[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1314-1321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00168]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Fiscal Year 2023 Competitive Funding Opportunity: Areas of 
Persistent Poverty Program

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 a total of $20,041,870 in available funding 
($20,000,000 in funding for Fiscal Year (FY) 2022 and $41,870 for FY 
2021) for the Areas of Persistent Poverty Program (AoPP Program) 
(Federal Assistance Listing: 20.505). Funds will be awarded 
competitively for planning, engineering, or the development of 
technical or financing plans for projects to assist Areas of Persistent 
Poverty or Historically Disadvantaged Communities. FTA may award 
additional funding that is made available to the program prior to the 
announcement or project selections.

DATES: Complete proposals must be submitted electronically through the 
Grants.gov ``APPLY'' function by 11:59 p.m. Eastern Time on March 10, 
2023.

FOR FURTHER INFORMATION CONTACT: Colby McFarland, FTA Office of 
Planning and Environment, 202-366-1648, 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

    The AoPP Program provides funds to entities that are eligible 
recipients or subrecipients under 49 U.S.C. 5307, 5310, or 5311 to 
assist Areas of Persistent Poverty or Historically Disadvantaged 
Communities. Funding to implement the AoPP Program was appropriated by 
the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), and the 
Consolidated Appropriations Act, 2022 (Pub. L. 117-103). This NOFO 
makes available $20,041,870 (of which $20,000,000 is funding from 
Fiscal Year (FY) 2022 and $41,870 is from FY 2021) that will be awarded 
through a competitive process, as described in this notice.
    FTA will award grants to eligible applicants for planning, 
engineering, or development of technical or financing plans for 
projects eligible under chapter 53 of title 49, United States Code to 
assist Areas of Persistent Poverty or Historically Disadvantaged 
Communities. Applicants are encouraged to work with non-profits or 
other entities of their choosing to develop an eligible project. An 
eligible project for this NOFO is defined as a planning study 
(including a planning and environmental linkages study that advances 
the environmental analysis and review process as part of the 
metropolitan planning process), an engineering study, a technical 
study, or a financing plan.
    This program supports FTA's strategic goals and objectives through 
the timely and efficient investment in public transportation for 
safety, economic strength and global competitiveness, equity, climate 
and sustainability, transformation, and organizational excellence. The 
AoPP Program grants are competitively awarded to local entities to 
assist Areas of Persistent Poverty as defined under section 6702(a)(1) 
of title 49, United States Code, or Historically Disadvantaged 
Communities. (See Section C of this NOFO for more information about 
eligibility.) This program also supports the President's initiatives to 
mobilize American ingenuity to build modern infrastructure and an 
equitable, clean energy future. By supporting increased transit access 
for environmental justice (EJ) populations, equity-focused community 
outreach and public engagement of underserved communities and adoption 
of equity-focused policies, reducing greenhouse gas emissions, and 
addressing the effects of climate change, FTA's AoPP Program advances 
the goals of Executive Order 13985: Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government; Executive 
Order 13990: Protecting Public Health and the Environment and Restoring 
Science to Tackle the Climate Crisis; and Executive Order 14008: 
Tackling the Climate Crisis at Home and Abroad. FTA seeks to use the 
AoPP Program to encourage racial equity in two areas: (1) planning and 
policies related to racial equity and barriers to opportunity; and (2) 
engineering, or development of technical or financing plans, for 
project investments that either proactively address racial equity and 
barriers to opportunity, including automobile

[[Page 1315]]

dependence as a form of barrier, or redress prior inequities and 
barriers to opportunity. This objective also supports the Department's 
strategic goal related to infrastructure, with the potential for 
significantly enhancing environmental stewardship and community 
partnerships and reflects the goals of Executive Order 13985.

B. Federal Award Information

    FTA intends to award all available funding in the form of grants to 
selected applicants responding to this NOFO. Additional funds made 
available for this program prior to project selection may be allocated 
to eligible projects. Funds will remain available for obligation for up 
to four fiscal years, not including the year in which the funds are 
allocated to projects.
    Only proposals from eligible recipients for eligible activities 
will be considered for funding. FTA may establish a cap on the maximum 
grant award for selected projects. In response to a NOFO for the AoPP 
Program that closed on August 30, 2021, FTA received applications for 
104 eligible projects requesting a total of $62,738,935. Of the 104 
projects, 40 projects were selected and funded for a total of 
$16,217,744.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants include entities that are eligible recipients 
or subrecipients under 49 U.S.C. 5307, 5310, or 5311 located in Areas 
of Persistent Poverty or Historically Disadvantaged Communities. 
Entities that are subrecipients or indirect recipients under these 
programs must apply through their ordinary pass-through entities or 
designated recipients. State departments of transportation may apply on 
behalf of eligible applicants within their States.
    For Fiscal Year 2022 funds, ``Area of Persistent Poverty'' is 
defined by 49 U.S.C. 6702(a)(1) as, (1) any county (or equivalent 
jurisdiction) in which, during the 30-year period ending on November 
15, 2021, 20 percent or more of the population continually lived in 
poverty, as measured by the 1990 decennial census, the 2000 decennial 
census, and the most recent annual small area income and poverty 
estimate of the Bureau of the Census; (2) any census tract with a 
poverty rate of not less than 20 percent, as measured by the 5-year 
data series available from the American Community Survey of the Bureau 
of the Census for the period of 2014 through 2018; and (3) any 
territory or possession of the United States.
    For the purpose of the Fiscal Year 2022 NOFO, and consistent with 
the U.S. Office of Management and Budget's Interim Guidance for the 
Justice 40 Initiative, ``Historically Disadvantaged Communities'' 
include (a) certain qualifying census tracts, (b) any Tribal land, or 
(c) any territory or possession of the United States. As an additional 
resource, FTA provides a mapping tool to assist applicants in 
identifying whether a project is located in an Area of Persistent 
Poverty or an Historically Disadvantaged Community: https://usdot.maps.arcgis.com/apps/dashboards/75febe4d9e6345ddb2c3ab42a4aae85f.
    An application may qualify under this NOFO if the recipient is 
located either in an Area of Persistent Poverty or an Historically 
Disadvantaged Community and the project assists an Area of Persistent 
Poverty or an Historically Disadvantaged Community. Applicants should 
determine whether their proposed project is in an Area of Persistent 
Poverty or Historically Disadvantaged Community and document this 
information in the supplemental form to the application and attach an 
accompanying map of the project area and the census tracts. This notice 
makes available $41,870 that was appropriated by the Consolidated 
Appropriations Act, 2021. The applicant and project eligibility 
requirements for these 2021 funds are the same as for the 2022 funds, 
except that, instead of applicants and projects being located in Areas 
of Persistent Poverty or Historically Disadvantaged Communities as 
defined above, applicants and projects must be located in (1) in a 
county that has consistently had greater than or equal to 20 percent of 
the population living in poverty over the 30-year period preceding the 
date of enactment of the Consolidated Appropriations Act, 2021 as 
measured by the 1990 and 2000 decennial census and the most recent 
Small Area Income and Poverty Estimates; or (2) in a census tract with 
a poverty rate of at least 20 percent as measured by the 2014-2018 5-
year data series available from the American Community Survey of the 
Bureau of the Census; or (3) in any territory or possession of the 
United States. FTA anticipates that a number of applicants will be 
eligible under both the 2021 criteria and the 2022 criteria. FTA will 
use its discretion to offer these 2021 funds to a successful applicant 
that qualifies under both.
    Eligible applicants must be able to demonstrate the requisite 
legal, financial, and technical capabilities to receive and administer 
Federal funds under this program.
    As described in the Consolidated Appropriations Act, 2022, 
applicants are encouraged to work with non-profits or other entities of 
their choosing to develop planning, technical, engineering, or 
financing plans, and applicants are encouraged to partner with non-
profits that can assist with making projects low or no emissions. If an 
application that involves such a partnership is selected for funding, 
the applicant's process for selecting the non-profit or other non-
governmental partners must satisfy the requirements for a competitive 
procurement under 49 U.S.C. 5325(a). An applicant may undertake a 
competitive selection process that satisfies the requirements of 49 
U.S.C. 5325(a) prior to applying for an AoPP award and name the 
selected entities in the application. In that event, applicants are 
advised that any changes to the proposed partnership will require 
written FTA approval, changes must be consistent with the scope of the 
approved project and may necessitate a competitive procurement.

2. Cost Sharing or Matching

    The minimum Federal share for projects selected under the AoPP 
Program is 90 percent of the net total project cost. The non-Federal 
share will be no more than 10 percent of the net total project cost 
(not 10 percent of the requested grant amount). Cost sharing is not 
required, and an application may request up to 100 percent Federal 
funding. However additional consideration will be given to those 
projects for which local funds have already been made available or 
reserved.
    Eligible sources of non-Federal match include the following: 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; or funds from an undistributed cash surplus; replacement or 
depreciation cash fund or reserve; or new capital. In addition, 
transportation development credits or documentation of in-kind match 
may be used as local match if identified and documented in the 
application.

3. Eligible Projects

    Under the AoPP Program, eligible projects are planning, 
engineering, or development of technical or financing plans for 
projects eligible under Chapter 53 of title 49, United States Code that 
will assist Areas of Persistent Poverty or Historically Disadvantaged

[[Page 1316]]

Communities. For example, these activities may include planning, 
engineering, or development of technical or financing plans for 
improved transit services; new transit routes; engineering for transit 
facilities and improvements to existing facilities; innovative 
technologies; planning for low or no emission buses; planning for a new 
bus facility or intermodal center that supports transit services; 
integrated fare collections systems; or coordinated public transit 
human service transportation plans to improve transit service in an 
Area of Persistent Poverty or Historically Disadvantaged Community, or 
to provide new service such as transportation for services to address 
the opioid epidemic, as well as increase access to environmental 
justice populations, while reducing greenhouse gas emissions and the 
effects of climate change. An eligible project also may be a planning 
and environmental linkages study that advances the environmental 
analysis and review process as part of the metropolitan planning 
process. Ineligible projects are capital, maintenance, or operating 
costs of any kind are not eligible for funding under the AoPP Program. 
Procurement of vehicles or equipment and support of operations and 
maintenance of systems are also ineligible activities.

D. Application and Submission Information

1. Address To Request Application Package

    Applications must be submitted electronically through Grants.gov. 
General information for accessing and submitting applications through 
Grants.gov can be found at https://www.transit.dot.gov/funding/grants/applying/applying-fta-funding along with specific instructions for the 
forms and attachments required for submission. Mail or fax submissions 
of completed proposals will not be accepted.

2. Content and Form of Application Submission

a. Proposal Submission
    A complete proposal submission for each program consists of two 
forms: (1) the SF-424 Application for Federal Assistance; and (2) the 
supplemental form for the FY 2022 AoPP Program. They can be downloaded 
from Grants.gov or the FTA website at https://www.transit.dot.gov/grant-programs/areas-persistent-poverty-program. Failure to submit the 
information as requested can delay review or disqualify the 
application. 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 NOFO.
    Submissions must include the following attachments:
    i. A completed SF-424 Application for Federal Assistance form and 
supplemental form for the AoPP Program;
    ii. A map of the proposed study area with which to confirm 
alignment between the proposed study area and an Area of Persistent 
Poverty or Historically Disadvantaged Community;
    iii. Documentation of any partnerships between the applicant and 
other organizations to carry out the proposed activities. 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 project; and
    iv. Documentation of any funding commitments for the proposed work.
    FTA will accept only one supplemental form per SF-424 submission. 
FTA encourages States and other applicants to consider submitting a 
single supplemental form that includes multiple activities to be 
evaluated as a consolidated proposal. If a State or other applicant 
chooses to submit separate proposals for individual consideration by 
FTA, each proposal must be submitted using a separate SF-424 and 
supplemental form.
    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 the applicant's name, Federal amount requested, 
non-Federal 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 to 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 editor. The information listed below 
must be included on the SF-424 and supplemental form for the AoPP 
Program funding applications.
b. Application Content
    The SF-424 and the supplemental form will prompt applicants for 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 Unique Entity ID number (provided by 
SAM).
    3. Provide contact information including: Contact name, title, 
address, phone number, and email address.
    4. Specify the Congressional districts 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 for 
when they will be provided to FTA.
    6. Identify and describe the eligible project that meets the 
requirements of Section C, of this notice, including a detailed 
description of the need for planning, engineering, or development of 
technical, or financial planning activities.
    7. Address each evaluation criterion separately, demonstrating how 
the project responds to each criterion as described in Section E and 
how the project will support the AoPP Program objectives.
    8. Provide a line-item budget for the project, with enough detail 
to indicate the various key components of the project.
    9. Identify the Federal amount requested.
    10. Document the matching funds, including the 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.
    11. Provide an explanation of the scalability of the project.
    12. Address whether other Federal funds have been sought or 
received for the comprehensive planning project.
    13. Provide a project schedule including major task, deliverables, 
and completion. In addition, provide the local steps required for 
including the project in the relevant state,

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metropolitan, or local planning documents and a brief explanation on 
how the proposed project aligns with such plans (e.g., Unified Planning 
Work Program).
    14. Propose performance criteria for the development and 
implementation of the proposed activities funded under the AoPP 
Program.
    15. Identify potential State, local, or other impediments to the 
deliverables of the AoPP Program-funded work and their implementation, 
and how the impediments will be addressed.
    16. Describe how the proposed activities address climate change. 
Applicants should identify any air quality nonattainment or maintenance 
areas under the Clean Air Act in the planning or study 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 U.S. 
Environmental Protection Agency'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 Executive Order 13990: Protecting Public Health 
and the Environment and Restoring Science to Tackle the Climate Crisis, 
and Executive Order 14008: Tackling the Climate Crisis at Home and 
Abroad.
    17. Describe how the proposed activities address environmental 
justice populations, racial equity, and barriers to opportunity.

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant is required to: (1) be registered in SAM before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information at all times during which the 
applicant has an active Federal award or an application or plan under 
consideration by FTA. These requirements do not apply if the applicant 
has an exemption approved by FTA pursuant to 2 CFR 25.110(c) or is 
otherwise excepted from registration requirements. FTA may not make an 
award until the applicant has complied with all applicable unique 
entity identifiers 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. Registration in SAM may take approximately 3-5 business days, but 
FTA recommends allowing ample time, up to several weeks, for completion 
of all steps. For additional information on obtaining a unique entity 
identifier, please visit www.sam.gov.

4. Submission Dates and Times

    Project proposals must be submitted electronically through 
Grants.gov by 11:59 p.m. eastern time on March 10, 2023. Grants.gov 
attaches a time stamp to each application at the time of submission. 
Proposals submitted after the deadline will be considered only under 
extraordinary circumstances not under the applicant's control. Mail 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. 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 in Grants.gov is a multi-step process, which may take 
several weeks to complete before an application can be submitted. 
Applicants who are already registered in Grants.gov may be required to 
take steps to keep their registrations 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

    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. 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 awardees 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. Allowable direct and indirect expenses must be consistent with 
the Governmentwide Uniform Administrative Requirements and Cost 
Principles (2 CFR part 200) and FTA Circular 5010.1E.

6. Other Submission Requirements

    Applicants are strongly 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 should provide the minimum total project cost 
and Federal 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 would 
be affected by a reduced award. FTA may award a lesser amount 
regardless of whether a scalable option is provided.

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

[[Page 1318]]

the quality and extent to which the following evaluation criteria are 
addressed.
a. Demonstration of Need
    Applications will be evaluated based on the quality and extent to 
which they demonstrate how the proposed activities will support 
planning, engineering, or development of technical or financing plans 
that would result in a project eligible for funding under chapter 53 of 
title 49, United States Code. Applications should clearly present the 
need for the proposed project and provide substantiated background 
information such as the level of poverty in the area, the population 
size, the extent of unmet access and mobility connections to critical 
employment, education, or medical destinations as the result of 
inadequate transit service or lack of coordination among service 
providers. Applications should also consider how activities will affect 
climate change and address environmental justice challenges.
b. Demonstration of Benefits
    Applications will be evaluated based on how well they describe how 
the proposed planning, engineering, or development of technical or 
financing plans and address one or more of the following: the existing 
condition of the transit system, improved reliability of transit 
service for its riders, enhanced access and mobility within the service 
area, accelerating innovation in Areas of Persistent Poverty or 
Historically Disadvantaged Communities to serve unmet needs, reducing 
barriers to affordable housing or any other qualitative benefits that 
would improve the transit efficiency and impact the quality of life for 
the community. The following factors will be considered:
    i. System Condition. FTA will evaluate the potential for the 
planning, engineering, or development of technical or financing plans 
to lead to an improvement in the condition of the transit system in 
Areas of Persistent Poverty or Historically Disadvantaged Communities.
    ii. Service Reliability. FTA will evaluate the potential for the 
planning, engineering, or development of technical or financing plans 
to lead to a reduction in the frequency of breakdowns or other service 
interruptions caused by the age and condition of the agency's transit 
vehicle fleet and improve system reliability.
    iii. Enhanced Access and Mobility. FTA will evaluate the potential 
for the planning, engineering, or development of technical or financing 
plans that lead to improved access to jobs, education, and health care 
services and mobility for the transit riding public, such as through 
increased reliability, improved headways, creation of new 
transportation choices, or eliminating gaps in the current route 
network or any other qualitative benefits that would improve the 
transit efficiency and impact the quality of life for the community.
    iv. Accelerating Innovation. FTA will evaluate the potential for 
the planning, engineering, or development of technical or financing 
plans to accelerate the introduction of innovative technologies or 
practices such as integrated fare payment systems permitting complete 
trips or advancements to propulsion systems. Innovation can also 
include practices such as new public transportation operational models, 
financial or procurement arrangements, or value capture strategies. FTA 
views value capture strategies as public financing tools that recover a 
share of the value transit creates. Examples of value capture 
strategies used for transit can include the following: tax increment 
financing, special assessments, and joint development. AoPP funds can 
be used for plans that include value capture approaches.
    v. Barriers to Low Income Housing. FTA will evaluate the degree to 
which the planning study, engineering study, or development of 
technical or financial plans identify proposed actions that reduce 
regulatory barriers that unnecessarily raise the costs of housing 
development or impede the development of affordable housing.
    vi. Regional Support. Applicants should provide evidence of 
regional or local support for the proposed project. Documentation may 
include support letters from local and regional planning organizations, 
local governmental officials, public agencies, or non-profit or for-
profit private sector supporters attesting to the need for the project.
c. Funding Commitments
    Applicants must identify the source of any non-Federal cost-share 
or in-kind contribution and describe whether such contributions are 
currently available for the project or will need to be secured if the 
project is selected for funding. FTA will consider the availability of 
the non-Federal cost-share as evidence of local financial commitment to 
the project. Additional consideration will be given to those projects 
for which local funds have already been made available or reserved. 
Applicants should submit evidence of the availability of funds for the 
project (e.g., by including a board resolution, letter of support from 
the State, a budget document highlighting the line item or section 
committing funds to the proposed project, or other documentation of the 
source of non-Federal funds).
d. Project Implementation Strategy
    FTA will evaluate the strength of the work plan, schedule, and 
process included in an application based on the following factors:
    i. Extent to which the schedule contains sufficient detail, 
identifies all steps needed to implement the work proposed, and is 
achievable;
    ii. Extent of partnerships, including with non-public sector 
entities, equity-focused community outreach and meaningful public 
engagement of underserved communities, see: https://www.transportation.gov/public-involvement; and
    iii. The partnerships' technical capability to develop, adopt, and 
implement the 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.
e. Technical, Legal, and Financial Capacity
    Applicants must demonstrate they have the technical, legal, and 
financial capacity to undertake the project. FTA will review relevant 
oversight assessments and records to determine whether there are any 
outstanding legal, technical, or financial issues with the applicant 
that would affect the outcome of the proposed project. Applicants with 
unresolved legal, technical, or financial compliance issues from an FTA 
compliance review or Federal grant-related Single Audit finding must 
explain how corrective actions taken will mitigate negative impacts on 
the proposed project.

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 staff 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. In determining the 
allocation of program funds, FTA may consider geographic diversity and 
the applicant's receipt of other competitive awards. FTA may also 
consider capping the amount a single applicant may receive.

[[Page 1319]]

a. Climate Change and Sustainability
    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, an equitable 
development plan has been prepared, and a tool such as EPA's EJSCREEN 
at: https://www.epa.gov/ejscreen 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 
consistent with the Federal Flood Risk Management Standard, to the 
extent consistent with current law.
b. Racial Equity and Barriers to Opportunity
    FTA will also give priority consideration to applications that 
advance racial equity in two areas: (1) planning and policies related 
to racial equity and overcoming barriers to opportunity; and (2) 
project investments that either proactively address racial equity and 
barriers to opportunity, including automobile dependence as a form of 
barrier, or redress prior inequities and barriers to opportunity. 
Applicants could also address how a project is related to housing or 
land use reforms to address historic barriers to opportunity. This 
objective has the potential to enhance environmental stewardship and 
community partnerships, and reflects Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government. FTA encourages the applicant to include sufficient 
information to evaluate how the applicant will proactively address and 
advance racial equity and address barriers to opportunity. The 
applicant should describe any transportation plans or policies related 
to equity and barriers to opportunity they are implementing or have 
implemented in relation to the proposed project, along with the 
specific project investment details necessary for FTA to evaluate if 
the investments are being made either proactively to advance racial 
equity and address barriers to opportunity or redress prior inequities 
and barriers to opportunity. All project investment costs for projects 
that are related to racial equity and barriers to opportunity should be 
summarized. FTA also encourages applicants to consider how the project 
will address the challenges faced by individuals and underserved 
communities in rural areas.
c. Justice40 Initiative and Environmental Justice
    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. FTA is providing a mapping tool to assist applicants in 
identifying whether a project is located in an Area of Persistent 
Poverty or an Historically Disadvantaged Community at https://usdot.maps.arcgis.com/apps/dashboards/75febe4d9e6345ddb2c3ab42a4aae85f. 
Use of this mapping tool is optional; however, FTA encourages 
applicants to provide an image or screen shot 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 disadvantaged communities as 
well as describe the environmental justice population located within 
the service area. Examples of Historically Disadvantaged Communities 
that an applicant could address using geographic or demographic 
information include low income, high 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 should also 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].

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 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 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    FTA will announce the final project selections on the FTA website. 
Selectees should contact their FTA regional offices for additional 
information regarding allocations for projects under the AoPP Program.

2. Administrative and National Policy Requirements

a. Planning
    FTA encourages applicants to engage the appropriate State 
departments of transportation, Regional Transportation Planning 
Organization or Metropolitan Planning Organization(s) (MPOs) in areas 
likely to be served by the funds made available under this program. 
Selected projects must be incorporated into the long-range plans or 
unified planning work programs upon award and prior to being eligible 
for pre-award authority. Applicants can find contact information for 
the applicable MPO here (https://www.planning.dot.gov/MPO/).
b. 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

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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.
i. Civil Rights Requirements
    Applications should demonstrate that the recipient has a plan for 
compliance with civil rights obligations and nondiscrimination laws, 
including Title VI of the Civil Rights Act of 1964, the Americans with 
Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and 
accompanying regulations. This should include a current Title VI 
program plan and a completed Community Participation Plan 
(alternatively called a Public Participation Plan and often part of the 
overall Title VI program plan), if applicable. Applicants who have not 
sufficiently demonstrated the conditions of compliance with civil 
rights requirements will be required to do so before receiving funds. 
Recipients of Federal transportation funding will be required to comply 
fully with the DOT's regulations and guidance for the ADA and all 
relevant civil rights requirements. The Department's and FTA's Office 
of Civil Rights will work with awarded grant recipients to ensure full 
compliance with Federal civil rights requirements.
c. Disadvantaged Business Enterprise
    FTA requires that its recipients receiving planning, capital, or 
operating assistance that will award prime contracts exceeding $250,000 
in FTA funds in a Federal fiscal year comply with Department of 
Transportation Disadvantaged Business Enterprise (DBE) program 
regulations (49 CFR part 26). Applicants should expect to include any 
funds awarded, excluding those to be used for vehicle procurements, in 
setting their overall DBE goal.
d. 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/funding/apportionments/current-apportionments.
e. Grant Requirements
    If selected, awardees will apply for a grant through FTA's Transit 
Award Management System (TrAMS). Recipients of AoPP Program funds are 
subject to the grant requirements of the Metropolitan Transportation 
Planning program (49 U.S.C. 5303) or Statewide and Non-Metropolitan 
Transportation Planning (49 U.S.C. 5304), including those of FTA 
Circular 8100.1D and Circular 5010.1E. All competitive grants, 
regardless of the award amount, will be subject to the Congressional 
Notification and release process. Technical assistance regarding these 
requirements is available from each FTA regional office.
    When applying for an award under this Program, eligible applicants 
and sub-recipients who are not direct recipients, or who have limited 
experience or access to FTA's Transit Award Management System (TrAMS), 
must secure the commitment of an active FTA direct recipient to apply 
for funding on their behalf through TrAMS if they are selected for an 
AoPP funding award. Documentation of such a commitment must be included 
in the application.

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.
    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 (Pub. L. 115-435), 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 program-specific questions, please contact Colby McFarland, 
Office of Planning and Environment, (202) 366-1648, 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/grant-programs/areas-persistent-poverty-program. 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 2023 
competitive grants selection and award process upon request. 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.

H. Other Information

    User friendly information and resources regarding DOT's 
discretionary grant programs relevant to rural applicants can be found 
on the Rural Opportunities to Use Transportation for Economic Success 
(ROUTES) website at https://transportation.gov/rural. This program is 
not subject to Executive Order 12372, ``Intergovernmental Review of 
Federal Programs.'' For assistance with Grants.gov please contact 
Grants.gov by phone at 1-800-

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518-4726 or by email at [email protected].

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-00168 Filed 1-6-23; 8:45 am]
BILLING CODE 4910-57-P