Justice40 Non-Federal Match Flexibility

Exceptions:

(1) Vehicles. The federal share is 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act (ADA; 42 U.S.C. 12101 et seq.) or the Clean Air Act (CAA; 42 U.S.C. 7401 et seq.).

(2) Vehicle-related Equipment and Facilities. The federal share for project costs for acquiring vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle–related equipment or facilities) for purposes of complying or maintaining compliance with the CAA, or for meeting the requirements of the ADA, is 90 percent. FTA considers vehicle-related equipment to be equipment on and attached to the vehicle. The grant recipient must itemize the cost of specific, discrete, vehicle-related equipment being purchased to be in compliance with the ADA or CAA. The federal share is 90 percent of the cost for these itemized elements.

Other federal funding programs are eligible for match; please reference the CCAM Program Inventory for eligible programs.

Exceptions:

(1) Vehicles. The federal share is 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act (ADA; 42 U.S.C. 12101 et seq.) or the Clean Air Act (CAA; 42 U.S.C. 7401 et seq.).

(2) Vehicle-related Equipment and Facilities. The federal share for project costs for acquiring vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle–related equipment or facilities) for purposes of complying or maintaining compliance with the CAA, or for meeting the requirements of the ADA, is 90 percent. FTA considers vehicle-related equipment to be equipment on and attached to the vehicle. The grant recipient must itemize the cost of specific, discrete, vehicle-related equipment being purchased to be in compliance with the ADA or CAA. The federal share is 90 percent of the cost for these itemized elements.

Other federal funding programs are eligible for match; please reference the CCAM Program Inventory for eligible programs.

The federal share of eligible capital costs is 80 percent of the net capital project cost, unless the grant recipient requests a lower percentage.

Exceptions:

(1) Vehicles. The federal share is 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act (ADA; 42 U.S.C. 12101 et seq.) or the Clean Air Act (CAA; 42 U.S.C. 7401 et seq.).

(2) Vehicle-related Equipment and Facilities. The federal share for project costs for acquiring vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle–related equipment or facilities) for purposes of complying or maintaining compliance with the CAA, or for meeting the requirements of the ADA, is 90 percent. FTA considers vehicle-related equipment to be equipment on and attached to the vehicle. The grant recipient must itemize the cost of specific, discrete, vehicle-related equipment being purchased to be in compliance with the ADA or CAA. The federal share is 90 percent of the cost for these itemized elements.

Sliding scale applies**

Federal share:

1. May amount up to 100% for designated types of projects;***
2. Is 100% for projects in Virgin Islands, Guam, American Samoa, or the CW. of the Northern Mariana Islands;
3.  Is 100% for ADHS projects; and
4. Is 100% for projects within Indian reservations, national parks and monuments.

Tribes may use Tribal Transportation Program funds for the match.

Sliding Scale applies**

Federal share:
(1) For projects with funds obligated in fiscal year 2008 and 2009, may be up to 100%;
(2) May amount up to 100% for designated types of projects;***
(3) Is 100% for projects in Virgin Islands, Guam, American Samoa, or the CW. of the Northern Mariana Islands;
(4) Is 100% for workforce development; and
(5) 100% for projects within Indian reservations, national parks and monuments.
Tribes may use Tribal Transportation Program funds for the match.
(6) Operating activities are eligible at 80% Federal share versus typical 50% Federal share.

Exceptions:

(1) Vehicles. The federal share is 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act (ADA; 42 U.S.C. 12101 et seq.) or the Clean Air Act (CAA; 42 U.S.C. 7401 et seq.).

(2) Vehicle-related Equipment and Facilities. The federal share for project costs for acquiring vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle–related equipment or facilities) for purposes of complying or maintaining compliance with the CAA, or for meeting the requirements of the ADA, is 90 percent. FTA considers vehicle-related equipment to be equipment on and attached to the vehicle. The grant recipient must itemize the cost of specific, discrete, vehicle-related equipment being purchased to be in compliance with the ADA or CAA. The federal share is 90 percent of the cost for these itemized elements.

Exceptions:

(1) Vehicles. The federal share is 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act (ADA; 42 U.S.C. 12101 et seq.) or the Clean Air Act (CAA; 42 U.S.C. 7401 et seq.).

(2) Vehicle-related Equipment and Facilities. The federal share for project costs for acquiring vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle–related equipment or facilities) for purposes of complying or maintaining compliance with the CAA, or for meeting the requirements of the ADA, is 90 percent. FTA considers vehicle-related equipment to be equipment on and attached to the vehicle. The grant recipient must itemize the cost of specific, discrete, vehicle-related equipment being purchased to be in compliance with the ADA or CAA. The federal share is 90 percent of the cost for these itemized elements.

Other federal funding programs are eligible for match; please reference the CCAM Program Inventory for eligible programs.

INFRA grants may be used for up to 60 percent of future eligible project costs. Other Federal assistance may satisfy the non-INFRA share requirement for an INFRA grant, but total Federal assistance for a project receiving an INFRA grant may not exceed 80 percent of future total eligible project costs, except that, for States with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b) of title 23, U.S.C. The following chart identifies the 13 maximum total Federal cost share for INFRA projects, under such section 120(b), for projects for FY 2022.

State Maximum Federal Share for INFRA projects:
Alaska 90.97%
Arizona 90.94%
California 83.57%
Colorado 82.79%
Hawaii 81.30%
Idaho 84.97%
Montana 82.75%
Nevada 94.89%
New Mexico 85.44%
Oregon 84.63%
South Dakota 81.95%
Utah 89.52%
Washington 81.42%
Wyoming 86.77%

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 U.S.C. may be used for the non-Federal share. 

Exceptions:

(1) Vehicles. The federal share is 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act (ADA; 42 U.S.C. 12101 et seq.) or the Clean Air Act (CAA; 42 U.S.C. 7401 et seq.).

(2) Vehicle-related Equipment and Facilities. The federal share for project costs for acquiring vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle–related equipment or facilities) for purposes of complying or maintaining compliance with the CAA, or for meeting the requirements of the ADA, is 90 percent. FTA considers vehicle-related equipment to be equipment on and attached to the vehicle. The grant recipient must itemize the cost of specific, discrete, vehicle-related equipment being purchased to be in compliance with the ADA or CAA. The federal share is 90 percent of the cost for these itemized elements.

Proposals that support planning activities that assist parts of an urbanized area or rural area with lower population density or lower average
income levels compared to the applicable area or adjoining areas are eligible to receive a Federal funding share of no less than 90 percent and
applicants may request a share up to 100 percent.

Proposals that address three or more activities related to the development of affordable housing will receive a Federal funding share of 100 percent.

The Secretary may increase the Federal share of costs above 80 percent for: (1) a grant for a project that is located in a rural area; or (2) a grant awarded to a small project at a small port under 46 U.S.C. 54301(b). Here are the definitions from the NOFO.

• Rural area: An area located outside a 2010 Census-designated urbanized area.
• Small port: A coastal seaport, Great Lakes, or inland river port to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons, as determined using U.S. Army Corps of Engineers data or data provided by an independent audit the findings of which are acceptable to the Secretary. For joint applications, DOT will use the status of the lead (eligible) applicant when determining whether the project is for a small port.
• Small project at a small port: A project at a small port seeking less than or equal to $11.25 million in funding under 46 U.S.C. 54301(b)
• TIFIA and/or RRIF loan funds can be used as match so long as they are repaid from non-Federal sources.

Tribes may use Tribal Transportation Program funds for the match.

§ 11405; 23 U.S.C. 176(c)(3)(D)

23 U.S.C. 176 (e)(1) Federal share may be increased by:

• 7 percentage points if the State developed a Resilience Improvement Plan and prioritized the project on that Resilience Improvement Plan; and
• 3 percentage points if a State Resilience Improvement Plan developed in accordance with 23 U.S.C. 176(e) is incorporated into the metropolitan transportation plan under 23 U.S.C. 134 or the statewide long-range transportation plan under 23 U.S.C. 135, as applicable. [§ 11405; 23 U.S.C. 176(e)(1)(B)]

 ...but a State may not receive a reduction in non-Federal share under 23 U.S.C. 176(e)(1) of more than 10 percentage points for any single project carried out with PROTECT Formula Program funds. [§ 11405; 23 U.S.C. 176 (e)(1)(B)(iii)(I)]

A reduction in non-Federal share under 23 U.S.C. 176(e)(1) shall not reduce the non-Federal share of the costs of a project carried out with PROTECT Formula Program funds to an amount that is less than zero. [(§ 11405; 23 U.S.C. 176 (e)(1)(B)(iii)(II)]

A State may use Federal funds (other than PROTECT Formula Program funds) to meet the non-Federal share for a project funded with PROTECT Formula Program funds. [§ 11405; 23 U.S.C. 176(c)(3)(D)(ii)]

§ 11405; 23 U.S.C. 176(d)(5)(E)

23 U.S.C. 176(e)(1)Federal share may be increased by:

• 7 percentage points if the State developed a Resilience Improvement Plan and prioritized the project on that Resilience Improvement Plan; and
•  3 percentage points if a State Resilience Improvement Plan developed in accordance with 23 U.S.C. 176(e) is incorporated into the metropolitan transportation plan under 23 U.S.C. 134 or the statewide long-range transportation plan under 23 U.S.C. 135, as applicable. [§ 11405; 23 U.S.C. 176(e)(1)(B)]

...but a State may not receive a reduction in non-Federal share under 23 U.S.C. 176(e)(1) of more than 10 percentage points for any single project carried out with PROTECT Formula Program funds. [§ 11405; 23 U.S.C. 176 (e)(1)(B)(iii)(I)].

A reduction in non-Federal share under 23 U.S.C. 176(e)(1) shall not reduce the non-Federal share of the costs of a project carried out with PROTECT Formula Program funds to an amount that is less than zero. [(§ 11405; 23 U.S.C. 176 (e)(1)(B)(iii)(II)].

A State may use Federal funds (other than PROTECT Formula Program funds) to meet the non-Federal share for a project funded with PROTECT Formula Program funds. [§ 11405; 23 U.S.C. 176(d)(5)(E)(iii)]

The following Federal funds to be considered “non-Federal” for the purpose of the RAISE program: (A) tribal transportation program funds under section 202 of title 23; (B) Federal lands transportation program funds under section 203 of title 23; (C) TIFIA program funds (as defined in section 601(a) of title 23); and (D) Railroad Rehabilitation and Improvement Financing Program under chapter 224.

Toll credits under 23 U.S.C. 120(i) are considered a Federal source under the RAISE program and, therefore, cannot be used to satisfy the statutory cost sharing requirement of a RAISE award. 

Tribal may use Tribal Transportation Program funds as a match.

Funds made available under Highway Safety Improvement Program (23 U.S.C. 148) may be credited toward the non-Federal share of the costs of a TA Set-Aside project if the project is an eligible Highway Safety Improvement Program project as described in 23 U.S.C. 148(e)(1) and is consistent with the State strategic highway safety plan as defined in 23 U.S.C. 148(a), subject to the requirements in 23 U.S.C. 133(h)(7)(A) and (C). 23 U.S.C. 133(h)(7)(B)(i). Other federal funding programs are eligible for match; for eligible programs, please reference the CCAM Program Inventory.