Notice of Funding Opportunity for the Department of Transportation's Nationally Significant Freight and Highway Projects (INFRA Grants) for Fiscal Year 2019

Published date21 December 2018
Record Number2018-27695
CourtThe Secretary Of Transportation Office
Federal Register, Volume 83 Issue 245 (Friday, December 21, 2018)
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
                [Notices]
                [Pages 65789-65802]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2018-27695]
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                DEPARTMENT OF TRANSPORTATION
                Office of the Secretary of Transportation
                Notice of Funding Opportunity for the Department of
                Transportation's Nationally Significant Freight and Highway Projects
                (INFRA Grants) for Fiscal Year 2019
                AGENCY: Office of the Secretary of Transportation, U.S. Department of
                Transportation.
                ACTION: Notice of funding opportunity.
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                Infrastructure for Rebuilding America (INFRA) Program
                FY 2019 Notice of Funding Opportunity
                SUMMARY: The Nationally Significant Freight and Highway Projects
                (INFRA) program provides Federal financial assistance to highway and
                freight
                [[Page 65790]]
                projects of national or regional significance. This notice solicits
                applications for awards under the program's fiscal year (FY) 2019
                funding, subject to the availability of appropriated funds.
                DATES: Applications must be submitted by 8:00 p.m. EST March 4, 2019.
                The Grants.gov ``Apply'' function will open by January 7, 2019.
                ADDRESSES: Applications must be submitted through www.Grants.gov. Only
                applicants who comply with all submission requirements described in
                this notice and submit applications through www.Grants.gov will be
                eligible for award.
                FOR FURTHER INFORMATION CONTACT: For further information regarding this
                notice, please contact the Office of the Secretary via email at
                INFRAgrants@dot.gov, or call Paul Baumer at (202) 366-1092. A TDD is
                available for individuals who are deaf or hard of hearing at 202-366-
                3993. In addition, up to the application deadline, the Department will
                post answers to common questions and requests for clarifications on
                USDOT's website at https://www.transportation.gov/buildamerica/INFRAgrants.
                SUPPLEMENTARY INFORMATION: The organization of this notice is based on
                an outline set in 2 CFR part 200 to ensure consistency across Federal
                financial assistance programs. However, that format is designed for
                locating specific information, not for linear reading. For readers
                seeking to familiarize themselves with the INFRA program, the
                Department encourages them to begin with Section A (Program
                Description), which describes the Department's goals for the INFRA
                program and purpose in making awards, and Section E (Application Review
                Information), which describes how the Department will select among
                eligible applications. Those two sections will provide appropriate
                context for the remainder of the notice: Section B (Federal Award
                Information) describes information about the size and nature of awards;
                Section C (Eligibility Information) describes eligibility requirements
                for applicants and projects; Section D (Application and Submission
                Information) describes in detail how to apply for an award; Section F
                (Federal Award Administration Information) describes administrative
                requirements that will accompany awards; and Sections G (Federal
                Awarding Agency Contacts) and H (Other Information) provide additional
                administrative information.
                Table of Contents
                A. Program Description
                 1. Overview
                 2. Key Program Objectives
                 3. Changes From the FY 2017-2018 NOFO
                B. Federal Award Information
                 1. Amount Available
                 2. Restrictions on Award Portfolio
                C. Eligibility Information
                 1. Eligible Applicants
                 2. Cost Sharing or Matching
                 3. Other
                D. Application and Submission Information
                 1. Address
                 2. Content and Form of Application
                 3. Unique Entity Identifier and System for Award Management
                (SAM)
                 4. Submission Dates and Timelines
                E. Application Review Information
                 1. Criteria
                 2. Review and Selection Process
                 3. Additional Information
                F. Federal Award Administration Information
                 1. Federal Award Notices
                 2. Administrative and National Policy Requirements
                 3. Reporting
                G. Federal Awarding Agency Contacts
                H. Other Information
                 1. Protection of Confidential Business Information
                 2. Publication of Application Information
                A. Program Description
                1. Overview
                 The INFRA program provides Federal financial assistance to highway
                and freight projects of national or regional significance. To maximize
                the value of FY 2019 INFRA funds for all Americans, the Department is
                focusing the competition on transportation infrastructure projects that
                support four key objectives, each of which is discussed in greater
                detail in section A.2:
                 (1) Supporting economic vitality at the national and regional
                level;
                 (2) Leveraging Federal funding to attract non-Federal sources of
                infrastructure investment;
                 (3) Deploying innovative technology, encouraging innovative
                approaches to project delivery, and incentivizing the use of innovative
                financing; and
                 (4) Holding grant recipients accountable for their performance.
                 This notice's focus on the four key objectives does not supplant
                the Department's focus on safety as our top priority. The Department is
                committed to reducing fatalities and serious injuries on the surface
                transportation system. To reinforce the Department's safety priority,
                the USDOT will require projects that receive INFRA awards to consider
                and effectively respond to data-driven transportation safety concerns.
                Section F.2.a describes related requirements that the Department will
                impose on each INFRA project. These requirements focus on performing
                detailed, data-driven safety analyses and incorporating project
                elements that respond to State-specific safety priority areas.
                2. Key Program Objectives
                 This section of the notice describes the four key program
                objectives that the Department intends to advance with FY 2019 INFRA
                funds. These four objectives are reflected in later portions of the
                notice, including section E.1, which describes how the Department will
                evaluate applications to advance these objectives, and section D.2.b,
                which describes how applicants should address the four objectives in
                their applications.
                a. Key Program Objective #1: Supporting Economic Vitality
                 A strong transportation network is critical to the functioning and
                growth of the American economy. The nation's industry depends on the
                transportation network not only to move the goods that it produces, but
                also to facilitate the movements of the workers who are responsible for
                that production. When the nation's highways, railways, and ports
                function well, that infrastructure connects people to jobs, increases
                the efficiency of delivering goods and thereby cuts the costs of doing
                business, reduces the burden of commuting, and improves overall well-
                being. When the transportation network fails--whether due to increasing
                bottlenecks, growing connectivity gaps, or unsafe, crumbling
                conditions--our economy suffers. Projects that address congestion in
                our major urban areas, particularly those that do so through the use of
                congestion pricing or the deployment of advanced technology, projects
                that bridge gaps in service in our rural areas, and projects that
                attract private economic development, all have the potential to support
                national or regional economic vitality. Therefore, USDOT seeks
                applications for these types of infrastructure projects under the INFRA
                program.
                b. Key Program Objective #2: Leveraging of Federal Funding
                 The Department is committed to supporting the President's call for
                more infrastructure investment. That goal will not be achieved through
                Federal investment alone, but rather requires States, local
                governments, and the private sector to maximize their own
                contributions.
                 To increase the leveraging of Federal funding, the INFRA program
                will give priority consideration to projects that
                [[Page 65791]]
                use all available non-Federal resources for development, construction,
                operations, and maintenance. As described further in section E.1.a
                (Criterion #2), the Department will also consider the level at which
                these resources are in fact available, particularly for rural areas.
                These projects include projects that maximize State, local, and private
                sector funding, projects that raise revenue directly, and projects that
                pair INFRA grants with broader-scale innovative financing, including
                Federal credit assistance such as Transportation Infrastructure Finance
                and Innovation Act (TIFIA) and Railroad Rehabilitation Improvement
                Financing (RRIF) loans.
                 By emphasizing leveraging of Federal funding, the Department
                expects to expand the total resources being used to build and restore
                infrastructure, rather than have Federal dollars merely displace or
                substitute for State, local, and private funds.
                c. Key Program Objective #3: Innovation
                 The Department seeks to use the INFRA program to encourage
                innovation in three areas: (1) The deployment of innovative technology
                and expanded access to broadband; (2) use of innovative permitting,
                contracting, and other project delivery practices; and (3) innovative
                financing. This objective supports the Department's strategic goal of
                innovation, with the potential for significantly enhancing the safety,
                efficiency, and performance of the transportation network. DOT
                anticipates INFRA projects will support the integration of new
                technology and facilitate increased public and private sector
                collaboration. In section E.1.c (Criterion #3), the Department provides
                many examples of innovative technologies, practices, and financing. It
                encourages applicants to identify those that are suitable for their
                projects and local constraints.
                d. Key Program Objective #4: Performance and Accountability
                 The Department seeks to increase project sponsor accountability and
                performance by evaluating each INFRA applicant's plans to address the
                full lifecycle costs of their project and willingness to condition
                award funding on achieving specific Departmental goals.
                 To maximize public benefits from INFRA funds and promote local
                activity that will provide benefits beyond the INFRA-funded projects,
                the Department seeks projects that allow it to condition funding on
                specific, measurable outcomes. For appropriate projects, the Department
                may use one or more of the following types of events to trigger
                availability of some or all INFRA funds: (1) Reaching construction and
                project completion in a timely manner; (2) achieving transportation
                performance objectives that support economic vitality or improve
                safety; and (3) making specific State or local policy changes that
                facilitate interstate commerce.
                 The Department does not intend to impose these conditions on
                unwilling or uninterested INFRA recipients, nor does it intend to limit
                the types of projects that should consider accountability mechanisms.
                Instead, in section E.1.d (Criterion #4), the Department provides a
                framework for accountability measures and encourages applicants to
                voluntarily identify those that are most appropriate for their projects
                and local constraints.
                3. Changes From the FY 2017-2019 NOFO
                 The FY 2019 INFRA Notice includes changes to multiple selection
                criteria, including criterion #2, criterion #3, and criterion #4.
                Applicants who are planning to re-apply using materials prepared for
                prior competitions should ensure that their FY 2019 application fully
                addresses the criteria and considerations described in this Notice and
                that all relevant information is up to date.
                B. Federal Award Information
                1. Amount Available
                 The FAST Act authorizes the INFRA program at $4.5 billion for
                fiscal years (FY) 2016 through 2020, including $950 million\1\ for FY
                2019, to be awarded by USDOT on a competitive basis to projects of
                national or regional significance that meet statutory requirements.
                This notice solicits applications for the $855-902.5 million in FY 2019
                INFRA funds that the Department anticipates will be available for
                awards. The estimate may be higher or lower than the final amount,
                which is dependent on fiscal year 2019 appropriations, which have yet
                to be enacted. Any award under this notice will be subject to the
                availability of appropriated funds.
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                 \1\ Funds are subject to the overall Federal-aid highway
                obligation limitation, and funds in excess of the obligation
                limitation provided to the program are distributed to the States.
                While $950 million is authorized for FY 2019, the Department
                anticipates between $855 and $902.5 million available for award. The
                number will be finalized following enactment of full year FY 19
                Appropriations. For additional information see FAST Act Sec. 1102
                (f) and the Transportation, Housing and Urban Development, and
                Related Agencies Appropriations Act, 2016, Public Law 114-113, div.
                L Sec. 120.
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                2. Restrictions on Award Portfolio
                 The Department will make awards under the INFRA program to both
                large and small projects (refer to section C.3.ii.for a definition of
                large and small projects). For a large project, the FAST Act specifies
                that an INFRA grant must be at least $25 million. For a small project,
                including both construction awards and project development awards, the
                grant must be at least $5 million. For each fiscal year of INFRA funds,
                10 percent of available funds are reserved for small projects, and 90
                percent of funds are reserved for large projects.
                 The FAST Act specifies that not more than $500 million in aggregate
                of the $4.5 billion authorized for INFRA grants over fiscal years 2016
                to 2020 may be used for grants to freight rail, water (including
                ports), or other freight intermodal projects that make significant
                improvements to freight movement on the National Highway Freight
                Network. After accounting for FY 2016-2018 INFRA selections,
                approximately $200 million within this constraint remains available.
                Only the non-highway portion(s) of multimodal projects count toward
                this limit. Grade crossing and grade separation projects do not count
                toward the limit for freight rail, port, and intermodal projects.
                 The FAST Act directs that at least 25 percent of the funds provided
                for INFRA grants must be used for projects located in rural areas, as
                defined in Section C.3.iv. The Department may elect to go above that
                threshold. The USDOT must consider geographic diversity among grant
                recipients, including the need for a balance in addressing the needs of
                urban and rural areas.
                C. Eligibility Information
                 To be selected for an INFRA grant, an applicant must be an Eligible
                Applicant and the project must be an Eligible Project that meets the
                Minimum Project Size Requirement.
                1. Eligible Applicants
                 Eligible applicants for INFRA grants are: (1) A State or group of
                States; (2) a metropolitan planning organization that serves an
                Urbanized Area (as defined by the Bureau of the Census) with a
                population of more than 200,000 individuals; (3) a unit of local
                government or group of local governments; (4) a political subdivision
                of a State or local government; (5) a special purpose district or
                public authority with a transportation function, including a port
                authority; (6) a Federal land management agency that applies jointly
                with a State or group of States;
                [[Page 65792]]
                (7) a tribal government or a consortium of tribal governments; or (8) a
                multi-State or multijurisdictional group of public entities.
                 Multiple States or jurisdictions that submit a joint application
                should identify a lead applicant as the primary point of contact. Joint
                applications should include a description of the roles and
                responsibilities of each applicant and should be signed by each
                applicant. The applicant that will be responsible for financial
                administration of the project must be an eligible applicant.
                2. Cost Sharing or Matching
                 This section describes the statutory cost share requirements for an
                INFRA award. Cost share will also be evaluated according to the
                ``Leveraging of Federal Funding'' evaluation criterion described in
                Section E.1.a.ii. That section clarifies that the Department seeks
                applications for projects that exceed the minimum non-Federal cost
                share requirement described here.
                 INFRA grants may be used for up to 60 percent of future eligible
                project costs. Other Federal assistance may satisfy the non-Federal
                share requirement for an INFRA grant, but total Federal assistance for
                a project receiving an INFRA grant may not exceed 80 percent of future
                eligible project costs. Non-Federal sources include State funds
                originating from programs funded by State revenue, local funds
                originating from State or local revenue-funded programs, private funds
                or other funding sources of non-Federal origins. If a Federal land
                management agency applies jointly with a State or group of States, and
                that agency carries out the project, then Federal funds that were not
                made available under titles 23 or 49 of the United States Code may be
                used for the non-Federal share. Unless otherwise authorized by statute,
                local cost-share may not be counted as non-Federal share for both the
                INFRA and another Federal program. For any project, the Department
                cannot consider previously incurred costs or previously expended or
                encumbered funds towards the matching requirement. Matching funds are
                subject to the same Federal requirements described in Section F.2.b as
                awarded funds.
                 For the purpose of evaluating eligibility under the statutory limit
                on total Federal assistance, funds from the TIFIA and RRIF credit
                assistance programs are considered Federal assistance and, combined
                with other Federal assistance, may not exceed 80 percent of the future
                eligible project costs.
                3. Other
                a. Eligible Projects
                 Eligible projects for INFRA grants are: highway freight projects
                carried out on the National Highway Freight Network (23 U.S.C. 167);
                highway or bridge projects carried out on the National Highway System
                (NHS), including projects that add capacity on the Interstate System to
                improve mobility or projects in a national scenic area; railway-highway
                grade crossing or grade separation projects; or a freight project that
                is (1) an intermodal or rail project, or (2) within the boundaries of a
                public or private freight rail, water (including ports), or intermodal
                facility. A project within the boundaries of a freight rail, water
                (including ports), or intermodal facility must be a surface
                transportation infrastructure project necessary to facilitate direct
                intermodal interchange, transfer, or access into or out of the facility
                and must significantly improve freight movement on the National Highway
                Freight Network. Improving freight movement on the National Highway
                Freight Network may include shifting freight transportation to other
                modes, thereby reducing congestion and bottlenecks on the National
                Highway Freight Network. For a freight project within the boundaries of
                a freight rail, water (including ports), or intermodal facility,
                Federal funds can only support project elements that provide public
                benefits.
                b. Eligible Project Costs
                 INFRA grants may be used for the construction, reconstruction,
                rehabilitation, acquisition of property (including land related to the
                project and improvements to the land), environmental mitigation,
                construction contingencies, equipment acquisition, and operational
                improvements directly related to system performance. Statutorily, INFRA
                grants may also fund development phase activities, including planning,
                feasibility analysis, revenue forecasting, environmental review,
                preliminary engineering, design, and other preconstruction activities,
                provided the project meets statutory requirements. However, the
                Department is seeking to use INFRA funding on projects that result in
                construction. Public-private partnership assessments for projects in
                the development phase are also eligible costs.
                 INFRA grant recipients may use INFRA funds to pay the subsidy and
                administrative costs necessary to receive TIFIA credit assistance.
                c. Minimum Project Size Requirement
                 For the purposes of determining whether a project meets the minimum
                project size requirement, the Department will count all future eligible
                project costs under the award and some related costs incurred before
                selection for an INFRA grant. Previously incurred costs will be counted
                toward the minimum project size requirement only if they were eligible
                project costs under Section C.3.b. and were expended as part of the
                project for which the applicant seeks funds. Although those previously
                incurred costs may be used for meeting the minimum project size
                thresholds described in this Section, they cannot be reimbursed with
                INFRA grant funds, nor will they count toward the project's required
                non-Federal share.
                i. Large Projects
                 The minimum project size for large projects is the lesser of $100
                million; 30 percent of a State's FY 2018 Federal-aid apportionment if
                the project is located in one State; or 50 percent of the larger
                participating State's FY 2018 apportionment for projects located in
                more than one State. The following chart identifies the minimum total
                project cost for projects for FY 2018 for both single and multi-State
                projects.
                ------------------------------------------------------------------------
                 FY19 NSFHP FY19 NSFHP
                 (30% of FY18 (50% of FY18
                 apportionment) apportionment)
                 State one-state multi-state
                 minimum minimum*
                 (millions) (millions)
                ------------------------------------------------------------------------
                Alabama................................. $100 $100
                Alaska.................................. 100 100
                Arizona................................. 100 100
                Arkansas................................ 100 100
                California.............................. 100 100
                Colorado................................ 100 100
                Connecticut............................. 100 100
                Delaware................................ 53 89
                Dist. of Col............................ 50 84
                Florida................................. 100 100
                Georgia................................. 100 100
                Hawaii.................................. 53 89
                Idaho................................... 90 100
                Illinois................................ 100 100
                Indiana................................. 100 100
                Iowa.................................... 100 100
                Kansas.................................. 100 100
                Kentucky................................ 100 100
                Louisiana............................... 100 100
                Maine................................... 58 97
                Maryland................................ 100 100
                Massachusetts........................... 100 100
                Michigan................................ 100 100
                Minnesota............................... 100 100
                Mississippi............................. 100 100
                Missouri................................ 100 100
                Montana................................. 100 100
                Nebraska................................ 91 100
                Nevada.................................. 100 100
                New Hampshire........................... 52 87
                [[Page 65793]]
                
                New Jersey.............................. 100 100
                New Mexico.............................. 100 100
                New York................................ 100 100
                North Carolina.......................... 100 100
                North Dakota............................ 78 100
                Ohio.................................... 100 100
                Oklahoma................................ 100 100
                Oregon.................................. 100 100
                Pennsylvania............................ 100 100
                Rhode Island............................ 69 100
                South Carolina.......................... 100 100
                South Dakota............................ 89 100
                Tennessee............................... 100 100
                Texas................................... 100 100
                Utah.................................... 100 100
                Vermont................................. 64 100
                Virginia................................ 100 100
                Washington.............................. 100 100
                West Virginia........................... 100 100
                Wisconsin............................... 100 100
                Wyoming................................. 81 100
                ------------------------------------------------------------------------
                * For multi-State projects, the minimum project size is the largest of
                 the multi-State minimums from the participating States.
                ii. Small Projects
                 A small project is an eligible project that does not meet the
                minimum project size described in Section C.3.c.i.
                d. Large/Small Project Requirements
                 For a large project to be selected, the Department must determine
                that the project generates national or regional economic, mobility, or
                safety benefits; is cost-effective; contributes to one or more of the
                goals described in 23 U.S.C 150; is based on the results of preliminary
                engineering; has one or more stable and dependable funding or financing
                sources available to construct, maintain, and operate the project, and
                contingency amounts are available to cover unanticipated cost
                increases; cannot be easily and efficiently completed without other
                Federal funding or financial assistance; and is reasonably expected to
                begin construction no later than 18 months after the date of
                obligation. These requirements are discussed in greater detail in
                section D.2.b.vii.
                 For a small project to be selected, the Department must consider
                the cost-effectiveness of the proposed project and the effect of the
                proposed project on mobility in the State and region in which the
                project is carried out.
                e. Rural/Urban Area
                 This section describes the statutory definition of urban and rural
                areas and the minimum statutory requirements for projects that meet
                those definitions. For more information on how the Department consider
                projects in urban, rural, and low population areas as part of the
                selection process, see Section E.1.a. Criterion #2, and E.1.c.
                 The INFRA statute defines a rural area as an area outside an
                Urbanized Area \2\ with a population of over 200,000. In this notice,
                urban area is defined as inside an Urbanized Area, as a designated by
                the U.S. Census Bureau, with a population of 200,000 or more.\3\ Rural
                and urban definitions differ in some other USDOT programs, including
                TIFIA and the FY 2018 BUILD Discretionary Grants program. Cost share
                requirements and minimum grant awards are the same for projects located
                in rural and urban areas. The Department will consider a project to be
                in a rural area if the majority of the project (determined by
                geographic location(s) where the majority of the money is to be spent)
                is located in a rural area. However, if a project consists of multiple
                components, as described under section C.3.f or C.3.g., then for each
                separate component the Department will determine whether that component
                is rural or urban. In some circumstances, including networks of
                projects under section C.3.g that cover wide geographic regions, this
                component-by-component determination may result in INFRA awards that
                include urban and rural funds.
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                 \2\ For Census 2010, the Census Bureau defined an Urbanized Area
                (UA) as an area that consists of densely settled territory that
                contains 50,000 or more people. Updated lists of UAs are available
                on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. For the purposes of the INFRA program,
                Urbanized Areas with populations fewer than 200,000 will be
                considered rural.
                 \3\ See www.transportation.gov/buildamerica/InFRAgrants for a
                list of Urbanized Areas with a population of 200,000 or more.
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                f. Project Components
                 An application may describe a project that contains more than one
                component. The USDOT may award funds for a component, instead of the
                larger project, if that component (1) independently meets minimum award
                amounts described in Section B and all eligibility requirements
                described in Section C, including the requirements for large projects
                described in Sections C.3.d and D.2.b.vii; (2) independently aligns
                well with the selection criteria specified in Section E; and (3) meets
                National Environmental Policy Act (NEPA) requirements with respect to
                independent utility. Independent utility means that the component will
                represent a transportation improvement that is usable and represents a
                reasonable expenditure of USDOT funds even if no other improvements are
                made in the area, and will be ready for intended use upon completion of
                that component's construction. If an application describes multiple
                components, the application should demonstrate how the components
                collectively advance the purposes of the INFRA program. An applicant
                should not add multiple components to a single application merely to
                aggregate costs or avoid submitting multiple applications.
                 Applicants should be aware that, depending upon applicable Federal
                law and the relationship among project components, an award funding
                only some project components may make other project components subject
                to Federal requirements as described in Section F.2.b. For example,
                under 40 CFR 1508.25, the NEPA review for the funded project component
                may need to include evaluation of all project components as connected,
                similar, or cumulative actions.
                 The Department strongly encourages applicants to identify in their
                applications the project components that meet independent utility
                standards and separately detail the costs and INFRA funding requested
                for each component. If the application identifies one or more
                independent project components, the application should clearly identify
                how each independent component addresses selection criteria and
                produces benefits on its own, in addition to describing how the full
                proposal of which the independent component is a part addresses
                selection criteria.
                g. Network of Projects
                 An application may describe and request funding for a network of
                projects. A network of projects is one INFRA award that consists of
                multiple projects addressing the same transportation problem. For
                example, if an applicant seeks to improve efficiency along a rail
                corridor, then their application might propose one award for four grade
                separation projects at four different railway-highway crossings. Each
                of the four projects would independently reduce congestion but the
                overall benefits would be greater if the projects were completed
                together under a single award.
                 The USDOT will evaluate applications that describe networks of
                projects similar to how it evaluates projects with multiple components.
                Because of their similarities, the guidance in Section C.3.f is
                applicable to networks of projects, and applicants should follow that
                guidance on how to
                [[Page 65794]]
                present information in their application. As with project components,
                depending upon applicable Federal law and the relationship among
                projects within a network of projects, an award that funds only some
                projects in a network may make other projects subject to Federal
                requirements as described in Section F.2.
                h. Application Limit
                 To encourage applicants to prioritize their INFRA submissions, each
                eligible applicant may submit no more than three applications. The
                three-application limit applies only to applications where the
                applicant is the lead applicant. There is no limit on applications for
                which an applicant can be listed as a partnering agency. If a lead
                applicant submits more than three applications as the lead applicant,
                only the first three received will be considered.
                D. Application and Submission Information
                1. Address
                 Applications must be submitted through www.Grants.gov. Instructions
                for submitting applications can be found at https://
                www.transportation.gov/buildamerica/InFRAgrants.
                2. Content and Form of Application
                 The application must include the Standard Form 424 (Application for
                Federal Assistance), Standard Form 424C (Budget Information for
                Construction Programs), cover page, and the Project Narrative. More
                detailed information about the cover pages and Project Narrative
                follows.
                a. Cover Page
                 Each application should contain a cover page with the following
                chart:
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Basic Project Information:
                 What is the Project Name?.............. ...........................
                 Who is the Project Sponsor?............ ...........................
                 Was an INFRA application for this ...........................
                 project submitted previously? (If Yes,
                 please include title).
                Project Costs: ...........................
                 INFRA Request Amount................... $
                 Estimated federal funding (excl. INFRA) $
                 Estimated non-federal funding.......... $
                 Future Eligible Project Cost (Sum of $
                 previous three rows).
                 Previously incurred project costs (if $
                 applicable).
                 Total Project Cost (Sum of `previous $
                 incurred' and `future eligible').
                 Are matching funds restricted to a ...........................
                 specific project component? If so,
                 which one?
                Project Eligibility: ...........................
                 Approximately how much of the estimated $
                 future eligible project costs will be
                 spent on components of the project
                 currently located on National Highway
                 Freight Network (NHFN)?
                 Approximately how much of the estimated $
                 future eligible project costs will be
                 spent on components of the project
                 currently located on the National
                 Highway System (NHS)?
                 Approximately how much of the estimated $
                 future eligible project costs will be
                 spent on components constituting
                 railway-highway grade crossing or
                 grade separation projects?
                 Approximately how much of the estimated $
                 future eligible project costs will be
                 spent on components constituting
                 intermodal or freight rail projects,
                 or freight projects within the
                 boundaries of a public or private
                 freight rail, water (including ports),
                 or intermodal facility?
                Project Location: ...........................
                 State(s) in which project is located. ...........................
                 Small or large project................. Small/Large.
                 Urbanized Area in which project. ...........................
                 is located, if applicable..............
                 Population of Urbanized Area. ...........................
                 Is the project currently programmed in Yes/no (please specify in
                 the:. which plans the project is
                 TIP........................... currently programmed).
                 STIP..........................
                 MPO Long Range Transportation
                 Plan..
                 State Long Range
                 Transportation Plan..
                 State Freight Plan?...........
                ------------------------------------------------------------------------
                b. Project Narrative for Construction Projects
                 The Department recommends that the project narrative follow the
                basic outline below to address the program requirements and assist
                evaluators in locating relevant information.
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                I. Project Description................. See D.2.b.i
                II. Project Location................... See D.2.b.ii.
                III. Project Parties................... See D.2.b.iii.
                IV. Grant Funds, Sources and Uses of See D.2.b.iv.
                 all Project Funding.
                V. Merit Criteria...................... See D.2.b.v.
                VI. Project Readiness.................. See D.2.b.vi and E.1.c.ii.
                VII. Large/Small Project Requirements.. See D.2.b.vii.
                ------------------------------------------------------------------------
                 The project narrative should include the information necessary for
                the Department to determine that the project satisfies project
                requirements described in Sections B and C and to assess the selection
                criteria specified in Section E.1. To the extent practicable,
                applicants should provide supporting data and documentation in a form
                that is directly verifiable by the Department. The Department may ask
                any applicant to supplement data in its application, but expects
                applications to be complete upon submission.
                 In addition to a detailed statement of work, detailed project
                schedule, and detailed project budget, the project narrative should
                include a table of contents, maps, and graphics, as appropriate, to
                make the information easier to review. The Department recommends that
                the project narrative be prepared with standard formatting preferences
                (i.e., a single-spaced document, using a standard 12-point font such as
                Times New Roman, with 1-inch margins). The project narrative may not
                exceed 25 pages in length, excluding cover pages and table of contents.
                The only substantive portions that may exceed the 25-page limit are
                documents supporting assertions or
                [[Page 65795]]
                conclusions made in the 25-page project narrative. If possible, website
                links to supporting documentation should be provided rather than copies
                of these supporting materials. If supporting documents are submitted,
                applicants should clearly identify within the project narrative the
                relevant portion of the project narrative that each supporting document
                supports. At the applicant's discretion, relevant materials provided
                previously to a modal administration in support of a different USDOT
                financial assistance program may be referenced and described as
                unchanged. The Department recommends using appropriately descriptive
                final names (e.g., ``Project Narrative,'' ``Maps,'' ``Memoranda of
                Understanding and Letters of Support,'' etc.) for all attachments. The
                USDOT recommends applications include the following sections:
                i. Project Summary
                 The first section of the application should provide a concise
                description of the project, the transportation challenges that it is
                intended to address, and how it will address those challenges. This
                section should discuss the project's history, including a description
                of any previously incurred costs. The applicant may use this section to
                place the project into a broader context of other infrastructure
                investments being pursued by the project sponsor.
                ii. Project Location
                 This section of the application should describe the project
                location, including a detailed geographical description of the proposed
                project, a map of the project's location and connections to existing
                transportation infrastructure, and geospatial data describing the
                project location. If the project is located within the boundary of a
                Census-designated Urbanized Area, the application should identify the
                Urbanized Area.
                iii. Project Parties
                 This section of the application should list all project parties,
                including details about the proposed grant recipient and other public
                and private parties who are involved in delivering the project, such as
                port authorities, terminal operators, freight railroads, shippers,
                carriers, freight-related associations, third-party logistics
                providers, and freight industry workforce organizations.
                iv. Grant Funds, Sources and Uses of Project Funds
                 This section of the application should describe the project's
                budget. At a minimum, it should include:
                 (A) Previously incurred expenses, as defined in Section C.3.c.
                 (B) Future eligible costs, as defined in Section C.3.c.
                 (C) For all funds to be used for future eligible project costs, the
                source and amount of those funds.
                 (D) For non-Federal funds to be used for future eligible project
                costs, documentation of funding commitments should be referenced here
                and included as an appendix to the application.
                 (E) For Federal funds to be used for future eligible project costs,
                the amount, nature, and source of any required non-Federal match for
                those funds.
                 (F) A budget showing how each source of funds will be spent. The
                budget should show how each funding source will share in each major
                construction activity, and present that data in dollars and
                percentages. Funding sources should be grouped into three categories:
                Non-Federal; INFRA; and other Federal. If the project contains
                components, the budget should separate the costs of each project
                component. If the project will be completed in phases, the budget
                should separate the costs of each phase. The budget should be detailed
                enough to demonstrate that the project satisfies the statutory cost-
                sharing requirements described in Section C.2.
                 (G) Information showing that the applicant has budgeted sufficient
                contingency amounts to cover unanticipated cost increases.
                 (H) The amount of the requested INFRA funds that would be subject
                to the limit on freight rail, port, and intermodal infrastructure
                described in Section B.2.
                 In addition to the information enumerated above, this section
                should provide complete information on how all project funds may be
                used. For example, if a particular source of funds is available only
                after a condition is satisfied, the application should identify that
                condition and describe the applicant's control over whether it is
                satisfied. Similarly, if a particular source of funds is available for
                expenditure only during a fixed time period, the application should
                describe that restriction. Complete information about project funds
                will ensure that the Department's expectations for award execution
                align with any funding restrictions unrelated to the Department, even
                if an award differs from the applicant's request.
                v. Merit Criteria
                 This section of the application should demonstrate how the project
                aligns with the Merit Criteria described in Section E.1 of this notice.
                The Department encourages applicants to address each criterion or
                expressly state that the project does not address the criterion.
                Applicants are not required to follow a specific format, but the
                following organization, which addresses each criterion separately,
                promotes a clear discussion that assists project evaluators. To
                minimize redundant information in the application, the Department
                encourages applicants to cross-reference from this section of their
                application to relevant substantive information in other sections of
                the application.
                 The guidance here is about how the applicant should organize their
                application. Guidance describing how the Department will evaluate
                projects against the Merit Criteria is in Section E.1 of this notice.
                Applicants also should review that section before considering how to
                organize their application.
                Criterion #1: Support for National or Regional Economic Vitality
                 This section of the application should describe the anticipated
                outcomes of the project that support the Economic Vitality criterion
                (described in Section E.1.a of this notice). The applicant should
                summarize the conclusions of the project's benefit-cost analysis,
                including estimates of the project's benefit-cost ratio and net
                benefits. The applicant should also describe economic impacts and other
                data-supported benefits that are not included in the benefit-cost
                analysis.
                 The benefit-cost analysis itself should be provided as an appendix
                to the project narrative, as described in Section D.2.d. of this
                notice.
                Criterion #2: Leveraging of Federal Funding
                 While the Leveraging Criterion will be assessed according to the
                methodology described in Section E.1.a., this section of the
                application may be used to include additional information that may
                strengthen the Department's understanding of the project sponsor's
                effort to improve non-federal leverage, including:
                 (A) A description of the applicant's activities to maximize the
                non-Federal share of the project funding;
                 (B) a description of all evaluations of the project for private
                funding, the outcome of those evaluations, and all activities
                undertaken to pursue private funding for the project;
                [[Page 65796]]
                 (C) a description of any fiscal constraints that affect the
                applicant's ability to increase the amount of non-Federal revenue
                dedicated for transportation infrastructure.
                Criterion #3: Potential for Innovation
                 This section of the application should contain sufficient
                information to evaluate how the project includes or enables innovation
                in: (1) The accelerated deployment of innovative technology and
                expanded access to broadband; (2) use of innovative permitting,
                contracting, and other project delivery practices; and (3) innovative
                financing. If the project does not address a particular innovation
                area, the application should state this fact. Please see Section E.1.a
                for additional information.
                Criterion #4: Performance and Accountability
                 This section of the application should include sufficient
                information to evaluate how the applicant will advance the Performance
                and Accountability program objective. In general, the applicant should
                indicate which (if any) accountability measures they are willing to
                implement or have implemented, along with the specific details
                necessary for the Department to evaluate their accountability measure.
                The applicant should also address the lifecycle cost component of this
                criterion in this section. See Section E.1.a for additional
                information.
                vi. Project Readiness
                 This section of the application should include information that,
                when considered with the project budget information presented elsewhere
                in the application, is sufficient for the Department to evaluate
                whether the project is reasonably expected to begin construction in a
                timely manner. To assist the Department's project readiness assessment,
                the applicant should provide the information requested on technical
                feasibility, project schedule, project approvals, and project risks,
                each of which is described in greater detail in the following sections.
                Applicants are not required to follow the specific format described
                here, but this organization, which addresses each relevant aspect of
                project readiness, promotes a clear discussion that assists project
                evaluators. To minimize redundant information in the application, the
                Department encourages applicants to cross-reference from this section
                of their application to relevant substantive information in other
                sections of the application.
                 The guidance here is about what information applicants should
                provide and how the applicant should organize their application.
                Guidance describing how the Department will evaluate a project's
                readiness is described in section E.1 of this notice. Applicants also
                should review that section before considering how to organize their
                application.
                 (A) Technical Feasibility. The applicant should demonstrate the
                technical feasibility of the project with engineering and design
                studies and activities; the development of design criteria and/or a
                basis of design; the basis for the cost estimate presented in the INFRA
                application, including the identification of contingency levels
                appropriate to its level of design; and any scope, schedule, and budget
                risk-mitigation measures. Applicants should include a detailed
                statement of work that focuses on the technical and engineering aspects
                of the project and describes in detail the project to be constructed.
                 (B) Project Schedule. The applicant should include a detailed
                project schedule that identifies all major project milestones. Examples
                of such milestones include State and local planning approvals
                (programming on the Statewide Transportation Improvement Program),
                start and completion of NEPA and other Federal environmental reviews
                and approvals including permitting; design completion; right of way
                acquisition; approval of plans, specifications and estimates (PS&E);
                procurement; State and local approvals; project partnership and
                implementation agreements including agreements with railroads; and
                construction. The project schedule should be sufficiently detailed to
                demonstrate that:
                 (1) All necessary activities will be complete to allow INFRA funds
                to be obligated sufficiently in advance of the statutory deadline
                (September 30, 2022 for FY 2019 funds), and that any unexpected delays
                will not put the funds at risk of expiring before they are obligated;
                 (2) the project can begin construction quickly upon obligation of
                INFRA funds, and that the grant funds will be spent expeditiously once
                construction starts; and
                 (3) all real property and right-of-way acquisition will be
                completed in a timely manner in accordance with 49 CFR part 24, 23 CFR
                part 710, and other applicable legal requirements or a statement that
                no acquisition is necessary.
                 (C) Required Approvals.
                 (1) Environmental Permits and Reviews. The application should
                demonstrate receipt (or reasonably anticipated receipt) of all
                environmental approvals and permits necessary for the project to
                proceed to construction on the timeline specified in the project
                schedule and necessary to meet the statutory obligation deadline,
                including satisfaction of all Federal, State, and local requirements
                and completion of the NEPA process. Specifically, the application
                should include:
                 (a) Information about the NEPA status of the project. If the NEPA
                process is complete, an applicant should indicate the date of
                completion, and provide a website link or other reference to the final
                Categorical Exclusion, Finding of No Significant Impact, Record of
                Decision, and any other NEPA documents prepared. If the NEPA process is
                underway, but not complete, the application should detail the type of
                NEPA review underway, where the project is in the process, and indicate
                the anticipated date of completion of all milestones and of the final
                NEPA determination. If the last agency action with respect to NEPA
                documents occurred more than three years before the application date,
                the applicant should describe why the project has been delayed and
                include a proposed approach for verifying and, if necessary, updating
                this material in accordance with applicable NEPA requirements.
                 (b) Information on reviews, approvals, and permits by other
                agencies. An application should indicate whether the proposed project
                requires reviews or approval actions by other agencies,\4\ indicate the
                status of such actions, and provide detailed information about the
                status of those reviews or approvals and should demonstrate compliance
                with any other applicable Federal, State, or local requirements, and
                when such approvals are expected. Applicants should provide a website
                link or other reference to copies of any reviews, approvals, and
                permits prepared.
                ---------------------------------------------------------------------------
                 \4\ Projects that may impact protected resources such as
                wetlands, species habitat, cultural or historic resources require
                review and approval by Federal and State agencies with jurisdiction
                over those resources.
                ---------------------------------------------------------------------------
                 (c) Environmental studies or other documents--preferably through a
                website link--that describe in detail known project impacts, and
                possible mitigation for those impacts.
                 (d) A description of discussions with the appropriate USDOT modal
                administration field or headquarters office regarding the project's
                compliance with NEPA and other applicable Federal environmental reviews
                and approvals.
                [[Page 65797]]
                 (e) A description of public engagement about the project that has
                occurred, including details on the degree to which public comments and
                commitments have been integrated into project development and design.
                 (2) State and Local Approvals. The applicant should demonstrate
                receipt of State and local approvals on which the project depends, such
                as State and local environmental and planning approvals and STIP or TIP
                funding. Additional support from relevant State and local officials is
                not required; however, an applicant should demonstrate that the project
                has broad public support.
                 (3) Federal Transportation Requirements Affecting State and Local
                Planning. The planning requirements applicable to the Federal-aid
                highway program apply to all INFRA projects, but for port, freight, and
                rail projects, planning requirements of the operating administration
                that will administer the INFRA project will also apply,\5\ including
                intermodal projects located at airport facilities.\6\ Applicants should
                demonstrate that a project that is required to be included in the
                relevant State, metropolitan, and local planning documents has been or
                will be included in such documents. If the project is not included in a
                relevant planning document at the time the application is submitted,
                the applicant should submit a statement from the appropriate planning
                agency that actions are underway to include the project in the relevant
                planning document.
                ---------------------------------------------------------------------------
                 \5\ In accordance with 23 U.S.C. 134 and Sec. 135, all projects
                requiring an action by the Federal Highway Administration (FHWA)
                must be in the applicable plan and programming documents (e.g.,
                metropolitan transportation plan, transportation improvement program
                (TIP) and statewide transportation improvement program (STIP)).
                Further, in air quality non-attainment and maintenance areas, all
                regionally significant projects, regardless of the funding source,
                must be included in the conforming metropolitan transportation plan
                and TIP. Inclusion in the STIP is required under certain
                circumstances. To the extent a project is required to be on a
                metropolitan transportation plan, TIP, and/or STIP, it will not
                receive an INFRA grant until it is included in such plans. Projects
                not currently included in these plans can be amended by the State
                and metropolitan planning organization (MPO). Projects that are not
                required to be in long range transportation plans, STIPs, and TIPs
                will not need to be included in such plans in order to receive an
                INFRA grant. Port, freight rail, and intermodal projects are not
                required to be on the State Rail Plans called for in the Passenger
                Rail Investment and Improvement Act of 2008. However, applicants
                seeking funding for freight projects are encouraged to demonstrate
                that they have done sufficient planning to ensure that projects fit
                into a prioritized list of capital needs and are consistent with
                long-range goals. Means of demonstrating this consistency would
                include whether the project is in a TIP or a State Freight Plan that
                conforms to the requirements Section 70202 of Title 49 prior to the
                start of construction. Port planning guidelines are available at
                StrongPorts.gov.
                 \6\ Projects at grant obligated airports must be compatible with
                the FAA-approved Airport Layout Plan (ALP), as well as aeronautical
                surfaces associated with the landing and takeoff of aircraft at the
                airport. Additionally, projects at an airport: Must comply with
                established Sponsor Grant Assurances, including (but not limited to)
                requirements for non-exclusive use facilities, consultation with
                users, consistency with local plans including development of the
                area surrounding the airport, and consideration of the interest of
                nearby communities, among others; and must not adversely affect the
                continued and unhindered access of passengers to the terminal.
                ---------------------------------------------------------------------------
                 To the extent possible, freight projects should be included in a
                State Freight Plan and supported by a State Freight Advisory Committee
                (49 U.S.C. 70201, 70202). Applicants should provide links or other
                documentation supporting this consideration.
                 Because projects have different schedules, the construction start
                date for each INFRA grant will be specified in the project-specific
                agreements signed by relevant modal administration and the grant
                recipients, based on critical path items that applicants identify in
                the application and will be consistent with relevant State and local
                plans.
                 (D) Assessment of Project Risks and Mitigation Strategies. Project
                risks, such as procurement delays, environmental uncertainties,
                increases in real estate acquisition costs, uncommitted local match, or
                lack of legislative approval, affect the likelihood of successful
                project start and completion. The applicant should identify all
                material risks to the project and the strategies that the lead
                applicant and any project partners have undertaken or will undertake in
                order to mitigate those risks. The applicant should assess the greatest
                risks to the project and identify how the project parties will mitigate
                those risks.
                 To the extent it is unfamiliar with the Federal program, the
                applicant should contact USDOT modal field or headquarters offices as
                found at www.transportation.gov/infragrants for information on what
                steps are pre-requisite to the obligation of Federal funds in order to
                ensure that their project schedule is reasonable and that there are no
                risks of delays in satisfying Federal requirements.
                vii. Large/Small Project Requirements
                 To select a large project for award, the Department must determine
                that the project satisfies several statutory requirements enumerated at
                23 U.S.C. 117(g) and restated in the table below. The application must
                include sufficient information for the Department to make these
                determinations. Applicants should use this section of the application
                to summarize how their project meets each of the following
                requirements. Applicants are not required to reproduce the table below
                in their application, but following this format will help evaluators
                identify the relevant information that supports each large project
                determination. To minimize redundant information in the application,
                the Department encourages applicants to cross-reference from this
                section of their application to relevant substantive information in
                other sections of the application.
                ------------------------------------------------------------------------
                 Large project determination Guidance
                ------------------------------------------------------------------------
                1. Does the project generate national Summarize the economic,
                 or regional economic, mobility, or mobility, and safety benefits
                 safety benefits? described in Section V of the
                 application, and describe the
                 scale of their impact in
                 national or regional terms.
                2. Is the project cost effective?...... Highlight the results of the
                 benefit cost analysis
                 described in Section V of the
                 application.
                3. Does the project contribute to one Specify the Goal(s) and
                 or more of the Goals listed under 23 summarize how the project
                 U.S.C. 150 (and shown below)? contributes to that goal(s).
                 This information may also be
                 found in Section I or Section
                 V.
                 (b) National Goals.--It is in the
                 interest of the United States to
                 focus the Federal-aid highway
                 program on the following national
                 goals:
                 (1) Safety.--To achieve a
                 significant reduction in
                 traffic fatalities and serious
                 injuries on all public roads.
                 (2) Infrastructure condition.--
                 To maintain the highway
                 infrastructure asset system in
                 a state of good repair.
                 (3) Congestion reduction.--To
                 achieve a significant
                 reduction in congestion on the
                 National Highway System.
                [[Page 65798]]
                
                 (4) System reliability.--To
                 improve the efficiency of the
                 surface transportation system.
                 (5) Freight movement and
                 economic vitality.--To improve
                 the national freight network,
                 strengthen the ability of
                 rural communities to access
                 national and international
                 trade markets, and support
                 regional economic development.
                 (6) Environmental
                 sustainability.--To enhance
                 the performance of the
                 transportation system while
                 protecting and enhancing the
                 natural environment.
                 (7) Reduced project delivery
                 delays.--To reduce project
                 costs, promote jobs and the
                 economy, and expedite the
                 movement of people and goods
                 by accelerating project
                 completion through eliminating
                 delays in the project
                 development and delivery
                 process, including reducing
                 regulatory burdens and
                 improving agencies' work
                 practices.
                4. Is the project based on the results Yes/No. Please provide evidence
                 of preliminary engineering?. of preliminary engineering.
                 For more information on
                 preliminary engineering
                 activities, please see: https://www.fhwa.dot.gov/federalaid/150311.cfm.
                5a. With respect to non-Federal Please indicate funding
                 financial commitments, does the source(s) and amounts.
                 project have one or more stable and Historical trends, current
                 dependable funding or financing policy, or future feasibility
                 sources to construct, maintain, and analyses can be used as
                 operate the project? evidence to substantiate the
                 stable and dependable nature
                 of the non-Federal funding or
                 financing.
                5b. Are contingency amounts available Contingency amounts are often,
                 to cover unanticipated cost increases? but not always, expressly
                 shown in project budgets or
                 the SF-424C. If your project
                 cost estimates include an
                 implicit contingency
                 calculation, please say so
                 directly.
                6. Is it the case that the project Discussion of the impact that
                 cannot be easily and efficiently not having any Federal
                 completed without other Federal funding, including an INFRA
                 funding or financial assistance grant, would have on project's
                 available to the project sponsor? schedule, cost, or likelihood
                 of completion, can help convey
                 whether a project can be
                 completed as easily or
                 efficiently without Federal
                 funding available to the
                 project sponsor.
                7. Is the project reasonably expected Please reference project budget
                 to begin construction not later than and schedule when providing
                 18 months after the date of obligation evidence.
                 of funds for the project?
                ------------------------------------------------------------------------
                 For a small project to be selected, the Department must consider
                the cost effectiveness of the proposed project and the effect of the
                proposed project on mobility in the State and region in which the
                project is carried out. If an applicant seeks an award for a small
                project, it should use this section to provide information on the
                project's cost effectiveness and the project's effect on the mobility
                in its State and region, or refer to where else the information can be
                found in the application.
                c. Guidance for Benefit-Cost Analysis
                 This section describes the recommended approach for the completion
                and submission of a benefit-cost analysis (BCA) as an appendix to the
                Project Narrative. The results of the analysis should be summarized in
                the Project Narrative directly, as described in Section D.2.b.v.
                 Applicants should delineate each of their project's expected
                outcomes in the form of a complete BCA to enable the Department to
                consider cost-effectiveness (small projects), determine whether the
                project will be cost effective (large projects), estimate a benefit-
                cost ratio and calculate the magnitude of net benefits and costs for
                the project. In support of each project for which an applicant seeks
                funding, the applicant should submit a BCA that quantifies the expected
                benefits and costs of the project against a no-build baseline.
                Applicants should use a real discount rate (i.e., the discount rate net
                of the inflation rate) of 7 percent per year to discount streams of
                benefits and costs to their present value in their BCA.
                 The primary economic benefits from projects eligible for INFRA
                grants are likely to include savings in travel time costs, vehicle
                operating costs, and safety costs for both existing users of the
                improved facility and new users who may be attracted to it as a result
                of the project. Reduced damages from vehicle emissions and savings in
                maintenance costs to public agencies may also be quantified. Applicants
                may describe other categories of benefits in the BCA that are more
                difficult to quantify and value in economic terms, such as improving
                the reliability of travel times or improvements to the existing human
                and natural environments (such as increased connectivity, improved
                public health, storm water runoff mitigation, and noise reduction),
                while also providing numerical estimates of the magnitude and timing of
                each of these additional impacts wherever possible. Any benefits
                claimed for the project, both quantified and unquantified, should be
                clearly tied to the expected outcomes of the project.
                 The BCA should include the full costs of developing, constructing,
                operating, and maintaining the proposed project (including both
                previously incurred and future costs), as well as the expected timing
                or schedule for costs in each of these categories. The BCA may also
                consider the present discounted value of any remaining service life of
                the asset at the end of the analysis period (net of future maintenance
                and rehabilitation costs) as a deduction from the estimated costs. The
                costs and benefits that are compared in the BCA should also cover the
                same project scope.
                 The BCA should carefully document the assumptions and methodology
                used to produce the analysis, including a description of the baseline,
                the sources of data used to project the outcomes of the project, and
                the values of key input parameters. Applicants should provide all
                relevant files used for their BCA, including any spreadsheet files and
                technical memos describing the analysis (whether created in-house or by
                a contractor). The spreadsheets and technical memos should present the
                calculations in sufficient detail and transparency to allow the
                analysis to be reproduced by USDOT evaluators. Detailed guidance for
                estimating some types of quantitative benefits and costs, together with
                recommended economic values for converting them to dollar
                [[Page 65799]]
                terms and discounting to their present values, are available in the
                Department's guidance for conducting BCAs for projects seeking funding
                under the INFRA program (see https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance).
                 Applicants for freight projects within the boundaries of a freight
                rail, water (including ports), or intermodal facility should also
                quantify the benefits of their proposed projects for freight movements
                on the National Highway Freight Network, and should demonstrate that
                the Federal share of the project funds only elements of the project
                that provide public benefits.
                3. Unique Entity Identifier and System for Award Management (SAM)
                 Each applicant must: (1) Be registered in SAM before submitting its
                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 it has an active
                Federal award or an application or plan under consideration by a
                Federal awarding agency. The Department may not make an INFRA grant to
                an applicant until the applicant has complied with all applicable
                unique entity identifier and SAM requirements and, if an applicant has
                not fully complied with the requirements by the time the Department is
                ready to make an INFRA grant, the Department may determine that the
                applicant is not qualified to receive an INFRA grant and use that
                determination as a basis for making an INFRA grant to another
                applicant.
                4. Submission Dates and Timelines
                a. Deadline
                 Applications must be submitted by 8:00 p.m. EST March 4, 2019. The
                Grants.gov ``Apply'' function will open by January 7, 2019.
                 To submit an application through Grants.gov, applicants must:
                 (1) Obtain a Data Universal Numbering System (DUNS) number:
                 (2) Register with the System Award for Management (SAM) at
                www.sam.gov; and
                 (3) Create a Grants.gov username and password;
                 (4) The E-business Point of Contact (POC) at the applicant's
                organization must also respond to the registration email from
                Grants.gov and login at Grants.gov to authorize the POC as an
                Authorized Organization Representative (AOR). Please note that there
                can only be one AOR per organization.
                 Please note that the Grants.gov registration process usually takes
                2-4 weeks to complete and that the Department will not consider late
                applications that are the result of failure to register or comply with
                Grants.gov applicant requirements in a timely manner. For information
                and instruction on each of these processes, please see instructions at
                http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If
                interested parties experience difficulties at any point during the
                registration or application process, please call the Grants.gov
                Customer Service Support Hotline at 1(800) 518-4726, Monday-Friday from
                7:00 a.m. to 9:00 p.m. EST.
                b. Consideration of Application
                 Only applicants who comply with all submission deadlines described
                in this notice and submit applications through Grants.gov will be
                eligible for award. Applicants are strongly encouraged to make
                submissions in advance of the deadline.
                c. Late Applications
                 Applications received after the deadline will not be considered
                except in the case of unforeseen technical difficulties outlined in
                Section D.4.d.
                d. Late Application Policy
                 Applicants experiencing technical issues with Grants.gov that are
                beyond the applicant's control must contact INFRAgrants@dot.gov prior
                to the application deadline with the user name of the registrant and
                details of the technical issue experienced. The applicant must provide:
                 (1) Details of the technical issue experienced;
                 (2) Screen capture(s) of the technical issues experienced along
                with corresponding Grants.gov ``Grant tracking number'';
                 (3) The ``Legal Business Name'' for the applicant that was provided
                in the SF-424;
                 (4) The AOR name submitted in the SF-424;
                 (5) The DUNS number associated with the application; and
                 (6) The Grants.gov Help Desk Tracking Number.
                 To ensure a fair competition of limited discretionary funds, the
                following conditions are not valid reasons to permit late submissions:
                (1) Failure to complete the registration process before the deadline;
                (2) failure to follow Grants.gov instructions on how to register and
                apply as posted on its website; (3) failure to follow all of the
                instructions in this notice of funding opportunity; and (4) technical
                issues experienced with the applicant's computer or information
                technology environment. After the Department reviews all information
                submitted and contacts the Grants.gov Help Desk to validate reported
                technical issues, USDOT staff will contact late applicants to approve
                or deny a request to submit a late application through Grants.gov. If
                the reported technical issues cannot be validated, late applications
                will be rejected as untimely.
                E. Application Review Information
                1. Criteria
                a. Merit Criteria for Construction Projects
                 To differentiate among applications for construction projects under
                this notice, the Department will consider the extent to which the
                project addresses the follow criteria, which are explained in greater
                detail below and reflect the key program objectives described in
                Section A.2: (1) Support for national or regional economic vitality;
                (2) leveraging of Federal funding; (3) potential for innovation; and
                (4) performance and accountability. The Department is neither weighting
                these criteria nor requiring that each application address every
                criterion, but the Department expects that competitive applications
                will substantively address all four criteria.
                Criterion #1: Support for National or Regional Economic Vitality
                 The Department will consider the extent to which a project would
                support the economic vitality of either the nation or a region. To the
                extent possible, the Department will rely on quantitative, data-
                supported analysis to assess how well a project addresses this
                criterion, including an assessment of the applicant-supplied benefit-
                cost analysis described in Section D.2.d. In addition to considering
                the anticipated outcomes of the project that align with this criterion,
                the Department will consider estimates of the project's benefit-cost
                ratio and net quantifiable benefits.
                 There are several different types of projects that the Department
                anticipates will successfully support national or regional economic
                vitality, including projects that:
                 Achieve a significant reduction in traffic fatalities
                and serious injuries on the surface transportation system;
                 Improve interactions between roadway users, reducing
                the likelihood of derailments or high consequence events;
                 Eliminate bottlenecks in the freight supply chain;
                 Ensure or restore the good condition of infrastructure
                that supports commerce and economic growth;
                [[Page 65800]]
                 Sustain or advance national or regional economic
                development in areas of need, including projects that provide or
                improve connections to the Nation's transportation network to
                support the movement of freight and people; and
                 Reduce barriers separating workers from employment
                centers, including projects that are primarily oriented toward
                reducing traffic congestion and corridor projects that reduce
                transportation network gaps to connect peripheral regions to urban
                centers or job opportunities.
                 The Department anticipates that applications for networks of
                projects are likely to align well with this evaluation criterion
                because networks of projects often are able to address problems on a
                broader scale.
                Criterion #2: Leveraging of Federal Funding
                 To maximize the impact of INFRA awards, the Department seeks to
                leverage INFRA funding with non-Federal contributions. To evaluate this
                criterion, the Department will assign a rating to each project based on
                how the calculated non-federal share of the project's future eligible
                project costs compares with other projects proposed for INFRA funding.
                The Department will sort large and small project applications' non-
                federal leverage percentage from high to low, and the assigned ratings
                will be based on quintile: Projects in the 80th percentile and above
                receive the highest rating; the 60th-79th percentile receive the second
                highest rating; 40th-59th, the third highest; 20th-39th, the fourth
                highest; and 0-19th, the lowest rating.
                 DOT recognizes that applicants have varying abilities and resources
                to contribute non-Federal contributions. If an applicant describes
                broader fiscal constraints that affect its ability to generate or draw
                on non-Federal contributions, the Department may consider those
                constraints. Relevant constraints may include the size of the
                population taxed to supply the matching funds, the wealth of that
                population, or other constraints on the raising of funds. In addition,
                the Department may consider whether there are obstacles to collecting
                non-federal revenue from a project's beneficiaries, including the
                extent to which a project's beneficiaries reside in the sponsor's
                jurisdiction.
                 This evaluation criterion is separate from the statutory cost share
                requirements for INFRA grants, which are described in Section C.2.
                Those statutory requirements establish the minimum permissible non-
                Federal share; they do not define a competitive INFRA project.
                Criterion #3: Potential for Innovation
                 The Department seeks to use the INFRA program to encourage
                innovation in three areas: (1) The accelerated deployment of innovative
                technology and expanded access to broadband; (2) use of innovative
                permitting, contracting, and other project delivery practices; and (3)
                innovative financing. The project will be assigned an innovation rating
                based on how it cumulatively addresses these areas. Applications which
                address at least two of these three areas will be assigned a high
                rating. Applications which address one of these areas will be assigned
                a medium rating. Applications which address none of these areas will be
                assigned a low rating.
                 In Innovation Area #1: Technology, the application will be
                determined to have addressed the Technology Innovation Area if the
                INFRA project incorporates any of the following:
                 Conflict detection and mitigation technologies (e.g.,
                intersection alerts, signal prioritization, or smart traffic
                signals);
                 Dynamic signaling or pricing systems to reduce
                congestion;
                 Signage and design features that facilitate autonomous
                or semi-autonomous vehicle technologies;
                 Applications to automatically capture and report
                safety-related issues (e.g., identifying and documenting near-miss
                incidents);
                 V2X Technologies (e.g. technology which facilitates
                passing of information between a vehicle and any entity which may
                affect the vehicle);
                 Cybersecurity elements to protect safety-critical
                systems;
                 Technology at land and sea ports of entry that reduces
                congestion, wait times, and delays, while maintaining or enhancing
                the integrity of our border;
                 Other Intelligent Transportation Systems (ITS) which
                directly benefit the project's users.
                 The application will also address the Technology Innovation Area
                if the project facilitates broadband deployment and the installation
                of high-speed networks concurrent with project construction.
                 In Innovation Area #2: Project Delivery, the Department will assess
                whether the applicant intends to pursue an innovative strategy to
                improve project delivery. These strategies will result in more
                efficient project implementation. Some of these strategies may require
                the use of a SEP-14 or SEP-15 waiver, but many do not: An application
                can address this innovation area without requiring a waiver. Examples
                of innovative project delivery include:
                 Contracting/Procurement:
                 [cir] Indefinite Quantity/Indefinite Delivery Contracting
                 [cir] Alternative Pavement Type Bidding
                 [cir] No Excuse Bonuses
                 [cir] Lump Sum Bidding
                 [cir] Best Value Procurement
                 [cir] System Integrator Contracts
                 [cir] Progressive Design-Build
                 [cir] P3 DBFOM Procurements
                 Environmental Requirements
                 [cir] NEPA/Section 404 Merger
                 [cir] Use of Permitting/Authorization Agency Liaisons
                 [cir] Establishment of State/Local ``One-Stop-Shop'' for
                Permitting
                 [cir] Programmatic Agreements
                 Every Day Counts Initiative
                 [cir] Use of proven technologies and innovations to shorten and
                enhance project delivery listed at https://www.fhwa.dot.gov/innovation/everydaycounts/edc_innovation.cfm
                 Finally, in Innovation Area #3, Innovative Financing, the
                Department will consider if the project financial plan incorporates
                funding or financing from innovative sources, or if the applicant
                describes recent or pending efforts to raise significant new revenue
                for transportation investment across its program.
                 Examples of innovative sources in a financial plan include:
                 Private Sector contributions, excluding donated right-of-
                way, amounting to at least $5 million,
                 Revenue from the competitive sale or lease of publicly
                owned or operated asset, or
                 Financing supported by direct project user fees
                Examples of significant new revenue--provided it is dedicated to
                transportation investment across an applicant's program--include:
                 Revenue resulting from recent or pending increases to sales
                or fuel taxes
                 Revenue resulting from the recent or pending implementation
                of tolling
                 Revenue resulting from the recent or pending adoption of
                value capture strategies such as tax-increment financing
                 Revenue resulting from the recent or pending competitive
                sale or lease of publicly owned or operated assets
                Criterion #4: Performance and Accountability
                 The Department encourages applicants to describe a credible plan to
                address the full lifecycle costs associated with the project and
                implement an accountability measure as described in Section A.2.d of
                this NOFO.
                 A credible plan to address full lifecycle costs should include, at
                a minimum, (1) an estimate of the lifecycle costs of the project; (2)
                an identified source of funding that will be sufficient to pay for
                operation and maintenance of the project; and (3) a description of
                controls in place to ensure the identified funding will not be diverted
                away from operation and
                [[Page 65801]]
                maintenance. Examples of such controls include if a private sector
                entity is contractually obligated to maintain the project, if a project
                sponsor has a demonstrated history of fully funding maintenance on its
                assets, or if the sponsor describes an asset management plan or
                strategy.
                 Applicants intending to address the accountability measure portion
                of this criterion should describe how they meet at least one of the
                three options below:
                 (1) The applicant should agree to meet a specific construction
                start and completion date, detailed in the application. If the
                project sponsor does not meet these deadlines, the project will be
                subject to forfeit or return of up to 10% of the awarded funds, or
                $10 million, whichever is lower.
                 (2) The applicant should propose a specific indicator of project
                success that will be evident within 12 months of project completion.
                The indicator should relate to a benefit estimated in the BCA (e.g.,
                travel time savings), and the level of performance should be
                consistent with the estimates in the BCA. If the project fails to
                produce this specific outcome in the time allotted, it will be
                subject to forfeit or return of up to 10% of the awarded funds, or
                $10 million, whichever is lower.
                 (3) The applicant should describe a specific recent example of
                enacting state or local policy change to facilitate interstate
                commerce. Examples include:
                 a. Collaborating with neighboring states on interstate toll
                financing
                 b. Collaborating on cross-state energy distribution
                infrastructure
                 The project will be assigned a Performance and Accountability
                rating based on how it addresses these areas. Applications that address
                both lifecycle costs and accountability measures will receive a high
                rating. Applications that address either lifecycle costs or
                accountability measures, but not both, will receive a medium rating.
                Applications that address neither area will receive a low rating.
                b. Additional Considerations
                i. Geographic Diversity
                 By statute, when selecting INFRA projects, the Department must
                consider contributions to geographic diversity among recipients,
                including the need for a balance between the needs of rural and urban
                communities. However, the Department also recognizes that it can better
                balance the needs of rural and urban communities if it does not take a
                binary view of urban and rural. Accordingly, in addition to considering
                whether a project is ``rural'' as defined by the INFRA statute and
                described in section C.3.e, when balancing the needs of rural and urban
                communities, the Department will consider the actual population of the
                community that each project serves.
                ii. Project Readiness
                 During application evaluation, the Department considers project
                readiness in two ways: To assess the likelihood of successful project
                delivery and to confirm that a project will satisfy statutory readiness
                requirements.
                 First, the Department will consider significant risks to successful
                completion of a project, including risks associated with environmental
                review, permitting, technical feasibility, funding, and the applicant's
                capacity to manage project delivery. Risks do not disqualify projects
                from award, but competitive applications clearly and directly describe
                achievable risk mitigation strategies. A project with mitigated risks
                is more competitive than a comparable project with unaddressed risks.
                 Second, by statute, the Department cannot award a large project
                unless that project is reasonably expected to begin construction within
                18 months of obligation of funds for the project. Obligation occurs
                when a selected applicant enters a written, project-specific agreement
                with the Department and is generally after the applicant has satisfied
                applicable administrative requirements, including transportation
                planning and environmental review requirements. Depending on the nature
                of pre-construction activities included in the awarded project, the
                Department may obligate funds in phases. Preliminary engineering and
                right-of-way acquisition activities, such as environmental review,
                design work, and other preconstruction activities, do not fulfill the
                requirement to begin construction within 18 months of obligation for
                large projects. By statute, INFRA funds must be obligated within three
                years of the end of the fiscal year for which they are authorized.
                Therefore, for awards with FY 2019 funds, the Department will determine
                that large projects with an anticipated obligation date beyond
                September 30, 2022 are not reasonably expected to begin construction
                within 18 months of obligation.
                iii. Previous Awards
                 The Department may consider whether the project has previously
                received an award from the TIGER, BUILD, FASTLANE, INFRA, or other
                departmental discretionary grant programs.
                2. Review and Selection Process
                 The USDOT will review all eligible applications received before the
                application deadline. The INFRA process consists of a Technical
                Evaluation phase and Senior Review. In the Technical Evaluation phase,
                teams will, for each project, determine whether the project satisfies
                statutory requirements and rate how well it addresses the selection
                criteria. The Senior Review Team will consider the applications and the
                technical evaluations to determine which projects to advance to the
                Secretary for consideration. The Secretary will ultimately select the
                projects for award. A Quality Control and Oversight Team will ensure
                consistency across project evaluations and appropriate documentation
                throughout the review and selection process.
                3. Additional Information
                 Prior to award, each selected applicant will be subject to a risk
                assessment as required by 2 CFR 200.205. The Department must review and
                consider any information about the applicant that is in the designated
                integrity and performance system accessible through SAM (currently the
                Federal Awardee Performance and Integrity Information System (FAPIIS)).
                An applicant may review information in FAPIIS and comment on any
                information about itself. The Department will consider comments by the
                applicant, in addition to the other information in FAPIIS, in making a
                judgment about the applicant's integrity, business ethics, and record
                of performance under Federal awards when completing the review of risk
                posed by applicants.
                F. Federal Award Administration Information
                1. Federal Award Notices
                 Following the evaluation outlined in Section E, the Secretary will
                announce awarded projects by posting a list of selected projects at
                https://www.transportation.gov/buildamerica/INFRAgrants. Following the
                announcement, the Department will contact the point of contact listed
                in the SF 424 to initiate negotiation of a project-specific agreement.
                2. Administrative and National Policy Requirements
                a. Safety Requirements
                 The Department will require INFRA projects to meet two general
                requirements related to safety. First, INFRA projects must be part of a
                thoughtful, data-driven approach to safety. Each State maintains a
                strategic
                [[Page 65802]]
                highway safety plan.\7\ INFRA projects will be required to incorporate
                appropriate elements that respond to priority areas identified in that
                plan and are likely to yield safety benefits. Second, INFRA projects
                will incorporate appropriate safety-related activities that the Federal
                Highway Administration (FHWA) has identified as ``proven safety
                countermeasures'' due to their history of demonstrated
                effectiveness.\8\
                ---------------------------------------------------------------------------
                 \7\ Information on State-specific strategic highway safety plans
                is available at https://safety.fhwa.dot.gov/shsp/other_resources.cfm.
                 \8\ Information on FHWA proven safety countermeasures is
                available at: https://safety.fhwa.dot.gov/provencountermeasures/.
                ---------------------------------------------------------------------------
                 After selecting INFRA recipients, the Department will work with
                those recipients on a project-by-project basis to determine the
                specific safety requirements that are appropriate for each award.
                b. Other Administrative and Policy Requirements
                 All INFRA awards will be administered pursuant to the Uniform
                Administrative Requirements, Cost Principles and Audit Requirements for
                Federal Awards found in 2 CFR part 200, as adopted by USDOT at 2 CFR
                part 1201. A project carried out under the INFRA program will be
                treated as if the project is located on a Federal-aid highway. All
                INFRA projects are subject to the Buy America requirement at 23 U.S.C.
                313. Additionally, applicable Federal laws, rules and regulations of
                the relevant operating administration administering the project will
                apply to the projects that receive INFRA grants, including planning
                requirements, Stakeholder Agreements, and other requirements under the
                Department's other highway, transit, rail, and port grant programs. For
                an illustrative list of the applicable laws, rules, regulations,
                executive orders, policies, guidelines, and requirements as they relate
                to an INFRA grant, please see http://www.ops.fhwa.dot.gov/Freight/infrastructure/nsfhp/fy2016_gr_exhbt_c/index.htm.
                 The applicability of Federal requirements to a project may be
                affected by the scope of the NEPA reviews for that project. For
                example, under 23 U.S.C. 313(g), Buy America requirements apply to all
                contracts that are eligible for assistance under title 23, United
                States Code, and are carried out within the scope of the NEPA finding,
                determination, or decision regardless of the funding source of such
                contracts if at least one contract is funded with Title 23 funds.
                3. Reporting
                a. Progress Reporting on Grant Activity
                 Each applicant selected for an INFRA grant must submit the Federal
                Financial Report (SF-425) on the financial condition of the project and
                the project's progress, as well as an Annual Budget Review and Program
                Plan to monitor the use of Federal funds and ensure accountability and
                financial transparency in the INFRA program.
                b. Reporting of Matters Related to Integrity and Performance
                 If the total value of a selected applicant's currently 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 this Federal award, then the
                applicant during that period of time must maintain the currency of
                information reported to the System for Award Management (SAM) that is
                made available in the designated integrity and performance system
                (currently the Federal Awardee Performance and Integrity Information
                System (FAPIIS)) about civil, criminal, or administrative proceedings
                described in paragraph 2 of this award term and condition. This is a
                statutory requirement under section 872 of Public Law 110-417, as
                amended (41 U.S.C. 2313). As required by section 3010 of Public Law
                111-212, all information posted in the designated integrity and
                performance system on or after April 15, 2011, except past performance
                reviews required for Federal procurement contracts, will be publicly
                available.
                G. Federal Awarding Agency Contacts
                 For further information concerning this notice, please contact the
                Office of the Secretary via email at INFRAgrants@dot.gov. For other
                INFRA program questions, please contact Paul Baumer at (202) 366-1092.
                A TDD is available for individuals who are deaf or hard of hearing at
                202-366-3993. In addition, up to the application deadline, the
                Department will post answers to common questions and requests for
                clarifications on USDOT's website at https://www.transportation.gov/buildamerica/INFRAgrants. To ensure applicants receive accurate
                information about eligibility or the program, the applicant is
                encouraged to contact USDOT directly, rather than through
                intermediaries or third parties, with questions.
                H. Other Information
                1. Protection of Confidential Business Information
                 All information submitted as part of, or in support of, any
                application shall use publicly available data or data that can be made
                public and methodologies that are accepted by industry practice and
                standards, to the extent possible. If the application includes
                information the applicant considers to be a trade secret or
                confidential commercial or financial information, the applicant should
                do the following: (1) Note on the front cover that the submission
                ``Contains Confidential Business Information (CBI)''; (2) mark each
                affected page ``CBI''; and (3) highlight or otherwise denote the CBI
                portions.
                 The Department protects such information from disclosure to the
                extent allowed under applicable law. In the event the Department
                receives a Freedom of Information Act (FOIA) request for the
                information, USDOT will follow the procedures described in its FOIA
                regulations at 49 CFR 7.17. Only information that is ultimately
                determined to be confidential under that procedure will be exempt from
                disclosure under FOIA.
                2. Publication of Application Information
                 Following the completion of the selection process and announcement
                of awards, the Department intends to publish a list of all applications
                received along with the names of the applicant organizations and
                funding amounts requested. Except for the information properly marked
                as described in Section H.1., the Department may make application
                narratives publicly available.
                 Issued in Washington, DC, on December 17, 2018.
                Elaine L. Chao,
                Secretary of Transportation.
                [FR Doc. 2018-27695 Filed 12-20-18; 8:45 am]
                 BILLING CODE 4910-9X-P
                

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