Responses to Questions and Requests for
Clarifications Submitted to the Department of Transportation
Regarding the TIGER Discretionary Grants
Program (the �Program�)
July 2, 2009
(All of the capitalized terms
used, but not otherwise defined in this response, have the meanings provided in
the Notice of Funding Availability for
Supplemental Discretionary Grants for Capital Investments in Surface
Transportation Infrastructure Under the American Recovery and Reinvestment Act (the
�Notice�) published in the Federal Register on Wednesday, June 17, 2009, Vol.
74, No. 115, pp. 28755-28767.� Some of
the responses or clarifications provided below were also included in the
Notice.)
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Question or Request
for Clarification |
Department of
Transportation Response |
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1. |
Where can potential
applicants find more information about the program? |
The best sources of
information for the Program are the Notice (http://edocket.access.gpo.gov/2009/pdf/E9-14262.pdf)
and the Program�s website (http://www.dot.gov/recovery/ost/). |
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2. |
Is there an application
form or an application package for the Program? |
Specific application
forms will not be required or provided for the Program. Rather, the Notice
provides guidance about the information that applicants should include in
applications, application requirements, and the deadline for submitting
applications, which is September 15, 2009. |
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The notice
indicates that Eligible Projects include, but
are not limited to, highways, transit, rail and port infrastructure �
what other types of surface transportation projects are eligible? |
Consistent with
the TIGER Discretionary Grant provisions in the Recovery Act, the Department
will apply the following principles in determining whether a project is eligible
as a capital investments in surface transportation: (1) surface
transportation facilities generally include roads, highways and bridges,
ports, freight and passenger railroads, transit systems, and projects that
connect transportation facilities to other modes of transportation; and (2) surface
transportation facilities also include any highway or bridge project eligible
under title 23, U.S.C., or public transportation project eligible under
chapter 53 of title 49, U.S.C.� Please
note that the Department may use a TIGER Discretionary Grant to pay for the
surface transportation components of a broader project that has non-surface
transportation components, and applicants are encouraged to apply for TIGER
Discretionary Grants to pay for the surface transportation components of
these projects. |
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4. |
Are waterway
projects Eligible Projects? |
Yes, TIGER
Discretionary Grants may be used for waterway projects to the extent they constitute
capital investments in surface transportation. |
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5. |
Are aviation projects
Eligible Projects? |
The Recovery Act limits
eligibility to capital investments in surface transportation, so aviation
projects are not eligible.� However, to
the extent airports are seeking funding for surface transportation projects
(for example, road or rail projects that provide connections to or at airports),
these projects may be eligible for TIGER Discretionary Grants. |
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6. |
Are only Federal-Aid
roadway projects eligible for TIGER Discretionary Grants, or are local
municipal thoroughfares and other non-Federal-Aid roadways eligible? |
Eligible Projects are
not limited to projects that receive Federal assistance.� Local projects that do not receive Federal
assistance are eligible to apply for funding under this Program. |
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7. |
Can a TIGER
Discretionary Grant be used to pay for engineering or design work, research
and development, pilot projects, or technology development? |
TIGER Discretionary
Grants can be used for engineering or design work, research and development,
pilot projects, or technology development, but only to the extent that Grant
Funds are also being used for the construction of a project. �Generally, the Department does not expect
that expenditures for these types of activities will align well with either
the Job Creation & Economic Stimulus criterion or the Long-Term Outcomes
criterion unless these expenditures are part of a construction project. |
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8. |
Can a TIGER
Discretionary Grant be used to purchase an existing infrastructure facility,
or right-of-way? |
TIGER Discretionary
Grants can be used for purchasing an existing infrastructure facility or
right-of-way, but only to the extent that such a purchase is necessary for
the construction of a project.�
Generally, the Department does not expect that purchases of existing
infrastructure or right-of-way will align well with either the Job Creation
& Economic Stimulus criterion or the Long-Term Outcomes criterion unless
these purchases are part of a construction project. |
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9. |
Can a TIGER
Discretionary Grant be used for the construction of new buses, trains, maritime
vessels, or other vehicles? |
TIGER Discretionary
Grants may be used for the construction of surface transportation vehicles,
including new buses, trains, and maritime vessels to the extent these
purchases align well with the selection criteria set forth in the Notice. |
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10. |
Will reductions in
noise, light, particulate matter, at-grade crossings, or other external costs
associated with transportation facilities or systems be considered in
evaluating a project�s alignment with the Livability criterion? Will agglomeration and
infrastructure efficiency be considered in evaluating a project�s alignment
with the Economic Competitiveness criterion? |
The Department may
consider these or other relevant factors in assessing a project�s alignment
with any of the relevant selection criteria.�
As indicated in the Notice, applicants are encouraged to demonstrate
the responsiveness of a project to any and all of the selection criteria with
the most relevant information that applicants can provide, regardless of
whether such information has been specifically requested, or identified, in
the Notice. |
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11. |
Section II(B)(1)(b)(iii) of the Notice asks applicants for
evidence of broad support from State and local officials, including relevant
governors and mayors, in order to demonstrate a project�s readiness to
proceed quickly.� If a State is
conducting a pre-screening process to determine which projects the governor
will endorse for TIGER Discretionary Grants, will the Department look less
favorably on a municipal application that is submitted outside of the State�s
pre-screening process, and without the endorsement of the governor? |
No.� The Department expects applicants to
demonstrate broad support from State and local officials.� Inclusion on a list of pre-screened
projects endorsed by the State or governor is a good way to demonstrate State
support, but absence from any such a list would not in itself preclude a
municipality from being eligible for a TIGER Discretionary Grant. While
being on such a list could help demonstrate State support and will be viewed
positively by the Department in assessing a project�s readiness to proceed
quickly, an application for a local project that otherwise enjoys broad
support from public officials and rates well under the criteria specified in
the Notice is not going to be viewed less favorably for not being on the
list. This is consistent with Section II(B)(1)(b)(iii)
of the Notice, which indicates that �evidence of support from all relevant
State and local officials is not required, however, the evidence should
demonstrate that the project is broadly supported.� |
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12. |
Does a project need to
be �shovel ready� to be considered for funding? |
As indicated in the
Notice, consistent with Section 1602 of the Recovery Act (Preference for Quick-Start Activities),
the Department will assess whether a project is ready to proceed rapidly upon
receipt of a TIGER Discretionary Grant, as evidenced by its Project Schedule,
Environmental Approvals, Legislative Approvals, State and Local Planning,
Technical Feasibility, and Financial Feasibility.� For more information see Section II(B)(1)(b)(i)-(vi) of the Notice.� A project that is not ready to proceed
quickly is less likely to be successful in the Primary Selection Criterion of
Jobs Creation & Economic Stimulus. � |
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13. |
The Application
Deadline specified in the Notice is September 15, 2009. However, the Recovery
Act provides that the Secretary shall require that applications �be submitted
not later than 180 days after the publication of [the Notice]� or by November
14, 2009. What is the operative application due date? |
The operative
application due date is September 15, 2009, as specified in the Notice. |
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14. |
Can Eligible Applicants
partner with private entities to receive funds under this program for a
public-private partnership or a privately-owned project? |
Yes, the Department has
determined that Eligible Applicants include |
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15. |
Are non-profit entities and universities Eligible Applicants? |
The Department has
determined that Eligible Applicants include |
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16. |
Are Metropolitan Planning Organizations (MPOs) Eligible
Applicants? |
Yes, MPOs are Eligible
Applicants, but any MPO that is applying for a TIGER Discretionary Grant
should provide evidence that the owner of the project supports the
application and will cooperate in carrying out the activities to be supported
by the TIGER Discretionary Grant. |
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17. |
Are applicants required
to have a DUNS number and be registered in CCR, and if so, what information
should be included in the application? |
Recipients of TIGER
Discretionary Grants and their first-tier sub-awardees will be required to
have a DUNS number (www.dnb.com) and a current
registration in the Central Contractor Registration (www.ccr.gov).� While these items need not be provided as
part of the application, a TIGER Discretionary Grant will not be awarded if a
recipient or first-tier sub-awardee does not have these items.� |
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18. |
Under the �Job Creation
and Economic Stimulus� selection criteria, the Notice states that the
Department will assess whether the project is ready to proceed rapidly based
on, among other things, the inclusion of the project in the relevant State,
metropolitan, and local planning documents or a certification from the
appropriate agency that the project will be included in the planning document
prior to award. What does this mean for port or freight rail projects
that are not required to be included in long range transportation plans, STIPs
and TIPs? |
All regionally
significant projects requiring an action by the FHWA or the FTA must be in
the metropolitan transportation plan, TIP and STIP. Further, in air
quality non-attainment and maintenance areas, all regionally significant
projects, regardless of the funding source, must be included in the
conforming metropolitan transportation plan and TIP. To the extent a project is required to be on a
metropolitan transportation plan, TIP and/or STIP it will not receive a TIGER
Discretionary Grant until it is included in such plans. Projects not required to be in long range transportation plans, STIPs and TIPs
will not need to be included in such plans in order to receive a TIGER
Discretionary Grant. Freight and passenger
rail projects are not required to be on the State Rail Plans called for in
the Passenger Rail Investment and Improvement Act of 2008. This is
consistent with the exemption for high speed and intercity passenger rail projects
under the Recovery Act. However, applicants seeking funding for freight
and passenger rail projects are encouraged to demonstrate that they have done
sufficient planning to ensure that projects fit into a prioritized list of
capital needs and are consistent with long-range goals. |
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19. |
Will Grant Funds be distributed
through the Metropolitan Planning Organization (MPO) process or through State
departments of transportation as other Recovery Act funds have been
distributed? |
The TIGER Discretionary
Grants may be awarded directly to any State or local government or other
Eligible Applicant and need not be distributed through a local MPO or a State
department of transportation.� As
stated in the Notice, the Department will assess the grant recipient�s
ability to manage grants. |
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20. |
Are projects in |
Yes, as indicated in
the Notice, Eligible Applicants are State and local governments, including |
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21. |
Please explain how the
subsidy costs provided through TIGER TIFIA Payments are related to the TIFIA
Program? |
The TIFIA program is governed by the Federal Credit
Reform Act of 1990 (FCRA), which requires the Department to establish a
capital reserve, or �subsidy amount,� to cover expected credit losses before
it can provide TIFIA credit assistance.�
Congress places limits on the annual subsidy amount available.� Through SAFETEA-LU, Congress authorized
$122 million for each Federal fiscal year from 2005 through 2009.� The money authorized by Congress can also
be used for the administrative costs of the TIFIA program.� Up to $200 million of Grant Funds can be
used for TIGER TIFIA Payments and these funds supplement the annual budgetary
authority provided by Congress for the TIFIA program.� In order to receive a TIGER TIFIA Payment
an applicant must demonstrate that the project meets the objectives of both
programs. For additional information about the TIFIA program,
the program�s subsidy and administrative costs, or TIFIA credit assistance,
please see the TIFIA program website at: http://tifia.fhwa.dot.gov/.� |
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22. |
Does an applicant
seeking only a TIGER TIFIA Payment need to submit both a TIGER application
and a TIFIA application? |
Yes, because an
applicant must demonstrate that the project meets the objectives of both
programs.� At the applicant�s discretion,
materials addressing the TIFIA statutory selection criteria (i.e., the
program-specific criteria identified in Section II.C of the Notice) may be
referenced and described as unchanged in the TIGER TIFIA Payment
application.� To the extent referenced,
this information need not be resubmitted for the TIGER TIFIA Payment
application. |
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23. |
If an applicant is
seeking a TIGER TIFIA Payment, should the TIFIA application be submitted
together with the TIGER application to the TIGERGrants@dot.gov address?� Or should the TIFIA application be
submitted separately to the TIFIA Joint Program Office as required in the
TIFIA Program Guide? |
As described on the
TIFIA website at http://tifia.fhwa.dot.gov/guide_apps/,
the completed TIFIA application should be sent to the attention of Mr. |
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24. |
If an applicant seeking
a TIGER TIFIA Payment previously submitted a TIFIA Letter of Interest, is it
necessary to resubmit it? |
Yes, because the TIFIA
Joint Program Office must confirm in advance the number and type of projects
that intend to submit applications for TIGER TIFIA Payments.� As described in Section VI of the Notice,
an applicant seeking a TIGER TIFIA Payment is required to submit � or
re-submit � a TIFIA Letter of Interest at least six weeks prior to the
application deadline.� Applicants should submit this form electronically via e-mail
at TIFIACredit@dot.gov. |
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25. |
When is the deadline
for submitting a TIFIA Letter of Interest in connection with a TIGER TIFIA
Payment? |
The deadline for
submitting a TIFIA Letter of Interest is 11:59 p.m. Eastern Daylight Time,
Tuesday, August 3, 2009.� Applicants should submit this form electronically via e-mail
at TIFIACredit@dot.gov. |
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26. |
Can an applicant submit
a TIFIA application for non-Recovery Act TIFIA funds at this time? |
No, the Notice only
addresses TIFIA loans to be supported with TIGER TIFIA Payments.� Therefore, applicants for TIFIA credit
assistance pursuant to the Notice must satisfy themselves that their projects
meet the objectives of both programs.�
The Department anticipates it will issue a TIFIA notice of funding
availability pursuant to FY 2010 budget authority later this year. |
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27. |
Can a private entity
apply for TIFIA credit assistance supported by a TIGER TIFIA Payment? |
Under the standard
TIFIA program rules, any legal private entity can apply for TIFIA credit assistance.�� Private entities, however, are not
Eligible Applicants for TIGER TIFIA Payments, although Eligible Applicants
may partner with a private entity and use Grant Funds to pay for a
public-private partnership or a privately-owned project.� Therefore, the project�s public partner
must apply for the TIGER TIFIA Payment, even if the private partner seeks to
become the TIFIA borrower.� This
approach is consistent with the TIFIA requirement that the private entity
must demonstrate public support for the project through its inclusion in the
Long-Range Transportation Plan (LRTP) and the Transportation Improvement
Program (TIP). |
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28. |
No more than 20 percent
of the funds made available under the TIGER Discretionary Grant program may
be awarded to projects in a single State.�
How will this requirement apply to TIGER TIFIA Payments? |
In determining the
effect of a TIGER TIFIA Payment on this distributional requirement, the
amount of the TIGER TIFIA Payment � not the original principal amount of
TIFIA credit assistance � will be considered as the funding award.� Although the relative size of the TIGER
TIFIA Payment will vary from loan to loan, the Department assumes for
planning purposes that each $1 of a TIGER TIFIA Payment can support $10 in
TIFIA credit assistance. |
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29. |
For purposes of
calculating the 20 percent limitation for any single State, how would the
TIGER TIFIA Payment be allocated for a multi-State project? |
Applications for
multi-State projects should include an estimated allocation of project costs
and revenues by State to assist the Department in making this determination. |
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30. |
The Notice
differentiates between various grant sizes in describing the required
economic evaluation of a project�s benefits and costs.� Does the economic analysis required for a
TIGER TIFIA Payment depend on the size of the requested TIGER TIFIA Payment
or the principal amount of TIFIA credit assistance provided for the project? |
For purposes of
determining what type of economic analysis of a project�s benefits and costs
should be provided with an application for a TIGER TIFIA Payment, the principal
amount of TIFIA credit assistance to be provided by the Federal government is
the relevant dollar amount to consider, not the amount of the requested TIGER
TIFIA Payment. |