[Federal Register: March 23, 2007 (Volume 72, Number 56)]
[Notices]
[Page 13871-13966]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr07-163]
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Part II
Department of Transportation
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Federal Transit Administration
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FTA Fiscal Year 2007 Apportionments and Allocations and Program
Information; Notice
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FTA Fiscal Year 2007 Apportionments and Allocations and Program
Information
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
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SUMMARY: The ``Revised Continuing Appropriations Resolution, 2007,''
(Public Law 110-5), signed into law by President Bush on February 15,
2007, makes funds available for all of the surface transportation
programs of the Department of Transportation (DOT) for the Fiscal Year
(FY) ending September 30, 2007. This notice provides information on the
FY 2007 funding available for the Federal Transit Administration (FTA)
assistance programs, and provides program guidance and requirements,
and information on several program issues important in the current
year. The notice also includes tables that show unobligated carryover
funding available in FY 2007 under certain discretionary programs from
prior years. Finally, this notice also references separate Notices of
Funding Availability (NOFA) published concurrently for discretionary
opportunities under the Bus and Bus Facilities Program and the
Alternatives Analysis Program.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice contact Mary Martha Churchman, Director, Office of Transit
Programs, at (202) 366-2053. Please contact the appropriate FTA
regional office for any specific requests for information or technical
assistance. The Appendix at the end of this notice includes contact
information for FTA regional offices. An FTA headquarters contact for
each major program area is also included in the discussion of that
program in the text of the notice.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. FY 2007 Funding for FTA Programs
A. Funding Based on FY 2007 Continuing Appropriations
Resolution, 2007, and SAFETEA-LU Authorization
B. Program Funds Set-aside for Project Management Oversight
III. FY 2007 FTA Key Program Initiatives and Changes
A. SAFETEA-LU Implementation
B. Planning Emphasis Areas
C. Earmarks and Competitive Grant Opportunities
D. Changes in Flexible Funding Procedures
E. National Transit Database (NTD) Strike Policy
IV. FTA Programs
A. Metropolitan Planning Program (49 U.S.C. 5303)
B. Statewide Planning and Research Program (49 U.S.C. 5304)
C. Urbanized Area Formula Program (49 U.S.C. 5307)
D. Clean Fuels Formula Program (49 U.S.C. 5308)
E. Capital Investment Program (49 U.S.C. 5309)--Fixed Guideway
Modernization
F. Capital Investment Program (49 U.S.C. 5309)--Bus and Bus-
Related Facilities
G. Capital Investment Program (49 U.S.C. 5309)--New Starts
H. Special Needs of Elderly Individuals and Individuals with
Disabilities Program (49 U.S.C. 5310)
I. Nonurbanized Area Formula Program (49 U.S.C. 5311)
J. Rural Transportation Assistance Program (49 U.S.C.
5311(b)(3))
K. Public Transportation on Indian Reservation Program (49
U.S.C. 5311(c))
L. National Research Program (49 U.S.C. 5314)
M. Job Access and Reverse Commute Program (49 U.S.C. 5316)
N. New Freedom Program (49 U.S.C. 5317)
O. Alternative Transportation in Parks and Public Lands (49
U.S.C. 5320)
P. Alternatives Analysis Program (49 U.S.C. 5339)
Q. Growing States and High Density States Formula (49 U.S.C.
5340)
R. Over-the-Road Bus Accessibility Program (49 U.S.C. 5310 note)
V. FTA Policy and Procedures for FY 2007 Grants Requirements
A. Automatic Pre-Award Authority to Incur Project Costs
B. Letter of No Prejudice (LONP) Policy
C. FTA FY 2007 Annual List of Certifications and Assurances
D. FHWA Funds Used for Transit Purposes
E. Grant Application Procedures
F. Payments
G. Oversight
H. Technical Assistance
Tables
1. FTA FY 2007 Appropriations and Apportionments for Grant
Programs
2. FTA FY 2007 Metropolitan Transportation Planning Program and
Statewide Transportation Planning Program Apportionments
3. FTA FY 2007 Section 5307 and Section 5340 Urbanized Area
Apportionments
4. FTA FY 2007 Section 5307 Apportionment Formula
5. FTA FY 2007 Formula Programs Apportionments Data Unit Values
6. FTA FY 2007 Small Transit Intensive Cities Performance Data
and Apportionments
7. 2000 Census Urbanized Areas 200,000 or More in Population
Eligible to Use Section 5307 Funds for Operating Assistance
8. FTA FY 2007 Section 5308 Clean Fuels Grant Program
Allocations
9. FTA Prior Year Unobligated Section 5308 Clean Fuels
Allocations
10. FTA FY 2007 Section 5309 Fixed Guideway Modernization
Apportionments
11. FTA FY 2007 Fixed Guideway Modernization Program
Apportionment Formula
12. FTA FY 2007 Section 5309 Bus and Bus-Related Allocations
13. FTA Prior Year Unobligated Section 5309 Bus and Bus-Related
Facilities Allocations
14. FTA FY 2007 Section 5309 New Starts Allocations
15. FTA Prior Year Unobligated Section 5309 New Starts
Allocations
16. FTA FY 2007 Special Needs for Elderly Individuals and
Individuals With Disabilities Apportionments
17. FTA FY 2007 Section 5311 and Section 5340 Nonurbanized Area
Formula Apportionments, and Rural Transportation Assistance Program
(RTAP) Allocations
18. FTA FY 2007 National Research Program Allocations
19. FTA FY 2007 Section 5316 Job Access and Reverse Commute
(JARC) Apportionments
20. FTA Prior Year Unobligated Jarc Allocations
21. FTA FY 2007 Section 5317 New Freedom Apportionments
22. FTA FY 2007 Section 5339 Alternative Analysis Allocations
23. FTA Prior Year Unobligated Section 5339 Alternative Analysis
Alliocations
Appendix
I. Overview
This document apportions or allocates the FY 2007 funds available
under the Continuing Appropriations Resolution, 2007, among potential
program recipients according to statutory formulas in 49 U.S.C. Chapter
53 or congressional designations in Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
For each FTA program included, we have provided relevant
information on the FY 2007 funding currently available, requirements,
period of availability, and other related program information and
highlights, as appropriate. A separate section of the document provides
information on requirements and guidance that are applicable to all FTA
programs.
II. FY 2007 Funding for FTA Programs
A. Funding Based on FY 2007 Continuing Appropriations Resolution, 2007,
and SAFETEA-LU Authorization
The Revised Continuing Appropriations Resolution, 2007, (Pub. L.
110-5, February 15, 2007); hereafter called the Continuing
Appropriations Resolution, 2007, provides general funds and obligation
authority for trust funds that total $8.97 billion for FTA programs,
through September 30, 2007. Table 1 of this document shows the funding
for the FTA programs, as provided for in the Continuing
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Appropriations Resolution, 2007, and the reallocation of any prior year
funds to the program. All the Formula Programs and the Section 5309 Bus
and Bus Facilities Program are entirely funded from the Mass Transit
Account of the Highway Trust Fund in FY 2007. The Section 5309 New
Starts program, the Research program, and FTA administrative expenses
are funded by appropriations from the General Fund of the Treasury.
Congress has enacted a full year Continuing Appropriations
Resolution, 2007, in lieu of a new Appropriations Act for FY 2007. This
Notice includes tables of apportionments and allocations for FTA
programs. Allocations based on SAFETEA-LU are included for some
discretionary programs. In addition, FTA will issue separate Notices of
Funding Availability to solicit applications for discretionary funds
not allocated in SAFETEA-LU.
B. Program Funds Set-Aside for Project Management Oversight
FTA uses a percentage of funds appropriated to certain FTA programs
for program oversight activities conducted by the agency. The funds are
used to provide necessary oversight activities, including oversight of
the construction of any major project under these statutory programs;
to conduct safety and security, civil rights, procurement, management
and financial reviews and audits; and to provide technical assistance
to correct deficiencies identified in compliance reviews and audits.
Section 5327 of title 49, U.S.C., 5327 authorizes the takedown of
funds from FTA programs for project management oversight. Section 5327
provides oversight takedowns at the following levels: 0.5 percent of
Planning funds, 0.75 percent of Urbanized Area Formula funds, 1 percent
of Capital Investment funds, 0.5 percent of Special Needs of Elderly
Individuals and Individuals with Disabilities formula funds, 0.5
percent of Nonurbanized Area Formula funds, and 0.5 percent of
Alternative Transportation in the Parks and Public Lands funds.
III. FY 2007 FTA Program Initiatives and Changes
A. SAFETEA-LU Implementation.
In FY 2007, FTA continues to focus on implementation of SAFETEA-LU
through issuance of new and revised program guidance and regulations.
As any documents that include binding obligations on grantees are
issued, FTA makes them available for public comment prior to
finalizing. We encourage grantees to regularly check the FTA Web site
at http://www.fta.gov and the DOT docket management Web site at http://dms.dot.gov
for new issuances and to comment to the docket established
for each document on relevant issues.
B. Planning Emphasis Areas
FTA and the Federal Highway Administration (FHWA) are not issuing
new planning emphasis areas for FY 2007, and are rescinding planning
emphasis areas from prior years, in recognition of the priority that
planning organizations and grantees must pay to implementing the new
and changed provisions of SAFETEA-LU.
C. Earmarks and Competitive Grant Opportunities
The Continuing Appropriations Resolution, 2007, did not include any
new earmarks under any FTA program. However, SAFETEA-LU contained
statutory earmarks under several programs, and they are listed in the
tables in this Notice. FTA will honor those statutory earmarks. This
Notice also includes tables of unobligated balances for earmarks from
prior years under the Bus and Bus Facilities Program, the New Starts
Program, the Clean Fuels Program, and the Alternatives Analysis
Program. FTA will continue to honor those earmarks.
Because there are no new appropriations earmarks in FY 2007, there
are unallocated balances available in several programs to be
administered at FTA's discretion. FTA has allocated most of the
discretionary New Starts funds to the projects listed in the
President's Budget for FY 2007. FTA is soliciting applications for the
unallocated balance of the Bus and Bus Facilities program through two
Notices of Funding Availability, one published in a separate Part of
today's Federal Register to address priorities identified by FTA, and
the other, published in another Part of today's Federal Register, to
support the Department's Congestion Initiative. FTA is also issuing a
Notice of Funding Availability to solicit applications for the
Alternatives Analysis program to advance the state of the art of
planning for New Starts projects, included in yet another Part of
today's Federal Register.
D. Changes in Flexible Funding Procedures
FHWA has changed the accounting procedures for flexible funds, high
priority projects and transportation improvement projects transfers to
FTA. As a result, FTA will no longer be able to combine these
transferred funds in a single grant with FTA funds in the program to
which they are transferred. FTA is establishing new codes and
procedures for grants involving funds transferred from FHWA. See
Section V D of this Notice for more information.
E. National Transit Database (NTD) Strike Policy
It has been FTA's policy not to make adjustments to the annual
funding apportionment of transit agencies for strikes, labor disputes
or work stoppages. FTA has changed this policy. Effective with NTD
Report Year (RY) 2005 data, FTA will make ``hold harmless'' adjustments
due to strikes, labor disputes, or work stoppages. An adjustment will
be made beginning with the FY 2008 apportionment.
NTD RY 2005 data are the actual data used in apportionment of FY
2007 funds. NTD RY 2006 data will be used in the FY 2008 apportionment.
If your agency had a valid strike, labor dispute or work stoppage
during RY 2005 or RY 2006, please contact the NTD Web site.
Instructions for requesting a ``hold harmless'' adjustment can be
found in the 2006 NTD Reporting Manual, http://www.ntdprogram.gov,
under publications; see Introduction, page 7.
IV. FTA Programs
This section of the notice provides available FY 2007 funding and
other important program-related information for the three major FTA
funding accounts included in the notice (Formula and Bus Grants,
Capital Investment Grants, and Research). Of the 17 separate FTA
programs contained in this notice that fall under the major program
area headings, the funding for ten is apportioned by statutory or
administrative formula. Funding for the other seven is allocated on a
discretionary or competitive basis.
Funding and other important information for each of the 17 programs
is presented immediately below. This includes program apportionments or
allocations, certain program requirements, length of time FY 2007
funding is available to be committed, and other significant program
information pertaining to FY 2007, including the availability of
competitive opportunities under several programs.
A. Metropolitan Planning Program (49 U.S.C. 5303)
Section 5303 authorizes a cooperative, continuous, and
comprehensive planning program for transportation investment decision-
making at the metropolitan area level. State Departments of
Transportation are direct recipients of funds, which are
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then allocated to Metropolitan Planning Organizations (MPOs) by
formula, for planning activities that support the economic vitality of
the metropolitan area, especially by enabling global competitiveness,
productivity, and efficiency; increasing the safety and security of the
transportation system for motorized and non-motorized users; increasing
the accessibility and mobility options available to people and for
freight; protecting and enhancing the environment, promoting energy
conservation, and improving quality of life; enhancing the integration
and connectivity of the transportation system, across and between
modes, for people and freight; promoting efficient system management
and operation; and emphasizing the preservation of the existing
transportation system. For more about the Metropolitan Planning
Program, contact Candace Noonan, Office of Planning and Environment at
(202) 366-1648.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$81,892,800 to the Metropolitan Planning Program (49 U.S.C. 5303). The
total amount apportioned for the Metropolitan Planning Program (to
States for MPOs' use in urbanized areas (UZAs) is $82,373,861, as shown
in the table below, after the deduction for oversight (authorized by 49
U.S.C. Section 5327) and addition of prior year reapportioned funds.
Metropolitan Transportation Planning Program
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Total Appropriation.................................. $81,892,800
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Oversight Deduction.................................. -464,464
Prior Year Funds Added............................... 890,525
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Total Apportioned.................................. 82,373,861
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States' apportionments for this program are displayed in Table 2.
2. Basis for Formula Apportionments
As specified in law, 82.72 percent of the amounts authorized for
Section 5305 are allocated to the Metropolitan Planning program. FTA
allocates Metropolitan Planning funds to the States according to a
statutory formula. Eighty percent of the funds are distributed to the
States as a basic allocation based on each State's UZA population,
based on the most recent Census. The remaining 20 percent is provided
to the States as a supplemental allocation based on an FTA
administrative formula to address planning needs in the larger, more
complex UZAs. The amount published for each State is a combined total
of both the basic and supplemental allocation.
3. Program Requirements
The State allocates Metropolitan Planning funds to MPOs in UZAs or
portions thereof to provide funds for projects included in an annual
work program (the Unified Planning Work Program, or UPWP) that includes
both highway and transit planning projects. Each State has either
reaffirmed or developed, in consultation with their MPOs, a new
allocation formula, as a result of the 2000 Census. The State
allocation formula may be changed annually, but any change requires
approval by the FTA regional office before grant approval. Program
guidance for the Metropolitan Planning Program is found in FTA Circular
C8100.1B, Program Guidance and Application Instructions for
Metropolitan Planning Program Grants, dated October 25, 1996. FTA is in
the process of updating this circular to incorporate references to the
new and changed planning requirements in sections 5303 and 5305, as
amended by SAFETEA-LU and associated rulemaking.
4. Period of Availability
The funds apportioned under the Metropolitan Planning program
remain available to be obligated by FTA to recipients for four fiscal
years--which includes the year of apportionment plus three additional
years. Any apportioned funds that remain unobligated at the close of
business on September 30, 2010, will revert to FTA for reapportionment
under the Metropolitan Planning Program.
5. Other Program or Apportionment Related Information and Highlights
a. Planning Emphasis Areas (PEAs). FTA and FHWA are not issuing new
PEAs this year, and are rescinding PEAs issued in prior years, in light
of the priority given to implementation of SAFETEA-LU planning and
program provisions.
b. Consolidated Planning Grants. FTA and FHWA planning funds can be
consolidated into a single consolidated planning grant (CPG), awarded
by either FTA or FHWA. The CPG eliminates the need to monitor
individual fund sources, if several have been used, and ensures that
the oldest funds will always be used first. Unlike ``flex funds,''
State planning funds from FHWA will be able to be combined with FTA
planning funds in a single grant. Alternatively FTA planning funds can
be transferred to FHWA for administration.
Under the CPG, States can report metropolitan planning expenditures
(to comply with the Single Audit Act) for both FTA and FHWA under the
Catalogue of Federal Domestic Assistance number for FTA's Metropolitan
Planning Program (20.505). Additionally, for States with an FHWA
Metropolitan Planning (PL) fund-matching ratio greater than 80 percent,
the State (through FTA) can request a waiver of the 20 percent local
share requirement in order that all FTA funds used for metropolitan
planning in a CPG can be granted at the higher FHWA rate. For some
States, this Federal match rate can exceed 90 percent.
States interested in transferring planning funds between FTA and
FHWA should contact the FTA regional office or FHWA Division Office for
more detailed procedures.
For further information on CPGs, contact Candace Noonan, Office of
Planning and Environment, FTA, at (202) 366-1648, or Kenneth Petty,
Office of Planning and Environment, FHWA, at (202) 366-6654.
B. Statewide Planning and Research Program (49 U.S.C. 5304)
This program provides financial assistance to States for Statewide
planning and other technical assistance activities (including
supplementing the technical assistance program provided through the
Metropolitan Planning program), planning support for nonurbanized
areas, research, development and demonstration projects, fellowships
for training in the public transportation field, university research,
and human resource development. For more about the Statewide Planning
and Research Program contact Candace Noonan, Office of Planning and
Environment, at (202) 366-1648.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$17,107,200 to the Statewide Planning and Research Program (49 U.S.C.
5304). The total amount apportioned for the Statewide Planning and
Research Program (SPRP) is $17,252,652, as shown in the table below,
after the deduction for oversight (authorized by 49 U.S.C. Section
5327) and addition of prior year reapportioned funds.
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Statewide Transportation Planning Program
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Total Appropriation.................................. $17,107,200
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Oversight Deduction.................................. -85,536
Prior Year Funds Added............................... 230,988
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Total Apportioned.................................. 17,252,652
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State apportionments for this program are displayed in Table 2.
2. Basis for Apportionment Formula
As specified in law, 17.28 percent of the amounts authorized for
Section 5305 are allocated to the Statewide Planning and Research
program. FTA apportions funds to States by a statutory formula that is
based on information received from the latest decennial census, and the
State's UZA population as compared to the UZA population of all States.
However, a State must receive at least 0.5 percent of the amount
apportioned under this program.
3. Requirements
Funds are provided to States for statewide planning and research
programs. These funds may be used for a variety of purposes such as
planning, technical studies and assistance, demonstrations, management
training, and cooperative research. In addition, a State may authorize
a portion of these funds to be used to supplement Metropolitan Planning
funds allocated by the State to its UZAs, as the State deems
appropriate. Program guidance for the Statewide Planning and Research
program is found in FTA Circular C8200.1, Program Guidance and
Application Instructions for State Planning and Research Program
Grants, dated December 27, 2001. FTA is in the process of updating this
circular to incorporate the new and changed planning requirements in
sections 5304 and 5305, as amended by SAFETEA-LU and associated
rulemaking.
4. Period of Availability
The funds apportioned under the Statewide Planning and Research
program remain available to be obligated by FTA to recipients for four
fiscal years--which include the year of apportionment plus three
additional fiscal years. Any apportioned funds that remain unobligated
at the close of business on September 30, 2010, will revert to FTA for
reapportionment under the Statewide Planning and Research Program.
5. Other Program or Apportionment Related Information and Highlights
The information about Planning Emphasis Areas and CPGs described in
Section A. 5, above for the Metropolitan Planning Program (49 U.S.C.
5303), also applies to the Statewide Planning Program.
C. Urbanized Area Formula Program (49.U.S.C. 5307)
Section 5307 authorizes Federal capital and operating assistance
for transit in Urbanized Areas (UZAs). A UZA is an area with a
population of 50,000 or more that has been defined and designated as
such in the most recent decennial census by the U.S. Census Bureau. The
Urbanized Area Formula Program may also be used to support planning
activities, as a supplement to that funded under the Metropolitan
Planning program described above. Urbanized Areas Formula Program funds
used for planning must be shown in the UPWP for MPO(s) with
responsibility for that area. Funding is apportioned directly to each
UZA with a population of 200,000 or more, and to the State Governors
for UZAs with populations between 50,000 and 200,000. Eligible
applicants are limited to entities designated as recipients in
accordance with 49 U.S.C. 5307(a)(2) and other public entities with the
consent of the Designated Recipient. Generally, operating assistance is
not an eligible expense for UZAs with populations of 200,000 or more.
However, there are several exceptions to this restriction. The
exceptions are described in section 2(e) below.
For more information about the Urbanized Area Formula Program
contact Scott Faulk, Office of Transit Programs, at (202) 366-2053.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$3,606,175,000 to the Urbanized Area Formula Program (49 U.S.C. 5307).
The total amount apportioned for the Urbanized Area Formula Program is
$3,924,820,789 as shown in the table below, after the deduction for
oversight (authorized by 49 U.S.C. 5327) and including prior year
reapportioned funds and funds apportioned to UZA's from the
appropriation for Section 5340 for Growing States and High Density
States.
Urbanized Area Formula Program
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Total Appropriation.................................. $3,606,175,000
\a\
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Oversight Deduction.................................. -27,046,313
Prior Year Funds Added............................... 4,957,616
Section 5340 Funds Added............................. 340,734,486
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Total Apportioned.................................. 3,924,820,789
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\a\ Includes $36,061,750 for one percent set-aside for Small Transit
Intensive Cities Formula.
Table 3 displays the amounts apportioned under the Urbanized Area
Formula Program.
2. Basis for Formula Apportionment
FTA apportions Urbanized Area Formula Program funds based on
legislative formulas. Different formulas apply to UZAs with populations
of 200,000 or more and UZAs with populations less than 200,000. For
UZAs 50,000 to 199,999 in population, the formula is based simply on
population and population density. For UZAs with populations of 200,000
and more, the formula is based on a combination of bus revenue vehicle
miles, bus passenger miles, fixed guideway revenue vehicle miles, and
fixed guideway route miles, as well as population and population
density. Table 4 includes detailed information about the formulas.
To calculate a UZA's FY 2007 apportionment, FTA used population and
population density statistics from the 2000 Census and (when
applicable) validated mileage and transit service data from transit
providers' 2005 National Transit Database (NTD) Report Year. Also,
pursuant to 49 U.S.C. 5336(b). FTA used 60 percent of the directional
route miles attributable to the Alaska Railroad passenger operations
system to calculate the apportionment for the Anchorage, Alaska UZA.
We have calculated dollar unit values for the formula factors used
in the Urbanized Area Formula Program apportionment calculations. These
values represent the amount of money each unit of a factor is worth in
this year's apportionment. The unit values change each year, based on
all of the data used to calculate the apportionments. The dollar unit
values for FY 2007 are displayed in Table 5. To replicate the basic
formula component of a UZA's apportionment, multiply the dollar unit
value by the appropriate formula factor (i.e., the population,
population x population density), and (when applicable, data from the
NTD (i.e., route miles, vehicle revenue miles, passenger miles, and
operating cost).
[[Page 13876]]
In FY 2007, one percent of funds appropriated for Section 5307,
$36,061,750, is set aside for Small Transit Intensive Cities (STIC).
FTA apportions these funds to UZAs under 200,000 in population that
operate at a level of service equal to or above the industry average
level of service for all UZAs with a population of at least 200,000,
but not more than 999,999, in one or more of six performance
categories: passenger miles traveled per vehicle revenue mile,
passenger miles traveled per vehicle revenue hour, vehicle revenue
miles per capita, vehicle revenue hours per capita, passenger miles
traveled per capita, and passengers per capita.
The data for these categories for the purpose of FY 2007
apportionments comes from the NTD reports for the 2005 reporting year.
This data is used to determine a UZA's eligibility under the STIC
formula, and is also used in the STIC apportionment calculations.
Because this performance data change with each year's NTD reports, the
UZAs eligible for STIC funds and the amount each receives may vary each
year. In FY 2007, FTA apportioned $120,608 for each performance factor/
category for which the urbanized area exceeded the national average for
UZAs with a population of at least 200,000 but not more than 999,999.
In addition to the funds apportioned to UZAs, according to the
Section 5307 formula factors contained in 49 U.S.C. 5336, FTA also
apportions funds to urbanized areas under Section 5340 Growing States
and High Density States formula factors. In FY 2007, FTA apportioned
$138,734,486 to 453 UZA's in 50 Growing States and $202,000,000 to 46
UZA's in seven High Density States. Half of the funds appropriated for
Section 5340 are available to Growing States and half to High Density
States. FTA apportions Growing States funds by a formula based on State
population forecasts for 15 years beyond the most recent Census. FTA
distributes the amounts apportioned for each State between UZAs and
nonurbanized areas based on the ratio of urbanized/nonurbanized
population within each State in the 2000 census. FTA apportions the
High Density States funds to States with population densities in excess
of 370 persons per square mile. These funds are apportioned only to
UZAs within those States. FTA pro-rates each UZA's share of the High
Density funds based on the population of the UZAs in the State in the
2000 census.
FTA cannot provide unit values for the Growing States or High
Density formulas because the allocations to individual States and
urbanized areas are based on their relative population data, rather
than on a national per capita basis.
Based on language in the SAFETEA-LU conference report that directs
FTA to show a single apportionment amount for Section 5307, STIC and
Section 5340, FTA shows a single Section 5307 apportionment amount for
each UZA in Table 3, the Urbanized Area Formula apportionments. The
amount includes funds apportioned based on the Section 5307 formula
factors, any STIC funds, and any Growing States and High Density States
funding allocated to the area. FTA uses separate formulas calculations
to generate the respective apportionment amounts for the Section 5307,
STIC and Section 5340. For technical assistance purposes, the UZAs that
received STIC funds are listed in Table 6. FTA will make available
breakouts of the funding allocated to each UZA under these formulas,
upon request to the regional office.
3. Program Requirements
Program guidance for the Urbanized Area Formula Program is
presently found in FTA Circular C9030.1C, Urbanized Area Formula
Program: Grant Application Instructions, dated October 1, 1998, and
supplemented by additional information or changes provided in this
document. FTA is in the process of updating the circular to incorporate
changes resulting from language in SAFETEA-LU. Several important
program requirements are highlighted below.
a. Urbanized Area Formula Apportionments to Governors. For small
UZAs, those with a population of less than 200,000, FTA apportions
funds to the Governor of each State for distribution. A single total
Governor apportionment amount for the Urbanized Area Formula, STIC, and
Growing States and High Density States is shown in the Urbanized Area
Formula Apportionment table 3. The table also shows the apportionment
amount attributable to each small UZA within the State. The Governor
may determine the sub-allocation of funds among the small UZAs except
that funds attributed to a small UZA that is located within the
planning boundaries of a Transportation Management Area (TMA) must be
obligated to that small UZA, as discussed in subsection f below.
b. Transit Enhancements. Section 5307(d)(1)(K) requires that one
percent of Section 5307 funds apportioned to UZAs with populations of
200,000 or more be spent on eligible transit enhancement activities or
projects. This requirement is now treated as a certification, rather
than as a set-aside as was the case under the Transportation Equity Act
for the 21st Century (TEA-21). Designated recipients in UZAs with
populations of 200,000 or more certify they are spending not less than
one percent of Section 5307 funds for transit enhancements. In
addition, Designated Recipients must submit an annual report on how
they spent the money with the Federal fiscal year's final quarterly
progress report in TEAM-Web. The report should include the following
elements: (a) Grantee name, (b) UZA name and number, (c) FTA project
number, (d) transit enhancement category, (e) brief description of
enhancement and progress towards project implementation, (f) activity
line item code from the approved budget, and (g) amount awarded by FTA
for the enhancement. The list of transit enhancement categories and
activity line item (ALI) codes may be found in the table of Scope and
ALI codes on TEAM-Web, which can be accessed at http://FTATEAMWeb.fta.dot.gov
.
The term ``transit enhancement'' includes projects or project
elements that are designed to enhance public transportation service or
use and are physically or functionally related to transit facilities.
Eligible enhancements include the following: (1) Historic preservation,
rehabilitation, and operation of historic mass transportation
buildings, structures, and facilities (including historic bus and
railroad facilities); (2) bus shelters; (3) landscaping and other
scenic beautification, including tables, benches, trash receptacles,
and street lights; (4) public art; (5) pedestrian access and walkways;
(6) bicycle access, including bicycle storage facilities and installing
equipment for transporting bicycles on mass transportation vehicles;
(7) transit connections to parks within the recipient's transit service
area; (8) signage; and (9) enhanced access for persons with
disabilities to mass transportation.
It is the responsibility of the MPO to determine how the one-
percent for transit enhancements will be allotted to transit projects.
The one percent minimum requirement does not preclude more than one
percent from being expended in a UZA for transit enhancements. However,
activities that are only eligible as enhancements--in particular,
operating costs for historic facilities--may be assisted only within
the one-percent funding level.
c. Transit Security Projects. Pursuant to section 5307(d)(1)(J),
each recipient of Urbanized Area Formula funds must certify that of the
amount received each
[[Page 13877]]
fiscal year, it will expend at least one percent on ``public
transportation security projects'' or must certify that it has decided
the expenditure is not necessary. For applicants not eligible to
receive Section 5307 funds for operating assistance, only capital
security projects may be funded with the one percent. SAFETEA-LU,
however, expanded the definition of eligible ``capital'' projects to
include specific crime prevention and security activities, including:
(1) Projects to refine and develop security and emergency response
plans; (2) projects aimed at detecting chemical and biological agents
in public transportation; (3) the conduct of emergency response drills
with public transportation agencies and local first response agencies;
and (4) security training for public transportation employees, but
excluding all expenses related to operations, other than such expenses
incurred in conducting emergency drills and training. New ALI codes
have been established for these four new capital activities. The one
percent may also include security expenditures included within other
capital activities, and, where the recipient is eligible, operating
assistance. The relevant ALI codes would be used for those activities.
FTA is often called upon to report to Congress and others on how
grantees are expending Federal funds for security enhancements. To
facilitate tracking of grantees' security expenditures, which are not
always evident when included within larger capital or operating
activity line items in the grant budget, we have established a non-
additive (``non-add'') scope code for security expenditures--Scope 991.
The non-add scope is to be used to aggregate activities included in
other scopes, and it does not increase the budget total. Section 5307
grantees should include this non-add scope in the project budget for
each new Section 5307 grant application or amendment. Under this non-
add scope, the applicant should repeat the full amount of any of the
line items in the budget that are exclusively for security and include
the portion of any other line item in the project budget that is
attributable to security, using under the non-add scope the same line
item used in the project budget. The grantee can modify the ALI
description or use the extended text feature, if necessary, to describe
the security expenditures.
The grantee must provide information regarding its use of the one
percent for security as part of each Section 5307 grant application,
using a special screen in TEAM-Web. If the grantee has certified that
it is not necessary to expend one percent for security, the Section
5307 grant application must include information to support that
certification. FTA will not process an application for a Section 5307
grant until the security information is complete.
d. FY 2007 Operating Assistance. UZAs under 200,000 population may
use Section 5307 funds for operating assistance. In addition, Section
5307, as amended by, SAFETEA-LU and TEA-21, allows some UZAs with a
population of 200,000 or more to use FY 2007 Urbanized Area Formula
funds for operating assistance under certain conditions. The specific
provisions allowing the limited use of operating assistance in large
UZAs are as follows:
(1) Section 5307(b)(2) allows UZAs that grew in population from
under 200,000 to over 200,000, as a result of the 2000 Census to use FY
2007 funds for operating assistance in an amount up to 25 percent of
the grandfathered amount for FY 2005 funds. (The provision is
completely phased out in FY 2008.) Table 7 shows the maximum amount of
each eligible UZA's Section 5307 apportionment that can be used for
operating assistance.
(2) Section 5307(b)(1)(E) provides for grants for the operating
costs of equipment and facilities for use in public transportation in
the Evansville, IN-KY urbanized area, for a portion or portions of the
UZA if: the portion of the UZA includes only one State; the population
of the portion is less than 30,000; and the grants will be not used to
provide public transportation outside of the portion of the UZA.
(3) Section 5307(b)(1)(F) provides operating costs of equipment and
facilities for use in public transportation for local governmental
authorities in areas which adopted transit operating and financing
plans that became a part of the Houston, Texas, UZA as a result of the
2000 decennial census of population, but lie outside the service area
of the principal public transportation agency that serves the Houston
UZA.
(4) Section 5336(a)(2) prescribes the formula to be used to
apportion Section 5307 funds to UZAs with population of 200,000 or
more. SAFETEA-LU amended 5336(a)(2) to add language that stated, ``* *
* except that the amount apportioned to the Anchorage urbanized area
under subsection (b) shall be available to the Alaska Railroad for any
costs related to its passenger operations.'' This language has the
effect of directing that funds apportioned to the Anchorage urbanized
area, under the fixed guideway tiers of the Section 5307 apportionment
formula, be made available to the Alaska Railroad, and that these funds
may be used for any capital or operating costs related to its passenger
operations.
(5) Section 3027(c)(3) of TEA-21, as amended (49 U.S.C. 5307 note),
provides an exception to the restriction on the use of operating
assistance in a UZA with a population of 200,000 or more, by allowing
transit providers/grantees that provide service exclusively to elderly
persons and persons with disabilities and that operate 20 or fewer
vehicles to use Section 5307 funds apportioned to the UZA for operating
assistance. The total amount of funding made available for this purpose
under Section 3027(c)(3) is $1.4 million. Transit providers/grantees
eligible under this provision have already been identified and
notified.
e. Sources of Local Match. Pursuant to Section 5307(e), the Federal
share of an urbanized area formula grant is 80 percent of net project
cost for a capital project and 50 percent of net project cost for
operating assistance. The remainder of the net project cost (i.e., 20
percent and 50 percent, respectively) shall be provided from the
following sources:
1. In cash from non-Government sources other than revenues from
providing public transportation services;
2. From revenues derived from the sale of advertising and
concessions;
3. From an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital;
4. From amounts received under a service agreement with a State or
local social service agency or private social service organization; and
5. Proceeds from the issuance of revenue bonds.
In addition, funds from Section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) can be used to match
Urbanized Area Formula funds.
f. Designated Transportation Management Areas (TMA). Guidance for
setting the boundaries of TMAs is in the joint transportation planning
regulations codified at 23 CFR Part 450 and 49 CFR Part 613. In some
cases, the TMA planning boundaries established by the MPO for the
designated TMA includes one or more small UZAs. In addition, one small
UZA (Santa Barbara, CA) has been designated as a TMA. In either of
these situations, the Governor cannot allocate ``Governor's
Apportionment'' funds attributed to the small UZAs to other areas; that
is, the Governor only has discretion to allocate Governor's
Apportionment funds attributable to
[[Page 13878]]
areas that are outside of designated TMA planning boundaries.
The list of small UZAs included within the planning boundaries of
designated TMAs is provided in the table below.
------------------------------------------------------------------------
Small urbanized area included in
Designated TMA TMA planning boundary
------------------------------------------------------------------------
Albany, NY........................... Saratoga Springs, NY.
Houston, TX.......................... Galveston, TX; Lake Jackson-
Angleton, TX; Texas City, TX;
The Woodlands, TX.
Jacksonville, FL..................... St. Augustine, FL.
Orlando, FL.......................... Kissimmee, FL.
Palm Bay-Melbourne, FL............... Titusville, FL.
Philadelphia, PA-NJ-DE-MD............ Pottstown, PA.
Pittsburgh, PA....................... Monessen, PA; Weirton, WV-
Steubenville, OH-PA (PA
portion); Uniontown-
Connellsville, PA.
Seattle, WA.......................... Bremerton, WA.
Washington, DC-VA-MD................. Frederick, MD.
------------------------------------------------------------------------
The MPO must notify the Associate Administrator for Program
Management, Federal Transit Administration, 400 Seventh Street, SW.,
Washington, DC 20590, in writing, no later than July 1 of each year, to
identify any small UZA within the planning boundaries of a TMA.
g. Urbanized Area Formula Funds Used for Highway Purposes. Funds
apportioned to a TMA are eligible for transfer to FHWA for highway
projects. However, before funds can be transferred, the following
conditions must be met: (1) Such use must be approved by the MPO in
writing, after appropriate notice and opportunity for comment and
appeal are provided to affected transit providers; (2) in the
determination of the Secretary, such funds are not needed for
investments required by the Americans with Disabilities Act of 1990
(ADA); and (3) the MPO determines that local transit needs are being
addressed.
The MPO should notify the appropriate FTA Regional Administrator of
its intent to use FTA funds for highway purposes, as prescribed in
section V.D below. Urbanized Area Formula funds that are designated by
the MPO for highway projects will be transferred to and administered by
FHWA.
4. Period of Availability
The Urbanized Area Formula Program funds apportioned in this notice
remain available to be obligated by FTA to recipients until September
30, 2010. Any of these apportioned funds that remain unobligated at the
close of business on September 30, 2010, will revert to FTA for
reapportionment under the Urbanized Area Formula Program.
5. Other Program or Apportionment Related Information and Highlights
In each UZA with a population of 200,000 or more, the Governor in
consultation with responsible local officials, and publicly owned
operators of public transportation has designated one or more entities
to be the Designated Recipient for Section 5307 funds apportioned to
the UZA. The same entity(s) may or may not be the Designated Recipient
for the Job Access and Reverse Commute (JARC) and New Freedom program
funds apportioned to the UZA. In UZAs under 200,000 population, the
State is the Designated Recipient for Section 5307 as well as JARC and
New Freedom programs. The Designated Recipient for Section 5307 may
authorize other entities to apply directly to FTA for Section 5307
grants pursuant to a supplemental agreement. While the requirement that
projects selected for funding be included in a locally developed
coordinated public transit/human service transportation plan is not
included in Section 5307 as it is in Sections 5310, 5316 (JARC) and
5317 (New Freedom), FTA expects that in their role as public transit
providers, recipients of Section 5307 funds will be participants in the
local planning process for these programs.
D. Clean Fuels Grant Program (49.U.S.C. 5308)
The Clean Fuels Grant Program supports the use of alternative fuels
in air quality maintenance or nonattainment areas for ozone or carbon
monoxide through capital grants to urbanized areas for clean fuel
vehicles and facilities. Previously an unfunded Formula Program under
TEA-21, the program is now a discretionary program. FTA published a
Notice of Proposed Rulemaking for the discretionary program on October
16, 2006, and is now in the process of reviewing comments and
finalizing the rule. For more information about this program contact
Kimberly Sledge, Office of Transit Programs, at (202) 366-2053.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$45,000,000 to the Clean Fuels Grant Program (49 U.S.C. 5308). SAFETEA-
LU earmarked $18,721,000 for specific Clean Fuel projects. The balance
of $26,279,000 was transferred to the discretionary Bus Program.
Clean Fuels Grant Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $45,000,000
------------------------------------------------------------------------
Transfer to Bus and Bus Facility..................... -$26,279,000
Funds Allocated to SAFETEA-LU Earmarks............... 18,721,000
------------------------------------------------------------------------
Allocations to projects earmarked under the Clean Fuels program in
SAFETEA-LU are displayed in Table 8.
2. Basis for Allocation of Funds.
Section 3044(b) of SAFETEA-LU included 16 projects to be funded
through the Clean Fuels program. Table 8 displays the amounts available
in FY 2007 to the Clean Fuels projects designated in SAFETEA-LU. FY
2006 carryover funds are shown in Table 9. No funds are available for
competitive allocation in FY 2007.
3. Requirements
Clean Fuels program funds may be made available to any grantee in a
UZA that is designated as maintenance or nonattainment area for ozone
or carbon monoxide as defined in the Clean Air Act. Eligible recipients
include Section 5307 Designated Recipients as well as recipients in
small UZAs. In the case of a small UZA, the State in which the area is
located will act as the recipient.
Eligible projects include the purchase or lease of clean fuel buses
(including buses that employ a lightweight composite primary
structure), the construction or lease of clean fuel buses or electrical
recharging facilities and related equipment for such buses, and
construction or improvement of public transportation facilities to
accommodate clean fuel buses.
Legislation will be necessary if a recipient wishes to use Clean
Fuels funds earmarked in SAFETEA-LU for
[[Page 13879]]
eligible program activities outside the scope of a project description.
Unless otherwise specified in law, grants made under the Clean
Fuels program must meet all other eligibility requirements as outlined
in Section 5308.
4. Period of Availability
Funds designated for specific Clean Fuels Program projects remain
available for obligation for three fiscal years, which includes the
year of appropriation plus two additional fiscal years. The FY 2007
funding for projects included in this notice remains available through
September 30, 2009. Clean Fuels funds not obligated in an FTA grant for
their original purpose at the end of the period of availability will
generally be made available for other projects.
E. Capital Investment Program (49 U.S.C. 5309)--Fixed Guideway
Modernization
This program provides capital assistance for the modernization of
existing fixed guideway systems. Funds are allocated by a statutory
formula to UZAs with fixed guideway systems that have been in operation
for at least seven years. A ``fixed guideway'' refers to any transit
service that uses exclusive or controlled rights-of-way or rails,
entirely or in part. The term includes heavy rail, commuter rail, light
rail, monorail, trolleybus, aerial tramway, inclined plane, cable car,
automated guideway transit, ferryboats, that portion of motor bus
service operated on exclusive or controlled rights-of-way, and high-
occupancy-vehicle (HOV) lanes. Eligible applicants are the public
transit authorities in those urbanized areas to which the funds are
allocated. For more information about Fixed Guideway Modernization
contact Scott Faulk, Office of Transit Programs, at (202) 366-2053.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$1,448,000,000 to the Fixed Guideway Modernization Program. The total
amount apportioned for the Fixed Guideway Modernization Program is
$1,433,520,000, after the deduction for oversight, as shown in the
table below.
Fixed Guideway Modernization Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $1,448,000,000
------------------------------------------------------------------------
Oversight Deduction.................................. -14,480,000
いいいいいいいいいいいいいいいいいいいいいいいいいいい
Total Apportioned.................................. 1,433,520,000
------------------------------------------------------------------------
The FY 2007 Fixed Guideway Modernization Program apportionments to
eligible areas are displayed in Table 10.
2. Basis for Formula Apportionment
The formula for allocating the Fixed Guideway Modernization funds
contains seven tiers. The apportionment of funding under the first four
tiers is based on amounts specified in law and NTD data used to
apportion funds in FY 1997. Funding under the last three tiers is
apportioned based on the latest available data on route miles and
revenue vehicle miles on segments at least seven years old, as reported
to the NTD. Section 5337(f) of title 49, U.S.C. provides for the
inclusion of Morgantown, West Virginia (population 55,997) as an
eligible UZA for purposes of apportioning fixed guideway modernization
funds. Also, pursuant to 49 U.S.C. 5336(b) FTA used 60 percent of the
directional route miles attributable to the Alaska Railroad passenger
operations system to calculate the apportionment for the Anchorage,
Alaska UZA under the Section 5309 Fixed Guideway Modernization formula.
FY 2007 Formula apportionments are based on data grantees provided
to the NTD for the 2005 reporting year. Table 11 provides additional
information and details on the formula. Dollar unit values for the
formula factors used in the Fixed Guideway Modernization Program are
displayed in Table 5. To replicate an area's apportionment, multiply
the dollar unit value by the appropriate formula factor, i.e., route
miles and revenue vehicle miles.
3. Program Requirements
Fixed Guideway Modernization funds must be used for capital
projects to maintain, modernize, or improve fixed guideway systems.
Eligible UZAs (those with a population of 200,000 or more) with fixed
guideway systems that are at least seven years old are entitled to
receive Fixed Guideway Modernization funds. A threshold level of more
than one mile of fixed guideway is required in order to receive Fixed
Guideway Modernization funds. Therefore, UZAs reporting one mile or
less of fixed guideway mileage under the NTD are not included. However,
funds apportioned to an urbanized area may be used on any fixed
guideway segment in the UZA. Program guidance for Fixed Guideway
Modernization is presently found in FTA Circular C9300.1A, Capital
Program: Grant Application Instructions, dated October 1, 1998. FTA is
in the process of updating this circular to incorporate changes
resulting from language in SAFETEA-LU.
4. Period of Availability
The funds apportioned in this notice under the Fixed Guideway
Modernization Program remain available to be obligated by FTA to
recipients for three fiscal years following FY 2007. Any of these
apportioned funds that remain unobligated at the close of business on
September 30, 2010, will revert to FTA for reapportionment under the
Fixed Guideway Modernization Program.
F. Capital Investment Program (49 U.S.C. 5309)--Bus and Bus-Related
Facilities
This program provides capital assistance for new and replacement
buses and related facilities. Funds are allocated on a discretionary
basis. Eligible purposes are acquisition of buses for fleet and service
expansion, bus maintenance and administrative facilities, transfer
facilities, bus malls, transportation centers, intermodal terminals,
park-and-ride stations, acquisition of replacement vehicles, bus
rebuilds, bus preventive maintenance, passenger amenities such as
passenger shelters and bus stop signs, accessory and miscellaneous
equipment such as mobile radio units, supervisory vehicles, fare boxes,
computers, and shop and garage equipment. Eligible applicants are State
and local governmental authorities. Eligible subrecipients include
other public agencies, private companies engaged in public
transportation and private non-profit organizations. For more
information about Bus and Bus-Related Facilities contact Maria Wright,
Office of Transit Programs, at (202) 366-2053.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$881,779,000 for the bus and bus facilities program. This amount
includes $855,500,000 provided for the Bus Program and $26,279,000
transferred from the Clean Fuels Program. The amount of funding for
projects designated in Section 3044 of SAFETEA-LU for Bus and Bus-
Related Facilities in FY 2007 is $459,670,089. The balance remains
unallocated, as shown in the following table.
Bus and Bus Facility Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $881,779,000 a
------------------------------------------------------------------------
Oversight Deduction.................................. -8,817,790
SAFETEA-LU Statutory Provisions Projects............. 459,670,089
[[Page 13880]]
Funds Available for Discretionary/Competitive 413,291,121
Allocation..........................................
------------------
Total Funds to be Allocated........................ 872,961,210
------------------------------------------------------------------------
a Includes $26,279,000 transferred from Clean Fuels Grant Program
The FY 2007 Bus and Bus Facility Program allocations are displayed
in Table 12.
2. Basis for Allocations
Funds are provided annually under Section 5309 for discretionary
allocation for bus and bus facilities projects. SAFETEA-LU listed 646
earmarked projects to be funded each year through the Bus Program
(Section 3044) and specified additional projects in Section 5309(m)(7).
Table 12 displays the allocation of the FY 2007 Bus and Bus-Related
Facilities funds by State and project for projects earmarked in
SAFETEA-LU. The table includes a SAFETEA-LU project number for each
project listed in Section 3044. No additional projects were earmarked
in the Continuing Appropriations Resolution, 2007. In fact, Section 112
of the Continuing Appropriations Resolution, 2007, (H.J. Res 20)
specifically precluded using FY 2007 funds to award grants for projects
designated Section 5309 bus funds in the statement of managers
accompanying the FY 2006 Department of Transportation Appropriations
Act (Pub. L. 109-115).
3. Requirements
Section 125 and Section 113 of the FY 2005 and FY 2006 Department
of Transportation Appropriations Acts, respectively, make projects
identified in the statement of managers automatically eligible to
receive the funds designated to the project ``notwithstanding any other
provision of law.'' Similar language was first included as a general
provision in Section 547 of the FY 2004 Department of Transportation
Appropriations Acts. In addition, Section 3044 of SAFETEA-LU earmarked
646 Bus and Bus Facilities projects in FY 2007. FTA will review
Congressional intent on a case by case basis.
FTA honors Congressional earmarks for the purpose designated, for
purposes eligible under the program or under the expanded eligibility
of a ``notwithstanding'' provision. If you want to apply to use funds
designated under the Bus Program in any year for project activities
outside the scope of the project designation included in report
language, you must submit your request for reprogramming to the House
and Senate Committees on Appropriations for resolution. FTA will not
reprogram projects Congress designated in report language without
direction from the Appropriations Committees.
FTA will honor projects earmarked to receive Section 5309 bus funds
in SAFETEA-LU. Legislation will be necessary to amend the earmark if
you wish to use funds for project activities outside the scope of the
project description.
Grants made under the Bus and Bus-Related Facilities program must
meet all other eligibility requirements as outlined in Section 5309
unless otherwise specified in law.
Program guidance for Bus and Bus-Related Facilities is found in FTA
Circular C9300.1A, Capital Program: Grant Application Instructions. FTA
is in the process of updating this circular to incorporate changes
resulting from language in SAFETEA-LU.
4. Period of Availability
The FY 2007 Bus and Bus-Related Facilities funds not obligated for
their original purpose as of September 30, 2009, may be made available
for other projects under 49 U.S.C. 5309. The unusual appropriations
process in FY 2007 has not yet resulted in directions from Congress to
FTA not to reallocate unobligated bus program funds for designations
that lapsed at the end of FY 2006.
5. Other Program or Allocation Related Information and Highlights
Prior year unobligated balances for Bus and Bus-Related allocations
in the amount of $870,471,637 remain available for obligation in FY
2007. This includes $861,331,362 in fiscal years 2005 and 2006
unobligated allocations, and $9,140,275 for fiscal years 2002-2004
unobligated allocations that were extended by previous direction by the
House and Senate appropriation committees. The unobligated amounts
available as of September 30, 2006, are displayed in Table 13.
In two Notices of Funding Availability (NOFA), published as
separate parts of today's Federal Register, FTA is issuing procedures
for grantees to apply competitively for discretionary funding for
projects eligible under the Bus and Bus Facilities program. One NOFA
invites applications from States and from Designated Recipients under
the Urbanized Area Formula Program to fund bus and bus facility
projects that address the following FTA priorities: Fleet replacement
needs that cannot be met with formula funds, fleet expansion for
significant service improvements, purchase of clean fuel vehicles,
facility construction to support increased service or introduction of
clean fuels, and intermodal terminal projects that include intercity
bus providers, and Gulf Coast recovery. The other NOFA addresses the
Department of Transportation Congestion Initiative and invites
proposals from specific urbanized areas identified as the most
congested in the nation.
G. Capital Investment Program (49 U.S.C. 5309)--New Starts
The New Starts program provides funds for construction of new fixed
guideway systems or extensions to existing fixed guideway systems.
Eligible purposes are light rail, rapid rail (heavy rail), commuter
rail, monorail, automated fixed guideway system (such as a ``people
mover''), or a busway/high occupancy vehicle (HOV) facility, Bus Rapid
Transit that is fixed guideway, or an extension of any of these.
Projects become candidates for funding under this program by
successfully completing the appropriate steps in the major capital
investment planning and project development process. Major new fixed
guideway projects, or extensions to existing systems, financed with New
Starts funds typically receive these funds through a full funding grant
agreement (FFGA) that defines the scope of the project and specifies
the total multi-year Federal commitment to the project. Beginning in FY
2007, up to $200,000,000 each year is designated for ``Small Starts''
(Section 5309(e)) projects with a New Starts share of less than
$75,000,000 and a net project cost of less than $250,000,000. The
Continuing Appropriations Resolution, 2007, however, did not set aside
a specific amount for Small Starts from the amounts appropriated for
Capital Investment Grants.
Section 5309(m)(6) also made annual allocations of New Start
funding available to Alaska and Hawaii for ferryboats and to the Denali
Commission in Anchorage, Alaska under the terms of Section 307(e) of
the Denali Commission Act of 1998 (42 U.S.C. 3121) for docks,
waterfront development projects and related transportation
infrastructure in rural Alaska communities.
For more information about New Starts project development contact
Sean Libberton, Office of Planning and Environment, at (202) 366-4033,
or for information about published allocations contact Kimberly Sledge,
Office of Transit Programs, at (202) 366-2053.
[[Page 13881]]
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$1,566,000,000 to New Starts. The total amount allocated for New Starts
is $1,550,340,000, as shown in the table below.
New Starts
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation................................. $1,566,000,000 a
------------------------------------------------------------------------
Oversight Deduction................................. -15,660,000
Funds Allocated to Specific Projects in Table 14.... b 1,284,478,399
Unallocated Funds Available for Discretionary/ 265,861,601
Competitive Allocation.............................
-------------------
Total Funds to be Allocated....................... 1,550,340,000
------------------------------------------------------------------------
a Includes $200 million for Small Starts.
b Includes $20 million for the Denali Commission and Alaska and Hawaii
Ferry projects.
2. Basis for Allocation
Congress included authorizations for specific New Starts projects
in SAFETEA-LU and in statutory takedowns from the program for Alaska
and Hawaii Ferryboats and the Denali Commission. The Continuing
Appropriations Resolution, 2007, did not include project allocations.
FTA has allocated available FY 2007 New Starts funding as shown in
Table 14, based on existing FFGAs and the President's Budget for FY
2007.
3. Requirements
Because New Starts projects are earmarked in law rather than report
language, reprogramming for a purpose other than that specified must
also occur in law. New Starts projects are subject to a complex set of
approvals related to planning and project development set forth in 49
CFR Part 611. FTA has published a number of rulemakings and interim
guidance documents related to the New Starts program since the passage
of SAFETEA-LU. Grantees should reference the FTA Web site at http://www.fta.dot.gov
for the most current program guidance about project
developments and management. Grant related guidance for New Starts is
found in FTA Circular C9300.1A, Capital Program: Grant Application
Instructions, dated October 1, 1998; and C5200.1A, Full Funding Grant
Agreement Guidance, dated December 5, 2002. FTA is in the process of
updating these circulars to incorporate changes resulting from language
in SAFETEA-LU and recent rulemakings.
4. Period of Availability
New Starts funds remain available for three fiscal years (including
the fiscal year the funds are made available or appropriated plus two
additional years.) FY 2007 funds remain available through September 30,
2009. Funds may be extended by Congress or made available for other
projects after the period of availability has expired. The unusual
appropriations process in FY 2007 has not yet resulted in any
extensions of prior year unobligated balances that lapsed at the end of
FY 2006.
5. Other Program or Apportionment Related Information and Highlights
Prior year unobligated allocations for New Starts in the amount of
$717,087,493 remain available for obligation in FY 2007. This amount
includes $118,384,337 in FY 2005 and $598,703,156 in FY 2006
unobligated allocations. These unobligated amounts are displayed in
Table 15. Information on pre-award authority for New Starts projects is
detailed in section V below.
H. Special Needs of Elderly Individuals and Individuals With
Disabilities Program (49 U.S.C. 5310)
This program provides formula funding to States for capital
projects to assist private nonprofit groups in meeting the
transportation needs of the elderly and individuals with disabilities
when the public transportation service provided in the area is
unavailable, insufficient, or inappropriate to meet these needs. A
State agency designated by the Governor administers the Section 5310
program. The State's responsibilities include: notifying eligible local
entities of funding availability; developing project selection
criteria; determining applicant eligibility; selecting projects for
funding; and ensuring that all subrecipients comply with Federal
requirements. Eligible nonprofit organizations or public bodies must
apply directly to the designated State agency for assistance under this
program. For more information about the Elderly and Individuals with
Disabilities Program contact Cheryl Oliver, Office of Transit Programs,
at (202) 366-2053.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$117,000,000 to the Elderly and Individuals with Disabilities Program
(49 U.S.C. 5310). After deduction of 0.5 percent for oversight, and the
addition of reapportioned prior year funds, $116,659,554 remains
available for allocation to the States.
Elderly and Individuals with Disabilities Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $117,000,000
------------------------------------------------------------------------
Oversight Deduction.................................. -585,000
Prior Year Funds Added............................... 244,554
------------------
Total Apportioned.................................. 116,659,554
------------------------------------------------------------------------
The FY 2007 Elderly and Individuals with Disabilities Program
apportionments to the States are displayed in Table 16.
2. Basis for Apportionment
FTA allocates funds to the States by an administrative formula
consisting of a $125,000 floor for each State ($50,000 for smaller
territories) with the balance allocated based on 2000 Census population
data for persons aged 65 and over and for persons with disabilities.
3. Requirements
Funds are available to support the capital costs of transportation
services for older adults and people with disabilities. Uniquely under
this program, eligible capital costs include the acquisition of
service. Seven specified States (Alaska, Louisiana, Minnesota, North
Carolina, Oregon, South Carolina, and Wisconsin) may use up to 33
percent of their apportionment for operating assistance under the terms
of the SAFETEA-LU Section 3012(b) pilot program.
Capital assistance is provided on an 80 percent Federal, 20 percent
local matching basis except that Section 5310(c) allows States eligible
for a higher match under the sliding scale for FHWA programs to use
that match ratio for Section 5310 capital projects. Operating
assistance is 50 percent Federal, 50 percent local, or the 62.5 percent
of the sliding scale Federal share. Funds provided under other Federal
programs (other than those of the DOT, with the exception of the
Federal Lands Highway Program established by 23 U.S.C. 204) may be used
as match. Revenue from service contracts may also be used as local
match.
While the assistance is intended primarily for private non-profit
organizations, public bodies approved by the State to coordinate
services for the elderly and individuals with disabilities, or any
public body that certifies to the State that there are no non-profit
organizations in the area that are readily available to carry out the
service, may receive these funds.
States may use up to ten percent of their annual apportionment to
administer, plan, and provide technical
[[Page 13882]]
assistance for a funded project. No local share is required for these
program administrative funds. Funds used under this program for
planning must be shown in the United Planning Work Program (UPWP) for
MPO(s) with responsibility for that area.
The State recipient must certify that: the projects selected were
derived from a locally developed, coordinated public transit-human
services transportation plan; and, the plan was developed through a
process that included representatives of public, private, and nonprofit
transportation and human services providers and participation by the
public. The locally developed, coordinated public transit-human
services transportation planning process must be coordinated and
consistent with the metropolitan and statewide planning processes and
funding for the program must included in the metropolitan and statewide
Transportation Improvement Plan (TIP and STIP) at a level of
specificity or aggregation consistent with State and local policies and
procedures. Finally, the State must certify that allocations of the
grant to subrecipients are made on a fair and equitable basis.
The coordinated planning requirement is also a requirement in two
additional programs. Projects selected for funding under the Job Access
Reverse Commute program and the New Freedom program are also required
to be derived from a locally developed coordinated public transit/human
service transportation plan. FTA anticipates that most areas will
develop one consolidated plan for all the programs, which may include
separate elements and other human service transportation programs.
The Section 5310 program is subject to the requirements of Section
5307 to the extent the Secretary determines appropriate. Program
guidance is found in FTA C 9070.1E, dated October 1, 1998. FTA
published a proposed revised circular for this program and is currently
reviewing comments submitted to the docket. The new circular will be
posted on the FTA Web site at http://www.fta.dot.gov when it is issued.
4. Period of Availability
FTA has administratively established a three year period of
availability for Section 5310 funds. Funds allocated to States under
the Elderly and Individuals with Disabilities Program in this notice
must be obligated by September 30, 2009. Any funding that remains
unobligated as of that date will revert to FTA for reapportionment
among the States under the Elderly and Individuals with Disabilities
Program.
5. Other Program or Apportionment Related Information and Highlights
States may transfer Section 5310 funds to Section 5307 or Section
5311, but only for projects selected under the Section 5310 program,
not as a general supplement for those programs. FTA anticipates that
the States would use this flexibility primarily for projects to be
implemented by a Section 5307 recipient in a small urbanized area, or
for Federally recognized Indian Tribes that elect to receive funds as a
direct recipient from FTA under Section 5311. A State that transfers
Section 5310 funds to Section 5307 must certify that each project for
which the funds are transferred has been coordinated with private
nonprofit providers of services. FTA has established a new scope code
(641) to track 5310 projects included within a Section 5307 or 5311
grant. Transfer to Section 5307 or 5311 is permitted but not required.
FTA expects primarily to award stand-alone Section 5310 grants to the
State for any and all subrecipients.
I. Nonurbanized Area Formula Program (49 U.S.C. 5311)
This program provides formula funding to States and Indian Tribes
for the purpose of supporting public transportation in areas with a
population of less than 50,000. Funding may be used for capital,
operating, State administration, and project administration expenses.
Eligible subrecipients include State and local public agencies, Indian
Tribes, private non-profit organizations, and private operators of
public transportation services, including intercity bus companies.
Indian Tribes are also eligible direct recipients under Section 5311,
both for funds apportioned to the States and for projects selected to
be funded with funds set aside for a separate Tribal Transit Program.
For more information about the Nonurbanized Area Formula Program
contact Lorna Wilson, Office of Transit Programs, at (202) 366-2053.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$404,000,000 to the Nonurbanized Area Formula Program (49 U.S.C. 5311).
The total amount apportioned for the Nonurbanized Area Formula Program
is $386,179,139, after take-downs of two percent for the Rural
Transportation Assistance Program (RTAP), 0.5 percent for oversight,
and $10,000,000 for the Tribal Transit Program, and the addition of
Section 5340 funds and prior year funds reapportioned, as shown in the
table below.
Nonurbanized Area Formula Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $404,000,000
------------------------------------------------------------------------
Oversight Deduction.................................. 2,020,000
RTAP Takedown........................................ 8,080,000
Tribal Transit Takedown.............................. 10,000,000
Prior Year Funds Added............................... 2,277,688
Section 5340 Funds Added............................. 63,265,514
------------------
Total Apportioned.................................. 449,443,202
------------------------------------------------------------------------
The FY 2007 Nonurbanized Area Formula apportionments to the States
are displayed in Table 17.
2. Basis for Apportionments
FTA apportions the funds available for apportionment after take-
down for oversight, the Tribal Transit Program, and RTAP according to a
statutory formula. FTA apportions the first twenty percent to the
States based on land area in nonurbanized areas with no state receiving
more than 5 percent of the amount apportioned. FTA apportions the
remaining eighty percent based on nonurbanized population of each State
relative to the national nonurbanized population. FTA does not
apportion Section 5311 funds to the Virgin Islands, which by a
statutory exception are treated as an urbanized area for purposes of
the Section 5307 formula program.
FTA also allocated $63,265,514 to the 50 States for nonurbanized
areas from the Growing States portion of Section 5340. FTA apportions
Growing States funds by a formula based on State population forecasts
for 15 years beyond the most recent census. FTA distributes the amounts
apportioned for each State between UZAs and nonurbanized areas based on
the ratio of urbanized/nonurbanized population within each State in the
2000 census.
3. Program Requirements
The Nonurbanized Area Formula Program provides capital, operating
and administrative assistance for public transit service in areas under
50,000 in population.
The Federal share for capital assistance is 80 percent and for
operating assistance is 50 percent, except that States eligible for the
sliding scale match under FHWA programs may use that match ratio for
Section 5311 capital projects and 62.5 percent of the sliding scale
capital match ratio for operating projects.
[[Page 13883]]
Each State must spend no less than 15 percent of its FY 2007
Nonurbanized Area Formula apportionment for the development and support
of intercity bus transportation, unless the State certifies, after
consultation with affected intercity bus service providers, that the
intercity bus service needs of the State are being adequately met.
SAFETEA-LU added this requirement for consultation with the industry to
strengthen the certification requirement. FTA also encourages
consultation with other stakeholders, such as communities affected by
loss of intercity service.
Each State prepares an annual program of projects, which must
provide for fair and equitable distribution of funds within the States,
including Indian reservations, and must provide for maximum feasible
coordination with transportation services assisted by other Federal
sources.
In order to retain eligibility for funding, recipients of Section
5311 funding must report data annually to the NTD, beginning with the
2006 reporting year.
Program guidance for the Nonurbanized Area Formula Program is found
in FTA C 9040.1F, Nonurbanized Area Formula Program Guidance and Grant
Application Instructions, dated April 1, 2007, which was revised and
reissued after notice and comment. FTA announced availability of this
circular in the Federal Register on February 28, 2007, and summarized
the response to comments submitted to the docket.
4. Period of Availability
Funds apportioned to nonurbanized areas under the Nonurbanized Area
Formula Program will remain available for two fiscal years following FY
2007. Any funds that remain unobligated at the close of business on
September 30, 2009, will revert to FTA for allocation among the States
under the Nonurbanized Area Formula Program.
5. Other Program or Apportionment Related Information and Highlights
By law, FTA requires that each recipient under the Section 5311
program submit an annual report to the NTD containing information on
capital investments, operations, and service provided with funds
received under the Section 5311 program. Section 5311(b)(4), as amended
by SAFETEA-LU, specifies that the report should include information on
total annual revenue, sources of revenue, total annual operating costs,
total annual capital costs, fleet size and type, and related
facilities, revenue vehicle miles, and ridership. In consultation with
State Departments of Transportation (DOT), FTA previously developed a
voluntary state-based rural data module for the NTD. The existing NTD
Rural Data Reporting Module manual and reporting instructions are
posted on the NTD Web site, http://www.ntdprogram.com. For each 5311
subrecipient, the State DOT will complete a one-page form of basic
data. The existing module will serve as a basis for reporting
requirements for the new, mandatory Rural Reporting Module of the NTD
until FTA can modify it, in consultation with the States, among others.
Pursuant to SAFETEA-LU, mandatory reporting began with the 2006 NTD
Report Year. The first reports were due on October 28, 2006, for those
States with State or local fiscal years ending between January 1 and
June 30, 2006; on January 28, 2007, for those States with State or
local fiscal years ending between July 1 and September 30, 2006; and
April 30, 2007, for those States with State or local fiscal years
ending between October 1 and December 31, 2006. Corresponding dates are
applicable to the data for the 2007 NTD Report Year. To enter data and
receive additional instructions, State DOTs can go to the NTD website.
FTA will issue revised reporting instructions in the 2007 reporting
manual, based on consultation with the States and public comment.
J. Rural Transportation Assistance Program (49 U.S.C. 5311(b)(3))
This program provides funding to assist in the design and
implementation of training and technical assistance projects, research,
and other support services tailored to meet the needs of transit
operators in nonurbanized areas. For more information about Rural
Transportation Assistance Program (RTAP) contact Lorna Wilson, Office
of Transit Programs, at (202) 366-2053.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides $8,080,000
to RTAP (49 U.S.C. 5311(b)(2)), as a two percent takedown from the
funds appropriated for Section 5311. FTA has reserved 15 percent for
the National RTAP program. After adding prior year funds eligible for
reapportionment, $7,320,588 is available for allocations to the States,
as shown in the table below.
Rural Transit Assistance Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $8,080,000
------------------------------------------------------------------------
National RTAP Takedown............................... 1,212,000
Prior Year Funds Added............................... 452,588
------------------
Total Apportioned.................................. 7,320,588
------------------------------------------------------------------------
Table 17 shows the FY 2007 RTAP allocations to the States.
2. Basis for Allocation
FTA allocates funds to the States by an administrative formula.
First FTA allocates $65,000 to each State ($10,000 to territories), and
then allocates the balance based on nonurbanized population in the 2000
census.
3. Program Requirements
States may use the funds to undertake research, training, technical
assistance, and other support services to meet the needs of transit
operators in nonurbanized areas. These funds are to be used in
conjunction with a State's administration of the Nonurbanized Area
Formula Program, but may also support the rural components of the
Section 5310, JARC, and New Freedom programs.
4. Period of Availability
Funds apportioned to States under RTAP remain available for two
fiscal years following FY 2007. Any funds that remain unobligated at
the close of business on September 30, 2009, will revert to FTA for
allocation among the States under the RTAP.
5. Other Program or Apportionment Related Information and Highlights
The National RTAP project is administered by the American Public
Works Association in consortium with the Community Transportation
Association of America, under a cooperative agreement re-competed at
five-year intervals. During FY 2007, FTA will be soliciting proposals
for the National RTAP program services for the next five years. The
projects are guided by a project review board of managers of rural
transit systems and State DOT RTAP programs. National RTAP resources
also support the biennial TRB National Conference on Rural Public and
Intercity Bus Transportation and other research and technical
assistance projects of a national nature.
The percentage takedown for RTAP, combined with rising funding
levels for Section 5311, make additional resources available at the
State RTAP program level as well as the national RTAP for projects such
as providing technical assistance for the new tribal transit program
and conducting intercity bus needs assessments.
[[Page 13884]]
K. Public Transportation on Indian Reservations Program (49 U.S.C.
5311(c)(1))
FTA refers to this program as the Tribal Transit Program. It is
funded as a takedown from funds appropriated for the Section 5311
program. Indian Tribes are defined as eligible direct recipients. The
funds are to be apportioned for grants to Indian Tribes for any purpose
eligible under Section 5311, which includes capital, operating,
planning, and administrative assistance for rural public transit
services and rural intercity bus service. For more information about
the Tribal Transit Program contact Lorna Wilson, Office of Transit
Programs, at (202) 366-2053.
1. Funding Availability in FY 2007
Under the Continuing Appropriations Resolution, 2007, the amount
allocated to the program in FY 2007 is $10,000,000, as authorized in
Section 5311(c)(1)(B).
2. Basis for Allocation
Based on procedures developed in consultation with the Tribes, FTA
will issue a Notice of Funding Availability (NOFA) soliciting
applications for FY 2007 funds.
3. Requirements
FTA developed streamlined program requirements based on statutory
authority allowing the Secretary to determine the terms and conditions
appropriate to the program. These conditions are contained in the
annual NOFA.
4. Period of Availability
Funds remain available for three fiscal years, which includes the
fiscal year the funds were apportioned or appropriated plus two
additional years. Funds appropriated in FY 2007 will remain available
for obligation to the tribes competitively selected to receive the
funds through September 30, 2009. Any funds that remain unobligated
after September 30, 2009, will revert to FTA for reallocation among the
Tribes.
5. Other Program or Apportionment Related Information and Highlights
The funds set aside for the Tribal Transit Program are not meant to
replace or reduce funds that Indian Tribes receive from states through
the Section 5311 program but are to be used to enhance public
transportation on Indian reservations and transit serving tribal
communities. Funds allocated to Tribes by the States may be included in
the State's Section 5311 application or awarded by FTA in a grant
directly to the tribe. We encourage Tribes intending to apply to FTA as
direct recipients to contact the appropriate FTA regional office at the
earliest opportunity.
Technical assistance for Tribes may be available from the State DOT
using the State's allocation of RTAP or funds available for State
administration under Section 5311, from the Tribal Transportation
Assistance Program (TTAP) Centers supported by FHWA, and from the
Community Transportation Association of America under a program funded
by the United States Department of Agriculture (USDA). The National
RTAP will also be developing new resources for Tribal Transit.
L. National Research Programs (49 U.S.C. 5314)
FTA's National Research Programs include the National Research and
Technology Program (NRTP), the Transit Cooperative Research Program
(TCRP), the National Transit Institute (NTI), and the University
Transportation Centers Program (UTC).
Through funding under these programs, FTA seeks to deliver
solutions that improve public transportation. FTA's Strategic Research
Goals are to provide transit research leadership, increase transit
ridership, improve capital and operating efficiencies, improve safety
and emergency preparedness, and to protect the environment and promote
energy independence. For more information contact Bruce Robinson,
Office of Research, Demonstration and Innovation, at (202) 366-4209.
1. Funding Availability in FY 2007
The Continuing Appropriations Resolution, 2007, provides
$61,000,000 for the National Research Programs. Of this amount
$9,300,000 is allocated for TCRP, $4,300,000 for NTI, $7,000,000 for
the UTC, and $40,400,000 for NRTP. Within the NRTP--$22,800,920 is
allocated for specific activities under 49 U.S.C. 5338(d) and in
Section 3046 of SAFETEA-LU. A breakdown of NRP funds is provided in the
table below.
National Research Programs
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $61,000,000
------------------
Funds Allocated for Specific Programs or Activities.. 43,400,920
Small Business Innovative Research Takedown.......... 200,000
Funds Available for FTA Programming.................. 17,399,080
------------------
Total NPR Funding.................................. 61,000,000
------------------------------------------------------------------------
All research and research and development projects are subject to a
2.6% reduction for the Small Business Innovative Research Program
(SBIR). The project allocations are listed in Table 18.
2. Program Requirements
Application Instructions and Program Management Guidelines are set
forth in FTA Circular 6100.1C. Research projects must support FTA's
Strategic Research Goals and meet the Office of Management and Budget's
Research and Development Investment Criteria. All research recipients
are required to work with FTA to develop approved Statements of Work
and plans to evaluate research results before award.
Eligible activities under the NRTP include research, development,
demonstration and deployment projects as defined by 49 U.S.C. 5312(a);
Joint Partnership projects for deployment of innovation as defined by
49 U.S.C. 5312(b); International Mass Transportation Projects as
defined by 49 U.S.C. 5312(c); and, human resource programs as defined
by 49 U.S.C. 5322.
Problem Statements for TCRP can be submitted on TCRP's website:
http://www.tcrponline.org Information about NTI courses can be found at http://www.ntionline.com. UTC funds are transferred to the Research
and Innovative Technology Administration to make awards.
3. Period of Availability
Funds are available until expended.
4. Other Program or Apportionment Related Information and Highlights
Funds not designated by Congress for specific projects and
activities will be programmed by FTA based on national priorities.
Opportunities are posted in http://www.grants.gov under Catalogue of Federal
Domestic Assistance Number 20.514.
M. Job Access and Reverse Commute Program (49 U.S.C. 5316)
The Job Access and Reverse Commute (JARC) program provides formula
funding to States and Designated Recipients to support the development
and maintenance of job access projects designed to transport welfare
recipients and eligible low-income individuals to and from jobs and
activities related to their employment, and for reverse commute
projects designed to transport residents of UZAs and other than
[[Page 13885]]
urbanized to suburban employment opportunities. For more information
about the JARC program contact Henrika Buchanan-Smith, Office of
Transit Programs, at (202) 366-2053.
1. Funding Availability in FY 2007
The Continuing Appropriations Resolution, 2007, provides
$144,000,000 for the JARC Program. The total amount apportioned by
formula is $144,000,000, as shown in the table below.
Job Access and Reverse Commute Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $144,000,000
------------------
Total Apportioned.................................. 144,000,000
------------------------------------------------------------------------
Table 19 shows the FY 2007 JARC apportionments.
2. Basis for Formula Apportionment
By law, FTA allocates 60 percent of funds available to UZAs with
populations of 200,000 or more persons (large UZAs); 20 percent to the
States for urbanized areas with populations ranging from 50,000 to
200,000 persons (small UZAs), and 20 percent to the States for rural
and small urban areas with populations of less than 50,000 persons. FTA
apportions funds based upon the number of low income individuals
residing in a State or large urbanized area, using data from the 2000
Census for individuals below 150 percent of poverty. FTA publishes
apportionments to each State for small UZAs and for rural and small
urban areas and a single apportionment for each large UZA.
The Designated Recipient, either for the State or for a large UZA,
is responsible for further allocating the funds to specific projects
and subrecipients through a competitive selection process. If the
Governor has designated more than one recipient of JARC funds in a
large UZA, the Designated Recipients may agree to conduct a single
competitive selection process or sub-allocate funds to each Designated
Recipient, based upon a percentage split agreed upon locally, and
conduct separate competitions.
States may transfer funds between the small UZA and the
nonurbanized apportionments, if all of the objectives of JARC are met
in the size area the funds are taken from. States may also use funds in
the small UZA and nonurbanized area apportionments for projects
anywhere in the State (including large UZAs) if the State has
established a statewide program for meeting the objectives of JARC. A
State planning to transfer funds under either of these provisions
should submit a request to the FTA regional office. FTA will assign new
accounting codes to the funds before obligating them in a grant.
3. Requirements
States and Designated Recipients must solicit grant applications
and select projects competitively, based on application procedures and
requirements established by the Designated Recipient, consistent with
the Federal JARC program objectives. In the case of large UZAs, the
area-wide solicitation shall be conducted in cooperation with the
appropriate MPO(s).
Funds are available to support the planning, capital and operating
costs of transportation services that address the needs of welfare
recipients and eligible low-income individuals that are not met by
other transportation services. The transportation services may be
provided by public, non-profit, or private-for-profit operators. The
Federal share is 80 percent of capital expenses and 50 percent of
operating expenses. Funds provided under other Federal programs (other
than those of the U.S. DOT) may be used for local/State match for funds
provided under section 5316, and revenue from service contracts may be
used as local match.
Funding is available for transportation services provided by
public, non-profit, or private-for-profit operators. Assistance may be
provided for a variety of transportation services and strategies
directed at assisting welfare recipients and eligible low-income
individuals address unmet transportation needs, and to provide reverse
commute services.
States and Designated Recipients may use up to ten percent of their
annual apportionment to administer, plan, and provide technical
assistance for a funded project. No local share is required for these
program administrative funds. Funds used under this program for
planning must be shown in the UPWP for MPO(s) with responsibility for
that area.
The Designated Recipient must certify that: The projects selected
were derived from a locally developed, coordinated public transit-human
services transportation plan; and, the plan was developed through a
process that included representatives of public, private, and nonprofit
transportation and human services providers and participation by the
public, including those representing the needs of welfare recipients
and eligible low-income individuals. The locally developed, coordinated
public transit-human services transportation planning process must be
coordinated and consistent with the metropolitan and statewide planning
processes and funding for the program must included in the metropolitan
and statewide Transportation Improvement Program (TIP and STIP) at a
level of specificity or aggregation consistent with State and local
policies and procedures. Finally, the State must certify that
allocations of the grant to subrecipients are made on a fair and
equitable basis.
The coordinated planning requirement is also a requirement in two
additional programs. Projects selected for funding under the Section
5310 program and the New Freedom program are also required to be
derived from a locally developed coordinated public transit-human
service transportation plan. FTA anticipates that most areas will
develop one consolidated plan for all the programs, which may include
separate elements and other human service transportation programs.
The JARC program is subject to the relevant requirements of Section
5307, including the requirement for certification of labor protections.
FTA published a proposed circular for this program and is currently
reviewing comments submitted to the docket. The new circular will be
posted on the FTA Web site at http://www.fta.dot.gov when it is issued.
4. Period of Availability
FTA is establishing a consistent three-year period of availability
for JARC, New Freedom, and the Section 5310 program, which includes the
year of apportionment plus two additional years. FY 2007 funding is
available through FY 2009. Any funding that remains unobligated on
September 30, 2009 will revert to FTA for reapportionment among the
States and large UZAs under the JARC program.
5. Other Program or Apportionment Related Information and Highlights
a. Carryover Earmarks. Table 20 lists prior year carryover of
$45,154,056 for JARC projects designated by Congress in FYs 2002-2005.
JARC earmarks carried over from TEA-21 are subject to the terms and
conditions under which they were originally appropriated, including the
requirement for a 50 percent local share for both capital and operating
assistance. All projects should be in a regional JARC Plan as required
under TEA-21 or in the new local coordinated plan required by the new
formula JARC program. FTA will award a grant for a designated project
upon receipt of a complete application, but can honor changes to the
original designation only
[[Page 13886]]
if so directed by the Appropriations Committee chairs.
b. Designated Recipient. Beginning in FY 2007, FTA must have
received formal notification from the Governor or Governor's designee
of the Designated Recipient for JARC funds apportioned to a State or
large UZA before awarding a grant to that area for JARC projects.
c. Transfers to Section 5307 or 5311. States may transfer JARC
funds to Section 5307 or Section 5311, but only for projects
competitively selected under the JARC program, not as a general
supplement for those programs. FTA anticipates that the States would
use this flexibility primarily for projects to be implemented by a
Section 5307 recipient in a small urbanized area or for Federally
recognized Indian Tribes that elect to receive funds as a direct
recipient from FTA under Section 5311. FTA has established a new scope
code (646) to track JARC projects included within a Section 5307 or
5311 grant. Transfer to Section 5307 or 5311 is permitted but not
required. FTA will also award stand-alone Section 5316 grants to the
State for any and all subrecipients. In order to track disbursements
accurately against the appropriate program, FTA will not combine JARC
funds with Section 5307 funds in a single Section 5307 grant, nor will
FTA combine JARC with New Freedom funds in a single Section 5307 grant.
d. Evaluation. Section 5316(i)(2), as added by SAFETEA-LU, requires
FTA to conduct a study to evaluate the effectiveness of the JARC
program. To support the evaluation, annual GAO reports on the program,
and DOT Performance Measures, while reducing the burden grantees
previously experienced from separate reporting required for the JARC
program under TEA-21, FTA has incorporated reporting for performance
measures into the annual progress report all JARC grantees submit in
TEAM.
N. New Freedom Program (49 U.S.C. 5317)
SAFETEA-LU established the New Freedom Program under 49 U.S.C.
5317. The program purpose is to provide new public transportation
services and public transportation alternatives beyond those currently
required by the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) that assist individuals with disabilities with
transportation, including transportation to and from jobs and
employment support services. For more information about the New Freedom
program contact Henrika Buchanan-Smith, Office of Transit Programs, at
(202) 366-2053.
1. Funding Availability in FY 2007
The Continuing Appropriations Resolution, 2007, provides
$81,000,000 for the New Freedom Program. The entire amount is
apportioned by formula, as shown in the table below.
New Freedom Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $81,000,000
------------------
Total Apportioned.................................. 81,000,000
------------------------------------------------------------------------
Table 21 shows the FY 2007 New Freedom apportionments.
2. Basis for Formula Apportionment
By law, FTA allocates 60 percent of funds available to UZAs with
populations of 200,000 or more persons (large UZAs); 20 percent to the
States for urbanized areas with populations ranging from 50,000 to
200,000 persons (small UZAs), and 20 percent to the States for rural
and small urban areas with populations of less than 50,000 persons. FTA
apportions funds based upon the number of persons with disabilities
over the age of five residing in a State or large urbanized area, using
data from the 2000 Census. FTA publishes apportionments to each State
for small UZAs and for rural and small urban areas and a single
apportionment for each large UZA.
FTA has learned from the U.S. Bureau of the Census that there is a
better source of disability data from the 2000 Census than the 2000
census file we had previously used for SAFETEA-LU projections and for
the FY 2006 New Freedom program apportionments. We have therefore based
the FY 2007 apportionments for the New Freedom program on the
information for States and urbanized areas contained in the Census 2000
Summary File 3 (SF-3)--Sample Data (tables QT-P21 and P42), and Census
publication PHC-2, which provides more accurate data for individuals
with disabilities than the file based on projections from a sample that
we had previously used. We will also base future apportionments on this
data and will update the SAFETEA-LU estimates for FY 2008-2009 on the
Web site. We regret any inconvenience this technical change in the
source data for the formula may cause areas in their planning and
selection of New Freedom projects.
The Designated Recipient, either for the State or for a large UZA,
is responsible for further allocating the funds to specific projects
and subrecipients through a competitive selection process. If the
Governor has designated more than one recipient of JARC funds in a
large UZA, the Designated Recipients may agree to conduct a single
competitive selection process or sub-allocate funds to each Designated
Recipient, based upon a percentage split agreed upon locally and
conduct separate competitions.
3. Requirements
States and Designated Recipients must solicit grant applications
and select projects competitively, based on application procedures and
requirements established by the Designated Recipient, consistent with
the Federal New Freedom program objectives. In the case of large UZAs,
the area-wide solicitation shall be conducted in cooperation with the
appropriate MPO(s).
Funds are available to support the capital and operating costs of
new public transportation services and public transportation
alternatives that are beyond those required by the Americans with
Disabilities Act. Funds provided under other Federal programs (other
than those of the DOT) may be used as match for capital funds provided
under Section 5317, and revenue from contract services may be used as
local match.
Funding is available for transportation services provided by
public, non-profit, or private-for-profit operators. Assistance may be
provided for a variety of transportation services and strategies
directed at assisting persons with disabilities address unmet
transportation needs. Eligible public transportation services and
alternatives to public transportation funded under the New Freedom
program must be both new and beyond the ADA. (Note, however, that FTA
has published interim guidance holding Designated Recipients harmless
for project selections conducted in good faith based on FTA's earlier
preliminary determination that eligible services could be either new or
beyond the ADA.)
The Federal share is 80 percent of capital expenses and 50 percent
of operating expenses. Funds provided under other Federal programs
(other than those of the DOT) may be used for local/state match for
funds provided under Section 5317, and revenue from service contracts
may be used as local match.
States and Designated Recipients may use up to ten percent of their
annual apportionment to administer, plan, and provide technical
assistance for a funded project. No local share is required for these
program administrative funds. Funds used under this program for
planning must be
[[Page 13887]]
shown in the UPWP for MPO(s) with responsibility for that area.
The Designated Recipient must certify that: the projects selected
were derived from a locally developed, coordinated public transit-human
services transportation plan; and, the plan was developed through a
process that included representatives of public, private, and nonprofit
transportation and human services providers and participation by the
public, including those representing the needs of welfare recipients
and eligible low-income individuals. The locally developed, coordinated
public transit-human services transportation planning process must be
coordinated and consistent with the metropolitan and statewide planning
processes, and funding for the program must be included in the
metropolitan and statewide Transportation Improvement Plan (TIP and
STIP) at a level of specificity or aggregation consistent with State
and local policies and procedures. Finally, the State must certify that
allocations of the grant to subrecipients are made on a fair and
equitable basis.
The coordinated planning requirement is also a requirement in two
additional programs. Projects selected for funding under the Section
5310 program and the JARC program are also required to be derived from
a locally developed coordinated public transit-human service
transportation plan. FTA anticipates that most areas will develop one
consolidated plan for all the programs, which may include separate
elements and other human service transportation programs.
The New Freedom program is subject to the relevant requirements of
Section 5307, but certification of labor protections is not required.
FTA published a proposed circular for this program and is currently
reviewing comments submitted to the docket. The new circular will be
posted on the FTA Web site at http://www.fta.dot.gov when it is issued.
4. Period of Availability
FTA is establishing a consistent three-year period of availability
for New Freedom, JARC, and the Section 5310 program, which includes the
year of apportionment plus two additional years. FY 2007 funding is
available through FY 2009. Any funding that remains unobligated on
September 30, 2009 will revert to FTA for reapportionment among the
States and large UZAs under the New Freedom program.
5. Other Program or Apportionment Related Information and
Highlights
a. Designated Recipient. Beginning in FY 2007, FTA must have
received formal notification from the Governor or Governor's designee
of the Designated Recipient for New Freedom funds apportioned to a
State or large UZA before awarding a grant to that area for New Freedom
projects.
b. Transfers to Section 5307 or 5311. States may transfer New
Freedom funds to Section 5307 or Section 5311, but only for projects
competitively selected under the New Freedom program, not as a general
supplement for those programs. FTA anticipates that the States would
use this flexibility for projects to be implemented by a Section 5307
recipient in a small urbanized area or for Federally recognized Indian
Tribes that elect to receive funds as a direct recipient from FTA under
Section 5311. FTA has established a new scope code (647) to track New
Freedom projects included within a Section 5307 or 5311 grant. Transfer
to Section 5307 or 5311 is permitted but not required. FTA will also
award stand-alone Section 5317 grants to the State for any and all
subrecipients. In order to track disbursements accurately against the
appropriate program, FTA will not combine New Freedom funds with
Section 5307 funds in a single Section 5307 grant, nor will FTA combine
New Freedom with JARC funds in a single Section 5307 grant.
c. Performance Measures. To support the evaluation of the program
and Departmental reporting under the Governmental Performance and
Results Act and the Office of Management and Budget's Performance
Assessment and Rating Tool, FTA has incorporated reporting for
performance measures into the annual progress report all New Freedom
grantees submit in TEAM.
O. Alternative Transportation in Parks and Public Land (49 U.S.C. 5320)
The Alternative Transportation in Parks and Public Lands (ATPPL)
program is administered by FTA in partnership with the Department of
the Interior (DOI) and the U.S. Department of Agriculture's Forest
Service. The purpose of the program is to enhance the protection of
national parks and Federal lands, and increase the enjoyment of those
visiting them. The program funds capital and planning expenses for
alternative transportation systems such as buses and trams in federally
managed parks and public lands. Federal land management agencies and
State, tribal and local governments acting with the consent of a
Federal land management agency are eligible to apply. DOI, after
consultation with and in cooperation with FTA, determines the final
selection and funding of projects.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, makes $23 million
available for the program in FY 2007. Ten percent of the funds are
reserved for administration and technical assistance. FTA published a
Notice of Funding Availability (NOFA) in the Federal Register on
December 5, 2006, inviting applications for projects to be funded in FY
2007. Applications were due to the appropriate Federal Land Management
Agency on February 16, 2007.
2. Program Requirements
Projects are competitively selected based on criteria specified in
the Notice of Funding Availability. The terms and conditions applicable
to the program are also specified in the NOFA. Projects must conserve
natural, historical, and cultural resources, reduce congestion and
pollution, and improve visitor mobility and accessibility. No more than
25 percent may be allocated for any one project.
3. Period of Availability
The funds under the Alternative Transportation in Parks and Public
Lands remain available until expended.
4. Other Program or Apportionment Related Information and Highlights
Project selections for the FY 2006 funding were published in the
Federal Register on September 12, 2006. Fifteen projects were awarded
through direct grants to individual State and local governments.
Twenty-seven projects were funded through reimbursable interagency
agreements with the U.S. Forest Service, National Park Service, and
Fish and Wildlife Service. Twenty-five of the projects (totaling $16
million) were capital projects and seventeen (totaling $3.6 million)
were planning projects.
P. Alternatives Analysis Program (49 U.S.C. 5339)
The Alternatives Analysis Program provides grants to States,
authorities of the States, metropolitan planning organizations, and
local government authorities to develop studies as part of the
transportation planning process. These studies include an assessment of
a wide range of public transportation alternatives designed to address
a transportation problem in a corridor or subarea; sufficient
information to enable the Secretary to make the findings of project
justification and local financial commitment required; the selection of
a locally preferred alternative; and the
[[Page 13888]]
adoption of the locally preferred alternative as part of the state or
regional long-range transportation plan. For more information about
this program contact Sean Libberton, Office of Planning and
Environment, at (202) 366-4033.
1. FY 2007 Funding Availability
The Continuing Appropriations Resolution, 2007, provides
$25,000,000 to the Alternatives Analysis Program (49 U.S.C. 5339). The
Act made available $18,900,000 for discretionary allocation to the
projects designated in SAFETEA-LU. The balance of $6,100,000 will be
made available for competitive allocation.
Alternative Analysis Program
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $25,000,000
------------------
Funds Allocated to SAFETEA-LU Earmarks............... 6,100,000
Funds Available for Discretionary/Competitive 18,900,000
Allocation..........................................
------------------------------------------------------------------------
Allocations to projects designated in SAFETEA-LU are displayed in
Table 22.
2. Basis for Allocation of Funds
Section 3037(c) of SAFETEA-LU included 18 projects to be funded
through Alternatives Analysis Program in FYs 2006 and 2007. Table 22
displays the amounts available in FY 2007 to the Alternatives Analysis
projects designated in SAFETEA-LU. In a separate part of today's
Federal Register, FTA is publishing a Notice of Funding Availability to
solicit applications for alternatives analysis projects that advance
the state of the art for the balance of FY 2007 funds and the carryover
funds available for competitive allocation from FY 2006.
3. Requirements
Alternatives Analysis program funds may be made available to
States, authorities of the States, metropolitan planning organizations,
and local governmental authorities. The Government's share of the cost
of an activity funded may not exceed 80 percent of the cost of the
activity. The funds will be awarded as separate Section 5339 grants.
The grant requirements will be comparable to those for Section 5309
grants. Eligible projects include planning and corridor studies and the
adoption of locally preferred alternatives within the fiscally
constrained Metropolitan Transportation Plan for that area. Funds
awarded under the Alternatives Analysis Program must be shown in the
UPWP for MPO(s) with responsibility for that area. Pre-award authority
applies to these funds after Congress appropriates funds for these
projects and the allocations are published in an FTA notice of
apportionments and allocations.
Legislation to amend the earmark is necessary should a recipient
wish to use funds provided under Section 5339 for eligible project
activities outside the scope of the project description.
Unless otherwise specified in law, grants made under the
Alternatives Analysis program must meet all other eligibility
requirements as outlined in Section 5309.
4. Period of availability
Funds designated for specific Alternatives Analysis Program
projects remain available for obligation for three fiscal years, which
includes the year of appropriation plus two additional fiscal years.
The FY 2007 funding for projects included in this notice remains
available through September 30, 2009. Alternatives Analysis funds not
obligated in an FTA grant for their original purpose at the end of the
period of availability will generally be made available for other
projects.
5. Other Program or Apportionment Related Information and Highlights
Table 23 lists prior year carryover of $19,305,000 for Alternative
Analysis projects made available in FY 2006.
Q. Growing States and High Density States Formula Factors
The Continuing Appropriations Resolution, 2007, makes $404,000,000
available for apportionment in accordance with the formula factors
prescribed for Growing States and High Density States in Section 5340
of SAFETEA-LU. Fifty percent of this amount (or $202,000,000) will be
allotted eligible States and urbanized areas using the Growing State
formula factors. The other 50 percent is apportioned to eligible States
and urbanized areas using the High Density States formula factors.
Based on application of the formulas, $138,734,486 of the Growing
States funding was apportioned to urbanized areas and $63,265,514 to
nonurbanized areas. All of the $202,000,000 allotted to High Density
States is apportioned to urbanized areas.
The term ``State'' is defined only to mean the 50 States. For the
Growing State portion of Section 5340, funds are allocated based on the
population forecasts for fifteen years after the date of that census.
Forecasts are based on the trend between the most recent decennial
census and Census Bureau population estimates for the most current
year. Funds allocated to the States are then sub-allocated to urbanized
and non-urbanized areas based on forecast population, where available.
If forecasted population data at the urbanized level is not available,
funds are allocated to current urbanized and non-urbanized areas on the
basis of current population. Funds allocated to urbanized areas are
included in their Section 5307apportionment. Funds allocated for non-
urbanized areas are included in the states' Section 5311
apportionments.
R. Over-the-Road Bus Accessibility Program (49 U.S.C. 5310 Note)
The Over-the-Road Bus Accessibility (OTRB) Program authorizes FTA
to make grants to operators of over-the-road buses to help finance the
incremental capital and training costs of complying with the DOT over-
the-road bus accessibility final rule, 49 CFR Part 37, published on
September 28, 1998 (63 FR 51670). FTA conducts a national solicitation
of applications, and grantees are selected on a competitive basis. For
more information about the OTRB program contact Blenda Younger, Office
of Transit Programs, at (202) 366-2053.
1. Funding Availability in FY 2007
The Continuing Appropriations Resolution, 2007, provides $7,600,000
for the Over-the-Road Bus Accessibility (OTRB) Program, which is the
total amount allocable for OTRB, as shown in the table below.
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Appropriation.................................. $7,600,000
------------------
Funds Available for Competitive Allocation........... 7,600,000
------------------------------------------------------------------------
Of this amount, $5,700,000 is allocable to providers of intercity
fixed-route service, and $1,900,000 to other providers of over-the-road
bus services, including local fixed-route service, commuter service,
and charter and tour service.
2. Program Requirements
Projects are competitively selected. The Federal share of the
project is 90 percent of net project cost. Program guidance is provided
in the Federal Register notice soliciting applications. We will publish
a notice in the near future for applications for applications for the
FY 2007 funding made available under the Continuing Appropriations
Resolution, 2007. Operators of over the road buses may apply through
http://www.grants.gov, or by submitting an
[[Page 13889]]
application to the appropriate FTA regional office. Assistance is
available to operators of buses used substantially or exclusively in
intercity, fixed route, over-the-road bus service. Capital projects
eligible for funding include projects to add lifts and other
accessibility components to new vehicle purchases and to purchase lifts
to retrofit existing vehicles. Eligible training costs include
developing training materials or providin