[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31135-31151]
[FR Doc No: 2017-14042]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2017-0090]

Notice of Funding Opportunity for the Department of
Transportation's Nationally Significant Freight and Highway Projects
(INFRA Grants) for Fiscal Years 2017 and 2018

AGENCY: Office of the Secretary of Transportation, U.S. Department of
Transportation.

ACTION: Notice of funding opportunity.

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

SUMMARY: The Nationally Significant Freight and Highway Projects
(INFRA) program provides Federal financial assistance to highway and
freight projects of national or regional significance. This notice
solicits applications for awards under the program's FY 2017 and FY
2018 funding, subject to future appropriations.

DATES: Applications must be submitted by 8:00 p.m. EST November 2,
2017. The Grants.gov ``Apply'' function will open by August 1, 2017.

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
<EMAIL_ADDRESS>For more information about highway projects,
please contact Crystal Jones at<PHONE_NUMBER>. For more information
about maritime projects, please contact Robert Bouchard at (202) 366-
5076. For more information about rail projects, please contact
Stephanie Lawrence at<PHONE_NUMBER>. For more information about
railway-highway grade crossing projects, please contact Karen McClure
at<PHONE_NUMBER>. For all other questions, please contact Paul Baumer
at<PHONE_NUMBER>. A TDD is available for individuals who are deaf or
hard of hearing at<PHONE_NUMBER>. In addition, up to the application
deadline, the Department will post answers to common questions and
requests for clarifications on USDOT's Web site at https://www.transportation.gov/buildamerica/INFRAgrants.

SUPPLEMENTARY INFORMATION:

Table of Contents

A. Program Description
    1. Overview
    2. Key Program Objectives
    3. Program Name
B. Federal Award Information
    1. Amount Available
    2. Restrictions on Award Portfolio
    3. Repeat Applications
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. Invitation for Public Comment on the FY 2017-2018 Notice
    2. Protection of Confidential Business Information
    3. 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 2017-2018 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 other, non-Federal
sources of infrastructure investment, as well as accounting for the
life-cycle costs of the project;
    (3) Using innovative approaches to improve safety and expedite
project delivery; and
    (4) Holding grant recipients accountable for their performance and
achieving specific, measurable outcomes identified by grant applicants.
    This notice's focus on the four key objectives does not compromise
the Department's position that safety is our top priority. The
Department is committed to reducing traffic 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 the 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 2017-2018
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 absolutely 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 support
national or regional economic vitality. Therefore, the INFRA program
seeks these types of infrastructure projects.
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 share responsibility and
accountability, and to maximize their own contributions. The Federal
government provided about 25%, or about $100 billion of the estimated
$416 billion of public investment in transportation and water
infrastructure in 2014,\1\ but more infrastructure investment is
possible if the significant Federal contribution is a smaller portion
of a larger total.
---------------------------------------------------------------------------

    \1\ https://www.cbo.gov/sites/default/files/114th-congress-2015-2016/reports/49910-Infrastructure.pdf.
---------------------------------------------------------------------------

    To increase the leveraging of Federal funding, the INFRA program
will give priority consideration to projects that use all available
non-Federal resources for development, construction, operations, and
maintenance. (As described further in 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, projects that benefit from local
self-help, 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) Environmental review and permitting; (2)
use of experimental project delivery authorities; and (3) safety and
technology. The Department anticipates making awards that advance each
innovation area, but it does not necessarily expect each INFRA project
to address all three innovation areas. Instead, the Department expects
applicants to identify the innovation areas that provide benefit to
their project and propose activities in those areas.
Innovation Area #1: Environmental Review and Permitting
    Some project sponsors indicate that Federal law and regulations
impose requirements on transportation projects that delay the timely
delivery of infrastructure. Some claim that the current approach to
environmental review and permitting can lead to costly delays that are
not justified by environmental benefits. Others note that excessive
spending for permitting and studies diverts resources from
environmental mitigation. Fortunately, recent transportation
authorizations, including the FAST Act, have introduced a number of
reforms intended to reduce project timelines and costs without
compromising the integrity of crucial environmental protections. The
Department is eager to use the INFRA program to expand and improve upon
these reforms.
    Under the INFRA program the Department seeks to test new approaches
to the environmental review and permitting process for infrastructure
projects. This approach has four objectives: (1) Accelerating the
environmental permitting and review process; (2) improving outcomes for
communities and the environment; (3) facilitating concurrent and
consistent environmental permitting and review, analysis and decision
making across Federal agencies and geographic regions; and (4)
establishing a shared vision of permitting success among all Federal
agencies.
    In the current practice, the resource agencies that are responsible
for environmental review and permitting, including U.S. Army Corps of
Engineers, the Fish and Wildlife Service, and the Environmental
Protection Agency, operate independently and collaborate as necessary.
This independent and distributed operation can frustrate efficient
project delivery. Under the approach, the Department will aim to
identify ``liaisons'' within each relevant resource agency. These
liaisons will work closely and collaboratively with each other, project
sponsors, and local field offices to steward projects participating in
the effort through the environmental review process in a timely manner.
The liaisons will be responsible for making consistent and timely
permit determinations, while ensuring compliance with the purposes and
procedures of the environmental permitting and review statutes. They
will also have easy access to their counterparts throughout the
Department, including in the Department's operating administrations,
the Infrastructure Permitting Improvement Center, and the Build America
Bureau.
    The Department's aim is for liaisons to have active and defined
roles early in the project development process to define potential
permitting risks as early as the project scoping and the development of
alternatives stages. They will coordinate activity to reduce risks, and
will have specific responsibilities (e.g., dispute resolution) that are
triggered when a project is at risk for missing a permit deadline.
Additionally, to ensure consistency across Federal agency
jurisdictions, liaisons will coordinate permitting activities between
Agency-specific districts for projects that cross jurisdictional
boundaries.
    The Department's aim is to achieve timely and consistent
environmental review and permit decisions. Liaisons' work will be
tracked on the Federal Infrastructure Project Permitting Dashboard, an
online tool for tracking the environmental review and authorization
process for large or complex infrastructure projects.
    Participation in this new approach will not remove any statutory
requirements affecting project delivery, and INFRA award recipients are
not required to participate. However, the Department seeks INFRA
applications for projects that could benefit from this approach, which
are likely larger, more complex projects, and encourages those
applicants to indicate whether they are interested in participating.
Because the Department views this as a potential model for future
environmental review and permitting, it seeks projects that will allow
it to evaluate that model.
Innovation Area #2: Special Experimental Authorities
    By statute, all INFRA awards are subject to Federal requirements
associated with the Federal-aid Highways program under title 23 of the
United States Code. However, the Department is interested in ensuring
that those requirements do not unnecessarily impede project delivery.
The Federal Highway Administration (FHWA) has long encouraged
increasing private sector participation in the project development,
finance, design, construction, maintenance, and operations. Since 1990,
FHWA has experimented with innovative contracting practices under its
Special Experimental Project No. 14 (SEP-14). In 2004, FHWA established
Special Experimental Project No. 15 (SEP-15), which encouraged tests
and experimentation throughout the entire project development process.
SEP-15 was specifically aimed at attracting private investment, leading
to increased project management flexibility, more innovation, improved
efficiency, timely project implementation, and new revenue streams.
Under SEP-14 and SEP-15, FHWA may waive statutory and regulatory
requirements under title 23 on a project-by-project basis to explore
innovative processes that could be adopted through legislation. This
experimental authority is available to test changes that would improve
the efficiency of project delivery in a manner that is consistent with
the purposes underlying existing requirements; it is not available to
frustrate the purposes of existing requirements.
    The Department encourages applicants for INFRA funding to consider
whether their project is eligible for and would benefit from an
experimental authority or waiver under SEP-14, SEP-15, or some other
experimental authority program. For appropriate projects, applicants
should propose to use experimental authority and describe their
expected benefits. In particular, the Department is interested in
proposals that will substantially accelerate the pace of project
deployment.
    The Department is not replacing the application processes for SEP-
14, SEP-15, or other experimental programs, with this notice or the
INFRA program application. Instead, it seeks detailed expressions of
interest in those programs. If selected for an INFRA award, the
applicant would need to satisfy the relevant programs' requirements and
complete the appropriate application processes. Selection for an INFRA
award does not mean a project's SEP-14 or SEP-15 proposal has been
approved. The Department will make a separate determination in
accordance with those programs' processes on the appropriateness of a
waiver.

Innovation Area #3: Safety and Technology
    In addition to these cross-cutting safety-related requirements
previously mentioned (and detailed in section F.2.a of this Notice),
USDOT seeks opportunities under the INFRA program to experiment with
innovative approaches to transportation safety, particularly projects
which incorporate innovative design solutions, enhance the environment
for automated vehicles, or use technology to improve the detection,
mitigation, and documentation of safety risks. Illustrative examples
include:

     Innovative designs that inherently reduce safety risk;
     Conflict detection and mitigation technologies for freight
and non-freight interaction (e.g., intersection alerts and signal
prioritization);
     Dynamic signaling or pricing systems to reduce congestion;
     Connected vehicle technology, including systems for
vehicle-to-vehicle and vehicle-to-infrastructure communications;
     Signage and design features that facilitate autonomous
technologies;
     Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents);
and
     Cybersecurity elements to protect safety-critical systems.

d. Key Program Objective #4: Performance and Accountability

    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 project delivery
milestones in a timely manner; (2) making specific State or local
policy changes that advance desirable transportation outcomes; and (3)
achieving transportation performance objectives that support economic
vitality or improve safety.
    Each of these three types of events encourages accountability from
project sponsors. First, project milestones can make a project sponsor
accountable for timely project delivery. For example, to ensure that
planning activities will not delay construction, the Department may
condition construction funds on the sponsor completing those planning
activities by a specific date. Second, INFRA funds can provide an
additional incentive to make specific policy changes. For example, in
some jurisdictions, administrative barriers to public-private
partnerships prevent project sponsors from using an effective and
proven method of project delivery. In such jurisdictions, the
Department can help dismantle those barriers by conditioning INFRA
funds on local policy changes. Finally, the Department can improve
overall performance of the transportation system by tying funding to
specific performance targets. For example, if an INFRA project is
awarded to improve freight movement through a corridor, the Department
may condition some of the INFRA funds to be used to improve one
interchange in the corridor on the project sponsor's ability to
demonstrate satisfactory levels of service at other points in the
corridor. Improvements at those other points on the corridor to reach
the target level of service could be made with other, non-conditioned
INFRA funds or with non-Federal funds.
    These examples are illustrative, but the Department encourages
applicants to identify other, creative ways to condition funding to
advance INFRA program goals. 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, the Department encourages
applicants to voluntarily identify measures through which the
Department may hold them accountable, describe, in their application,
how the Department could structure any conditions on funding, and
detail how the structure advances INFRA program goals. As described in
section E.1, an applicant-directed approach to accountability will
allow the Department to differentiate among INFRA applications.

3. Program Name

    The INFRA grant program is authorized as the Nationally Significant
Freight and Highway Projects program at 23 U.S.C. 117. The Department
formerly referred to INFRA grants as Fostering Advancements in Shipping
and Transportation for the Long-term Achievement of National
Efficiencies (FASTLANE) grants. The Department has renamed the program
Infrastructure For Rebuilding America (INFRA), to call attention to new
priorities: Rebuilding and revitalizing our economy through
infrastructure investment.

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 $850 million \2\ for FY
2017 and $900 million for FY 2018, 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 up
to $1.56 billion in FY 2017-2018 INFRA funds. Approximately $710
million of FY 2017 funds are available for INFRA awards.\3\ The
Department anticipates that approximately $810-855 million of FY 2018
funds will be available for awards, but that total is uncertain because
the Department is issuing this notice before appropriations legislation
has been enacted for FY 2018. The estimate may be higher or lower than
the final amount, which is dependent on future appropriations
legislation. Any award under this notice will be subject to the
availability of funds.
---------------------------------------------------------------------------

    \2\ 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 $850 million is authorized for FY 2017, $788.8 million is
available for award. For additional information see FAST Act Sec.
1102(f) and the Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016, Pub. L. 114-113, div. L
Sec.  120.
    \3\ The Department intends to award the 10 percent of the FY
2017 funding reserved for small projects to applications received
under the Notice published in November, 2016. $709.92 million of FY
2017 funds is available under the terms of this Notice.
---------------------------------------------------------------------------

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 Department
intends to use 10 percent of the available FY 2017 funding to make
small project selections under the Notice of Funding Opportunity
published in November of 2016. The FY 2017 funds made available under
this notice are for large projects. The anticipated FY 2018 funds will
be for both large and small projects.\4\ In summary, the estimated
funding available for FY 2017 and FY 2018 under this notice is
approximately

$81 million-$85.5 million for small projects and $1.44 billion-$1.48
billion for large projects.
---------------------------------------------------------------------------

    \4\ Subject to availability of FY 2018 funding.
---------------------------------------------------------------------------

    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 and previous FY 2017 INFRA
selections, approximately $326 million within this constraint remains
available. Only the non-highway portion(s) of multimodal projects count
toward the $500 million maximum. Grade crossing and grade separation
projects do not count toward the $500 million maximum 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 if the appropriate projects are submitted. The USDOT must
consider geographic diversity among grant recipients, including the
need for a balance in addressing the needs of urban and rural areas.

3. Repeat Applications

    The selection criteria described in Section E. of this Notice
changed substantially from previous INFRA solicitations. Applicants who
elect to resubmit an application from a previous solicitation should
include a supplementary appendix which describes how their project
aligns with the new selection criteria.

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; (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 the
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 cost
share requirements, 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 Project
    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.

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 2016 Federal-aid apportionment if
the project is located in one State; or 50 percent of the larger
participating State's FY 2016 apportionment for projects located in
more than one State. The following chart identifies the minimum total
project cost for projects for FY 2017 for both single and multi-State
projects.

----------------------------------------------------------------------------------------------------------------
                                                          FY17 NSFHP (50%                       FY18 NSFHP (50%
                                       FY17 NSFHP (30%        of FY16        FY18 NSFHP (30%        of FY17
                                           of FY16         apportionment)        of FY17         apportionment)
                State                   apportionment)      Multi-State       apportionment)      Multi-State
                                      One-State minimum      minimum *      One-State minimum      minimum *
                                          (millions)         (millions)         (millions)         (millions)
----------------------------------------------------------------------------------------------------------------
Alabama.............................               $100               $100               $100               $100
Alaska..............................                100                100                100                100
Arizona.............................                100                100                100                100
Arkansas............................                100                100                100                100
California..........................                100                100                100                100
Colorado............................                100                100                100                100
Connecticut.........................                100                100                100                100
Delaware............................                 51                 86                 52                 87
Dist. of Col........................                 49                 81                 49                 82
Florida.............................                100                100                100                100
Georgia.............................                100                100                100                100
Hawaii..............................                 51                 86                 52                 87
Idaho...............................                 87                100                 88                100
Illinois............................                100                100                100                100
Indiana.............................                100                100                100                100
Iowa................................                100                100                100                100
Kansas..............................                100                100                100                100
Kentucky............................                100                100                100                100
Louisiana...........................                100                100                100                100
Maine...............................                 56                 94                 57                 95
Maryland............................                100                100                100                100
Massachusetts.......................                100                100                100                100
Michigan............................                100                100                100                100
Minnesota...........................                100                100                100                100
Mississippi.........................                100                100                100                100
Missouri............................                100                100                100                100
Montana.............................                100                100                100                100
Nebraska............................                 88                100                 89                100
Nevada..............................                100                100                100                100
New Hampshire.......................                 50                 84                 51                 85
New Jersey..........................                100                100                100                100
New Mexico..........................                100                100                100                100
New York............................                100                100                100                100
North Carolina......................                100                100                100                100
North Dakota........................                 76                100                 77                100
Ohio................................                100                100                100                100
Oklahoma............................                100                100                100                100
Oregon..............................                100                100                100                100
Pennsylvania........................                100                100                100                100
Puerto Rico.........................                 44                 74                 44                 74
Rhode Island........................                 67                100                 67                100
South Carolina......................                100                100                100                100
South Dakota........................                 86                100                 87                100
Tennessee...........................                100                100                100                100
Texas...............................                100                100                100                100
Utah................................                100                100                100                100
Vermont.............................                 62                100                 63                100
Virginia............................                100                100                100                100
Washington..........................                100                100                100                100
West Virginia.......................                100                100                100                100
Wisconsin...........................                100                100                100                100
Wyoming.............................                 78                100                 79                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 \5\ with a population of over 200,000. In this notice,
urban area is defined as inside an Urbanized Area, as designated by the
U.S. Census Bureau, with a population of 200,000 or more.\6\ Rural and
urban definitions differ in some other USDOT programs, including TIFIA
and the FY 2016 TIGER 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.
---------------------------------------------------------------------------

    \5\ 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 Web site 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.
    \6\ See www.transportation.gov/buildamerica/InFRAgrants for a
list of Urbanized Areas with a population of 200,000 or more.
---------------------------------------------------------------------------

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 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:

----------------------------------------------------------------------------------------------------------------
                                Project name
----------------------------------------------------------------------------------------------------------------
Was an INFRA application for this project submitted previously?............  Yes/no.
If yes, what was the name of the project in the previous application?
Previously Incurred Project Cost...........................................  $.
Future Eligible Project Cost...............................................  $.
Total Project Cost (This should be the sum of the previous two rows).......  $.
INFRA Request..............................................................  $.
Total Federal Funding (including INFRA)....................................  $.
Are matching funds restricted to a specific project component? If so, which  Yes/no.
 one?.
Is the project or a portion of the project currently located on National     Yes/no.
 Highway Freight Network?.
Is the project or a portion of the project located on the NHS?.............  Yes/no (for each question).
 Does the project add capacity to the Interstate system?...........
 Is the project in a national scenic area?.........................
Do the project components include a railway-highway grade crossing or grade  Yes/no.
 separation project?.
 If so, please include the grade crossing ID.......................
Do the project components include an intermodal or freight rail project, or  Yes/no.
 freight project within the boundaries of a public or private freight rail,
 water (including ports), or intermodal facility?.
If answered yes to either of the two component questions above, how much of
 requested INFRA funds will be spent on each of these projects components?
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 the:................................  Yes/no (please specify in which
 TIP...............................................................   plans the project is currently
 STIP..............................................................   programmed).
 MPO Long Range Transportation Plan................................
 State Long Range Transportation Plan..............................
 State Freight Plan?...............................................
If selected, would you be interested in participating in a new               Yes/No.
 environmental review and permitting approach?.
----------------------------------------------------------------------------------------------------------------

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 all    See D.2.b.iv.
 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 conclusions made in the 25-page
project narrative. If possible, Web site 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 $500 million maximum 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 D.2.d. of this Notice.
Criterion #2: Leveraging of Federal Funding
    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 how
the project addresses the Leverage criterion, 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;
    (C) a description of any fiscal constraints that affect the
applicant's ability to use non-Federal contributions; and
    (D) a description of the non-Federal share across the applicant's
transportation program, if the applicant is a regular recipient of
federal transportation funding; and
    (E) a description of the applicant's plan to address the full life-
cycle costs associated with the project, including a description of
operations and maintenance funding commitments made by the applicant.
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) Environmental review and permitting; (2) use of experimental
project delivery authorities; and (3) safety and technology. If the
project does not address a particular innovation area, the application
should state this fact.
    If an applicant is proposing to participate in the environmental
review and permitting approach described in section A.2.c, the
application should describe how the project would benefit from
participation, identify significant anticipated permitting challenges,
and identify coordination that might be necessary to complete the
environmental and permitting review process.

    If an applicant is proposing to use SEP-14, SEP-15, or some other
experimental authority program, the applicant should describe that
proposal and their expected benefits. The applicant should also provide
sufficient information for evaluators to confirm that the applicant's
proposal would meet the requirements of the specific experimental
authority program.\7\
---------------------------------------------------------------------------

    \7\ SEP-14 information is available at https://www.fhwa.dot.gov/programadmin/contracts/sep_a.cfm. SEP-15 information is available at
https://www.fhwa.dot.gov/ipd/p3/tools_programs/sep15_procedures.aspx.
---------------------------------------------------------------------------

    If an applicant is proposing to adopt innovative safety approaches
or technology, the application should demonstrate the applicant's
capacity to implement those innovations, the applicant's understanding
of whether the innovations will require extraordinary permitting,
approvals, or other procedural actions, and the effects of those
innovations on the project delivery timeline.
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
describe mechanisms that will allow the Department to hold it
accountable for advancing INFRA program goals. Additional details for
three approaches are provided in the following paragraphs, but these
examples are not exhaustive. As described in greater detail in section
A.2.d, the Department encourages applicants to identify other creative
ways to condition funding to advance INFRA program goals and describe
those mechanisms in this section of the application.
    If the applicant is proposing to condition funding availability on
timely completion of project milestones, the applicant should identify
specific milestone events, provide target dates for those milestones,
and propose a relationship between some or all of the requested INFRA
funding and the milestones.
    If the applicant is proposing to adopt a specific policy change,
the applicant should provide sufficient information for evaluators to
understand the existing policy, how changing the policy would advance
the Department's goals, and how feasible the change will be for the
applicant to complete within the project's delivery timeframe. The
applicant should propose a relationship between some or all of the
requested INFRA funding and its completion of the change.
    If the applicant is proposing to condition funding availability on
reaching specific performance targets, the applicant should detail
those performance targets in detail, describe the feasibility of
tracking and achieving the target within the project's delivery
timeframe, and propose a relationship between some or all of the
requested INFRA funding and the performance objective.
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, 2020 for FY 2017 funds, September 30, 2021 for FY 2018
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 Web site 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,\8\ 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 Web site
link or other reference to copies of any reviews, approvals, and
permits prepared.
---------------------------------------------------------------------------

    \8\ 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
Web site 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.
    (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,\9\ including
intermodal projects located at airport facilities.\10\ 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.
---------------------------------------------------------------------------

    \9\ In accordance with 23 U.S.C. 134 and 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.
    \10\ 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, safety   mobility, and safety benefits
 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).
(b) National Goals.--It is in the         This information may also be
 interest of the United States to focus   found in Section I or Section
 the Federal-aid highway program on the   V.
 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.
    (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, that applicant should submit a BCA that quantifies the
expected benefits of the project against a no-build baseline, provides
monetary estimates of the benefits' economic value, and compares the
properly-discounted present values of these benefits to the project's
estimated costs.
    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, 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 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/buildamerica/
infragrants).
    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 November 2, 2017.
The Grants.gov ``Apply'' function will open by August 1, 2017.
    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<EMAIL_ADDRESS>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 Web site; (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 contact 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;
     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. Therefore, the
Department will consider the extent to which an applicant proposes to
use non-Federal funding. For example, an application that proposes a 20
percent Federal share will be more competitive than an otherwise
identical application proposing 50 percent Federal share. For the
purposes of this criterion, funds from Federal credit programs,
including TIFIA and RRIF, will be considered non-Federal funding.
    There are three additional types of information that the Department
will consider when evaluating an applicant's non-Federal contributions.
First, 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 will
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
practice, the Department expects that projects that come from rural or
less-wealthy applicants will have to meet a lower standard for leverage
than projects coming from urban or more wealthy applicants; however,
the Department still expects all applicants' projects to maximize
leverage to the extent they are able. Second, the Department recognizes
that some applicants consolidate Federal funding into a minimum number
of projects to simplify their burden complying with Federal
administrative requirements. For those applicants, the Federal share on
specific projects may be much higher than the overall Federal share of
their overall transportation program. If an applicant follows that
practice, explains their practice in their application, and provides
evidence establishing the Federal share of their overall transportation
program, the Department will consider that information. Third, the
Department will consider how well the applicant has prepared for future
operations and maintenance costs associated with their project's life-
cycle. Applicants should demonstrate a credible plan to maintain their
asset without having to rely on future federal funding. This plan
should include a description of the applicant's approach to ensuring
operations and maintenance will not be underfunded in future years.
    In addition, the Department seeks to increase the sources of
infrastructure funding by encouraging private infrastructure
investment. Therefore, projects that incorporate private sector
contributions, including through a public-private partnership
structure, are likely to be more competitive than those that rely
solely on public non-Federal funding. Likewise, applicants who have
pursued private funds for appropriate projects are likely to be more
competitive under this program than applicants who have not. If an
applicant omits information on the applicability and pursuit of private
funds, the Department may conclude that the applicant has not
considered viable non-Federal funding alternatives and an INFRA award
would be premature.
    This evaluation criterion is separate from the statutory cost share
requirements for INFRA grants, which are described 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 INFRA program to encourage innovation
in three areas: (1) Environmental review and permitting; (2) use of
experimental project delivery authorities; and (3) safety and
technology. Under this criterion, the Department will consider the
extent to which a project includes or enables innovation in each of
those areas.
    In Innovation Area #1, as described in section A.2.c, the
Department seeks to establish a new approach to the process of Federal
environmental review and permitting. When making INFRA award decisions,
the Department will consider an applicant's interest in the
participating in this new approach and the extent to which the project
could benefit from that participation. The Department will also
consider the degree to which the results of a project's participation
might be representative and reproducible to other departmental or
government-wide projects or programs.
    In Innovation Area #2, as described in section A.2.c, the
Department seeks innovative approaches to project delivery under the
auspices of the FHWA SEP-14 and SEP-15 programs and any other
applicable experimental programs. When making INFRA award decisions,
the Department will consider the applicant's proposals to use those
programs, whether the proposals are consistent with the objectives and
requirements of those programs, the potential benefits that
experimental authorities or waivers might provide to the project, and
the broader applicability of potential results.

    Finally, in Innovation Area #3, as described in section A.2.c, the
Department seeks to experiment with innovative approaches to
transportation safety, particularly in relation to automated vehicles
and the detection, mitigation, and documentation of safety risks. When
making INFRA award decisions, the Department will consider any
innovative safety approaches proposed by the applicant, the safety
benefits that those approaches could produce, and the broader
applicability of the potential results. As described in section F.2.a,
the Department expects all projects to implement baseline safety
improvements consistent with FHWA's list of ``Proven Countermeasures''
and will not consider those improvements under this criterion.
Criterion #4: Performance and Accountability
    The Department intends to award INFRA funding to projects that will
be delivered on agreed-upon schedules, that will generate clear,
quantifiable, results, and that will advance the Department's
transportation policy goals. The Department expects all applicants to
provide accurate estimates of benefits of their project, its delivery
schedule, and total costs. However, the Department will consider the
extent to which the applicant proposes specific measures and conditions
allowing the Department to ensure accountability, as described in
section A.2.d. Instead of rewarding unrealistic promises, the
Department intends to reward thoughtful planning, efficient delivery,
and effective policy.
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 2017 funds, the Department will determine
that large projects with an anticipated obligation date beyond
September 30, 2020 are not reasonably expected to begin construction
within 18 months of obligation. For awards with FY 2018 funds, that
deadline is one year later: September 30, 2021.

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 highway safety plan.\11\ 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 two categories of safety-
related activities. The first category encompasses activities that the
Federal Highway Administration (FHWA) has identified as ``proven safety
countermeasures'' due to their history of

demonstrated effectiveness.\12\ The second category encompasses safety-
related tools, technologies, and practices from FHWA's Every Day Counts
initiative.\13\
---------------------------------------------------------------------------

    \11\ Information on State-specific strategic highway safety
plans is available at https://safety.fhwa.dot.gov/shsp/other_resources.cfm.
    \12\ Information on FHWA proven safety countermeasures is
available at: https://safety.fhwa.dot.gov/provencountermeasures/.
    \13\ Information of the FHWA Everyday Counts Initiative is
available at https://www.fhwa.dot.gov/innovation/everydaycounts/.
---------------------------------------------------------------------------

    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<EMAIL_ADDRESS>For more
information about highway projects, please contact Crystal Jones at
(202) 366-2976. For more information about maritime projects, please
contact Robert Bouchard at<PHONE_NUMBER>. For more information about
rail projects, please contact Stephanie Lawrence at<PHONE_NUMBER>. For
more information about railway-highway grade crossing projects, please
contact Karen McClure at<PHONE_NUMBER>. For all other questions,
please contact Paul Baumer at<PHONE_NUMBER>. A TDD is available for
individuals who are deaf or hard of hearing at<PHONE_NUMBER>. In
addition, up to the application deadline, the Department will post
answers to common questions and requests for clarifications on USDOT's
Web site 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. Invitation for Public Comment on the FY 2017-2018 Notice

    The FAST Act authorized the INFRA program through FY 2020. This
notice solicits applications for FY 2017 and FY 2018 only. The
Department invites interested parties to submit comments about this
notice's contents, and the Department's implementation choices, as well
as suggestions for clarification in future INFRA rounds. The Department
may consider the submitted comments and suggestions when developing
subsequent INFRA solicitations and guidance, but submitted comments
will not affect the selection criteria for the FY 2017-FY 2018 round.
Applications or comments about specific projects should not be
submitted to the docket. Any application submitted to the docket will
not be reviewed. Comments should be sent to DOT-OST-0090 by November 2,
2017, but, to the extent practicable, the Department will consider late
filed comments.

2. 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.

3. 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.

    Issued in Washington, DC, on June 28, 2017.
Elaine L. Chao,
Secretary of Transportation.
[FR Doc. 2017-14042 Filed 7-3-17; 8:45 am]
BILLING CODE 4910-9X-P