes applying to operate new services should provide a
sustainable funding plan that demonstrates how it intends to maintain
operations.
If applicable, FTA will consider any other resources the Indian
tribe will contribute to the project, including in-kind contributions,
commitments of support from local businesses, donations of land or
equipment, and human resources. The proposal should describe to what
extent the new project or funding for existing service leverages other
funding. Based upon the information provided, the proposals will be
rated on the extent to which the proposal demonstrates that:
a. Tribal Transit Program funding does not replace existing
funding;
b. The Indian tribe will provide non-financial support to the
project;
c. The Indian tribe is able to demonstrate a sustainable funding
plan; and
d. Project funds are used in coordination with other services for
efficient utilization of funds.
(vi.) Evaluation Criteria for Planning Proposals
For planning grants, the proposal must describe the need for and a
general scope of the proposed study. Applications will be evaluated
based on the degree to which the applicant addresses the following:
a. The tribe's long-term commitment to transit; and
b. The method used to implement the proposed study and/or further
tribal transit.
2. Review and Selection Process
An FTA technical evaluation committee will review proposals under
the project evaluation criteria. Members of the technical evaluation
committee and other involved FTA staff reserve the right to screen the
applications, and seek clarification about any statement in an
application. After consideration of the findings of the technical
evaluation committee, the FTA Administrator will determine the final
selection and amount of funding for each project. Geographic diversity
and the applicant's receipt and management of other Federal transit
funds may be considered in FTA's award decisions.
After applying the above criteria, in support of the President's
January 20, 2021 Executive Order on Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis and the
President's January 27, 2021 Executive Order on Tackling the Climate
Crisis at Home and Abroad, and to assist in promoting environmental
justice, the FTA Administrator will give priority consideration to
applications that are expected to create significant community benefits
relating to the environment.
3. FAPIIS Check
Prior to making an award, FTA is required to review and consider
any information about the applicant that is in the Federal Awardee
Performance and Integrity Information Systems accessible through SAM.
An applicant may review and comment on any information about itself
that a Federal awarding agency previously entered. FTA will consider
any comments by the applicant, in addition to the other information in
the designated integrity and performance system, 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 as described in the Office of Management and
Budget's Uniform Requirements for Federal Awards (2 CFR 200.206).
F. Federal Award Administration Information
1. Federal Award Notice
FTA will publish a list of the selected projects, including Federal
dollar amounts and award recipients, on FTA's website. Project
recipients should contact their FTA Regional Offices and tribal liaison
for information about setting up grants in FTA's Transit Award
Management System (TrAMS). At the time the project selections are
announced, FTA will extend pre-award authority for the selected
projects. There is no blanket pre-award authority for these projects
before announcement.
There is no minimum or maximum grant award amount for operating and
capital projects. Planning projects do not have a minimum grant award
amount but will not receive an award of more than $25,000.
FTA intends to fund as many meritorious projects as possible. Only
proposals from eligible recipients for eligible activities will be
considered for funding. Due to funding limitations, applicants that are
selected for funding may receive less than the amount originally
requested. In those cases, applicants must be able to demonstrate that
the proposed projects are still viable and can be completed with the
amount awarded.
Successful proposals will be awarded through FTA's TrAMS as grant
agreements. The appropriate FTA Regional Office and tribal liaison will
manage project agreements.
2. Administrative and National Policy Requirements
a. Pre-Award Authority
FTA will issue specific guidance to recipients regarding pre-award
authority at the time of selection. FTA does not provide pre-award
authority for competitive funds until projects are selected, and even
then, there are Federal requirements that must be met before costs are
incurred. For more information about FTA's policy on pre-award
authority, please see the most recent Apportionment Notice at https://www.transit.dot.gov.
b. Grant Requirements
Except as otherwise provided in this NOFO, Tribal Transit Program
grants are subject to the requirements of 49 U.S.C. 5311(c)(1) as
described in the latest FTA Circular 9040 for the Formula Grants for
Rural Areas Program. If the Department determines that a recipient has
failed to comply with applicable Federal requirements, the Department
may terminate the award of funds and
[[Page 28680]]
disallow previously incurred costs, requiring the recipient to
reimburse any expended award funds. All recipients must also follow the
Award Management Requirements (FTA Circular 5010). Technical assistance
regarding these requirements is available from each FTA regional
office.
c. Buy America
FTA requires that all capital procurements meet FTA's Buy America
requirements (49 U.S.C. 5323(j) and 49 CFR part 661), which require
that all iron, steel, or manufactured products be produced in the
United States. Federal public transportation law provided for a phased
increase in the domestic content for rolling stock between FY 2016 and
FY 2020. For FY 2020 and beyond, the cost of components and
subcomponents produced in the United States must be more than 70
percent of the cost of all components. There is no change to the
requirement that final assembly of rolling stock must occur in the
United States. FTA issued guidance on the implementation of the phased
increase in domestic content on September 1, 2016 (81 FR 60278).
Applicants should read the policy guidance carefully to determine the
applicable domestic content requirement for their project. Any proposal
that will require a waiver must identify in the application the items
for which a waiver will be sought. Applicants should not proceed with
the expectation that waivers will be granted.
d. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital, and/
or operating assistance that will award prime contracts exceeding
$250,000 in FTA funds in a Federal fiscal year comply with Department
of Transportation Disadvantaged Business Enterprise (DBE) program
regulations (49 CFR part 26). Applicants should expect to include any
funds awarded, excluding those to be used for vehicle procurements, in
setting their overall DBE goal. Note, however, that projects including
vehicle procurements remain subject to the DBE program regulations. The
rule requires that, prior to bidding on any FTA-assisted vehicle
procurement, entities that manufacture vehicles, or perform post-
production alterations or retrofitting, must submit a DBE program plan
and goal methodology to FTA. Further, to the extent that a vehicle
remanufacturer is responding to a solicitation for new or
remanufactured vehicles with a vehicle to which the remanufacturer has
provided post-production alterations or retrofitting (e.g., replacing
major components such as an engine to provide a ``like new'' vehicle),
the vehicle remanufacturer is considered a transit vehicle manufacturer
and must also comply with the DBE regulations.
FTA will then issue a transit vehicle manufacturer (TVM)
concurrence/certification letter. Grant recipients must verify each
entity's compliance with these requirements before accepting its bid. A
list of compliant, certified TVMs is posted on FTA's web page at
https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers. Please note that this list is
nonexclusive, and recipients must contact FTA before accepting bids
from entities not listed on this web-posting. Recipients may also
establish project-specific DBE goals for vehicle procurements. FTA will
provide additional guidance as grants are awarded. For more information
on DBE requirements, please contact Scheryl Portee, Office of the Chief
Counsel, 202-366-0840, email: scheryl.portee@dot.gov.
e. Standard Assurances
The applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FTA
circulars, and other Federal administrative requirements in carrying
out any project supported by the FTA grant. The applicant acknowledges
that it is under a continuing obligation to comply with the terms and
conditions of the grant agreement issued for its project with FTA. The
applicant understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and may
affect the implementation of the project. The applicant agrees that the
most recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances before receiving a grant if it does not
have current certifications on file.
3. Reporting
The post-award reporting requirements include submission of the
Federal Financial Report (FFR) and Milestone Progress Report in TrAMS,
and FTA's National Transit Database (NTD) reporting as appropriate (see
FTA Circular 9040). Reports to TrAMS and NTD are due annually.
Applicants should include any goals, targets, and indicators referenced
in their application to the project in the Executive Summary of the
TrAMS application.
As part of completing the annual certifications and assurances
required of FTA grant recipients, a successful applicant must report on
the suspension or debarment status of itself and its principals. If the
award recipient's active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
an award made pursuant to this Notice, the recipient must comply with
the Recipient Integrity and Performance Matters reporting requirements
described in Appendix XII to 2 CFR part 200.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact
Jacarl Melton, Office of Program Management, (202) 366-2269, or email:
TribalTransit@dot.gov. A TDD is available at 1-800-877-8339 (TDD/FIRS).
H. Other Information
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.'' FTA will consider
applications for funding only from eligible recipients for eligible
projects listed in Section C of this Notice.
Additionally, to assist tribes with understanding requirements
under the Tribal Transit Program, FTA has conducted Tribal Transit
Technical Assistance Workshops. FTA has expanded its technical
assistance to tribes receiving funds under this program. Through the
Tribal Transit Technical Assistance Assessments Initiative, FTA
collaborates with Tribal Transit Leaders to review processes and
identify areas in need of improvement, and then assists to offer
solutions to address these needs--all in a supportive and mutually
beneficial manner that results in technical assistance. FTA has
completed over fifty assessments to date. These assessments include
discussions of compliance areas pursuant to the Master Agreement, a
site visit, promising practices reviews, and technical assistance from
FTA and its contractors. These workshops and assessments have received
excellent feedback from Tribal Transit Leaders and provided FTA with
invaluable opportunities to learn more about Tribal Transit Leaders'
perspectives and better honor the sovereignty of tribal nations.
FTA will post information about upcoming workshops to its website
and will disseminate information about the assessments through its
regional offices. Contact information for FTA's regional
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offices can be found on FTA's website at www.transit.dot.gov.
Applicants may also receive technical assistance by contacting
their FTA regional Tribal Liaison. A list of Tribal Liaisons is
available on FTA's website at www.transit.dot.gov.
If awarded, grant funding made available through this program may
be included in a Tribal Transportation Self-Governance funding
agreement if there is an existing Self-Governance compact in place
between the Tribe and the U.S. Department of Transportation. If funds
are transferred to a Tribal Self-Governance funding agreement, the
funds will be subject to the requirements and provisions of the Tribal
Transportation Self-Governance Program regulation at 49 CFR part 29 and
may be used only for the purpose for which they were awarded.
Nuria I. Fernandez,
Deputy Administrator.
[FR Doc. 2021-11197 Filed 5-26-21; 8:45 am]
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