[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17108-17136]
[FR Doc No: 2022-06350]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

Notice of Funding Opportunity for the Department of
Transportation's Multimodal Project Discretionary Grant Opportunity

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

ACTION: Notice of Funding Opportunity (NOFO).

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    Multimodal Project Discretionary Grant Opportunity (MPDG)
SUMMARY: The purpose of this notice is to solicit applications for
three funding opportunities: The National Infrastructure Project
Assistance grants program (Mega), the Nationally Significant Multimodal
Freight and Highways Projects grants program (INFRA), and the Rural
Surface Transportation Grant program (Rural). While applicants can
choose to apply for only one grant program, this combined solicitation
will allow applicants to apply for two, or all three of these funding
opportunities by submitting only one application. It also aims to
better enable the Department to proactively assist project sponsors in
matching projects with the most appropriate grant program(s) and
facilitate individual projects in potentially receiving funding from
multiple grant programs. Funds for the INFRA, Mega, and Rural funding
opportunities will be awarded on a competitive basis for surface
transportation infrastructure projects--including highway and bridge,
intercity passenger rail, railway-highway grade crossing or separation,
wildlife crossing, public transportation, marine highway, and freight
projects, or groups of such projects--with significant national or
regional impact, or to improve and expand the surface transportation
infrastructure in rural areas.

DATES: Applications must be submitted by 11:59 p.m. EDT on May 23,
2022. The Grants.gov ``Apply'' function will open by March 25, 2022.

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 on or before
the application deadline 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 protected], or call Paul Baumer at<PHONE_NUMBER>. A TDD is
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, up to the application deadline, the U.S. Department
of Transportation (Department) will post answers to common questions
and requests for clarifications on the Department's website at https://www.transportation.gov/grants/mpdg-frequently-asked-questions.

SUPPLEMENTARY INFORMATION: The organization of this notice is based on
an outline set forth in Appendix I to title 2 of the Code of Federal
Regulations (CFR) part 200 to ensure consistency across Federal
financial assistance programs. However, that format is designed for
locating specific information, not for linear reading. For readers
seeking to familiarize themselves with how the Multimodal Project
Discretionary Grant (MPDG) combined application process will work, the
Department recommends starting with Section A (Program Description),
which describes the Department's goals for the MPDG common application
and purpose in making awards, and Section E (Application Review
Information), which describes how the Department will select among
eligible applications for each of the three funding opportunities.
Those two sections will provide appropriate context for the remainder
of the notice: Section B (Federal Award Information) describes
information about the size and nature of awards; Section C (Eligibility
Information) describes eligibility requirements for applicants and
projects; Section D (Application and Submission Information) describes
in detail how to apply for an award; Section F (Federal Award
Administration Information) describes legal requirements that will
accompany awards; and Sections G (Federal

Awarding Agency Contacts) and H (Other Information) provide additional
administrative information.

Table of Contents

A. Program Description
    1. Overview
    2. Changes From the FY 2021 INFRA NOFO
    3. Additional Information
B. Federal Award Information
    1. Amount Available
C. Eligibility Information
    1. Eligible Applicants
    2. Cost Sharing or Matching
    3. Eligible Projects
    4. Eligible Project Costs
    5. Project Requirements
    6. Definition of Rural and Urban Areas
    7. Areas of Persistent Poverty and Historically Disadvantaged
Communities
    8. Project Components
    9. Network of Projects
    10. Application Limit
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
    5. Funding Restrictions
    6. Other Submission Requirements
E. Application Review Information
    1. Criteria
    i. Overall Application Rating
    ii. Project Outcome Criteria
    iii. Benefit-Cost Analysis Rating
    iv. Project Readiness Rating
    v. Additional Considerations
    vi. Previous Awards
    2. Review and Selection Process
    3. Additional Information
F. Federal Award Administration Information
    1. Federal Award Notices
    2. Administrative and National Policy Requirements
    3. Reporting
G. Federal Awarding Agency Contacts
H. Other Information
    1. Protection of Confidential Business Information
    2. Publication of Application Information
    3. Department Feedback on Applications
    4. MPDG Extra, Eligibility, and Designation

A. Program Description

1. Overview

    The Multimodal Project Discretionary Grant common application
(MPDG) provides Federal financial assistance to highway and bridge,
intercity passenger rail, railway-highway grade and separation,
wildlife crossing, public transportation, marine highway, and freight
and multimodal projects, or groups of such projects, of national or
regional significance, as well as to projects to improve and expand the
surface transportation infrastructure in rural areas. Infrastructure
Investment and Jobs Act (Pub. L. 117-58, November 15, 2021) (Bipartisan
Infrastructure Law, or BIL) provided funds to the Department across
three programs to invest in projects of national or regional
significance--the National Infrastructure Project Assistance grants
program, found under 49 U.S.C. 6701 (Mega), the Nationally Significant
Multimodal Freight and Highways Projects grants program, found at 23
U.S.C. 117 (Infrastructure for Rebuilding America or INFRA), and the
Rural Surface Transportation Grant program, found at 23 U.S.C. 173
(Rural). To help streamline the process for applicants, the Department
has combined the applications for the Mega, INFRA, and Rural programs
into the MPDG common application. Applicants may choose to apply to
one, two, or all three of these grant programs.) The Fiscal Year (FY)
2022 MPDG awards will be made for each of the three grant programs as
appropriate and consistent with each grant program's statutory
language. The FY 2022 MPDG round will be implemented, as appropriate
and consistent with law, in alignment with the priorities in Executive
Order 14052, Implementation of the Infrastructure Investment and Jobs
Act (86 FR 64355),\1\ and will focus on supporting projects that
improve safety, economic strength and global competitiveness, equity,
and climate and sustainability consistent with the Department's
strategic goals.
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    \1\ The priorities of Executive Order 14052, Implementation of
the Infrastructure Investments and Jobs Act are: To invest
efficiently and equitably, promote the competitiveness of the U.S.
economy, improve job opportunities by focusing on high labor
standards and equal employment opportunity, strengthen
infrastructure resilience to all hazards including climate change,
and to effectively coordinate with State, local, Tribal, and
territorial government partners.
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    Applicants are encouraged to apply for multiple programs, to
maximize their potential of receiving Federal support. Applicants for
the MPDG will be considered across all three programs unless they opt
out. To support applicants through the application process, the
Department will provide technical assistance and resources.\2\
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    \2\ For Technical Assistance for projects in rural areas, visit
https://www.transportation.gov/rural.
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    The Department seeks to fund projects under the MPDG common
application that reduce greenhouse gas emissions and are designed with
specific elements to address climate change impacts. Section E provides
more information on the specific measures a project may undertake to
support these goals.
    The Department also seeks to award projects under the MPDG common
application that address environmental justice, particularly for
communities (including rural communities) that may disproportionately
experience consequences from climate change and other pollutants.
Environmental justice, as defined by the Environmental Protection
Agency, is the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income, with respect to
the development, implementation, and enforcement of environmental laws,
regulations, and policies. As part of the Department's implementation
of Executive Order 14008, Tackling the Climate Crisis at Home and
Abroad (86 FR 7619), the Department seeks to fund projects that, to the
extent possible, target at least 40 percent of resources and benefits
towards low-income communities, disadvantaged communities, communities
underserved by affordable transportation, or overburdened communities.
Projects that have not sufficiently considered climate change and
environmental justice in their planning, as determined by the
Department, will be required to do so before receiving funds for
construction. See Section F.2 of this Notice of Funding Opportunity
(NOFO) for program requirements.
    The Department also seeks to award projects under the MPDG common
application that proactively address equity and barriers to
opportunity, including automobile dependence as a form of barrier, or
redress prior inequities and barriers to opportunity. Section E
describes equity considerations that an applicant can undertake and the
Department will consider during the review of applications. Projects
that have not sufficiently considered equity and barriers to
opportunity in their planning, as determined by the Department, will be
required to do so before receiving funds for construction. All projects
must comply with Federal civil rights requirements. See Section F.2 of
this NOFO for program requirements.
    In addition, the Department intends to use the MPDG opportunity to
support the creation of good-paying jobs with the free and fair choice
to join a union and the incorporation of strong labor standards and
workforce programs, in particular registered apprenticeships, labor
management partnerships and Local Hire agreements,\3\ in project
planning stages and program delivery. Projects that incorporate such
planning considerations are expected to support a strong economy and
labor market. Section E describes job creation and labor considerations
an applicant can

undertake and that the Department will consider during the review of
applications. Projects that have not sufficiently considered job
creation and labor considerations in their planning, as determined by
the Department, will be required to do so to the full extent possible
under the law before receiving funds for construction. See Section F.2
of this NOFO for program requirements.
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    \3\ Contracts awarded with geographic hiring preferences are
eligible for assistance under most Department financial assistance
programs.
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    Section E of this NOFO describes the process for selecting projects
that further these goals under each of the three grant programs.
Section F.3 describes progress and performance reporting requirements
for selected projects, including the relationship between that
reporting and the program's selection criteria.
    Consistent with the Department's Rural Opportunities to Use
Transportation for Economic Success (ROUTES) initiative, the Department
seeks to award funding to rural projects that address deteriorating
conditions and disproportionately high fatality rates and
transportation costs in rural communities.

2. Changes From the FY 2021 INFRA NOFO

    Of the three programs in the MPDG opportunity, INFRA is the only
program that existed in FY2021, while the Rural and Mega are new
programs created by the Bipartisan Infrastructure Law. Applicants who
are planning to reapply using materials prepared for prior competitions
should ensure that their FY 2022 application fully addresses the
criteria and considerations described in this notice and that all
relevant information is up to date.
    The FY 2022 INFRA program will be evaluated under common project
outcome criteria (formally labeled in FY 2021 as ``merit criteria'')
that apply to all three programs within the MPDG opportunity, as
described in Section E. The FY 2022 MPDG opportunity's common project
outcome criteria will not consider the Performance and Accountability
criterion from INFRA 2021. Instead, the Department will utilize
standard approaches to monitoring project performance and ensuring
projects are delivered efficiently. Leverage of non-Federal funds
contribution, or ``leverage,'' will now be assessed within the
Innovation criterion and for the separate INFRA FY 2022 Leverage pilot
set-aside. The Leverage pilot set-aside is described in further detail
in Section B.2.ii.
    The BIL expanded INFRA eligibility to include wildlife crossing
projects; marine highway corridor projects; highway, bridge, or freight
projects carried out on the National Multimodal Freight Network; \4\
surface transportation projects located within or functionally
connected to an international border crossing; and transportation
facilities owned by a Federal, State, or local government entity.
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    \4\ DOT has not yet designated an National Multimodal Freight
Network. Any project relying on being on the National Multimodal
Freight Network as their sole basis for eligibility may be
considered higher risk.
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3. Additional Information

    This common application process will result in grants being awarded
under three funding programs. The Mega program is authorized at 49
U.S.C. 6701. The INFRA program is authorized at 23 U.S.C. 117. The
Rural program is authorized at 23 U.S.C. 173. They are described
respectively in the Federal Assistance Listings under the assistance
listing program titles ``National Infrastructure Project Assistance''
(assistance listing number 20.937), ``Nationally Significant Freight
and Highway Projects'' (assistance listing number 20.934), and ``Rural
Surface Transportation Grant Program'' (assistance listing number
20.938).
    The Department is committed to considering project funding
decisions holistically among the various discretionary grant programs
available in BIL. The Department also recognizes that applicants may be
seeking funding from multiple discretionary grant programs and
opportunities. An applicant may seek the same award amounts from
multiple Department discretionary opportunities or seek a combination
of funding from multiple Department opportunities. The applicant should
identify describe from any other Department programs and opportunities
they intend to apply for (or utilize if the Federal funding is already
available to the applicant), and what award amounts they will be
seeking, in the appropriate sections including Sections D.2.i. and
D.2.ii.IV.

B. Federal Award Information

1. Amount Available

    The BIL makes available up to $5 billion for the Mega program for
the period of FY 2022 through 2026; up to $8 billion to the INFRA
program for the period of FY 2022 through 2026; and up to $2 billion
for the Rural program for the period of FY 2022 through 2026, for a
combined total of up to $15 billion for FY 2022 through 2026. This
notice solicits applications for up to $2.85 billion in FY 2022 MPDG
opportunity funds. Up to $1 billion will be made available for the Mega
program, up to $1.55 billion will be made available for the INFRA
program, and up to $300 million will be made available for the Rural
funding opportunities program. In addition to the FY 2022 funding, the
Department may make award decisions in the MPDG FY 2022 round to fund
Mega project awards in future fiscal years, based on a potential
awarded project's schedule and availability of funding.\5\ In addition
to the FY 2022 funds, amounts from prior year INFRA authorizations,
presently estimated at up to $150 million, may be made available and
awarded under this solicitation. Any award under this notice will be
subject to the availability of funding. Mega, INFRA, and the Rural
program each have their own specific funding restrictions, including
award size and types of projects. Refer to Section D.5 for greater
detail on funding restrictions for each program.
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    \5\ 49 U.S.C. 6701(j) authorizes the Department to enter
multiyear grant agreements for Mega projects. Those agreements may
include a commitment, contingent on amounts to be specified in law
in advance for such commitments, to provide future year funds.
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C. Eligibility Information

    To be selected for a 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

    Each of the three funding opportunities has slightly different
statutory rules for what kinds of applicants are eligible to apply.
Applicants should review this section in determining for which of the
three programs they are applying.

                                               Eligible Applicants
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                   Mega                                      INFRA                              Rural
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1. a State or a group of States;           1. a State or group of States;            1. a State;

2. a metropolitan planning organization;   2. a metropolitan planning organization   2. a regional
3. a unit of local government;              that serves an Urbanized Area (as         transportation planning
4. a political subdivision of a State;      defined by the Bureau of the Census)      organization;
5. a special purpose district or public     with a population of more than 200,000   3. a unit of local
 authority with a transportation            individuals;                              government;
 function, including a port authority;     3. a unit of local government or group    3. a unit of local
6. a Tribal government or a consortium of   of local governments;                     government;
 Tribal governments;                       4. a political subdivision of a State or  4. a tribal government or a
7. a partnership between Amtrak and 1 or    local government;                         consortium of tribal
 more entities described in (1) through    5. a special purpose district or public    governments; or
 (6); and,                                  authority with a transportation          5. a multijurisdictional
8. a group of entities described in any     function, including a port authority;     group of entities above.
 of (1) through (7).                       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;
                                            8. a multistate corridor organization;
                                            or
                                           9. a multistate or multijurisdictional
                                            group of entities described in this
                                            paragraph.
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i. Mega
    Eligible applicants for Mega grants are: (1) A State or a group of
States; (2) a metropolitan planning organization; (3) a unit of local
government; (4) a political subdivision of a State; (5) a special
purpose district or public authority with a transportation function,
including a port authority; (6) a Tribal government or a consortium of
Tribal governments; (7) a partnership between Amtrak and 1 or more
entities described in (1) through (6); and (8) a group of entities
described in any of (1) through (7).
ii. INFRA
    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; (8) a multistate corridor
organization; or (9) a multistate or multijurisdictional group of
entities described in this paragraph.
iii. Rural
    Eligible applicants for Rural grants are: (1) A State; (2) a
regional transportation planning organization; (3) a unit of local
government; (4) a tribal government or a consortium of tribal
governments; or (5) a multijurisdictional group of entities above.
iv. Joint Applications for Any Program
    Multiple States or entities 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

i. Mega
    Mega grants may be used for up to 60 percent of future total
eligible project costs. Other Federal assistance may satisfy the non-
Mega share requirement for a Mega grant, but total Federal assistance
for a project receiving a Mega grant may not exceed 80 percent of
future total eligible project costs.
ii. INFRA
    INFRA grants may be used for up to 60 percent of future eligible
project costs. Other Federal assistance may satisfy the non-INFRA share
requirement for an INFRA grant, but total Federal assistance for a
project receiving an INFRA grant may not exceed 80 percent of future
total eligible project costs, except that, for States with a population
density of not more than 80 persons per square mile of land area, based
on the 2010 census, the maximum share of the total Federal assistance
provided for a project receiving a grant under this section shall be
the applicable share under section 120(b) of title 23, U.S.C. The
following chart identifies the maximum total Federal cost share for
INFRA projects, under such section 120(b), for projects for FY 2022.

------------------------------------------------------------------------
                                                                Maximum
                                                                Federal
                                                               share for
                            State                                INFRA
                                                               projects
                                                                  (%)
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Alaska......................................................       90.97
Arizona.....................................................       90.94
California..................................................       83.57
Colorado....................................................       82.79
Hawaii......................................................       81.30
Idaho.......................................................       84.97
Montana.....................................................       82.75
Nevada......................................................       94.89
New Mexico..................................................       85.44
Oregon......................................................       84.63
South Dakota................................................       81.95
Utah........................................................       89.52
Washington..................................................       81.42
Wyoming.....................................................       86.77
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    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 U.S.C.
may be used for the non-Federal share.
iii. Rural
    Rural grants may be used for up to 80 percent of future eligible
project costs, except eligible projects that further the completion of
a designated segment of the Appalachian Development Highway System
under section 14501 of title 40 of the U.S.C., or address a surface
transportation infrastructure need identified for the Denali access
system program under section 309 of the Denali Commission Act of 1998
may apply for up to 100 percent of the project costs. Other Federal
assistance may satisfy the non-Rural share requirement for a Rural
grant up to 100 percent of project costs.

    Please note that the Rural Program has a higher statutory maximum
Federal share than Mega and INFRA. Applications which seek funding
above the statutory maximum share for MEGA and INFRA will only be
eligible for an award from the Rural program.
iv. Universal Cost Sharing or Matching Guidance
    Unless otherwise authorized by statute, non-Federal cost-share may
not be counted as non-Federal share for both the programs under MPDG
and another Federal program. For any project under MPDG, 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.iii
as awarded funds. See Section D.2 for information about documenting
cost sharing in the application.
    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 origin.
    For the purpose of evaluating eligibility under the statutory limit
on total Federal assistance in the Mega and INFRA programs, funds from
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, except as indicated
for the INFRA program (see Section C.2.ii).

3. Eligible Projects

    Each of the three funding opportunities has different statutory
rules for what kinds of projects are eligible for funding. Applicants
should review this section in determining for which of the three
programs they are applying, given the type of project being proposed.
Projects may be eligible for funding under multiple MPDG programs and
applicants may apply for any program for which their project is
eligible.

                                             Eligible Project Types
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                   Mega                                      INFRA                              Rural
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1. A highway or bridge project on the      1. A highway freight project on the       1. A highway, bridge, or
 National Multimodal Freight Network.       National Highway Freight Network.         tunnel project eligible
2. A highway or bridge project on the      2. A highway or bridge project on the      under National Highway
 National Highway Freight Network.          National Highway System.                  Performance Program.
3. A highway or bridge project on the      3. A freight intermodal, freight rail,    2. A highway, bridge, or
 National Highway System.                   or freight project within the             tunnel project eligible
4. A freight intermodal (including public   boundaries of a public or private         under Surface
 ports) or freight rail project that        freight rail, water (including ports),    Transportation Block
 provides public benefit.                   or intermodal facility and that is a      Grant.
5. A railway highway grade separation or    surface transportation infrastructure    3. A highway, bridge, or
 elimination project.                       project necessary to facilitate direct    tunnel project eligible
6. An intercity passenger rail project.     intermodal interchange, transfer, or      under Tribal
7. A public transportation project that     access into or out of the facility.*      Transportation Program.
 is eligible under assistance under        4. A highway-railway grade crossing or    4. A highway freight
 Chapter 53 of title 49 or is a part of     grade separation project.                 project eligible under
 any of the project types described        5. A wildlife crossing project.            National Highway Freight
 above.                                    6. A surface transportation project        Program.
                                            within the boundaries or functionally    5. A highway safety
                                            connected to an international border      improvement project,
                                            crossing that improves a facility owned   including a project to
                                            by Fed/State/local government and         improve a high risk rural
                                            increases throughput efficiency.          road as defined by the
                                           7. A project for a marine highway          Highway Safety Improvement
                                            corridor that is functionally connected   Program.
                                            to the NHFN and is likely to reduce      6. A project on a publicly-
                                            road mobile source emissions.             owned highway or bridge
                                                                                that provides or increases
                                                                                access to an agricultural,
                                                                                commercial, energy, or
                                                                                intermodal facility that
                                                                                supports the economy of a
                                                                                rural area.
                                                                                7. A project to develop,
                                                                                establish, or maintain an
                                                                                integrated mobility
                                                                                management system, a
                                                                                transportation demand
                                                                                management system, or on-
                                                                                demand mobility services.
                                           8. A highway, bridge, or freight project
                                            on the National Multimodal Freight
                                            Network.
----------------------------------------------------------------------------------------------------------------

i. Mega
    Eligible projects for Mega grants are: A highway or bridge project
on the National Multimodal Freight Network; a highway or bridge project
on the National Highway Freight Network; a highway or bridge project on
the National Highway System; a freight intermodal (including public
ports) or freight rail project that provides public benefit; a railway-
highway grade separation or elimination project; an intercity passenger
rail project; a public transportation project that is eligible under
assistance under Chapter 53 of title 49 U.S.C. and is a part of any of
the project types described above; or a grouping, combination, or
program of interrelated, connected, or dependent projects of any of the
projects described above.
ii. INFRA
    Eligible projects for INFRA grants are: Highway freight projects
carried out on the National Highway Freight Network (NHFN) (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 wildlife crossing project;
a surface transportation project within the boundaries of, or
functionally connected to, an international border crossing that
improves a facility owned by a Federal, State, or local government and
increases throughput efficiency; a project for a marine highway
corridor that is functionally connected to NHFN and is likely to reduce
on-road mobile source emissions; or a highway, bridge, or freight
project on the National Multimodal Freight Network under section 70103
of title 49 of the United States Code. To be eligible under INFRA, 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 NHFN. In this context, improving freight
movement on the NHFN may include shifting freight transportation to
other modes, thereby reducing congestion and bottlenecks on the NHFN.
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.
iii. Rural
    Eligible projects for Rural grants are: A highway, bridge, or
tunnel project eligible under National Highway Performance Program (23
U.S.C. 119); a highway, bridge, or tunnel project eligible under
Surface Transportation Block Grant (23 U.S.C. 133); a highway, bridge,
or tunnel project eligible under Tribal Transportation Program (23
U.S.C. 202); a highway freight project eligible under National Highway
Freight Program (23 U.S.C. 167); a highway safety improvement project,
including a project to improve a high risk rural road as defined by the
Highway Safety Improvement Program (23 U.S.C. 148); a project on a
publicly-owned highway or bridge that provides or increases access to
an agricultural, commercial, energy, or intermodal facility that
supports the economy of a rural area; or a project to develop,
establish, or maintain an integrated mobility management system, a
transportation demand management system, or on-demand mobility
services.
    An eligible entity may bundle two or more similar eligible projects
under the Rural program if projects are included as a bundled project
in a statewide transportation improvement program under 23 U.S.C. 135
and will be awarded to a single contractor or consultant pursuant to a
contract for engineering and design or construction between the
contractor and the eligible entity.

4. Eligible Project Costs

    The table below defines eligible project costs for each program per
the program statutes:

                                             Eligible Project Costs
----------------------------------------------------------------------------------------------------------------
                   Mega                                      INFRA                              Rural
----------------------------------------------------------------------------------------------------------------
Development-phase activities and costs,    Development phase activities, including   Development phase
 including planning, feasibility            planning, feasibility analysis, revenue   activities, including
 analysis, revenue forecasting,             forecasting, environmental review,        planning, feasibility
 alternatives analysis, data collection     preliminary engineering, design, and      analysis, revenue
 and analysis, environmental review and     other preconstruction activities,         forecasting, environmental
 activities to support environmental        provided the project meets statutory      review, preliminary
 review, preliminary engineering and        requirements.                             engineering and design
 design work, and other preconstruction    Construction, reconstruction,              work, and other
 activities, including the preparation of   rehabilitation, or acquisition of         preconstruction
 a data collection and post-construction    property (including land related to the   activities; and,
 analysis plan; and,                        project and improvements to the land),   Construction,
Construction, reconstruction,               environmental mitigation (including a     reconstruction,
 rehabilitation, acquisition of real        project to replace or rehabilitate a      rehabilitation,
 property (including land relating to the   culvert, or to reduce stormwater runoff   acquisition of real
 project and improvements to that land),    for the purpose of improving habitat      property (including land
 environmental mitigation (including        for aquatic species), construction        related to the project and
 projects to replace or rehabilitate        contingencies, equipment acquisition,     improvements to the land),
 culverts or reduce stormwater runoff for   and operational improvements directly     environmental mitigation,
 the purpose of improving habitat for       related to system performance.            construction
 aquatic species), construction            INFRA grant recipients may use INFRA       contingencies, acquisition
 contingencies, acquisition of equipment,   funds to pay for the subsidy and          of equipment, and
 protection, and operational improvements   administrative costs necessary to         operational improvements.
 directly relating to the project.          receive TIFIA credit assistance.
----------------------------------------------------------------------------------------------------------------

v. Mega
    Mega grants may be used for development-phase activities and costs,
including planning, feasibility analysis, revenue forecasting,
alternatives analysis, data collection and analysis, environmental
review and activities to support environmental review, preliminary
engineering and design work, and other preconstruction activities,
including the preparation of a data collection and post-construction
analysis plan; and construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the project
and improvements to that land), environmental mitigation (including
projects to replace or rehabilitate culverts or reduce stormwater
runoff for the purpose of improving habitat for aquatic species),
construction contingencies, acquisition of equipment, protection, and
operational improvements directly relating to the project.
vi. INFRA
    INFRA grants may be used for the construction, reconstruction,
rehabilitation, or acquisition of property (including land related to
the project and improvements to the land), environmental mitigation
(including a project to replace or rehabilitate a culvert, or to reduce
stormwater runoff for the purpose of improving habitat for aquatic
species), 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 prioritize INFRA
funding for projects that result in construction; as a result,
development phase activities may be less competitive under INFRA by
nature of the evaluation structure described in Section E. Public-
private partnership assessments for projects in the development phase
are also eligible costs.
    INFRA grant recipients may use INFRA funds to pay for the subsidy
and administrative costs necessary to receive TIFIA credit assistance.
vii. Rural
    Rural grants may be used for development phase activities,
including planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and design

work, and other preconstruction activities; and construction,
reconstruction, rehabilitation, acquisition of real property (including
land related to the project and improvements to the land),
environmental mitigation, construction contingencies, acquisition of
equipment, and operational improvements.

5. Project Requirements for Each Funding Opportunity

    Applicants only need to address the requirements for the program or
programs from which they are requesting funding in in their
application.
i. Mega
    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 a Mega grant. Previously incurred costs will be counted
toward the minimum project size requirement only if they were eligible
project costs under Section C.4.i 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
Mega grant funds, nor will they count toward the project's required
non-Federal share.
(a) Mega Project Sizes
    The Department will make awards under the Mega program both to
projects greater than $500 million in cost, and to projects greater
than $100 million but less than $500 million in cost. For each fiscal
year of Mega funds, 50 percent of available funds are reserved for
projects greater than $500 million in cost, and 50 percent to projects
between $100 million and $500 million in cost.
(b) Mega Project Requirements
    For a Mega project to be selected, the Department must determine
that the project meets all five requirements described in 49 U.S.C.
6701(f)(1) and below and further described in Section E.1.b.v and
Section D.2.b.vii. If your project consists of multiple components with
independent utility, the Department must determine that each component
meets each requirement to select it for an award. See Section
D.2.ii.VIII.
    Mega Project Requirement #1: The project is likely to generate
national or regional economic, mobility, or safety benefits.
    Mega Project Requirement #2: The project is in significant need of
Federal funding.
    Mega Project Requirement #3: The project will be cost-effective.
    Mega Project Requirement #4: With respect to related non-Federal
financial commitments, one or more stable and dependable funding or
financing sources are available to construct, maintain, and operate the
project, and to cover cost increases.
    Mega Project Requirement #5: The applicant has, or will have,
sufficient legal, financial, and technical capacity to carry out the
project.
(c) Mega Data Collection Requirements
    In accordance with 49 U.S.C. 6701(g), an applicant wishing to
submit a project to be considered for a Mega grant award will be
required to submit, as an attachment to their application, a plan for
the collection and analysis of data to identify the impacts of the
project and the accuracy of any forecast prepared during the
development phase of the project and included in the grant application.
The contents of the plan shall include an approach to measuring
proposed project outcome criteria as described in Section E and an
approach for analyzing the consistency of predicted project
characteristics with actual outcomes.
    Each applicant selected for Mega grant funding must collect and
report to the Department information on the project's performance based
on performance indicators related to program goals (e.g., travel time
savings, greenhouse gas emissions, passenger counts, or level of
service) among other information. Performance indicators should include
measurable goals or targets that Department will use internally to
determine whether the project meets program goals and grant funds
achieve the intended long-term outcomes of the Mega Grant Program. To
the extent possible, performance indicators used in the reporting
should align with the measures included in the application and should
relate to at least one of the selection criteria defined in Section
E.\6\ Before the start of construction of the Mega project, the project
sponsor must submit a report providing baseline data for the purpose of
analyzing the long-term impact of the project. Not later than six (6)
years after the date of substantial completion of a project, the
eligible entity carrying out the project shall submit a project
outcomes report that compares the baseline data to quarterly project
data for the duration of the fifth year of the project after
substantial completion.
---------------------------------------------------------------------------

    \6\ The Department may in the future publish a more detailed
framework for performance measure data collection that will:
Indicate standardized measurement approaches; data storage system
requirements; and any other requirements the Secretary determines to
be necessary.
---------------------------------------------------------------------------

ii. INFRA
    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.ii. 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.
    For the INFRA Leverage Pilot, at least 50 percent of the project's
future eligible project costs must be funded by non-Federal
contributions.
(a) Large Projects
    The minimum project size for large projects is the lesser of (1)
$100 million; (2) 30 percent of a State's FY 2021 Federal-aid
apportionment if the project is located in one State; or (3) 50 percent
of the larger participating State's FY 2021 apportionment for projects
located in more than one State. The following chart identifies the
minimum total project cost, rounded up to the nearest million, for
projects for FY 2022 for both single and multi-State projects.

------------------------------------------------------------------------
                                            FY 22 INFRA     FY 22 INFRA
                                           (30% of FY 21   (50% of FY 21
                                          apportionment)  apportionment)
                  State                      one-state      multi-state
                                              minimum        minimum *
                                            (millions)      (millions)
------------------------------------------------------------------------
Alabama.................................            $100            $100
Alaska..................................             100             100
Arizona.................................             100             100
Arkansas................................             100             100
California..............................             100             100
Colorado................................             100             100
Connecticut.............................             100             100
Delaware................................              56              93
Dist. Of Col............................              52              87
Florida.................................             100             100
Georgia.................................             100             100
Hawaii..................................              56              93
Idaho...................................              94             100
Illinois................................             100             100
Indiana.................................             100             100
Iowa....................................             100             100
Kansas..................................             100             100
Kentucky................................             100             100
Louisiana...............................             100             100
Maine...................................              61             100
Maryland................................             100             100
Massachusetts...........................             100             100
Michigan................................             100             100
Minnesota...............................             100             100

Mississippi.............................             100             100
Missouri................................             100             100
Montana.................................             100             100
Nebraska................................              95             100
Nevada..................................             100             100
New Hampshire...........................              54              90
New Jersey..............................             100             100
New Mexico..............................             100             100
New York................................             100             100
North Carolina..........................             100             100
North Dakota............................              82             100
Ohio....................................             100             100
Oklahoma................................             100             100
Oregon..................................             100             100
Pennsylvania............................             100             100
Rhode Island............................              72             100
South Carolina..........................             100             100
South Dakota............................              93             100
Tennessee...............................             100             100
Texas...................................             100             100
Utah....................................             100             100
Vermont.................................              67             100
Virginia................................             100             100
Washington..............................             100             100
West Virginia...........................             100             100
Wisconsin...............................             100             100
Wyoming.................................              84             100
------------------------------------------------------------------------
* For multi-State projects, the minimum project size is the largest of
  the multi-State minimums from the participating States.

(b) Small Projects
    A small project is an eligible project that does not meet the
minimum project size described in Section C.5.ii.
(c) Large/Small Project Requirements
    For a large project to be selected, the Department must determine
that the project meets seven requirements described in 23 U.S.C. 117(g)
and below and further described in Section E.1.v.b. and Section
D.2.b.vii. If your project consists of multiple components with
independent utility, the Department must determine that each component
meets each requirement to select it for an award. See Section E.1.v.b.:
    Large Project Requirement #1: The project will generate national or
regional economic, mobility, or safety benefits.
    Large Project Requirement #2: The project will be cost-effective.
    Large Project Requirement #3: The project will contribute to the
accomplishment of one or more of the goals described in 23 U.S.C. 150.
    Large Project Requirement #4: The project is based on the results
of preliminary engineering.
    Large Project Requirement #5: With respect to related non-Federal
financial commitments, one or more stable and dependable funding or
financing sources are available to construct, maintain, and operate the
project, and contingency amounts are available to cover unanticipated
cost increases.
    Large Project Requirement #6: The project cannot be easily and
efficiently completed without other Federal funding or financial
assistance available to the project sponsor.
    Large Project Requirement #7: The project is reasonably expected to
begin construction no later than 18 months after the date of obligation
of funds for the project.
    For a small project to be selected, the Department must consider
the cost-effectiveness of the proposed project, the effect of the
proposed project on mobility in the State and region in which the
project is carried out, and the effect of the proposed project on
safety on freight corridors with significant hazards, such as high
winds, heavy snowfall, flooding, rockslides, mudslides, wildfire,
wildlife crossing onto the roadway, or steep grades.
iii. Rural
    For a Rural project to be selected, the Department must determine
that the project meets five requirements described in 23 U.S.C. 173(g)
and below and further described in Section E.1.v.b and Section
D.2.b.vii. If your project consists of multiple components with
independent utility, the Department must determine that each component
meets each requirement, to select it for an award. See Section
D.2.VIII.
    Rural Project Requirement #1: Will generate regional economic,
mobility, or safety benefits.
    Rural Project Requirement #2: The project will be cost-effective.
    Rural Project Requirement #3: The project will contribute to the
accomplishment of 1 or more of the national goals under 23 U.S.C. 150.
    Rural Project Requirement #4: The project is based on the results
of preliminary engineering.
    Rural Project Requirement #5: The project is reasonably expected to
begin construction not later than 18 months after the date of
obligation of funds for the project.

6. Definition of Rural and Urban Areas

    This section describes the definition of urban and rural areas and
the minimum statutory requirements for projects that meet those
definitions. The INFRA and Rural program statutes define a rural area
as an area outside an Urbanized Area \7\ 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.\8\ Rural and urban definitions differ in some other
Department programs, including TIFIA. 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.8 or C.9, 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.9
that cover wide geographic regions, this component-by-component
determination may result in awards that include urban and rural funds.
---------------------------------------------------------------------------

    \7\ For Census 2010, the Census Bureau defined an Urbanized Area
(UA) as an area that consists of densely settled territory that
contains 50,000 or more people. Updated lists of UAs are available
on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. For the purposes of the INFRA program,
Urbanized Areas with populations fewer than 200,000 will be
considered rural.
    \8\ See www.transportation.gov/buildamerica/INFRAgrants for a
list of Urbanized Areas with a population of 200,000 or more.
---------------------------------------------------------------------------

7. Areas of Persistent Poverty and Historically Disadvantaged
Communities

    BIL specifies that the Secretary consider, as an additional
consideration for the Mega program, whether a project may benefit an
Area of Persistent Poverty or a Historically Disadvantaged Community.
    In this context, an Area of Persistent Poverty means: (1) Any
county that has consistently had greater than or equal to 20 percent of
the population living in poverty during the 30-year period preceding
November 15, 2021, as measured by the 1990 and 2000 decennial census
and the most recent annual Small Area Income Poverty Estimates as
estimated by the Bureau of the Census; (2) any census tract with a
poverty rate of at least 20 percent as measured by the 2014-2018 5-year
data series available from the American Community Survey of the Bureau
of the Census; or (3) any territory or possession of the United States.
A county satisfies this definition only if 20 percent of its population
was living in poverty in all three of the listed datasets: (1) The 1990
decennial census; (2) the 2000 decennial census; and (3) the 2020 Small
Area Income Poverty Estimates. The Department lists all counties and
census tracts that meet this definition for Areas of Persistent Poverty
at https://datahub.transportation.gov/stories/s/tsyd-k6ij.
    Historically Disadvantaged Communities--The Department has

been developing a definition of Historically Disadvantaged Communities
as part of its implementation of the Justice40 Initiative and will use
that definition for the purpose of this NOFO. Consistent with the
Office of Management and Budget's (OMB) Interim Guidance for the
Justice40 Initiative, Historically Disadvantaged Communities include
(1) certain qualifying census tracts, (2) any Tribal land, or (3) any
territory or possession of the United States. The Department is
providing a list of census tracts that meet the definition of
Historically Disadvantaged Communities, as well as a mapping tool to
assist applicants in identifying whether a project is located in a
Historically Disadvantaged Community, available at https://datahub.transportation.gov/stories/s/tsyd-k6ij.

8. Project Components

    An application may describe a project that contains more than one
component. The Department 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 project requirements of the
program(s) being applied for described in Sections C and D.2; (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. In this context,
independent utility means that the component will represent a
transportation improvement that is usable and represents a reasonable
expenditure of the Department 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 funding program or programs
for which the applicant is applying. An applicant should not add
multiple components to a single application merely to aggregate costs
or to 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.ii. For example,
under 40 CFR 1509(e), 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 the independent utility
definition above and separately detail the costs and program funding
(Mega, INFRA, and/or Rural) 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.

9. Network of Projects

    An application may describe and request funding for a network of
projects. A network of projects is a single grant award that funds
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 increase rail safety and
reduce roadway congestion but the overall benefits would be greater if
the projects were completed together under a single award.
    The Department 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.8. 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.

10. Application Limit

    To encourage applicants to prioritize their MPDG opportunity
submissions, each eligible applicant may submit three unique
applications per grant program (Mega, INFRA, and Rural), for a total
application limit of nine. The three-unique-applications-per-grant
program 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 unique applications to a particular grant program 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/grants/mpdg-how-apply.

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.
i. Cover Page
    Each application should contain a cover page with the following
chart:

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

------------------------------------------------------------------------
Basic Project Information:     .........................................
    What is the Project Name?
    Who is the Project
     Sponsor?
    Was an application for     (If Yes, please include project title and
     USDOT discretionary        applicable grant programs).
     grant funding for this
     project submitted
     previously?
    A project will be          _Opt-out of Mega?
     evaluated for             _Opt-out of INFRA?
     eligibility for           _Opt-out of Rural?
     consideration for all
     three programs, unless
     the applicant wishes to
     opt-out of being
     evaluated for one or
     more of the grant
     programs.
Project Costs:
    MPDG Request Amount......  Exact Amount in year-of-expenditure
                                dollars: $__

    Estimated Other Federal    Estimate in year-of-expenditure dollars:
     funding (excl. MPDG).      $__
    Estimated Other Federal    Other Federal funding from Federal
     funding (excl. MPDG)       Formula dollars: $__
     further detail.           Other Federal funding being requested
                                from other USDOT grant opportunities?:
                                $__From What Program(s)?: __
    Estimated non-Federal      Estimate in year-of-expenditure dollars:
     funding.                   $__
    Future Eligible Project    Estimate in year-of-expenditure dollars:
     Cost (Sum of previous      $__
     three rows).
    Previously incurred        Estimate in year-of-expenditure dollars:
     project costs (if          $__
     applicable).
    Total Project Cost (Sum    Estimate in year-of-expenditure dollars:
     of `previous incurred'     $__
     and `future eligible').
    INFRA: Amount of Future    (1) A highway freight project on the
     Eligible Costs by          National Highway Freight Network: $__
     Project Type.             (2) A highway or bridge project on the
                                National Highway System: $__
                               (3) A freight intermodal, freight rail,
                                or freight project within the boundaries
                                of a public or private freight rail,
                                water (including ports), or intermodal
                                facility and that is a surface
                                transportation infrastructure project
                                necessary to facilitate direct
                                intermodal interchange, transfer, or
                                access into or out of the facility: $__
                               (4) A highway-railway grade crossing or
                                grade separation project: $__
                               (5) A wildlife crossing project: $__
                               (6) A surface transportation project
                                within the boundaries or functionally
                                connected to an international border
                                crossing that improves a facility owned
                                by fed/state/local government and
                                increases throughput efficiency: $__
                               (7) A project for a marine highway
                                corridor that is functionally connected
                                to the NHFN and is likely to reduce road
                                mobile source emissions: $__
                               (8) A highway, bridge, or freight project
                                on the National Multimodal Freight
                                Network: $__
    Mega: Amount of Future     (1) A highway or bridge project on the
     Eligible Costs by          National Multimodal Freight Network: $__
     Project Type.             (2) A highway or bridge project on the
                                National Highway Freight Network: $__
                               (3) A highway or bridge project on the
                                National Highway System: $__
                               (4) A freight intermodal (including
                                public ports) or freight rail project
                                that provides public benefit: $__
                               (5) A railway highway grade separation or
                                elimination project: $__
                               (6) An intercity passenger rail project:
                                $__
                               (7) A public transportation project that
                                is eligible under assistance under
                                Chapter 53 of title 49 and is a part of
                                any of the project types described
                                above: $__
                               (8) A grouping, combination, or program
                                of interrelated, connected, or dependent
                                projects of any of the projects
                                described above.
    Rural: Amount of Future    (1) A highway, bridge, or tunnel project
     Eligible Costs by          eligible under National Highway
     Project Type.              Performance Program: $__
                               (2) A highway, bridge, or tunnel project
                                eligible under Surface Transportation
                                Block Grant: $__
                               (3) A highway, bridge, or tunnel project
                                eligible under Tribal Transportation
                                Program: $__
                               (4) A highway freight project eligible
                                under National Highway Freight Program:
                                $__
                               (5) A highway safety improvement project,
                                including a project to improve a high
                                risk rural road as defined by the
                                Highway Safety Improvement Program: $__
                               (6) A project on a publicly-owned highway
                                or bridge that provides or increases
                                access to an agricultural, commercial,
                                energy, or intermodal facility that
                                supports the economy of a rural area:
                                $__
                               (7) A project to develop, establish, or
                                maintain an integrated mobility
                                management system, a transportation
                                demand management system, or on-demand
                                mobility services: $__
Project Location:
    State(s) in which project
     is located.
    INFRA: Small or Large      Small/Large.
     project.
    Urbanized Area in which    .........................................
     project is located, if
     applicable.
    Population of Urbanized    .........................................
     Area (According to 2010
     Census).
    Is the project located     List census tracts that qualify as within
     (entirely or partially)    these areas. (https://
     in Area of Persistent      datahub.transportation.gov/stories/s/
     Poverty or Historically    tsyd-k6ij).
     Disadvantaged Community?
    Is the project located     Yes/No. If yes, please describe which of
     (entirely or partially)    the four Federally designated community
     in Federal or USDOT        development zones in which your project
     designated areas?          is located.
                               Opportunity Zones: (https://opportunityzones.hud.gov/).
                               Empowerment Zones: (https://www.hud.gov/hudprograms/empowerment_zones) Promise
                                Zones: (https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz fieldpolicymgtpz).
                               Choice Neighborhoods: (https://www.hud.gov/program_offices/public_indian_housing/program s/ph/cn).
    Is the project currently   Yes/No.
     programmed in the:.       (Please specify in which plans the
     TIP.............   project is currently programmed, and
     STIP............   provide the identifying number if
     MPO Long Range     applicable).
     Transportation Plan..
     State Long Range
     Transportation Plan..
     State Freight
     Plan..
------------------------------------------------------------------------

ii. Project Narrative
    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.ii.I.
II. Project Location.......................  See D.2.ii.II.
III. Project Parties.......................  See D.2.ii.III.
IV. Grant Funds, Sources and Uses of all     See D.2.ii.IV.
 Project Funding.
V. Project Outcome Criteria................  See D.2.ii.V.
VI. Benefit-Cost Analysis.
VII. Project Readiness and Environmental     See D.2.ii.VII and
 Risk.                                        E.1.c.ii.
VIII. Project Requirements.................  See D.2.ii.VIII and C.5.
------------------------------------------------------------------------

    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 for each of the grant
programs from which the applicant is seeking funding and to assess the
selection criteria specified in Section E.1 that are applicable to the
grant programs from which the applicant is seeking funding. 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 it 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.
Appendices may include documents supporting assertions or conclusions
made in the 25-page project narrative and do not count towards the 25-
page limit. If possible, website links to supporting documentation
should be provided rather than copies of these supporting materials. If
supporting documents are submitted, applicants should clearly identify
within the project narrative the relevant portion of the project
narrative that each supporting document supports. At the applicant's
discretion, relevant materials provided previously to a modal
administration in support of a different USDOT financial assistance
program may be referenced and described as unchanged. The Department
recommends using appropriately descriptive final names (e.g., ``Project
Narrative,'' ``Maps,'' ``Memoranda of Understanding and Letters of
Support,'' etc.) for all attachments. The USDOT recommends applications
include the following sections:
I. Project Description
    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. The application should also identify:
    (a) Whether the project is located in an Area of Persistent
Poverty, including the relevant County and/or census tract(s);
    (b) whether the project is located in a Historically Disadvantaged
Community, including the relevant census tract(s);
    (c) If the project is located within the boundary of a 2010 Census-
designated Urbanized Area, the application should identify the
Urbanized Area; \9\ and
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    \9\ Lists of Urbanized Areas are available on the Census Bureau
website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/
and maps are available at https://tigerweb.geo.census.gov/tigerweb/.
For the purposes of the INFRA program, Urbanized Areas with
populations fewer than 200,000 will be considered rural.
---------------------------------------------------------------------------

    (d) whether the project is located in one of four Federally
designated community development zones (Opportunity Zones, Empowerment
Zones, Promise Zones, or Choice Neighborhoods).
    Information under (d) may be used for the Department's internal
data tracking.
III. Project Parties
    This section of the application should provide details about the
lead applicant, including the lead applicant's experience with receipt
and expenditure of Federal transportation funds. This section of the
application should also list and briefly describe all of the 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 and the plans for covering the full cost of the project from all
sources. At a minimum, it should include:
    Previously incurred expenses, as defined in Section C.
     Future eligible costs, as defined in Section C.5.
     For all funds to be used for future eligible project
costs, the source and amount of those funds.
     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.
     All Federal funds to be used for future eligible project
costs, including grant programs covered by this MPDG application (Mega,
INFRA, and/or Rural), other Federal grants that have been awarded to
the project or for which the project intends to apply in the future
(e.g., Bridge Investment Program, FTA Capital Investment Grant, etc.)
and any Federal formula funds that have already been programmed for the
project or are planned to be programmed for the project.
     For each category of Federal funds to be used for future
eligible project

costs, the amount, nature, and source of any required non-Federal match
for those funds.
    The Department is committed to considering project funding
decisions holistically among the various discretionary grant programs
available in BIL. The Department also recognizes that applicants may be
seeking discretionary grant funding from multiple discretionary grant
programs and opportunities. An applicant may seek the same award
amounts from multiple Department discretionary opportunities or seek a
combination of funding from multiple Department opportunities. The
applicant should indicate, within the Federal funding description,
details as to what other potential Department programs and
opportunities they intend to solicit funds, and what award amounts they
will be seeking.
    (A) 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 those data in dollars and
percentages. Funding sources should be grouped into three categories:
Non-Federal; MPDG; 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 and those associated with
each category of Federal funding.
    (B) Information showing that the applicant has budgeted sufficient
contingency amounts to cover unanticipated cost increases.
    (C) The amount of the requested MPDG funds that would be subject to
the limit on freight rail, port, and intermodal infrastructure
described in Section B.2.ii., if being considered for INFRA funding.
    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 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 source of funds is available for expenditure only
during a fixed 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. Project Outcome Criteria
    This section of the application should demonstrate how the project
aligns with the Project Outcome Criteria described in Section E.2 of
this notice. The Department encourages applicants to address each
criterion as it applies to the funding programs to which they are
applying or else to expressly state that the project does not address
the criterion. Insufficient information to assess any criterion will
negatively impact the project rating. 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 Project Outcome Criteria is in Section E.2 of this
notice. Applicants also should review that section before considering
how to organize their application.
Criterion #1: Safety
    This section of the application should describe the anticipated
outcomes of the project that support the Safety criterion (described in
Section E.2 of this notice). The applicant should include information
on, and to the extent possible, quantify, how the project will target
known, documented safety problems within the project area or wider
transportation network, and demonstrate how the project will protect
all users of the transportation system and/or communities from health
and safety risks. The application should provide evidence to support
the claimed level of effectiveness of the project in protecting all
travelers, including vulnerable users, from health and safety risks,
such as the number and rate of reduced crashes, serious injuries, and/
or fatalities. If the project is providing increased access to
commercial motor vehicle parking, the application should provide
information demonstrating the lack of parking in the area and evidence
estimating the number of vehicles that will use the new parking.
Criterion #2: State of Good Repair
    This section of the application should describe how the project
will contribute to a state of good repair by restoring and modernizing
core infrastructure assets and/or addressing current or projected
system vulnerabilities (described in Section E.2 of this notice). The
application should include information on the current condition of all
assets that will be affected by the project, how the proposed project
will improve asset condition, plans to ensure the ongoing state of good
repair of new assets constructed as part of the project, and any
estimates of impacts on long-term cost structures or overall life-cycle
costs.
Criterion #3: Economic Impacts, Freight Movement, and Job Creation
    This section of the application should describe how the project
will contribute to at least one of the following outcomes: (1) Improve
system operations to increase travel time reliability and manage travel
demand for goods movement, especially for supply chain bottlenecks,
thereby reducing the cost of doing business and improving local and
regional freight connectivity to the national and global economy; (2)
improve multimodal transportation systems that incorporate affordable
transportation options such as public transit to improve mobility of
people and goods; (3) decrease transportation costs and provide
reliable and timely access to employment centers and job opportunities;
(4) significantly improve the economic strength of regions and cities
by increasing the economic productivity of land, capital, or labor, and
linkages between distinct rural areas and rural and urban areas; (5)
enhance recreational and tourism opportunities by providing access to
Federal lands (including national parks, national forests, national
recreation areas, national wildlife refuges, and wilderness areas) or
State parks; (6) result in high-quality job creation by supporting
good-paying jobs with a free and fair choice to join a union in project
construction and in on-going operations and maintenance, and
incorporate strong labor standards, such as through the use of project
labor agreements, registered apprenticeship programs, and other joint
labor-management training programs; \10\ (7) result in workforce
opportunities for historically underrepresented groups, such as through
the use of local hire provisions or other workforce strategies targeted
at or jointly developed with historically underrepresented groups, to
support project development; (8) foster economic growth and development

while creating long-term high-quality jobs, while addressing acute
challenges, such as energy sector job losses in energy communities as
identified in the report released in April 2021 by the interagency
working group established by section 218 of Executive Order 14008; \11\
(9) support integrated land use, economic development and
transportation planning to improve the movement of people and goods and
local fiscal health, facilitate greater public and private investments
and strategies in land-use productivity, including rural main street
revitalization or increase in the production or preservation of
location-efficient housing; or (10) help the United States compete in a
global economy by encouraging the location of important industries and
future innovations and technology in the U.S., and facilitating
efficient and reliable freight movement.
---------------------------------------------------------------------------

    \10\ https://www.apprenticeship.gov/https://www.apprenticeship.gov.
    \11\ https://netl.doe.gov/sites/default/files/2021-04/Initial%20Report%20on%20Energy%20Communities_Apr2021.pdf.
---------------------------------------------------------------------------

Criterion #4: Climate Change, Resiliency, and the Environment
    This section of the application should describe how the project
will incorporate considerations of climate change and environmental
justice in the planning stage and in project delivery, such as through
incorporation of specific design elements that address climate change
impacts. The application should describe the degree to which the
project is expected to reduce transportation-related pollution such as
air pollution and greenhouse gas emissions, increase use of lower-
carbon travel modes such as transit and active transportation, improve
the resiliency of at-risk \12\ infrastructure, incorporate lower-carbon
pavement and construction materials, or address the disproportionate
negative environmental impacts of transportation on disadvantaged
communities. The application should explain to what extent the project
will prevent stormwater runoff that would be a detriment to aquatic
species. The application should describe whether the project will
promote energy efficiencies, support fiscally responsible land use and
transportation efficient design that reduces greenhouse gas emissions,
improve public health and increase use of lower-carbon travel modes
such as transit, active transportation and multimodal freight,
incorporate electrification or zero emission vehicle infrastructure,
increase resilience to all hazards, and recycle or redevelop brownfield
sites, particularly in communities that disproportionally experience
climate-change-related consequences. The application should describe if
projects in floodplains are upgraded consistent with the Federal Flood
Risk Management Standard in Executive Order 14030, Climate-Related
Financial Risk (86 FR 27967) and 13690, Establishing a Federal Flood
Risk Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input (80 FR 6425.)
---------------------------------------------------------------------------

    \12\ For the MPDG opportunity, at-risk infrastructure is defined
as infrastructure that is subject to, or faces increased long-term
future risks of, a weather event, a natural disaster, or changing
conditions, such as coastal flooding, coastal erosion, wave action,
storm surge, or sea level rise, in order to improve transportation
and public safety and to reduce costs by avoiding larger future
maintenance or rebuilding costs.
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Criterion #5: Equity, Multimodal Options, and Quality of Life
    This section of the application should describe how the project
will proactively address equity and barriers to opportunity, improve
quality of life in rural areas or urbanized areas, and benefit
Historically Disadvantaged Communities or populations, or Areas of
Persistent Poverty. This may include increasing affordable
transportation choices, especially for transportation disadvantaged
communities. It should also describe how the project has or will
meaningfully engage communities affected by the project, with effective
public participation that is accessible to all persons regardless of
race, color, national origin, disability, age, and sex. Equity
considerations should be integrated into planning, development, and
implementation of transportation investments, including utilization of
Disadvantaged Business Enterprises (DBEs). The application should
describe any public involvement plan or targeted outreach,
demonstrating engagement of diverse input such as community-based
organizations during project planning and consideration of such input
in the decision-making. The project application should describe
planning and engagement in the project design phase to mitigate and, to
the greatest extent possible, prevent, physical and economic
displacement.
Criterion #6: Innovation Areas: Technology, Project Delivery, and
Financing
    This section of the application should contain sufficient
information to evaluate how the project can be transformative in
achieving program goals, and includes or enables innovation in: (1) The
accelerated deployment of innovative and secure-by-design technology,
including expanded access to broadband; (2) use of innovative
permitting, contracting, and other project delivery practices; and (3)
innovative financing. If the project does not address a particular
innovation area, the application should state this fact. Please see
Section E.1.a for additional information.
VI. 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 purpose of the BCA is to enable Department to
evaluate the project's cost effectiveness by comparing its expected
benefits to its expected costs. The results of the analysis should be
summarized in the Project Narrative directly, as described in Section
D.2. Applicants should also 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 Department evaluators.
    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. The analysis should provide present
value estimates of a project's benefits and costs relative to a no-
build baseline. To calculate present values, applicants should apply a
real discount rate of 7 percent per year to the project's streams of
benefits and costs, which should be stated in constant-dollar terms.
The costs and benefits that are compared in the BCA must cover the same
project scope.
    Any benefits claimed for the project, both quantified and
unquantified, should be clearly tied to the expected outcomes of the
project. Projected benefits may accrue to both users of the facility
and those who are affected by its use (such as through changes in
emissions of greenhouse gases and other pollutants, or availability of
affordable housing or more affordable transportation choices). Usage
forecasts applied in estimating future benefits should account for any
additional demand induced by the improvements to the facility. While
benefits should be quantified wherever possible, applicants may also
describe other categories of benefits in the BCA that are more
difficult to quantify and/or value in economic terms.
    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
include the present discounted value of any remaining service life of
the asset at the end of the analysis period.
    Detailed guidance from the Department on estimating benefits and
costs, together with recommended economic values for converting them to
dollar terms and discounting to their present values, is available on
the program website (see www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance-discretionary-grant-programs-0).
VII. Project Readiness and Environmental Risk
    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.4 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
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.
The applicant must demonstrate compliance with Title VI/Civil Rights
requirements, to ensure that no person is excluded from participation,
denied benefits, or otherwise subjected to discrimination under any
program or activity, on the basis of race, color, national origin, sex,
age, or disability.
    (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:
     All necessary activities will be complete to allow MPDG
funds to be obligated \13\ sufficiently in advance of the statutory
deadline for applicable programs (For INFRA and Rural, the statutory
obligation deadline is September 30, 2025 for FY 2022 funds. For Mega,
there is no statutory obligation deadline; however, the Department
seeks projects that will begin construction before September 30, 2025)
and that any unexpected delays will not put the funds at risk of
expiring before they are obligated;
---------------------------------------------------------------------------

    \13\ 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.
---------------------------------------------------------------------------

     the project can begin construction quickly upon obligation
of grant funds, and that the grant funds will be spent expeditiously
once construction starts; and
     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. A plan for securing any required Right-of-
Way agreements should be included. If applicable, this section should
describe a right-of-way acquisition plan that minimally disrupts
communities and maintains community cohesion.
    (c) Required Approvals.
    i. Environmental Permits and Reviews. The application should
demonstrate receipt (or the schedule for 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:
     Information about the NEPA status of the project,
including whether the project may qualify for a Categorical Exclusion
under current regulations. If the NEPA process is complete, an
applicant should indicate the date of completion, and provide a website
link or other reference to the final Categorical Exclusion, Finding of
No Significant Impact, Record of Decision, and any other NEPA documents
prepared. If the NEPA process is underway, but not complete, the
application should detail the NEPA class of action, where the project
is in the NEPA process, and indicate the anticipated date of completion
of all milestones and of the final NEPA determination. If the final
agency action with respect to NEPA occurred more than three years
before the application date, the applicant should describe a proposed
approach for updating this material in accordance with applicable NEPA
reconsideration requirements.
     Information on reviews, approvals, and permits by other
Federal and State agencies. An application should indicate whether the
proposed project requires reviews or approval actions by other
agencies,\14\ indicate the status of such actions, and provide detailed
information about the status of those reviews or approvals and should
demonstrate compliance with any other applicable Federal, State, or
local requirements, and when such approvals are expected. Applicants
should provide a website link or other reference to copies of any
reviews, approvals, and permits prepared.
---------------------------------------------------------------------------

    \14\ 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.
---------------------------------------------------------------------------

     Environmental studies or other documents--preferably
through a website link--that describe in detail known project impacts,
and possible mitigation for those impacts.

     A description of discussions with the appropriate
Department modal administration field or headquarters office regarding
the project's compliance with NEPA and other applicable Federal
environmental reviews and approvals.
     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.
    ii. State and Local Approvals. The applicant should demonstrate
receipt (or the schedule for anticipated receipt) of State and local
approvals on which the project depends, such as State and local
environmental and planning approvals, and statewide transportation
improvement program (STIP) or transportation improvement program (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.
    iii. Federal Transportation Requirements Affecting State and Local
Planning. The planning requirements applicable to the Federal-aid
highway program apply to all projects, but for port, freight, and rail
projects, planning requirements of the operating administration that
will administer the project will also apply,\15\ including intermodal
projects located at airport facilities.\16\ 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. 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.
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    \15\ In accordance with 23 U.S.C. 134 and Sec.  135, all
projects requiring an action by the Federal Highway Administration
(FHWA) must be in the applicable plan and programming documents
(e.g., metropolitan transportation plan, transportation improvement
program (TIP), and statewide transportation improvement program
(STIP)).). Further, in air quality non-attainment and maintenance
areas, all regionally significant projects, regardless of the
funding source, must be included in the conforming metropolitan
transportation plan and TIP. Inclusion in the STIP is required under
certain circumstances. To the extent a project is required to be on
a metropolitan transportation plan, TIP, and/or STIP, it will not
receive a 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 to receive a 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 of Section 70202 of Title70202Title 49 U.S.C. prior to
the start of construction. Port planning guidelines are available at
StrongPorts.gov.
    \16\ Projects at grant obligated airports must be compatible
with the Federal Aviation Administration (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.
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    Because projects have different schedules, the construction start
date for each grant will be specified in the project-specific
agreements signed by relevant modal administration and the grant
recipients, will be based on critical path items that applicants
identify in the application, and will be consistent with relevant State
and local plans.
    iv. Assessment of Project Risks and Mitigation Strategies. Project
risks, such as procurement delays, environmental uncertainties,
increases in real estate acquisition costs, uncommitted local match,
pushback from stakeholders or impacted communities, 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 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 the Department modal field or headquarters
offices as found at https://www.transportation.gov/grants/mega-additional-guidance for information on what steps are prerequisite to
the obligation of Federal funds to ensure that their project schedule
is reasonable and that there are no risks of delays in satisfying
Federal requirements.
VIII. Statutory Project Requirements
    To select a project for award, the Department must determine that
the project--as a whole, as well as each independent component of the
project--satisfies statutory requirements relevant to the program from
which it will receive an award. The application should include
sufficient information for the Department to make these determinations
for both the project as a whole and for each independent component of
the project. Applicants should use this section of the application to
summarize how their project meets applicable statutory requirements
and, if present, how each independent project component 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. Supporting information provided in
appendices may be referenced.

                                        Statutory Selection Requirements
----------------------------------------------------------------------------------------------------------------
        23 U.S.C. 117 INFRA            49 U.S.C. 6701 Mega     23 U.S.C. 173 Rural             Guidance
----------------------------------------------------------------------------------------------------------------
(1) The project will generate        (1) The project is      (1) The project will    Summarize the economic,
 national, or regional economic,      likely to generate      generate regional       mobility, and safety
 mobility, or safety benefits.        national or regional    economic, mobility,     benefits of the project
                                      economic, mobility,     or safety benefits.     and independent project
                                      safety benefits.                                components, and describe
                                                                                the scale of their impact
                                                                                in national or regional
                                                                                terms. The Department will
                                                                                base its determination on
                                                                                the assessment of this
                                                                                information by Project
                                                                                Outcome evaluators.
(2) The project will be cost         (3) The project will    (2) The project will    Highlight the results of
 effective.                           be cost effective.      be cost effective.      the Benefit-Cost analysis,
                                                                                as well as the analyses of
                                                                                independent project
                                                                                components if applicable.
                                                                                The Department will base
                                                                                its determination on the
                                                                                ratio of project benefits
                                                                                to project costs as
                                                                                assessed by the Economic
                                                                                Analysis Team.

(3) The project will contribute to   No statutory            (3) The project will    Specify the Goal(s) and
 1 or more of the national goals      requirement.            contribute to 1 or      summarize how the project
 described under Section 150.                                 more of the national    and independent project
                                                              goals described under   components contribute to
                                                              Section 150.            that goal(s).
                                                                                The Department will base
                                                                                its determination on the
                                                                                assessment of this
                                                                                information by Project
                                                                                Outcome evaluators.
(4) The project is based on the      No statutory            (4) The project is      For a project or
 results of preliminary engineering.  requirement.            based on the results    independent project
                                                              of preliminary          component to be based on
                                                              engineering.            the results of preliminary
                                                                                engineering, please
                                                                                indicate which of the
                                                                                following activities have
                                                                                been completed as of the
                                                                                date of application
                                                                                submission:
                                                                                Environmental
                                                                                Assessments.
                                                                                Topographic
                                                                                Surveys.
                                                                                Metes and
                                                                                Bounds Surveys.
                                                                                Geotechnical
                                                                                Investigations.
                                                                                Hydrologic
                                                                                Analysis.
                                                                                Utility
                                                                                Engineering.
                                                                                Traffic
                                                                                Studies.
                                                                                Financial
                                                                                Plans.
                                                                                Revenue
                                                                                Estimates.
                                                                                Hazardous
                                                                                Materials Assessments.
                                                                                General
                                                                                estimates of the types
                                                                                and quantities of
                                                                                materials.
                                                                                Other work
                                                                                needed to establish
                                                                                parameters for the
                                                                                final design.
                                                                                If one or more of these
                                                                                studies was included in a
                                                                                larger plan or document
                                                                                not described above,
                                                                                please explicitly state
                                                                                that and reference the
                                                                                document. The Department
                                                                                will base its
                                                                                determination on the
                                                                                assessment by technical
                                                                                capacity evaluators.
(5) With respect to related non-     (4) With respect to     No statutory            Please indicate funding
 federal financial commitments, 1     non-federal financial   requirement.            source(s) and amounts that
 or more stable and dependable        commitments, 1 or                               will account for all
 sources of funding and financing     more stable and                                 project costs, broken down
 are available to construct,          dependable sources                              by independent project
 maintain, and operate the project,   are available to                                component, if applicable.
 and contingency amounts are          construct, operate,                             Demonstrate that the
 available to cover unanticipated     and maintain the                                funding is stable,
 cost increases.                      project, and to cover                           dependable, and dedicated
                                      cost increases.                                 to this specific project
                                                                                by referencing the STIP/
                                                                                TIP, a letter of
                                                                                commitment, a local
                                                                                government resolution,
                                                                                memorandum of
                                                                                understanding, or similar
                                                                                documentation. Please
                                                                                state the contingency
                                                                                amount available for the
                                                                                project. The Department
                                                                                will base its
                                                                                determination on an
                                                                                assessment of this
                                                                                information by financial
                                                                                completeness evaluators.
                                                                                The Department will base
                                                                                its determination on an
                                                                                assessment of this
                                                                                information by financial
                                                                                completeness evaluators.
(6) The project cannot be easily     (2) The project is in   No statutory            Describe the potential
 and efficiently completed without    significant need of     requirement.            negative impacts on the
 other Federal funding or financing   Federal funding.                                proposed project if the
 available to the project sponsor.                                                    MPDG grant (or other
                                                                                Federal funding) was not
                                                                                awarded. Respond to the
                                                                                following:
                                                                                1. How would the project
                                                                                scope be affected if MPDG
                                                                                (or other Federal funds)
                                                                                were not received?
                                                                                2. How would the project
                                                                                schedule be affected if
                                                                                MPDG (or other Federal
                                                                                funds) were not received?
                                                                                3. How would the project
                                                                                cost be affected if MPDG
                                                                                (or other Federal funds)
                                                                                were not received?
                                                                                If there are no negative
                                                                                impacts to the project
                                                                                scope, schedule, or budget
                                                                                if MPDG funds are not
                                                                                received, state that