Thursday, 

June 24, 2010 

Part V 

Department of 

Health and Human 

Services 

Department of 

Transportation 

Notice of Funding Availability for the 

Department of Housing and Urban 

Development’s Community Challenge 

Planning Grants and the Department of 

Transportation’s TIGER II Planning 

Grants; Notice 


emcdonald on DSK2BSOYB1PROD with NOTICES3
36246 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

DEPARTMENT OF TRANSPORTATION 

[Docket No. FR–5415–N–12] 

Notice of Funding Availability for the 

Department of Housing and Urban 

Development’s Community Challenge 

Planning Grants and the Department of 

Transportation’s TIGER II Planning 

Grants 

AGENCY: Office of Sustainable Housing 

and Communities, Office of the Deputy 

Secretary, HUD; and Office of the 

Secretary, DOT. 

ACTION: Notice of Funding Availability 

(NOFA). 

SUMMARY: This notice announces the 

availability of funding and requests 

proposals for the Department of Housing 

and Urban Development’s (‘‘HUD’s’’) 

Community Challenge Planning Grants 

(‘‘Community Challenge Planning 

Grants’’) in conjunction with a portion 

of the Department of Transportation’s 

(‘‘DOT’s’’) National Infrastructure 

Investments Grants that can be used for 

transportation planning grants. 

On December 16, 2009, the President 

signed the Consolidated Appropriations 

Act, 2010 (Pub. L. 111–117) that 

provided $40 million for HUD’s 

Community Challenge Planning Grants 

and up to $35 million for DOT’s 

transportation planning grants to be 

awarded as part of the National 

Infrastructure Investments program. The 

National Infrastructure Investments 

program is similar, but not identical to, 

the Transportation Investment 

Generating Economic Recovery, or 

‘‘TIGER Discretionary Grant Program.’’ 

Because of the similarity in program 

structure, DOT is referring to the grants 

for National Infrastructure Investments 

under the FY 2010 Appropriations Act 

as ‘‘TIGER II Discretionary Grants’’ and 

the transportation planning grants as 

‘‘TIGER II Planning Grants.’’ 

HUD’s $40 million Community 

Challenge Planning Grant Program will 

foster reform and reduce barriers to 

achieving affordable, economically vital, 

and sustainable communities. Such 

efforts may include amending or 

replacing local master plans, zoning 

codes, and building codes, either on a 

jurisdiction-wide basis or in a specific 

neighborhood, district, corridor, or 

sector to promote mixed-use 

development, affordable housing, the 

reuse of older buildings and structures 

for new purposes, and similar activities 

with the goal of promoting 

sustainability at the local or 

neighborhood level. HUD’s Community 

Challenge Planning Grant Program also 

supports the development of affordable 

housing through the development and 

adoption of inclusionary zoning 

ordinances and other activities such as 

acquisition of land for affordable 

housing projects. 

The Community Challenge Planning 

Grant Program differs from HUD’s 

Sustainable Communities Regional 

Planning Grant Program, a $100 million 

program also created in the FY2010 

Appropriations Act. While the latter 

program is designed to support regional 

planning efforts, the Community 

Challenge Planning Grant Program 

focuses on individual jurisdictions and 

more localized planning. HUD will 

publish a separate NOFA for the 

Sustainable Communities Regional 

Planning Grant Program. 

DOT is authorized to use up to $35 

million of the funds available for TIGER 

II Discretionary Grants for TIGER II 

Planning Grants to fund the planning, 

preparation, or design of surface 

transportation projects that would be 

eligible for funding under the TIGER II 

Discretionary Grant program. 

DOT and HUD have decided to issue 

this NOFA jointly in order to better 

align transportation, housing, economic 

development, and land use planning 

and to improve linkages between DOT 

and HUD’s programs. HUD’s funding is 

designed to target housing, economic 

development, and land use planning 

strategies that will increase the 

efficiency and effectiveness of a related 

transportation project being planned. 

Therefore, DOT and HUD believe this 

joint effort has the potential to 

encourage and reward more holistic 

planning efforts that result in better 

projects being built with Federal dollars. 

The effort is also consistent with the 

Obama Administration’s priority on 

removing artificial barriers between 

Federal programs and barriers to State 

and local governmental level 

innovation. 

On April 26, 2010 (75 FR 21695), DOT 

published an interim notice announcing 

the availability of funding for TIGER II 

Discretionary Grants. Because the 

TIGER II Discretionary Grant program is 

a new program, the interim notice 

requested comments on the proposed 

selection criteria and guidance for 

awarding TIGER II Discretionary Grants. 

In the interim notice, DOT specifically 

requested comments on its intention to 

conduct a multi-agency evaluation and 

award process with HUD for the 

Community Challenge Planning Grants 

and the TIGER II Planning Grants. DOT 

indicated that this multi-agency 

approach for the planning grants would 

be consistent with DOT and HUD’s 

participation in the ‘‘Partnership for 

Sustainable Communities’’ with the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) to help American families in all 

communities—rural, suburban and 

urban—gain better access to affordable 

housing, more transportation options, 

lower transportation costs, and a cleaner 

environment. HUD and DOT have 

considered the comments that were 

submitted in accordance with the 

interim notice and decided to conduct 

a multi-agency evaluation and award 

process. The details of this multi-agency 

planning grant program, including 

information about eligibility, selection 

criteria, and pre-application and 

application requirements are included 

in this joint notice. The final notice for 

the TIGER II Discretionary Grant 

program (the ‘‘TIGER II Discretionary 

Grant NOFA’’) was published on June 1, 

2010 (75 FR 30460). Interested parties 

are encouraged to review the TIGER II 

Discretionary Grant NOFA for more 

information about that program. 

DATES: Pre-applications are due by July 

26, 2010, at 5 p.m. EDT, and 

applications must be submitted by 

August 23, 2010, at 5 p.m. EDT. Only 

pre-applications received and 

applications received through 

Grants.gov will be deemed properly 

filed. Instructions for submitting preapplications and applications are 

included in Section VI. 

FOR FURTHER INFORMATION CONTACT: For 

further information concerning this 

notice please contact the TIGER II 

Discretionary Grant program manager 

via e-mail at TIGERIIGrants@dot.gov, or 

call Robert Mariner at 202–366–8914 

(this is not a toll-free number). A TDD 

is available for individuals who are deaf 

or hearing-impaired, at 202–366–3993 

(this is not a toll-free number). In 

addition, DOT will regularly post 

answers to questions and requests for 

clarifications on DOT’s Web site at 

http://www.dot.gov/recovery/ost/ 

TIGERII. Questions regarding HUD’s 

Community Challenge Planning Grant 

Program should be directed to 

sustainablecommunities@hud.gov or 

may be submitted through the http:// 

www.hud.gov/sustainability Web site. 

HUD’s contact person is Zuleika K. 

Morales-Romero, Office of Sustainable 

Housing and Communities, 451 Seventh 

Street, SW., Washington, DC 20410– 

3000, telephone number 202–402–7683 

(this is not a toll-free number) facsimile 

202–708–0465, or e-mail: 

zuleika.k.morales@hud.gov. For the 

hearing- or speech-impaired, contact the 

above telephone number via TTY by 

dialing the toll-free Federal Information 

Relay Service at 1–800–877–8339. 


emcdonald on DSK2BSOYB1PROD with NOTICES3
Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 36247 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Overview Information 

Full Text Announcement 

I. Funding Opportunity Description 

II. Award Information 

III. Eligibility Information 

IV. Threshold Requirements 

V. Application Review Information 

VI. Application and Submission Information 

VII. Award Administration Information 

VIII. Other Information 

Overview Information 

A. Federal Agency Name: Office of 

Sustainable Housing and Communities, 

Office of the Deputy Secretary, HUD; 

and Office of the Secretary, DOT. 

B. Funding Opportunity Title: 

Community Challenge and 

Transportation Planning Grants. 

C. Funding Opportunity Number: The 

funding opportunity number is FR– 

5415–N–12. Community Challenge and 

Transportation Planning Grant. The 

OMB Approval Number is 2501–0025. 

D. Catalog of Federal Domestic 

Assistance (CFDA) Number: The Catalog 

of Federal Domestic Assistance (CFDA) 

numbers for the HUD Community 

Challenge and DOT TIGER II Planning 

Grant are 14.704 and 20.933, 

respectively. 

E. Additional Overview Information: 

1. Background. 

a. TIGER II Planning Grants. 

On February 17, 2009, the President 

signed the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

05) (Recovery Act), which appropriated 

$1.5 billion of discretionary grant funds 

to be awarded by DOT for capital 

investments in surface transportation 

infrastructure. DOT refers to these 

grants as Grants for Transportation 

Investment Generating Economic 

Recovery or ‘‘TIGER Discretionary 

Grants.’’ DOT solicited applications for 

TIGER Discretionary Grants through a 

notice of funding availability published 

in the Federal Register on June 17, 2009 

(74 FR 28775) (an interim notice was 

published on May 18, 2009 (74 FR 

23226)). Applications for TIGER 

Discretionary Grants were due on 

September 15, 2009, and DOT received 

more than 1,400 applications with 

funding requests totaling almost $60 

billion. Funding for 51 projects was 

announced on February 17, 2010. 

On December 16, 2009, the President 

signed the Fiscal Year (FY) 2010 

Consolidated Appropriations Act, 

which appropriated $600 million to 

DOT for National Infrastructure 

Investments using language that is 

similar, but not identical to, the 

language in the Recovery Act 

authorizing the TIGER Discretionary 

Grants. DOT is referring to the grants for 

National Infrastructure Investments as 

TIGER II Discretionary Grants. The FY 

2010 Appropriations Act permits DOT 

to use up to $35 million of the funds 

available for TIGER II Discretionary 

Grants for TIGER II Planning Grants. 

The TIGER II Discretionary Grant NOFA 

was published on June 1, 2010 (75 FR 

30460), and awards will be announced 

at the same time as awards made under 

this NOFA. 

b. Community Challenge Planning 

Grants. 

The FY 2010 Appropriations Act also 

appropriated $40 million to HUD to 

establish a Community Challenge 

Planning Grant Program ‘‘to foster 

reform and reduce barriers to achieve 

affordable, economically vital, and 

sustainable communities.’’ The 

Community Challenge Planning Grant 

Program differs from HUD’s Sustainable 

Communities Regional Planning Grant 

Program, a $100 million program also 

created in the FY 2010 Appropriations 

Act. While the latter program is 

designed to support regional planning 

efforts, the Community Challenge 

Planning Grant Program focuses on 

individual jurisdictions and more 

localized planning. HUD will publish a 

separate NOFA for the Sustainable 

Communities Regional Planning Grant 

Program. 

2. Available Funds. Up to $75 million, 

including $40 million for Community 

Challenge Planning Grants and up to 

$35 million for TIGER II Planning 

Grants. 

3. Funding Categories. Given the 

range of planning activities that 

potential applicants are trying to 

accomplish, DOT and HUD will support 

a variety of eligible activities spelled out 

in Section III.C.1.a–c. 

4. Authority. The program was 

authorized by the Consolidated 

Appropriations Act, 2010 (Pub. L. 111– 

117, approved December 16, 2009). 

5. Application of HUD’s General 

Section. All applicants accessing 

resources available through HUD’s 

Community Challenge Planning Grants 

are subject to the requirements of the 

General Section to HUD’s FY 2010 

NOFAs for discretionary programs. 

Applicants for such grants should 

carefully review the requirements 

described in this NOFA and HUD’s 

General Section. HUD’s General Section 

is not applicable to applicants accessing 

resources available through TIGER II 

Planning Grants. 

Full Text Announcement 

I. Funding Opportunity Description: 

This notice announces DOT’s and 

HUD’s intention to offer funding 

through a competition made available as 

a NOFA under its Community Challenge 

and TIGER II Planning Grants. 

A. The Partnership for Sustainable 

Communities. This NOFA is being 

initiated in close coordination between 

DOT, HUD and the EPA, through the 

Partnership for Sustainable 

Communities (the Partnership). 

The Partnership was conceived to 

coordinate Federal housing, 

transportation and environmental 

investments, protect public health and 

the environment, promote equitable 

development, and help address the 

challenges of climate change. 

Recognizing the fundamental role that 

public investment plays in achieving 

these outcomes, the Administration 

charged three agencies whose programs 

most directly impact the physical form 

of communities—HUD, DOT, and 

EPA—to lead the way in reshaping the 

role of the Federal government in 

helping communities obtain the 

capacity to embrace a more sustainable 

future. 

One of the first acts of the Partnership 

was to agree to a set of six ‘‘Livability 

Principles’’ to govern the work of the 

Partnership and for each of the three 

agencies to strive to incorporate into 

their policies and funding programs to 

the degree possible. In addition, each 

agency has clear and defined roles: HUD 

will take the lead in funding, evaluating, 

and supporting integrated regional 

planning for sustainable development, 

and will invest in sustainable housing 

and community development efforts. 

DOT will focus on building the capacity 

of transportation agencies to integrate 

their planning and investments into 

broader plans and actions that promote 

sustainable development, and investing 

in transportation infrastructure that 

directly supports sustainable 

development and livable communities. 

EPA will provide technical assistance to 

communities and States to help them 

implement sustainable community 

strategies, and develop environmental 

sustainability metrics and practices. The 

three agencies have made a commitment 

to coordinate activities, integrate 

funding requirements, and adopt a 

common set of performance metrics for 

use by grantees. 

B. Program Goals. 

1. To better align Federal programs to 

support the building of projects that 

further the six Livability Principles 

(listed in rating factor 1 below). 

2. To remove artificial or bureaucratic 

barriers among Federal programs and 

create a more coordinated point of 

contact for State and local governments 

building innovative projects that 

coordinate housing, economic 


emcdonald on DSK2BSOYB1PROD with NOTICES3
36248 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 

1For the 2000 Census, the Census Bureau defined 

an Urbanized Area (UA) as an area that consists of 

densely settled territory that contains 50,000 or 

more people. Updated lists of UAs are available on 

the Census Bureau Web site. Urban Clusters (UCs) 

will be considered rural areas for purposes of this 

NOFA. 

development, transportation, and 

environmental policies and goals. 

II. Award Information 

A. Award Size. For both Community 

Challenge Planning Grants and TIGER II 

Planning Grants, there is no minimum 

grant size, but the maximum grant size 

is $3 million. 

B. Type of Awards. All awards will be 

made in the form of Cooperative 

Agreements. HUD and DOT anticipate 

having substantial involvement in the 

work being conducted under this award 

to ensure the purposes of the grant 

program are being carried out and that 

entities are following through on their 

commitments. This includes making 

progress in meeting established 

performance metrics, and ensuring 

consistency in projects in participating 

jurisdictions that are funded through 

other HUD, DOT, and EPA programs so 

that they are implemented in a manner 

consistent with the Livability 

Principles. 

C. Period of Performance. The period 

of performance shall not exceed 36 

months from the date the funds are 

obligated. All funds awarded must be 

obligated by September 30, 2012. 

D. Statutory Distributional 

Requirements Only Applicable to TIGER 

II Funds. This joint notice was 

developed and is being published in 

conjunction with the TIGER II 

Discretionary Grants NOFA. The 

selection process for TIGER II Planning 

Grants will be conducted in parallel 

with the selection process for TIGER II 

Discretionary Grants, and awards of 

TIGER II Planning Grants are subject to 

several distributional requirements 

under the FY 2010 Appropriations Act. 

These requirements do not apply to 

HUD Community Challenge Planning 

Grants. First, no more than 25 percent 

of the funds made available for TIGER 

II Discretionary Grants (or $150 

million), including any funding used for 

TIGER II Planning Grants, may be 

awarded to projects in a single State. 

Additionally, not less than $140 million 

of the funds provided for TIGER II 

Discretionary Grants, including TIGER II 

Planning Grants, is to be used for 

projects located in rural areas. For 

purposes of this notice, DOT is 

generally defining ‘‘rural area’’ as any 

area not in an Urbanized Area, as such 

term is defined by the Census Bureau1

and will consider a project to be in a 

rural area if all or the majority of a 

project is located in a rural area. Finally, 

on awarding TIGER II Discretionary 

Grants, including TIGER II Planning 

Grants, 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. 

TIGER II Discretionary Grants, 

including TIGER II Planning Grants, 

may be used for up to 80 percent of the 

costs of a project; however, applications 

will be more competitive to the extent 

they include significant non-Federal 

financial contributions. The minimum 

and maximum grant sizes established by 

the FY 2010 Appropriations Act for 

TIGER II Discretionary Grants do not 

apply to TIGER II Planning Grants. 

III. Eligibility Information 

A. Eligible Applicants. State and local 

governments, including U.S. territories, 

tribal governments, transit agencies, 

port authorities, metropolitan planning 

organizations (MPOs), other political 

subdivisions of State or local 

governments, and multi-State or 

multijurisdictional groupings. 

B. Cost Sharing or Leveraging 

Resources. For those seeking TIGER II 

Planning Grants, a 20 percent match is 

required. DOT will consider any nonFederal funds as a local match for 

purposes of this program, whether such 

funds are contributed by the public 

sector (State or local) or the private 

sector. However, DOT will not consider 

funds already expended as a local 

match. The 20 percent matching 

requirement does not apply to projects 

in rural areas. For those seeking HUD 

Community Challenge Planning Grants, 

applicants must provide 20 percent of 

the requested funding amount in 

leveraged resources in the form of cash 

and/or verified in-kind contributions or 

a combination of these sources. In-kind 

contributions may be in the form of staff 

time, donated materials, or services. All 

assistance provided to meet this 

requirement must be identified by their 

dollar equivalent based upon accepted 

salary or regional dollar values. Cash 

contributions may come from any 

combination of local, state and/or 

Federal funds, and/or private and 

philanthropic contributions dedicated 

to the express purposes of this proposal. 

Applicants will receive credit for 

leveraging or matching resources greater 

than 20 percent of the requested amount 

as described in Rating Factor 4. If an 

applicant does not include the 

minimum 20 percent leveraged or 

matched resources with its appropriate 

supporting documentation, that 

application will be considered 

ineligible. 

C. Other Requirements. 

1. Eligible Activities. In order to 

explain the variety of activities eligible 

for funding under this joint notice, the 

activities are described in three 

groupings: 

a. TIGER II Planning Grants: 

Activities related to the planning, 

preparation, or design of surface 

transportation projects, including, but 

not limited to: 

(1) Highway or bridge projects eligible 

under Title 23, United States Code; 

(2) Public transportation projects 

eligible under Chapter 53 of Title 49, 

United States Code; 

(3) Passenger and freight rail 

transportation projects; and 

(4) Port infrastructure investments. 

b. Community Challenge Planning 

Grants: Activities related to the 

following: 

(1) Development of master plans or 

comprehensive plans that promote 

affordable housing co-located and/or 

well-connected with retail and business 

development and discourage 

development not aligned with 

sustainable transportation plans or 

disaster mitigation analyses; 

(2) Development and implementation 

of local, corridor or district plans and 

strategies that promote livability and 

sustainability (see the Livability 

Principles in Section V); 

(3) Revisions to zoning codes, 

ordinances, building standards, or other 

laws to remove barriers and promote 

sustainable and mixed-use development 

and to overcome the effects of 

impediments to fair housing choice in 

local zoning codes and other land use 

laws, including form-based codes and 

inclusionary zoning ordinances to 

promote accessible, permanently 

affordable housing that reduces racial 

and poverty housing concentration and 

expands fair housing choice for lowincome minorities; 

(4) Revisions to building codes to 

promote the energy-efficient 

rehabilitation of older structures in 

order to create affordable and healthy 

housing; 

(5) Strategies for creating or 

preserving affordable housing for low-, 

very low-, and extremely low-income 

families or individuals in mixedincome, mixed-use neighborhoods along 

an existing or planned transit corridor; 

(6) Strategies to bring additional 

affordable housing to areas that have 

few affordable housing opportunities 

and are close to suburban job clusters; 

and 


emcdonald on DSK2BSOYB1PROD with NOTICES3
Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 36249 

(7) Planning, establishing, and 

maintaining acquisition funds and/or 

land banks for development, 

redevelopment, and revitalization that 

reserve property for the development of 

affordable housing within the context of 

sustainable development 

c. Combination of TIGER II Planning 

Grant and Community Challenge 

Planning Grant activities. There are a 

variety of projects that may include 

eligible activities under both the TIGER 

II Planning Grants and the Community 

Challenge Planning Grants programs. 

Rather than have applicants proceed 

through two separate grant application 

procedures, this joint NOFA is intended 

to create one point of entry to Federal 

resources to support related components 

of a single project. To illustrate the 

possible combination of activities, 

please consider the following examples: 

(1) Planning activities related to the 

development of a particular 

transportation corridor or regional 

transportation system, that promotes 

mixed-use, transit-oriented 

development with an affordable housing 

component. 

(2) Planning activities related to the 

development of a freight corridor that 

seeks to reduce conflicts with 

residential areas and with passenger and 

non-motorized traffic. In this type of 

project, DOT might fund the 

transportation planning activities along 

the corridor, and HUD may fund 

changes in the zoning code to support 

appropriate siting of freight facilities 

and route the freight traffic around town 

centers, residential areas, and schools. 

(3) Developing expanded public 

transportation options, including 

accessible public transportation and 

para-transit services for individuals 

with disabilities, to allow individuals to 

live in diverse, high opportunity 

neighborhoods and communities and to 

commute to areas with greater 

employment and educational 

opportunities. 

DOT and HUD are expecting to award 

the TIGER II Planning Grants and the 

Community Challenge Planning Grants 

for planning activities that ultimately 

lead to the development of projects that 

integrate transportation, housing and 

economic development components. 

DOT and HUD plan to make joint 

awards, where appropriate. However, 

we also expect DOT to make awards for 

TIGER II Planning Grant activities alone 

and for HUD to make awards for 

Community Challenge Planning Grants 

alone. Applicants may apply for funding 

from only TIGER II Planning Grants or 

from only Community Challenge 

Planning Grants. To the extent that an 

application has a project that has linked 

activities and would benefit from 

funding and associated activities in both 

DOT and HUD’s programs, applicants 

should indicate that in their application 

and the agencies may both award 

funding to the project, with DOT and 

HUD each awarding its funds for the 

eligible activities under its own 

respective program. However, only one 

application per project will be accepted 

(see Threshold Requirements, Section 

IV.C.). 

IV. Threshold Requirements 

Evaluation teams from DOT and HUD 

will review each pre-application that is 

received on or prior to the PreApplication Deadline and will be 

responsible for analyzing whether the 

pre-application satisfies the following 

key threshold requirements: 

A. The project and the applicant are 

eligible for funding under the TIGER II 

Planning Grant or Community 

Challenge Planning Grant program; and 

B. Local leveraging, or matching funds 

are committed to support 20 percent or 

more of the costs of the transportation 

planning activities to be funded; this 

requirement is not applicable to 

transportation planning projects located 

in rural areas. 

C. Only one application per project 

will be accepted for review. An 

applicant that submits more than one 

application per project may have some 

or all of the submissions deemed 

ineligible. 

D. Resolution of Outstanding Civil 

Rights Matters for Applicants for HUD 

Funding. If you, the applicant: 

1. Have received a charge from HUD 

concerning a systemic violation of the 

Fair Housing Act or a cause 

determination from a substantially 

equivalent state or local fair housing 

agency concerning a systemic violation 

of a substantially equivalent state or 

local fair housing law proscribing 

discrimination based on race, color, 

religion, sex, national origin, disability 

or familial status; 

2. Are a defendant in a Fair Housing 

Act lawsuit filed by the Department of 

Justice alleging a pattern or practice of 

discrimination pursuant to 42 U.S.C. 

3614(a); 

3. Have received a letter of findings 

identifying systemic noncompliance 

under Title VI of the Civil Rights Act of 

1964, Section 504 of the Rehabilitation 

Act of 1973, or Section 109 of the 

Housing and Community Development 

Act of 1974; 

4. Have received a cause 

determination from a substantially 

equivalent state or local fair housing 

agency concerning a systemic violation 

of provisions of a state or local law 

proscribing discrimination in housing 

based on sexual orientation or gender 

identity; or 

5. Have received a cause 

determination from a substantially 

equivalent state or local fair housing 

agency concerning a systemic violation 

of a state or local law proscribing 

discrimination in housing based on 

lawful source of income; and 

a. The charge, cause determination, 

lawsuit, or letter of findings referenced 

in subparagraphs (1), (2), (3), (4), or (5) 

above has not been resolved to HUD’s 

satisfaction before the application 

deadline, then you, the applicant, are 

ineligible for funding. HUD will 

determine if actions to resolve the 

charge, cause determination, lawsuit, or 

letter of findings taken before the 

application deadline are sufficient to 

resolve the matter. 

b. Examples of actions that would 

normally be considered sufficient to 

resolve the matter include, but are not 

limited to: 

c. Current compliance with a 

voluntary compliance agreement signed 

by all the parties; 

(1) Current compliance with a HUDapproved conciliation agreement signed 

by all the parties; 

(2) Current compliance with a 

conciliation agreement signed by all the 

parties and approved by the State or 

local administrative agency with 

jurisdiction over the matter; 

(3) Current compliance with a consent 

order or consent decree; or 

(4) Current compliance with a final 

judicial ruling or administrative ruling 

or decision. 

V. Application Review Information 

A. Criteria. 

1. Rating Factor 1—Purpose and 

Outcomes (35 points): An applicant’s 

score on this rating factor will be based 

on a clear statement of the existing 

condition that the proposed project is 

intended to address and the proposed 

project’s alignment with the six 

‘‘Livability Principles.’’ Applicants that 

demonstrate that their project aligns 

well with the Livability Principles and 

are consistent with any existing region 

wide plans that consider transportation, 

economic development, housing, water, 

and other infrastructure needs and 

investments will receive a higher score. 

The Livability Principles are as follows: 

a. Provide More Transportation 

Choices. Develop safe, reliable and 

affordable transportation choices to 

decrease household transportation costs, 

reduce energy consumption and 

dependence on foreign oil, improve air 

quality, reduce greenhouse gas 

emissions, and promote public health. 


emcdonald on DSK2BSOYB1PROD with NOTICES3
36250 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 

b. Promote equitable, affordable 

housing. Expand location- and energyefficient housing choices for people of 

all ages, incomes, races, and ethnicities 

to increase mobility and lower the 

combined cost of housing and 

transportation. 

c. Enhance Economic 

Competitiveness. Improve economic 

competitiveness through reliable and 

timely access to employment centers, 

educational opportunities, services and 

other basic needs by workers, as well as 

expanded business access to markets. 

d. Support Existing Communities. 

Target Federal funding toward existing 

communities—through strategies like 

transit oriented, mixed-use 

development, and land recycling—to 

increase community revitalization and 

the efficiency of public works 

investments and safeguard rural 

landscapes. 

e. Coordinate Policies and Leverage 

Investment. Align Federal policies and 

funding to remove barriers to 

collaboration, leverage funding, and 

increase the accountability and 

effectiveness of all levels of government 

to plan for future growth, including 

making smart energy choices such as 

locally generated renewable energy. 

f. Value Communities and 

Neighborhoods. Enhance the unique 

characteristics of all communities by 

investing in healthy, safe, and walkable 

neighborhoods—rural, urban, or 

suburban. 

In order for points to be awarded, 

applicants shall also provide data to 

support outcomes of the proposed 

project claimed in the application. 

Based on the project being proposed, the 

applicant shall identify the Livability 

Principle(s) that will be addressed and 

detail how that success will be 

documented. For example, if the 

proposed program intends to expand the 

presence of equitable, affordable 

housing, the applicant should provide 

data to support this claim. 

As there is a wide range of projects 

that can be supported through this 

notice, not every project is expected to 

address all six Livability Principles. 

Points will be awarded based on the 

extent to which the proposed project 

furthers the specifically identified 

principles supported with data. 

The applicant is required to clearly 

identify the benefits or outcomes of its 

proposed program. Because this 

application seeks support to develop a 

plan for a specific project, all of the 

outcomes will not be realized during the 

duration of the grant period. Rather, 

applicants will be evaluated on their 

ability to identify the outcomes they 

seek to achieve, the clarity with which 

they articulate the elements of their plan 

that will help achieve those outcomes, 

and the specificity of the benchmarks 

that they establish to measure progress 

toward a completed product that guides 

all of the necessary work. 

Applicants that receive awards will be 

expected to report on the progress of the 

project and outcomes realized at the 

mid-way point and at the end of the 

term of the grant. Where outcomes have 

been realized, they should be detailed 

and backed with data. For projects that 

must go to construction for many 

benefits to be realized, benchmarks will 

focus more on the progress of plan 

development, any changes in the scope 

of the work that occur during the 

planning process, and how those 

changes might impact the anticipated 

outcomes. 

For projects that must go to 

construction for benefits to be realized, 

benchmarks will focus more on the 

progress of plan development, any 

changes in scope that occur, and how 

those changes might impact the 

anticipated outcomes. 

DOT and HUD recognize that each 

project is unique. As such, the agencies 

are allowing significant latitude to the 

applicant to set the desired outcomes 

that will result from implementation of 

the project. DOT and HUD have 

identified six possible outcomes, listed 

below, from which each applicant must 

select a minimum of two outcomes that 

it must pursue and report on during its 

period of performance. 

a. Travel changes, such as changes in 

mode share or vehicle miles traveled per 

capita. 

b. Impact on affordability and 

accessibility, including the supply of 

affordable housing units, household 

transportation costs, or proportion of 

low- and very-low income households 

within a 30-minute transit commute of 

major employment centers. 

c. Economic development, including 

infill development or recycled parcels of 

land or private sector investment along 

a project or corridor. 

d. Improvement to the state of repair 

of infrastructure. 

e. Environmental benefits, such as 

greenhouse gas or criteria pollutants 

emissions, oil consumption and 

recreational areas or open space 

preserved. 

f. Increased participation and 

decision-making in developing and 

implementing a plan, code, 

development strategy, or project by 

populations traditionally marginalized 

in public planning processes. 

2. Rating Factor 2—Work Plan (35 

points): An applicant’s score on this 

rating factor will be based on how well 

the application addresses the quality 

and cost effectiveness of the proposed 

work plan. Applicants must develop a 

work plan that includes specific 

deliverables, and measurable, timephased objectives for each major 

activity. 

This factor also addresses the 

performance metrics that will be used to 

measure the success of the proposed 

activities. For a proposed project to 

achieve results, expected outcomes and 

outputs must be clearly defined, and 

evaluation must take place to ensure 

that those outcomes and outputs are 

met. Outcomes are the ultimate 

objectives of a project, and outputs are 

the interim activities or products that 

lead to the achievement of those 

objectives. To track progress toward the 

outputs and outcomes, a project must be 

evaluated based upon performance 

measures. Performance measures should 

be objectively quantifiable, and allow 

one to assess the degree of actual 

achievement against the expected 

outputs and outcomes. Applications 

that demonstrate how outputs and 

outcomes are fully defined and easily 

measured will receive a higher score. 

The applicant’s budget proposal 

should thoroughly estimate all 

applicable costs (direct, indirect, and 

administrative), and be presented in a 

clear and coherent format. The 

applicant must thoroughly document 

and justify all budget categories, costs, 

and all major tasks, for the applicant, 

sub-recipients, joint venture 

participants, or other contributing 

resources to the project. 

3. Rating Factor 3—Leveraging and 

Collaboration (15 points): An 

applicant’s score on this rating factor 

will be based on how well the 

application demonstrates the project’s 

ability to obtain other community, local, 

State, private, and Federal support, as 

applicable, and resources that can be 

combined with DOT and HUD program 

resources to achieve program objectives. 

Resources may include cash or in-kind 

contributions of services, equipment, or 

supplies allocated to the proposed 

program. In evaluating this factor, HUD 

and DOT will consider the extent to 

which the applicant has established 

working partnerships with other entities 

to get additional resources or 

commitments to increase the 

effectiveness of the proposed program 

activities. 

When evaluating this factor, HUD and 

DOT will take into account two 

considerations: the amount of resources 

leveraged or matched that exceeds the 

required 20 percent, and per capita 

income in the applicable jurisdiction 

relative to the metropolitan average. 


emcdonald on DSK2BSOYB1PROD with NOTICES3
Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 36251 

Data must be provided for the indicator 

when responding to this rating factor. 

The 20 percent of leveraged or matched 

resources that are a threshold 

requirement will not count as points 

toward this rating factor. To score points 

in this rating factor, resources may be 

provided by governmental entities, 

public or private organizations, and 

other entities. Other resources from the 

private sector or other sources 

committed to the program that exceed 

the required 20 percent leveraged or 

matched resources will be given extra 

weight for this rating factor. The 

applicant should provide supporting 

documentation of all committed funds. 

Please refer to Section VI., Application 

and Submission, for more details. 

4. Rating Factor 4—Capacity (15 

points): An applicant’s score on this 

rating factor will be based on how well 

the application demonstrates the 

applicant’s capacity to successfully 

implement the proposed activities in a 

timely manner. The applicant will 

provide specific examples of previous 

projects similar to the proposed effort 

that demonstrate its capacity to 

implement the proposed work plan. 

DOT and HUD will give priority to 

applications that demonstrate the prior 

experience to bring this type of 

project(s) that is the subject of the 

planning activities to completion. 

Priority will also be given to 

applications that demonstrate strong 

collaboration among a broad range of 

participants, including public, private 

and nonprofit entities. 

The applicant shall designate the staff 

that is anticipated to manage the 

proposed project, as well as other staff 

anticipated to contribute to the project’s 

completion. Ratings under this factor 

are based on the capacity of the 

applicant’s organization, and its team, 

as applicable, and should include an 

assessment of the capacity of subcontractors, consultants, sub-recipients, 

community-based organizations, and 

any other entities that are part of the 

project application, as applicable. 

Applicants should be prepared to 

initiate eligible activities within 120 

days of the effective date of the grant 

award. DOT and HUD reserve the right 

to terminate the grant if sufficient 

personnel or qualified experts are not 

retained within these 120 days. In rating 

this factor, DOT and HUD will consider, 

among other factors, the extent to which 

the application demonstrates that the 

applicant has an adequate number of 

key staff or the ability to procure 

individuals with the knowledge and 

recent experience in the proposed 

activity. 

All applicants for HUD funding are 

subject to the requirements to 

Affirmatively Further Fair Housing. 

HUD will award additional points to 

applicants that prioritize additional 

measures to advance civil rights, such as 

Executive Order 12898, Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations, and Executive Order 

13166, Improving Access to Services for 

Persons with Limited English 

Proficiency. 

Applicants should indicate if, and 

describe how, the following policy 

priorities will be addressed: (1) Capacity 

Building and Knowledge Sharing and 

(2) Expand Cross-Cutting Policy 

Knowledge. One point will be awarded 

for each policy priority. Identify specific 

activities, outputs and outcomes that 

further these policy priorities over the 

period of performance. 

a. Capacity Building and Knowledge 

Sharing. 

HUD recognizes that successful 

program implementation can only occur 

in partnership with effectively prepared 

grantees. It is therefore critical to 

strengthen the capacity of each 

consortium by developing partnerships 

that will advance the objectives of 

proposed programs. HUD’s Strategic 

Plan emphasizes the importance of 

strengthening the capacity of state and 

local partners to implement HUD 

programs, participate in decisionmaking and planning processes, and 

coordinate on cross-programmatic, 

place-based approaches through grant 

making and technical assistance. To 

receive policy priority points, 

applicants are expected to describe how 

they will achieve the following 

outcomes: 

(1) Increase the skills and technical 

expertise of partner organizations to 

manage Federal awards, provide solid 

financial management, and perform 

program performance assessment and 

evaluation. The applicant must describe 

the methods that will be used to achieve 

this outcome. Examples include inservice trainings, online information 

provision (e.g., webinars, podcasts, etc.), 

and structured observation of best 

practices. According to the proposed 

methods, the applicant should identify 

the anticipated outputs (e.g., number of 

people trained, number of training 

events, volume of easily accessible 

training materials for targeted 

capacities, etc.) during the 3-year period 

of performance. 

(2) Share knowledge among partners 

so that key personnel responsible for 

grant implementation coordinate crossprogrammatic, placed-based 

approaches. The applicant must 

describe the outreach methods that will 

be used to achieve this outcome. 

Examples include establishing regular 

partner dialogues, and structured peer 

exchange. According to the proposed 

methods, the applicant should establish 

and specify the anticipated outputs (e.g., 

number of meetings, Web postings, 

number of participating partners, total 

staff exposed to new learning and 

promising practice, number of briefings, 

issuance of monthly fact sheets, etc.) 

during the 3-year period of performance. 

HUD will work with grantees to support 

knowledge sharing and innovation by 

disseminating best practices, 

encouraging peer learning, publishing 

data analysis and research, and helping 

to incubate and test new ideas. 

b. Expand Cross-Cutting Policy 

Knowledge. 

Broadening the use of successful 

models to other communities requires 

definitive evidence of which policies 

work and how, and a plan for public 

dissemination of this information. 

To achieve full points, the applicant 

must indicate what data they and/or 

partner organizations will collect on 

outcomes for the defined target area 

(e.g., changes in commuting time, 

improved health outcomes, VMT 

measures, etc.). The grantee must 

document a plan to engage credible 

policy researchers to assist in the 

analysis of that data in order to measure 

policy impact, and clarify the extent of 

data that will be made available to those 

researchers through a data-sharing 

agreement. 

(1) For household-level data, this may 

be an agreement with a university or 

other policy research group that 

regularly produces peer-reviewed 

research publications. 

(2) For parcel-related data, this 

agreement may be with a regional 

planning, non-profit, or government 

agency that provides consolidated local 

data on a regular basis to the public for 

free. 

The applicant should specifically 

describe how they intend to disseminate 

policy lessons learned during the 

planning process to a diverse range of 

potential audiences, including 

policymakers, other regional consortia, 

and interested community leadership. 

The collection method and specific data 

elements will not be prescribed by HUD, 

but may be determined by the applicant. 

The applicant must establish and 

provide the anticipated outputs within 

the period of performance. Examples 

include the number of policy 

publications, number of research 

studies, anticipated distribution of 

findings, etc. 

B. Evaluation and Selection Process. 


emcdonald on DSK2BSOYB1PROD with NOTICES3
36252 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 

1. Rating and Ranking. 

Evaluation teams made up of a 

representative from DOT, HUD, and 

EPA initially will evaluate each 

application as to how well it scores 

against the ‘‘Rating Factors’’ identified 

below, and will assign it a score on a 

scale of 1–100. The scoring system will 

not determine the specific projects that 

will be selected for funding; rather, the 

scoring system will be used to generate 

a list of highly recommended projects. 

The highly recommended projects will 

then be forwarded to a senior-level 

review team for review, and the seniorlevel review team will make funding 

recommendations to the Secretaries of 

DOT and HUD, based on how the 

project performed under the four rating 

factors, how each project addresses the 

Program Goals identified in Section I.B, 

and statutory distributional 

considerations required in the National 

Infrastructure Investments provision of 

the FY 2010 Consolidated 

Appropriations Act for the DOT 

Planning Grants. The review teams will 

include senior-level representatives 

from the three Partnership for 

Sustainable Communities agencies: 

DOT, HUD, and EPA. 

VI. Application and Submission 

Information 

A. Address To Request Application 

Package. Applications are available on 

the Federal Web site www.Grants.gov. 

To find this funding opportunity at 

Grants.gov, go to http://www.grants.gov/ 

applicants/find_grant_opportunities.jsp 

at the www.Grants.gov Web site, where 

you can search by agency and/or 

perform a Basic Search. Additional 

information on applying through 

Grants.gov is available at http:// 

www.grants.gov. 

B. Content and Form of Application 

Submission. Applicants eligible to apply 

under this NOFA are to follow the 

submission requirements described 

below: 

1. Pre-Application. Unless otherwise 

indicated in this joint notice, applicants 

should submit pre-applications and 

applications in accordance with the 

procedures specified in the TIGER II 

Discretionary Grant NOFA. To submit 

an application, please access http:// 

www.dot.gov/recovery/ost/tigerii/ 

index.html or http://www.hud.gov/ 

sustainability. Pre-applications must be 

submitted by the Pre-Application 

Deadline, which is July 26, 2010, at 5 

p.m. EDT. The pre-application system 

will be hosted by DOT, on behalf of 

DOT and HUD, and will open no later 

than June 23, 2010, to allow prospective 

applicants to submit pre-applications. 

Final applications must be submitted 

through Grants.gov by the Application 

Deadline, which is August 23, 2010, at 

5 p.m. EDT. The Grants.gov ‘‘Apply’’ 

function will open on July 30, 2010, 

allowing applicants to submit 

applications. While applicants are 

encouraged to submit pre-applications 

in advance of the Pre-Application 

Deadline, pre-applications will not be 

reviewed until after the Pre-Application 

Deadline. Similarly, while applicants 

are encouraged to submit applications 

in advance of the Application Deadline, 

applications will not be evaluated until 

after the Application Deadline. Awards 

will not be made until after September 

15, 2010. 

To apply for funding through 

Grants.gov, applicants must be properly 

registered. Complete instructions on 

how to register and submit applications 

can be found at www.grants.gov. Please 

be aware that the registration process 

usually takes 2–4 weeks and must be 

completed before an application can be 

submitted. If interested parties 

experience difficulties at any point 

during the registration or application 

process, please call the toll free 

Grants.gov Customer Support Hotline at 

1–800–518–4726, Monday to Friday 

from 7 a.m. to 9 p.m. EDT. 

Applicants must submit a preapplication as Stage 1, which qualifies 

applicants to submit an application in 

Stage 2. An application submitted 

during Stage 2 that does not correlate 

with a properly completed Stage 1 preapplication will not be considered. 

2. Contents of Pre-Applications. An 

applicant for a TIGER II Planning Grant 

or a Community Challenge Planning 

Grant should provide in its preapplication form, all of the information 

requested below in its pre-application 

form. DOT and HUD reserve the right to 

ask any applicant to supplement the 

data in its pre-application but expect 

pre-applications to be complete upon 

submission. Applicants must complete 

the pre-application form and submit it 

electronically on or prior to the PreApplication Deadline, in accordance 

with the instructions specified at 

http://www.dot.gov/recovery/ost/ 

TIGERII. The pre-application form must 

include the following information: 

a. Name of applicant (if the 

application is to be submitted by more 

than one entity, a lead applicant must 

be identified); 

b. Applicant’s DUNS (Data Universal 

Numbering System) number; 

c. Type of applicant (State 

government, local government, U.S. 

territory, Tribal government, transit 

agency, port authority, metropolitan 

planning organization, or other unit of 

government); 

d. State(s) where the project is 

located; 

e. County(s) where the project is 

located; 

f. City(s) where the project is located; 

g. Zip code(s) where the project is 

located; 

h. Project title (descriptive); 

i. Project type: specify eligible 

activities proposed for funding, such as 

transportation planning activity, site 

area plan, corridor plan, land assembly 

or acquisition, etc.; 

j. Project description: describe the 

project in plain English terms that 

would be generally understood by the 

public, using no more than 50 words; 

this should be purely descriptive, not a 

discussion of the project’s benefits, 

background, or alignment with the 

selection criteria in this description; 

k. Total cost of the project; 

l. Total amount of TIGER II Planning 

Grant and Community Challenge 

Planning Grant funds requested; 

m. Contact name, telephone number, 

email address, and physical address of 

the applicant; 

n. Type of jurisdiction where the 

project is located (urban or rural); and 

o. An assurance that local matching 

funds are committed to support 20 

percent or more of any transportation 

planning activities to be funded. (This 

requirement does not apply to projects 

located in rural areas). 

3. Applications. An application for a 

TIGER II Planning Grant or a 

Community Challenge Planning Grant 

should include all of the information 

requested below. DOT and HUD reserve 

the right to ask any applicant to 

supplement the data in its application, 

but expect applications to be complete 

upon submission. 

a. Standard Form SF–424, 

Application for Federal Assistance. 

Please see www07.grants.gov/assets/ 

SF424Instructions.pdf for instructions 

on how to complete the SF–424, which 

is part of the standard Grants.gov 

submission. Additional clarifying 

guidance and Frequently Asked 

Questions (FAQs) to assist applicants in 

completing the SF–424 will be available 

at http://www.dot.gov/recovery/ost/ 

TIGERII by July 30, 2010, when the 

‘‘Apply’’ function within Grants.gov 

opens to accept applications under this 

notice. 

b. In Responding to the First and 

Second Rating Factor. (Attachment to 

SF–424). A TIGER II Planning Grant and 

HUD Community Challenge Grant 

application must include information 

required for DOT and HUD to assess 

each of the rating factors specified in 

Section III (Application Review and 

Rating Factors). Applicants are 


emcdonald on DSK2BSOYB1PROD with NOTICES3
Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 36253 

encouraged to demonstrate the 

responsiveness of a project to any and 

all of the rating factors with the most 

relevant information that applicants can 

provide, regardless of whether such 

information has been specifically 

requested, or identified, in this notice. 

In order to fulfill the requirements of 

the first rating factor, an applicant must: 

(1) Submit a narrative describing how 

the applicant will use the funding 

sought to achieve its desired outcomes 

and how the desired outcomes support 

the six Livability Principles. The 

narrative should also state the problems 

or barriers the project seeks to address, 

why they are an impediment to 

promoting a more sustainable future for 

the applicant community, and the 

outcomes the project seeks to achieve. 

(2) Submit data supporting any 

assertions made about the expected 

outcomes, as well as the nature and the 

extent of the problems or barriers the 

project seeks to remove. 

In responding to the second rating 

factor, applicants must provide a 

narrative to discuss their project 

outcomes, outputs, and performance 

measures. Applicants should also 

identify important milestones (e.g., the 

end of specific phases in a multiphase 

project), which should also be clearly 

indicated in the proposal timeline. 

Applicants should also identify 

potential obstacles in meeting outcomes 

and outputs and related performance 

measures and discuss steps they would 

take to respond to these obstacles. 

Finally, applicants should describe how 

project evaluation information will be 

obtained, documented, and reported. 

Applicants should submit a work plan 

that includes the following: 

(1) Proposed Activities. Briefly 

describe the overall activity you propose 

to undertake, including any coordinated 

components that will not be directly 

funded under the TIGER II Planning 

Grant Program or the Community 

Challenge Planning Grant Program. 

Describe the regional or local 

significance of the project and whether 

it is a part of a comprehensive regional 

plan. Include public outreach and 

participation activities, including 

minority and disadvantaged 

populations. 

(2) Uses of Funds/Budget. Indicate 

how you will use the grant funds you 

are seeking by providing a list or table 

showing the amount of funds budgeted 

for each activity you will undertake to 

achieve your desired result. Indicate the 

entity responsible for each use and 

activity, including any elected bodies or 

bodies appointed by elected officials. 

Specify administrative costs. 

(3) Project Completion Schedule. 

Briefly describe the project completion 

schedule, including milestones in each 

month for the critical management 

actions for you and any other entity 

whose cooperation or assistance is 

necessary to achieve your desired result, 

including the end dates of each required 

action and your expected metrics and 

results. 

(4) Performance Measures. List the 

performance measures you will use to 

evaluate the success of your project or 

activity, as well as the benchmarks you 

expect to reach during the term of the 

grant and a timeline for reaching them. 

c. In Responding to the Third Rating 

Factor. Applicants will not receive full 

points if they do not submit evidence of 

a firm commitment and the appropriate 

use of leveraged or matched resources 

under the grant program. Such evidence 

must be provided in the form of letters 

of firm commitment, memoranda of 

understanding, or other signed 

agreements to participate from those 

entities identified as partners in the 

application. Each letter of commitment, 

memorandum of understanding, or 

agreement to participate should include 

the organization’s name, the proposed 

level of commitment, and the 

organization’s responsibilities as they 

relate to the proposed project. The 

commitment must be signed and dated 

by an official of the organization legally 

able to make commitments on behalf of 

the organization. Applicants should 

describe how they will ensure that 

commitments to sub-grantees will be 

honored and executed, contingent upon 

an award from DOT or HUD. 

(1) Applicants must support each 

source of contributions, cash or in-kind, 

both for the required minimum and 

additional amounts, by a letter of 

commitment from the contributing 

entity, whether a public or private 

source. The letter must describe the 

contributed resources that you will use 

in the program and their designated 

purpose. Staff in-kind contributions 

should be given a monetary value based 

on the local market value of the staff 

skills. If you do not provide letters from 

contributors specifying details and the 

amount of the actual contributions, 

those contributions will not be counted. 

d. In Responding to the Fourth Rating 

Factor. DOT and HUD will consider 

how the applicant entity is organized 

and how it will function in 

implementing the grant. The application 

should include a description of the 

leadership responsibilities and 

procedures for allocating resources, 

setting goals, and settling disputes. It 

should also include an explanation of 

the capacity and relevant, recent 

experience of the applicant entity. The 

application should also include a 

description of the applicant’s 

experience in outreach efforts involving 

low-income persons, particularly those 

living in revitalization areas where 

funds are proposed to be used, residents 

of public housing, minorities, socially 

and economically disadvantaged 

individuals, non-English speaking 

persons, and persons with disabilities. 

Applicants should demonstrate that 

they either have sufficient personnel or 

the ability to procure qualified experts 

or professionals, with the knowledge, 

skills, and abilities with relevant 

experience to carry out the proposed 

activity. 

Contact information is requested as 

part of the SF–424. This information 

will be used in order to inform parties 

of the selection of projects for funding, 

as well as to contact parties in the event 

additional information is needed. 

e. Page Limit. Applications should be 

limited to a total of 15 pages. HUD and 

DOT will not refer to Web sites for 

information pertinent to the narrative 

response. All applications should 

include a detailed description of the 

proposed project and geospatial data for 

the project, including a map of the area 

to be planned and where other work 

will occur. 

C. Submission Dates and Times. All 

pre-applications must be submitted in 

accordance with the instructions 

specified at http://www.dot.gov/ 

recovery/ost/TIGERII. The preapplication system will be hosted by 

DOT, on behalf of DOT and HUD. Final 

applications must be submitted 

electronically through Grants.gov. Preapplications are due by July 26, 2010, at 

5 p.m. EDT, and applications must be 

submitted by August 23, 2010, at 5 p.m. 

EDT. 

D. Funding Restrictions. Applicants 

should also be aware that DOT is 

accepting applications for capital 

expenditures associated with surface 

transportation projects in the TIGER II 

Discretionary Grant notice (Docket No. 

DOT–OST–2010–0076). As part of that 

program, applicants may request 

planning funds associated with their 

capital request. If DOT awards planning 

funding to an applicant to the TIGER II 

Discretionary Grant program, the 

funding available through this notice 

will be lessened by that amount. 

Further, DOT has the option to use less 

than the $35 million permitted in the 

statute and may do so based on 

distributional requirements or the need 

to fund highly recommended capital 

grant applications. 


emcdonald on DSK2BSOYB1PROD with NOTICES3
36254 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 

VII. Award Administration Information 

A. Award Notices. 

1. Applicants Selected for Award. 

Projects selected for a TIGER II Planning 

Grant will be administered by one of 

DOT’s modal administrations, pursuant 

to a grant agreement between the TIGER 

II Planning Grant recipient and the DOT 

modal administration. 

HUD awardees will be required to 

negotiate a final statement of work and 

will enter into a Cooperative Agreement 

with HUD. The Cooperative Agreement 

will also contain an agreed upon Logic 

Model identifying specific activities and 

performance criteria to be reported 

against over a period of time. HUD 

grantees must meet the requirements 

contained in the General Section to 

HUD’s FY 2010 Funding Notices. 

2. Adjustment of Funding. DOT and 

HUD reserve the right to fund less than 

the full amount requested in an 

application based on the availability of 

funds, geographic diversity, and to 

ensure that the maximum number of 

grants may be made. 

3. HUD grant recipients must comply 

with applicable Federal requirements, 

including compliance with the Fair 

Housing and Civil Rights Laws 

applicable to all Federal awards. 

B. Administrative and National Policy 

Requirements. 

1. Environmental Requirements. All 

applicants that are proposing to use 

grant funds for land acquisition must 

comply with HUD’s environmental 

procedures. In accordance with 24 CFR 

50.19(b)(1), (9), and (16), all other 

eligible activities assisted by HUD funds 

under this NOFA are categorically 

excluded from environmental review 

under the National Environmental 

Policy Act of 1969 and are not subject 

to environmental review under the 

related laws and authorities. For 

applicants requesting grant funds for 

transportation planning, NEPA is not 

typically triggered (and even if 

triggered, categorical exclusions 

typically exist). However, if any projects 

planned with funding under this NOFA 

move to the construction phase and 

Federal funds are later sought for 

construction, all appropriate NEPA 

analyses will need to be completed prior 

to any Federal expenditures. 

Under HUD’s environmental 

procedures, for those applications 

involving land acquisition activities 

requiring environmental review, the 

notification of award to a selected 

applicant will constitute a preliminary 

approval by HUD, subject to the 

completion of an environmental review 

of the proposed site(s), and the 

execution by HUD and the recipient of 

a Grant Agreement. Selection for 

participation (preliminary approval) 

does not constitute approval of the 

proposed site(s). Each proposal will be 

subject to a HUD environmental review, 

in accordance with 24 CFR part 50, and 

the proposal may be modified or the 

proposed sites rejected as a result of that 

review. 

Submission of an application 

involving a project requiring an 

environmental review will constitute an 

assurance that the applicant shall assist 

HUD in complying with 24 CFR part 50 

and shall: 

(1) Supply HUD with all available, 

relevant information necessary for HUD 

to perform for each property any 

environmental review required by 24 

CFR part 50; 

(2) Carry out mitigating measures 

required by HUD or select alternate 

eligible property; and 

(3) Not acquire, rehabilitate, 

demolish, convert, lease, repair, or 

construct property, nor commit or 

expend HUD or local funds for these 

program activities with respect to any 

eligible property, until HUD approval of 

the property is received. 

For assistance, contact the HUD 

Environmental Review Officer in the 

HUD Field Office serving your area. 

Contact information is requested as 

part of the SF–424. DOT will use this 

information to inform parties of DOT’s 

decision regarding selection of projects, 

as well as to contact parties in the event 

that DOT needs additional information 

about an application. 

2. Administrative and Indirect Cost 

Requirements. For reference to the 

Administrative Cost requirements and 

Indirect cost requirements, please see 

OMB Circulars A–21, A–87, and A–122, 

as applicable. 

C. Reporting Requirements. HUD 

Award Agreements will include the 

terms and conditions of the award 

including the reporting requirements. 

1. Final Work Plan and Logic Model. 

Final work plan and completed Logic 

Model are due 60 days after the effective 

date of the grant agreement. See the 

General Section for detailed information 

on the use of the ‘‘Master’’ eLogic Model. 

2. Successful applicants will be 

required to submit bi-annual and final 

program reports according to the 

requirements of the award agreement. 

Your bi-annual and final report must 

include a completed Logic Model, form 

HUD–96010, approved and 

incorporated into your award 

agreement, showing specific outputs 

and outcome results against those 

proposed and accepted as part of your 

approved grant agreement. 

3. Financial reporting requirements 

include, but are not limited to, the 

submission of the financial status 

report, SF–425, bi-annually. 

VIII. Other Information 

A. Compliance with Fair Housing and 

Civil Rights Laws and Affirmatively 

Furthering Fair Housing for Community 

Challenge Planning Grant Applicants 

Fair Housing and Civil Rights Laws: 

1. With the exception of Federally 

recognized Indian tribes and their 

instrumentalities, applicants and their 

sub-recipients must comply with all 

applicable fair housing and civil rights 

requirements in 24 CFR 5.105 (a), 

including, but not limited to, the Fair 

Housing Act, Title VI of the Civil Rights 

Act of 1964, and the Rehabilitation Act 

of 1973. 

2. If you are a federally recognized 

Indian tribe, you must comply with the 

nondiscrimination provisions 

enumerated at 24 CFR 1000.12, as 

applicable. See the General Section for 

further instructions on this requirement. 

3. Affirmatively Furthering Fair 

Housing: Section 808(e)(5) of the Fair 

Housing Act imposes a duty on HUD to 

affirmatively further the purposes of the 

Fair Housing Act in its housing and 

urban development programs. This 

obligation further applies generally to 

recipients of HUD funds, including 

those awarded and announced under 

HUD’s FY 2010 funding notices. Your 

application must include a discussion 

on how your proposed plans 

affirmatively further fair housing; 

applications that include specific 

activities and outcomes that address this 

requirement will be rated higher. 

Applicants for Community Challenge 

Planning Grants that are tribal 

governments are not subject to the 

affirmatively furthering fair housing 

submission requirement in the General 

Section. 

B. Additional Environmental 

Requirements. A Finding of No 

Significant Impact (FONSI) with respect 

to the environment has been made for 

this NOFA in accordance with HUD 

regulations at 24 CFR part 50, which 

implement section 102(2)(C) of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4332(2)(C)). The FONSI 

is available for public inspection 

between 8 a.m. and 5 p.m. weekdays in 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

Seventh Street, SW., Room 10276, 

Washington, DC 20410–0500. Due to 

security measures at the HUD 

Headquarters building, an advance 

appointment to review the FONSI must 


emcdonald on DSK2BSOYB1PROD with NOTICES3
Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Notices 36255 

be scheduled by calling the Regulations 

Division at 202–708–3055 (this is not a 

toll-free number). 

Dated: June 18, 2010. 

Ray LaHood, 

Secretary, Department of Transportation. 

Shaun Donovan, 

Secretary, Department of Housing and Urban 

Development. 

[FR Doc. 2010–15353 Filed 6–21–10; 4:15 pm] 

BILLING CODE 4210–67–P 


emcdonald on DSK2BSOYB1PROD with NOTICES3