[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42426-42436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19009]



[[Page 42426]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation


Notice of Funding Opportunity for the Department of 
Transportation's National Infrastructure Investments Under the 
Consolidated Appropriations Act, 2017

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: The Consolidated Appropriations Act, 2017 (Pub. L. 115-31, May 
5, 2017) (``FY 2017 Appropriations Act'' or the ``Act'') appropriated 
$500 million to be awarded by the Department of Transportation (``DOT'' 
or the ``Department'') for National Infrastructure Investments. This 
appropriation stems from the program funded and implemented pursuant to 
the American Recovery and Reinvestment Act of 2009 (the ``Recovery 
Act'') known as the Transportation Investment Generating Economic 
Recovery, or ``TIGER Discretionary Grants,'' program. Because of the 
program's similarity in structure and widespread name recognition, DOT 
will continue to refer to the program as ``TIGER Discretionary 
Grants.'' Funds for the FY 2017 TIGER program (``TIGER FY 2017'') are 
to be awarded on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a region. The 
purpose of this Final Notice is to solicit applications for TIGER 
Discretionary Grants.

DATES: Applications must be submitted by 8:00 p.m. E.D.T. on October 
16, 2017.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the TIGER Discretionary Grants program 
staff via email at <a href="/cdn-cgi/l/email-protection#67332e2022352015060913142703081349000811"><span class="__cf_email__" data-cfemail="b6e2fff1f3e4f1c4d7d8c2c5f6d2d9c298d1d9c0">[email protected]</span></a>, or call Howard Hill at 202-366-
0301. A TDD is available for individuals who are deaf or hard of 
hearing at 202-366-3993. In addition, DOT will regularly post answers 
to questions and requests for clarifications as well as information 
about webinars for further guidance on DOT's Web site at 
www.transportation.gov/TIGER.

SUPPLEMENTARY INFORMATION: This notice is substantially similar to the 
final notice published for the TIGER Discretionary Grants program in 
the Federal Register on February 26, 2016 (81 FR 9935) for fiscal year 
2016 funds. The selection criteria remain fundamentally the same as 
previous rounds of TIGER Discretionary Grants, but the description of 
each criterion was updated. The FY 2017 TIGER program will give special 
consideration to projects which emphasize improved access to reliable, 
safe, and affordable transportation for communities in rural areas, 
such as projects that improve infrastructure condition, address public 
health and safety, promote regional connectivity, or facilitate 
economic growth or competitiveness. For this round of TIGER 
Discretionary Grants, the maximum grant award is $25 million, and no 
more than $50 million can be awarded to a single State, as specified in 
the FY 2017 Appropriations Act. Each section of this notice contains 
information and instructions relevant to the application process for 
these TIGER Discretionary Grants, and all applicants should read this 
notice in its entirety so that they have the information they need to 
submit eligible and competitive applications.

Table of Contents

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

A. Program Description

    The Consolidated Appropriations Act, 2017 (Pub. L. 115-31, May 5, 
2017) (``FY 2017 Appropriations Act'' or the ``Act'') appropriated $500 
million to be awarded by the Department of Transportation (``DOT'' or 
the ``Department'') for National Infrastructure Investments. Since the 
TIGER Discretionary Grants program was first created, $5.1 billion has 
been awarded for capital investments in surface transportation 
infrastructure over eight rounds of competitive grants. Throughout the 
TIGER program, TIGER Discretionary Grants awards have supported 
projects that have a significant impact on the Nation, a metropolitan 
area, or a region. This includes, but is not limited to, capital 
projects in areas which repair bridges or improve infrastructure to a 
state of good repair; projects that implement safety improvements to 
reduce fatalities and serious injuries, including improving grade 
crossings or providing shorter or more direct access to critical health 
services; projects that connect communities and people to jobs, 
services, and education; and, projects that anchor economic 
revitalization and job growth in communities, and specifically those 
that help bring manufacturing and other jobs. The TIGER program also 
supports projects that demonstrate significant non-Federal 
contributions from State, local, and private sector funding sources. 
The Department recognizes the benefits of shared responsibility and 
accountability of infrastructure investment, as it facilitates 
increased rigor in decision making, provides evidence of support for 
the project, and leverages Federal investment. Over eight rounds, on 
average, projects attracted more than 3.6 matching dollars for every 
TIGER grant dollar, representing the shared responsibility for funding 
infrastructure.
    Rural America is home to many of the nation's most critical 
infrastructure assets, including 444,000 bridges, 2.98 million miles of 
roadway, and 30,500 miles of Interstate Highway. More than 55 percent 
of all public roads are locally-owned rural roads. While only 19 
percent of the nation's population lives in rural areas, 51 percent of 
all traffic fatalities occurred on rural roads (2014). In addition, 
public transportation serving rural areas has more than 160 million 
annual boardings (2015).

B. Federal Award Information

1. Amount Available

    The FY 2017 Appropriations Act appropriated $500 million to be 
awarded by DOT for the TIGER Discretionary Grants program. The FY 2017 
TIGER Discretionary Grants are for capital investments in surface 
transportation infrastructure and are to be awarded on a competitive 
basis for projects that will have a significant impact on the Nation, a 
metropolitan area, or a region. The FY 2017 Appropriations Act also 
allows DOT to retain up to $20 million of the $500 million for 
oversight and administration of grants and credit assistance made under 
the TIGER Discretionary Grants program. If this solicitation does not 
result in the award and obligation of all available funds, DOT may 
publish additional solicitations.
    The FY 2017 Appropriations Act allows up to 20 percent of available 
funds (or $100 million) to be used by the Department to pay the subsidy 
and administrative costs for a project receiving credit assistance 
under the Transportation Infrastructure Finance and Innovation Act of 
1998 (``TIFIA'') program, if that use of the FY 2017 TIGER funds would 
further the purposes of the TIGER Discretionary Grants program.

[[Page 42427]]

2. Award Size

    The FY 2017 Appropriations Act specifies that TIGER Discretionary 
Grants may not be less than $5 million and not greater than $25 
million, except that for projects located in rural areas (as defined in 
Section C.3.ii.) the minimum TIGER Discretionary Grant size is $1 
million.

3. Restrictions on Funding

    Pursuant to the FY 2017 Appropriations Act, no more than 10 percent 
of the funds made available for TIGER Discretionary Grants (or $50 
million) may be awarded to projects in a single State. The Act also 
directs that not less than 20 percent of the funds provided for TIGER 
Discretionary Grants (or $100 million) shall be used for projects 
located in rural areas. Further, DOT must take measures to ensure an 
equitable geographic distribution of grant funds, an appropriate 
balance in addressing the needs of urban and rural areas, and 
investment in a variety of transportation modes.

4. Availability of Funds

    The FY 2017 Appropriations Act requires that FY 2017 TIGER funds 
are only available for obligation through September 30, 2020. 
Obligation occurs when a selected applicant and DOT enter into a 
written grant agreement and is generally after the applicant has 
satisfied applicable administrative requirements, including 
transportation planning and environmental review requirements. No FY 
2017 TIGER funds may be expended (actually paid out) after September 
30, 2025. As part of the review and selection process described in 
Section E.2., DOT will consider whether a project is ready to proceed 
with an obligation of grant funds from DOT within the statutory time 
provided. No waiver is possible for these deadlines.

5. Previous TIGER Awards

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

C. Eligibility Information

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

1. Eligible Applicants

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

2. Cost Sharing or Matching

    This section describes the statutory cost share requirements for a 
TIGER award. Cost share will also be evaluated according to the 
evaluation criterion described in Section E.1.v. That section clarifies 
that the Department seeks applications for projects that exceed the 
minimum non-Federal cost share requirement described here.
    Per the FY 2017 Appropriations Act, TIGER Discretionary Grants may 
be used for up to 80 percent of a project located in an urban area \1\ 
and up to 100 percent of the costs of a project located in a rural 
area. Urban area and rural area are defined in Section C.3.ii of this 
notice.
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    \1\ To meet match requirements, the minimum total project cost 
for a project located in an urban area must be $6.25 million.
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    For a project located in an urban area, the Federal share of the 
costs for which an expenditure is made under a TIGER grant may not 
exceed 80 percent. Non-Federal sources include State funds originating 
from programs funded by State revenue, local funds originating from 
State or local revenue-funded programs, or private funds. Toll credits 
under 23 U.S.C. 120(i) are considered a non-Federal source. Unless 
otherwise authorized by statute, local cost-share may not be counted as 
the non-Federal share for both the TIGER and another Federal grant 
program. The Department will not consider previously-incurred costs or 
previously-expended or encumbered funds towards the matching 
requirement for any project. Matching funds are subject to the same 
Federal requirements described in Section F.2. as awarded funds. Given 
the TIFIA statute, the Department may not be able to consider funds 
from TIFIA towards the matching requirement. While RRIF credit 
assistance will be counted towards match requirements, the Department 
will give greater preference to state, local, and private sources of 
matching funds.

3. Other

i. Eligible Projects
    Eligible projects for TIGER Discretionary Grants are capital 
projects that include, but are not limited to: (1) Highway, bridge, or 
other road projects eligible under title 23, United States Code; (2) 
public transportation projects eligible under chapter 53 of title 49, 
United States Code; (3) passenger and freight rail transportation 
projects; (4) port infrastructure investments (including inland port 
infrastructure and land ports of entry); and (5) intermodal projects. 
This description of eligible projects is identical to the description 
of eligible projects under earlier rounds of the TIGER Discretionary 
Grants program.\2\ Research, demonstration, or pilot projects are 
eligible only if they result in long-term, permanent surface 
transportation infrastructure that has independent utility as defined 
in Section C.3.iii. Applicants are strongly encouraged to submit 
applications only for eligible award amounts.
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    \2\ Please note that the Department may use a TIGER 
Discretionary Grant to pay for the surface transportation components 
of a broader project that has non-surface transportation components, 
and applicants are encouraged to apply for TIGER Discretionary 
Grants to pay for the surface transportation components of these 
projects.
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ii. Rural/Urban Definition
    For purposes of this Notice, DOT defines ``rural area'' as an area 
outside an Urbanized Area \3\ (UA) as designated by the U.S. Census 
Bureau. In this Notice, an ``urban area'' is defined as an area inside 
a UA as a designated by the U.S. Census Bureau.\4\
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    \3\ Updated lists of UAs as defined by the Census Bureau are 
available on the Census Bureau Web site at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
    \4\ See www.transportation.gov/TIGER for a list of UAs.
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    The Department will consider a project to be in a rural area if the 
majority of the project (determined by geographic location(s) where the 
majority of the money is to be spent) is located in a rural area. 
However, if a project consists of multiple components, as described 
under Section C.3.iii., then for each separate component the Department 
will determine whether that component is rural or urban. In some 
circumstances, this component-by-component determination may result in

[[Page 42428]]

TIGER awards that include urban and rural funds. Rural and urban 
definitions differ in some other DOT programs, including TIFIA and the 
Nationally Significant Freight and Highway Projects Program (Sec.  
1105; 23 U.S.C. 117).
    This definition affects three aspects of the program. The FY 2017 
Appropriations Act directs that (1) not less than $100 million of the 
funds provided for TIGER Discretionary Grants are to be used for 
projects in rural areas; (2) for a project in a rural area the minimum 
award is $1 million; and (3) the Secretary may increase the Federal 
share above 80 percent to pay for the costs of a project in a rural 
area.
iii. Project Components
    An application may describe a project that contains more than one 
component, and may describe components that may be carried out by 
parties other than the applicant. DOT may award funds for a component, 
instead of the larger project, if that component (1) independently 
meets minimum award amounts described in Section B and all eligibility 
requirements described in Section C; (2) independently aligns well with 
the selection criteria specified in Section E; and (3) meets National 
Environmental Policy Act (NEPA) requirements with respect to 
independent utility. Independent utility means that the component will 
represent a transportation improvement that is usable and represents a 
reasonable expenditure of DOT funds even if no other improvements are 
made in the area, and will be ready for intended use upon completion of 
that component's construction. All project components that are 
presented together in a single application must demonstrate a 
relationship or connection between them. (See Section D.2.v. for 
Required Approvals).
    Applicants should be aware that, depending upon the relationship 
between project components and applicable Federal law, DOT funding of 
only some project components may make other project components subject 
to Federal requirements as described in Section F.2.
    DOT strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested TIGER funding for those 
components. If the application identifies one or more independent 
project components, the application should clearly identify how each 
independent component addresses selection criteria and produces 
benefits on its own, in addition to describing how the full proposal of 
which the independent component is a part addresses selection criteria.
iv. Application Limit
    Each lead applicant may submit no more than three applications. 
Unrelated project components should not be bundled in an application 
for the purpose of adhering to the limit. Please note that the three-
application limit applies only to applications where the applicant is 
the lead applicant. There is no limit on the number of applications for 
which an applicant can be listed as a partnering agency. If a lead 
applicant submits more than three applications as the lead applicant, 
only the first three received will be considered. The FY 2017 and 2018 
Infrastructure for Rebuilding American (INFRA) Grants solicitation (82 
FR 14042) and the 2017 TIGER Discretionary Grant program have 
independent application limits. Applicants applying to both INFRA 
grants and the 2017 TIGER Discretionary Grants program may apply for 
funding for the same project under both programs (noted in each 
application), but must timely submit separate applications that 
independently address how the project satisfies applicable selection 
criteria for the relevant grant program. To the extent that an 
application for the same project submitted to both programs contains 
few or no changes to a benefit-cost analysis or project readiness 
information, DOT may review and incorporate the previously completed 
analysis by Department staff into the application's evaluation when 
considering the project for a FY 2017 TIGER award.

D. Application and Submission Information

1. Address

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

2. Content and Form of Application Submission

    The application must include the Standard Form 424 (Application for 
Federal Assistance), Standard Form 424C (Budget Information for 
Construction Programs), cover page, and the Project Narrative. More 
detailed information about the cover pages and Project Narrative 
follows. Applicants should also complete and attach to their 
application the ``TIGER 2017 Project Information'' form available at 
www.transportation.gov/TIGER.
    The Department recommends that the project narrative follow the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

____________________________________
 
____________________________________
I. Project Description....................  See D.2.a.i.
II. Project Location......................  See D.2.a.ii.
III. Project Parties......................  See D.2.a.iii.
IV. Grant Funds, Sources and Uses of all    See D.2.a.iv.
 Project Funding.
V. Merit Criteria.........................  See D.2.a.v.
VI. Project Readiness.....................  See D.2.a.vii and E.1.c.ii.
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    The project narrative should include the information necessary for 
the Department to determine that the project satisfies project 
requirements described in Sections B and C and to assess the selection 
criteria specified in Section E.1. To the extent practicable, 
applicants should provide supporting data and documentation in a form 
that is directly verifiable by the Department. The Department may ask 
any applicant to supplement data in its application, but expects 
applications to be complete upon submission.
    In addition to a detailed statement of work, detailed project 
schedule, and detailed project budget, the project narrative should 
include a table of contents, maps, and graphics, as appropriate to make 
the information easier to review. The Department recommends that the 
project narrative be prepared with standard formatting preferences (a 
single-spaced document, using a standard 12-point font such as Times 
New Roman, with 1-inch margins). The project narrative may not exceed 
30 pages in length, excluding cover pages and table of contents. The 
only substantive portions that may exceed the 30-page limit are 
documents supporting assertions or conclusions made in the 30-page 
project narrative. If possible, Web site links to supporting 
documentation should be provided rather than copies of these supporting 
materials. If supporting documents are submitted, applicants should 
clearly identify within the project narrative the relevant portion of 
the project narrative that each supporting document supports. At the 
applicant's discretion, relevant materials provided previously to an 
operating administration in support of a different DOT financial 
assistance program may be referenced and described as unchanged. The 
Department recommends using appropriately descriptive file names (e.g., 
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding and

[[Page 42429]]

Letters of Support,'' etc.) for all attachments. DOT recommends 
applications include the following sections:
i. Project Description
    The first section of the application should provide a concise 
description of the project, the transportation challenges that it is 
intended to address, and how it will address those challenges. This 
section should discuss the project's history, including a description 
of any previously completed components. The applicant may use this 
section to place the project into a broader context of other 
infrastructure investments being pursued by the project sponsor, and, 
if applicable, how it will benefit communities in rural areas.
ii. Project Location
    This section of the application should describe the project 
location, including a detailed geographical description of the proposed 
project, a map of the project's location and connections to existing 
transportation infrastructure, and geospatial data describing the 
project location. If the project is located within the boundary of a 
Census-designated UA, the application should identify the UA.
iii. Grant Funds, Sources and Uses of Project Funds
    This section of the application should describe the project's 
budget. This budget should not include any previously incurred 
expenses. At a minimum, it should include:
    (A) Project costs;
    (B) For all funds to be used for eligible project costs, the source 
and amount of those funds;
    (C) For non-Federal funds to be used for eligible project costs, 
documentation of funding commitments should be referenced here and 
included as an appendix to the application;
    (D) For Federal funds to be used for eligible project costs, the 
amount, nature, and source of any required non-Federal match for those 
funds;
    (E) A budget showing how each source of funds will be spent. The 
budget should show how each funding source will share in each major 
construction activity, and present that data in dollars and 
percentages. Funding sources should be grouped into three categories: 
Non-Federal; TIGER; and other Federal. If the project contains 
individual components, the budget should separate the costs of each 
project component. If the project will be completed in phases, the 
budget should separate the costs of each phase. The budget detail 
should sufficiently demonstrate that the project satisfies the 
statutory cost-sharing requirements described in Section C.2;
    In addition to the information enumerated above, this section 
should provide complete information on how all project funds may be 
used. For example, if a particular source of funds is available only 
after a condition is satisfied, the application should identify that 
condition and describe the applicant's control over whether it is 
satisfied. Similarly, if a particular source of funds is available for 
expenditure only during a fixed time period, the application should 
describe that restriction. Complete information about project funds 
will ensure that the Department's expectations for award execution 
align with any funding restrictions unrelated to the Department, even 
if an award differs from the applicant's request.
iv. Merit Criteria
    This section of the application should demonstrate how the project 
aligns with the Merit Criteria described in Section E.1 of this Notice. 
The Department encourages applicants to either address each criterion 
or expressly state that the project does not address the criterion. 
Applicants are not required to follow a specific format, but the 
outline suggested below, which addresses each criterion separately, 
promotes a clear discussion that assists project evaluators. To 
minimize redundant information in the application, the Department 
encourages applicants to cross-reference from this section of their 
application to relevant substantive information in other sections of 
the application. The guidance in this section is about how the 
applicant should organize their application. Guidance describing how 
the Department will evaluate projects against the Merit Criteria is in 
Section E.1 of this Notice. Applicants also should review that section 
before considering how to organize their application.
(1) Primary Selection Criteria
(a) Safety
    This section of the application should describe the anticipated 
outcomes of the project that support the Safety criterion (described in 
Section E.1.i. of this Notice). The applicant should include 
information on, and to the extent possible, quantify, how the project 
would improve safety outcomes within the project area or wider 
transportation network, to include how the project will reduce the 
number, rate, and consequences of transportation-related accidents, 
serious injuries, and fatalities among transportation users, or how the 
project will eliminate unsafe grade crossings or contribute to 
preventing unintended releases of hazardous materials.
(b) State of Good Repair
    This section of the application should describe how the project 
will contribute to a state of good repair by improving the condition or 
resilience of existing transportation facilities and system (described 
in Section E.1.i. of this Notice), including the project's current 
condition and how the proposed project will improve it, and any 
estimation of impacts on long-term cost structures or impacts on 
overall life-cycle costs.
(c) Economic Competitiveness
    This section of the application should describe how the project 
will support the Economic Competitiveness criterion (described in 
Section E.1.i. of this Notice). The applicant should include 
information about expected impacts of the project on the movement of 
goods and people, including how the project increases the efficiency of 
movement and thereby reduces costs of doing business, reduces burdens 
of commuting, and improves overall well-being. The applicant should 
describe the extent to which the project contributes to the functioning 
and growth of the economy, including the extent to which the project 
addresses congestion, bridges service gaps in rural areas, or attracts 
private economic development.
(d) Environmental Sustainability
    This section of the application should describe how the project 
addressed the environmental sustainability criterion. Applicants are 
encouraged to provide quantitative information, including baseline 
information that demonstrates how the project will reduce energy 
consumption, stormwater runoff, or achieve other benefits for the 
environment such as brownfield redevelopment.
(e) Quality of Life
    This section should describe how the project increases 
transportation choices for individuals to provide more freedom on 
transportation decisions and improves access to essential services for 
people in communities across the United States, particularly for rural 
communities.

[[Page 42430]]

(2) Secondary Selection Criteria
(a) Innovation
    This section of the application should describe innovative 
strategies used to pursue primary selection criteria and the 
anticipated benefits of using those strategies. If an applicant is 
proposing to adopt innovative safety approaches or technology, the 
application should demonstrate the applicant's capacity to implement 
those innovations, the applicant's understanding of whether the 
innovations will require extraordinary permitting, approvals, or other 
procedural actions, and the effects of those innovations on the project 
delivery timeline. If an applicant plans to incorporate innovative 
funding or financing, the applicant should describe the funding or 
financing approach, including a description of all activities 
undertaken to pursue private funding or financing for the project and 
the outcomes of those activities.
(b) Partnership
    This section of the application should list all project parties, 
including details about the proposed grant recipient and other public 
and private parties who are involved in delivering the project. This 
section should also describe efforts to collaborate among stakeholders, 
including with the private sector.
v. Project Readiness
    This section of the application should include information that, 
when considered with the project budget information presented elsewhere 
in the application, is sufficient for the Department to evaluate 
whether the project is reasonably expected to begin construction in a 
timely manner. To assist the Department's project readiness assessment, 
the applicant should provide the information requested on technical 
feasibility, project schedule, project approvals, and project risks, 
each of which is described in greater detail in the following sections. 
Applicants are not required to follow the specific format described 
here, but this organization, which addresses each relevant aspect of 
project readiness, promotes a clear discussion that assists project 
evaluators. To minimize redundant information in the application, the 
Department encourages applicants to cross-reference from this section 
of their application to relevant substantive information in other 
sections of the application.
    The guidance here is about what information applicants should 
provide and how the applicant should organize their application. 
Guidance describing how the Department will evaluate a project's 
readiness is described in Section E.1 of this Notice. Applicants also 
should review that section when considering how to organize their 
application.
    (A) Technical Feasibility. The applicant should demonstrate the 
technical feasibility of the project with engineering and design 
studies and activities; the development of design criteria and/or a 
basis of design; the basis for the cost estimate presented in the TIGER 
application, including the identification of contingency levels 
appropriate to its level of design; and any scope, schedule, and budget 
risk-mitigation measures. Applicants should include a detailed 
statement of work that focuses on the technical and engineering aspects 
of the project and describes in detail the project to be constructed.
    (B) Project Schedule. The applicant should include a detailed 
project schedule that identifies all major project milestones. Examples 
of such milestones include State and local planning approvals 
(programming on the Statewide Transportation Improvement Program), 
start and completion of NEPA and other Federal environmental reviews 
and approvals including permitting; design completion; right of way 
acquisition; approval of plans, specifications and estimates; 
procurement; State and local approvals; project partnership and 
implementation agreements including agreements with railroads; and 
construction. The project schedule should be sufficiently detailed to 
demonstrate that:
    (1) All necessary activities will be complete to allow TIGER funds 
to be obligated sufficiently in advance of the statutory deadline 
(September 30, 2020 for FY 2017 funds), and that any unexpected delays 
will not put the funds at risk of expiring before they are obligated;
    (2) the project can begin construction quickly upon obligation of 
TIGER funds, and that the grant funds will be spent expeditiously once 
construction starts; and
    (3) all real property and right-of-way acquisition will be 
completed in a timely manner in accordance with 49 CFR part 24, 23 CFR 
part 710, and other applicable legal requirements or a statement that 
no acquisition is necessary.
    (C) Required Approvals.
    (1) Environmental Permits and Reviews. The application should 
demonstrate receipt (or reasonably anticipated receipt) of all 
environmental approvals and permits necessary for the project to 
proceed to construction on the timeline specified in the project 
schedule and necessary to meet the statutory obligation deadline, 
including satisfaction of all Federal, State and local requirements and 
completion of the NEPA process. Specifically, the application should 
include:
    (a) Information about the NEPA status of the project. If the NEPA 
process is complete, an applicant should indicate the date of 
completion, and provide a Web site link or other reference to the final 
Categorical Exclusion, Finding of No Significant Impact, Record of 
Decision, and any other NEPA documents prepared. If the NEPA process is 
underway, but not complete, the application should detail the type of 
NEPA review underway, where the project is in the process, and indicate 
the anticipated date of completion of all milestones and of the final 
NEPA determination. If the last agency action with respect to NEPA 
documents occurred more than three years before the application date, 
the applicant should describe why the project has been delayed and 
include a proposed approach for verifying and, if necessary, updating 
this material in accordance with applicable NEPA requirements.
    (b) Information on reviews, approvals, and permits by other 
agencies. An application should indicate whether the proposed project 
requires reviews or approval actions by other agencies,\5\ 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 Web site 
link or other reference to copies of any reviews, approvals, and 
permits prepared.
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    \5\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.
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    (c) Environmental studies or other documents, preferably through a 
Web site link, that describe in detail known project impacts, and 
possible mitigation for those impacts.
    (d) A description of discussions with the appropriate DOT operating 
administration field or headquarters office regarding the project's 
compliance with NEPA and other applicable Federal environmental reviews 
and approvals.
    (e) A description of public engagement about the project that has 
occurred, including details on the degree to which public comments and 
commitments have been integrated into project development and design.

[[Page 42431]]

    (2) State and Local Approvals. The applicant should demonstrate 
receipt of State and local approvals on which the project depends, such 
as State and local environmental and planning approvals and Statewide 
Transportation Improvement Program (STIP) or (Transportation 
Improvement Program) TIP funding. Additional support from relevant 
State and local officials is not required; however, an applicant should 
demonstrate that the project has broad public support.
    (3) Federal Transportation Requirements Affecting State and Local 
Planning. The planning requirements applicable to the Federal-aid 
highway program apply to all TIGER projects, but for port, freight, and 
rail projects planning requirements of the operating administration 
that will administer the TIGER project will also apply,\6\ including 
intermodal projects located at airport facilities.\7\ Applicants should 
demonstrate that a project that is required to be included in the 
relevant State, metropolitan, and local planning documents has been or 
will be included in such documents. If the project is not included in a 
relevant planning document at the time the application is submitted, 
the applicant should submit a statement from the appropriate planning 
agency that actions are underway to include the project in the relevant 
planning document.
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    \6\ Under 23 U.S.C. 134 and 135, all projects requiring an 
action by FHWA must be in the applicable plan and programming 
documents (e.g., metropolitan transportation plan, transportation 
improvement program (TIP) and statewide transportation improvement 
program (STIP)). Further, in air quality non-attainment and 
maintenance areas, all regionally significant projects, regardless 
of the funding source, must be included in the conforming 
metropolitan transportation plan and TIP. Inclusion in the STIP is 
required under certain circumstances. To the extent a project is 
required to be on a metropolitan transportation plan, TIP, and/or 
STIP, it will not receive a TIGER grant until it is included in such 
plans. Projects not currently included in these plans can be amended 
by the State and MPO. Projects that are not required to be in long 
range transportation plans, STIPs, and TIPs will not need to be 
included in such plans in order to receive a TIGER grant. Port, 
freight rail, and intermodal projects are not required to be on the 
State Rail Plans called for in the Passenger Rail Investment and 
Improvement Act of 2008, or in a State Freight Plan as described in 
the FAST Act. However, applicants seeking funding for freight 
projects are encouraged to demonstrate that they have done 
sufficient planning to ensure that projects fit into a prioritized 
list of capital needs and are consistent with long-range goals. 
Means of demonstrating this consistency would include whether the 
project is in a TIP or a State Freight Plan that conforms to the 
requirements Section 70202 of Title 49 prior to the start of 
construction. Port planning guidelines are available at 
StrongPorts.gov.
    \7\ Projects at grant obligated airports must be compatible with 
the FAA-approved Airport Layout Plan, as well as aeronautical 
surfaces associated with the landing and takeoff of aircraft at the 
airport. Additionally, projects at an airport: Must comply with 
established Sponsor Grant Assurances, including (but not limited to) 
requirements for non-exclusive use facilities, consultation with 
users, consistency with local plans including development of the 
area surrounding the airport, and consideration of the interest of 
nearby communities, among others; and must not adversely affect the 
continued and unhindered access of passengers to the terminal.
---------------------------------------------------------------------------

    To the extent possible, freight projects should be included in a 
State Freight Plan and supported by a State Freight Advisory Committee 
(49 U.S.C. 70201, 70202), if these exist. Applicants should provide 
links or other documentation supporting this consideration.
    Because projects have different schedules, the construction start 
date for each TIGER grant must be specified in the project-specific 
agreements signed by relevant operating administration and the grant 
recipients, based on critical path items that applicants identify in 
the application and will be consistent with relevant State and local 
plans.
    (D) Assessment of Project Risks and Mitigation Strategies. Project 
risks, such as procurement delays, environmental uncertainties, 
increases in real estate acquisition costs, uncommitted local match, or 
lack of legislative approval, affect the likelihood of successful 
project start and completion. The applicant should identify all 
material risks to the project and the strategies that the lead 
applicant and any project partners have undertaken or will undertake in 
order to mitigate those risks. The applicant should assess the greatest 
risks to the project and identify how the project parties will mitigate 
those risks.
    To the extent it is unfamiliar with the Federal program, the 
applicant should contact the appropriate DOT operating administration 
field or headquarters offices, as found in contact information at 
www.transportation.gov/TIGERgrants, for information on the pre-
requisite steps to obligate Federal funds in order to ensure that their 
project schedule is reasonable and that there are no risks of delays in 
satisfying Federal requirements.
vi. Benefit Cost Analysis
    This section describes the recommended approach for the completion 
and submission of a benefit-cost analysis (BCA) as an appendix to the 
Project Narrative. The results of the analysis should be summarized in 
the Project Narrative directly, as described in Section D.2.
    Applicants should delineate each of their project's expected 
outcomes in the form of a complete BCA to enable the Department to 
evaluate the project's cost-effectiveness by estimating a benefit-cost 
ratio and calculating the magnitude of net benefits and costs for the 
project. In support of each project for which an applicant seeks 
funding, that applicant should submit a BCA that quantifies the 
expected benefits of the project against a no-build baseline, provides 
monetary estimates of the benefits' economic value, and compares the 
properly-discounted present values of these benefits to the project's 
estimated costs.
    The primary economic benefits from projects eligible for TIGER 
grants are likely to include savings in travel time costs, vehicle 
operating costs, and safety costs for both existing users of the 
improved facility and new users who may be attracted to it as a result 
of the project. Reduced damages from vehicle emissions and savings in 
maintenance costs to public agencies may also be quantified. Applicants 
may describe other categories of benefits in the BCA that are more 
difficult to quantify and value in economic terms, such as improving 
the reliability of travel times or improvements to the existing human 
and natural environments (such as increased connectivity, improved 
public health, storm water runoff mitigation, and noise reduction), 
while also providing numerical estimates of the magnitude and timing of 
each of these additional impacts wherever possible. Any benefits 
claimed for the project, both quantified and unquantified, should be 
clearly tied to the expected outcomes of the project.
    The BCA should include the full costs of developing, constructing, 
operating, and maintaining the proposed project, as well as the 
expected timing or schedule for costs in each of these categories. The 
BCA may also consider the present discounted value of any remaining 
service life of the asset at the end of the analysis period (net of 
future maintenance and rehabilitation costs) as a deduction from the 
estimated costs. The costs and benefits that are compared in the BCA 
should also cover the same project scope.
    The BCA should carefully document the assumptions and methodology 
used to produce the analysis, including a description of the baseline, 
the sources of data used to project the outcomes of the project, and 
the values of key input parameters. Applicants should provide all 
relevant files used for their BCA, including any spreadsheet files and 
technical memos describing the analysis (whether created in-house or by 
a contractor). The spreadsheets and technical memos should present the 
calculations in sufficient detail and transparency to allow the 
analysis to be reproduced by DOT evaluators. Detailed

[[Page 42432]]

guidance for estimating some types of quantitative benefits and costs, 
together with recommended economic values for converting them to dollar 
terms and discounting to their present values, are available in the 
Department's guidance for conducting BCAs for projects seeking funding 
under the TIGER program (see https://www.transportation.gov/buildamerica/TIGERgrants).
vii. Cost Share
    The applicant should describe the extent to which the project 
cannot be readily and efficiently completed without a TIGER 
Discretionary Grant, and describe the extent to which other sources of 
funds, including Federal, State, or local funding, may or may not be 
readily available for the project. This section of the application 
should include information that, when considered with the project 
budget information presented elsewhere in the application, is 
sufficient for the Department to evaluate how the project addresses the 
Cost Share criterion, including:
    (A) A description of the applicant's activities to maximize the 
non-Federal share of the project funding;
    (B) a description of any fiscal constraints that affect the 
applicant's ability to use non-Federal contributions;
    (C) a description of the non-Federal share across the applicant's 
transportation program, if the applicant is a regular recipient of 
federal transportation funding; and
    (D) a description of the applicant's plan to address the full life-
cycle costs associated with the project, including a description of 
operations and maintenance funding commitments made by the applicant.
viii. Federal Wage Rate Certification (a Certification, Signed by the 
Applicant(s), Stating That It Will Comply With the Requirements of 
Subchapter IV of Chapter 31 of Title 40, United States Code [Federal 
Wage Rate Requirements], as Required by the FY 2017 Appropriations Act)
    The purpose of this recommended format is to ensure that 
applications clearly address the program requirements and make critical 
information readily apparent.
    DOT recommends that the project narrative be prepared with standard 
formatting preferences (i.e., a single-spaced document, using a 
standard 12-point font, such as Times New Roman, with 1-inch margins). 
The project narrative may not exceed 30 pages in length. Documentation 
supporting the assertions made in the narrative portion may also be 
provided, but should be limited to relevant information. Cover pages, 
tables of contents, and the federal wage rate certification do not 
count towards the 30-page limit for the narrative portion of the 
application. The only substantive portions of the application that may 
exceed the 30-page limit are any supporting documents (including a more 
detailed discussion of the benefit-cost analysis) provided to support 
assertions or conclusions made in the 30-page narrative section. If 
possible, Web site links to supporting documentation (including a more 
detailed discussion of the benefit-cost analysis) should be provided 
rather than copies of these materials. Otherwise, supporting documents 
should be included as appendices to the application. Applicants' 
references to supporting documentation should clearly identify the 
relevant portion of the supporting material. At the applicant's 
discretion, relevant materials provided previously to a relevant modal 
administration in support of a different DOT discretionary financial 
assistance program (for example, New Starts or TIFIA) may be referenced 
and described as unchanged. This information need not be resubmitted 
for the TIGER Discretionary Grant application but may be referenced as 
described above; Web site links to the materials are highly 
recommended. DOT recommends using appropriately descriptive file names 
(e.g., ``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding 
and Letters of Support,'' etc.) for all attachments.

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

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

4. Submission Dates and Times

i. Deadline
    Applications must be submitted by 8:00 p.m. EDT on October 16, 
2017. The Grants.gov ``Apply'' function will open by September 7, 2017. 
The Department has determined that an application deadline fewer than 
60 days after this notice is published is appropriate because this 
notice is substantially similar to previous years.
    To submit an application through Grants.gov, applicants must:
    (1) Obtain a Data Universal Numbering System (DUNS) number;
    (2) Register with the System for Award Management (SAM) at 
www.SAM.gov;
    (3) Create a Grants.gov username and password; and
    (4) The E-Business Point of Contact (POC) at the applicant's 
organization must respond to the registration email from Grants.gov and 
login at Grants.gov to authorize the applicant as the Authorized 
Organization Representative (AOR). Please note that there can be more 
than one AOR for an organization.
    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and that the Department will not consider late 
applications that are the result of failure to register or comply with 
Grants.gov applicant requirements in a timely manner. For information 
and instruction on each of these processes, please see instructions at 
http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If 
applicants experience difficulties at any point during the registration 
or application process, please call the Grants.gov Customer Service 
Support Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to 
9:00 p.m. EST.
ii. Consideration of Applications
    Only applicants who comply with all submission deadlines described 
in this notice and electronically submit valid applications through 
Grants.gov will be eligible for award. Applicants are strongly 
encouraged to make submissions in advance of the deadline.
iii. Late Applications
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="3b6f727c7e695c495a554f487b5f544f155c544d">[email protected]</a> prior 
to the application deadline with the user name of the registrant and 
details of the technical issue experienced. The applicant must provide:
    (1) Details of the technical issue experienced;

[[Page 42433]]

    (2) Screen capture(s) of the technical issues experienced along 
with corresponding Grants.gov ``Grant tracking number'';
    (3) The ``Legal Business Name'' for the applicant that was provided 
in the SF-424;
    (4) The AOR name submitted in the SF-424;
    (5) The DUNS number associated with the application; and
    (6) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its Web site; (3) failure to follow all instructions 
in this Notice of funding opportunity; and (4) technical issues 
experienced with the applicant's computer or information technology 
environment. After the Department reviews all information submitted and 
contact the Grants.gov Help Desk to validate reported technical issues, 
DOT staff will contact late applicants to approve or deny a request to 
submit a late application through Grants.gov. If the reported technical 
issues cannot be validated, late applications will be rejected as 
untimely.

E. Application Review Information

1. Criteria

    This section specifies the criteria that DOT will use to evaluate 
and award applications for TIGER Discretionary Grants. The criteria 
incorporate the statutory eligibility requirements for this program, 
which are specified in this notice as relevant. There are two 
categories of selection criteria, ``Primary Selection Criteria'' and 
``Secondary Selection Criteria.'' Projects will also be evaluated for 
demonstrated project readiness, benefits and costs, and cost share.
i. Primary Selection Criteria
    Applications that do not demonstrate a likelihood of significant 
long-term benefits based on these criteria will not proceed in the 
evaluation process. DOT does not consider any primary selection 
criterion more important than the others. The primary selection 
criteria, which will receive equal consideration, are:
a. Safety
    The Department will assess the project's ability to foster a safe 
transportation system for the movement of goods and people. The 
Department will consider the projected impacts on the number, rate, and 
consequences of crashes, fatalities and injuries among transportation 
users; the project's contribution to the elimination of highway/rail 
grade crossings, or the project's contribution to preventing unintended 
releases of hazardous materials.
b. State of Good Repair
    The Department will assess whether and to what extent: (1) The 
project is consistent with relevant plans to maintain transportation 
facilities or systems in a state of good repair and address current and 
projected vulnerabilities; (2) if left unimproved, the poor condition 
of the asset will threaten future transportation network efficiency, 
mobility of goods or accessibility and mobility of people, or economic 
growth; (3) the project is appropriately capitalized up front and uses 
asset management approaches that optimize its long-term cost structure; 
(4) a sustainable source of revenue is available for operations and 
maintenance of the project and the project will reduce overall life-
cycle costs; and (5) the project includes a plan to maintain the 
infrastructure in a state of good repair. The Department will 
prioritize projects that ensure the good condition of infrastructure, 
including rural infrastructure, that support commerce and economic 
growth.
c. Economic Competitiveness
    The Department will assess whether the project will (1) decrease 
transportation costs and improve access, especially for rural 
communities, through reliable and timely access to employment centers 
and job opportunities; (2) improve long-term efficiency, reliability or 
costs in the movement of workers or goods; (3) increase the economic 
productivity of land, capital, or labor; (4) result in long-term job 
creation and other economic opportunities; or (5) help the United 
States compete in a global economy by facilitating efficient and 
reliable freight movement.
    Projects that address congestion in major urban areas, particularly 
those that do so through the use of congestion pricing or the 
deployment of advanced technology, projects that bridge gaps in service 
in rural areas, and projects that attract private economic development, 
all support national or regional economic competitiveness. Projects 
that incorporate private sector contributions, including through a 
public-private partnership structure, are likely to be more competitive 
that those that rely solely on public non-Federal funding.
d. Environmental Sustainability
    The Department will consider the extent to which the project 
improves energy efficiency, reduces dependence on oil, reduces 
congestion-related emissions, improves water quality, avoids and 
mitigates environmental impacts and otherwise benefits the environment, 
including through alternative right of way uses demonstrating 
innovative ways to improve or streamline environmental reviews while 
maintaining the same outcomes. The Department will assess the project's 
ability to: (i) Reduce energy use and air or water pollution through 
congestion mitigation strategies; (ii) avoid adverse environmental 
impacts to air or water quality, wetlands, and endangered species; or 
(iii) provide environmental benefits, such as brownfield redevelopment, 
ground water recharge in areas of water scarcity, wetlands creation or 
improved habitat connectivity, and stormwater mitigation.
e. Quality of Life
    The Department will consider the extent to which the project 
increases transportation choices for individuals to provide more 
freedom on transportation decisions and improves access to essential 
services for people in communities across the United States, 
particularly for rural communities. The Department will consider the 
extent to which the project improves connectivity for citizens to jobs, 
health care, and other critical destinations.
ii. Secondary Selection Criteria
a. Innovation
    The Department will assess the use of innovative strategies to 
address the primary selection criteria. The Department particularly 
seeks to experiment with innovative approaches to transportation 
safety, particularly in relation to automated vehicles and the 
detection, mitigation, and documentation of safety risks. When making 
TIGER award decisions, the Department will consider any innovative 
safety approaches proposed by the applicant, particularly projects 
which incorporate innovative design solutions, enhance the environment 
for automated vehicles, or use technology to improve the detection, 
mitigation, and documentation of safety risks. Innovative safety 
approaches may include, but are not limited to:
    <bullet> Conflict detection and mitigation technologies (e.g., 
intersection alerts and signal prioritization);

[[Page 42434]]

    <bullet> Dynamic signaling or pricing systems to reduce congestion;
    <bullet> Signage and design features that facilitate autonomous or 
semi-autonomous vehicle technologies;
    <bullet> Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents); 
and
    <bullet> Cybersecurity elements to protect safety-critical systems.
    For innovative safety proposals, the Department will evaluate 
safety benefits that those approaches could produce and the broader 
applicability of the potential results.
    DOT will also assess the extent to which the project uses 
innovative technology to significantly enhance the operational 
performance of the transportation system. Further, DOT will consider 
the extent to which the project utilizes innovative practices in 
contracting, congestion management, asset management, or long-term 
operations and maintenance. DOT is interested in projects that apply 
innovative strategies to improve the efficiency of project development 
or to improve project delivery, including by using FHWA's Special 
Experimental Project No. 14 (SEP-14) and Special Experimental Project 
No. 15 (SEP-15).
    DOT will also assess the extent to which the project incorporates 
innovations in transportation funding and finance and leverages both 
existing and new sources of funding or financing through both 
traditional and innovative means, including by using private sector 
funding or financing and recycled revenue from the competitive sale or 
lease of publicly owned or operated assets.
b. Partnership
    The Department will consider the extent to which projects 
demonstrate strong collaboration among a broad range of stakeholders. 
Projects with strong partnership typically involve multiple partners in 
project development and funding, such as State and local governments, 
other public entities, and/or private or nonprofit entities. DOT will 
also assess the extent to which the project application demonstrates 
collaboration among neighboring or regional jurisdictions, including 
neighboring rural areas, to achieve national, regional, or metropolitan 
benefits. In the context of public-private partnerships, DOT will 
assess the extent to which partners are encouraged to ensure long-term 
asset performance, such as through pay-for-success approaches.
    DOT will also consider the extent to which projects include 
partnerships that bring together diverse transportation agencies and/or 
are supported, financially or otherwise, by other stakeholders that are 
pursuing similar objectives. For example, DOT will consider the extent 
to which transportation projects are coordinated with economic 
development, housing, water infrastructure, and land use plans and 
policies or other public service efforts.
iii. Demonstrated Project Readiness
    During application evaluation, the Department considers project 
readiness to assess the likelihood of successful project. The 
Department will consider significant risks to successful completion of 
a project, including risks associated with environmental review, 
permitting, technical feasibility, funding, and the applicant's 
capacity to manage project delivery. Risks do not disqualify projects 
from award, but competitive applications clearly and directly describe 
achievable risk mitigation strategies. A project with mitigated risks 
or with a risk mitigation plan is more competitive than a comparable 
project with unaddressed risks.
iv. Project Costs and Benefits
    The Department will consider the project's costs and benefits. To 
the extent possible, the Department will rely on quantitative, data-
supported analysis to assess how well a project addresses this 
criterion, including an assessment of the project's estimated benefit-
cost ratio and net quantifiable benefits based on the applicant-
supplied BCA described in Section D.2.vi.
v. Cost Sharing or Matching
    The Department seeks applications for projects that exceed the 
minimum non-Federal cost share requirement described in Section C.2. 
Additionally, the FY 2017 Appropriations Act directs the Department to 
prioritize projects that require a contribution of Federal funds to 
complete an overall financing package, and all projects can increase 
their competitiveness for purposes of the TIGER program by 
demonstrating significant non-Federal financial contributions. TIGER 
applications that include INFRA Grants program funding as part of a 
proposed financing package will be less competitive than those that do 
not.
    DOT recognizes that applicants have varying abilities and resources 
to contribute non-Federal contributions, especially those communities 
that are not routinely receiving and matching Federal funds. DOT 
recognizes certain communities with fewer financial resources may 
struggle to provide cost-share that exceeds the minimum requirements 
and will, therefore, consider an applicant's broader fiscal constraints 
when evaluating non-Federal contributions.
    This evaluation criterion is separate from the statutory cost share 
requirements for TIGER grants, which are described Section C.2. Those 
statutory requirements establish the minimum permissible non-Federal 
share; they do not define a competitive TIGER project.
vi. Additional Considerations
    The FY 2017 Appropriations Act requires the Department to consider 
contributions to geographic diversity among recipients, including the 
need for a balance between the needs of rural and urban communities 
when selecting TIGER projects.

2. Review and Selection Process

    DOT reviews all eligible applications received before the deadline. 
The TIGER review and selection process consists of three phases: 
Technical Review, Tier Two Analysis consisting of project readiness and 
economic analysis, and Senior Review. A Control and Calibration Team 
ensures consistency across projects and appropriate documentation 
throughout the review and selection process. In the Technical 
Evaluation phase, teams comprising staff from the Office of the 
Secretary (OST) and modal administrations review all eligible 
applications and rate projects as Highly Recommended, Recommended, 
Acceptable, or Not Recommended based on how well the projects align 
with the selection criteria.
    Tier 2 Analysis consists of (1) an Economic Analysis and (2) a 
Project Readiness Analysis. The Economic Analysis Team, comprising OST 
and modal administration economic staff, assess the potential benefits 
and costs of the proposed projects. The Project Readiness Team, 
comprising Office of the Secretary Office of Policy (OST-P) and modal 
administration staff, evaluates the proposed project's technical and 
financial feasibility, potential risks and mitigation strategies, and 
project schedule, including the status of environmental approvals and 
readiness to proceed.
    In the third review phase, the Senior Review Team, which includes 
senior leadership from OST and the modal administrations, considers all 
projects that were rated Acceptable, Recommended, or Highly Recommended 
and determines which projects to advance to the Secretary as Highly 
Rated. The Secretary selects from

[[Page 42435]]

the Highly Rated projects for final awards.

3. Additional Information

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

F. Federal Award Administration Information

1. Federal Award Notice

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

2. Administrative and National Policy Requirements

    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part 
1201. Additionally, applicable Federal laws, rules and regulations of 
the relevant operating administration administering the project will 
apply to the projects that receive TIGER Discretionary Grants awards, 
including planning requirements, Service Outcome Agreements, 
Stakeholder Agreements, Buy America compliance, and other requirements 
under DOT's other highway, transit, rail, and port grant programs.
    For projects administered by FHWA, applicable Federal laws, rules, 
and regulations set forth in Title 23 U.S.C. and Title 23 CFR apply. 
For an illustrative list of the applicable laws, rules, regulations, 
executive orders, polices, guidelines, and requirements as they relate 
to a TIGER project administered by the FHWA, please see http://www.ops.fhwa.dot.gov/freight/infrastructureinfrastructure/tiger/fy2015_gr_exhbt/index.htm. For TIGER projects administered by the 
Federal Transit Administration and partially funded with Federal 
transit assistance, all relevant requirements under chapter 53 of title 
49 U.S.C. apply. For transit projects funded exclusively with TIGER 
Discretionary Grants funds, some requirements of chapter 53 of title 49 
U.S.C. and chapter VI of title 49 CFR apply. For projects administered 
by the Federal Railroad Administration, FRA requirements described in 
49 U.S.C. Subtitle V, part C apply.
    Federal wage rate requirements included in subchapter IV of chapter 
31 of title 40, U.S.C., apply to all projects receiving funds under 
this program, and apply to all parts of the project, whether funded 
with TIGER Discretionary Grant funds, other Federal funds, or non-
Federal funds.

3. Reporting

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

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the 
TIGER Discretionary Grants program staff via email at 
<a href="/cdn-cgi/l/email-protection#1145585654435663707f656251757e653f767e67"><span class="__cf_email__" data-cfemail="a4f0ede3e1f6e3d6c5cad0d7e4c0cbd08ac3cbd2">[email protected]</span></a>, or call Howard Hill at 202-366-0301. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, DOT will post answers to questions and requests for 
clarifications on DOT's Web site at www.transportation.gov/TIGER. To 
ensure applicants receive accurate information about eligibility or the 
program, the applicant is encouraged to contact DOT directly, rather 
than through intermediaries or third parties, with questions. DOT staff 
may also conduct briefings on the TIGER Discretionary Grants selection 
and award process upon request.

H. Other information

1. Protection of Confidential Business Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise

[[Page 42436]]

denote the CBI portions. DOT protects such information from disclosure 
to the extent allowed under applicable law. In the event DOT receives a 
Freedom of Information Act (FOIA) request for the information, DOT will 
follow the procedures described in its FOIA regulations at 49 CFR 7.17. 
Only information that is ultimately determined to be confidential under 
that procedure will be exempt from disclosure under FOIA.

Elaine L. Chao,
Secretary.
[FR Doc. 2017-19009 Filed 9-6-17; 8:45 am]
 BILLING CODE P


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