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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity (NOFO) for the U.S. Department of 

Transportation’s Nationally Significant Federal Lands and Tribal Projects Program 

for Fiscal Year 2023 

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 

Transportation (DOT) 

ACTION: NOFO for the Fiscal Year (FY) 2023 Nationally Significant Federal Lands and 

Tribal Projects Program, Number 693JJ3-NSFLTP-FY23. 

SUMMARY: The purpose of this notice is to solicit applications for the Nationally Significant 

Federal Lands and Tribal Projects (NSFLTP). Funds for the FY NSFLTP grant program are to 

be awarded on a competitive basis to projects of national significance for construction, 

reconstruction, or rehabilitation of transportation facilities within, adjacent to, or providing 

access to Federal or Tribal lands.

DATES: Applications must be submitted by 11:59 P.M. EST on September 6, 2023. Late 

applications will not be accepted.

ADDRESSES: Applications must be submitted through https://www.grants.gov.

FOR FURTHER INFORMATION CONTACT

Frances Ramirez, Office of Federal Lands Programs, FHWA, Office of Federal Lands 

Highway, 22001 Loudoun County Parkway, Building E1, Suite 150, Ashburn, VA 

20147, email: NSFLTP-Program@dot.gov

In addition, FHWA will regularly post information about the NSFLTP Program on its Website 

at https://flh.fhwa.dot.gov/programs/nsfltp/. 
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SUPPLEMENTARY INFORMATION: Each section of this notice contains information 

and instructions relevant to the application process for NSFLTP Program grants. Applicants 

should read this notice in its entirety to submit eligible and competitive applications.

N/A SUMMARY INFORMATION

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

Section A (Program Description) describes FHWA’s goals and purpose in making awards, 

and Section E (Application Review Information) describes how FHWA will select from 

eligible applications.

A. PROGRAM DESCRIPTION

1. Overview

The Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94, as 

extended) established the NSFLTP Program. The Infrastructure Investment and 

Jobs Act (Pub. L. 117-58, also known as the “Bipartisan Infrastructure Law” (BIL)) 

provided $55 million per year in contract authority funding from the Highway
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Trust Fund and authorized up to an additional $300 million per year from the 

General Fund, subject to appropriation, for each of FYs 2022 through 2026. The 

BIL also modified the NSFLTP Program in several ways, such as:

• Reducing minimum project sizes from $25 million to $12.5 million;

• Requiring exactly half of the funding go to projects on Tribal 

transportation facilities;

• Increasing the Federal share of projects on Tribal transportation facilities 

to 100 percent; 

• Allowing all Federal funds, including those made available under Titles 23 

and 49 of the United States Code (U.S.C.), to serve as the non-Federal share 

of the project; and

• Requiring the funding of at least one eligible project submitted by the 

National Park Service for a unit of the National Park System with 3 million 

annual visitors or more. 

The NSFLTP NOFO makes $88.29 million in FY 2023 funding available for 

award. The FY 2023 funding will be implemented, as appropriate and 

consistent with law, in alignment with the priorities in Executive Order (EO) 

14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 

64355).

The purpose of the NSFLTP grants is to provide Federal funding to projects of 

national significance for construction, reconstruction, or rehabilitation of 

transportation facilities within, adjacent to, or providing access to Federal or Tribal 

lands. Assistance listing 20.205, Highway Planning and Construction, applies. 
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2. NSFLTP Grant Priorities

This section briefly discusses priorities specific to NSFLTP and those related to 

FHWA’s overall mission that are reflected in the selection criteria and NOFO 

requirements. Please note that project applications for projects on Federal lands 

transportation facilities or Federal lands access transportation facilities are required 

to address all statutory and discretionary criteria described below. However, in 

order to streamline the application process for projects on Tribal lands, applications 

for Tribal transportation facilities do not need to address Discretionary criteria II, 

III, IV, and V. FHWA does not require and will not consider these discretionary 

criteria when reviewing applications for projects on Tribal transportation facilities. 

For projects on Federal lands transportation facilities or Federal lands access 

transportation facilities. FHWA seeks projects that:

• Further the goals of DOT, which include safety and the state of good repair;

• Improve the quality of life for a local community and/or the traveling public;

• Improve physical or operational deficiencies of the facility;

• Use new technologies and innovations; and

• Support economic vitality at the national and regional level.

Prioritizing Safety in All Investments and Projects

The National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits 

DOT to respond to the current crisis in roadway fatalities by ‘taking substantial, 

comprehensive action to significantly reduce serious and fatal injuries on the 

Nation’s roadways,’ in pursuit of the goal of achieving zero roadway deaths 

through a Safe System Approach. The outcomes that are anticipated from the
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projects funded by NSFLTP should align with the NRSS.

Grant Priorities/Section Criteria for Applications for projects off of Tribal 

Transportation Facilities 

For applications for projects off of Tribal transportation facilities, FHWA will seek 

projects that:

• Ensure equitable investment in the needs of underserved communities;

• Align with FHWA’s mission and with priorities such as equity, climate and 

sustainability, and economic strength and global competitiveness; and 

• Support the creation of good-paying jobs with the free and fair choice to join 

a union, and the incorporation of strong labor standards and workforce 

programs.

Climate Change and Sustainability

DOT seeks to fund projects under the NSFLTP Program that reduce greenhouse gas 

(GHG) emissions in the transportation sector, incorporate evidence-based climate 

resilience measures and features, reduce the lifecycle GHG emissions from the 

project materials, and avoid adverse environmental impacts to air or water quality, 

wetlands, and endangered species, and address the disproportionate negative 

environmental impacts of transportation on disadvantaged communities, consistent 

with EO 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619). 

Section E provides more information on the specific measures a project located on a 

Federal lands transportation facility or Federal lands access transportation facility 

may undertake to support these goals. 

Equity and Justice40
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DOT seeks to award projects under the NSFLTP that will create proportional 

impacts to all populations in a project area, remove transportation related 

disparities to all populations in a project area, and increase equitable access to 

project benefits, consistent with EO 13985, Advancing Racial Equity and Support 

for Underserved Communities Through the Federal Government (86 FR 7009). 

DOT also seeks to award projects that address equity and environmental justice, 

particularly for communities that have experienced decades of underinvestment 

and are most impacted by climate change, pollution, and environmental hazards, 

consistent with EO 14008, Tackling the Climate Crisis at Home and Abroad (86 

FR 7619). Section E provides more information on the specific measures a 

project located on a Federal lands transportation facility or Federal lands access 

transportation facility may undertake to support these goals.

Workforce Development, Job Quality, and Wealth Creation

DOT intends to use the NSFLTP Program to support the creation of goodpaying jobs with the free and fair choice to join a union and the incorporation 

of strong labor standards and training and placement programs, especially 

registered apprenticeships, in project planning stages, consistent with EO 

14025, Worker Organizing and Empowerment (86 FR 22829), and EO 14052, 

Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335). 

DOT also intends to use the NSFLTP Program to support wealth creation, 

consistent with the DOT’s Action Plan through the inclusion of local inclusive 

economic development and entrepreneurship such as the utilization of 

Disadvantaged Business Enterprises, Minority-owned Businesses, Women- 
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owned Businesses, or 8(a) firms. Section E provides more information on the 

specific measures a project located on a Federal lands transportation facility or 

Federal lands access transportation facility may undertake to support these 

goals.

3. Additional Information

DOT and FHWA are committed to considering project funding decisions 

holistically among the various discretionary grant programs available in BIL. 

DOT and FHWA also recognize that applicants may be seeking funding from 

multiple discretionary grant programs and opportunities. An applicant may seek 

the same award amounts from multiple DOT discretionary opportunities or seek a 

combination of funding from multiple DOT opportunities. The applicant should 

identify any other DOT programs and opportunities they intend to apply for (or 

utilize if the Federal funding is already available to the applicant), and what 

award amounts they will be seeking, in the appropriate sections of this NOFO.

B. FEDERAL AWARD INFORMATION

1. Amount Available – For FY 2023, per BIL, the Secretary may award up to

$88.29 million. This includes $55 million in contract authority authorized 

from the Highway Trust Fund for the NSFLTP, which is reduced to $48.29 

million due to the imposition of the FY 2023 obligation limitation contained 

in the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), and an 

additional $40 million in FY 2023 General Funds appropriated in the 

Consolidated Appropriations Act, 2023. Of the amounts made available to 

carry out this program, 50 percent shall be used for eligible projects on
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Federal lands transportation facilities and Federal lands access 

transportation facilities (as those terms are defined in Section 101(a) of Title 

23 U.S.C.); and 50 percent shall be used for eligible projects on Tribal 

transportation facilities (as that term is defined in Section 101(a) of Title 23

U.S.C.). In addition, for the $40 million made available by the 

Consolidated Appropriations Act, 2023, at least $20 million must be setaside for grants to Tribal governments. 

2. Award Size – The NSFLTP Program provides discretionary funding for 

projects that have an estimated construction cost of at least $12.5 million. 

FHWA reserves the right to award less than the maximum amount presented 

in the application. The Federal Government is not obligated to make any 

Federal award as a result of the announcement, and the announcement of an 

award does not guarantee funding to the successful applicant. FHWA will 

only obligate funds to successful applicants upon execution of a grant 

agreement.

3. Availability of Funds – The funds provided for this program for FY 2023 

are available for obligation until September 30, 2026. 

C. ELIGIBILITY INFORMATION

1. Eligible Applicants

a. Per the FAST Act, Section 1123(b), entities eligible to receive funds 

under the Federal Lands Access Program (23 U.S.C. § 204), the Federal 

Lands Transportation Program (23 U.S.C. § 203), the Tribal 

Transportation Program (23 U.S.C. § 202), and the Federal Lands 
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Planning Program (23 U.S.C. § 201) may apply for funding under the 

NSFLTP Program, except that a State, county, or unit of local 

government may apply for funding under the NSFLTP Program only if 

sponsored by an eligible Federal Land Management Agency (FLMA) or 

federally recognized Tribe.

b. FLMA and Tribes will provide a list of project applications they are 

sponsoring from their organization on behalf of State or local 

governments.

I. To promote effective communication and coordination, an FLMA 

or Tribe should identify one individual within their organization 

who will serve as Sponsorship Coordinator. 

II. The Sponsorship Coordinator is responsible for providing the list 

of sponsored projects to the NSFLTP Program contacts listed on 

page 1 of this NOFO. The use of Grants.gov permits a wide 

range of eligible applicants to enter project applications. The 

Sponsorship Coordinator role ensures applications have been 

coordinated through and approved by FLMA and/or Tribal 

leaders.

III. The list of sponsored projects should provide enough detail so 

that FHWA can match the projects to those received via 

Grants.gov.

IV. A list of Sponsorship Coordinators can be obtained from the 

NSFLTP Program contacts listed on page 1 of this NOFO, or at
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the following Website – 

https://flh.fhwa.dot.gov/programs/nsfltp/. 

c. FLMAs and Tribes may sponsor applications on behalf of:

I. A State or group of States;

II. A metropolitan planning organization (MPO);

III. A unit of local government or group of local governments;

IV. A political subdivision of a State or local government;

V. A special purpose district or public authority with a 

transportation function, including a port authority; 

VI. A group of FLMAs;

VII. A consortium of Tribal governments; or

VIII. A multi-State or multijurisdictional group of public entities.

d. Recipients of NSFLTP Program funding are responsible for 

meeting reporting requirements.

2. Cost Sharing and Matching

a. The Federal share of the total cost of projects on a Tribal transportation 

facility shall be up to 100 percent, meaning that no cost sharing or 

matching funds are required for Tribal transportation facility projects. 

For projects on all other facilities, the Federal share shall be up to 90 

percent, meaning the recipient must provide at least 10 percent in 

matching funds. 

b. The non-Federal share can be:
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I. Any other Federal funds1; 

II. Any private or public source;

III. Donations of funds, materials, services, right-of-way 

acquisition, or utility relocation; or

IV. Tapered match, which is a form of Federal-aid matching 

flexibility that allows a project's Federal share to vary over the 

life of the project as long as the final contribution of Federal 

funds does not exceed the project's maximum authorized share. 

Applicants should indicate that a tapered match will be sought 

within the project narrative when describing how the nonFederal share will be funded.

c. Matching funds are subject to the same Federal requirements as NSFLTP 

Program funds and requirements in 2 CFR 200.306, Cost sharing or 

matching. Funds used for preliminary engineering including highway 

design, may not be applied as match as these are ineligible activities under 

this program. The application and project agreement must document the 

match requirement and any related commitments. Costs incurred prior to 

the grant agreement award are not eligible as matching funds, without 

prior approval from FHWA.

d. Toll credits under 23 U.S.C. §120(i) cannot be used to satisfy the 

statutory cost sharing requirement of a NSFLTP award.

3. Grant Eligibility Requirements - To meet the minimum statutory requirements

1 Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58) § 11127(2); FAST Act § 1123(g)(2)
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for eligibility, a project must meet all the following conditions:

a. The project is a single continuous project;

b. The project meets at least one of the following definitions of 

transportation facilities from 23 U.S.C. § 101, except that such facilities 

are not required to be included in an inventory described in 23 U.S.C. § 

202 or 23 U.S.C. § 203: 

I. “Federal lands transportation facility,” which means a public 

highway, road, bridge, trail, or transit system that is located on, 

is adjacent to, or provides access to Federal lands for which 

title and maintenance responsibility is vested in the Federal 

Government;

II. “Federal lands access transportation facility,” which means a 

public highway, road, bridge, trail, or transit system that is 

located on, is adjacent to, or provides access to Federal lands for 

which title or maintenance responsibility is vested in a State, 

county, town, township, Tribal, municipal, or local government; 

or

III. “Tribal transportation facility,” which means a public 

highway, road, bridge, trail, or transit system that is located 

on or provides access to Tribal land; 

c. The project demonstrates completion of all activities required under

the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. § 

4321 et seq.) through: 
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I. A record of decision, if the NEPA class of action 

is an environmental impact statement;

II. A finding of no significant impact, if the NEPA class of action 

is an environmental assessment; or

III. A determination that the project is a categorical exclusion 

(CE) under the lead Federal Agency’s NEPA procedures; 

d. The project must have estimated construction costs, based on the 

results of preliminary engineering, equal to or greater than

$12,500,000; and

e. The project will use NSFLTP Program funds only for construction, 

reconstruction, or rehabilitation of transportation facilities. Project 

design activities are not eligible for NSFLTP Program funds or 

allowable toward match requirements. In addition, activities involved 

in the construction, reconstruction, or rehabilitation of transportation 

facilities do not include maintenance activities. For example, 

constructing publicly accessible facilities for a transit system, such as a 

bus shelter for awaiting passengers, would qualify as a construction 

activity. Building a maintenance structure for buses as part of a transit 

facility would qualify as a maintenance activity and would be 

ineligible for funding. 

4. The project may be in either an urban or rural area. For purposes of this notice, 

FHWA will consider a project to be in a rural area if the entirety of the project 
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is located outside of an urban area2, as defined under 23 U.S.C. § 101(a)(36). 

Rural and urban definitions differ in some other DOT programs, including the 

Transportation Infrastructure Finance and Innovation Act and the Nationally 

Significant Freight and Highway Projects Program.

D. APPLICATION and SUBMISSION INFORMATION

1. Address to Request Application – Applications must be accessed at and 

submitted to Grants.gov.

2. Content and Form of Application Submission – Applicants must include in the 

application package the following:

a. Standard Form 424 (Application for Federal Assistance);

b. Standard Form 424C (Budget Information for Construction Programs);

c. Standard Form 424D (Assurances for Construction Programs);

d. Grants.gov Lobbying Form (Certification Regarding Lobbying)

e. Disclosure of Lobbying Activities form (SF-LLL)

f. A cover page, including the following chart:

Project Name

Total Project Cost $ 

NSFLTP Program Grant Request 

Amount

$ 

Federal (DOT) Funding including

Program Funds Requested

$ 

Total non‐Federal Funding $ 

2 Defining Census Bureau Urban Areas - https://www.census.gov/library/video/2022/defining-census-bureau-urbanareas.html.
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Is the project within, adjacent to,

or accessing Federal and/or 

Tribal land

Yes/No

g. Completed NEPA document;

h. A project narrative – The application must include information required 

for FHWA to determine that the project satisfies the eligibility 

requirements described in Section C above. The project narrative 

should include basic project information, a detailed project budget, 

information for FHWA to assess the applicable project merit criteria 

specified in Section E.1.a and E.1.b, and information for FHWA to 

assess the project readiness of the project. FHWA recommends the 

project narrative adhere to the following basic guidelines to clearly 

address the program requirements and make critical information readily 

apparent. While applicants are not required to follow the specific 

format described here, 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, FHWA encourages applicants to cross-reference from this 

section of their application to relevant substantive information in other 

sections of the application. If possible, Website links to supporting 

documentation should be provided rather than copies of these 

supporting materials. If supporting documents are submitted, 
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applicants should clearly identify within the project narrative the 

relevant portion of the project narrative that each supporting document 

supports. FHWA recommends a table of contents and using 

appropriately descriptive final names (e.g., “Project Narrative,”

“Maps,” “Memoranda of Understanding and Letters of Support,” etc.) 

for all attachments. To the extent practicable, applicants should provide 

supporting data and documentation in a form that is publicly available 

and directly verifiable by FHWA. FHWA may share application 

information within DOT or with other Federal Agencies if FHWA 

determines that sharing is relevant to the respective program’s 

objectives.

I. Project Description – Describe what activities the requested 

NSFLTP Program funds and matching funds will support, how 

the project is nationally significant based on authorized criteria 

and the Secretary’s and FHWA’s objectives, information on the 

expected users of the project, a description of the transportation 

challenges the project aims to address, how the project will 

address these challenges, the project’s history, and a description 

of any previously incurred costs. 

II. Project Location – Provide a detailed description of the location 

of proposed project and geospatial data, if available, for the 

project, as well as a map of the project’s location and its 

connections to existing transportation infrastructure.
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III. Project Parties – Provide information about who is involved and 

their respective roles in supporting the project.

IV. Grant Funds, Sources, and Uses of Project Funds – 

i. Funding – Describe the project’s budget in detail and 

the plans for covering the full cost of the project from 

all sources, including the Federal share and any 

applicable matching share. Document the funding 

that will be used to construct this project, including 

past or pending Federal funding requests for this 

project. Include the size, nature, and source(s) of the 

required match for those funds, if applicable. For 

projects on non-Tribal transportation facilities, 

demonstrate that the requested NSFLTP Program 

funds do not exceed 90 percent of project costs. For 

Tribal transportation facilities, the entire project may 

be funded with NSFLTP funds with no match or cost 

sharing required.

ii. Budget – Provide a detailed project budget containing 

a breakdown of how the funds will be spent. The 

budget should estimate – by dollar amount and 

percentage of cost – the cost of construction work for 

each project component. The budget should identify 

other Federal funds the applicant is applying for or 
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has been awarded, if any, that the applicant intends to 

use. Funding sources should be grouped into three 

categories: (1) non-Federal; (2) NSFLTP Program 

funding being requested; and (3) other Federal 

funding with specific amounts from each funding 

source. The budget should be detailed enough to 

demonstrate that the project satisfies the NSFLTP 

Program cost-sharing requirements described in 

Section C.2, if those are applicable, and those 

associated with any additional category of Federal 

funding. The budget should clearly identify any 

expenses expected to be incurred between the 

applicant being selected for award, and obligation of 

NSFLTP Program funds because such expenses, 

except as authorized by FHWA, are not eligible for 

reimbursement and may not be used toward the nonFederal match requirements.

iii. Criteria

• Statutory Criteria – The project narrative should include 

sufficient information for FHWA to evaluate how well 

the project aligns with the statutory criteria described in 

Section E.1.a. below. 

• Discretionary Criteria – The project narrative should
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include sufficient information for FHWA to evaluate 

how well the project aligns with Discretionary Criteria 

described in Section E.1.b. As noted previously, 

applications for projects on Tribal transportation 

facilities are exempt from addressing Discretionary 

Criteria II, III, IV, and V. FHWA will not require nor 

consider those criteria in evaluating proposed projects 

on Tribal transportation facilities.

V. Indicate if this project is urban or rural, per the definition of these 

terms provided in Section C.

VI. To the extent practicable, provide data and evidence of project 

merits in a form that is verifiable or publicly available. FHWA 

may ask any applicant to supplement data in its application but 

expects applications to be complete upon submission. 

VII. 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 FHWA to evaluate whether the project is reasonably expected 

to begin construction well within the period of funding 

availability. To assist FHWA’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
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sections. Applicants are not required to follow the specific format 

described below, but this organization, which addresses each 

relevant aspect of project readiness, promotes a clear discussion 

that assists project evaluators. Guidance describing how FHWA 

will evaluate a project’s readiness is described in Section E.1 of 

this notice. Applicants also should review that section before 

considering how to organize their application. 

i. 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 NSFLTP 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.

ii. 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 
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Statewide Transportation Improvement Program), 100 

percent design completion; right-of-way acquisition; 

approval of plans, specifications and estimates; 

procurement; project partnership and implementation 

agreements including agreements with railroads; and 

construction. The project schedule should be 

sufficiently detailed to demonstrate that:

• All necessary activities will be complete to allow

NSFLTP funds to be obligated sufficiently in 

advance of the statutory deadline (September 30, 

2026, for FY 2023 funds), and that any 

unexpected delays will not put the funds at risk 

of expiring before they are obligated;

• The project can begin construction quickly 

upon obligation of NSFLTP funds, and that the 

grant funds will be spent expeditiously once 

construction starts; and

• All real property and right-of-way acquisition 

will be completed in a timely manner in 

accordance with Title 49, Code of Federal 

Regulations (CFR), part 24, 23 CFR part 710, 

and other applicable legal requirements or a 

statement that no acquisition is necessary. A 
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plan for securing any required right-of-way 

agreements should be included. 

iii. Required Approvals.

• Environmental Permits and Reviews. The 

NEPA review must be complete at the time of 

application submittal. The application should 

demonstrate receipt (or reasonably anticipated 

receipt) of all environmental approvals and 

permits, other than NEPA, 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. Specifically, the 

application should include:

• Information about the NEPA 

documentation of the project. An 

applicant should indicate the date of 

completion of the NEPA process and 

provide a Website link or other reference 

to the final CE, Finding of No Significant 

Impact, Record of Decision, and any other 

NEPA documents prepared. If the last
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Agency action with respect to NEPA 

documents occurred more than 3 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 reconsideration requirements.

• Information on reviews, approvals, and 

permits by other agencies. An application 

should indicate whether the proposed 

project requires reviews or approval 

actions by other agencies3

, 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

3 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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of any reviews, approvals, and permits 

prepared.

• Environmental studies or other 

documents— preferably through a Website 

link—that describe in detail known project 

impacts, and possible mitigation for those 

impacts.

• A description of discussions with the 

appropriate FHWA field or Headquarters 

office regarding the project’s compliance 

with NEPA and other applicable Federal 

environmental reviews and approvals. 

• A description of public engagement about 

the project that has occurred. Successful 

public engagement shows involvement 

with the general public, governmental 

entities - including cities, local 

governments, regional and MPOs - 

federally recognized Tribes, labor 

organizations, private sector/industry 

representatives, representatives of the 

transportation and freight logistics 

industries, State public transportation
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agencies, and especially, rural, 

underserved and disadvantaged 

communities. Applications should include 

details on the degree to which public 

comments and commitments have been 

integrated into project development and 

design, as well as information about how 

engagement opportunities have been made 

accessible for persons with disabilities and 

persons with limited English proficiency.

• 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 

State 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.

VIII. Assessment of Project Risks and Mitigation Strategies. Project 

risks, such as procurement delays, environmental uncertainties,
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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 to mitigate those risks. The applicant should 

assess the greatest risks to the project and identify how the 

project parties will mitigate those risks.

3. Unique entity identifier and System for Award Management (SAM) – 

a. Each applicant must:

I. Be registered in SAM.gov before submitting its application;

II. Provide a valid unique entity identifier in its application; and

III. Continue to maintain an active SAM.gov 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. FHWA may not award a grant to an applicant 

until the applicant has complied with all applicable unique entity 

identifier and SAM.gov requirements and, if an applicant has not 

fully complied with the requirements by the time FHWA is ready 

to make a grant, FHWA may determine that the applicant is not 

qualified to receive a grant and use that determination as a basis 

for making a grant to another applicant.

4. Submission Dates and Times – 
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a. Deadline – Applications must be submitted by 11:59 P.M. EST on the 

date identified on Page 1 of this NOFO. Information regarding awards 

and available funding will be posted to the Website cited on page 1 of 

this NOFO.

b. To submit an application through Grants.gov, applicants must:

I. Register at www.SAM.gov and obtain a Unique Entity 

Identifier;

II. Create a Grants.gov username and password; and

III. Respond to the registration email sent to the applicants EBusiness point of contact (POC) from Grants.gov and login at 

Grants.gov to authorize the applicant as the Authorized 

Organization Representative (AOR).

c. Please note there can be more than one AOR for an organization.

Applicants are encouraged to submit applications in advance of the 

application deadline; however, applications will not be evaluated, and 

awards will not be made until after the application deadline.

d. Please note the Grants.gov registration process usually takes 2-4 weeks 

to complete and FHWA 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
29

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. 

e. Consideration of Applications – Only applicants who comply with all 

submission deadlines described in this notice and electronically submit 

valid, sponsor-approved applications through Grants.gov will be 

considered for award. Applicants are strongly encouraged to make 

submissions in advance of deadlines. FHWA may, but is not required 

to, request additional information to allow an applicant to confirm, 

correct, or complete missing information in the project application.

f. Late Applications – Applications received after the deadline will 

not be considered. 

5. Intergovernmental Review – The NSFLTP Program is not subject to the 

Intergovernmental Review of Federal programs under EO 12372. 

6. Funding Restrictions – Developmental phase activities including planning, 

feasibility analysis, revenue forecasting, environmental review, preliminary 

engineering, design, and other preconstruction activities are not eligible for 

funding under the NSFLTP Program. 

7. Other Submission Requirements – 

a. Include a table of contents, maps, and graphics, as appropriate, to make 

the information easier to review.

b. FHWA recommends that the project narrative not exceed 10 pages, 

excluding supporting documentation, and be prepared with as a 
30

single- spaced document, using a standard 12-point font such as 

Times New Roman, with 1-inch margins.

a. Provide Website links to supporting documentation rather than copies 

of these supporting materials. If supporting documents are submitted, 

clearly identify the relevant portion of the project narrative that each 

document supports.

b. FHWA recommends using appropriately descriptive names (e.g., 

“Project Narrative,” “Maps,” “Memoranda of Understanding and 

Letters of Support,” etc.) for all attachments.

c. The complete application must be submitted via www.Grants.gov. In

the event of system problems or the applicant experiences technical 

difficulties, contact Grants.gov technical support via telephone at 1-800- 

518-4726 or email at support@grants.gov. 

E. APPLICATION REVIEW INFORMATION

FHWA will award the NSFLTP Program funds based on the selection criteria and 

policy considerations outlined below, 

1. Criteria

a. Statutory Criteria – In accordance with the FAST Act, Section 1123, 

when selecting projects for funding under the NSFLTP Program, 

FHWA will consider the extent to which the project:

I. Furthers the goals of DOT, including safety, state of good 

repair, economic competitiveness, and quality of life, by 

considering:
31

i. The project’s safety improvements compared to a 

baseline in which the project is not done; 

ii. Technical data provided about existing facilities in poor 

repair or, where the project is new construction, the 

extent to which the existing conditions demonstrate a 

need for new transportation facilities;

iii. The project’s economic benefits – such as travel time 

savings, vehicle operating cost savings, and emissions 

reductions – compared to a baseline in which the 

project is not done; 

iv. How the project is expected to improve the quality of 

life for a local community and/or the traveling public, 

providing data and analysis where relevant and feasible, 

such as estimates of trips and/or vehicle miles traveled.

II. Improves the condition of critical transportation facilities, 

including multimodal facilities. FHWA will evaluate this 

criterion by considering the extent to which the project improves 

the condition of a transportation facility, whether the facility is 

multimodal, and the critical nature of the facility. Examples 

may include but are not limited to: a bridge in poor condition 

that may be subject to closure in the absence of funds; or a 

primary transportation facility that provides access to critical 

community services, high use recreation destination areas, or
32

other economic generators within Tribal and/or Federal lands.

III. Needs construction, reconstruction, or rehabilitation. FHWA 

will consider data provided by the applicant documenting any 

physical or operational deficiencies of the existing facility that 

would warrant construction, reconstruction, or rehabilitation, 

and how the proposed project will address those deficiencies. 

IV. Has costs matched by funds that are not provided under 

the NSFLTP Program, giving preference to: 

i. Projects with over 50 percent in non-NSFLTP 

Program funding, with additional preference given to 

projects that exceed even this threshold; followed by

ii. Projects with between 30 percent and 50 percent in nonNSFLTP Program funding; followed by

iii. Projects with between 10 percent and 29 percent in nonNSFLTP Program funding; followed by

iv. Projects with 10 percent or less in non-NSFLTP 

Program funding.

V. Is included in or eligible for inclusion in the National Register of 

Historic Places. A project that meets this criterion will be more 

competitive than a project that does not. 

VI. Uses new technologies and innovations that enhance the 

efficiency of the project. FHWA will assess the extent to 

which the applicant uses innovative strategies promoted by 
33

FHWA’s Every Day Counts initiative. For more information 

on the Every Day Counts initiative, see: 

https://highways.dot.gov/federal-lands/programstribal/partners-resources/every-day-counts. 

VII. Is supported by funds, other than funds received under the 

NSFLTP Program, to construct, maintain, and operate the facility. 

FHWA will consider what other funds exist, besides those 

available for match, to aid in maintenance and operation of the 

facility, as well as the reasonable expectation that those funds will 

remain available. Historical trends, current policy, or future 

feasibility analyses can be used as evidence to substantiate or 

support the claims in the application.

VIII. Spans two or more States. A project that meets this criterion 

will be more competitive than a project that does not.

IX. Serves land owned by multiple Federal Agencies or Tribes.

A project that meets this criterion will be more competitive 

than a project that does not. 

b. Discretionary Criteria – After applying the above preferences, FHWA 

will consider the following key objectives. As noted previously, FHWA 

will not require nor consider the below Discretionary Criteria II, III, IV, 

and V when reviewing applications for projects on Tribal transportation 

facilities. FHWA will still consider the below Discretionary Criteria I 

when reviewing applications for projects on Tribal transportation 
34

facilities.

I. The project’s demonstrated project readiness. During 

application evaluation, FHWA will consider project readiness to 

assess the likelihood of a successful project. In that analysis, 

FHWA will consider three evaluation ratings: Environmental 

Risk, Technical Capacity, and Financial Capacity. The 

Environmental Risk assessment analyzes the project’s 

environmental approvals and likelihood of the necessary 

approval affecting project obligation. The Technical Capacity 

assessment will review the applicant’s capacity to successfully 

deliver the project in compliance with applicable Federal, State, 

and local requirements based on factors including, but not 

limited to, the recipient’s experience working with Federal 

Agencies, previous experience with DOT discretionary grant 

awards, and the technical experience and resources dedicated to 

the project. Technical capacity will also consider the project 

schedule with an emphasis on the completion of plans, 

specifications and estimates and projected timeframe to 

advertise the construction phase of the project. The Financial 

Capacity assessment will review the availability of matching 

funds and whether the applicant presented a complete funding 

package. Risks do not disqualify projects from award, but 

competitive applications clearly and directly describe
35

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.

II. For projects located on a Federal lands transportation facility or 

Federal lands access transportation facility, whether the project 

is located in an underserved community, as defined in EO 

13985, Advancing Racial Equity and Support for Underserved 

Communities Through the Federal Government, Sections 2(a) 

and (b). Applicants are encouraged to use Climate &

Economic Justice Screening Tool (CEJST), a new tool by the 

White House Council on Environmental Quality, that aims to 

help Federal Agencies identify disadvantaged communities as 

part of the Justice40 initiative to accomplish the goal that 40 

percent of benefits from certain Federal investment reach 

disadvantaged communities. Applicants should use CEJST as 

the primary tool to identify disadvantaged communities 

(Justice40 communities). Applicants are strongly encouraged 

to use the USDOT Equitable Transportation Community (ETC) 

Explorer to understand how their community or project area is 

experiencing disadvantage related to lack of transportation 

investments or opportunities. Through understanding how a 

community or project area is experiencing transportationrelated disadvantage, applicants are able to address how the
36

benefits of a project will reverse or mitigate the burdens of 

disadvantage and demonstrate how the project will address 

challenges and accrued benefits. FHWA will NOT require nor 

consider this criterion when reviewing applications for projects 

on Tribal transportation facilities.

III. For projects located on a Federal lands transportation facility 

or Federal lands access transportation facility, the extent to 

which the project reduces GHG emissions and improves 

environmental justice as defined in EO 14096 section 2b.4. 

FHWA will NOT require nor consider this criterion when 

reviewing applications for projects on Tribal transportation 

facilities. FHWA encourages applicants for projects located 

on a Federal lands transportation facility or Federal lands 

access transportation facility to consider reducing GHG 

emissions and improving environmental justice in project 

planning efforts and to incorporate project elements dedicated 

to reducing GHG emissions and improving environmental 

justice.

i. For projects located on a Federal lands transportation 

facility or Federal lands access transportation facility, 

the project will be assigned a Climate Change and 

environmental justice rating based on how it addresses

4 https://www.federalregister.gov/d/2023-08955/p-11
37

these areas.

• Applications that focus on reducing GHG 

emissions and improving environmental justice 

in both planning activities and specific project 

elements will receive a high rating.

• Applications that focus on reducing GHG 

emissions or improving environmental 

justice in planning activities or project 

elements, but not both, will receive a 

medium rating.

• Applications that address this criterion in 

neither planning activities nor project 

elements will receive a low rating.

ii. Applicants choosing to address the planning portion of 

this criterion should describe in detail, provide 

supporting documentation, or otherwise demonstrate 

how they meet at least one of the options below:

• A Local/Regional/State Climate Action Plan 

which results in lower GHG emissions has 

been prepared and the project directly 

supports that Climate Action Plan;

• A Local/Regional/State Equitable 

Development Plan has been prepared and the
38

project directly supports that Equitable 

Development Plan;

• The project sponsor has used tools such as the 

CEJST to identify disadvantaged communities 

or the USDOT ETC Explorer to understand how 

their community or project area is experiencing 

disadvantage related to lack of transportation 

investments or opportunities; or

• A Local/Regional/State Energy Baseline Study 

has been prepared and the project directly 

supports that study.

iii. Applicants choosing to address the project 

components portion of this criterion should describe 

how they meet at least one of the options below:

• The project application demonstrates that the 

project will result in significant GHG emissions 

reductions relative to a no-action baseline and to 

other reasonable alternatives;

• The regional TIP or STIP primarily focuses on 

funding for state of good repair, and clean 

transportation options, including public 

transportation, walking, biking, micro-mobility;

• The project sponsor demonstrates that they have
39

considered improving EJ in a meaningful way by 

demonstrating consideration of EJ in alternatives 

analysis and final project design;

• The project supports a modal shift in freight or 

passenger movement to reduce GHG emissions or 

reduce induced travel demand;

• The project utilizes demand management 

strategies to reduce congestion, induced travel 

demand, and GHG emissions;

• The project incorporates electrification 

infrastructure, zero-emission vehicle 

infrastructure, or both;

• The project funds the purchase of zero-emission 

vehicles or low-emission vehicles;

• The project supports the installation of electric 

vehicle charging stations;

• The project promotes energy efficiency;

• The project serves the renewable energy supply 

chain;

• The project avoids adverse environmental impacts 

to air or water quality, wetlands, and endangered 

species, such as through reduction in GHG, 

improved stormwater management, or improved
40

habitat connectivity;

• The project repairs existing dilapidated or idle 

infrastructure that is currently causing 

environmental harm (e.g., brownfield 

redevelopment);

• The project supports or incorporates the 

construction of energy- and location-efficient 

buildings;

• The project proposes recycling of materials, use of 

materials known to reduce or reverse carbon 

emissions, or both;

IV. For projects located on a Federal lands transportation facility 

or Federal lands access transportation facility, the extent to 

which the project will advance the Racial Equity and Barriers 

to Opportunity Program objective. FHWA will NOT require 

nor consider this criterion for projects located on Tribal 

transportation facilities.

i. FHWA is committed to delivering the benefits of 

Federal investments in climate and sustainable 

transportation to disadvantaged communities. To 

further this goal, FHWA encourages applicants for 

projects located on a Federal lands transportation 

facility or Federal lands access transportation facility
41

to describe credible planning and actions to address 

potential inequities and barriers to equal opportunity in 

the project as reflected in EO 13985, Advancing 

Racial Equity and Support for Underserved 

Communities Through the Federal Government, and 

Section A.2 of this NOFO. 

ii. For projects located on a Federal lands transportation 

facility or Federal lands access transportation facility, 

the application will be assigned a Racial Equity and 

Barriers to Opportunity rating based on how it 

addresses racial equity and barriers to equal 

opportunity in (1) planning and policies and (2) project 

investments.

• Applications that address both planning 

and policies and project investments will 

receive a high rating.

• Applications that address either planning and 

policies or project investment, but not both, 

will receive a medium rating.

• Applications that do not address racial equity 

and barriers to opportunity in either their 

sponsors’ planning and policies or project 

investment will receive a low rating.
42

iii. Applicants intending to address the planning and 

policies component portion of the racial equity and 

barriers to opportunity criterion will have addressed 

this area if the NSFLTP application incorporates any of 

the following, although these are not the only bases

that FHWA may use to determine an application 

addresses this area:

• An equity impact analysis has been completed 

for the project;

• The project sponsor has adopted an equity and 

inclusion program/plan or has otherwise 

instituted equity-focused policies designed to 

ensure equity in the overall project delivery and 

implementation;

• The project sponsor has conducted meaningful 

public engagement on an adopted equity 

program/plan or project, with an explanation 

of how the engagement was processed and

incorporated into transportation planning, ensuring 

that underserved communities are provided a full 

and equitable opportunity to be involved in the 

planning processes and that all public engagement 

opportunities are accessible for persons with
43

disabilities and persons with limited English 

proficiency.

iv. Applicants intending to address the project 

investments component portion of the racial equity 

and barriers to opportunity criterion will need to 

explain how the project either proactively address 

racial equity and barriers to opportunity or redress 

prior inequities and barriers to opportunity, and 

whether those investments are documented by 

previously incurred and/or future costs of the project. 

Examples of Racial Equity and Barriers to 

Opportunity Project Investment include, but are not 

limited to:

• Project investments that improve or newly 

connect underserved communities to 

proactively address barriers to opportunity 

or redress past inequities and barriers to 

opportunity. For example:

o Physical-barrier-mitigating land bridges, 

caps, lids, linear parks, and multimodal 

mobility investments that are directly 

related to the project and either redress 

past barriers to opportunity or that
44

proactively create new connections and 

opportunities for underserved 

communities;

o New or improved infrastructure for 

walking, biking, and rolling access for 

the disabled to reverse the 

disproportional impacts of crashes on 

people of color, and mitigate 

neighborhood bifurcation; and

o New or improved freight access to 

underserved communities to increase 

access to goods and job opportunities 

for those underserved communities.

• Project investments that directly partner with 

underserved communities to proactively 

address barriers to opportunity or redress past 

inequities and barriers to opportunity. For 

example:

o Project sponsor partnerships with land 

banks or land trusts for equitable and fair 

transfer of excess right-of-way, and other 

properties directly related to the project;

o Project sponsor partnerships with, or
45

investments in, multimodal mobility 

providers to proactively address 

potential racial equity and barriers to 

opportunity or redress past inequities 

and barriers to opportunity directly 

related to the project;

• Definitions for “equity5” and “underserved 

communities6

” are found in EO 13985, 

Advancing Racial Equity and Support for 

Underserved Communities Through the 

Federal Government, Sections 2(a) and (b).

V. For projects located on a Federal lands transportation 

facility or Federal lands access transportation facility, the 

extent to which the project will advance Workforce 

Development, Job Quality and Wealth Creation. For these 

projects, FHWA intends to use the NSFLTP Program 

opportunity to support the creation of good-paying jobs 

with the free and fair choice to join a union and the 

incorporation of strong labor standards and workforce 

programs, in particular registered apprenticeships and labor 

management partnerships in project planning stages and 

5 https://www.federalregister.gov/d/2021-01753/p-5 6 https://www.federalregister.gov/d/2021-01753/p-6
46

program delivery. FHWA will NOT require nor consider 

this criterion when reviewing applications for projects 

located on Tribal transportation facilities.

i. For projects located on a Federal lands transportation 

facility or Federal lands access transportation facility, 

the application will be assigned a Workforce 

Development, Job Quality and Wealth Creation rating 

based on how many of the following elements the 

application addresses.

• Applications that address five or more elements 

will receive a high rating.

• Applications that address one to four elements 

will receive a medium rating.

• Applications do not address any elements 

will receive a low rating.

ii. For the Workforce Development, Job Quality and 

Wealth Creation objective, the elements FHWA will 

consider for projects located on a Federal lands 

transportation facility or Federal lands access 

transportation facility are that:

• The project application includes project labor 

agreements (i.e., pre-hire collective 

bargaining agreements between unions and
47

contractors that govern terms and conditions 

of employment for all workers on a 

construction project);

• The project application includes a description 

of how the project will expand strong labor 

standards, including not only compliance 

with prevailing wage requirements but also 

non- construction labor provisions that are 

relevant to the project such as transit, 

railroad, and Buy America protections;

• The project application attests that notice of 

workers’ rights under the National Labor 

Relations Act, prevailing wage laws, and 

EO 11246, Equal Employment Opportunity 

(EEO), and information on whistleblower 

protection laws including the right to report 

safety violations free from intimidation and 

harassment;

• The project application demonstrates a 

commitment to create registered 

apprenticeship positions and use apprentices 

on the funded project, sometimes called an 

apprenticeship utilization requirement (e.g.,
48

requiring that 15 percent of all labor hours 

will be performed by registered apprentices);

• The project application includes high-quality 

workforce development programs to help 

train, place, and retain people in good-paying 

jobs. This could include project goals or 

requirements for participation in preapprenticeship, registered apprenticeship, or 

other State approved training programs, if 

applicants can explain how their program 

leads workers from underrepresented 

populations to fill journey worker positions. 

Workforce development programs could be 

invested in by the project sponsor or created 

in partnership with workforce entities like 

workforce boards or community colleges;

• The project applicant provides supportive 

services and cash assistance to address 

systemic barriers to employment to be able to 

participate and thrive in training and 

employment, including childcare, emergency 

cash assistance for items such as tools, work 

clothing, application fees and other costs of
49

apprenticeship or required pre-employment 

training, transportation and travel to training 

and work sites, and services aimed at helping 

to retain underrepresented groups like 

mentoring, support groups, and peer 

networking;

• The project applicant demonstrates a 

commitment to good-paying jobs with the free 

and fair choice to join a union by investing in 

workforce development services offered by 

labor-management training partnerships or 

setting expectations for contractors to develop 

labor-management training programs;

• The project applicant leverages formula 

and/or discretionary funds, outside of the 

NSFLTP Program, to support workforce 

development;

• The project application describes a 

State/Regional/Local comprehensive plan to 

promote equal opportunity, including 

removing barriers to hire and preventing 

harassment on work sites, and that plan 

demonstrates action to create an inclusive
50

environment with a commitment to equal 

opportunity, including: 

o Affirmative efforts to remove barriers to 

EEO above and beyond complying with 

Federal law and proactive partnerships 

with the U.S. Department of Labor’s 

(DOL) Office of Federal Contract 

Compliance Programs (OFCCP) to 

promote compliance with the requirements 

of EO 11246, EEO; 

o No discrimination in the use of 

criminal background screens and taking 

affirmative steps to recruit and include 

those with former justice involvement, 

in accordance with the Fair Chance Act 

and equal opportunity requirements; 

o Efforts to prevent harassment based on 

race, color, religion, sex, sexual 

orientation, gender identity, and national 

origin;

o The inclusion of training on 

anti- harassment and third-party 

reporting procedures, and robust
51

anti-retaliation measures, 

covering employees and 

contractors.

• The project application shows an approach 

to address local inclusive economic 

development and entrepreneurship such as 

outreach to and solicitation of small and 

disadvantaged businesses.

2. Review and Selection Process – FHWA will review all eligible applications 

received by the deadline. The review and selection process will consist of a 

Technical Review and Senior Review. All eligible applications will be rated 

first with statutory criteria. After that, they will be evaluated with applicable 

discretionary criteria.

a. Technical Review - In the Technical Review, a team comprising 

technical staff from FHWA will review all eligible applications and rate 

each project’s alignment with the statutory selection criteria, using the 

following guidelines: 

I. Highly Recommended – The project aligns extremely well with 

the objectives of the statutory criteria under consideration. 

Projects with four or more criteria rated as “Strong Alignment” 

are likely to receive this rating, as well as projects that have 

“Alignment” with all the statutory criteria.

II. Recommended – The project aligns well with the objectives of
52

the statutory criteria. Projects with at least one criterion rated 

as “Strong Alignment” or that have “Alignment” with most of 

the statutory criteria (5 or more) are likely to receive this 

rating.

III. Acceptable – The project somewhat aligns well with the 

objectives of the statutory criterion under consideration. 

Projects with no criteria rated as “Strong Alignment” but with 

several criteria rated as “Alignment” are likely to receive this 

rating.

IV. Not Recommended – The project does not align well with 

objectives of the statutory criterion under consideration or does 

not align with eligibility criteria.

b. The Senior Review Team, comprising senior leadership from FHWA, 

will determine which projects to advance to FHWA Administrator.

c. The final funding decisions will be made by FHWA Administrator.

d. FHWA may, during the selection process, discuss with an applicant the 

feasibility of potentially being awarded a lesser amount than originally 

requested in the application due to the quantity, size, and scope of the 

applications received in response to this notice and the results of the 

application review process. Discussions do not obligate FHWA to make 

an award.

3. Additional Information – 

Risk Assessment - Prior to award, each selected applicant will be
53

subject to a risk assessment required by 2 CFR 200.206. FHWA 

must review and consider any information about the applicant that is 

in the designated integrity and performance system accessible 

through SAM.gov, currently the Federal Awardee Performance and 

Integrity Information System (FAPIIS). An applicant may review 

information in FAPIIS and comment on any information about 

itself. FHWA 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. FHWA reserves the right to deny an award based on the 

results of the risk assessment.

F. FEDERAL AWARD ADMINISTRATION INFORMATION

1. Federal Award Notices – FHWA will announce awarded projects by posting a 

list of selected projects at https://flh.fhwa.dot.gov/programs/nsfltp/. Notice of 

selection is not authorization to begin performance or to incur costs for the 

proposed project. Following the announcement, FHWA will contact the POC 

listed in form SF-424 to initiate negotiation of a project-specific agreement. If 

the negotiations do not result in an acceptable submittal, FHWA reserves the 

right to terminate the negotiation and decline to fund the applicant. Unless 

authorized by FHWA in writing after FHWA’s announcement of NSFLTP 

Program selections, any costs that a recipient incurs before FHWA executes a 

grant agreement for that recipient’s project are ineligible for reimbursement
54

and are ineligible match for cost share requirements.

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. In addition, applicable Federal 

laws, rules, and regulations of FHWA will apply to the projects that receive 

NSFLTP Program funds, including planning requirements, agreements, Buy 

America compliance, and other grant program requirements.

a. NEPA of 1969 – Funding recipients must comply with NEPA under 42

U.S.C. part 4321 et seq. and the Council on Environmental Quality’s 

NEPA implementing regulations at 40 CFR parts 1500-1508, where 

applicable.

b. Other Administrative and Policy Requirements

I. As expressed in EO 14005, Ensuring the Future Is Made in All 

of America by All of America’s Workers (86 FR 7475), it is the 

policy of the executive branch to maximize, consistent with law, 

the use of goods, products, and materials produced in, and 

services offered in, the United States. Infrastructure projects are 

subject to the Build America, Buy America Act (Pub. L. No 

117- 58, div. G sections 70901–70927), as well as subject to the 

Buy America requirements (23 U.S.C. § 313) and Buy American 

requirements (41 U.S.C. § 8301 et seq.), as applicable. FHWA 

expects all recipients to be able to complete their projects
55

without needing a waiver. However, to obtain a waiver, a 

recipient must be prepared to demonstrate how they will 

maximize the use of domestic goods, products, and materials in 

constructing their project. Projects under this notice may be 

subject to the domestic preference requirements at 23 U.S.C.

§ 313, 41 U.S.C. § 8301 et seq. and section § 70914 of the Build 

America, Buy America Act, as implemented by the Office of 

Management and Budget (OMB) and FHWA. Except as 

authorized under waivers issued by FHWA, those statutes 

generally require the steel, iron, manufactured products, and 

construction materials used in a project to be produced in the 

United States. For additional information on 23 

U.S.C. § 313, see

https://www.fhwa.dot.gov/construction/cqit/buyam.cfm.

II. NSFLTP Program award applicants should demonstrate that they 

have a plan for compliance with civil rights obligations and 

nondiscrimination laws, including the Americans with 

Disabilities Act (ADA), Section 504 of the Rehabilitation Act, 

Title VI of the Civil Rights Act of 1964, and accompanying 

regulations. Recipients of Federal transportation funding will be 

required to comply fully with DOT guidance for authorities 

related to the ADA, 49 CFR part 21 and Title VI of the Civil 

Rights Act of 1964, Section 504 of the Rehabilitation Act of 
56

1973, and all other applicable civil rights requirements. This 

should include a current Title VI plan, completed Community 

Participation Plan, or timeline for completion as referenced in 

Section E. In addition, to the extent practical, FHWA encourages 

projects funded with NSFLTP Program funds to adhere to the 

proposed Public Rights-of-Way Accessibility Guidelines.

FHWA’s Office of Civil Rights may work with awarded grant 

recipients to ensure full compliance with Federal civil rights 

requirements.

III. In connection with any program or activity conducted with or 

benefiting from funds awarded under this notice, recipients of 

funds must comply with all applicable requirements of Federal 

law, including, without limitation, the Constitution of the 

United States; the conditions of performance, nondiscrimination 

requirements, and other assurances made applicable to the 

award of funds in accordance with regulations of DOT and 

FHWA; and applicable Federal financial assistance and 

contracting principles promulgated by OMB. In complying

with these requirements, recipients, in particular, must ensure 

that no concession agreements are denied, or other contracting 

decisions made on the basis of speech or other activities 

protected by the First Amendment. If FHWA determines that a 

recipient has failed to comply with applicable Federal
57

requirements, FHWA may terminate the award of funds and 

disallow previously incurred costs, requiring the recipient to 

reimburse any expended award funds. 

IV. Federal Contractor Compliance – As a condition of receiving a 

grant award and consistent with EO 11246, all federally assisted 

contractors are required to make good faith efforts to meet the 

goals of 6.9 percent of construction project hours being 

performed by women, in addition to goals that vary based on 

the geographic area in which the project is located for 

construction work hours and for work being performed by 

people of color.7

 Under Section 503 of the Rehabilitation Act 

and its implementing regulations, affirmative action obligations 

for certain contractors include an aspirational employment goal 

of 7 percent workers with disabilities. The DOL’s OFCCP is 

charged with enforcing EO 11246, Section 503 of the 

Rehabilitation Act of 1973, and the Vietnam Era Veterans’ 

Readjustment Assistance Act of 1974. The OFCCP has a Mega 

Construction Project Program through which it engages with 

project sponsors as early as the design phase to help promote 

compliance with non-discrimination and affirmative action 

obligations. Through the program, OFCCP offers contractors 

and subcontractors extensive compliance assistance, conducts

7 dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf
58

compliance evaluations, and helps to build partnerships 

between the project sponsor, prime contractor, subcontractors, 

and relevant stakeholders. Additional information on how 

OFCCP makes their sections for participation in the Mega 

Construction Project Program is outlined under “Scheduling” 

on the DOL Website: 

https://www.dol.gov/agencies/ofccp/faqs/constructioncompliance.

V. Critical Infrastructure Security and Resilience – It is the policy 

of the United States to strengthen the security and resilience of 

its critical infrastructure against both physical and cyber threats. 

Each applicant selected for NSFLTP Program grant funding 

must demonstrate, prior to the signing of the grant agreement, 

effort to consider and address physical and cyber security risks 

relevant to the transportation mode and type and scale of the 

project. Projects that have not appropriately considered and 

addressed physical and cyber security and resilience in their 

planning, design, and project oversight, as determined by 

FHWA, will be required to do so before receiving funds or will 

be required to complete related actions consistent with 

Presidential Policy Directive 21 – Critical Infrastructure 

Security and Resilience and the National Security Presidential 

Memorandum on Improving Cybersecurity for Critical
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Infrastructure Control Systems, found at 

https://www.cisa.gov/cross-sector-cybersecurity-performancegoals.

VI. Program Evaluation – As a condition of grant award, NSFLTP 

Program grant recipients may be required to participate in an 

evaluation undertaken by DOT or FHWA or another Agency or 

partner. The evaluation may take different forms such as an 

implementation assessment across grant recipients, an impact 

and/or outcomes analysis of all or selected sites within or across 

grant recipients, or a benefit/cost analysis or assessment of 

return on investment. FHWA may require applicants to collect 

data elements to aid the evaluation. As a part of the evaluation, 

as a condition of award, grant recipients must agree to: (1)

make records available to the evaluation contractor; (2) provide 

access to program records, and any other relevant documents to 

calculate costs and benefits; (3) in the case of an impact 

analysis, facilitate the access to relevant information as 

requested; and (4) follow evaluation procedures as specified by 

the evaluation contractor or DOT or FHWA staff.

Recipients and subrecipients are also encouraged to incorporate 

program evaluations, including associated data collection 

activities, from the outset of their program design and 

implementation to meaningfully document and measure their 
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progress. Title I of the Foundations for Evidence-Based 

Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 

(2019) urges Federal awarding Agencies and Federal assistance 

recipients and subrecipients to use program evaluation as a 

critical tool to learn, improve equitable delivery, and elevate 

program service and delivery across the program lifecycle.

Under the Evidence Act, evaluation means “an assessment using 

systematic data collection and analysis of one or more programs, 

policies, and organizations intended to assess their effectiveness 

and efficiency.” Evidence Act section 101 (codified at 5 U.S.C. 

§ 311). Credible program evaluation activities are implemented 

with relevance and utility, rigor, independent and objectivity, 

transparency, and ethics (OMB Circular A-11, Part 6, Section 

290).

For NSFLTP Program grant recipients, evaluation expenses are 

allowable costs (either as direct or indirect costs), unless 

prohibited by statute or regulation, and such expenses may 

include the personnel and equipment needed for data 

infrastructure and expertise in data analysis, performance, and 

evaluation. (2 CFR Part 200). 

3. Reporting – Each recipient of NSFLTP Program funding must submit the 

Federal Financial Report (SF-425) on the financial condition of the project and 

the project’s progress bi-annually, as well as an Annual Budget Review and 
61

Program Plan to monitor the use of Federal funds and ensure accountability and 

financial transparency in the NSFLTP Program. FHWA reserves the right to 

request additional information, if deemed needed, to better understand the status 

of the project. The successful applicant will provide additional financial 

reporting beyond the semi-annual reporting if such statements are necessary to 

address FHWA’s Stewardship and Oversight responsibility of the funds. The 

successful applicant also agrees to allow periodic project inspections and 

FHWA will provide notice for such inspections. 

4. Reporting Matters Related to Integrity and Performance – If the total value of a 

selected recipient’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 information 

reported to SAM.gov and FAPIIS, about civil, criminal, or administrative 

proceedings. This is a statutory requirement under Section 872 of Pub. L. 110- 

417, as amended (41 U.S.C. § 2313). As required by Section 3010 of Pub. L. 

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 CONTACT(S)

For further information concerning this notice please contact:

1. Frances Ramirez, NSFLTP Program Manager, via email at NSFLTPProgram@dot.gov. Office hours are
62

from 8:00 a.m. to 3:30 p.m. EST, Monday through Friday, except Federal 

holidays.

2. For legal questions, please contact Mr. David Serody, Office of the Chief 

Counsel, via email at david.serody@dot.gov, or by phone at (202) 366-4241. 

Office hours are from 9:00 a.m. to 5:30 p.m. EST, Monday through Friday, 

except Federal holidays.

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 methods 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”; (3) 

highlight or otherwise denote the CBI portions; and (4) at the end of the 

document, explain how disclosure of the confidential information would 

cause substantial competitive harm. FHWA protects such information from 

disclosure to the extent allowed under applicable law. In the event FHWA 

receives a Freedom of Information Act (FOIA) request for information that
63

the applicant has marked in accordance with this section, FHWA will follow 

DOT procedures described in its FOIA regulations at 49 CFR 7.29. Only 

information that is in the separate document, marked in accordance with this 

section, and ultimately determined to be confidential under 49 CFR 7.29 will 

be exempt from disclosure under FOIA.

2. FHWA Feedback on Applications – FHWA will not review applications in 

advance, but FHWA staff are available for technical questions and assistance. 

FHWA strives to provide as much information as possible to assist applicants 

with the application process. Unsuccessful applicants may request a debrief 

after the selected funding recipients are publicly announced. 

3. Rural Applicants – User-friendly information and resources regarding DOT’s 

discretionary grant programs relevant to rural applicants can be found on the 

Rural Opportunities to Use Transportation for Economic Success Website at 

www.transportation.gov/rural.

Authority: Section 1123 of Public Law 114-94, as amended by Section 11127 of Public Law

117-58.