FY 2023 Competitive Funding Opportunity: Public Transportation on Indian Reservations Program; Tribal Transit Program

FY 2023 Competitive Funding Opportunity: Public Transportation on Indian Reservations Program; Tribal Transit Program

Publication: Federal Register
Agency: Federal Transit Administration
Byline: Nuria I. Fernandez
Date: 28 March 2023
Subject: American Government

[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18364-18371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06378]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

FY 2023 Competitive Funding Opportunity: Public Transportation on
Indian Reservations Program; Tribal Transit Program

AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO).

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $8,935,753 in competitive grants for the
Fiscal Year (FY) 2023 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, 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 June 26, 2023.
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.

ADDRESSES: Instructions for applying can be found on FTA's website at
https://www.transit.dot.gov/howtoapply and in the ``FIND'' module of
GRANTS.GOV. The funding opportunity ID is FTA-2023-010-TPM-Tribal. Mail
and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: Elan Flippin, Office of Program
Management, (202) 366-3800 or email TribalTransit@dot.gov. A TDD is
available at 1-800-877-8339 (TDD/FIRS).

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)(2)(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 investments that
(1) enhance safety, (2) renew our transit systems; (3) reduce
greenhouse gas emissions in the public transportation sector, (4)
improve equity, and (5) connect communities. This program also supports
the President's Building a Better America initiative to mobilize
American ingenuity to build a modern infrastructure and an equitable,
clean energy future. Investments made in tribal communities through
this program will also advance the Department of Transportation's
Justice40 Initiative, created by Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86 FR 7619). For purposes of
Justice40, all Tribal areas are considered to be disadvantaged
communities. In addition, FTA seeks to fund projects under the Tribal
Transit Program that reduce greenhouse gas emissions in the
transportation sector, incorporate evidence-based climate resilience
measures and features, reduce the lifecycle greenhouse gas emissions
from the project materials, and avoid adverse environmental impacts to
air or water quality, wetlands, and endangered species, and address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities, consistent with Executive Order 14008.
Furthermore, the Tribal Transit Program and this NOFO will advance
the goals of Executive Order 13985 on Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009).
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 (Section 5311 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) and (49
U.S.C. 5311(c)(1)(A), as amended by the Infrastructure Investment and
Jobs Act (Pub. L. 117-58, the ``Bipartisan Infrastructure Law'' or
``BIL'')) authorizes, and the Consolidated Appropriations Act, 2023
(Pub. L. 117-328) appropriates $8,935,753 in FY 2023 for competitive
grants under the Tribal Transit Program. Additional funds made
available prior to project selection may be allocated to eligible
projects.
FTA will set a $25,000 cap on planning grant awards, and FTA has
discretion to cap capital and operating awards. 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.
In FY 2022, the program received applications for 47 eligible
projects requesting a total of $18,060,946.

[[Page 18365]]

Twenty-five projects were funded to 25 Tribes at a total of $8,635,124.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2023 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).
This list can be found at: https://www.bia.gov/service/tribal-leaders-directory/federally-recognized-tribes. 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 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 identified in the most recent decennial
census), so long as rural areas are also served. For purposes of this
funding opportunity, eligible service areas are rural areas as defined
under the 2010 census.

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 Chapter 53 of Title 49, 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. Amounts appropriated or otherwise made available to a
department or agency of the Government that are eligible to be expended
for transportation, including amounts made available to carry out the
Federal Lands Highway Program established by Section 204 of Title 23
are eligible sources of local match. Transportation development credits
or in-kind match may be used for local match if identified and
documented in the application. More information about eligible sources
of local match can be found in FTA Circular 9040.1G, available on the
FTA website.

3. Eligible Projects

Eligible projects include any purpose eligible under FTA's Formula
Grants for Rural Areas Program, 49 U.S.C. 5311, including public
transportation planning, capital, or operating expenses.
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. Specific types
of projects include: capital investment for start-ups, replacement, or
expansion needs; operating assistance; and planning projects up to
$25,000. Applications that include requests for more than one project
type must identify the specific funds requested for each project type
(planning, capital, or operating).
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 https://www.fta.dot.gov/howtoapply along with specific
instructions for the forms and attachments required for submission.

2. Content and Form of Application Submission

(i) Proposal Submission
Applications must be submitted electronically through GRANTS.GOV.
Mail and fax submissions will not be accepted. A complete proposal
submission consists of two forms and their supporting attachments: the
SF-424 Application for Federal Assistance (available at GRANTS.GOV) and
the supplemental form for the FY 2023 Tribal Transit Program (available
for download at 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. 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 Section 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, if applicable, 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. Applicants
should enter their information in the supplemental form (fillable PDF)
that is made available on FTA's website or through the GRANTS.GOV
application package and should attach this to the application in its
original format. Applicants should not use scanned versions of the
form, ``print'' the form to PDF, convert or create a version using
another text

[[Page 18366]]

editor, etc. Complete instructions on the application process can be
found at https://www.transit.dot.gov/howtoapply.
(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. Unique Entity ID (UEI) assigned by SAM.gov.
c. Contact information including: Contact name, title, address,
phone number, and email address.
d. Congressional district(s) where project will take place.
e. Description of public transportation services, including areas
currently served by the Tribe, if any.
f. Name of person(s) authorized to apply on applicant's behalf
(must accompany the proposal with a signed transmittal letter).
g. 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.
h. 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.
i. Budget: Provide a detailed budget for each proposed purpose,
noting the Federal amount requested and any additional funds that will
be used. Project budgets should show how different funding sources will
share in each activity and present those data in dollars and
percentages. The budget should identify other Federal funds the
applicant is applying for or has been awarded, if any, that the
applicant intends to use. If applying for more than one project type
(planning, capital, or operating), please specify the total amount of
funds requested for each project type. An Indian Tribe may use up to
fifteen percent of a grant award for capital projects for specific
project-related planning and administration. The indirect cost rate may
not exceed ten percent of the total amount 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.
j. 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 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.
k. Address all the applicable criteria and priority considerations
identified in Section E.

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
is excepted from registration by FTA or the U.S. Office of Management
and Budget under 2 CFR 25.110. 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.
All applicants must provide a unique entity identifier provided by
SAM. SAM registration takes approximately 3-5 business days, but since
there could be unexpected steps or delays (for example, if there is a
need to obtain an Employer Identification Number), 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 https://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 June 26, 2023. 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. Mail and fax submissions will not be accepted.
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.
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, except under extraordinary circumstances not under
the applicant's control. GRANTS.GOV scheduled maintenance and outage
times are announced on the GRANTS.GOV website at https://www.GRANTS.GOV. The deadline will

[[Page 18367]]

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 that 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. For example, (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.

5. Funding Restrictions

Funds must be used only for the specific purposes requested in the
application and described in the resulting award. Funds under this NOFO
cannot be used to reimburse projects for otherwise eligible expenses
incurred prior to an FTA award under this program or until FTA has
issued pre-award authority for selected projects. FTA will issue pre-
award authority to incur costs for selected projects beginning on the
date that project selections are announced. 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. FTA will issue specific guidance to selectees regarding
pre-award authority at the time of selection. For more information
about FTA's policy on pre-award authority, please see the most recent
Apportionment Notice on FTA's website. 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 200) and FTA Circular 5010.1E.

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 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 Package.
The Department may share application information within the
Department or with other Federal agencies if the Department determines
that sharing is relevant to the respective program's objectives.

E. Application Review Information

1. Criteria

A. Criteria for Capital and Operating Assistance Projects
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. Applications will be evaluated based on the degree to which
the applicant describes how the proposed project was developed;
demonstrates that a sound basis for the project exists; and
demonstrates that the applicant is ready to implement the project if
funded.
(i). Planning and Local/Regional Prioritization
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 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 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;
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 other laws,
the National Environmental Policy Act of 1969;
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 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

[[Page 18368]]

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.
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) or the degree to which the project will
address 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 or how the replacement
is 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 applications for
operating assistance for 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.
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 2023 Tribal Transit
Competitive 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.
B. 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. FTA may 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 14008, Tackling the Climate Crisis at
Home and Abroad, FTA will give priority consideration to applications
that are expected to create significant community benefits relating to
the environment, including those projects that incorporate low or no
emission technology or specific elements to address greenhouse gas
emissions and climate change impacts. FTA encourages applicants to
demonstrate whether they have considered climate change and
environmental justice in terms of the transportation planning process
or anticipated design components with outcomes that address climate
change (e.g., resilience or adaptation measures). In particular,
applicants may address how the project reduces greenhouse gas emissions
in the transportation sector, incorporates evidence-based climate
resilience measures and features, and reduces the lifecycle greenhouse
gas emissions from the project materials. Applicants also may address
the extent to which the project avoids adverse environmental impacts to
air or water quality, wetlands, and endangered species, as well as
address disproportionate negative impacts of climate change and
pollution on disadvantaged communities, including natural disasters,
with a focus on prevention, response, and recovery.
FTA intends to fund as many meritorious projects as possible. Only
proposals from eligible recipients for eligible activities will be
considered for

[[Page 18369]]

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.

3. Integrity and Performance Review

Prior to making an award with a total amount of Federal share
greater than the simplified acquisition threshold (currently $250,000),
FTA is required to review and consider any information about the
applicant that is in the designated integrity and performance system
accessible through SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS)). An applicant may review and
comment on any information about itself that a Federal awarding agency
previously entered into FAPIIS. FTA will consider any 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 as described in the 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. If selected,
awardees will apply for a grant through FTA's Transit Award Management
System (TrAMS). The appropriate FTA Regional Office and Tribal Liaison
will manage project agreements. Project recipients should contact their
FTA Regional Offices and Tribal Liaison for information about setting
up grants in FTA's TrAMS.

2. Administrative and National Policy Requirements

a. Pre-Award Authority
FTA will issue specific guidance to recipients regarding pre-award
authority at the time the project selections are announced. There is no
blanket pre-award authority for these projects before announcement. 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/funding/apportionments/current-apportionments.
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 FTA Circular 9040.1G for the Formula Grants for Rural
Areas Program, and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards at 2 CFR part
200. All recipients must also follow the Award Management Requirements
(FTA Circular 5010.1E). Recipients of capital assistance grants are
required to either develop a Transit Asset Management Plan in
compliance with 49 CFR part 625 or else to participate in a compliant
group TAM Plan sponsored by a State DOT or other eligible entity (see
https://www.transit.dot.gov/TAM/Tribes for more information). Technical
assistance regarding these requirements is available from each FTA
regional office.
c. Buy America and Domestic Preferences for Infrastructure Projects
As expressed in Executive Order 14005, `Ensuring the Future Is Made
in All of America by All of America's Workers' (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. All capital procurements must comply with FTA's Buy
America requirements (49 U.S.C. 5323(j)), which require that all iron,
steel, and manufactured products be produced in the United States, and
impose minimum domestic content and final assembly requirements for
rolling stock. The cost of rolling stock components and subcomponents
produced in the United States must be more than 70 percent of the cost
of all components, and final assembly of rolling stock must occur in
the United States. In addition, any award must comply with the Build
America, Buy America Act (BABA) (Pub. L. 117-58, sections 70901-27).
BABA provides that none of the funds provided under an award made
pursuant to this notice may be used for a project unless all iron,
steel, manufactured products, and construction materials are produced
in the United States. FTA's Buy America requirements are consistent
with BABA requirements for iron, steel, and manufactured products.
Any proposal that will require a waiver must identify the items for
which a waiver will be sought in the application. Applicants should not
proceed with the expectation that waivers will be granted.
d. Disadvantaged Business Enterprise
Recipients of planning, capital, or operating assistance that will
award prime contracts (excluding transit vehicle purchases), the
cumulative total of which exceeds $250,000 in FTA funds in a Federal
fiscal year, must comply with the Disadvantaged Business Enterprise
(DBE) program regulations (49 CFR part 26).
To be eligible to bid on any FTA-assisted transit vehicle
procurement, entities that manufacture transit vehicles or perform
post-production alterations or retrofitting must be certified Transit
Vehicle Manufacturers (TVM). If 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 engine to
provide a ``like new'' vehicle), the vehicle remanufacturer must be a
certified TVM.
The TVM rule requires that, prior to bidding on any FTA-assisted
vehicle procurement, manufacturers of transit vehicles submit a DBE
Program plan and annual goal methodology to FTA. FTA then will issue a
TVM concurrence and certification letter. Grant recipients must verify
each manufacturer's TVM status before accepting its bid. A list of
compliant, certified TVMs is posted on FTA's website at https://www.transit.dot.gov/TVM. Recipients should contact FTA before accepting
a bid from a manufacturer not on this list. In lieu of using a
certified TVM, a recipient may establish project-specific DBE goals for
its vehicle procurement. FTA will provide additional guidance as grants
are awarded. For more information on DBE requirements, please contact
Monica McCallum, FTA Office of Civil Rights, 206-220-7519,
Monica.McCallum@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

[[Page 18370]]

affect the implementation of the project. The applicant agrees that the
most current 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.
f. Autonomous Vehicles
If an applicant is proposing to deploy autonomous vehicles or other
innovative motor vehicle technology, the application should demonstrate
that all vehicles will comply with applicable safety requirements,
including those administered by the National Highway Traffic Safety
Administration (NHTSA) and Federal Motor Carrier Safety Administration
(FMCSA). Specifically, the application should show that vehicles
acquired for the proposed project will comply with applicable Federal
Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety
Regulations (FMCSR). If the vehicles may not comply, the application
should either (1) show that the vehicles and their proposed operations
are within the scope of an exemption or waiver that has already been
granted by NHTSA, FMCSA, or both agencies, or (2) directly address
whether the project will require exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if the project will require
exemptions or waivers, present a plan for obtaining them.
g. Federal Contract Compliance
As a condition of 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.

3. Reporting

Post-award reporting requirements include submission of the Federal
Financial Report (FFR) and Milestone Progress Report (MPR) in TrAMS,
and FTA's National Transit Database (NTD) reporting as appropriate (see
FTA Circular 9040.1G). 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.
FTA is committed to making evidence-based decisions guided by the
best available science and data. In accordance with the Foundations for
Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use
information submitted in discretionary funding applications;
information in FTA's Transit Award Management System (TrAMS), including
grant applications, Milestone Progress Reports (MPRs), Federal
Financial Reports (FFRs); transit service, ridership and operational
data submitted in FTA's National Transit Database; documentation and
results of FTA oversight reviews, including triennial and state
management reviews; and other publicly available sources of data to
build evidence to support policy, budget, operational, regulatory, and
management processes and decisions affecting FTA's grant programs.
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 exceed
$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 Elan
Flippin, Office of Program Management, (202) 366-3800, or email:
TribalTransit@dot.gov. A TDD is available at 1-800-877-8339 (TDD/FIRS).

H. Other Information

User-friendly information and resources regarding DOT's competitive
grant programs relevant to rural applicants can be found on the Rural
Opportunities to Use Transportation for Economic Success (ROUTES)
website at https://www.transportation.gov/rural. Information about FTA
programs that is specific to Tribes can be found on FTA's Tribal
Governments landing page at https://www.transit.dot.gov/funding/tribal-governments.
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.
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 methodologies that are accepted by industry practice and
standards, to the extent possible. If an applicant submits information
the applicant considers to be a trade secret or confidential commercial
or financial information, the applicant must provide that information
in a separate document, which the applicant may reference from the
application narrative or other portions of the application. For the
separate document containing confidential information, the applicant
must do the following: (1) state on the cover of that document that it
``Contains Confidential Business Information (CBI)''; (2) mark each
page that contains confidential information with ``CBI''; (3) highlight
or otherwise denote the confidential content on each page; and (4) at
the end of the document, explain how disclosure of the confidential
information would cause substantial competitive harm. FTA will protect
confidential information complying with these requirements to the
extent required under applicable law. If FTA receives a Freedom of
Information Act (FOIA) request for the information that the applicant
has marked in accordance with this section, FTA will follow the
procedures described in DOT's FOIA regulations at 49 CFR part 7. Only
information that is in the separate document, marked in accordance with
this section, and ultimately determined to be confidential under Sec.
7.29 will be exempt from disclosure under FOIA.
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 recipients 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. 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

[[Page 18371]]

assessments have received excellent feedback from Tribal Transit
grantees and provided FTA with invaluable opportunities to learn more
about Tribe's 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 offices can be
found on FTA's website at https://www.transit.dot.gov/about/regional-offices/regional-offices.
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 https://www.transit.dot.gov/funding/grants/federal-transit-administrations-regional-tribal-liaisons.
Additionally, FTA plans to expand its technical assistance efforts
and collaboration opportunities with Tribes through formal consultation
to take place this year.
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 administered under 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,
Administrator.
[FR Doc. 2023-06378 Filed 3-27-23; 8:45 am]
BILLING CODE 4910-57-P