explicitly. Impacts to a
                                                                                portfolio of projects will
                                                                                not satisfy this
                                                                                requirement; please
                                                                                describe only project-
                                                                                specific impacts. Re-
                                                                                stating the project's
                                                                                importance for national or
                                                                                regional economic,
                                                                                mobility, or safety will
                                                                                not satisfy this
                                                                                requirement. The
                                                                                Department will base its
                                                                                determination on an
                                                                                assessment of this
                                                                                information by program
                                                                                evaluators.
(7) The project is reasonably        (5) The applicant       (5) The project is      Please provide expected
 expected to begin not later than     have, or will have,     reasonably expected     obligation date and
 18 months after the date of          sufficient legal,       to begin not later      construction start date,
 obligation of funds for the          financial, and          than 18 months after    referencing project budget
 project.                             technical capacity to   the date of             and schedule as needed. If
                                      carry out the project.  obligation of funds     the project has multiple
                                                              for the project.        independent components, or
                                                                                will be obligated and
                                                                                constructed in multiple
                                                                                phases, please provide
                                                                                sufficient information to
                                                                                show that each component
                                                                                meets this requirement.
                                                                                The Department will base
                                                                                its determination on the
                                                                                project risk rating as
                                                                                assessed according to the
                                                                                Project Readiness
                                                                                consideration. The
                                                                                Department will base its
                                                                                determination on the
                                                                                project risk as assessed
                                                                                by the Environmental Risk,
                                                                                Financial Completeness,
                                                                                and Technical Capacity
                                                                                evaluators.
----------------------------------------------------------------------------------------------------------------

    For an INFRA 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. If an applicant
seeks an award for an INFRA small project, it should use this section
to provide information on the project's cost effectiveness, including
by summarizing the results of the benefit-cost analysis for the
project, and the project's effect on the mobility in its State and
region, and the effect of the proposed project on safety of freight
corridors with significant hazards, or refer to where else the
information can be found in the application.

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

    Each applicant must: (1) Be registered in SAM before submitting its
application; (2) provide a valid unique entity identifier in its
application; and (3) continue to maintain an active SAM registration
with current information at all times during which it has an active
Federal award or an application or plan under consideration by a
Federal awarding agency. The Department may not make an MPDG grant to
an applicant until the applicant has complied with all applicable
unique entity identifier and SAM requirements and, if an applicant has
not fully complied with the requirements by the time the Department is
ready to make an MPDG grant, the Department may determine that the
applicant is not qualified to receive an MPDG grant and use that
determination as a basis for making an MPDG grant to another applicant.

4. Submission Dates and Times

    Applications must be submitted by 11:59 p.m. EDT May 23, 2022. The
Grants.gov ``Apply'' function will open by March 25, 2022. To submit an
application through Grants.gov, applicants must:

    (1) Obtain a Unique Entity Identifier (UEI) number; \17\
---------------------------------------------------------------------------

    \17\ On April 4, 2022 the Federal government will stop using the
Data Universal Numbering System (DUNS) number to uniquely identify
entities. At that point, entities doing business with the Federal
government will use a Unique Entity Identifier (UEI) created in
SAM.gov. If your entity is currently registered in SAM.gov, your UEI
has already been assigned and is viewable in SAM.gov. This includes
inactive registrations.
---------------------------------------------------------------------------

    (2) Register with the System for Award Management (SAM) at
www.sam.gov;
    (3) Create a Grants.gov username and password; and
    (4) The E-business Point of Contact (POC) at the applicant's
organization must also respond to the registration email from
Grants.gov and login at Grants.gov to authorize the POC as an
Authorized Organization Representative (AOR). Please note that there
can only be one AOR per organization.

    Please note that the Grants.gov registration process usually takes
2-4 weeks to complete and that the Department will not consider late
applications that are the result of failure to register or comply with
Grants.gov applicant requirements in a timely manner. For information
and instruction on each of these processes, please see instructions at
http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If
applicants experience difficulties at any point during the registration
or application process, please call the Grants.gov Customer Service
Support Hotline at 1(800) 518-4726.

5. Funding Restrictions

i. Mega
    BIL specifies that 50 percent of available Mega funds are set aside
for projects between $100 million and $500 million in cost. The
remaining available Mega funds, less 2 percent for program
administration, are for projects greater than $500 million in cost.
ii. INFRA
    The Department will make awards under the INFRA program to both
large and small projects (refer to section C.5.ii for a definition of
large and small projects). For a large project, BIL specifies that an
INFRA grant must be at least $25 million. For a small project,
including both construction awards and project development awards, the
grant must be at least $5 million. For each fiscal year of INFRA funds,
a minimum of 15 percent of available funds are reserved for small
projects, and a maximum of 85 percent of funds are reserved for large
projects.
    The program statute specifies that not more than 30 percent of
INFRA grants for each of the fiscal years 2022 to 2026 may be used for
grants to freight rail, water (including ports and marine highway
corridors), other freight intermodal projects that make significant
improvements to freight movement on the National Highway Freight
Network or National Multimodal Freight Network, wildlife crossing
projects, projects located within or functionally connected to an
international border crossing area in the United States, improves a
transportation facility owned by a Federal, State, or local government
entity, and projects that increase the throughput efficiency of border
crossings. As much as $482 million may be available within this
provision. Only the nonhighway portion(s) of multimodal projects count
toward this limit.
    Grade crossing and grade separation projects do not count toward
the limit for freight rail, port, and intermodal projects. The
Department may award less than the full amount available under this
provision.
    The program statute requires that at least 25 percent of the funds
provided for INFRA large project grants must be used for projects
located in rural areas, as defined in Section C.6 The program statute
requires that at least 30 percent of the funds provided for INFRA small
project grants must be used for projects located in rural areas, as
defined in Section C.6. The Department may elect to go above that
threshold. The USDOT must consider geographic diversity among grant
recipients, including the need for a balance in addressing the needs of
urban and rural areas.
    BIL specifies that $150 million in available INFRA funding for each
of the fiscal years 2022 to 2026 be set aside for an INFRA Leverage
Pilot program. The INFRA Leverage Pilot program will fund projects with
a Federal share of less than 50 percent. Not less than 10 percent of
the INFRA Leverage Pilot funds will be awarded to small INFRA projects,
as defined in Section C.5.ii.(b), and not less than 25 percent of the
INFRA Leverage Pilot funds will be awarded to rural projects, as
defined in Section C.6.
iii. Rural
    The Department will make awards under the Rural program. All
funding under this program will be awarded to projects defined as rural
projects, as defined in Section C.6. BIL specifies that at least 90
percent of Rural grant amounts must be at least $25 million, and up to
10 percent of Rural grants may be for grant amounts of less than $25
million. BIL specifies that 15 percent of the Rural program funds shall
be reserved for eligible projects located in States that have rural
roadway fatalities as a result of lane departures that are greater than
the average of rural roadway fatalities as a result of lane departures
in the United States.\18\ This is defined based on five-year rolling
average of rural roadway departure fatality rate per 100 million VMT.
BIL specifies that 25 percent of the Rural program funds shall be
reserved for eligible projects that further the completion of
designated routes of the Appalachian Development Highway System under
section 14501 of title 40 U.S.C.
---------------------------------------------------------------------------

    \18\ States with above average rural roadway departure
fatalities (based on five-year rolling average of rural roadway
departure fatality rate per 100 million VMT) include: Alabama;
Alaska; Arkansas; Idaho; Iowa; Kansas; Kentucky; Louisiana; Maine;
Mississippi; Missouri; Montana; Nebraska; New Mexico; North
Carolina; North Dakota; Oklahoma; Oregon; South Carolina; South
Dakota; Tennessee; Vermont; West Virginia; Wyoming.
---------------------------------------------------------------------------

6. Other Submission Requirements

a. Consideration of Application
    Only applicants who comply with all submission deadlines described
in this notice and submit applications through Grants.gov will be
eligible for award. Applicants are strongly encouraged to make
submissions in advance of the deadline.

b. Late Applications
    Applications received after the deadline will not be considered
except in the case of unforeseen technical difficulties outlined below.
c. Late Application Policy
    Applicants experiencing technical issues with Grants.gov that are
beyond the applicant's control must contact [email protected] prior to
the application deadline with the user name of the registrant and
details of the technical issue experienced. The applicant must provide:

    1. Details of the technical issue experienced;
    2. Screen capture(s) of the technical issues experienced along
with corresponding Grants.gov ``Grant tracking number'';
    3. The ``Legal Business Name'' for the applicant that was
provided in the SF-424;
    4. The AOR name submitted in the SF-424;
    5. The UEI number associated with the application; and
    6. The Grants.gov Help Desk Tracking Number.

    To ensure a fair competition of limited competitive funds, the
following conditions are not valid reasons to permit late submissions:
(1) Failure to complete the registration process before the deadline;
(2) failure to follow Grants.gov instructions on how to register and
apply as posted on its website; (3) failure to follow all the
instructions in this notice of funding opportunity; and (4) technical
issues experienced with the applicant's computer or information
technology environment. After the Department reviews all information
submitted and contacts the Grants.gov Help Desk to validate reported
technical issues, the Department staff will contact late applicants to
approve or deny a request to submit a late application through
Grants.gov. If the reported technical issues cannot be validated, late
applications will be rejected as untimely.

E. Application Review Information

1. Criteria

i. Overall Application Rating
    The Department will assign each eligible project a rating of highly
recommended, recommended, or not recommended for each of the grant
programs for which the applicant is applying. The rating will be
assigned by the Department on the following basis:
    A rating of ``Not Recommended'' will be assigned to projects that:
     The Department determines do not meet one or more
statutory requirements for award, or additional information is required
for one or more statutory requirements; or
     Receive a low rating in one or more of project outcome,
economic analysis, or project readiness; or
     Are otherwise identified by the Senior Review Team to not
be suitable for a grant award based on its weakness within a Project
Outcome Area.
    A rating of ``Highly Recommended'' will be assigned to projects
that:
     The Department determines meet all statutory requirements
for award and receive high ratings in all of project outcomes, economic
analysis, and project readiness; or
     Meet all statutory requirements for award and are
otherwise determined by the Senior Review Team to be an exemplary
project of national or regional significance that generates significant
benefits in one of the project outcome areas.
    A rating of ``Recommended'' will be assigned to projects that:
     The Department determines meet all statutory requirements
for award; and
     Are not otherwise assigned a ``Highly Recommended or ``Not
Recommended'' rating.
ii. Project Outcome Criteria
    The Department will consider the extent to which the project
addresses the following project outcome criteria, which are explained
in greater detail below and reflect the key program objectives
described in Section D.V: (1) Safety; (2) state of good repair; (3)
economic impacts, freight movement, and job creation; (4) climate
change, resiliency, and the environment; (5) equity, multimodal
options, and quality of life; and (6) innovation areas: technology,
project delivery, and financing. For each project outcome area, the
Project Outcome Analysis team will assign a 0, 1, 2, or 3 according to
the guidelines below.

----------------------------------------------------------------------------------------------------------------
                                     0                     1                     2                    3
----------------------------------------------------------------------------------------------------------------
Rating Scale.............  The project           The project's         The project has       The project has
                            negatively affects    claimed benefits in   clear and direct      clear and direct,
                            this outcome area     this outcome area     benefits in this      data-driven, and
                            OR the application    are plausible but     outcome area          significant
                            contains              minimal OR the        stemming from         benefits in this
                            insufficient          project's claimed     adopting common       outcome area, that
                            information to        benefits in this      practices for         are well supported
                            assess this outcome   area are not          planning, designing   by the evidence in
                            area.                 plausible.            or building           the application
                                                                        infrastructure.
----------------------------------------------------------------------------------------------------------------

    The Department is neither weighting these criteria nor is a project
required to score highly in each criterion, but project sponsors are
encouraged to propose projects that score highly in as many areas as
possible. The Department will assign a high, medium-high, medium,
medium-low, and low project outcome rating on the following basis:

------------------------------------------------------------------------
                   Score                               Rating
------------------------------------------------------------------------
At least three 3's, no 0's................  High.
At least one 3, no 0's....................  Medium-High.
No 3's, no 0's............................  Medium.
No more than one 0........................  Medium-Low.
Two or more 0's...........................  Low.
------------------------------------------------------------------------

Criterion #1: Safety
    The Department will assess how the project targets a known safety
problem and seeks to protect motorized and non-motorized travelers and
communities, including vulnerable users, from health and safety risks.
The Department will consider the project's estimated impacts on the
number, rate, and consequences of crashes, fatalities and serious
injuries among transportation users; the degree to which the project
addresses vulnerable roadway users; and the degree to which the project
addresses inequities in crash victims; the project's incorporation of
roadway design and technology that is proven to improve safety.
Applicants are encouraged to support actions and activities identified
in the National Roadway Safety Strategy (National Roadway Safety
Strategy [verbar] US Department of Transportation).\19\
---------------------------------------------------------------------------

    \19\ https://www.transportation.gov/NRSS https://www.transportation.gov/NRSS.
---------------------------------------------------------------------------

    The Department is also focused on the national priority of
addressing the shortage of long-term parking for commercial motor
vehicles on the

National Highway System. Projects which increase access to truck
parking generate safety benefits for motorized and non-motorized users
as well as commercial vehicle operators.

------------------------------------------------------------------------
          Score              Safety criterion             Example
------------------------------------------------------------------------
0.......................  The project negatively  ......................
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example: The project
                           benefits in this        will result in
                           outcome area are        minimal improvements
                           plausible but minimal   to safety, with
                           OR the project's        little impact on the
                           claimed benefits in     number of crashes,
                           this area are not       fatalities, or
                           plausible.              serious injuries to
                                                   the traveling public.
2.......................  The project produces    Example: The project
                           nontrivial, positive    results in measurable
                           benefits in this        reductions in
                           outcome area that are   crashes, fatalities,
                           well supported by the   or serious injuries
                           evidence in the         to the traveling
                           application.            public, including
                                                   vulnerable roadway
                                                   users, by adopting
                                                   actions and
                                                   activities identified
                                                   in the National
                                                   Roadway Safety
                                                   Strategy.
3.......................  The project produces    Example: The project
                           significant,            targets a well-known
                           transformative          safety problem;
                           benefits in this        results in a
                           outcome area, that      significant reduction
                           are well supported by   in fatalities or
                           the evidence in the     serious injuries to
                           application.            motorized and
                                                   nonmotorized users.
                                                   The project
                                                   incorporates
                                                   innovative roadway
                                                   design or technology
                                                   aimed at protecting
                                                   the health and safety
                                                   of vulnerable roadway
                                                   users.
------------------------------------------------------------------------

    Criterion #2: State of Good Repair
    DOT will assess whether and to what extent the project: (1) Is
consistent with relevant plans to maintain transportation facilities or
systems in a state of good repair, including Department-required asset
management plans; and (2) addresses current and projected
vulnerabilities that, if left unimproved, will threaten future
transportation network efficiency, mobility of goods or accessibility
and mobility of people, or economic growth. The Department will also
consider whether the project includes a plan to maintain the
transportation infrastructure built with grant funds in a state of good
repair. The Department will prioritize projects that ensure the good
condition of transportation infrastructure, including rural
transportation infrastructure, and support commerce and economic
growth. Projects that represent routine or deferred maintenance will be
less competitive in this criterion. Per FHWA's published Policy on
Using Bipartisan Infrastructure Law Resources to Build a Better
America,\20\ the Department encourages applicants to improve the
condition and safety of existing State and locally-owned transportation
infrastructure within the right-of-way.
---------------------------------------------------------------------------

    \20\ https://www.fhwa.dot.gov/bipartisan-infrastructure-law/docs/building_a_better_america-policy_framework.pdf.

------------------------------------------------------------------------
                           State of good repair
          Score                  criterion                Example
------------------------------------------------------------------------
0.......................  The project negatively  ......................
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example: The project
                           benefits in this        is identified in the
                           outcome area are        sponsor's Asset
                           plausible but minimal   Management Plan, but
                           OR the project's        it is difficult to
                           claimed benefits in     verify that the
                           this area are not       infrastructure asset
                           plausible.              will operate at a
                                                   full level of
                                                   performance after the
                                                   project improvements.
2.......................  The project produces    Example: The project
                           nontrivial, positive    is identified in the
                           benefits in this        sponsor's Asset
                           outcome area that are   Management Plan and
                           well supported by the   will repair or
                           evidence in the         rebuild an
                           application.            infrastructure asset
                                                   so that will operate
                                                   at a full level of
                                                   performance.
3.......................  The project produces    Example: The project
                           significant,            is identified in the
                           transformative          sponsor's Asset
                           benefits in this        Management Plan, will
                           outcome area, that      repair or rebuild an
                           are well supported by   infrastructure asset
                           the evidence in the     so that will operate
                           application.            at a full level of
                                                   performance, and is
                                                   designed to
                                                   significantly reduce
                                                   future operation and
                                                   maintenance costs
                                                   throughout the asset
                                                   life, beyond the
                                                   costs saved from the
                                                   initial project
                                                   expenditure, and/or
                                                   that will
                                                   significantly
                                                   lengthen the standard
                                                   useful life of the
                                                   asset.
------------------------------------------------------------------------

    Criterion #3: Economic Impacts, Freight Movement, and Job Creation
    The Department will assess the degree to which the project
contributes to one or more of the following outcomes (1) improve system
operations to increase travel time reliability and manage travel demand
for goods movement, especially strengthening the resilience and
expanding the capacity of critical supply chain bottlenecks, to promote
economic security and improve 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 improve access, through reliable
and timely access, to employment centers and job opportunities; (4)
offer significant regional and national improvements in economic
strength by increasing the economic productivity of land, capital, or
labor, and improving the economic strength of regions and cities; (5)
enhance recreational and tourism opportunities by providing access to
Federal land, national parks, national forests, national recreation
areas, national wildlife refuges, 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; \21\ (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; (9) Support
integrated land use, economic development, and transportation planning
to improve the movement of people and goods and local fiscal health,
and 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.
---------------------------------------------------------------------------

    \21\ https://www.apprenticeship.gov/.

------------------------------------------------------------------------
                             Economic impacts,
          Score            freight movement, and          Example
                          job creation criterion
------------------------------------------------------------------------
0.......................  The project negatively  ......................
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example 1: The project
                           benefits in this        sponsor provides some
                           outcome area are        justification, but
                           plausible but minimal   with minimal
                           OR the project's        evidence, that the
                           claimed benefits in     project will help to
                           this area are not       positively impact
                           plausible.              regional economic
                                                   development in the
                                                   area or help to
                                                   offset job losses in
                                                   the area.
                                                  Example 2: The project
                                                   sponsor provides
                                                   minimal evidence that
                                                   the project will
                                                   create high quality
                                                   jobs with a free
                                                   choice to join a
                                                   union or the
                                                   incorporation of
                                                   strong labor standard
                                                   and practice, such as
                                                   project labor
                                                   agreements, use of
                                                   registered
                                                   apprenticeships or
                                                   other joint labor-
                                                   management training
                                                   programs, and the use
                                                   of an appropriately
                                                   credentialed
                                                   workforce.
2.......................  The project produces    Example 1: The project
                           nontrivial, positive    sponsor demonstrates
                           benefits in this        some or limited new
                           outcome area that are   short-term or long-
                           well supported by the   term job creation as
                           evidence in the         a result of the
                           application.            project and it is
                                                   documented by a
                                                   signed letter from a
                                                   business(es) stating
                                                   the amount of new
                                                   jobs to be created,
                                                   and how the project
                                                   is vital to the
                                                   creation of those
                                                   jobs.
                                                  Example 2: The project
                                                   opens additional new
                                                   tourism or
                                                   recreational access
                                                   and is aligned with a
                                                   plan that
                                                   demonstrates that
                                                   intention.
                                                  Example: 3: The
                                                   project sponsor
                                                   demonstrates some
                                                   evidence that the
                                                   project will create
                                                   high quality jobs
                                                   with a free choice to
                                                   join a union or the
                                                   incorporation of
                                                   strong labor standard
                                                   and practice, such as
                                                   project labor
                                                   agreements, use of
                                                   registered
                                                   apprenticeships or
                                                   other joint labor-
                                                   management training
                                                   programs, and the use
                                                   of an appropriately
                                                   credentialed
                                                   workforce.
3.......................  The project produces    Example 1: The project
                           significant,            sponsor demonstrates
                           transformative          that the project
                           benefits in this        addresses a national
                           outcome area, that      supply chain
                           are well supported by   bottleneck, the main
                           the evidence in the     goal of the project
                           application.            is to positively
                                                   impact that
                                                   bottleneck, and ample
                                                   evidence is provided
                                                   that shows
                                                   significant national
                                                   supply chain benefits
                                                   from the project.
                                                  Example 2: The project
                                                   sponsor demonstrates
                                                   significant creation
                                                   of good-paying jobs
                                                   with a free and fair
                                                   choice to join a
                                                   union and the
                                                   incorporation of
                                                   strong labor
                                                   standards and
                                                   practices, such as
                                                   project labor
                                                   agreements, use of
                                                   registered
                                                   apprenticeships or
                                                   other joint labor-
                                                   management training
                                                   programs, and the use
                                                   of an appropriately
                                                   credentialed
                                                   workforce. This can
                                                   be documented by a
                                                   signed letter for a
                                                   labor union, or
                                                   worker organization
                                                   that describes the
                                                   number and
                                                   characteristics of
                                                   high-quality jobs on
                                                   the project.
------------------------------------------------------------------------

Criterion #4: Climate Change, Resiliency, and the Environment
    The Department will consider the extent to which the project
incorporates 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 Department will evaluate 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
resilience of at-risk infrastructure to climate change and other
natural hazards, incorporate lower-carbon pavement and construction
materials, or address the disproportionate negative environmental
impacts of transportation on disadvantaged communities. DOT will
evaluate the extent which the project prevents stormwater runoff that
would be a detriment to aquatic species. The Department will also
consider whether the project will promote energy efficiency, support
fiscally responsible land use and transportation efficient design,
facilitate the production or preservation of location-efficient

affordable housing, incorporate electrification or zero emission
vehicle infrastructure, increase resiliency and recycle or redevelop
brownfield sites, particularly in communities that disproportionally
experience climate-change-related consequences. The Department will
consider whether projects in floodplains are upgraded consistent with
the Federal Flood Risk Management Standard, to the extent consistent
with current law, in Executive Order 14030 Climate-Related Financial
Risk (86 FR 27967,) and Executive Order 13690, Establishing a Federal
Flood Risk Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input (80 FR 6425.)
    The Department will assess whether the project has addressed
environmental sustainability, including but not limited to
consideration of the following examples:

    (1) The project results in greenhouse gas emissions reductions
relative to a no-action baseline;
    (2) A Local/Regional/State Climate Action Plan that results in
lower greenhouse gas emissions has been prepared and the project
directly supports that Climate Action Plan;
    (3) The regional transportation improvement program (TIP) or
statewide transportation improvement program (STIP) is based on
integrated land use and transportation planning and design that
increases low-carbon mode travel, reduction of greenhouse gases and
vehicle miles traveled or multimodal transportation choices and/or
incorporates electrification or zero emission vehicle
infrastructure.
    (4) The project sponsor has used environmental justice tools
such as the EJSCREEN to minimize adverse impacts to environmental
justice communities (https://ejscreen.epa.gov/mapper/);
    (5) A Local/Regional/State Energy Baseline Study has been
prepared and the project directly supports that study;
    (6) The project supports a modal shift in freight (e.g., from
highway to rail) or passenger movement (e.g., from driving to
transit, walking, and/or cycling) to reduce emissions. The project
utilizes demand management strategies to reduce congestion, induced
travel demand, and greenhouse gas emissions;
    (7) The project incorporates electrification infrastructure
(e.g., installation of electric vehicle charging stations, zero-
emission vehicle infrastructure, or both);
    (8) The project promotes energy efficiency;
    (9) The project serves the renewable energy supply chains;
    (10) The project improves disaster preparedness and resilience
to all hazards;
    (11) The project avoids adverse environmental impacts to air or
water quality, wetlands, and endangered species, such as through
reduction in Clean Air Act criteria pollutants and greenhouse gases,
improved stormwater management, or improved habitat connectivity;
    (12) The project repairs existing dilapidated or idle
infrastructure that is currently causing environmental harm (e.g.,
brownfield redevelopment);
    (13) The project supports or incorporates the construction of
energy- and location-efficient buildings, including residential or
mixed-use development; or
    (14) The project proposes recycling of materials, use of
materials known to reduce or reverse carbon emissions, or both.

------------------------------------------------------------------------
                              Climate change,
          Score             resiliency, and the           Example
                           environment criterion
------------------------------------------------------------------------
0.......................  The project negatively
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example: A Local/
                           benefits in this        Regional/State
                           outcome area are        Climate Action Plan
                           plausible but minimal   has been prepared but
                           OR the project's        it is difficult to
                           claimed benefits in     verify with the
                           this area are not       information provided
                           plausible.              how the actual
                                                   project would
                                                   directly positively
                                                   impact climate or
                                                   resiliency.
2.......................  The project produces    Example 1: The project
                           nontrivial, positive    demonstrates some
                           benefits in this        greenhouse gas
                           outcome area that are   emission reduction.
                           well supported by the  Example 2: The project
                           evidence in the         sponsor demonstrates
                           application.            that one of the goals
                                                   of the project is to
                                                   improve or enhance
                                                   resiliency of at-risk
                                                   infrastructure.
3.......................  The project produces    Example 1: The project
                           significant,            significantly reduces
                           transformative          transportation-
                           benefits in this        related air pollution
                           outcome area, that      and greenhouse gas
                           are well supported by   emissions from
                           the evidence in the     uncoordinated land-
                           application.            use decisions.
                                                  Example 2: The project
                                                   sponsor demonstrates
                                                   that the main goal of
                                                   the project is to
                                                   improve or enhance
                                                   resiliency of at-risk
                                                   infrastructure and
                                                   the sponsor has
                                                   provided ample
                                                   evidence of increased
                                                   climate impacts to
                                                   the project area.
                                                  Example 3: The project
                                                   incorporates
                                                   electrification or
                                                   zero emission vehicle
                                                   infrastructure.
------------------------------------------------------------------------

Criterion #5: Equity, Multimodal Options, and Quality of Life
    The Department will consider the extent to which the project
improves quality of life in rural areas or urbanized areas. This may
include projects that:

    (1) Increase affordable and accessible transportation choices
and equity for individuals, including disadvantaged communities;
    (2) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation centers;
    (3) reduce transportation and housing cost burdens, including
through public and private investments to support greater commercial
and mixed-income residential development near public transportation,
along rural main streets or in walkable neighborhoods;
    (4) increase the walkability and accessibility for pedestrians
and encourage thriving communities for individuals to work, live,
and play by creating transportation choices for individuals to move
freely with or without a car;
    (5) enhance the unique characteristics of the community;
    (6) proactively address equity \22\ or other disparities and
barriers to opportunity, through the planning process or through
incorporation of design elements;
---------------------------------------------------------------------------

    \22\ Definitions for ``equity'' and ``underserved communities''
are found in Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government,
Sections 2(a) and (b).
---------------------------------------------------------------------------

    (7) have engaged, or will engage, diverse people and communities
and demonstrate that equity considerations and community input and
ownership, particularly among disadvantaged communities, are
meaningfully integrated into planning, development, and
implementation of transportation investments. Competitive
applications should demonstrate strong collaboration and support
among a broad range of stakeholders, including community-based
organizations, other public or private entities, and labor unions;
or
    (8) support a Local/Regional/State Equitable Development Plan.
    The Department will consider the extent to which the project
benefits a historically disadvantaged community or population, or
areas of persistent poverty.
    (a) In this context, Areas 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 \23\ decennial census and the most recent
annual Small Area Income Poverty Estimates as estimated by the
Bureau of the census; \24\ (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; \25\ 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: (a) The 1990 decennial census; (b) the 2000 decennial
census; and (c) the 2020 Small Area Income Poverty Estimates. This
definition is the same as the definition used for the RAISE program.
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.
---------------------------------------------------------------------------

    \23\ See https://www.census.gov/data/tables/time-series/dec/census-poverty.html for county dataset.
    \24\ See https://www.census.gov/data/datasets/2020/demo/saipe/2020-state-and-county.html for December 2020 Small Area Income
Poverty Dataset.
    \25\ See https://data.census.gov/cedsci/table?q=ACSST1Y2018.S1701&tid=ACSST5Y2018.S1701&hidePreview=false
for 2014-2018 five year data series from the American Community
Survey.
---------------------------------------------------------------------------

    (b) Historically Disadvantaged Communities--The Department has
developed 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 Notice of Funding
Opportunity. Consistent with OMB's Interim Guidance for the
Justice40 Initiative,\26\ Historically Disadvantaged Communities
include (a) certain qualifying census tracts, (b) any Tribal land,
or (c) any territory or possession of the United States. This
definition is the same as the definition used for the RAISE program.
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.
---------------------------------------------------------------------------

    \26\ https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.
---------------------------------------------------------------------------

    The Department will assess whether the project proactively
addresses equity and barriers to opportunity, including but not limited
to the following examples:

    (1) An equity impact analysis has been completed for the
project;
    (2) The project sponsor has adopted an equity and inclusion
program/plan or has otherwise instituted equity-focused policies
related to project procurement, material sourcing, construction,
inspection, hiring, or other activities designed to ensure equity in
the overall project delivery and implementation;
    (3) The project includes comprehensive planning and policies to
promote hiring of underrepresented populations including local and
economic hiring preferences and investments in high-quality
workforce development programs with supportive services, including
labor-management programs, to help train, place, and retain people
in good-paying jobs or registered apprenticeship.
    (4) The project includes physical-barrier-mitigating land
bridges, caps, lids, linear parks, and multimodal mobility
investments that either redress past barriers to opportunity or that
proactively create new connections and opportunities for underserved
communities that are underserved by transportation;
    (5) The project includes new or improved walking and bicycling
infrastructure, reduces automobile dependence, and improves access
for people with disabilities and proactively incorporates Universal
Design; \27\
---------------------------------------------------------------------------

    \27\ ``Universal design'' is a concept in which products and
environments are designed to be usable by all people, to the
greatest extent possible, without the need for adaptation or
specialized design. For more information: https://www.section508.gov/develop/universal-design/.
---------------------------------------------------------------------------

    (6) The project includes new or improved freight access to
underserved communities to increase access to goods and job
opportunities for those underserved communities; or
    (7) The project addresses automobile dependence as a form of
barrier to opportunity.

    The Department will also consider the extent to which the project
benefits a Historically Disadvantaged Community or population, or Areas
of Persistent Poverty, as defined in Section C of this Notice.

------------------------------------------------------------------------
                            Equity, multimodal
          Score            options, and quality           Example
                             of life criterion
------------------------------------------------------------------------
0.......................  The project negatively
                           impacts this project
                           outcome area.
1.......................  The project's claimed   Example 1: The project
                           benefits in this        sponsor has developed
                           outcome area are        and published a
                           plausible but minimal   general equity policy
                           OR the project's        statement for their
                           claimed benefits in     agency but have not
                           this area are not       demonstrated any
                           plausible.              other equity
                                                   considerations for
                                                   the actual project.
                                                  Example 2: The project
                                                   sponsor has created
                                                   additional multimodal
                                                   access in conjunction
                                                   with the project, but
                                                   only as a minimum
                                                   project requirement,
                                                   and not as a result
                                                   of intentional
                                                   planning efforts.
2.......................  The project produces    Example: The project
                           nontrivial, positive    sponsor is supporting
                           benefits in this        workforce development
                           outcome area that are   programs, including
                           well supported by the   labor-management
                           evidence in the         programs, local hire
                           application.            provisions and
                                                   incorporating
                                                   workforce strategy
                                                   into project
                                                   development in a
                                                   manner that produces
                                                   non-trivial benefits.
3.......................  The project produces    Example: The project
                           significant,            sponsor includes new
                           transformative          and/or greatly
                           benefits in this        improved multimodal
                           outcome area, that      and transit access
                           are well supported by   across previously
                           the evidence in the     bifurcated
                           application.            disadvantaged
                                                   neighborhoods, and
                                                   demonstrates how
                                                   specifically the
                                                   disadvantaged
                                                   neighborhoods will be
                                                   positively impacted,
                                                   and how those
                                                   improvements were as
                                                   a result of
                                                   intentional planning
                                                   and public input.
------------------------------------------------------------------------

Criterion #6: Innovation Areas: Technology, Project Delivery, and
Financing
    Consistent with the Department's Innovation Principles \28\ to
support workers, to allow for experimentation and learn from failure,
to provide opportunities to collaborate, and to be flexible and adapt
as technology changes, the Department will assess the extent to which
the applicant uses innovative and secure-by-design strategies,
including: (1) Innovative technologies, (2) innovative project
delivery, or (3) innovative financing.
---------------------------------------------------------------------------

    \28\ https://www.transportation.gov/priorities/innovation/us-dot-innovation-principles.
---------------------------------------------------------------------------

    Innovative Technology: Consistent with the Department's Innovation
Principles, the Department will assess innovative and secure-by-design
technological approaches to transportation, particularly in relation to
automated, connected, and electric vehicles and the detection,
mitigation, and documentation of safety risks. When making grant award
decisions, the Department will consider any

innovative technological approaches proposed by the applicant,
particularly projects that incorporate innovative technological design
solutions, enhance the environment for connected, electric, and
automated vehicles, or use technology to improve the detection,
mitigation, and documentation of safety risks.
    Innovative technological approaches may include, but are not
limited to:
     Conflict detection and mitigation technologies (e.g.,
intersection alerts and signal prioritization);
     Dynamic signaling, smart traffic signals, or pricing
systems to reduce congestion;
     Traveler information systems, to include work zone data
exchanges;
     Signage and design features that facilitate autonomous or
semi-autonomous vehicle technologies;
     Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents);
     Vehicle-to-Everything (V2X) Technologies (e.g., technology
that facilitates passing of information between a vehicle and any
entity that may affect the vehicle);
     Vehicle-to-Infrastructure (V2I) Technologies (e.g.,
digital, physical, coordination, and other infrastructure technologies
and systems that allow vehicles to interact with transportation
infrastructure in ways that improve their mutual performance);
     Vehicle-to-Grid Technologies (e.g., technologies and
infrastructure that encourage electric vehicle charging, and broader
sustainability of the power grid);
     Cybersecurity elements to protect safety-critical systems;
     Broadband deployment and the installation of high-speed
networks concurrent with the transportation project construction;
     Technology at land and seaports of entry that reduces
congestion, wait times, and delays, while maintaining or enhancing the
integrity of our border;
     Work Zone data exchanges or related data exchanges; or
     Other Intelligent Transportation Systems (ITS) that
directly benefit the project's users or workers, such as a project to
develop, establish, or maintain an integrated mobility management
system, a transportation demand management system, or on-demand
mobility services.
    For innovative safety proposals, the Department will evaluate
safety benefits that those approaches could produce and the broader
applicability of the potential results. The Department will also assess
the extent to which the project uses innovative technology that
supports surface transportation to significantly enhance the
operational performance of the transportation system. Please note that
all innovative technology must be in compliance with 2 CFR 200.216.\29\
---------------------------------------------------------------------------

    \29\ https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216.
---------------------------------------------------------------------------

    Innovative Project Delivery: The Department will consider the
extent to which the project utilizes innovative practices in
contracting (such as public-private partnerships and single contractor
design-build arrangements), congestion management, asset management, or
long-term operations and maintenance.
    The Department also seeks projects that employ innovative
approaches to improve the efficiency and effectiveness of the
environmental permitting and review to accelerate project delivery and
achieve improved outcomes for communities and the environment. The
Department's objective is to achieve timely and consistent
environmental review and permit decisions. Participation in innovative
project delivery approaches will not remove any statutory requirements
affecting project delivery.
    Innovative Financing: The Department will assess the extent to
which the project incorporates innovations in transportation funding
and finance through both traditional and innovative means, including by
using private sector funding or financing or using congestion pricing
or other demand management strategies to address congestion. This
includes the use of non-traditional sources of transportation funding
to leverage traditional federal sources of funding to expand the
overall investment in transportation infrastructure.

------------------------------------------------------------------------
       Score           Innovation criterion             Example
------------------------------------------------------------------------
0.................  The project negatively
                     impacts this project
                     outcome area.
1.................  The project's claimed      Example: The project
                     benefits in this outcome   references the
                     area are plausible but     incorporation of
                     minimal OR the project's   innovative technologies
                     claimed benefits in this   but does not elaborate
                     area are not plausible.    on the benefits of those
                                                technologies or
                                                demonstrate how those
                                                technologies align with
                                                USDOT's innovation
                                                principles.
2.................  The project produces       Example 1: The project
                     nontrivial, positive       incorporates some or
                     benefits in this outcome   limited amount of
                     area that are well         materials or
                     supported by the           construction processes
                     evidence in the            that reduce greenhouse
                     application.               gas emissions.
                                               Example 2: The project
                                                incorporates innovative
                                                technology that advances
                                                USDOT innovation goals
                                                and employs innovative
                                                project delivery methods
                                                that will accelerate
                                                delivery and achieved
                                                improved outcomes.
3.................  The project produces       Example 1: The project
                     significant,               incorporates a
                     transformative benefits    significant amount of
                     in this outcome area,      materials or
                     that are well supported    construction processes
                     by the evidence in the     that reduce greenhouse
                     application.               gas emissions.
                                               Example 2: The project
                                                will generate
                                                significant benefits as
                                                a direct result of
                                                innovative technology,
                                                project delivery
                                                approaches, or
                                                innovative financing.
------------------------------------------------------------------------

iii. Economic Analysis Rating
    The Department will consider a project's benefits as compared to
its costs to determine whether a project is cost effective and assign
an economic analysis rating. To the extent possible, the Department
will rely on quantitative, evidence-based and data-supported analysis,
in this assessment. Based on the Department's assessment, the
Department will assign an economic analysis rating of high, medium-
high, medium, medium-low, or low according to the following table:

------------------------------------------------------------------------
                 Rating                            Description
------------------------------------------------------------------------
High...................................  The project's benefits will
                                          exceed its costs, with a
                                          benefit-cost ratio of at least
                                          1.5.
Medium-High............................  The project's benefits will
                                          exceed its costs.
Medium.................................  The project's benefits are
                                          likely to exceed its costs.
Medium-Low.............................  The project's costs are likely
                                          to exceed its benefits.
Low....................................  The project's costs will exceed
                                          its benefits.
------------------------------------------------------------------------

iv. Project Readiness Rating
    The Department will consider project readiness to assess the
likelihood of a successful project. In that project readiness analysis,
the Department will consider three evaluation ratings: Environmental
Risk, Technical Assessment, and Financial Completeness Assessment. The
application should contain a section that explicitly addresses
Environmental Risk, but the Technical Assessment and Financial
Completeness Assessment will be based on information contained
throughout the application.
    Environmental Risk assessment analyzes the project's environmental
approvals and likelihood of the necessary approval affecting project
obligation, and results in a rating of ``high risk,'' ``moderate
risk,'' or ``low risk.''
    The Technical Assessment will be reviewed for all eligible
applications and will assess the applicant's capacity to successfully
deliver the project in compliance with applicable Federal requirements
based on factors including the recipient's experience working with
Federal agencies, civil rights compliance (including compliance with
Title VI of the Civil Rights Act of 1964 and accompanying DOT
regulations, the Americans with Disability Act, and Section 504 of the
Rehabilitation Act), previous experience with Department discretionary
grant awards and the technical experience and resources dedicated to
the project. Technical Assessment ratings will be one of the following:
``certain,'' ``somewhat certain,'' ``uncertain,'' or ``unknown.'' Lack
of previous project delivery according to Federal requirements is not
sufficient justification for a rating of ``uncertain,'' but may result
in a rating of ``unknown.''
    The Financial Completeness Assessment reviews the availability of
matching funds and whether the applicant presented a complete funding
package, and will receive a rating of ``complete, ``partially
complete,'' or ``incomplete.'' For projects that receive a rating of
``complete'' and include funding estimates that are based on early
stages of design (e.g., less than 30 percent design) or outdated cost
estimates, without specified contingency, evaluators may add a comment
to note the potential for uncertainty in the estimated project costs.
All applicants should describe a plan to address potential cost
overruns.
    The Project Readiness Ratings described above will be translated to
a high, medium-high, medium, medium-low, or low rating, using the table
below:

----------------------------------------------------------------------------------------------------------------
              Rating                           1                          2                         3
----------------------------------------------------------------------------------------------------------------
Technical Assessment.............  Uncertain: The team is     Somewhat Certain/         Certain: The team is
                                    not confident in the       Unknown: The team is      confident in the
                                    applicant's capacity to    moderately confident in   applicant's capacity to
                                    deliver this project in    the applicant's           deliver the project in
                                    a manner that satisfies    capacity to deliver the   a manner that satisfies
                                    Federal requirements.      project in a manner       Federal requirements.
                                                               that satisfies Federal
                                                               requirements.
Financial Completeness...........  Incomplete Funding: The    Partially Complete/       Complete, Stable and
                                    project lacks full         Appear Stable and         Committed: The
                                    funding, or one or more    Highly Likely to be       Project's Federal and
                                    Federal or non-Federal     Available: Project        non-Federal sources are
                                    match sources are still    funding is not fully      fully committed--and
                                    uncertain as to whether    committed but appears     there is demonstrated
                                    they will be secured in    highly likely to be       funding available to
                                    time to meet the           secured in time to meet   cover contingency/cost
                                    project's construction     the project's             increases.
                                    schedule.                  construction schedule.
Environmental Review and           High Risk: The project     Moderate Risk: The        Low Risk: The Project
 Permitting Risk.                   has not completed or       project has not           has completed NEPA or
                                    begun NEPA and there are   completed NEPA or         it is highly likely
                                    known environmental or     secured necessary         that they will be able
                                    litigation concerns        Federal permits, and it   to complete NEPA and
                                    associated with the        is uncertain whether      other environmental
                                    project.                   they will be able to      reviews in the time
                                                               complete NEPA or secure   necessary to meet their
                                                               necessary Federal         project schedule.
                                                               permits in the time
                                                               necessary to meet their
                                                               project schedule.
----------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------
                  Score                                Rating
------------------------------------------------------------------------
All 3's..................................  High.
Two 3's, one 2...........................  Medium-High.
One 3, two 2's...........................  Medium.
All 2's..................................  Medium-Low.
Any 1's..................................  Low.
------------------------------------------------------------------------

v. Additional Considerations
a. Geographic Diversity
    By statute, when selecting MPDG projects, the Department must
consider contributions to geographic diversity among recipients,
including the need for a balance between the needs of rural and urban
communities. The Department will consider whether the project is
located in an Area of Persistent Poverty or a Historically
Disadvantaged Community, as defined in Section C of this Notice.
    The Department will also consider whether the project is located in
the Department or Federally designated area such as a qualified
opportunity zone, Empowerment Zone, Promise Zone, or Choice
Neighborhood. Applicants can find additional information about each of
the designated zones at the sites below:

 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)
 Choice Neighborhoods: (https://www.hud.gov/program_offices/public_indian_housing/programs/ph/cn)

    A project located in a Federally designated community development
zone is more competitive than a similar project that is not located in
a Federally designated community development zone. The Department will
rely on applicant-supplied information to make

this determination and will only consider this if the applicant
expressly identifies the designation in their application.
b. Evaluation of Project Requirements
    The following describes how the Department will evaluate the
statutory Project requirements for the MPDG opportunity.
    1. The project will generate (or for Mega, ``is likely to
generate'') national or regional economic, mobility, or safety benefits
(applicable for Mega, INFRA, and Rural).
    A project meets this determination if the Project Outcome Analysis
documents national or regional economic, mobility, or safety benefits.
    2. The project will be cost effective (applicable for Mega, INFRA,
and Rural).
    The Department's determination will be based on its estimate of the
project's benefits and costs: A project is determined to be cost
effective if the Department estimates that the project's benefits will
or are likely to exceed its costs.
    3. The project will contribute to the accomplishment of one or more
of the goals described in 23 U.S.C. 150 (applicable for INFRA and
Rural).
    A project meets this requirement if the Project Outcome Analysis
documents benefits related to one of the following:

    National Goals.--It is in the interest of the United States to
focus the Federal-aid highway program on the following national
goals:
    (1) Safety.--To achieve a significant reduction in traffic
fatalities and serious injuries on all public roads.
    (2) Infrastructure condition.--To maintain the highway
infrastructure asset system in a state of good repair.
    (3) Congestion reduction.--To achieve a significant reduction in
congestion on the National Highway System.
    (4) System reliability.--To improve the efficiency of the
surface transportation system.
    (5) Freight movement and economic vitality.--To improve the
national freight network, strengthen the ability of rural
communities to access national and international trade markets, and
support regional economic development.
    (6) Environmental sustainability.--To enhance the performance of
the transportation system while protecting and enhancing the natural
environment.
    (7) Reduced project delivery delays.--To reduce project costs,
promote jobs and the economy, and expedite the movement of people
and goods by accelerating project completion through eliminating
delays in the project development and delivery process, including
reducing regulatory burdens and improving agencies' work practices.

    4. The project is based on the results of preliminary engineering
(applicable for INFRA and Rural).
    A project meets this requirement if the application provides
evidence that at least one of the following activities has been
completed at the time of application submission: Environmental
assessments, topographic surveys, metes and bounds surveys,
geotechnical investigations, hydrologic analysis, hydraulic analysis,
utility engineering, traffic studies, financial plans, revenue
estimates, hazardous materials assessments, general estimates of the
types and quantities of materials, or other work needed to establish
parameters for the final design.
    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
(applicable for Mega and INFRA).
    A project meets this requirement if the application demonstrates
that financing sources are dedicated to the proposed project and are
highly likely to be available within the proposed project schedule, and
if it provides evidence of contingency funding in the project budget.
    6. The project cannot be easily and efficiently completed without
other Federal funding or financial assistance available to the project
sponsor (applicable to INFRA) --or-- The project is in significant need
of Federal funding (applicable to Mega).
    A project meets this requirement if the application demonstrates
one or more of the following:

    (1) The project scope would be negatively affected if MPDG or
other Federal funds were not received.
    (2) The project schedule would be negatively affected if MPDG or
other Federal funds were not received.
    (3) The project cost would materially increase if MPDG or other
Federal funds were not received.

    7. The project is reasonably expected to begin construction no
later than 18 months after the date of obligation of funds for the
project (applicable to INFRA and Rural).
    A project meets this requirement if the proposed project schedule
and the evaluation of the project readiness evaluation team indicate
that it is reasonably expected to begin construction not later than 18
months after obligation.
    8. The applicant has, or will have, sufficient legal, financial,
and technical capacity to carry out the project (applicable to Mega).
    A project meets this requirement if the EMO team determines, based
on the assessment of project readiness evaluation teams, that the
applicant has sufficient legal, financial, and technical capacity to
carry out the project, as described in Section E.
    9. Small INFRA Projects (applicable to Small INFRA projects).
    For Small INFRA projects 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. The Department
will consider a small INFRA project's cost effectiveness based on the
results of the benefit-cost analysis submitted with the application.
The Department will consider the effect of the proposed project on
mobility as part of the Economic Impacts and Equity Project Outcome
Areas. The Department will consider the effect on safety on freight
corridors with significant hazards as part of the Climate, Safety, and
Economic Impact Project Outcome areas.
vi. Previous Awards
    The Department may consider whether the project has previously
received an award from the RAISE, INFRA, or other departmental
discretionary grant programs.

2. Review and Selection Process

    Section E addresses the statutory requirement that the Department
describe the methodology that will be used to determine if projects
satisfy statutory project requirements, how they will be rated
according to selection criteria and considerations, and how those
criteria and considerations will be used to assign an overall rating.
    The MPDG evaluation process consists of a Analysis Phase and Senior
Review Phase. In the Analysis Phase, teams will, for each project,
determine whether the project satisfies statutory requirements and rate
how well it addresses the selection criteria using the rating system
described in section E.1. If an applicant opts out of a specific
program, then the Department will not consider whether the proposed
project meets that program's requirements.
    The Senior Review Team will consider the applications and the
technical evaluations, assign an overall

rating according to the methodology described above. Once every project
has been assigned an overall rating for each program, The SRT will
review if the list of Highly Recommended projects under each program is
sufficient to satisfy program set-asides and geographic diversity
requirements. If not, `Recommended' projects may be added to each
program's proposed list of Projects for Consideration until each
program's list can satisfy necessary program set asides and geographic
diversity requirements. The SRT can add a Recommended project only if
that project directly addresses an identified insufficiency related to
the program set-asides, geographic diversity requirements, or to ensure
there are sufficient projects to distribute all available funds, and
the SRT treats all similarly situated Recommended projects the same.
    For each program, the SRT will present the list of Projects for
Consideration to the Secretary, either collectively or through a
representative. The SRT may advise the Secretary on any project on the
list of Projects for Consideration, including options for reduced
awards, but the Secretary makes final project selections. The Secretary
must prioritize selections from among the projects assigned a ``Highly
Recommended'' Rating. The Secretary's selections identify the
applications that best address program requirements and are most worthy
of funding.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk
assessment as required by 2 CFR 200.206. The Department must review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
An applicant may review information in FAPIIS and comment on any
information about itself that a Federal awarding agency previously
entered. The Department will consider comments by the applicant, in
addition to the other information in FAPIIS, in making a judgment about
the applicant's integrity, business ethics, and record of performance
under Federal awards when completing the review of risk posed by
applicants.

F. Federal Award Administration Information

1. Federal Award Notices

    Following the evaluation outlined in Section E, the Secretary will
announce awarded projects by posting a list of selected projects at
https://www.transportation.gov/grants/mpdg-announcement. Following the
announcement, the Department will contact the point of contact listed
in the SF 424 to initiate negotiation of a project-specific agreement.

2. Administrative and National Policy Requirements

i. Safety Requirements
    The Department will require MPDG projects to meet two general
requirements related to safety. First, MPDG projects must be part of a
thoughtful, data-driven approach to safety. Each State maintains a
strategic highway safety plan.\30\ MPDG projects will be required to
incorporate appropriate elements that respond to priority areas
identified in that plan and are likely to yield safety benefits.
Second, MPDG projects will incorporate appropriate safety-related
activities that the Federal Highway Administration (FHWA) has
identified as ``proven safety countermeasures'' due to their history of
demonstrated effectiveness.\31\
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    \30\ Information on State-specific strategic highway safety
plans is available at https://safety.fhwa.dot.gov/shsp/other_resources.cfm.
    \31\ Information on FHWA proven safety countermeasures is
available at: https://safety.fhwa.dot.gov/provencountermeasures/.
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    After selecting MPDG recipients, the Department will work with
those recipients on a project-by-project basis to determine the
specific safety requirements that are appropriate for each award.
ii. Program Requirements
(a) Climate Change and Environmental Justice Impact Consideration
    Each applicant selected for MPDG grant funding must demonstrate
effort to consider climate change and environmental justice impacts as
described in Section A. 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, consistent with Executive Order
14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).\32\
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    \32\ An illustrative example of how these requirements are
applied to recipients can be found here: https://cms.buildamerica.dot.gov/buildamerica/financing/infra-grants/infra-fy21-fhwa-general-terms-and-conditions.
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(b) Equity and Barriers to Opportunity
    Each applicant selected for MPDG grant funding must demonstrate
effort to improve equity and reduce barriers to opportunity as
described in Section A. 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, consistent with Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government (86 FR 7009).\33\
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    \33\ An illustrative example of how these requirements are
applied to recipients can be found here: https://cms.buildamerica.dot.gov/buildamerica/financing/infra-grants/infra-fy21-fhwa-general-terms-and-conditions.
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(c) Labor and Work
    Each applicant selected for MPDG grant funding must demonstrate, to
the full extent possible consistent with the law, an effort to create
good-paying jobs with the free and fair choice to join a union and
incorporation of high labor standards as described in Section A. To the
extent that applicants have not sufficiently considered job quality and
labor rights in their planning, as determined by the Department of
Labor, the applicants will be required to do so before receiving funds
for construction, consistent with Executive Order 14025, Worker
Organizing and Empowerment (86 FR 22829), and Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act (86 FR
64335).
    As expressed in section A, equal employment opportunity is an
important priority. The Department wants to ensure that project
sponsors have the support they need to meet requirements under E.O.
11246, Equal Employment Opportunity (30 FR 12319, and as amended). All
federally assisted contractors are required to make good faith efforts
to meet the goals of 6.9% of construction project hours being performed
by women and goals that vary based on geography for construction work
hours and for work being performed by people of color.\34\ The U.S.
Department of Labor's Office of Federal Contract Compliance Programs
(OFCCP) has a Mega Construction Project Program through which it
engages with project sponsors as early as the design phase to help
promote compliance with non-discrimination and affirmative action
obligations. Through the program, OFCCP offers contractors and
subcontractors extensive compliance assistance, conducts compliance
evaluations, and helps to build partnerships between the project
sponsor, prime contractor, subcontractors, and relevant stakeholders.
OFCCP will identify

projects that receive an award under this notice and are required to
participate in OFCCP's Mega Construction Project Program from a wide
range of federally assisted projects over which OFCCP has jurisdiction
and that have a project cost above $35 million. DOT will require
project sponsors with costs above $35 million that receive awards under
this funding opportunity to partner with OFCCP, if selected by OFCCP,
as a condition of their DOT award. Under that partnership, OFCCP will
ask these project sponsors to make clear to prime contractors in the
pre-bid phase that project sponsor's award terms will require their
participation in the Mega Construction Project Program. Additional
information on how OFCCP makes their selections for participation in
the Mega Construction Project Program is outlined under ``Scheduling''
on the Department of Labor website: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.
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    \34\ https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf.
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(d) Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats. Each applicant selected for MPDG grant funding must
demonstrate, prior to the signing of the grant agreement, effort to
consider and address physical and cyber security risks relevant to the
transportation mode and type and scale of the project. Projects that
have not appropriately considered and addressed physical and cyber
security and resilience in their planning, design, and project
oversight, as determined by the Department and the Department of
Homeland Security, will be required to do so before receiving funds for
construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Memorandum on Improving Cybersecurity for
Critical Infrastructure Control Systems.
iii. Other Administrative and Policy Requirements
    All awards will be administered pursuant to the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards found in 2 CFR part 200, as adopted by the Department at
2 CFR part 1201. INFRA and Rural grant funds are made available under
title 23 of the United States Code and generally subject to the
requirements of that title. Consistent with 23 U.S.C. 117(l) and
173(o), for freight projects awarded INFRA grant funds and all projects
award Rural grant funds, the project will be treated as if it is
located on a Federal-aid highway. The Department will also treat non-
Freight projects eligible for INFRA funding under 23 U.S.C.
117(c)(l)(A)(iv-vii) as though they are federal-aid highway projects
for the purposes of applying federal requirements. For projects awarded
Mega grant funds, the project will be treated in relation to project's
modal nature: The requirements of title 23 shall apply to a highway,
road or bridge project; the requirements of chapter 53 of title 49 of
the United States Code shall apply to a transit project; the
requirements of 49 U.S.C. 22905 shall apply to a rail project or
component; and, the requirements of 49 U.S.C. 5333 shall apply to any
public transportation component of a project. Additionally, as
permitted under the requirements described above, applicable Federal
laws, rules, and regulations of the relevant operating administration
administering the project will apply to the projects that receive MPDG
grants, including planning requirements, Stakeholder Agreements, and
other requirements under the Department's other highway, transit, rail,
and port grant programs.
    As expressed in Executive Order 14005, Ensuring the Future Is Made
in All of America by All of America's Workers (86 FR 7475), it is the
policy of the executive branch to maximize, consistent with law, the
use of goods, products, and materials produced in, and services offered
in, the United States. The Mega, INFRA, and Rural programs are
infrastructure programs subject to the Build America, Buy America Act
(Pub. L. No 117-58, div. G Sec. Sec.  70901-70927). All INFRA and Rural
projects are subject to the Buy America requirement at 23 U.S.C. 313,
as are Mega projects administered by the Federal Highway
Administration. Mega projects administered by other OAs will be subject
to the Buy America regime applicable to that OA. The Department expects
all recipients to be able to complete their project without needing a
waiver. However, to obtain a waiver, a recipient must be prepared to
demonstrate how they will maximize the use of domestic goods, products,
and materials in constructing their project.
    The applicability of Federal requirements to a project may be
affected by the scope of the NEPA reviews for that project. For
example, under 23 U.S.C. 313(g), Buy America requirements apply to all
contracts that are eligible for assistance under title 23, United
States Code, and are carried out within the scope of the NEPA finding,
determination, or decision regardless of the funding source of such
contracts if at least one contract is funded with Title 23 funds. As
another example, Americans with Disabilities Act (ADA) regulations
apply to all projects funded under this Notice.
    Recipients of Federal transportation funding will be required to
comply fully with the ADA, Title VI of the Civil Rights Act of 1964,
and all other civil rights requirements. The Department's and the
applicable Operating Administrations' Office of Civil Rights may work
with awarded projects to ensure full compliance with Federal civil
rights requirements.
    In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, recipients of funds
must comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; the
conditions of performance, nondiscrimination requirements, and other
assurances made applicable to the award of funds in accordance with
regulations of the Department of Transportation; and applicable Federal
financial assistance and contracting principles promulgated by the
Office of Management and Budget. In complying with these requirements,
recipients, in particular, must ensure that no concession agreements
are denied or other contracting decisions made on the basis of speech
or other activities protected by the First Amendment. If the Department
determines that a recipient has failed to comply with applicable
Federal requirements, the Department may terminate the award of funds
and disallow previously incurred costs, requiring the recipient to
reimburse any expended award funds.
    MPDG projects involving vehicle acquisition must involve only
vehicles that comply with applicable Federal Motor Vehicle Safety
Standards and Federal Motor Vehicle Safety Regulations, or vehicles
that are exempt from Federal Motor Carrier Safety Standards or Federal
Motor Carrier Safety Regulations in a manner that allows for the legal
acquisition and deployment of the vehicle or vehicles.

3. Reporting

i. Progress Reporting on Grant Activity
    Each applicant selected for an MPDG opportunity grant must submit
the Federal Financial Report (SF-425) on the financial condition of the
project and the project's progress, as well as an Annual Budget Review
and Program Plan to monitor the use of Federal funds and ensure
accountability and financial

transparency in the MPDG opportunity. In addition, Mega grant
recipients will be required to submit a data collection baseline and a
Project Outcomes report, as described in Section C.5.i.(c).
ii. Reporting of Matters Related to Integrity and Performance
    If the total value of a selected applicant's currently active
grants, cooperative agreements, and procurement contracts from all
Federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this Federal award, then the
applicant during that period of time must maintain the currency of
information reported SAM that is made available in the designated
integrity and performance system (currently the Federal Awardee
Performance and Integrity Information System (FAPIIS)) about civil,
criminal, or administrative proceedings described in paragraph 2 of
this award term and condition. This is a statutory requirement under
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted
in the designated integrity and performance system on or after April
15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.
iii. Program Evaluation
    As a condition of grant award, grant recipients may be required to
participate in an evaluation undertaken by DOT or another agency or
partner. The evaluation may take different forms such as an
implementation assessment across grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grant
recipients, or a benefit/cost analysis or assessment of return on
investment. We may require applicants to collect data elements to aid
the evaluation. As a part of the evaluation, as a condition of award,
grant recipients must agree to: (1) Make records available to the
evaluation contractor; (2) provide access to program records, and any
other relevant documents to calculate costs and benefits; (3) in the
case of an impact analysis, facilitate the access to relevant
information as requested; and (4) follow evaluation procedures as
specified by the evaluation contractor or DOT staff.
    Recipients and subrecipients are also encouraged to incorporate
program evaluation including associated data collection activities from
the outset of their program design and implementation to meaningfully
document and measure their progress towards meeting an agency priority
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act
of 2018 (Evidence Act), Public Law 115-435 (2019) urges federal
awarding agencies and federal assistance recipients and subrecipients
to use program evaluation as a critical tool to learn, to improve
equitable delivery, and to elevate program service and delivery across
the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency.'' Evidence Act Sec.  101 (codified at 5 U.S.C. 311).
Credible program evaluation activities are implemented with relevance
and utility, rigor, independence and objectivity, transparency, and
ethics (OMB Circular A-11, Part 6 Section 290).
    For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation. (2 CFR part 200).

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the
Office of the Secretary via email at [email protected]. In addition, up
to the application deadline, the 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. To ensure applicants receive accurate information about
eligibility or the program, the applicant is encouraged to contact the
Department directly, rather than through intermediaries or third
parties, with questions. Department staff may also conduct briefings on
the MPDG Transportation grant selection and award process upon request.

H. Other Information

1. Protection of Confidential Business Information

    All information submitted as part of, or in support of, any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) Note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
    The Department protects such information from disclosure to the
extent allowed under applicable law. In the event the Department
receives a Freedom of Information Act (FOIA) request for the
information, the Department will follow the procedures described in its
FOIA regulations at 49 CFR 7.17. Only information that is ultimately
determined to be confidential under that procedure will be exempt from
disclosure under FOIA.

2. Publication of Application Information

    Following the completion of the selection process and announcement
of awards, the Department intends to publish a list of all applications
received along with the names of the applicant organizations and
funding amounts. Except for the information properly marked as
described in Section H, the Department may make application narratives
publicly available or share application information within the
Department or with other Federal agencies if the Department determines
that sharing is relevant to the respective program's objectives.
    As required by statute the Department will also publish the overall
rating for each project seeking Mega Project funds.

3. Department Feedback on Applications

    The Department strives to provide as much information as possible
to assist applicants with the application process. The Department will
not review applications in advance, but Department staff are available
for technical questions and assistance. To efficiently use Department
resources, the Department will prioritize interactions with applicants
who have not already received a debrief on their FY 2021 INFRA
application. Program staff will address questions to [email protected]
throughout the application period.

4. Prohibition on Use of Funds To Support or Oppose Union Organizing

    MPDG funds may not be used to support or oppose union organizing,
whether directly or as an offset for other funds.

5. MPDG Extra, Eligibility and Designation

    The MPDG Extra initiative is aimed at encouraging sponsors with
competitive projects that do not receive an MPDG

award to consider applying for TIFIA credit assistance.
    Projects for which a MPDG application receives a Highly Recommended
rating, as described in Section E, but that are not awarded, are
automatically designated MPDG Extra Projects, unless the Department
determines that they are not reasonably likely to satisfy the TIFIA
project type (23 U.S.C. 601(a)(12)) and project size (23 U.S.C.
602(a)(5)) eligibilities. This designation provides the sponsors of
these projects the opportunity to apply for TIFIA credit assistance for
up to 49% of eligible project costs. Under current policy, TIFIA credit
assistance is limited to 33% of eligible project costs unless the
applicant provides strong rationale for requiring additional
assistance.
    Projects designated as MPDG Extra Projects will be announced by the
Secretary after MPDG award announcements are made.
    For further information about the TIFIA program in general,
including details about the types of credit assistance available,
eligibility requirements and the creditworthiness review process,
please refer to the Build America Bureau Credit Programs Guide,
available on the Build America Bureau website: https://www.transportation.gov/buildamerica/financing/program-guide.
    Disclaimer: A MPDG Extra Project designation does not guarantee
that an applicant will receive TIFIA credit assistance, nor does it
guarantee that any award of TIFIA credit assistance will be equal to
49% of eligible project costs. Receipt of TIFIA credit assistance is
contingent on the applicant's ability to satisfy applicable
creditworthiness standards and other Federal requirements.

    Issued in Washington, DC, on March 22, 2022.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2022-06350 Filed 3-24-22; 8:45 am]
BILLING CODE 4910-9X-P