[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Notices]
[Pages 32069-32075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11336]



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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2022 Competitive Funding Opportunity: Pilot Program for 
Transit-Oriented Development Planning

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

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for $13,160,021 in Fiscal Year (FY) 2021 and FY 
2022 funding under the Pilot Program for Transit-Oriented Development 
Planning (TOD Pilot Program). As required by Federal public 
transportation law and subject to funding availability, funds will be 
awarded competitively to support comprehensive planning or site-
specific planning associated with new fixed guideway and core capacity 
improvement projects. FTA may award additional funding that is made 
available to the TOD Pilot 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. July 25, 2022. Any 
applicant intending to apply should initiate the process by registering 
on the Grants.Gov website immediately to ensure completion of 
registration before the submission deadline. Instructions for applying 
can be found on FTA's website at https://www.transit.dot.gov/TODPilot 
and in the ``FIND'' module of GRANTS.GOV. The GRANTS.GOV funding 
opportunity ID is FTA-2022-004-TPE-TODP. Mail and fax submissions will 
not be accepted.

FOR FURTHER INFORMATION CONTACT: April McLean-McCoy, FTA Office of 
Planning and Environment, (202) 366-7429, or [email protected]. 
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

    Section 20005(b) of the Moving Ahead for Progress in the 21st 
Century Act (MAP-21; Pub. L. 112-141, July 6, 2012), with funding 
authorized by 49 U.S.C. 5338(a)(2)(B), and section 30009 of the 
Bipartisan Infrastructure Law, enacted as the Infrastructure Investment 
and Jobs Act (Pub. L. 117-58), authorizes FTA to award grants under the 
TOD Pilot Program. This funding opportunity is occurring under Federal 
Assistance Listing number 20.500.
    This program supports FTA's strategic goals and objectives through 
the timely and efficient investment in public transportation. The TOD 
Pilot Program grants are competitively awarded to local communities to 
integrate land use and transportation planning with a new fixed 
guideway or core capacity improvement transit capital project as 
defined in Federal public transportation law (49 U.S.C. 5309(a)). (See 
Section C of this NOFO for more information about eligibility.) The TOD 
Pilot Program supports the President's efforts to mobilize American 
ingenuity to build a modern infrastructure and an equitable future. In 
addition, through promotion of increased transportation access to 
environmental justice populations, equity-focused community outreach 
and public engagement of underserved communities and adoption of 
equity-focused policies, reduction of greenhouse gas emissions, and 
addressing the effects of climate change, the TOD Program and this NOFO 
advance the goals of Executive Order 13985: Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government; 
Executive Order 13900: Protecting Public Health and the Environment and 
Restoring Science to Tackle Climate Crisis; and Executive Order 14008: 
Tackling the Climate Crisis at Home and Abroad. Additionally, in 
support of the Federal House America Initiative led by the Department 
of Housing and Urban Development, DOT, through this NOFO, is reviewing 
opportunities to prioritize TOD planning grants in areas of high 
incidence rates of homelessness, in the hope of providing opportunities 
for localities to address homelessness holistically through their 
planning processes.
    The TOD Pilot Program intends to fund comprehensive planning that 
supports economic development, increased transit ridership and value 
capture multimodal connectivity, accessibility, increased transit 
access for pedestrian and bicycle traffic, and mixed-use and mixed-
income development near transit stations; delivers 40 percent of the 
overall benefits of the planning work to Historically Disadvantaged 
Communities (defined below); and addresses climate change, challenges 
facing environmental justice populations, and homelessness. The TOD 
Pilot Program also encourages the identification of infrastructure 
needs and engagement with the private sector.
    FTA is seeking comprehensive or site-specific planning projects 
that cover an entire transit capital project corridor. To ensure that 
any proposed planning work both reflects the needs and aspirations of 
the local community and results in concrete, specific deliverables and 
outcomes, transit project sponsors must partner with entities with land 
use planning authority in the transit project corridor to conduct the 
planning work.

B. Federal Award Information

    FTA intends to award all available funding in the form of grants to 
selected applicants responding to this NOFO. A total of $13,160,021 
will be made available through this NOFO. The authorized funding level 
in the Bipartisan Infrastructure Law is $13,157,184 in Fiscal Year (FY) 
2022 funds and $2,837 remaining from the FY 2021 appropriation. 
Additional funds made available prior to project selection may be 
allocated to eligible projects. 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 and are thus encouraged to 
identify a scaled funding request in their application.
    In response to the last NOFO that closed on June 21, 2021, the TOD 
Pilot Program received applications for 24 eligible projects requesting 
a total of $16,401,500. Of the 24 eligible applications received, (20) 
projects were funded at a total of $11,026,500.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date FY 2022 project selections are announced 
on FTA's website. Funds are available for obligation for four 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

    Applicants to the TOD Pilot Program must be a State or States, U.S. 
Territory, or local governmental authorities and FTA grant recipient 
(i.e., existing direct or designated recipients) as of the publication 
date of this NOFO. An applicant must be the project sponsor of an 
eligible transit capital project as

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defined below in Section C, subsection 3, or an entity with land use 
planning authority in the project corridor of an eligible transit 
capital project. Except in cases where an applicant is both the sponsor 
of an eligible transit project and has land use authority in at least a 
portion of the transit project corridor, the applicant must partner 
with the relevant transit project sponsor or at least one entity in the 
project corridor with land use planning authority. Documentation of 
this partnership must be included with the application; see Section D, 
subsection 2 of this NOFO for further information.
    Only one application per transit capital project corridor may be 
submitted to FTA. Multiple applications submitted for a single transit 
capital project corridor indicate that partnerships are not in place, 
and FTA may reject all of the applications. FTA will accept multiple 
applications for the same corridor if each application is a site-
specific application, the applications are submitted by separate 
applicants with different land-use authorities, and a given application 
does not overlap with any other application that would cover the same 
site.

2. Cost Sharing or Matching

    The maximum Federal funding share is 80 percent.
    Eligible sources of non-Federal match include the following: Cash 
from non-Federal 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; or new funding. In-kind 
contributions are permitted. Transportation Development Credits 
(formerly referred to as Toll Revenue Credits) may not be used to 
satisfy the non-Federal match requirement.

3. Other Eligibility Criteria

i. Eligible Transit Projects
    Any comprehensive or site-specific planning work proposed for 
funding under the TOD Pilot Program must be associated with an eligible 
transit capital project. To be eligible, the proposed transit capital 
project must be a new fixed guideway project or a core capacity 
improvement project, as defined by Federal public transportation law 
(49 U.S.C. 5302(8)).
    A fixed guideway is a public transportation facility:
    (A) Using and occupying a separate right-of-way for the exclusive 
use of public transportation;
    (B) using rail;
    (C) using a fixed catenary system;
    (D) for a passenger ferry system; or
    (E) for a bus rapid transit system.
    A new fixed guideway capital project is defined in (49 U.S.C. 
5309(a)) to be:
    (A) A new fixed guideway project that is a minimum operable segment 
or extension to an existing fixed guideway system; or
    (B) a fixed guideway bus rapid transit project that is a minimum 
operable segment or an extension to an existing bus rapid transit 
system.
    A fixed guideway bus rapid transit project is defined in (49 U.S.C. 
5309(a)) as a bus capital project:
    (A) In which the majority of the project operates in a separated 
right-of-way dedicated for public transportation use during peak 
periods;
    (B) that represents a substantial investment in a single route in a 
defined corridor or subarea; and
    (C) that includes features that emulate the services provided by 
rail fixed guideway public transportation systems, including:
    (i) Defined stations;
    (ii) traffic signal priority for public transportation vehicles;
    (iii) short headway bidirectional services for a substantial part 
of weekdays and weekend days; and
    (iv) any other features the Secretary may determine are necessary 
to produce high-quality public transportation services that emulate the 
services provided by rail fixed guideway public transportation systems.
    A core capacity improvement project is defined by 49 U.S.C. 5309(a) 
to mean a substantial corridor-based capital investment in an existing 
fixed guideway system that increases the capacity of the corridor by 
not less than 10 percent. The term does not include project elements 
designed to maintain a state of good repair of the existing fixed 
guideway system.
    Comprehensive or site-specific planning work in a corridor for a 
transit capital project that does not meet the statutory definitions 
above of either a new fixed guideway project or a core capacity 
improvement project is not eligible under the TOD Pilot Program.
ii. Eligible Activities
    As outlined in the Application Review Information section below, 
any comprehensive or site-specific planning funded under the TOD Pilot 
Program must address all six factors set forth set in Section 
20005(b)(2) of MAP-21, as amended by section 30009 of the Bipartisan 
Infrastructure Law. Additionally, the comprehensive or site-specific 
planning effort must advance the metropolitan planning organization's 
metropolitan transportation plan. Applicants must establish performance 
criteria for the planning effort.
    The following are examples of the types of substantial deliverables 
that may result from the comprehensive or site-specific planning work. 
Substantial deliverables are reports, plans and other materials that 
represent the key accomplishments of the comprehensive planning effort 
and that must be submitted to FTA as each is completed. Substantial 
deliverables may include, but are not restricted to, the following:
    i. A comprehensive plan report that includes corridor development 
policies and station development plans comprising the corridor or the 
specific site, a proposed timeline, and recommended financing 
strategies for these plans;
    ii. A strategic plan report that includes corridor specific 
planning strategies and program recommendations to support 
comprehensive planning;
    iii. Revised TOD-focused zoning codes and/or resolutions;
    iv. A report evaluating and recommending financial tools to 
encourage TOD implementation such as land banking, value capture, and 
development financing;
    v. Policies to encourage TOD, including actions that reduce 
regulatory barriers that unnecessarily raise the costs of housing 
development or impede the development of affordable housing;
    vi. Policies to encourage TOD, including actions that increase 
access to environmental justice populations, reduces greenhouse gas 
emissions, and the effects of climate change, or
    vii. Local or regional resolutions to implement TOD plans and/or 
establish TOD funding mechanisms;
    viii. Policies to prioritize TOD in areas with high incidence rates 
of homelessness for localities to address homelessness holistically 
through their planning processes;
iii. Ineligible Activities
    FTA will not make awards for the following activities:
    i. Transit project development activities that would be 
reimbursable under an FTA capital grant, such as project planning, the 
design and engineering of stations and other facilities, environmental 
analyses needed for the transit capital project, or

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costs associated with specific joint development activities; and
    ii. Capital projects, such as land acquisition, construction, and 
utility relocation.

D. Application and Submission Information

1. Address To Request Application Package

    Applications must be submitted electronically through GRANTS.GOV. 
The application is only available on Grants.gov and must be submitted 
electronically through grants.gov. General information for submitting 
applications through GRANTS.GOV can be found at https://www.transit.dot.gov/howtoapply along with specific instructions for the 
forms and attachments required for submission. The Standard Form (SF) 
424, Application for Federal Assistance, which must be included with 
every application, can be downloaded from GRANTS.GOV. The supplemental 
form for the FY 2022 TOD Pilot Program can be downloaded from 
GRANTS.GOV or the FTA website at https://www.transit.dot.gov/TODPilot.

2. Content and Form of Application Submission

    Failure to submit information as requested can delay review or 
disqualify the application. Proposals must include a completed SF-424 
Mandatory form and the following attachments to the completed SF-424:
    i. A completed Applicant and Proposal Profile supplemental form for 
the TOD Pilot Program (supplemental form) found on the FTA website at 
https://www.transit.dot.gov/TODPilot. 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;
    ii. A map of the proposed study area showing the transit project 
alignment and stations, major roadways, major landmarks, and the 
geographic boundaries of the proposed comprehensive planning 
activities;
    iii. Documentation of a partnership between the transit project 
sponsor and an entity in the project corridor with land use planning 
authority to conduct the comprehensive planning work, if the applicant 
does not have both of these responsibilities. Documentation may consist 
of a memorandum of agreement or letter of intent signed by all parties 
that describes the parties' roles and responsibilities in the proposed 
comprehensive planning project; and
    iv. Documentation of any funding commitments for the proposed 
comprehensive or site-specific planning work.
    Information such as the applicant's name, Federal amount requested, 
local match amount, and description of the study area, are requested in 
varying degrees of detail on both the SF-424 form and supplemental 
form. Applicants must fill in all fields unless stated otherwise on the 
forms. Applicants should use both the ``Check Package for Errors'' and 
the ``Validate Form'' buttons on both forms to check all required 
fields and ensure that the Federal and local amounts specified are 
consistent. In the event of errors with the supplemental form, FTA 
recommends saving the form on your computer and ensuring that 
JavaScript is enabled in your PDF reader. The information listed below 
must be included on the SF-424 and supplemental forms for TOD Pilot 
Program funding applications.
    The SF-424 and supplemental form will prompt applicants to address 
the following items:
    1. Provide the name of the lead applicant and, if applicable, the 
specific co-sponsors submitting the application.
    2. Provide the applicant's Dun and Bradstreet Data Universal 
Numbering System (DUNS) number.
    3. Provide contact information including: Contact name, title, 
address, phone number, and email address.
    4. Specify the Congressional district(s) where the planning project 
will take place.
    5. Identify the project title and project scope to be funded, 
including anticipated substantial deliverables and the milestones at 
when they will be provided to FTA.
    6. Identify and describe an eligible transit project that meets the 
requirements of Section C, subsection 3 of this notice.
    7. Provide evidence of a partnership between the transit project 
sponsor and at least one agency with land use authority in the transit 
capital project corridor, as described earlier in this subsection.
    8. Address the six factors set forth in MAP-21 Section 20005(b)(2).
    9. Address each evaluation criterion separately, demonstrating how 
the project responds to each criterion as described in Section E.
    10. Provide a line-item budget for the total planning effort, with 
enough detail to indicate the various key components of the 
comprehensive planning project.
    11. Identify the Federal amount requested.
    12. Document the matching funds, including amount and source of the 
match (may include local or private sector financial participation in 
the project). Describe whether the matching funds are committed or 
planned and include documentation of the commitments.
    13. Provide explanation of the scalability of the project.
    14. Address whether other Federal funds have been sought or 
received for the comprehensive or site-specific planning project.
    15. Provide a schedule and process for the development of the 
comprehensive plan that includes anticipated dates for incorporating 
the planning work effort into the region's unified planning work 
program, completing major tasks and substantial deliverables, and 
completing the overall planning effort.
    16. Describe how the comprehensive or site-specific planning work 
advances the metropolitan transportation plan of the metropolitan 
planning organization.
    17. Propose performance criteria for the development and 
implementation of the comprehensive or site-specific planning work.
    18. Identify potential State, local or other impediments to the 
implementation of the comprehensive plan or site-specific plan, and how 
the work will address them.
    19. Describe how the comprehensive or site-specific planning work 
addresses climate change and elevates challenges facing environmental 
justice populations.
    20. Describe how the comprehensive or site-specific planning work 
allows 40 percent of the overall benefits to flow to Historically 
Disadvantaged Communities (defined below).
    21. Describe how the comprehensive or site-specific planning work 
prioritizes TOD plans in areas with high incidence rates of 
homelessness and addresses homelessness holistically through their 
planning processes.
    22. Describe how the comprehensive or site-specific planning work 
addresses the historic displacement of historically disadvantaged 
populations and how it seeks to mitigate the displacement or improve 
the conditions for populations at risk of displacement, if possible. In 
addition, how will local residents surrounding the comprehensive or 
site-specific planning work will include community engagement, 
especially those that have been historically excluded.
    23. Describe how the comprehensive or site-specific planning work 
includes value capture elements.
    24. Describe the community input process for your comprehensive or 
site-

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specific planning work, and identify infrastructure needs associated 
with the eligible project.
    25. Describe how the comprehensive or site-specific planning work 
incorporates affordable housing or other mixed-income elements.

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. 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. These requirements do not apply if the applicant is excepted 
from registration per 2 CFR 25.110. 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 http://www.GRANTS.GOV by 11:59 p.m. Eastern Time July 25, 2022. GRANTS.GOV 
attaches a time stamp to each application at the time of submission. 
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, email, and fax submissions will not be accepted.
    Within 48 hours after submitting an electronic application, the 
applicant should receive two email messages from GRANTS.GOV: (1) 
Confirmation of successful transmission to GRANTS.GOV; and (2) 
confirmation of successful validation by GRANTS.GOV. FTA will then 
validate the application and will attempt to notify any applicants 
whose applications could not be validated. If the applicant does not 
receive confirmation of successful validation or a notice of failed 
validation or incomplete materials, 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. An application that is submitted at 
the deadline and cannot be validated will be marked as incomplete, and 
such applicants will not receive additional time to re-submit.
    FTA urges applicants to submit their applications at least 96 hours 
prior to the due date to allow time to receive the validation messages 
and to correct any problems that may have caused a rejection 
notification. GRANTS.GOV scheduled maintenance and outage times are 
announced on the GRANTS.GOV website at http://www.GRANTS.GOV. Deadlines 
will not be extended due to scheduled maintenance or outages.
    Applicants are encouraged to begin the registration process 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 
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

    See Section C of this NOFO for detailed eligibility requirements. 
FTA emphasizes that any comprehensive or site-specific planning 
projects funded through the TOD Pilot Program must be associated with 
an eligible transit project, specifically a new fixed guideway project 
or a core capacity improvement project as defined in Federal transit 
statute, 49 U.S.C. 5309(a). Projects are not required to be funded 
through the Capital Investment Grant Program. 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 FTA's announcement of project selections and 
issuance of pre-award authority. 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 Government-wide Uniform Administrative Requirements 
and Cost Principles (2 CFR part 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 and Section D.4., 
Submission Dates and Times.
    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). The application should describe what specific climate change 
or environmental justice activities have been incorporated, including 
whether a project supports a Climate Action Plan, whether an equitable 
development plan has been prepared, and whether tools such as the 
Environmental Protection Agency's (EPA) EJSCREEN at: https://www.epa.gov/ejscreen or DOT's Historically Disadvantaged Community tool 
at: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a have been applied in project planning. 
Applicants could also address how a project is related to housing or 
land use reforms to increase density to reduce climate impacts. The 
application should also describe specific and direct ways the project 
will mitigate or reduce climate change impacts including any components 
that reduce emissions, promote energy efficiency, incorporate 
electrification or low emission or zero emission vehicle 
infrastructure, increase resiliency, recycle or redevelop existing 
infrastructure or if located in a floodplain be constructed or upgraded

[[Page 32073]]

consistent with the Federal Flood Risk Management Standard, to the 
extent consistent with current law.
    Applicants should identify any Environmental Justice (EJ) 
populations located within the proposed service area and describe 
anticipated benefits to that population(s) should the applicant receive 
a grant under this program. A formal EJ analysis that is typically 
included in transportation planning or environmental reviews is not 
requested.

E. Application Review Information

1. Criteria

    Project proposals 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.
a. Project Factors
    Whether the project funded under the TOD Pilot Program addresses 
all six factors set forth in Section 20005(b)(2) of MAP-21, as amended 
by section 30009 of the Bipartisan Infrastructure Law:
    i. Enhances economic development, ridership, and other goals 
established during the project development and engineering processes;
    ii. facilitates multimodal connectivity and accessibility;
    iii. increases access to transit hubs for pedestrian and bicycle 
traffic;
    iv. enables mixed-use development;
    v. identifies infrastructure needs associated with the eligible 
project; and
    vi. includes private sector participation.
b. Demonstrated Need
    FTA will evaluate each project to determine the need for funding 
based on the following factors:
    i. How the proposed work will advance TOD implementation in the 
corridor and region;
    ii. Justification as to why Federal funds are needed for the 
proposed work;
    iii. Extent to which the transit project corridor could benefit 
from TOD planning.
    iv. Extent to which TOD planning will address climate change and 
challenges facing environmental justice populations.
c. Strength of the Work Plan, Schedule and Process
    FTA will evaluate the strength of the work plan, schedule and 
process included in an application based on the following factors:
    i. Potential state, local or other impediments to the 
implementation of the comprehensive or site-specific plan, and how the 
workplan will address them;
    ii. Extent to which the schedule contains sufficient detail, 
identifies all steps needed to implement the work proposed, and is 
achievable;
    iii. The proportion of the project corridor covered by the work 
plan;
    iv. Extent of partnerships, including how community stakeholders 
will engage and consider the needs of those traditionally underserved 
by existing transportation systems, such as low-income and minority 
households, who may face challenges accessing employment and other 
services.
    v. The partnerships' technical capability to develop, adopt and 
implement the comprehensive plans, based on FTA's assessment of the 
applicant's description of the policy formation, implementation, and 
financial roles of the partners, and the roles and responsibilities of 
proposed staff;
    vi. Extent to which this TOD planning effort increases access for 
environmental justice populations and allows them to participate in 
this TOD planning effort;
    vii. Extent to which the comprehensive planning work will reduce 
greenhouse gas emissions and the effects of climate change;
    viii. How the performance measures identified in the application 
relate to the goals of the comprehensive planning work.
d. Funding Commitments
    FTA will assess the status of local matching funds for the planning 
work. Applications demonstrating that matching funds for the proposed 
comprehensive planning work are already committed will receive higher 
ratings from FTA on this factor. Proposed comprehensive planning 
projects for which matching funding sources have been identified, but 
are not yet committed, will be given lower ratings under this factor by 
FTA, as will proposed comprehensive planning projects for which in-kind 
contributions constitute the primary or sole source of match.

2. Review and Selection Process

    A technical evaluation committee will verify each proposal's 
eligibility and evaluate proposals based on the published evaluation 
criteria. FTA may request additional information from applicants, if 
necessary. Taking into consideration the findings of the technical 
evaluation committee, the FTA Administrator will determine the final 
selection of projects for program funding.
    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, the FTA 
Administrator will consider applications that may provide other air 
quality benefits as part of the application review. Applicants should 
identify any nonattainment or maintenance areas under the Clean Air Act 
in the proposed service area. Nonattainment or maintenance areas should 
be limited to the following applicable National Ambient Air Quality 
Standards criteria pollutants: Carbon monoxide, ozone, and particulate 
matter 2.5 and 10. The EPA's Green Book (available at https://www.epa.gov/green-book) is a publicly-available resource for 
nonattainment and maintenance area data. This consideration will 
further the goals of the Executive Order, including the goal to 
prioritize environment justice and historically disadvantaged 
communities.
    In further support of Executive Order 14008, FTA will give priority 
consideration to applications that create significant community 
benefits relating to the environment, including those projects that 
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). The 
application should describe what specific climate change or 
environmental justice activities have been incorporated, including 
whether a project supports a Climate Action Plan, whether an equitable 
development plan has been prepared, and whether tools such as EPA's 
EJSCREEN at: https://www.epa.gov/ejscreen or DOT's Historically 
Disadvantaged Community tool at: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a have been applied in 
project planning. Applicants should also address how a project is 
related to housing or land use reforms to increase density to reduce 
climate impacts. The application should also describe specific and 
direct ways the

[[Page 32074]]

project will mitigate or reduce climate change impacts including any 
components that reduce emissions, promote energy efficiency, 
incorporate electrification or low emission or zero emission vehicle 
infrastructure, increase resiliency, recycle or redevelop existing 
infrastructure or if located in a floodplain be constructed or upgraded 
consistent with the Federal Flood Risk Management Standard, to the 
extent consistent with current law.
    In addition, FTA will consider benefits to EJ communities when 
reviewing applications received under this program. Applicants should 
identify any EJ populations located within the proposed service area 
and describe anticipated benefits to that population(s) should the 
applicant receive a grant under this program. A formal EJ analysis that 
is typically included in transportation planning or environmental 
reviews is not requested. Among the factors, in determining the 
allocation of program funds FTA may consider geographic diversity, 
diversity in the size of the grantees receiving funding, or the 
applicant's receipt of other competitive awards. Respectively, FTA will 
evaluate the proposals to determine the extent that the proposed 
project will address affordable housing needs, provide equitable 
housing choices for environmental justice populations, and avoid 
displacement of low-income households and existing small businesses.
    In support of Executive Order 14008, and consistent with OMB's 
Interim Guidance for the Justice40 Initiative, Historically 
Disadvantaged Communities include (a) certain qualifying census tracts, 
(b) any Tribal land, or (c) any territory or possession of the United 
States. DOT is providing a mapping tool to assist applicants in 
identifying whether a project is located in a Historically 
Disadvantaged Community at: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a. Use of this map tool is 
optional; applicants may provide an image of the map tool outputs, or 
alternatively, consistent with OMB's Interim Guidance, applicants can 
supply quantitative, demographic data of their ridership demonstrating 
the percentage of their ridership that meets the criteria described in 
Executive Order 14008 for disadvantage. Examples of Historically 
Disadvantaged Communities that an applicant could address using 
geographic or demographic information include low income, high and/or 
persistent poverty, high unemployment and underemployment, racial and 
ethnic residential segregation, linguistic isolation, or high housing 
cost burden and substandard housing. Additionally, in support of the 
Justice40 Initiative, the applicant also should provide evidence of 
strategies that the applicant has used in the planning process to seek 
out and consider the needs of those traditionally disadvantaged and 
underserved by existing transportation systems. For technical 
assistance using the mapping tool, please contact [email protected].
    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 (FAPIIS) accessible 
through SAM. An applicant may review and comment on 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 200.205).

F. Federal Award Administration Information

1. Federal Award Notices

    (a) The FTA Administrator will announce the final project 
selections on the FTA website. Project recipients should contact their 
FTA Regional Offices for additional information regarding allocations 
for projects under the TOD Pilot Program.
i. 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. Funds under this NOFO cannot be used to reimburse applicants 
for otherwise eligible expenses incurred prior to FTA award of a Grant 
Agreement until FTA has issued pre-award authority for selected 
projects, or unless FTA has issued a ``Letter of No Prejudice'' for the 
project before the expenses 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.
ii. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of TOD Pilot Program funds 
are subject to the grant requirements of the Section 5303 Metropolitan 
Planning program, including those of FTA Circular 8100.1C and Circular 
5010.1E. All competitive grants, regardless of award amount, will be 
subject to the Congressional Notification and release process. 
Technical assistance regarding these requirements is available from 
each FTA regional office.

2. Administrative and National Policy Requirements

i. Planning
    FTA encourages applicants to notify the appropriate metropolitan 
planning organizations in areas likely to be served by the funds made 
available under this program. Selected projects must be incorporated 
into the unified planning work programs of metropolitan areas before 
they are eligible for FTA funding or pre-award authority.
ii. 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.
iii. 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

[[Page 32075]]

procurements, in setting their overall DBE goal.

3. Reporting

    Post-award reporting requirements include submission of Federal 
Financial Reports and Milestone Progress Reports in FTA's electronic 
grants management system on a quarterly basis. Applicants should 
include any goals, targets, and indicators referenced in their 
application to the project in the Executive Summary of the TrAMS 
application. Awardees must also submit copies of the substantial 
deliverables identified in the work plan to the FTA regional office at 
the corresponding milestones.
    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 program-specific questions, please contact April McLean-McCoy, 
Office of Planning and Environment, (202) 366-7429, email: 
[email protected]. A TDD is available at 1-800-877-8339 (TDD/
FIRS). Any addenda that FTA releases on the application process will be 
posted at https://www.transit.dot.gov/TODPilot. To ensure applicants 
receive accurate information about eligibility or the program, the 
applicant is encouraged to contact FTA directly, rather than through 
intermediaries or third parties. FTA staff may also conduct briefings 
on the FY 2022 competitive grants selection and award process upon 
request. Contact information for FTA's regional offices can be found on 
FTA's website at http://www.transit.dot.gov.
    For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 
1-800-518-4726 or by email at [email protected]. Contact information 
for FTA's regional offices can be found on FTA's website at http://www.fta.dot.gov.

H. Other Program Information

    This program is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs.''

Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-11336 Filed 5-25-22; 8:45 am]
BILLING CODE 4910-57-P