83_FR_18733 83 FR 18651 - Notice of Funding Opportunity for the Department of Transportation's National Infrastructure Investments Under the Consolidated Appropriations Act, 2018

83 FR 18651 - Notice of Funding Opportunity for the Department of Transportation's National Infrastructure Investments Under the Consolidated Appropriations Act, 2018

DEPARTMENT OF TRANSPORTATION

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range18651-18661
FR Document2018-08906

The Consolidated Appropriations Act, 2018 (Pub. L. 115-141, March 23, 2018) (``FY 2018 Appropriations Act'' or the ``Act'') appropriated $1.5 billion to be awarded by the Department of Transportation (``DOT'' or the ``Department'') for National Infrastructure Investments. This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ``Recovery Act''). This program was previously known as the Transportation Investment Generating Economic Recovery, or ``TIGER Discretionary Grants,'' program and is now known as the Better Utilizing Investments to Leverage Development, or ``BUILD Transportation Discretionary Grants,'' program. Funds for the FY 2018 BUILD Transportation program are to be awarded on a competitive basis for projects that will have a significant local or regional impact. The purpose of this Final Notice is to solicit applications for BUILD Transportation Discretionary Grants.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18651-18661]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08906]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation


Notice of Funding Opportunity for the Department of 
Transportation's National Infrastructure Investments Under the 
Consolidated Appropriations Act, 2018

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: The Consolidated Appropriations Act, 2018 (Pub. L. 115-141, 
March 23, 2018) (``FY 2018 Appropriations Act'' or the ``Act'') 
appropriated $1.5 billion to be awarded by the Department of 
Transportation (``DOT'' or the ``Department'') for National 
Infrastructure Investments. This appropriation stems from the program 
funded and implemented pursuant to the American Recovery and 
Reinvestment Act of 2009 (the ``Recovery Act''). This program was 
previously known as the Transportation Investment Generating Economic 
Recovery, or ``TIGER Discretionary Grants,'' program and is now known 
as the Better Utilizing Investments to Leverage Development, or ``BUILD 
Transportation Discretionary Grants,'' program. Funds for the FY 2018 
BUILD Transportation program are to be awarded on a competitive basis 
for projects that will have a significant local or regional impact. The 
purpose of this Final Notice is to solicit applications for BUILD 
Transportation Discretionary Grants.

DATES: Applications must be submitted by 8:00 p.m. E.D.T. on July 18, 
2018.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the BUILD Transportation program staff via 
email at [email protected], or call Howard Hill at 202-366-0301. A 
TDD is available for individuals who are deaf or hard of hearing at 
202-366-3993. In addition, DOT will regularly post answers to questions 
and requests for clarifications as well as information about webinars 
for further guidance on DOT's website at www.transportation.gov/BUILDgrants.

SUPPLEMENTARY INFORMATION: Many of the selection criteria of BUILD 
Transportation grants overlap with previous rounds of National 
Infrastructure Investments discretionary grants, though the program is 
refocused on infrastructure investment that will make a positive impact 
throughout the country. The FY 2018 BUILD Transportation program will 
continue to give special consideration to projects located in rural 
areas. For this round of BUILD Transportation Discretionary Grants, the 
maximum grant award is $25 million, and no more than $150 million can 
be awarded to a single State, as specified in the FY 2018 
Appropriations Act. Each section of this notice contains information 
and instructions relevant to the application process for these BUILD 
Transportation Discretionary Grants, and all applicants should read 
this notice in its entirety so that they have the information they need 
to submit eligible and competitive applications.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

    The Consolidated Appropriations Act, 2018 (Pub. L. 115-141, March 
23, 2018) (``FY 2018 Appropriations Act'' or the ``Act'') appropriated 
$1.5 billion to be awarded by the Department of Transportation (``DOT'' 
or the ``Department'') for National Infrastructure Investments. Since 
this program was first created, $5.6 billion has been awarded for 
capital investments in surface transportation infrastructure over nine 
rounds of competitive grants. Throughout the program, these 
discretionary grant awards have supported projects that have a 
significant local or regional impact.
    The Department is committed to addressing the unmet transportation 
infrastructure needs of rural areas. Rural America is home to many of 
the nation's most critical transportation infrastructure assets, 
including 444,000 bridges, 2.98 million miles of roadways, and 30,500 
miles of Interstate highways. More than 55 percent of all public road 
miles are locally-owned rural roads. While only 19 percent of the 
nation's population lives in rural areas, 49 percent of all traffic 
fatalities occur on rural roads (2015). In addition, Americans living 
in rural areas and on Tribal lands continue to disproportionately lack 
access to basic broadband service. The Department believes that 
underinvestment in rural transportation systems has allowed a slow and 
steady decline in the transportation routes that connect rural

[[Page 18652]]

American communities to each other and to the rest of the county. New 
investment is necessary to grow rural economies, facilitate freight 
movement, improve access to reliable and affordable transportation 
options and enhance health access and safety for residents. To address 
these rural transportation infrastructure needs, DOT intends to award a 
greater share of BUILD Transportation Discretionary Grant funding to 
projects located in rural areas that align well with the selection 
criteria than to such projects in urban areas.

B. Federal Award Information

1. Amount Available

    The FY 2018 Appropriations Act appropriated $1.5 billion to be 
awarded by DOT for the BUILD Transportation program. The FY 2018 BUILD 
Transportation Discretionary Grants are for capital investments in 
surface transportation infrastructure and are to be awarded on a 
competitive basis for projects that will have a significant local or 
regional impact. Additionally, the Act allows for up to $15 million (of 
the $1.5 billion) to be awarded as grants for the planning, preparation 
or design of eligible projects. DOT is referring to any such awarded 
projects as BUILD Transportation Planning Grants. The FY 2018 
Appropriations Act also allows DOT to retain up to $25 million of the 
$1.5 billion for award, oversight and administration of grants and 
credit assistance made under the BUILD Transportation program. If this 
solicitation does not result in the award and obligation of all 
available funds, DOT may publish additional solicitations.
    The FY 2018 Appropriations Act allows up to 20 percent of available 
funds (or $300 million) to be used by the Department to pay the subsidy 
and administrative costs for a project receiving credit assistance 
under the Transportation Infrastructure Finance and Innovation Act of 
1998 (``TIFIA'') program, if that use of the FY 2018 BUILD funds would 
further the purposes of the BUILD Transportation program.

2. Award Size

    The FY 2018 Appropriations Act specifies that BUILD Transportation 
Discretionary Grants may not be less than $5 million and not greater 
than $25 million, except that for projects located in rural areas (as 
defined in Section C.3.ii.) the minimum BUILD Transportation 
Discretionary Grant size is $1 million. There is no statutory minimum 
grant size, regardless of location, for BUILD Transportation Planning 
grants.

3. Restrictions on Funding

    Pursuant to the FY 2018 Appropriations Act, no more than 10 percent 
of the funds made available for BUILD Transportation Discretionary 
Grants (or $150 million) may be awarded to projects in a single State. 
The Act also directs that not less than 30 percent of the funds 
provided for BUILD Transportation Discretionary Grants (or $450 
million) shall be used for projects located in rural areas. Further, 
DOT must take measures to ensure an equitable geographic distribution 
of grant funds, an appropriate balance in addressing the needs of urban 
and rural areas, and investment in a variety of transportation modes.

4. Availability of Funds

    The FY 2018 Appropriations Act requires that FY 2018 BUILD 
Transportation Discretionary Grants funds are only available for 
obligation through September 30, 2020. Obligation occurs when a 
selected applicant and DOT enter into a written grant agreement after 
the applicant has satisfied applicable administrative requirements, 
including transportation planning and environmental review 
requirements. All FY 2018 BUILD funds must be expended (the grant 
obligation must be liquidated or actually paid out to the grantee) by 
September 30, 2025. After this date, unliquidated funds are no longer 
available to the project. As part of the review and selection process 
described in Section E.2., DOT will consider whether a project is ready 
to proceed with an obligation of grant funds from DOT within the 
statutory time provided. No waiver is possible for these deadlines.

5. Previous TIGER Awards

    Recipients of TIGER Discretionary Grants may apply for funding to 
support additional phases of a project awarded funds in the TIGER 
program. However, to be competitive, the applicant should demonstrate 
the extent to which the previously funded project phase has been able 
to meet estimated project schedules and budget, as well as the ability 
to realize the benefits expected for the project.

C. Eligibility Information

    To be selected for a BUILD Transportation Discretionary Grant, an 
applicant must be an Eligible Applicant and the project must be an 
Eligible Project.

1. Eligible Applicants

    Eligible Applicants for BUILD Transportation Discretionary Grants 
are State, local, and tribal governments, including U.S. territories, 
transit agencies, port authorities, metropolitan planning organizations 
(MPOs), and other political subdivisions of State or local governments.
    Multiple States or jurisdictions may submit a joint application and 
must identify a lead applicant as the primary point of contact, and 
also identify the primary recipient of the award. Each applicant in a 
joint application must be an Eligible Applicant. Joint applications 
must include a description of the roles and responsibilities of each 
applicant and must be signed by each applicant.

2. Cost Sharing or Matching

    Per the FY 2018 Appropriations Act, BUILD Transportation 
Discretionary Grants may be used for up to 80 percent of a project 
located in an urban area \1\ and the Secretary may increase the Federal 
share of costs above 80 percent for a project located in a rural area. 
Urban area and rural area are defined in Section C.3.ii of this notice.
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    \1\ To meet match requirements, the minimum total project cost 
for a project located in an urban area must be $6.25 million.
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    For a project located in an urban area, the Federal share of the 
costs for which an expenditure is made under a BUILD Transportation 
grant may not exceed 80 percent. Non-Federal sources include State 
funds originating from programs funded by State revenue, local funds 
originating from State or local revenue-funded programs, or private 
funds. Toll credits under 23 U.S.C. 120(i) are considered a non-Federal 
source. Unless otherwise authorized by statute, State or local cost-
share may not be counted as the non-Federal share for both the BUILD 
Transportation grant and another Federal grant program. The Department 
will not consider previously-incurred costs or previously-expended or 
encumbered funds towards the matching requirement for any project. 
Matching funds are subject to the same Federal requirements described 
in Section F.2. as awarded funds.

3. Other

i. Eligible Projects
    Eligible projects for BUILD Transportation Discretionary Grants are 
capital projects that include, but are not limited to: (1) Highway, 
bridge, or other road projects eligible under title 23, United States 
Code; (2) public transportation projects eligible under chapter 53 of 
title 49, United States

[[Page 18653]]

Code; (3) passenger and freight rail transportation projects; (4) port 
infrastructure investments (including inland port infrastructure and 
land ports of entry); and (5) intermodal projects.\2\ The FY 2018 
Appropriations Act allows up to $15 million for the planning, 
preparation or design of projects eligible for BUILD Transportation 
funding. Activities eligible for funding under BUILD Transportation 
Planning Grants are related to the planning, preparation, or design--
including environmental analysis, feasibility studies, and other pre-
construction activities--of surface transportation projects. Research, 
demonstration, or pilot projects are eligible only if they will result 
in long-term, permanent surface transportation infrastructure that has 
independent utility as defined in Section C.3.iii. Applicants are 
strongly encouraged to submit applications only for eligible award 
amounts.
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    \2\ Please note that the Department may use a BUILD 
Transportation Discretionary Grant to pay for the surface 
transportation components of a broader project that has non-surface 
transportation components, and applicants are encouraged to apply 
for BUILD Transportation Discretionary Grants to pay for the surface 
transportation components of these projects.
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ii. Rural/Urban Definition
    For purposes of this notice, DOT defines ``rural area'' as an area 
outside an Urbanized Area \3\ (UA) as designated by the U.S. Census 
Bureau. In this notice, an ``urban area'' is defined as an area inside 
a UA as designated by the U.S. Census Bureau.\4\
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    \3\ Updated lists of UAs as defined by the Census Bureau are 
available on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
    \4\ See www.transportation.gov/BUILDgrants for a list of UAs.
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    The Department will consider a project to be in a rural area if the 
majority of the project (determined by geographic location(s) where the 
majority of the money is to be spent) is located in a rural area. Costs 
incurred on an Urbanized Area border, including an intersection with an 
Urbanized Area, will be considered urban for the purposes of the FY 
2018 BUILD Transportation Program. Rural and urban definitions differ 
in some other DOT programs, including TIFIA and the Nationally 
Significant Freight and Highway Projects Program (FAST Act Sec.  1105; 
23 U.S.C. 117).
    This definition affects three aspects of the program. The FY 2018 
Appropriations Act directs that (1) not less than $450 million of the 
funds provided for BUILD Transportation Discretionary grants are to be 
used for projects in rural areas; (2) for a project in a rural area the 
minimum award is $1 million; and (3) the Secretary may increase the 
Federal share above 80 percent to pay for the costs of a project in a 
rural area.
iii. Project Components
    An application may describe a project that contains more than one 
component, and may describe components that may be carried out by 
parties other than the applicant. DOT may award funds for a component, 
instead of the larger project, if that component (1) independently 
meets minimum award amounts described in Section B and all eligibility 
requirements described in Section C; (2) independently aligns well with 
the selection criteria specified in Section E; and (3) meets National 
Environmental Policy Act (NEPA) requirements with respect to 
independent utility. Independent utility means that the component will 
represent a transportation improvement that is usable and represents a 
reasonable expenditure of DOT funds even if no other improvements are 
made in the area, and will be ready for intended use upon completion of 
that component's construction. All project components that are 
presented together in a single application must demonstrate a 
relationship or connection between them. (See Section D.2.iv. for 
Required Approvals).
    Applicants should be aware that, depending upon the relationship 
between project components and applicable Federal law, DOT funding of 
only some project components may make other project components subject 
to Federal requirements as described in Section F.2.
    DOT strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested BUILD Transportation funding for 
those components. If the application identifies one or more independent 
project components, the application should clearly identify how each 
independent component addresses selection criteria and produces 
benefits on its own, in addition to describing how the full proposal of 
which the independent component is a part addresses selection criteria.
iv. Application Limit
    Each lead applicant may submit no more than three applications. 
Unrelated project components should not be bundled in a single 
application for the purpose of adhering to the limit. If a lead 
applicant submits more than three applications as the lead applicant, 
only the first three received will be considered.
v. Program of Projects
    Applicants that demonstrate the ability to generate additional non-
Federal revenue for transportation infrastructure investment as 
described in Section E.1.i.h. of this notice may apply for multiple 
projects, exceeding the three application limit, that collectively 
constitute a ``program of projects''. A program of projects consists of 
independent projects that address the same transportation challenge and 
whose combined benefits, including funding efficiency, are greater than 
if the projects are completed individually. For a program of projects, 
applicants must submit an application for each project within the 
program and describe how each project constitutes a program. Each 
project application within a program of projects must meet eligibility 
criteria described in Section C of this notice, demonstrate independent 
utility, and individually address the merit criteria within this 
notice. DOT will evaluate each application within a program of projects 
in the same manner in which it evaluates individual project 
applications. Each project within a program of projects is subject to 
the $25 million award maximum and total awards cannot exceed $150 
million per State. Only applicants that generate additional non-Federal 
revenue as described in Section E.1.i.h. may submit applications 
exceeding the three application limit for consideration as a program of 
projects, and only one program of projects may be submitted by each 
eligible applicant.

D. Application and Submission Information

1. Address

    Applications must be submitted to Grants.gov. Instructions for 
submitting applications can be found at www.transportation.gov/BUILDgrants along with specific instructions for the forms and 
attachments required for submission.

2. Content and Form of Application Submission

    The application must include the Standard Form 424 (Application for 
Federal Assistance), Standard Form 424C (Budget Information for 
Construction Programs), cover page, and the Project Narrative. More 
detailed information about the Project Narrative follows. Applicants 
should also complete and attach to their application the ``BUILD 2018 
Project Information''

[[Page 18654]]

form available at www.transportation.gov/BUILDgrants.
    The Department recommends that the project narrative follow the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

I. Project Description........  See D.2.i.
II. Project Location..........  See D.2.ii.
III. Grant Funds, Sources and   See D.2.iii.
 Uses of all Project Funding.
IV. Merit Criteria............  See D.2.iv.(1).
V. Project Readiness..........  See D.2.iv.(2) and E.1.ii.
 

    The project narrative should include the information necessary for 
the Department to determine that the project satisfies project 
requirements described in Sections B and C and to assess the selection 
criteria specified in Section E.1. To the extent practicable, 
applicants should provide supporting data and documentation in a form 
that is directly verifiable by the Department. The Department may ask 
any applicant to supplement data in its application, but expects 
applications to be complete upon submission.
    In addition to a detailed statement of work, detailed project 
schedule, and detailed project budget, the project narrative should 
include a table of contents, maps and graphics, as appropriate, to make 
the information easier to review. The Department recommends that the 
project narrative be prepared with standard formatting preferences (a 
single-spaced document, using a standard 12-point font such as Times 
New Roman, with 1-inch margins). The project narrative may not exceed 
30 pages in length, excluding cover pages and table of contents. The 
only substantive portions that may exceed the 30-page limit are 
documents supporting assertions or conclusions made in the 30-page 
project narrative. If possible, website links to supporting 
documentation should be provided rather than copies of these supporting 
materials. If supporting documents are submitted, applicants should 
clearly identify within the project narrative the relevant portion of 
the project narrative that each supporting document supports. At the 
applicant's discretion, relevant materials provided previously to an 
operating administration in support of a different DOT financial 
assistance program may be referenced and described as unchanged. The 
Department recommends using appropriately descriptive file names (e.g., 
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding and 
Letters of Support,'' etc.) for all attachments. DOT recommends 
applications include the following sections:
i. Project Description
    The first section of the application should provide a concise 
description of the project, the transportation challenges that it is 
intended to address, and how it will address those challenges. This 
section should discuss the project's history, including a description 
of any previously completed components. The applicant may use this 
section to place the project into a broader context of other 
transportation infrastructure investments being pursued by the project 
sponsor, and, if applicable, how it will benefit communities in rural 
areas.
ii. Project Location
    This section of the application should describe the project 
location, including a detailed geographical description of the proposed 
project, a map of the project's location and connections to existing 
transportation infrastructure, and geospatial data describing the 
project location. If the project is located within the boundary of a 
Census-designated UA, the application should identify the UA.
iii. Grant Funds, Sources and Uses of Project Funds
    This section of the application should describe the project's 
budget. This budget should not include any previously incurred 
expenses. At a minimum, it should include:
    (A) Project costs;
    (B) For all funds to be used for eligible project costs, the source 
and amount of those funds;
    (C) For non-Federal funds to be used for eligible project costs, 
documentation of funding commitments should be referenced here and 
included as an appendix to the application;
    (D) For Federal funds to be used for eligible project costs, the 
amount, nature, and source of any required non-Federal match for those 
funds;
    (E) A budget showing how each source of funds will be spent. The 
budget should show how each funding source will share in each major 
construction activity, and present that data in dollars and 
percentages. Funding sources should be grouped into three categories: 
non-Federal; BUILD; and other Federal. If the project contains 
individual components, the budget should separate the costs of each 
project component. If the project will be completed in phases, the 
budget should separate the costs of each phase. The budget detail 
should sufficiently demonstrate that the project satisfies the 
statutory cost-sharing requirements described in Section C.2;
    In addition to the information enumerated above, this section 
should provide complete information on how all project funds may be 
used. For example, if a particular source of funds is available only 
after a condition is satisfied, the application should identify that 
condition and describe the applicant's control over whether it is 
satisfied. Similarly, if a particular source of funds is available for 
expenditure only during a fixed time period, the application should 
describe that restriction. Complete information about project funds 
will ensure that the Department's expectations for award execution 
align with any funding restrictions unrelated to the Department, even 
if an award differs from the applicant's request.
iv. Criteria
    This section of the application should demonstrate how the project 
aligns with the Criteria described in Section E.1 of this notice. The 
Department encourages applicants to either address each criterion or 
expressly state that the project does not address the criterion. 
Applicants are not required to follow a specific format, but the 
outline suggested below, which addresses each criterion separately, 
promotes a clear discussion that assists project evaluators. To 
minimize redundant information in the application, the Department 
encourages applicants to cross-reference from this section of their 
application to relevant substantive information in other sections of 
the application. The guidance in this section is about how the 
applicant should organize their application. Guidance describing how 
the Department will evaluate projects against the Merit Criteria is in 
Section E.1 of this notice. Applicants also should review that section 
before

[[Page 18655]]

considering how to organize their application.
(1) Merit Criteria
(a) Safety
    This section of the application should describe the anticipated 
outcomes of the project that support the Safety criterion (described in 
Section E.1.i.(a) of this notice). The applicant should include 
information on, and to the extent possible, quantify, how the project 
would improve safety outcomes within the project area or wider 
transportation network, to include how the project will reduce the 
number, rate, and consequences of transportation-related accidents, 
serious injuries, and fatalities among transportation users, or how the 
project will eliminate unsafe grade crossings or contribute to 
preventing unintended releases of hazardous materials.
(b) State of Good Repair
    This section of the application should describe how the project 
will contribute to a state of good repair by improving the condition or 
resilience of existing transportation facilities and systems (described 
in Section E.1.i.(b) of this notice), including the project's current 
condition and how the proposed project will improve it, and any 
estimation of impacts on long-term cost structures or impacts on 
overall life-cycle costs. If the project will contribute to a state of 
good repair of transportation infrastructure that supports border 
security, the applicant should describe how.
(c) Economic Competitiveness
    This section of the application should describe how the project 
will support the Economic Competitiveness criterion (described in 
Section E.1.i.(c) of this notice). The applicant should include 
information about expected impacts of the project on the movement of 
goods and people, including how the project increases the efficiency of 
movement and thereby reduces costs of doing business, improves local 
and regional freight connectivity to the national and global economy, 
reduces burdens of commuting, and improves overall well-being. The 
applicant should describe the extent to which the project contributes 
to the functioning and growth of the economy, including the extent to 
which the project addresses congestion or freight connectivity, bridges 
service gaps in rural areas, or promotes the expansion of private 
economic development.
(d) Environmental Protection
    This section of the application should describe how the project 
addresses the environmental protection criterion (described in Section 
E.1.i.(d) of this notice). Applicants are encouraged to provide 
quantitative information, including baseline information that 
demonstrates how the project will reduce energy consumption, stormwater 
runoff, or achieve other benefits for the environment such as 
brownfield redevelopment.
(e) Quality of Life
    This section should describe how the project increases 
transportation choices for individuals, expands access to essential 
services for people in communities across the United States, improves 
connectivity for citizens to jobs, health care, and other critical 
destinations, particularly for rural communities, or otherwise 
addresses the quality of life criterion (described in Section E.1.i.(e) 
of this notice). If construction of the transportation project will 
allow concurrent installation of fiber or other broadband deployment as 
an essential service, the applicant should describe those activities 
and how they support quality of life. Unless the concurrent activities 
support transportation, they will not be eligible for reimbursement.
(f) Innovation
    This section of the application should describe innovative 
strategies used and the anticipated benefits of using those strategies, 
including those corresponding to three categories (described in Section 
E.1.i.(f) of this notice): (i) Innovative Technologies, (ii) Innovative 
Project Delivery, or (iii) Innovative Financing.
(i) Innovative Technologies
    If an applicant is proposing to adopt innovative safety approaches 
or technology, the application should demonstrate the applicant's 
capacity to implement those innovations, the applicant's understanding 
of whether the innovations will require extraordinary permitting, 
approvals, or other procedural actions, and the effects of those 
innovations on the project delivery timeline.
(ii) Innovative Project Delivery
    If an applicant plans to use innovative approaches to project 
delivery, applicants should describe those project delivery methods and 
how they are expected to improve the efficiency of the project 
development or expedite project delivery.
    If an applicant is proposing to use SEP-14 or SEP-15 (as described 
in section E.1.i.(f) of this notice) the applicant should describe that 
proposal. The applicant should also provide sufficient information for 
evaluators to confirm that the applicant's proposal would meet the 
requirements of the specific experimental authority program.\5\
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    \5\ SEP-14 information is available at https://www.fhwa.dot.gov/programadmin/contracts/sep_a.cfm. SEP-15 information is available at 
https://www.fhwa.dot.gov/ipd/p3/tools_programs/sep15_procedures.aspx.
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(iii) Innovative Financing
    If an applicant plans to incorporate innovative funding or 
financing, the applicant should describe the funding or financing 
approach, including a description of all activities undertaken to 
pursue private funding or financing for the project and the outcomes of 
those activities.
(g) Partnership
    This section of the application should include information to 
assess the partnership criterion (described in Section E.1.i.(g) of 
this notice) including a list of all project parties and details about 
the proposed grant recipient and other public and private parties who 
are involved in delivering the project. This section should also 
describe efforts to collaborate among stakeholders, including with the 
private sector.
(h) Non-Federal Revenue for Transportation Infrastructure Investment
    If an applicant generates additional non-Federal revenue (as 
described in Section E.1.i.(h) of this notice), this section should 
provide evidence of newly secured and committed revenue for 
transportation infrastructure investments and identify the source of 
the revenue. If new revenue for transportation infrastructure 
investments has not already been secured, the applicant should explain 
necessary steps to securing revenue and provide a timeline of key 
milestones leading to its commitment. To ensure new revenue does not 
supplant existing sources, applications should provide estimates of 
future revenue levels absent and, separately, with the new revenue. If 
applicable, this section should describe any fiscal or legal 
constraints that affect the applicant's ability to generate non-Federal 
revenue.
(2) Project Readiness
    This section of the application should include information that, 
when considered with the project budget information presented elsewhere 
in the application, is sufficient for the Department to evaluate 
whether the project is reasonably expected to begin

[[Page 18656]]

construction in a timely manner. To assist the Department's project 
readiness assessment, the applicant should provide the information 
requested on technical feasibility, project schedule, project 
approvals, and project risks, each of which is described in greater 
detail in the following sections. Applicants are not required to follow 
the specific format described here, but this organization, which 
addresses each relevant aspect of project readiness, promotes a clear 
discussion that assists project evaluators. To minimize redundant 
information in the application, the Department encourages applicants to 
cross-reference from this section of their application to relevant 
substantive information in other sections of the application.
    The guidance here is about what information applicants should 
provide and how the applicant should organize their application. 
Guidance describing how the Department will evaluate a project's 
readiness is described in Section E.1.ii of this notice. Applicants 
also should review that section when considering how to organize their 
application.
(a) Technical Feasibility
    The applicant should demonstrate the technical feasibility of the 
project with engineering and design studies and activities; the 
development of design criteria and/or a basis of design; the basis for 
the cost estimate presented in the BUILD application, including the 
identification of contingency levels appropriate to its level of 
design; and any scope, schedule, and budget risk-mitigation measures. 
Applicants should include a detailed statement of work that focuses on 
the technical and engineering aspects of the project and describes in 
detail the project to be constructed.
(b) Project Schedule
    The applicant should include a detailed project schedule that 
identifies all major project milestones. Examples of such milestones 
include State and local planning approvals (programming on the 
Statewide Transportation Improvement Program); start and completion of 
NEPA and other Federal environmental reviews and approvals including 
permitting; design completion; right of way acquisition; approval of 
plans, specifications and estimates; procurement; State and local 
approvals; project partnership and implementation agreements, including 
agreements with railroads; and construction. The project schedule 
should be sufficiently detailed to demonstrate that:
    (1) All necessary activities will be complete to allow BUILD 
Transportation funds to be obligated sufficiently in advance of the 
statutory deadline (September 30, 2020 for FY 2018 funds), and that any 
unexpected delays will not put the funds at risk of expiring before 
they are obligated;
    (2) the project can begin construction quickly upon obligation of 
BUILD Transportation funds, and that the grant funds will be spent 
expeditiously once construction starts, with all BUILD Transportation 
funds expended by September 30, 2025; and
    (3) all real property and right-of-way acquisition will be 
completed in a timely manner in accordance with 49 CFR part 24, 23 CFR 
part 710, and other applicable legal requirements or a statement that 
no acquisition is necessary.
(c) Required Approvals
    (1) Environmental Permits and Reviews. The application should 
demonstrate receipt (or reasonably anticipated receipt) of all 
environmental approvals and permits necessary for the project to 
proceed to construction on the timeline specified in the project 
schedule and necessary to meet the statutory obligation deadline, 
including satisfaction of all Federal, State and local requirements and 
completion of the NEPA process. Specifically, the application should 
include:
    (a) Information about the NEPA status of the project. If the NEPA 
process is complete, an applicant should indicate the date of 
completion, and provide a website link or other reference to the final 
Categorical Exclusion, Finding of No Significant Impact, Record of 
Decision, and any other NEPA documents prepared. If the NEPA process is 
underway, but not complete, the application should detail the type of 
NEPA review underway, where the project is in the process, and indicate 
the anticipated date of completion of all milestones and of the final 
NEPA determination. If the last agency action with respect to NEPA 
documents occurred more than three years before the application date, 
the applicant should describe why the project has been delayed and 
include a proposed approach for verifying and, if necessary, updating 
this material in accordance with applicable NEPA requirements.
    (b) Information on reviews, approvals, and permits by other 
agencies. An application should indicate whether the proposed project 
requires reviews or approval actions by other agencies,\6\ indicate the 
status of such actions, and provide detailed information about the 
status of those reviews or approvals and should demonstrate compliance 
with any other applicable Federal, State or local requirements, and 
when such approvals are expected. Applicants should provide a website 
link or other reference to copies of any reviews, approvals, and 
permits prepared.
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    \6\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.
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    (c) Environmental studies or other documents, preferably through a 
website link, that describe in detail known project impacts, and 
possible mitigation for those impacts.
    (d) A description of discussions with the appropriate DOT operating 
administration field or headquarters office regarding the project's 
compliance with NEPA and other applicable Federal environmental reviews 
and approvals.
    (e) A description of public engagement about the project that has 
occurred, including details on the degree to which public comments and 
commitments have been integrated into project development and design.
    (2) State and Local Approvals. The applicant should demonstrate 
receipt of State and local approvals on which the project depends, such 
as State and local environmental and planning approvals and Statewide 
Transportation Improvement Program (STIP) or (Transportation 
Improvement Program) TIP funding. Additional support from relevant 
State and local officials is not required; however, an applicant should 
demonstrate that the project has broad public support.
    (3) Federal Transportation Requirements Affecting State and Local 
Planning. The planning requirements applicable to the relevant 
operating administration apply to all BUILD Transportation projects,\7\ 
including

[[Page 18657]]

intermodal projects located at airport facilities.\8\ Applicants should 
demonstrate that a project that is required to be included in the 
relevant State, metropolitan, and local planning documents has been or 
will be included in such documents. If the project is not included in a 
relevant planning document at the time the application is submitted, 
the applicant should submit a statement from the appropriate planning 
agency that actions are underway to include the project in the relevant 
planning document.
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    \7\ Under 23 U.S.C. 134 and Sec.  135, all projects requiring an 
action by FHWA must be in the applicable plan and programming 
documents (e.g., metropolitan transportation plan, transportation 
improvement program (TIP) and statewide transportation improvement 
program (STIP)). Further, in air quality non-attainment and 
maintenance areas, all regionally significant projects, regardless 
of the funding source, must be included in the conforming 
metropolitan transportation plan and TIP. Inclusion in the STIP is 
required under certain circumstances. To the extent a project is 
required to be on a metropolitan transportation plan, TIP, and/or 
STIP, it will not receive a BUILD Transportation grant until it is 
included in such plans. Projects not currently included in these 
plans can be amended by the State and MPO. Projects that are not 
required to be in long range transportation plans, STIPs, and TIPs 
will not need to be included in such plans in order to receive a 
BUILD Transportation grant. Port, freight rail, and intermodal 
projects are not required to be on the State Rail Plans called for 
in the Passenger Rail Investment and Improvement Act of 2008, or in 
a State Freight Plan as described in the FAST Act. However, 
applicants seeking funding for freight projects are encouraged to 
demonstrate that they have done sufficient planning to ensure that 
projects fit into a prioritized list of capital needs and are 
consistent with long-range goals. Means of demonstrating this 
consistency would include whether the project is in a TIP or a State 
Freight Plan that conforms to the requirements Section 70202 of 
Title 49 prior to the start of construction. Port planning 
guidelines are available at StrongPorts.gov.
    \8\ Projects at grant obligated airports must be compatible with 
the FAA-approved Airport Layout Plan, as well as aeronautical 
surfaces associated with the landing and takeoff of aircraft at the 
airport. Additionally, projects at an airport: Must comply with 
established Sponsor Grant Assurances, including (but not limited to) 
requirements for non-exclusive use facilities, consultation with 
users, consistency with local plans including development of the 
area surrounding the airport, and consideration of the interest of 
nearby communities, among others; and must not adversely affect the 
continued and unhindered access of passengers to the terminal.
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    To the extent possible, freight projects should be included in a 
State Freight Plan and supported by a State Freight Advisory Committee 
(49 U.S.C. 70201, 70202), if these exist. Applicants should provide 
links or other documentation supporting this consideration.
    Because projects have different schedules, the construction start 
date for each BUILD Transportation grant must be specified in the 
project-specific agreements signed by relevant operating administration 
and the grant recipients, based on critical path items that applicants 
identify in the application and will be consistent with relevant State 
and local plans.
(d) Assessment of Project Risks and Mitigation Strategies
    Project risks, such as procurement delays, environmental 
uncertainties, increases in real estate acquisition costs, uncommitted 
local match, or lack of legislative approval, affect the likelihood of 
successful project start and completion. The applicant should identify 
all material risks to the project and the strategies that the lead 
applicant and any project partners have undertaken or will undertake in 
order to mitigate those risks. The applicant should assess the greatest 
risks to the project and identify how the project parties will mitigate 
those risks.
    To the extent it is unfamiliar with the Federal program, the 
applicant should contact the appropriate DOT operating administration 
field or headquarters offices, as found in contact information at 
www.transportation.gov/BUILDgrants, for information on the pre-
requisite steps to obligate Federal funds in order to ensure that their 
project schedule is reasonable and that there are no risks of delays in 
satisfying Federal requirements.
    BUILD Transportation Planning Grant applicants should describe 
their capacity to successfully implement the proposed activities in a 
timely manner.
(3) Benefit Cost Analysis
    This section describes the recommended approach for the completion 
and submission of a benefit-cost analysis (BCA) as an appendix to the 
Project Narrative. The results of the analysis should be summarized in 
the Project Narrative directly, as described in Section D.2.
    Applicants should delineate each of their project's expected 
outcomes in the form of a complete BCA to enable the Department to 
evaluate the project's cost-effectiveness by estimating a benefit-cost 
ratio and calculating the magnitude of net benefits and costs for the 
project. In support of each project for which an applicant seeks 
funding, that applicant should submit a BCA that quantifies the 
expected benefits of the project against a no-build baseline, provides 
monetary estimates of the benefits' economic value, and compares the 
properly-discounted present values of these benefits to the project's 
estimated costs.
    The primary economic benefits from projects eligible for BUILD 
Transportation Grants are likely to include savings in travel time 
costs, vehicle operating costs, and safety costs for both existing 
users of the improved facility and new users who may be attracted to it 
as a result of the project. Reduced damages from vehicle emissions and 
savings in maintenance costs to public agencies may also be quantified. 
Applicants may describe other categories of benefits in the BCA that 
are more difficult to quantify and value in economic terms, such as 
improving the reliability of travel times or improvements to the 
existing human and natural environments (such as increased 
connectivity, improved public health, storm water runoff mitigation, 
and noise reduction), while also providing numerical estimates of the 
magnitude and timing of each of these additional impacts wherever 
possible. Any benefits claimed for the project, both quantified and 
unquantified, should be clearly tied to the expected outcomes of the 
project.
    The BCA should include the full costs of developing, constructing, 
operating, and maintaining the proposed project, as well as the 
expected timing or schedule for costs in each of these categories. The 
BCA may also consider the present discounted value of any remaining 
service life of the asset at the end of the analysis period. The costs 
and benefits that are compared in the BCA should also cover the same 
project scope.
    The BCA should carefully document the assumptions and methodology 
used to produce the analysis, including a description of the baseline, 
the sources of data used to project the outcomes of the project, and 
the values of key input parameters. Applicants should provide all 
relevant files used for their BCA, including any spreadsheet files and 
technical memos describing the analysis (whether created in-house or by 
a contractor). The spreadsheets and technical memos should present the 
calculations in sufficient detail and transparency to allow the 
analysis to be reproduced by DOT evaluators. Detailed guidance for 
estimating some types of quantitative benefits and costs, together with 
recommended economic values for converting them to dollar terms and 
discounting to their present values, are available in the Department's 
guidance for conducting BCAs for projects seeking funding under the 
BUILD Transportation program (see www.transportation.gov/BUILDgrants/additional-guidance).

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 a BUILD 
Transportation 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 a BUILD Transportation grant, the 
Department may determine that the applicant is not qualified to receive 
a BUILD Transportation grant and use that determination as a basis for 
making

[[Page 18658]]

a BUILD Transportation grant to another applicant.

4. Submission Dates and Times

i. Deadline
    Applications must be submitted by 8:00 p.m. E.D.T. on July 18, 
2018. The Grants.gov ``Apply'' function will open by June 3, 2018.
    To submit an application through Grants.gov, applicants must:
    (1) Obtain a Data Universal Numbering System (DUNS) number;
    (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 respond to the registration email from Grants.gov and 
login at Grants.gov to authorize the applicant as the Authorized 
Organization Representative (AOR). Please note that there can be more 
than one AOR for an 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, Monday-Friday from 7:00 a.m. to 
9:00 p.m. EST.
ii. Consideration of Applications
    Only applicants who comply with all submission deadlines described 
in this notice and electronically submit valid applications through 
Grants.gov will be eligible for award. Applicants are strongly 
encouraged to make submissions in advance of the deadline.
iii. Late Applications
    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 DUNS number associated with the application; and
    (6) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its website; (3) failure to follow all instructions 
in this notice of funding opportunity; and (4) technical issues 
experienced with the applicant's computer or information technology 
environment. After the Department reviews all information submitted and 
contact the Grants.gov Help Desk to validate reported technical issues, 
DOT 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

    This section specifies the criteria that DOT will use to evaluate 
and award applications for BUILD Transportation Discretionary Grants. 
The criteria incorporate the statutory eligibility requirements for 
this program, which are specified in this notice as relevant. Projects 
will also be evaluated for demonstrated project readiness and benefits 
and costs.
i. Merit Criteria
    Applications that do not demonstrate a likelihood of significant 
long-term benefits based on these criteria will not proceed in the 
evaluation process. DOT does not consider any merit criterion more 
important than the others. BUILD Transportation Planning Grant 
applications will be evaluated against the same criteria as capital 
grant applications. While the FY 2018 Appropriations Act allows funding 
solely for pre-construction activities, the Department will prioritize 
FY 2018 BUILD Transportation funding for projects which demonstrate the 
ability to move into the construction phase within the period of 
obligation. The selection criteria, which will receive equal 
consideration, are:
(a) Safety
    The Department will assess the project's ability to foster a safe 
transportation system for the movement of goods and people. The 
Department will consider the projected impacts on the number, rate, and 
consequences of crashes, fatalities and injuries among transportation 
users; the project's contribution to the elimination of highway/rail 
grade crossings, or the project's contribution to preventing unintended 
releases of hazardous materials.
(b) State of Good Repair
    The Department will assess whether and to what extent: (1) The 
project is consistent with relevant plans to maintain transportation 
facilities or systems in a state of good repair and address current and 
projected vulnerabilities; (2) if left unimproved, the poor condition 
of the asset will threaten future transportation network efficiency, 
mobility of goods or accessibility and mobility of people, or economic 
growth; (3) the project is appropriately capitalized up front and uses 
asset management approaches that optimize its long-term cost structure; 
(4) a sustainable source of revenue is available for operations and 
maintenance of the project and the project will reduce overall life-
cycle costs; (5) maintain or improve transportation infrastructure that 
supports border security functions; and (6) the project includes a plan 
to maintain the transportation infrastructure in a state of good 
repair. The Department will prioritize projects that ensure the good 
condition of transportation infrastructure, including rural 
transportation infrastructure, that support commerce and economic 
growth.
(c) Economic Competitiveness
    The Department will assess whether the project will (1) decrease 
transportation costs and improve access, especially for rural 
communities, through reliable and timely access to employment centers 
and job opportunities; (2) improve long-term efficiency, reliability or 
costs in the movement of workers or goods; (3) increase the economic 
productivity of land, capital, or labor; (4) result in long-term job 
creation and other economic opportunities; or (5) help the United 
States compete in a global economy by facilitating efficient and 
reliable freight movement.
    Projects that address congestion in major urban areas, particularly 
those that do so through the use of congestion

[[Page 18659]]

pricing or the deployment of advanced technology, projects that bridge 
gaps in service in rural areas, and projects that attract private 
economic development, all support local or regional economic 
competitiveness.
(d) Environmental Protection
    The Department will consider the extent to which the project 
improves energy efficiency, reduces dependence on oil, reduces 
congestion-related emissions, improves water quality, avoids and 
mitigates environmental impacts and otherwise benefits the environment, 
including through alternative right of way uses demonstrating 
innovative ways to improve or streamline environmental reviews while 
maintaining the same outcomes. The Department will assess the project's 
ability to: (i) Reduce energy use and air or water pollution through 
congestion mitigation strategies; (ii) avoid adverse environmental 
impacts to air or water quality, wetlands, and endangered species; or 
(iii) provide environmental benefits, such as brownfield redevelopment, 
ground water recharge in areas of water scarcity, wetlands creation or 
improved habitat connectivity, and stormwater mitigation.
(e) Quality of Life
    The Department will consider the extent to which the project: (i) 
Increases transportation choices for individuals to provide more 
freedom on transportation decisions; (ii) expands access to essential 
services for communities across the United States, particularly for 
rural communities; and (iii) improves connectivity for citizens to 
jobs, health care, and other critical destinations, particularly for 
rural communities. Americans living in rural areas and on Tribal lands 
continue to disproportionately lack access and connectivity, and the 
Department will consider whether and the extent to which the 
construction of the transportation project will allow concurrent 
installation of fiber or other broadband deployment as an essential 
service.
(f) Innovation
    The Department will assess the extent to which the applicant uses 
innovative strategies, including: (i) Innovative technologies, (ii) 
innovative project delivery, or (iii) innovative financing.
(i) Innovative Technologies
    DOT will assess innovative approaches to transportation safety, 
particularly in relation to automated vehicles and the detection, 
mitigation, and documentation of safety risks. When making BUILD 
Transportation award decisions, the Department will consider any 
innovative safety approaches proposed by the applicant, particularly 
projects which incorporate innovative design solutions, enhance the 
environment for automated vehicles, or use technology to improve the 
detection, mitigation, and documentation of safety risks. Innovative 
safety approaches may include, but are not limited to:
     Conflict detection and mitigation technologies (e.g., 
intersection alerts and signal prioritization);
     Dynamic signaling or pricing systems to reduce congestion;
     Signage and design features that facilitate autonomous or 
semi-autonomous vehicle technologies;
     Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents); 
and
     Cybersecurity elements to protect safety-critical systems.
    For innovative safety proposals, the Department will evaluate 
safety benefits that those approaches could produce and the broader 
applicability of the potential results. DOT 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.
    Innovative technologies include: broadband deployment and the 
installation of high-speed networks concurrent with the project 
construction; connecting Intelligent Transportation System (ITS) 
infrastructure; and providing direct fiber connections that support 
surface transportation to public and private entities, which can 
provide a platform and catalyst for growth of rural communities. The 
Department will consider whether and the extent to which the 
construction of the transportation project will allow concurrent 
broadband deployment and the installation of high-speed networks.
(ii) Innovative Project Delivery
    DOT will consider the extent to which the project utilizes 
innovative practices in contracting, 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. While BUILD Transportation award recipients 
are not required to employ innovative approaches, the Department 
encourages BUILD Transportation applicants to describe innovative 
project delivery methods for proposed projects.
    Additionally, DOT is interested in projects that apply innovative 
strategies to improve the efficiency of project development or expedite 
project delivery by using FHWA's Special Experimental Project No. 14 
(SEP-14) and Special Experimental Project No. 15 (SEP-15). Under SEP-14 
and SEP-15, FHWA may waive statutory and regulatory requirements under 
title 23 on a project-by-project basis to explore innovative processes 
that could be adopted through legislation. This experimental authority 
is available to test changes that would improve the efficiency of 
project delivery in a manner that is consistent with the purposes 
underlying existing requirements; it is not available to frustrate the 
purposes of existing requirements.
    When making BUILD Transportation award decisions, the Department 
will consider the applicant's proposals to use SEP-14 or SEP-15, 
whether the proposals are consistent with the objectives and 
requirements of those programs, the potential benefits that 
experimental authorities or waivers might provide to the project, and 
the broader applicability of potential results. The Department is not 
replacing the application processes for SEP-14 or SEP-15 with this 
notice or the BUILD Transportation program application. Instead, it 
seeks detailed expressions of interest in those programs. If selected 
for an BUILD Transportation award, the applicant would need to satisfy 
the relevant programs' requirements and complete the appropriate 
application processes. Selection for a BUILD Transportation award does 
not mean a project's SEP-14 or SEP-15 proposal has been approved. The 
Department will make a separate determination in accordance with those 
programs' processes on the appropriateness of a waiver.
(iii) Innovative Financing
    DOT 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 and recycled

[[Page 18660]]

revenue from the competitive sale or lease of publicly owned or 
operated assets.
(g) Partnership
    The Department will consider the extent to which projects 
demonstrate strong collaboration among a broad range of stakeholders. 
Projects with strong partnership typically involve multiple partners in 
project development and funding, such as State and local governments, 
other public entities, and private or nonprofit entities. DOT will 
consider rural applicants that partner with State, local, or private 
entities for the completion and operation of transportation 
infrastructure to have strong partnership. DOT will also assess the 
extent to which the project application demonstrates collaboration 
among neighboring or regional jurisdictions, including neighboring 
rural areas, to achieve local or regional benefits. In the context of 
public-private partnerships, DOT will assess the extent to which 
partners are encouraged to ensure long-term asset performance, such as 
through pay-for-success approaches.
    DOT will also consider the extent to which projects include 
partnerships that bring together diverse transportation agencies or are 
supported, financially or otherwise, by other stakeholders that are 
pursuing similar objectives. For example, DOT will consider the extent 
to which transportation projects are coordinated with economic 
development, housing, water and waste infrastructure, power and 
electric infrastructure, broadband and land use plans and policies or 
other public service efforts.
(h) Non-Federal Revenue for Transportation Infrastructure Investment
    The Administration believes that attracting significant new, non-
Federal revenue streams dedicated to transportation infrastructure 
investment is desirable to maximize investment in transportation 
infrastructure. The Department will assess the extent that applications 
provide evidence that the applicant will secure and commit new, non-
Federal revenue to transportation infrastructure investment.
    New revenue means revenue that is not included in current and 
projected funding levels and results from specific actions taken to 
increase transportation infrastructure investment. For example, an 
applicant may generate new revenue through asset recycling, tolling, 
tax-increment financing, or sales or gas tax increases. New revenue 
does not include the proceeds of a new bond issuance unless an 
applicant raises or commits to raising new revenue to repay the bonds. 
The Department will consider actions to create new revenue only if 
those actions occurred after January 1, 2015 or will occur in the 
future; it will not consider actions that occurred before January 1, 
2015. For applications that propose to generate revenue over multiple 
years, the maximum time period that should be used is 10 years, 
beginning on January 1, 2018. Among otherwise similar applications, 
applicants that generate more new non-Federal revenue for future 
transportation infrastructure investment will be more competitive. The 
Department recognizes that applicants have varying abilities and 
resources to generate non-Federal revenue. If an applicant describes 
broader legal or fiscal constraints that affect its ability to generate 
non-Federal revenue, the Department will consider those constraints. As 
mandated by the FY 2018 Appropriations Act, the Department will not use 
the Federal share as a selection criterion in awarding projects.
 ii. Demonstrated Project Readiness
    During application evaluation, the Department may consider project 
readiness to assess the likelihood of a successful project. In that 
analysis, the Department will consider significant risks to successful 
completion of a project, including risks associated with environmental 
review, permitting, technical feasibility, funding, and the applicant's 
capacity to manage project delivery. Risks do not disqualify projects 
from award, but competitive applications clearly and directly describe 
achievable risk mitigation strategies. A project with mitigated risks 
or with a risk mitigation plan is more competitive than a comparable 
project with unaddressed risks.
iii. Project Costs and Benefits
    The Department may consider the costs and benefits of projects 
seeking BUILD Transportation funding. To the extent possible, the 
Department will rely on quantitative, data-supported analysis to assess 
how well a project addresses this criterion, including an assessment of 
the project's estimated benefit-cost ratio and net quantifiable 
benefits based on the applicant-supplied BCA described in Section 
D.2.vi.
iv. Additional Considerations
    The FY 2018 Appropriations Act requires the Department to consider 
contributions to geographic diversity among recipients, including the 
need for a balance between the needs of rural and urban communities 
when selecting BUILD Transportation projects.

2. Review and Selection Process

    DOT reviews all eligible applications received by the deadline. The 
BUILD Transportation grants review and selection process consists of at 
least Technical Review and Senior Review. In the Technical Review, 
teams comprising staff from the Office of the Secretary (OST) and 
operating administrations review all eligible applications and rate 
projects based on how well the projects align with the selection 
criteria. The Senior Review Team, which includes senior leadership from 
OST and the operating administrations determines which projects to 
advance to the Secretary as Highly Rated. The FY 2018 Appropriations 
Act mandated BUILD Transportation grant awards by December 18, 2018. To 
ensure the Department meets the statutory deadline specified in the FY 
2018 Appropriations Act, the Department may revise the evaluation 
process based on the number of applications received. The Secretary 
selects from the Highly Rated projects for final awards.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk 
assessment as required by 2 CFR 200.205. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
An applicant may review information in FAPIIS and comment on any 
information about itself. The Department will consider comments by the 
applicant, in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation outlined in Section E, the Secretary will 
announce awarded projects by posting a list of selected projects at 
www.transportation.gov/BUILDgrants. Notice of selection is not 
authorization to begin performance. Following that announcement, the 
relevant operating administration will contact the point of contact 
listed in the SF 424 to initiate negotiation of the grant agreement for 
authorization.

[[Page 18661]]

2. Administrative and National 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 DOT at 2 CFR part 
1201. Additionally, applicable Federal laws, rules and regulations of 
the relevant operating administration administering the project will 
apply to the projects that receive BUILD Transportation Discretionary 
Grants awards, including planning requirements, Service Outcome 
Agreements, Stakeholder Agreements, Buy America compliance, and other 
requirements under DOT's other highway, transit, rail, and port grant 
programs.
    For projects administered by FHWA, applicable Federal laws, rules, 
and regulations set forth in Title 23 U.S.C. and Title 23 CFR apply. 
For an illustrative list of the applicable laws, rules, regulations, 
executive orders, polices, guidelines, and requirements as they relate 
to a BUILD Transportation project administered by the FHWA, please see 
https://ops.fhwa.dot.gov/Freight/infrastructure/tiger/fy2016_gr_exhbt/index.htm. For BUILD Transportation projects administered by the 
Federal Transit Administration and partially funded with Federal 
transit assistance, all relevant requirements under chapter 53 of title 
49 U.S.C. apply. For transit projects funded exclusively with BUILD 
Transportation Discretionary Grants funds, some requirements of chapter 
53 of title 49 U.S.C. and chapter VI of title 49 CFR apply. For 
projects administered by the Federal Railroad Administration, FRA 
requirements described in 49 U.S.C. Subtitle V, Part C apply.
    Federal wage rate requirements included in subchapter IV of chapter 
31 of title 40, U.S.C., apply to all projects receiving funds under 
this program, and apply to all parts of the project, whether funded 
with BUILD Transportation Discretionary Grant funds, other Federal 
funds, or non-Federal funds.

3. Reporting

i. Progress Reporting on Grant Activities
    Each applicant selected for BUILD Transportation Discretionary 
Grants funding must submit quarterly progress reports and Federal 
Financial Reports (SF-425) to monitor project progress and ensure 
accountability and financial transparency in the BUILD Transportation 
program.
ii. System Performance Reporting
    Each applicant selected for BUILD Transportation Discretionary 
Grant funding must collect information and report on the project's 
observed performance with respect to the relevant long-term outcomes 
that are expected to be achieved through construction of the project. 
Performance indicators will not include formal goals or targets, but 
will include observed measures under baseline (pre-project) as well as 
post-implementation outcomes for an agreed-upon timeline, and will be 
used to evaluate and compare projects and monitor the results that 
grant funds achieve to the intended long-term outcomes of the BUILD 
Transportation program are achieved. To the extent possible, 
performance indicators used in the reporting should align with the 
measures included in the application and should relate to at least one 
of the selection criteria defined in Section E. Performance reporting 
continues for several years after project construction is completed, 
and DOT does not provide BUILD Transportation Discretionary Grant 
funding specifically for performance reporting.
iii. Reporting of Matters Related to Recipient Integrity and 
Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported to the SAM that is made available in the 
designated integrity and performance system (currently FAPIIS) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the 
BUILD Transportation program staff via email at [email protected], or 
call Howard Hill at 202-366-0301. A TDD is available for individuals 
who are deaf or hard of hearing at 202-366-3993. In addition, DOT will 
post answers to questions and requests for clarifications on DOT's 
website at www.transportation.gov/BUILDgrants. To ensure applicants 
receive accurate information about eligibility or the program, the 
applicant is encouraged to contact DOT directly, rather than through 
intermediaries or third parties, with questions. DOT staff may also 
conduct briefings on the BUILD Transportation Discretionary Grants 
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. DOT protects such information from disclosure to the extent 
allowed under applicable law. In the event DOT receives a Freedom of 
Information Act (FOIA) request for the information, DOT 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.

    Issued on: April 20, 2018.
Elaine L. Chao,
Secretary.
[FR Doc. 2018-08906 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-9X-P



                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                          18651

                                                  10. What actions can be taken to                     DEPARTMENT OF TRANSPORTATION                          make a positive impact throughout the
                                               improve public awareness of traumatic                                                                         country. The FY 2018 BUILD
                                               injury as a public health issue?                        Office of the Secretary of                            Transportation program will continue to
                                                                                                       Transportation                                        give special consideration to projects
                                                  11. What actions could be taken to
                                                                                                                                                             located in rural areas. For this round of
                                               improve the rapid extrication of motor                  Notice of Funding Opportunity for the                 BUILD Transportation Discretionary
                                               vehicle crash patients?                                 Department of Transportation’s                        Grants, the maximum grant award is $25
                                                  12. What actions could be taken to                   National Infrastructure Investments                   million, and no more than $150 million
                                               improve the rapid transport of trauma                   Under the Consolidated                                can be awarded to a single State, as
                                               patients?                                               Appropriations Act, 2018                              specified in the FY 2018 Appropriations
                                                  13. What actions could be taken to                   AGENCY: Office of the Secretary of                    Act. Each section of this notice contains
                                               improve prehospital care for pediatric                  Transportation, DOT.                                  information and instructions relevant to
                                               trauma patients?                                                                                              the application process for these BUILD
                                                                                                       ACTION: Notice of funding opportunity.
                                                                                                                                                             Transportation Discretionary Grants,
                                                  14. What actions could be taken to                                                                         and all applicants should read this
                                               improve tribal prehospital trauma care?                 SUMMARY:   The Consolidated
                                                                                                       Appropriations Act, 2018 (Pub. L. 115–                notice in its entirety so that they have
                                                  15. What research is needed to                       141, March 23, 2018) (‘‘FY 2018                       the information they need to submit
                                               improve prehospital trauma care during                  Appropriations Act’’ or the ‘‘Act’’)                  eligible and competitive applications.
                                               a mass casualty incident?                               appropriated $1.5 billion to be awarded               Table of Contents
                                                  16. What is the potential role of 9–1–               by the Department of Transportation
                                                                                                                                                             A. Program Description
                                               1 in improving prehospital trauma care                  (‘‘DOT’’ or the ‘‘Department’’) for                   B. Federal Award Information
                                               outcomes?                                               National Infrastructure Investments.                  C. Eligibility Information
                                                                                                       This appropriation stems from the                     D. Application and Submission Information
                                                  17. What is the potential role of                    program funded and implemented                        E. Application Review Information
                                               bystander care, such as Stop the Bleed,                 pursuant to the American Recovery and                 F. Federal Award Administration
                                               in improving prehospital trauma care                    Reinvestment Act of 2009 (the                           Information
                                               outcomes?                                               ‘‘Recovery Act’’). This program was                   G. Federal Awarding Agency Contacts
                                                                                                                                                             H. Other Information
                                                  18. What is the potential role of                    previously known as the Transportation
                                               vehicle telematics in improving                         Investment Generating Economic                        A. Program Description
                                               prehospital trauma care outcomes?                       Recovery, or ‘‘TIGER Discretionary                       The Consolidated Appropriations Act,
                                                  19. What is the potential role of                    Grants,’’ program and is now known as                 2018 (Pub. L. 115–141, March 23, 2018)
                                                                                                       the Better Utilizing Investments to                   (‘‘FY 2018 Appropriations Act’’ or the
                                               telemedicine in improving prehospital
                                                                                                       Leverage Development, or ‘‘BUILD                      ‘‘Act’’) appropriated $1.5 billion to be
                                               trauma care outcomes?
                                                                                                       Transportation Discretionary Grants,’’                awarded by the Department of
                                                  20. What is the potential role of                    program. Funds for the FY 2018 BUILD                  Transportation (‘‘DOT’’ or the
                                               community paramedicine, mobile                          Transportation program are to be                      ‘‘Department’’) for National
                                               integrated healthcare, and other                        awarded on a competitive basis for                    Infrastructure Investments. Since this
                                               emerging EMS subspecialties in                          projects that will have a significant local           program was first created, $5.6 billion
                                               improving prehospital trauma care                       or regional impact. The purpose of this               has been awarded for capital
                                               outcomes?                                               Final Notice is to solicit applications for           investments in surface transportation
                                                  21. How could data-driven and                        BUILD Transportation Discretionary                    infrastructure over nine rounds of
                                               evidence-based improvements in EMS                      Grants.                                               competitive grants. Throughout the
                                               systems improve prehospital trauma                      DATES:  Applications must be submitted                program, these discretionary grant
                                               care?                                                   by 8:00 p.m. E.D.T. on July 18, 2018.                 awards have supported projects that
                                                                                                       ADDRESSES: Applications must be
                                                                                                                                                             have a significant local or regional
                                                  22. How could enhanced                                                                                     impact.
                                               collaboration among EMS systems,                        submitted through Grants.gov.
                                                                                                                                                                The Department is committed to
                                               health care providers, hospitals, public                FOR FURTHER INFORMATION CONTACT: For                  addressing the unmet transportation
                                               safety answering points, public health,                 further information concerning this                   infrastructure needs of rural areas. Rural
                                               insurers, and others improve                            notice, please contact the BUILD                      America is home to many of the nation’s
                                               prehospital trauma care?                                Transportation program staff via email                most critical transportation
                                                  23. What are some opportunities to                   at BUILDgrants@dot.gov, or call Howard                infrastructure assets, including 444,000
                                                                                                       Hill at 202–366–0301. A TDD is                        bridges, 2.98 million miles of roadways,
                                               improve exchange of evidence based
                                                                                                       available for individuals who are deaf or             and 30,500 miles of Interstate highways.
                                               prehospital trauma care practices
                                                                                                       hard of hearing at 202–366–3993. In                   More than 55 percent of all public road
                                               between military and civilian medicine?
                                                                                                       addition, DOT will regularly post                     miles are locally-owned rural roads.
                                                  24. Do you have any additional                       answers to questions and requests for                 While only 19 percent of the nation’s
                                               comments regarding prehospital trauma                   clarifications as well as information                 population lives in rural areas, 49
                                               care?                                                   about webinars for further guidance on                percent of all traffic fatalities occur on
                                                  Authority: 44 U.S.C. Section 3506(c)(2)(A).          DOT’s website at                                      rural roads (2015). In addition,
                                                                                                       www.transportation.gov/BUILDgrants.                   Americans living in rural areas and on
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                                                 Issued in Washington, DC, on April 19,
                                                                                                       SUPPLEMENTARY INFORMATION: Many of                    Tribal lands continue to
                                               2018.
                                                                                                       the selection criteria of BUILD                       disproportionately lack access to basic
                                               Jeff Michael,                                           Transportation grants overlap with                    broadband service. The Department
                                               Associate Administrator, Research and                   previous rounds of National                           believes that underinvestment in rural
                                               Program Development.                                    Infrastructure Investments discretionary              transportation systems has allowed a
                                               [FR Doc. 2018–08504 Filed 4–26–18; 8:45 am]             grants, though the program is refocused               slow and steady decline in the
                                               BILLING CODE 4910–59–P                                  on infrastructure investment that will                transportation routes that connect rural


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                                               18652                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               American communities to each other                      location, for BUILD Transportation                    1. Eligible Applicants
                                               and to the rest of the county. New                      Planning grants.                                        Eligible Applicants for BUILD
                                               investment is necessary to grow rural                                                                         Transportation Discretionary Grants are
                                                                                                       3. Restrictions on Funding
                                               economies, facilitate freight movement,                                                                       State, local, and tribal governments,
                                               improve access to reliable and                            Pursuant to the FY 2018                             including U.S. territories, transit
                                               affordable transportation options and                   Appropriations Act, no more than 10                   agencies, port authorities, metropolitan
                                               enhance health access and safety for                    percent of the funds made available for               planning organizations (MPOs), and
                                               residents. To address these rural                       BUILD Transportation Discretionary                    other political subdivisions of State or
                                               transportation infrastructure needs,                    Grants (or $150 million) may be                       local governments.
                                               DOT intends to award a greater share of                 awarded to projects in a single State.                  Multiple States or jurisdictions may
                                               BUILD Transportation Discretionary                      The Act also directs that not less than               submit a joint application and must
                                               Grant funding to projects located in                    30 percent of the funds provided for                  identify a lead applicant as the primary
                                               rural areas that align well with the                    BUILD Transportation Discretionary                    point of contact, and also identify the
                                               selection criteria than to such projects                Grants (or $450 million) shall be used                primary recipient of the award. Each
                                               in urban areas.                                         for projects located in rural areas.                  applicant in a joint application must be
                                                                                                       Further, DOT must take measures to                    an Eligible Applicant. Joint applications
                                               B. Federal Award Information
                                                                                                       ensure an equitable geographic                        must include a description of the roles
                                               1. Amount Available                                     distribution of grant funds, an                       and responsibilities of each applicant
                                                  The FY 2018 Appropriations Act                       appropriate balance in addressing the                 and must be signed by each applicant.
                                               appropriated $1.5 billion to be awarded                 needs of urban and rural areas, and
                                                                                                       investment in a variety of transportation             2. Cost Sharing or Matching
                                               by DOT for the BUILD Transportation
                                               program. The FY 2018 BUILD                              modes.                                                  Per the FY 2018 Appropriations Act,
                                               Transportation Discretionary Grants are                 4. Availability of Funds                              BUILD Transportation Discretionary
                                               for capital investments in surface                                                                            Grants may be used for up to 80 percent
                                               transportation infrastructure and are to                  The FY 2018 Appropriations Act                      of a project located in an urban area 1
                                               be awarded on a competitive basis for                   requires that FY 2018 BUILD                           and the Secretary may increase the
                                               projects that will have a significant local             Transportation Discretionary Grants                   Federal share of costs above 80 percent
                                               or regional impact. Additionally, the                   funds are only available for obligation               for a project located in a rural area.
                                               Act allows for up to $15 million (of the                through September 30, 2020. Obligation                Urban area and rural area are defined in
                                               $1.5 billion) to be awarded as grants for               occurs when a selected applicant and                  Section C.3.ii of this notice.
                                               the planning, preparation or design of                  DOT enter into a written grant                          For a project located in an urban area,
                                               eligible projects. DOT is referring to any              agreement after the applicant has                     the Federal share of the costs for which
                                               such awarded projects as BUILD                          satisfied applicable administrative                   an expenditure is made under a BUILD
                                               Transportation Planning Grants. The FY                  requirements, including transportation                Transportation grant may not exceed 80
                                               2018 Appropriations Act also allows                     planning and environmental review                     percent. Non-Federal sources include
                                               DOT to retain up to $25 million of the                  requirements. All FY 2018 BUILD funds                 State funds originating from programs
                                               $1.5 billion for award, oversight and                   must be expended (the grant obligation                funded by State revenue, local funds
                                               administration of grants and credit                     must be liquidated or actually paid out               originating from State or local revenue-
                                               assistance made under the BUILD                         to the grantee) by September 30, 2025.                funded programs, or private funds. Toll
                                               Transportation program. If this                         After this date, unliquidated funds are               credits under 23 U.S.C. 120(i) are
                                               solicitation does not result in the award               no longer available to the project. As                considered a non-Federal source. Unless
                                               and obligation of all available funds,                  part of the review and selection process              otherwise authorized by statute, State or
                                               DOT may publish additional                              described in Section E.2., DOT will                   local cost-share may not be counted as
                                               solicitations.                                          consider whether a project is ready to                the non-Federal share for both the
                                                  The FY 2018 Appropriations Act                       proceed with an obligation of grant                   BUILD Transportation grant and another
                                               allows up to 20 percent of available                    funds from DOT within the statutory                   Federal grant program. The Department
                                               funds (or $300 million) to be used by                   time provided. No waiver is possible for              will not consider previously-incurred
                                               the Department to pay the subsidy and                   these deadlines.                                      costs or previously-expended or
                                               administrative costs for a project                      5. Previous TIGER Awards                              encumbered funds towards the
                                               receiving credit assistance under the                                                                         matching requirement for any project.
                                               Transportation Infrastructure Finance                     Recipients of TIGER Discretionary                   Matching funds are subject to the same
                                               and Innovation Act of 1998 (‘‘TIFIA’’)                  Grants may apply for funding to support               Federal requirements described in
                                               program, if that use of the FY 2018                     additional phases of a project awarded                Section F.2. as awarded funds.
                                               BUILD funds would further the                           funds in the TIGER program. However,
                                                                                                       to be competitive, the applicant should               3. Other
                                               purposes of the BUILD Transportation
                                               program.                                                demonstrate the extent to which the                   i. Eligible Projects
                                                                                                       previously funded project phase has
                                               2. Award Size                                           been able to meet estimated project                      Eligible projects for BUILD
                                                                                                       schedules and budget, as well as the                  Transportation Discretionary Grants are
                                                  The FY 2018 Appropriations Act
                                                                                                       ability to realize the benefits expected              capital projects that include, but are not
                                               specifies that BUILD Transportation
                                                                                                       for the project.                                      limited to: (1) Highway, bridge, or other
                                               Discretionary Grants may not be less
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                                                                                                                                                             road projects eligible under title 23,
                                               than $5 million and not greater than $25                C. Eligibility Information                            United States Code; (2) public
                                               million, except that for projects located
                                                                                                                                                             transportation projects eligible under
                                               in rural areas (as defined in Section                     To be selected for a BUILD
                                                                                                                                                             chapter 53 of title 49, United States
                                               C.3.ii.) the minimum BUILD                              Transportation Discretionary Grant, an
                                               Transportation Discretionary Grant size                 applicant must be an Eligible Applicant                 1 To meet match requirements, the minimum total
                                               is $1 million. There is no statutory                    and the project must be an Eligible                   project cost for a project located in an urban area
                                               minimum grant size, regardless of                       Project.                                              must be $6.25 million.



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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                           18653

                                               Code; (3) passenger and freight rail                    in a rural area the minimum award is $1               the first three received will be
                                               transportation projects; (4) port                       million; and (3) the Secretary may                    considered.
                                               infrastructure investments (including                   increase the Federal share above 80
                                                                                                                                                             v. Program of Projects
                                               inland port infrastructure and land ports               percent to pay for the costs of a project
                                               of entry); and (5) intermodal projects.2                in a rural area.                                        Applicants that demonstrate the
                                               The FY 2018 Appropriations Act allows                   iii. Project Components                               ability to generate additional non-
                                               up to $15 million for the planning,                                                                           Federal revenue for transportation
                                               preparation or design of projects eligible                 An application may describe a project
                                                                                                                                                             infrastructure investment as described
                                               for BUILD Transportation funding.                       that contains more than one component,
                                                                                                                                                             in Section E.1.i.h. of this notice may
                                               Activities eligible for funding under                   and may describe components that may
                                                                                                                                                             apply for multiple projects, exceeding
                                               BUILD Transportation Planning Grants                    be carried out by parties other than the
                                                                                                                                                             the three application limit, that
                                               are related to the planning, preparation,               applicant. DOT may award funds for a
                                                                                                                                                             collectively constitute a ‘‘program of
                                               or design—including environmental                       component, instead of the larger project,
                                                                                                                                                             projects’’. A program of projects consists
                                               analysis, feasibility studies, and other                if that component (1) independently
                                                                                                                                                             of independent projects that address the
                                               pre-construction activities—of surface                  meets minimum award amounts
                                                                                                                                                             same transportation challenge and
                                               transportation projects. Research,                      described in Section B and all eligibility
                                                                                                       requirements described in Section C; (2)              whose combined benefits, including
                                               demonstration, or pilot projects are                                                                          funding efficiency, are greater than if
                                               eligible only if they will result in long-              independently aligns well with the
                                                                                                       selection criteria specified in Section E;            the projects are completed individually.
                                               term, permanent surface transportation                                                                        For a program of projects, applicants
                                               infrastructure that has independent                     and (3) meets National Environmental
                                                                                                       Policy Act (NEPA) requirements with                   must submit an application for each
                                               utility as defined in Section C.3.iii.                                                                        project within the program and describe
                                               Applicants are strongly encouraged to                   respect to independent utility.
                                                                                                       Independent utility means that the                    how each project constitutes a program.
                                               submit applications only for eligible                                                                         Each project application within a
                                               award amounts.                                          component will represent a
                                                                                                       transportation improvement that is                    program of projects must meet eligibility
                                               ii. Rural/Urban Definition                              usable and represents a reasonable                    criteria described in Section C of this
                                                                                                       expenditure of DOT funds even if no                   notice, demonstrate independent utility,
                                                  For purposes of this notice, DOT                                                                           and individually address the merit
                                               defines ‘‘rural area’’ as an area outside               other improvements are made in the
                                                                                                       area, and will be ready for intended use              criteria within this notice. DOT will
                                               an Urbanized Area 3 (UA) as designated                                                                        evaluate each application within a
                                               by the U.S. Census Bureau. In this                      upon completion of that component’s
                                                                                                       construction. All project components                  program of projects in the same manner
                                               notice, an ‘‘urban area’’ is defined as an                                                                    in which it evaluates individual project
                                               area inside a UA as designated by the                   that are presented together in a single
                                                                                                       application must demonstrate a                        applications. Each project within a
                                               U.S. Census Bureau.4                                                                                          program of projects is subject to the $25
                                                  The Department will consider a                       relationship or connection between
                                                                                                       them. (See Section D.2.iv. for Required               million award maximum and total
                                               project to be in a rural area if the
                                                                                                       Approvals).                                           awards cannot exceed $150 million per
                                               majority of the project (determined by
                                                                                                          Applicants should be aware that,                   State. Only applicants that generate
                                               geographic location(s) where the
                                                                                                       depending upon the relationship                       additional non-Federal revenue as
                                               majority of the money is to be spent) is
                                                                                                       between project components and                        described in Section E.1.i.h. may submit
                                               located in a rural area. Costs incurred on
                                                                                                       applicable Federal law, DOT funding of                applications exceeding the three
                                               an Urbanized Area border, including an
                                                                                                       only some project components may                      application limit for consideration as a
                                               intersection with an Urbanized Area,
                                                                                                       make other project components subject                 program of projects, and only one
                                               will be considered urban for the
                                                                                                       to Federal requirements as described in               program of projects may be submitted
                                               purposes of the FY 2018 BUILD
                                                                                                       Section F.2.                                          by each eligible applicant.
                                               Transportation Program. Rural and
                                               urban definitions differ in some other                     DOT strongly encourages applicants                 D. Application and Submission
                                               DOT programs, including TIFIA and the                   to identify in their applications the                 Information
                                               Nationally Significant Freight and                      project components that have
                                                                                                       independent utility and separately                    1. Address
                                               Highway Projects Program (FAST Act
                                               § 1105; 23 U.S.C. 117).                                 detail costs and requested BUILD
                                                                                                       Transportation funding for those                        Applications must be submitted to
                                                  This definition affects three aspects of                                                                   Grants.gov. Instructions for submitting
                                               the program. The FY 2018                                components. If the application identifies
                                                                                                       one or more independent project                       applications can be found at
                                               Appropriations Act directs that (1) not                                                                       www.transportation.gov/BUILDgrants
                                               less than $450 million of the funds                     components, the application should
                                                                                                       clearly identify how each independent                 along with specific instructions for the
                                               provided for BUILD Transportation                                                                             forms and attachments required for
                                               Discretionary grants are to be used for                 component addresses selection criteria
                                                                                                       and produces benefits on its own, in                  submission.
                                               projects in rural areas; (2) for a project
                                                                                                       addition to describing how the full                   2. Content and Form of Application
                                                 2 Please note that the Department may use a           proposal of which the independent                     Submission
                                               BUILD Transportation Discretionary Grant to pay         component is a part addresses selection
                                               for the surface transportation components of a          criteria.                                               The application must include the
                                               broader project that has non-surface transportation                                                           Standard Form 424 (Application for
                                               components, and applicants are encouraged to            iv. Application Limit                                 Federal Assistance), Standard Form
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                                               apply for BUILD Transportation Discretionary
                                               Grants to pay for the surface transportation              Each lead applicant may submit no                   424C (Budget Information for
                                               components of these projects.                           more than three applications. Unrelated               Construction Programs), cover page, and
                                                  3 Updated lists of UAs as defined by the Census
                                                                                                       project components should not be                      the Project Narrative. More detailed
                                               Bureau are available on the Census Bureau website       bundled in a single application for the               information about the Project Narrative
                                               at http://www2.census.gov/geo/maps/dc10map/
                                               UAUC_RefMap/ua/.                                        purpose of adhering to the limit. If a                follows. Applicants should also
                                                  4 See www.transportation.gov/BUILDgrants for a       lead applicant submits more than three                complete and attach to their application
                                               list of UAs.                                            applications as the lead applicant, only              the ‘‘BUILD 2018 Project Information’’


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                                               18654                                       Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               form available at www.transportation.                                       The Department recommends that the                                      requirements and assist evaluators in
                                               gov/BUILDgrants.                                                          project narrative follow the basic outline                                locating relevant information.
                                                                                                                         below to address the program

                                               I. Project Description ..............................................................................................................................................     See   D.2.i.
                                               II. Project Location .................................................................................................................................................    See   D.2.ii.
                                               III. Grant Funds, Sources and Uses of all Project Funding .................................................................................                               See   D.2.iii.
                                               IV. Merit Criteria ....................................................................................................................................................   See   D.2.iv.(1).
                                               V. Project Readiness ...............................................................................................................................................      See   D.2.iv.(2) and E.1.ii.


                                                  The project narrative should include                                   i. Project Description                                                    and other Federal. If the project contains
                                               the information necessary for the                                           The first section of the application                                    individual components, the budget
                                               Department to determine that the                                          should provide a concise description of                                   should separate the costs of each project
                                               project satisfies project requirements                                    the project, the transportation                                           component. If the project will be
                                               described in Sections B and C and to                                      challenges that it is intended to address,                                completed in phases, the budget should
                                               assess the selection criteria specified in                                and how it will address those                                             separate the costs of each phase. The
                                               Section E.1. To the extent practicable,                                   challenges. This section should discuss                                   budget detail should sufficiently
                                               applicants should provide supporting                                      the project’s history, including a                                        demonstrate that the project satisfies the
                                               data and documentation in a form that                                     description of any previously completed                                   statutory cost-sharing requirements
                                               is directly verifiable by the Department.                                 components. The applicant may use this                                    described in Section C.2;
                                               The Department may ask any applicant                                      section to place the project into a                                          In addition to the information
                                               to supplement data in its application,                                    broader context of other transportation                                   enumerated above, this section should
                                               but expects applications to be complete                                   infrastructure investments being                                          provide complete information on how
                                                                                                                         pursued by the project sponsor, and, if                                   all project funds may be used. For
                                               upon submission.
                                                                                                                         applicable, how it will benefit                                           example, if a particular source of funds
                                                  In addition to a detailed statement of                                                                                                           is available only after a condition is
                                                                                                                         communities in rural areas.
                                               work, detailed project schedule, and                                                                                                                satisfied, the application should identify
                                               detailed project budget, the project                                      ii. Project Location                                                      that condition and describe the
                                               narrative should include a table of                                         This section of the application should                                  applicant’s control over whether it is
                                               contents, maps and graphics, as                                           describe the project location, including                                  satisfied. Similarly, if a particular
                                               appropriate, to make the information                                      a detailed geographical description of                                    source of funds is available for
                                               easier to review. The Department                                          the proposed project, a map of the                                        expenditure only during a fixed time
                                               recommends that the project narrative                                     project’s location and connections to                                     period, the application should describe
                                               be prepared with standard formatting                                      existing transportation infrastructure,                                   that restriction. Complete information
                                               preferences (a single-spaced document,                                    and geospatial data describing the                                        about project funds will ensure that the
                                               using a standard 12-point font such as                                    project location. If the project is located                               Department’s expectations for award
                                               Times New Roman, with 1-inch                                              within the boundary of a Census-                                          execution align with any funding
                                               margins). The project narrative may not                                   designated UA, the application should                                     restrictions unrelated to the Department,
                                               exceed 30 pages in length, excluding                                      identify the UA.                                                          even if an award differs from the
                                               cover pages and table of contents. The                                                                                                              applicant’s request.
                                                                                                                         iii. Grant Funds, Sources and Uses of
                                               only substantive portions that may                                        Project Funds                                                             iv. Criteria
                                               exceed the 30-page limit are documents
                                                                                                                            This section of the application should                                   This section of the application should
                                               supporting assertions or conclusions                                                                                                                demonstrate how the project aligns with
                                               made in the 30-page project narrative. If                                 describe the project’s budget. This
                                                                                                                         budget should not include any                                             the Criteria described in Section E.1 of
                                               possible, website links to supporting                                                                                                               this notice. The Department encourages
                                                                                                                         previously incurred expenses. At a
                                               documentation should be provided                                                                                                                    applicants to either address each
                                                                                                                         minimum, it should include:
                                               rather than copies of these supporting                                       (A) Project costs;                                                     criterion or expressly state that the
                                               materials. If supporting documents are                                       (B) For all funds to be used for eligible                              project does not address the criterion.
                                               submitted, applicants should clearly                                      project costs, the source and amount of                                   Applicants are not required to follow a
                                               identify within the project narrative the                                 those funds;                                                              specific format, but the outline
                                               relevant portion of the project narrative                                    (C) For non-Federal funds to be used                                   suggested below, which addresses each
                                               that each supporting document                                             for eligible project costs, documentation                                 criterion separately, promotes a clear
                                               supports. At the applicant’s discretion,                                  of funding commitments should be                                          discussion that assists project
                                               relevant materials provided previously                                    referenced here and included as an                                        evaluators. To minimize redundant
                                               to an operating administration in                                         appendix to the application;                                              information in the application, the
                                               support of a different DOT financial                                         (D) For Federal funds to be used for                                   Department encourages applicants to
                                               assistance program may be referenced                                      eligible project costs, the amount,                                       cross-reference from this section of their
                                               and described as unchanged. The                                           nature, and source of any required non-                                   application to relevant substantive
                                               Department recommends using                                               Federal match for those funds;                                            information in other sections of the
                                               appropriately descriptive file names                                         (E) A budget showing how each                                          application. The guidance in this
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                                               (e.g., ‘‘Project Narrative,’’ ‘‘Maps,’’                                   source of funds will be spent. The                                        section is about how the applicant
                                               ‘‘Memoranda of Understanding and                                          budget should show how each funding                                       should organize their application.
                                               Letters of Support,’’ etc.) for all                                       source will share in each major                                           Guidance describing how the
                                               attachments. DOT recommends                                               construction activity, and present that                                   Department will evaluate projects
                                               applications include the following                                        data in dollars and percentages.                                          against the Merit Criteria is in Section
                                                                                                                         Funding sources should be grouped into                                    E.1 of this notice. Applicants also
                                               sections:
                                                                                                                         three categories: non-Federal; BUILD;                                     should review that section before


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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                                  18655

                                               considering how to organize their                       environmental protection criterion                    The applicant should also provide
                                               application.                                            (described in Section E.1.i.(d) of this               sufficient information for evaluators to
                                                                                                       notice). Applicants are encouraged to                 confirm that the applicant’s proposal
                                               (1) Merit Criteria
                                                                                                       provide quantitative information,                     would meet the requirements of the
                                               (a) Safety                                              including baseline information that                   specific experimental authority
                                                  This section of the application should               demonstrates how the project will                     program.5
                                               describe the anticipated outcomes of the                reduce energy consumption, stormwater                 (iii) Innovative Financing
                                               project that support the Safety criterion               runoff, or achieve other benefits for the
                                               (described in Section E.1.i.(a) of this                 environment such as brownfield                           If an applicant plans to incorporate
                                               notice). The applicant should include                   redevelopment.                                        innovative funding or financing, the
                                               information on, and to the extent                                                                             applicant should describe the funding
                                                                                                       (e) Quality of Life                                   or financing approach, including a
                                               possible, quantify, how the project
                                               would improve safety outcomes within                       This section should describe how the               description of all activities undertaken
                                               the project area or wider transportation                project increases transportation choices              to pursue private funding or financing
                                               network, to include how the project will                for individuals, expands access to                    for the project and the outcomes of
                                               reduce the number, rate, and                            essential services for people in                      those activities.
                                               consequences of transportation-related                  communities across the United States,                 (g) Partnership
                                               accidents, serious injuries, and fatalities             improves connectivity for citizens to
                                                                                                       jobs, health care, and other critical                    This section of the application should
                                               among transportation users, or how the                                                                        include information to assess the
                                               project will eliminate unsafe grade                     destinations, particularly for rural
                                                                                                       communities, or otherwise addresses                   partnership criterion (described in
                                               crossings or contribute to preventing                                                                         Section E.1.i.(g) of this notice) including
                                               unintended releases of hazardous                        the quality of life criterion (described in
                                                                                                       Section E.1.i.(e) of this notice). If                 a list of all project parties and details
                                               materials.                                                                                                    about the proposed grant recipient and
                                                                                                       construction of the transportation
                                               (b) State of Good Repair                                project will allow concurrent                         other public and private parties who are
                                                  This section of the application should               installation of fiber or other broadband              involved in delivering the project. This
                                               describe how the project will contribute                deployment as an essential service, the               section should also describe efforts to
                                               to a state of good repair by improving                  applicant should describe those                       collaborate among stakeholders,
                                               the condition or resilience of existing                 activities and how they support quality               including with the private sector.
                                               transportation facilities and systems                   of life. Unless the concurrent activities             (h) Non-Federal Revenue for
                                               (described in Section E.1.i.(b) of this                 support transportation, they will not be              Transportation Infrastructure
                                               notice), including the project’s current                eligible for reimbursement.                           Investment
                                               condition and how the proposed project
                                                                                                       (f) Innovation                                           If an applicant generates additional
                                               will improve it, and any estimation of
                                                                                                          This section of the application should             non-Federal revenue (as described in
                                               impacts on long-term cost structures or
                                                                                                       describe innovative strategies used and               Section E.1.i.(h) of this notice), this
                                               impacts on overall life-cycle costs. If the
                                               project will contribute to a state of good              the anticipated benefits of using those               section should provide evidence of
                                               repair of transportation infrastructure                 strategies, including those                           newly secured and committed revenue
                                               that supports border security, the                      corresponding to three categories                     for transportation infrastructure
                                               applicant should describe how.                          (described in Section E.1.i.(f) of this               investments and identify the source of
                                                                                                       notice): (i) Innovative Technologies, (ii)            the revenue. If new revenue for
                                               (c) Economic Competitiveness                                                                                  transportation infrastructure
                                                                                                       Innovative Project Delivery, or (iii)
                                                  This section of the application should               Innovative Financing.                                 investments has not already been
                                               describe how the project will support                                                                         secured, the applicant should explain
                                               the Economic Competitiveness criterion                  (i) Innovative Technologies                           necessary steps to securing revenue and
                                               (described in Section E.1.i.(c) of this                    If an applicant is proposing to adopt              provide a timeline of key milestones
                                               notice). The applicant should include                   innovative safety approaches or                       leading to its commitment. To ensure
                                               information about expected impacts of                   technology, the application should                    new revenue does not supplant existing
                                               the project on the movement of goods                    demonstrate the applicant’s capacity to               sources, applications should provide
                                               and people, including how the project                   implement those innovations, the                      estimates of future revenue levels absent
                                               increases the efficiency of movement                    applicant’s understanding of whether                  and, separately, with the new revenue.
                                               and thereby reduces costs of doing                      the innovations will require                          If applicable, this section should
                                               business, improves local and regional                   extraordinary permitting, approvals, or               describe any fiscal or legal constraints
                                               freight connectivity to the national and                other procedural actions, and the effects             that affect the applicant’s ability to
                                               global economy, reduces burdens of                      of those innovations on the project                   generate non-Federal revenue.
                                               commuting, and improves overall well-                   delivery timeline.                                    (2) Project Readiness
                                               being. The applicant should describe
                                               the extent to which the project                         (ii) Innovative Project Delivery                        This section of the application should
                                               contributes to the functioning and                         If an applicant plans to use innovative            include information that, when
                                               growth of the economy, including the                    approaches to project delivery,                       considered with the project budget
                                               extent to which the project addresses                   applicants should describe those project              information presented elsewhere in the
                                               congestion or freight connectivity,                     delivery methods and how they are                     application, is sufficient for the
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                                               bridges service gaps in rural areas, or                 expected to improve the efficiency of                 Department to evaluate whether the
                                               promotes the expansion of private                       the project development or expedite                   project is reasonably expected to begin
                                               economic development.                                   project delivery.
                                                                                                                                                               5 SEP–14 information is available at https://
                                                                                                          If an applicant is proposing to use
                                               (d) Environmental Protection                            SEP–14 or SEP–15 (as described in                     www.fhwa.dot.gov/programadmin/contracts/sep_
                                                                                                                                                             a.cfm. SEP–15 information is available at https://
                                                 This section of the application should                section E.1.i.(f) of this notice) the                 www.fhwa.dot.gov/ipd/p3/tools_programs/sep15_
                                               describe how the project addresses the                  applicant should describe that proposal.              procedures.aspx.



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                                               18656                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               construction in a timely manner. To                       (1) All necessary activities will be                indicate the status of such actions, and
                                               assist the Department’s project readiness               complete to allow BUILD                               provide detailed information about the
                                               assessment, the applicant should                        Transportation funds to be obligated                  status of those reviews or approvals and
                                               provide the information requested on                    sufficiently in advance of the statutory              should demonstrate compliance with
                                               technical feasibility, project schedule,                deadline (September 30, 2020 for FY                   any other applicable Federal, State or
                                               project approvals, and project risks,                   2018 funds), and that any unexpected                  local requirements, and when such
                                               each of which is described in greater                   delays will not put the funds at risk of              approvals are expected. Applicants
                                               detail in the following sections.                       expiring before they are obligated;                   should provide a website link or other
                                               Applicants are not required to follow                     (2) the project can begin construction              reference to copies of any reviews,
                                               the specific format described here, but                 quickly upon obligation of BUILD                      approvals, and permits prepared.
                                               this organization, which addresses each                 Transportation funds, and that the grant                (c) Environmental studies or other
                                               relevant aspect of project readiness,                   funds will be spent expeditiously once                documents, preferably through a
                                               promotes a clear discussion that assists                construction starts, with all BUILD                   website link, that describe in detail
                                               project evaluators. To minimize                         Transportation funds expended by                      known project impacts, and possible
                                               redundant information in the                            September 30, 2025; and                               mitigation for those impacts.
                                               application, the Department encourages                    (3) all real property and right-of-way                (d) A description of discussions with
                                               applicants to cross-reference from this                 acquisition will be completed in a                    the appropriate DOT operating
                                               section of their application to relevant                timely manner in accordance with 49                   administration field or headquarters
                                               substantive information in other                        CFR part 24, 23 CFR part 710, and other               office regarding the project’s compliance
                                               sections of the application.                            applicable legal requirements or a                    with NEPA and other applicable Federal
                                                 The guidance here is about what                       statement that no acquisition is                      environmental reviews and approvals.
                                               information applicants should provide                   necessary.                                              (e) A description of public
                                               and how the applicant should organize                                                                         engagement about the project that has
                                               their application. Guidance describing                  (c) Required Approvals                                occurred, including details on the
                                               how the Department will evaluate a                         (1) Environmental Permits and                      degree to which public comments and
                                               project’s readiness is described in                     Reviews. The application should                       commitments have been integrated into
                                               Section E.1.ii of this notice. Applicants               demonstrate receipt (or reasonably                    project development and design.
                                               also should review that section when                    anticipated receipt) of all environmental               (2) State and Local Approvals. The
                                               considering how to organize their                       approvals and permits necessary for the               applicant should demonstrate receipt of
                                               application.                                            project to proceed to construction on the             State and local approvals on which the
                                                                                                       timeline specified in the project                     project depends, such as State and local
                                               (a) Technical Feasibility                                                                                     environmental and planning approvals
                                                                                                       schedule and necessary to meet the
                                                  The applicant should demonstrate the                 statutory obligation deadline, including              and Statewide Transportation
                                               technical feasibility of the project with               satisfaction of all Federal, State and                Improvement Program (STIP) or
                                               engineering and design studies and                      local requirements and completion of                  (Transportation Improvement Program)
                                               activities; the development of design                   the NEPA process. Specifically, the                   TIP funding. Additional support from
                                               criteria and/or a basis of design; the                  application should include:                           relevant State and local officials is not
                                               basis for the cost estimate presented in                   (a) Information about the NEPA status              required; however, an applicant should
                                               the BUILD application, including the                    of the project. If the NEPA process is                demonstrate that the project has broad
                                               identification of contingency levels                    complete, an applicant should indicate                public support.
                                               appropriate to its level of design; and                 the date of completion, and provide a                   (3) Federal Transportation
                                               any scope, schedule, and budget risk-                   website link or other reference to the                Requirements Affecting State and Local
                                               mitigation measures. Applicants should                  final Categorical Exclusion, Finding of               Planning. The planning requirements
                                               include a detailed statement of work                    No Significant Impact, Record of                      applicable to the relevant operating
                                               that focuses on the technical and                       Decision, and any other NEPA                          administration apply to all BUILD
                                               engineering aspects of the project and                  documents prepared. If the NEPA                       Transportation projects,7 including
                                               describes in detail the project to be                   process is underway, but not complete,
                                               constructed.                                            the application should detail the type of             historic resources require review and approval by
                                                                                                                                                             Federal and State agencies with jurisdiction over
                                               (b) Project Schedule                                    NEPA review underway, where the                       those resources.
                                                                                                       project is in the process, and indicate                  7 Under 23 U.S.C. 134 and § 135, all projects
                                                  The applicant should include a                       the anticipated date of completion of all             requiring an action by FHWA must be in the
                                               detailed project schedule that identifies               milestones and of the final NEPA                      applicable plan and programming documents (e.g.,
                                               all major project milestones. Examples                  determination. If the last agency action              metropolitan transportation plan, transportation
                                               of such milestones include State and                                                                          improvement program (TIP) and statewide
                                                                                                       with respect to NEPA documents                        transportation improvement program (STIP)).
                                               local planning approvals (programming                   occurred more than three years before                 Further, in air quality non-attainment and
                                               on the Statewide Transportation                         the application date, the applicant                   maintenance areas, all regionally significant
                                               Improvement Program); start and                         should describe why the project has                   projects, regardless of the funding source, must be
                                               completion of NEPA and other Federal                                                                          included in the conforming metropolitan
                                                                                                       been delayed and include a proposed                   transportation plan and TIP. Inclusion in the STIP
                                               environmental reviews and approvals                     approach for verifying and, if necessary,             is required under certain circumstances. To the
                                               including permitting; design                            updating this material in accordance                  extent a project is required to be on a metropolitan
                                               completion; right of way acquisition;                   with applicable NEPA requirements.                    transportation plan, TIP, and/or STIP, it will not
                                               approval of plans, specifications and                                                                         receive a BUILD Transportation grant until it is
                                                                                                          (b) Information on reviews, approvals,
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                                                                                                                                                             included in such plans. Projects not currently
                                               estimates; procurement; State and local                 and permits by other agencies. An                     included in these plans can be amended by the
                                               approvals; project partnership and                      application should indicate whether the               State and MPO. Projects that are not required to be
                                               implementation agreements, including                    proposed project requires reviews or                  in long range transportation plans, STIPs, and TIPs
                                               agreements with railroads; and                                                                                will not need to be included in such plans in order
                                                                                                       approval actions by other agencies,6                  to receive a BUILD Transportation grant. Port,
                                               construction. The project schedule                                                                            freight rail, and intermodal projects are not required
                                               should be sufficiently detailed to                        6 Projects that may impact protected resources      to be on the State Rail Plans called for in the
                                               demonstrate that:                                       such as wetlands, species habitat, cultural or        Passenger Rail Investment and Improvement Act of



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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                          18657

                                               intermodal projects located at airport                  project and identify how the project                  Any benefits claimed for the project,
                                               facilities.8 Applicants should                          parties will mitigate those risks.                    both quantified and unquantified,
                                               demonstrate that a project that is                         To the extent it is unfamiliar with the            should be clearly tied to the expected
                                               required to be included in the relevant                 Federal program, the applicant should                 outcomes of the project.
                                               State, metropolitan, and local planning                 contact the appropriate DOT operating                    The BCA should include the full costs
                                               documents has been or will be included                  administration field or headquarters                  of developing, constructing, operating,
                                               in such documents. If the project is not                offices, as found in contact information              and maintaining the proposed project,
                                               included in a relevant planning                         at www.transportation.gov/BUILDgrants,                as well as the expected timing or
                                               document at the time the application is                 for information on the pre-requisite                  schedule for costs in each of these
                                               submitted, the applicant should submit                  steps to obligate Federal funds in order              categories. The BCA may also consider
                                               a statement from the appropriate                        to ensure that their project schedule is              the present discounted value of any
                                               planning agency that actions are                        reasonable and that there are no risks of             remaining service life of the asset at the
                                               underway to include the project in the                  delays in satisfying Federal                          end of the analysis period. The costs
                                               relevant planning document.                             requirements.                                         and benefits that are compared in the
                                                  To the extent possible, freight projects                BUILD Transportation Planning Grant                BCA should also cover the same project
                                               should be included in a State Freight                   applicants should describe their                      scope.
                                               Plan and supported by a State Freight                   capacity to successfully implement the
                                                                                                                                                                The BCA should carefully document
                                               Advisory Committee (49 U.S.C. 70201,                    proposed activities in a timely manner.
                                                                                                                                                             the assumptions and methodology used
                                               70202), if these exist. Applicants should               (3) Benefit Cost Analysis                             to produce the analysis, including a
                                               provide links or other documentation
                                                                                                          This section describes the                         description of the baseline, the sources
                                               supporting this consideration.
                                                                                                       recommended approach for the                          of data used to project the outcomes of
                                                  Because projects have different
                                               schedules, the construction start date for              completion and submission of a benefit-               the project, and the values of key input
                                               each BUILD Transportation grant must                    cost analysis (BCA) as an appendix to                 parameters. Applicants should provide
                                               be specified in the project-specific                    the Project Narrative. The results of the             all relevant files used for their BCA,
                                               agreements signed by relevant operating                 analysis should be summarized in the                  including any spreadsheet files and
                                               administration and the grant recipients,                Project Narrative directly, as described              technical memos describing the analysis
                                               based on critical path items that                       in Section D.2.                                       (whether created in-house or by a
                                               applicants identify in the application                     Applicants should delineate each of                contractor). The spreadsheets and
                                               and will be consistent with relevant                    their project’s expected outcomes in the              technical memos should present the
                                               State and local plans.                                  form of a complete BCA to enable the                  calculations in sufficient detail and
                                                                                                       Department to evaluate the project’s                  transparency to allow the analysis to be
                                               (d) Assessment of Project Risks and                     cost-effectiveness by estimating a                    reproduced by DOT evaluators. Detailed
                                               Mitigation Strategies                                   benefit-cost ratio and calculating the                guidance for estimating some types of
                                                  Project risks, such as procurement                   magnitude of net benefits and costs for               quantitative benefits and costs, together
                                               delays, environmental uncertainties,                    the project. In support of each project               with recommended economic values for
                                               increases in real estate acquisition costs,             for which an applicant seeks funding,                 converting them to dollar terms and
                                               uncommitted local match, or lack of                     that applicant should submit a BCA that               discounting to their present values, are
                                               legislative approval, affect the                        quantifies the expected benefits of the               available in the Department’s guidance
                                               likelihood of successful project start and              project against a no-build baseline,                  for conducting BCAs for projects
                                               completion. The applicant should                        provides monetary estimates of the                    seeking funding under the BUILD
                                               identify all material risks to the project              benefits’ economic value, and compares                Transportation program (see
                                               and the strategies that the lead applicant              the properly-discounted present values                www.transportation.gov/BUILDgrants/
                                               and any project partners have                           of these benefits to the project’s                    additional-guidance).
                                               undertaken or will undertake in order to                estimated costs.                                      3. Unique Entity Identifier and System
                                               mitigate those risks. The applicant                        The primary economic benefits from
                                                                                                                                                             for Award Management (SAM)
                                               should assess the greatest risks to the                 projects eligible for BUILD
                                                                                                       Transportation Grants are likely to                      Each applicant must: (1) Be registered
                                               2008, or in a State Freight Plan as described in the    include savings in travel time costs,                 in SAM before submitting its
                                               FAST Act. However, applicants seeking funding for       vehicle operating costs, and safety costs             application; (2) provide a valid unique
                                               freight projects are encouraged to demonstrate that
                                               they have done sufficient planning to ensure that       for both existing users of the improved               entity identifier in its application; and
                                               projects fit into a prioritized list of capital needs   facility and new users who may be                     (3) continue to maintain an active SAM
                                               and are consistent with long-range goals. Means of      attracted to it as a result of the project.           registration with current information at
                                               demonstrating this consistency would include            Reduced damages from vehicle                          all times during which it has an active
                                               whether the project is in a TIP or a State Freight
                                               Plan that conforms to the requirements Section          emissions and savings in maintenance                  Federal award or an application or plan
                                               70202 of Title 49 prior to the start of construction.   costs to public agencies may also be                  under consideration by a Federal
                                               Port planning guidelines are available at               quantified. Applicants may describe                   awarding agency. The Department may
                                               StrongPorts.gov.                                        other categories of benefits in the BCA               not make a BUILD Transportation grant
                                                  8 Projects at grant obligated airports must be

                                               compatible with the FAA-approved Airport Layout
                                                                                                       that are more difficult to quantify and               to an applicant until the applicant has
                                               Plan, as well as aeronautical surfaces associated       value in economic terms, such as                      complied with all applicable unique
                                               with the landing and takeoff of aircraft at the         improving the reliability of travel times             entity identifier and SAM requirements
                                               airport. Additionally, projects at an airport: Must     or improvements to the existing human                 and, if an applicant has not fully
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                                               comply with established Sponsor Grant Assurances,
                                               including (but not limited to) requirements for non-
                                                                                                       and natural environments (such as                     complied with the requirements by the
                                               exclusive use facilities, consultation with users,      increased connectivity, improved public               time the Department is ready to make a
                                               consistency with local plans including                  health, storm water runoff mitigation,                BUILD Transportation grant, the
                                               development of the area surrounding the airport,        and noise reduction), while also                      Department may determine that the
                                               and consideration of the interest of nearby
                                               communities, among others; and must not adversely
                                                                                                       providing numerical estimates of the                  applicant is not qualified to receive a
                                               affect the continued and unhindered access of           magnitude and timing of each of these                 BUILD Transportation grant and use
                                               passengers to the terminal.                             additional impacts wherever possible.                 that determination as a basis for making


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                                               18658                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               a BUILD Transportation grant to another                    (3) The ‘‘Legal Business Name’’ for the            (a) Safety
                                               applicant.                                              applicant that was provided in the SF–                   The Department will assess the
                                                                                                       424;                                                  project’s ability to foster a safe
                                               4. Submission Dates and Times
                                                                                                          (4) The AOR name submitted in the                  transportation system for the movement
                                               i. Deadline                                             SF–424;                                               of goods and people. The Department
                                                  Applications must be submitted by                       (5) The DUNS number associated with                will consider the projected impacts on
                                               8:00 p.m. E.D.T. on July 18, 2018. The                  the application; and                                  the number, rate, and consequences of
                                               Grants.gov ‘‘Apply’’ function will open                                                                       crashes, fatalities and injuries among
                                               by June 3, 2018.                                           (6) The Grants.gov Help Desk                       transportation users; the project’s
                                                  To submit an application through                     Tracking Number.                                      contribution to the elimination of
                                               Grants.gov, applicants must:                               To ensure a fair competition of                    highway/rail grade crossings, or the
                                                  (1) Obtain a Data Universal                          limited discretionary funds, the                      project’s contribution to preventing
                                               Numbering System (DUNS) number;                         following conditions are not valid                    unintended releases of hazardous
                                                  (2) Register with the System for                     reasons to permit late submissions: (1)               materials.
                                               Award Management (SAM) at                               Failure to complete the registration
                                               www.SAM.gov;                                            process before the deadline; (2) failure              (b) State of Good Repair
                                                  (3) Create a Grants.gov username and                 to follow Grants.gov instructions on                     The Department will assess whether
                                               password; and                                           how to register and apply as posted on                and to what extent: (1) The project is
                                                  (4) The E-Business Point of Contact                  its website; (3) failure to follow all                consistent with relevant plans to
                                               (POC) at the applicant’s organization                   instructions in this notice of funding                maintain transportation facilities or
                                               must respond to the registration email                  opportunity; and (4) technical issues                 systems in a state of good repair and
                                               from Grants.gov and login at Grants.gov                 experienced with the applicant’s                      address current and projected
                                               to authorize the applicant as the                       computer or information technology                    vulnerabilities; (2) if left unimproved,
                                               Authorized Organization Representative                  environment. After the Department                     the poor condition of the asset will
                                               (AOR). Please note that there can be                    reviews all information submitted and                 threaten future transportation network
                                               more than one AOR for an organization.                  contact the Grants.gov Help Desk to                   efficiency, mobility of goods or
                                                  Please note that the Grants.gov
                                                                                                       validate reported technical issues, DOT               accessibility and mobility of people, or
                                               registration process usually takes 2–4
                                                                                                       staff will contact late applicants to                 economic growth; (3) the project is
                                               weeks to complete and that the
                                                                                                       approve or deny a request to submit a                 appropriately capitalized up front and
                                               Department will not consider late
                                                                                                       late application through Grants.gov. If               uses asset management approaches that
                                               applications that are the result of failure
                                                                                                       the reported technical issues cannot be               optimize its long-term cost structure; (4)
                                               to register or comply with Grants.gov
                                                                                                       validated, late applications will be                  a sustainable source of revenue is
                                               applicant requirements in a timely
                                                                                                       rejected as untimely.                                 available for operations and
                                               manner. For information and instruction
                                                                                                                                                             maintenance of the project and the
                                               on each of these processes, please see                  E. Application Review Information
                                                                                                                                                             project will reduce overall life-cycle
                                               instructions at http://www.grants.gov/
                                                                                                       1. Criteria                                           costs; (5) maintain or improve
                                               web/grants/applicants/applicant-
                                                                                                                                                             transportation infrastructure that
                                               faqs.html. If applicants experience                       This section specifies the criteria that            supports border security functions; and
                                               difficulties at any point during the                    DOT will use to evaluate and award                    (6) the project includes a plan to
                                               registration or application process,                    applications for BUILD Transportation                 maintain the transportation
                                               please call the Grants.gov Customer                     Discretionary Grants. The criteria                    infrastructure in a state of good repair.
                                               Service Support Hotline at 1(800) 518–                  incorporate the statutory eligibility                 The Department will prioritize projects
                                               4726, Monday–Friday from 7:00 a.m. to                   requirements for this program, which                  that ensure the good condition of
                                               9:00 p.m. EST.                                          are specified in this notice as relevant.             transportation infrastructure, including
                                               ii. Consideration of Applications                       Projects will also be evaluated for                   rural transportation infrastructure, that
                                                                                                       demonstrated project readiness and                    support commerce and economic
                                                  Only applicants who comply with all                  benefits and costs.
                                               submission deadlines described in this                                                                        growth.
                                               notice and electronically submit valid                  i. Merit Criteria                                     (c) Economic Competitiveness
                                               applications through Grants.gov will be
                                               eligible for award. Applicants are                         Applications that do not demonstrate                  The Department will assess whether
                                               strongly encouraged to make                             a likelihood of significant long-term                 the project will (1) decrease
                                               submissions in advance of the deadline.                 benefits based on these criteria will not             transportation costs and improve access,
                                                                                                       proceed in the evaluation process. DOT                especially for rural communities,
                                               iii. Late Applications                                  does not consider any merit criterion                 through reliable and timely access to
                                                  Applicants experiencing technical                    more important than the others. BUILD                 employment centers and job
                                               issues with Grants.gov that are beyond                  Transportation Planning Grant                         opportunities; (2) improve long-term
                                               the applicant’s control must contact                    applications will be evaluated against                efficiency, reliability or costs in the
                                               BUILDgrants@dot.gov prior to the                        the same criteria as capital grant                    movement of workers or goods; (3)
                                               application deadline with the user name                 applications. While the FY 2018                       increase the economic productivity of
                                               of the registrant and details of the                    Appropriations Act allows funding                     land, capital, or labor; (4) result in long-
                                               technical issue experienced. The                        solely for pre-construction activities, the           term job creation and other economic
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                                               applicant must provide:                                 Department will prioritize FY 2018                    opportunities; or (5) help the United
                                                  (1) Details of the technical issue                   BUILD Transportation funding for                      States compete in a global economy by
                                               experienced;                                            projects which demonstrate the ability                facilitating efficient and reliable freight
                                                  (2) Screen capture(s) of the technical               to move into the construction phase                   movement.
                                               issues experienced along with                           within the period of obligation. The                     Projects that address congestion in
                                               corresponding Grants.gov ‘‘Grant                        selection criteria, which will receive                major urban areas, particularly those
                                               tracking number’’;                                      equal consideration, are:                             that do so through the use of congestion


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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                         18659

                                               pricing or the deployment of advanced                   and documentation of safety risks.                    timely and consistent environmental
                                               technology, projects that bridge gaps in                When making BUILD Transportation                      review and permit decisions.
                                               service in rural areas, and projects that               award decisions, the Department will                  Participation in innovative project
                                               attract private economic development,                   consider any innovative safety                        delivery approaches will not remove
                                               all support local or regional economic                  approaches proposed by the applicant,                 any statutory requirements affecting
                                               competitiveness.                                        particularly projects which incorporate               project delivery. While BUILD
                                                                                                       innovative design solutions, enhance                  Transportation award recipients are not
                                               (d) Environmental Protection                                                                                  required to employ innovative
                                                                                                       the environment for automated vehicles,
                                                  The Department will consider the                     or use technology to improve the                      approaches, the Department encourages
                                               extent to which the project improves                    detection, mitigation, and                            BUILD Transportation applicants to
                                               energy efficiency, reduces dependence                   documentation of safety risks.                        describe innovative project delivery
                                               on oil, reduces congestion-related                      Innovative safety approaches may                      methods for proposed projects.
                                               emissions, improves water quality,                      include, but are not limited to:                         Additionally, DOT is interested in
                                               avoids and mitigates environmental                         • Conflict detection and mitigation                projects that apply innovative strategies
                                               impacts and otherwise benefits the                      technologies (e.g., intersection alerts               to improve the efficiency of project
                                               environment, including through                          and signal prioritization);                           development or expedite project
                                               alternative right of way uses                              • Dynamic signaling or pricing                     delivery by using FHWA’s Special
                                               demonstrating innovative ways to                        systems to reduce congestion;                         Experimental Project No. 14 (SEP–14)
                                               improve or streamline environmental                        • Signage and design features that                 and Special Experimental Project No. 15
                                               reviews while maintaining the same                      facilitate autonomous or semi-                        (SEP–15). Under SEP–14 and SEP–15,
                                               outcomes. The Department will assess                    autonomous vehicle technologies;                      FHWA may waive statutory and
                                               the project’s ability to: (i) Reduce energy                • Applications to automatically                    regulatory requirements under title 23
                                               use and air or water pollution through                  capture and report safety-related issues              on a project-by-project basis to explore
                                               congestion mitigation strategies; (ii)                  (e.g., identifying and documenting near-              innovative processes that could be
                                               avoid adverse environmental impacts to                  miss incidents); and                                  adopted through legislation. This
                                               air or water quality, wetlands, and                        • Cybersecurity elements to protect                experimental authority is available to
                                               endangered species; or (iii) provide                    safety-critical systems.                              test changes that would improve the
                                               environmental benefits, such as                            For innovative safety proposals, the               efficiency of project delivery in a
                                               brownfield redevelopment, ground                        Department will evaluate safety benefits              manner that is consistent with the
                                               water recharge in areas of water scarcity,              that those approaches could produce                   purposes underlying existing
                                               wetlands creation or improved habitat                   and the broader applicability of the                  requirements; it is not available to
                                               connectivity, and stormwater                            potential results. DOT will also assess               frustrate the purposes of existing
                                               mitigation.                                             the extent to which the project uses                  requirements.
                                                                                                       innovative technology that supports                      When making BUILD Transportation
                                               (e) Quality of Life                                     surface transportation to significantly               award decisions, the Department will
                                                  The Department will consider the                     enhance the operational performance of                consider the applicant’s proposals to
                                               extent to which the project: (i) Increases              the transportation system.                            use SEP–14 or SEP–15, whether the
                                               transportation choices for individuals to                  Innovative technologies include:                   proposals are consistent with the
                                               provide more freedom on transportation                  broadband deployment and the                          objectives and requirements of those
                                               decisions; (ii) expands access to                       installation of high-speed networks                   programs, the potential benefits that
                                               essential services for communities                      concurrent with the project                           experimental authorities or waivers
                                               across the United States, particularly for              construction; connecting Intelligent                  might provide to the project, and the
                                               rural communities; and (iii) improves                   Transportation System (ITS)                           broader applicability of potential
                                               connectivity for citizens to jobs, health               infrastructure; and providing direct fiber            results. The Department is not replacing
                                               care, and other critical destinations,                  connections that support surface                      the application processes for SEP–14 or
                                               particularly for rural communities.                     transportation to public and private                  SEP–15 with this notice or the BUILD
                                               Americans living in rural areas and on                  entities, which can provide a platform                Transportation program application.
                                               Tribal lands continue to                                and catalyst for growth of rural                      Instead, it seeks detailed expressions of
                                               disproportionately lack access and                      communities. The Department will                      interest in those programs. If selected
                                               connectivity, and the Department will                   consider whether and the extent to                    for an BUILD Transportation award, the
                                               consider whether and the extent to                      which the construction of the                         applicant would need to satisfy the
                                               which the construction of the                           transportation project will allow                     relevant programs’ requirements and
                                               transportation project will allow                       concurrent broadband deployment and                   complete the appropriate application
                                               concurrent installation of fiber or other               the installation of high-speed networks.              processes. Selection for a BUILD
                                               broadband deployment as an essential                                                                          Transportation award does not mean a
                                                                                                       (ii) Innovative Project Delivery
                                               service.                                                                                                      project’s SEP–14 or SEP–15 proposal
                                                                                                          DOT will consider the extent to which              has been approved. The Department
                                               (f) Innovation                                          the project utilizes innovative practices             will make a separate determination in
                                                  The Department will assess the extent                in contracting, congestion management,                accordance with those programs’
                                               to which the applicant uses innovative                  asset management, or long-term                        processes on the appropriateness of a
                                               strategies, including: (i) Innovative                   operations and maintenance.                           waiver.
                                               technologies, (ii) innovative project                      The Department also seeks projects
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                                                                                                       that employ innovative approaches to                  (iii) Innovative Financing
                                               delivery, or (iii) innovative financing.
                                                                                                       improve the efficiency and effectiveness                 DOT will assess the extent to which
                                               (i) Innovative Technologies                             of the environmental permitting and                   the project incorporates innovations in
                                                  DOT will assess innovative                           review to accelerate project delivery and             transportation funding and finance
                                               approaches to transportation safety,                    achieve improved outcomes for                         through both traditional and innovative
                                               particularly in relation to automated                   communities and the environment. The                  means, including by using private sector
                                               vehicles and the detection, mitigation,                 Department’s objective is to achieve                  funding or financing and recycled


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                                               18660                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               revenue from the competitive sale or                    issuance unless an applicant raises or                and urban communities when selecting
                                               lease of publicly owned or operated                     commits to raising new revenue to repay               BUILD Transportation projects.
                                               assets.                                                 the bonds. The Department will
                                                                                                                                                             2. Review and Selection Process
                                                                                                       consider actions to create new revenue
                                               (g) Partnership                                                                                                  DOT reviews all eligible applications
                                                                                                       only if those actions occurred after
                                                  The Department will consider the                     January 1, 2015 or will occur in the                  received by the deadline. The BUILD
                                               extent to which projects demonstrate                    future; it will not consider actions that             Transportation grants review and
                                               strong collaboration among a broad                      occurred before January 1, 2015. For                  selection process consists of at least
                                               range of stakeholders. Projects with                    applications that propose to generate                 Technical Review and Senior Review. In
                                               strong partnership typically involve                    revenue over multiple years, the                      the Technical Review, teams comprising
                                               multiple partners in project                            maximum time period that should be                    staff from the Office of the Secretary
                                               development and funding, such as State                  used is 10 years, beginning on January                (OST) and operating administrations
                                               and local governments, other public                     1, 2018. Among otherwise similar                      review all eligible applications and rate
                                               entities, and private or nonprofit                      applications, applicants that generate                projects based on how well the projects
                                               entities. DOT will consider rural                       more new non-Federal revenue for                      align with the selection criteria. The
                                               applicants that partner with State, local,              future transportation infrastructure                  Senior Review Team, which includes
                                               or private entities for the completion                  investment will be more competitive.                  senior leadership from OST and the
                                               and operation of transportation                         The Department recognizes that                        operating administrations determines
                                               infrastructure to have strong                           applicants have varying abilities and                 which projects to advance to the
                                               partnership. DOT will also assess the                   resources to generate non-Federal                     Secretary as Highly Rated. The FY 2018
                                               extent to which the project application                 revenue. If an applicant describes                    Appropriations Act mandated BUILD
                                               demonstrates collaboration among                        broader legal or fiscal constraints that              Transportation grant awards by
                                               neighboring or regional jurisdictions,                  affect its ability to generate non-Federal            December 18, 2018. To ensure the
                                               including neighboring rural areas, to                   revenue, the Department will consider                 Department meets the statutory deadline
                                               achieve local or regional benefits. In the              those constraints. As mandated by the                 specified in the FY 2018 Appropriations
                                               context of public-private partnerships,                 FY 2018 Appropriations Act, the                       Act, the Department may revise the
                                               DOT will assess the extent to which                     Department will not use the Federal                   evaluation process based on the number
                                               partners are encouraged to ensure long-                 share as a selection criterion in                     of applications received. The Secretary
                                               term asset performance, such as through                 awarding projects.                                    selects from the Highly Rated projects
                                               pay-for-success approaches.                                                                                   for final awards.
                                                  DOT will also consider the extent to                 ii. Demonstrated Project Readiness
                                               which projects include partnerships that                   During application evaluation, the                 3. Additional Information
                                               bring together diverse transportation                   Department may consider project                         Prior to award, each selected
                                               agencies or are supported, financially or               readiness to assess the likelihood of a               applicant will be subject to a risk
                                               otherwise, by other stakeholders that are               successful project. In that analysis, the             assessment as required by 2 CFR
                                               pursuing similar objectives. For                        Department will consider significant                  200.205. The Department must review
                                               example, DOT will consider the extent                   risks to successful completion of a                   and consider any information about the
                                               to which transportation projects are                    project, including risks associated with              applicant that is in the designated
                                               coordinated with economic                               environmental review, permitting,                     integrity and performance system
                                               development, housing, water and waste                   technical feasibility, funding, and the               accessible through SAM (currently the
                                               infrastructure, power and electric                      applicant’s capacity to manage project                Federal Awardee Performance and
                                               infrastructure, broadband and land use                  delivery. Risks do not disqualify                     Integrity Information System (FAPIIS)).
                                               plans and policies or other public                      projects from award, but competitive                  An applicant may review information in
                                               service efforts.                                        applications clearly and directly                     FAPIIS and comment on any
                                               (h) Non-Federal Revenue for                             describe achievable risk mitigation                   information about itself. The
                                               Transportation Infrastructure                           strategies. A project with mitigated risks            Department will consider comments by
                                               Investment                                              or with a risk mitigation plan is more                the applicant, in addition to the other
                                                                                                       competitive than a comparable project                 information in FAPIIS, in making a
                                                  The Administration believes that                     with unaddressed risks.                               judgment about the applicant’s integrity,
                                               attracting significant new, non-Federal
                                                                                                       iii. Project Costs and Benefits                       business ethics, and record of
                                               revenue streams dedicated to
                                                                                                                                                             performance under Federal awards
                                               transportation infrastructure investment                   The Department may consider the                    when completing the review of risk
                                               is desirable to maximize investment in                  costs and benefits of projects seeking                posed by applicants.
                                               transportation infrastructure. The                      BUILD Transportation funding. To the
                                               Department will assess the extent that                  extent possible, the Department will                  F. Federal Award Administration
                                               applications provide evidence that the                  rely on quantitative, data-supported                  Information
                                               applicant will secure and commit new,                   analysis to assess how well a project                 1. Federal Award Notice
                                               non-Federal revenue to transportation                   addresses this criterion, including an
                                               infrastructure investment.                              assessment of the project’s estimated                   Following the evaluation outlined in
                                                  New revenue means revenue that is                    benefit-cost ratio and net quantifiable               Section E, the Secretary will announce
                                               not included in current and projected                   benefits based on the applicant-supplied              awarded projects by posting a list of
                                               funding levels and results from specific                BCA described in Section D.2.vi.                      selected projects at www.transportation.
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                                               actions taken to increase transportation                                                                      gov/BUILDgrants. Notice of selection is
                                               infrastructure investment. For example,                 iv. Additional Considerations                         not authorization to begin performance.
                                               an applicant may generate new revenue                     The FY 2018 Appropriations Act                      Following that announcement, the
                                               through asset recycling, tolling, tax-                  requires the Department to consider                   relevant operating administration will
                                               increment financing, or sales or gas tax                contributions to geographic diversity                 contact the point of contact listed in the
                                               increases. New revenue does not                         among recipients, including the need for              SF 424 to initiate negotiation of the
                                               include the proceeds of a new bond                      a balance between the needs of rural                  grant agreement for authorization.


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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                                18661

                                               2. Administrative and National Policy                   and ensure accountability and financial               G. Federal Awarding Agency Contacts
                                               Requirements                                            transparency in the BUILD
                                                                                                       Transportation program.                                  For further information concerning
                                                  All awards will be administered                                                                            this notice please contact the BUILD
                                               pursuant to the Uniform Administrative                  ii. System Performance Reporting                      Transportation program staff via email
                                               Requirements, Cost Principles and
                                                                                                          Each applicant selected for BUILD                  at BUILDgrants@dot.gov, or call Howard
                                               Audit Requirements for Federal Awards
                                               found in 2 CFR part 200, as adopted by                  Transportation Discretionary Grant                    Hill at 202–366–0301. A TDD is
                                               DOT at 2 CFR part 1201. Additionally,                   funding must collect information and                  available for individuals who are deaf or
                                               applicable Federal laws, rules and                      report on the project’s observed                      hard of hearing at 202–366–3993. In
                                               regulations of the relevant operating                   performance with respect to the relevant              addition, DOT will post answers to
                                               administration administering the project                long-term outcomes that are expected to               questions and requests for clarifications
                                               will apply to the projects that receive                 be achieved through construction of the               on DOT’s website at
                                               BUILD Transportation Discretionary                      project. Performance indicators will not              www.transportation.gov/BUILDgrants.
                                               Grants awards, including planning                       include formal goals or targets, but will             To ensure applicants receive accurate
                                               requirements, Service Outcome                           include observed measures under                       information about eligibility or the
                                               Agreements, Stakeholder Agreements,                     baseline (pre-project) as well as post-               program, the applicant is encouraged to
                                               Buy America compliance, and other                       implementation outcomes for an agreed-                contact DOT directly, rather than
                                               requirements under DOT’s other                          upon timeline, and will be used to                    through intermediaries or third parties,
                                               highway, transit, rail, and port grant                  evaluate and compare projects and                     with questions. DOT staff may also
                                               programs.                                               monitor the results that grant funds                  conduct briefings on the BUILD
                                                  For projects administered by FHWA,                   achieve to the intended long-term                     Transportation Discretionary Grants
                                               applicable Federal laws, rules, and                     outcomes of the BUILD Transportation                  selection and award process upon
                                               regulations set forth in Title 23 U.S.C.                program are achieved. To the extent                   request.
                                               and Title 23 CFR apply. For an                          possible, performance indicators used in
                                               illustrative list of the applicable laws,               the reporting should align with the                   H. Other information
                                               rules, regulations, executive orders,                   measures included in the application
                                                                                                                                                             1. Protection of Confidential Business
                                               polices, guidelines, and requirements as                and should relate to at least one of the
                                                                                                                                                             Information
                                               they relate to a BUILD Transportation                   selection criteria defined in Section E.
                                               project administered by the FHWA,                       Performance reporting continues for                      All information submitted as part of
                                               please see https://ops.fhwa.dot.gov/                    several years after project construction              or in support of any application shall
                                               Freight/infrastructure/tiger/fy2016_gr_                 is completed, and DOT does not provide                use publicly available data or data that
                                               exhbt/index.htm. For BUILD                              BUILD Transportation Discretionary                    can be made public and methodologies
                                               Transportation projects administered by                 Grant funding specifically for                        that are accepted by industry practice
                                               the Federal Transit Administration and                  performance reporting.                                and standards, to the extent possible. If
                                               partially funded with Federal transit
                                                                                                       iii. Reporting of Matters Related to                  the application includes information the
                                               assistance, all relevant requirements
                                                                                                       Recipient Integrity and Performance                   applicant considers to be a trade secret
                                               under chapter 53 of title 49 U.S.C.
                                               apply. For transit projects funded                                                                            or confidential commercial or financial
                                                                                                         If the total value of a selected
                                               exclusively with BUILD Transportation                                                                         information, the applicant should do the
                                                                                                       applicant’s currently active grants,
                                               Discretionary Grants funds, some                        cooperative agreements, and                           following: (1) Note on the front cover
                                               requirements of chapter 53 of title 49                  procurement contracts from all Federal                that the submission ‘‘Contains
                                               U.S.C. and chapter VI of title 49 CFR                   awarding agencies exceeds $10,000,000                 Confidential Business Information
                                               apply. For projects administered by the                 for any period of time during the period              (CBI)’’; (2) mark each affected page
                                               Federal Railroad Administration, FRA                    of performance of this Federal award,                 ‘‘CBI’’; and (3) highlight or otherwise
                                               requirements described in 49 U.S.C.                     then the applicant during that period of              denote the CBI portions. DOT protects
                                               Subtitle V, Part C apply.                               time must maintain the currency of                    such information from disclosure to the
                                                  Federal wage rate requirements                       information reported to the SAM that is               extent allowed under applicable law. In
                                               included in subchapter IV of chapter 31                 made available in the designated                      the event DOT receives a Freedom of
                                               of title 40, U.S.C., apply to all projects              integrity and performance system                      Information Act (FOIA) request for the
                                               receiving funds under this program, and                 (currently FAPIIS) about civil, criminal,             information, DOT will follow the
                                               apply to all parts of the project, whether              or administrative proceedings described               procedures described in its FOIA
                                               funded with BUILD Transportation                        in paragraph 2 of this award term and                 regulations at 49 CFR 7.17. Only
                                               Discretionary Grant funds, other Federal                condition. This is a statutory                        information that is ultimately
                                               funds, or non-Federal funds.                            requirement under section 872 of Public               determined to be confidential under that
                                               3. Reporting                                            Law 110–417, as amended (41 U.S.C.                    procedure will be exempt from
                                                                                                       2313). As required by section 3010 of                 disclosure under FOIA.
                                               i. Progress Reporting on Grant Activities               Public Law 111–212, all information                     Issued on: April 20, 2018.
                                                  Each applicant selected for BUILD                    posted in the designated integrity and
                                                                                                                                                             Elaine L. Chao,
                                               Transportation Discretionary Grants                     performance system on or after April 15,
                                               funding must submit quarterly progress                  2011, except past performance reviews                 Secretary.
                                               reports and Federal Financial Reports                   required for Federal procurement                      [FR Doc. 2018–08906 Filed 4–26–18; 8:45 am]
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                                               (SF–425) to monitor project progress                    contracts, will be publicly available.                BILLING CODE 4910–9X–P




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Document Created: 2018-04-27 01:45:19
Document Modified: 2018-04-27 01:45:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of funding opportunity.
DatesApplications must be submitted by 8:00 p.m. E.D.T. on July 18, 2018.
ContactFor further information concerning this notice, please contact the BUILD Transportation program staff via email at [email protected], or call Howard Hill at 202-366-0301. A TDD is available for individuals who are deaf or hard of hearing at 202-366-3993. In addition, DOT will regularly post answers to questions and requests for clarifications as well as information about webinars for further guidance on DOT's website at www.transportation.gov/ BUILDgrants.
FR Citation83 FR 18651 

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