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American Recovery and Reinvestment Act of 2009
MARCH 13, 2009WASHINGTON, D.C.
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Transit and Recovery Act Overview
1. Overview of Recovery Act
2. DOT Secretarial Discretionary Program
3. FTA Formula programs:
- Urban, – Non-urban, – Fixed Guideway
4. FHWA Formula: STP Flex
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Transit and Recovery Act Overview
5. FTA Discretionary Programs– New Starts– Tribal Transit– Energy/Greenhouse Gas Savings
6. ARRA Reporting requirements
7. Questions
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Purposes Of Legislation
• Recovery– Maintain and create jobs
– Infuse cash into cash strapped state and local economies
• Reinvest– Build and repair infrastructure
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Transit Funding in ARRAProgram
Urban Formula $5.97 B (incl. funds allocated through
Sec 5340)
Non-Urban Formula $760 M (incl. funds allocated through
Sec 5340)
Fixed Guideway Modernization Formula
$742 M
New Starts / Small Starts $742 M
Tribal Grants $17 M
Discretionary Energy Program [new]
$100 M
Discretionary Multimodal Program [new]
[$1.4985B]
Administration / Oversight $64 M
Total (Transit Only) $8.4 Billion
Note: Amounts are after takedown for Administration and Oversight
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Key Provisions
• No waiver of FTA program requirements (planning/NEPA/Buy America/Labor Protections)
• 100% Federal share, except New Starts
• Capital expenses only are eligible
• Cannot mix Recovery Funds in same grant with any other funds
• ARRA STP Funds can be flexed to transit
• Grant obligation deadlines apply
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To Be Ready for a Grant
• TEAM IS OPEN FOR BUSINESS
• Projects must be in approved TIP/STIP; NEPA completed or completion imminent– May include estimated ARRA funding for fiscal constraint
purposes in TIP/STIP
– May advance project schedules within TIP/STIP “administratively” without formal amendment
– Must meet conformity requirements in non attainment and maintenance areas
• Work to refine project description and budgets for early submission to Dept. of Labor
• Identify procurement strategy
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ARRA Obligation Timetable Formula Program
September 1: Deadline to obligate one half of apportionment (180 Days from apportionment notice)
March 5, 2010: Second deadline to obligate funds (365 days from apportionment notice
September 30, 2010: Unobligated funds revert to Treasury
Recovered funds will be redistributed
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ARRA Multimodal Discretionary Program• Capital investments in surface transportation
infrastructure
• $1.5 billion competitive grant program
• Projects with significant impact on Nation, metro area or region
• Grant awards: $20 m to $300 m
• Up to 100% Federal share
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ARRA Multimodal Discretionary Program• Eligible Projects
– Highway or bridge projects (Title 23)
– Public transportation projects (Title 49)• Public transportation projects, including investments in
New Starts or Small Starts projects
– Passenger and freight rail projects
– Port infrastructure investments• Projects that connect ports to other modes of
transportation
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ARRA Multimodal Discretionary Program
• Considerations
– Equitable geographic distribution of funds
– Balance needs of urban and rural communities
– Up to $200 million to pay federal credit assistance subsidy
costs
– Priority Projects
• Projects that need Federal funds to complete financing package
- “gap funding”
• Projects expected to be completed within 3 years
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ARRA Multimodal Discretionary Program
• Statutory Schedule (Days after 2/17/09)
No later than
90 days Publish Criteria in Federal Register
180 days Applications Submitted
360 days Announce projects to be funded
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ARRA Transit Formula Programs • Urbanized Area Formula ($5.97 B) – Allocated to
Urbanized Areas using Section 5307 formula (includes section 5340, but excludes Transit Intensive Cities Tier)
• Non Urbanized Formula ($760 M) – Allocated to States using regular Section 5311 formula
• Fixed Guideway Modernization ($742 M) – Allocated to Urbanized Areas using regular Section 5309 FGM formula – Tiers 1, 2, 3 and part of 4
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ARRA Transit Formula Programs Transit Capital Assistance Program
• 100 percent federal funds
• Pre-Award Authority – October 1, 2008
• Availability of funds– 50 percent must be obligated by
September 1, 2009
– The remaining 50 percent must be obligated by March 5, 2010
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ARRA Transit Formula programs
Urbanized Area Formula Program– $5.97 B
• Allocated to the UZA • Section 5307 and 5340 formula• Small Transit Intensive Cities (Section 5336(i)
(1) and (j) explicitly excluded from formula by ARRA
– Designated Recipient and State
• Suballocates Funds
• Submit split letter to FTA
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ARRA Transit Formula Programs
Urbanized Area Formula Program
• Eligible recipients: Public transportation providers
• Eligible Activities
– Capital Expenses consistent with 5302(a)(1)
• Preventive Maintenance
• Up to 10 percent ADA paratransit
• Engineering and Design
• Crime prevention and security
– Excluding operating activities
» Exceptions – costs associated with emergency response drills and security training
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ARRA Transit Formula Programs
Urbanized Area Formula Program
• Program Requirements– Section 5307 including:
• Transit Enhancement Provision– UZAs over 200,000
• Security Spending
• DOL Certification
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ARRA Transit Formula Programs
Nonurbanized Area Formula Program
• $760 M– Allocated to States – Section 5311 and 5340 formulas
• State – Sub-awards to Subrecipients– Submits Program of Projects– Applies to FTA for funds
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ARRA Transit Formula Programs
Nonurbanized Area Formula Program
• Eligible Subrecipients: State, local gov’t, nonprofit organizations, Indian tribes, operators of public transportation or intercity bus services.
• Eligible Activities– Capital Expenses consistent with 5302(a)(1)
• Preventive Maintenance• Up to 10 percent ADA paratransit• Engineering and Design
– State Administration• Up to 15% of apportionment
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ARRA Transit Formula Programs
Nonurbanized Area Formula Program
• Program Requirements– Section 5311 including:
• Intercity Bus Provision– 15 percent required, or
– Certification » FY 2009 certifications sufficient
• DOL Special Warranty Provision
• Tribal subrecipients– May apply directly to FTA
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ARRA Transit Formula Programs
Fixed Guideway Infrastructure Investment
• $750 Million: to modernize , maintain, or improve existing fixed guideway systems
• 100 percent Federal
• Availability of funds– 50 percent must be obligated by September 1, 2009– The remaining 50 percent must be obligated by March 5, 2010
• Pre-Award Authority– October 1, 2008
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ARRA Formula Transit Programs
Fixed Guideway Infrastructure Investment
• Allocated to UZAs– Fixed guideway systems 7 years or older
– Must have a threshold of at least one mile
– Allocation made under Tiers 1,2,3, and partially Tier 4
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ARRA Transit Discretionary Programs
• Major Capital Investments ($742.5M) - FTA focussing on projects “under construction or able to obligate funds within 150 days”
• Tribal Transit ($17M) - Competitive solicitation andselection using existing procedures; capital projects only
• Energy Program ($100M) - Competitive solicitation and selection; based on new procedures and criteria to be announced soon
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Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER)
• $100 Million • Grants to transit agencies for Capital
Projects that either:– Reduce energy consumption of the transit
agency, or– Reduce greenhouse gas emissions of the
transit agency.• Application Procedures - FTA will publish in
the Federal Register and post on website.
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ARRA TIGGER Selection Criteria• For Energy Consumption Reduction
Projects– Total energy reduction of the project– Total energy reduction of the project as a
percentage of the total energy usage of the transit agency
– Others under development• For greenhouse gas emission reduction
projects– Under development
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ARRA Tribal Transit Program• $17 million
• Eligible Applicants: Federally-recognized Indian tribes or Alaska Native villages, groups, or communities as identified by the Bureau of Indian Affairs (BIA) in the Department of the Interior (DOI).
• Eligible Projects
– Capital Projects
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ARRA Tribal Transit Program
• A separate NOFA issued from 5311 TTP program– Application periods will be concurrent
• Allowing budgets to reflect both resources
• 60 days to Submit proposals– Submitted via e-mail
• Availability: Funds must be obligated before September 30, 2010
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ARRA Tribal Transit Program
Evaluation Criteria Being Considered
• 1: Project Planning and Coordination
• 2: Demonstration of Need
• 3: Project Benefits
• 4: Financial Commitment and Operating Capacity
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ARRA Tribal Transit Program
• Program Requirements– Section 5311 TTP
– DOL special warranty applicable• Grants will be sent before award
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ARRA Capital Investment Grants
1.$750million “allocated under Section 5309(m)(2)(A)…..to enable the Secretary of Transportation to make discretionary grants as authorized by Section 5309(d) (New Starts) and (e) (Small Starts)…”
2. Statutory Priority to:a) “Projects that are in construction or are b) [E]igible to obligate funds within 150 days of
enactment…“
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ARRA CAPITAL INVESTMENT GRANTS
Commitment Authority – ARRA creates between $750 M and $1.5 B in commitment authority, depending on allocation approach. It’s arcane.– Max $1.5 B - Allocate all $750 M to existing FFGAs.
This will create an additional $750 M in commitment authority. Total is $1.5 B. Twice as much funding to commit.
– Min $750 M - Allocate some or all $750 M to new FFGAs. This will create commitment authority < $1.5 B.
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Capital Investment Grants: Status
• PMO review of existing and soon-to-be-executed contracts
• Cash flow needs based on contract payables
• FTA look at different allocation scenarios based on need, equity, completion of existing agreements
• Allocations to be announced shortly in FRN
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Reporting and Certifications Under ARRA
• High interest in progress and status of ARRA from all fronts
• Transparency:1512 and other reports posted on Recovery.Gov, available to general public
• Congressional interest in additional reporting (Oberstar/DeFazio letter)
• IG/GAO/CBO – audit and oversight33
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ARRA CERTIFICATIONS
• Secretary LaHood Letter to Governors – February 27, 2009
• ONE-DOT Certs – for FHWA and FTA
• Certifications Received are posted on www.dot.gov recovery site
• Certs required by 1201, 1511, and 1607
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Cert: S. 1201- MOE
• Maintenance of effort of State funding for all modes of transportation
• Applies to funding Planned from 2/17/09 through 9/30/2010
• ONE-DOT Certification required by March 19
• FY 2011 FHWA funding will be affected by failure to meet MOE for State funding
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Cert: S. 1511 – Project Vetting Cert
• S. 1511 – Projects have been vetted and are good investments of ARRA $
• Gov’t wide Requirement- must be received prior to award
• One State cert based on TIP/STIP Process sufficient for FTA/FHWA if it cites STIP and live link to STIP that includes/or will include transit projects
• FHWA/FTA projects must be listed in STIP with ARRA as funding source 36
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Cert: S. 1607 – ACCEPTING ARRA FUNDS
• S. 1607 –Governor accepts ARRA funds and will use them to create jobs and promote economic health
• Applies Government wide – all agencies and programs
• Due April 3, 2009
• Send copy to DOT
• Legislature may accept if Gov. declines ARRA funds
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REPORTING REQUIREMENTS
• Quarterly FSR and MPR reports – Standard FTA Grants management reports
• Report due 10 days after end of each quarter, not usual 30, to support S. 1512 reporting requirement
• Specific ARRA data reporting
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Reporting: S. 1201 (C)(2)
• DOT Requirement in ARRA
• Reports to Congress due 90 days, 180 days, 1 year, 2 years, and 3 years after enactment
• Requires financial and progress information at project level (sub-awards and contracts)
• DOT/FTA still working out logistics39
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Reporting: S. 1512
• Government Wide ARRA requirement –
• Quarterly Reports due 10 days after each quarter for grantee/30 days for DOT
• First report due July 10, 2009
• Detailed project/activity level information – including jobs data
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Reporting: S. 1512 Reports (cont’d)
• OMB developing standard form and instructions
• DOT/FTA still working out logistics
• FTA will use existing TEAM data to extent possible – but insufficient
• All Recipients, sub-recipients, and contractors under ARRA must have DUNS (www.dnb.com) and CCR (www.ccr.gov) registration
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Reporting: S. 1609 Report
• Report to Congress on status of NEPA compliance for ARRA projects
• FTA will use TEAM environmental findings to extent possible
• May require additional reporting from applicants/grantees
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FTA ARRA Support• Planning and Environment - FTA Regional
Office assistance available to States, MPO’s, and transit agencies.
• Grant Systems Updates – TEAM updated and open.
• Apportionment & Guidance – Final apportionment of funds and grantee guidance published 3/5/09.
• Process Streamlining – Early assignment of grant numbers to facilitate simultaneous reviews by DOT and DOL.
• FTA Recovery Webpage - Robust Webpage devoted to ARRA Q’s and A’s.
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Questions?
*Please contact your FTA Regional Office with your questions as soon as possible.
Webpage: www.fta.dot.gov/economicrecovery
