Federal Register - February 25, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
evaluate how the applicant will advance the Performance and Accountability program objective. In general, the applicant should indicate which if any accountability measures they are willing to implement or have implemented, along with the specific details necessary for the Department to evaluate their accountability measure. The applicant should also address the lifecycle cost component of this criterion in this section. See Section E.1.a for additional information.
vi. Project Readiness This section of the application should include information that, when considered with the project budget information presented elsewhere in the application, is sufficient for the Department to evaluate whether the project is reasonably expected to begin construction in a timely manner. To assist the Departments project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections.
Applicants are not required to follow the specific format described here, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, the Department encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application.
The guidance here is about what information applicants should provide and how the applicant should organize their application. Guidance describing how the Department will evaluate a projects readiness is described in section E.1 of this notice. Applicants also should review that section before considering how to organize their application.
A Technical Feasibility. The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the INFRA application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget riskmitigation measures. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed.
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B Project Schedule. The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include State and local planning approvals programming on the Statewide Transportation Improvement Program, start and completion of NEPA and other Federal environmental reviews and approvals including permitting; design completion; right of way acquisition;
approval of plans, specifications and estimates PS&E; procurement; State and local approvals; project partnership and implementation agreements including agreements with railroads;
and construction. The project schedule should be sufficiently detailed to demonstrate that:
1 All necessary activities will be complete to allow INFRA funds to be obligated sufficiently in advance of the statutory deadline September 30, 2024
for FY 2021 funds, and that any unexpected delays will not put the funds at risk of expiring before they are obligated;
2 the project can begin construction quickly upon obligation of INFRA
funds, and that the grant funds will be spent expeditiously once construction starts; and 3 all real property and right-of-way acquisition will be completed in a timely manner in accordance with 49
CFR part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary.
C Required Approvals.
1 Environmental Permits and Reviews. The application should demonstrate receipt or reasonably anticipated receipt of all environmental approvals and permits necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline, including satisfaction of all Federal, State, and local requirements and completion of the NEPA process. Specifically, the application should include:
a Information about the NEPA status of the project. If the NEPA process is complete, an applicant should indicate the date of completion, and provide a website link or other reference to the final Categorical Exclusion, Finding of No Significant Impact, Record of Decision, and any other NEPA
documents prepared. If the NEPA
process is underway, but not complete, the application should detail the type of NEPA review underway, where the project is in the process, and indicate the anticipated date of completion of all milestones and of the final NEPA
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determination. If the last agency action with respect to NEPA documents occurred more than three years before the application date, the applicant should describe why the project has been delayed and include a proposed approach for verifying and, if necessary, updating this material in accordance with applicable NEPA requirements.
b Information on reviews, approvals, and permits by other agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies,7
indicate the status of such actions, and provide detailed information about the status of those reviews or approvals and should demonstrate compliance with any other applicable Federal, State, or local requirements, and when such approvals are expected. Applicants should provide a website link or other reference to copies of any reviews, approvals, and permits prepared.
c Environmental studies or other documentspreferably through a website linkthat describe in detail known project impacts, and possible mitigation for those impacts.
d A description of discussions with the appropriate USDOT modal administration field or headquarters office regarding the projects compliance with NEPA and other applicable Federal environmental reviews and approvals.
e A description of public engagement about the project that has occurred, including details on the degree to which public comments and commitments have been integrated into project development and design.
2 State and Local Approvals. The applicant should demonstrate receipt of State and local approvals on which the project depends, such as State and local environmental and planning approvals and STIP or TIP funding. Additional support from relevant State and local officials is not required; however, an applicant should demonstrate that the project has broad public support.
3 Federal Transportation Requirements Affecting State and Local Planning. The planning requirements applicable to the Federal-aid highway program apply to all INFRA projects, but for port, freight, and rail projects, planning requirements of the operating administration that will administer the INFRA project will also apply,8
7 Projects that may impact protected resources such as wetlands, species habitat, cultural or historic resources require review and approval by Federal and State agencies with jurisdiction over those resources.
8 In accordance with 23 U.S.C. 134 and 135, all projects requiring an action by the Federal Highway Administration FHWA must be in the applicable plan and programming documents e.g.,
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