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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices project costs. Non-Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue-funded programs, private funds or other funding sources of non-Federal origins. If a Federal land management agency applies jointly with a State or group of States, and that agency carries out the project, then Federal funds that were not made available under titles 23
or 49 of the United States Code may be used for the non-Federal share. Unless otherwise authorized by statute, local cost-share may not be counted as nonFederal share for both the INFRA and another Federal program. For any project, the Department cannot consider previously incurred costs or previously expended or encumbered funds towards the matching requirement. Matching funds are subject to the same Federal requirements described in Section F.2.b as awarded funds. See Sections D.2.b.iv, D.2.b.vii.5a, and E.1.b.v.5 for information about documenting cost sharing in the application.
For the purpose of evaluating eligibility under the statutory limit on total Federal assistance, funds from TIFIA and Railroad Rehabilitation &
Improvement Financing RRIF credit assistance programs are considered Federal assistance and, combined with other Federal assistance, may not exceed 80 percent of the future eligible project costs.
3. Other a. Eligible Projects Eligible projects for INFRA grants are:
Highway freight projects carried out on the National Highway Freight Network 23 U.S.C. 167; highway or bridge projects carried out on the National Highway System NHS, including projects that add capacity on the Interstate System to improve mobility or projects in a national scenic area;
railway-highway grade crossing or grade separation projects; or a freight project that is 1 an intermodal or rail project, or 2 within the boundaries of a public or private freight rail, water including ports, or intermodal facility. A project within the boundaries of a freight rail, water including ports, or intermodal facility must be a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility and must significantly improve freight movement on the National Highway Freight Network. Improving freight movement on the National Highway Freight Network may include shifting freight transportation to other modes, thereby reducing congestion and
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bottlenecks on the National Highway Freight Network. For a freight project within the boundaries of a freight rail, water including ports, or intermodal facility, Federal funds can only support project elements that provide public benefits.
b. Eligible Project Costs INFRA grants may be used for the construction, reconstruction, rehabilitation, acquisition of property including land related to the project and improvements to the land, environmental mitigation, construction contingencies, equipment acquisition, and operational improvements directly related to system performance.
Statutorily, INFRA grants may also fund development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering, design, and other preconstruction activities, provided the project meets statutory requirements. However, the Department is seeking to use INFRA funding on projects that result in construction meaning development phase activities are less competitive by nature of the evaluation structure described in Section E. Public-private partnership assessments for projects in the development phase are also eligible costs.
INFRA grant recipients may use INFRA funds to pay the subsidy and administrative costs necessary to receive TIFIA credit assistance.
All INFRA projects are subject to the Buy America requirement at 23 U.S.C.
313. The Department expects all INFRA
applicants to comply with that requirement without needing a waiver.
To obtain a waiver, a recipient must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project. If you anticipate requiring a waiver, you must state so in your application.
c. Minimum Project Size Requirement For the purposes of determining whether a project meets the minimum project size requirement, the Department will count all future eligible project costs under the award and some related costs incurred before selection for an INFRA grant. Previously incurred costs will be counted toward the minimum project size requirement only if they were eligible project costs under Section C.3.b. and were expended as part of the project for which the applicant seeks funds. Although those previously incurred costs may be used for meeting the minimum project size thresholds described in this Section,
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they cannot be reimbursed with INFRA
grant funds, nor will they count toward the projects required non-Federal share.
i. Large Projects The minimum project size for large projects is the lesser of $100 million; 30
percent of a States FY 2020 Federal-aid apportionment if the project is located in one State; or 50 percent of the larger participating States FY 2020
apportionment for projects located in more than one State. The following chart identifies the minimum total project cost, rounded up to the nearest million, for projects for FY 2021 for both single and multi-State projects.

State
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Dist. of Col.
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

FY21 NSFHP
30% of FY20
apportionment one-state minimum millions
FY21 NSFHP
50% of FY20
apportionment multi-state minimum
millions
$100
100
100
100
100
100
100
56
53
100
100
56
95
100
100
100
100
100
100
62
100
100
100
100
100
100
100
96
100
55
100
100
100
100
83
100
100
100
100
73
100
94
100
100
100
68
100
100
100
100
85

$100
100
100
100
100
100
100
94
88
100
100
94
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
92
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

For multi-State projects, the minimum project size is the largest of the multi-State minimums from the participating States.

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