Reconnecting Communities - FAQs
RCP Grant Priorities
The purpose of the RCP Program is to reconnect communities by removing, retrofitting, or mitigating transportation facilities like highways or rail lines that create barriers to community connectivity, including to mobility, access, or economic development. The program provides technical assistance and grant funding for planning and capital construction to address infrastructure barriers, reconnect communities, and improve peoples’ lives.
The variety of transformative solutions to knit communities back together can include: high-quality public transportation, infrastructure removal, pedestrian walkways and overpasses, capping and lids, linear parks and trails, roadway redesigns and complete streets conversions, and main street revitalization.
RCP Grant Types
The RCP Program provides funding for two types of grants, Planning Grants and Capital Construction Grants.:
- Planning Grants fund the study of removing, retrofitting, or mitigating an existing facility to restore community connectivity; public engagement; and other transportation planning activities.
- Capital Construction Grants are to carry out a project to remove, retrofit, mitigate, or to replace an existing eligible facility with a new facility that reconnects communities.
Eligibility to Apply
Eligible applicants for Planning Grants are States, units of local government, Federally recognized Tribal governments, Metropolitan Planning Organizations, and nonprofit organizations. These entities are also eligible to serve as the recipient to administer the award.
Eligible applicants for Capital Construction Grants are the 1) the Facility Owner or 2) Eligible applicants to Planning Grants may also submit the application for a Capital Construction Grant, as long as the Owner of the eligible transportation facility is a joint applicant, with evidence of endorsing the application.
IMPORTANT NOTE: Only Facility Owners may serve as the recipient of the Capital Construction grant. The Facility Owner may ultimately choose to administer the award through a sub-recipient.
Facility Owner refers to the owner of the eligible facility, defined as: A highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (See NOFO definitions, page 28)
In its endorsement, the Facility Owner should explicitly acknowledge an understanding of the proposed project and the intent to carry out a construction action on the facility that it owns. The Facility Owner should also acknowledge an understanding that if DOT makes the award, the Facility Owner agrees to act as the recipient and administer the award. The Facility Owner may ultimately choose to administer the award through a sub-recipient. This endorsement may take the form of a letter. If there are other agreements in place, the applicant may include those as supplemental materials. This does not count against the Narrative page limit.
Facility Owner refers to the owner of the eligible facility, defined as: A highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (See NOFO definitions, page 28)
Final applications must be submitted through Grants.gov. Don’t forget – in order to apply for a grant in grants.gov, you must also have a Unique Entity Identifier (UEI). If you previously had a DUNS number and were registered with that DUNS at SAM.gov, you already have a UEI that is available for viewing in in SAM.gov. If you do not already have a UEI, get a new UEI at SAM.gov. The process takes a while, so start early.
To register on Grants.gov, an interested entity must:
- Obtain a Unique Entity Identifier (UEI) number;
- Register with the System for Award Management (SAM) at www.SAM.gov;
- Create a Grants.gov username and password; and
- The E-Business Point of Contact (POC) at your organization must respond to the registration email from Grants.gov and login at Grants.gov to authorize you as an Authorized Organization Representative (AOR). Please note that there can be more than one AOR for an organization.
For information and instructions on each of these processes, please see Grants.gov’s Frequently Asked Questions by Applicants.
Final applications must be submitted by 11:59 PM EDT on Thursday, October 13, 2022. Applicants are strongly encouraged to make submissions in advance of the deadline.
If prospective applicants difficulties at any point during registration or application process, please call the Grants.gov Customer Support Hotline at 1-800-518-4726 or email at support@grants.gov.
NOTE - Grants.gov is down for routine maintenance from September 23-30, 2022.
Yes, if they meet the eligibility criteria.
For the purposes of the RCP NOFO, applicants may demonstrate “economic disadvantage” of the project area according to ONE of the following tools:
- EPA Environmental Justice Screening and Mapping tool (EJSCREEN), Socio-economic indicator for low income, block groups in the 80th percentile or above, compared to the State.
- Areas of Persistent Poverty table for the County or Census tract level.
- DOT’s mapping tool for Historically Disadvantaged Communities. See Transportation Disadvantaged Census Tracts in ArcGIS Dashboards.
- Other Federally designated community development zones (for example: Opportunity Zones, Empowerment Zones, Promise Zones, or Choice Neighborhoods).
Yes, Federally recognized Tribal governments are eligible applicants for Planning Grants, and Capital Construction Grants if they are the Facility Owner. If a Tribe does not own the eligible facility and the Facility Owner is not the Federal government, the Tribe may submit a joint application with the Facility Owner for a Capital Construction Grant.
Facility Owner refers to the owner of the eligible facility, defined as: A highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (See NOFO definitions, page 28)
U.S. Territories are not eligible to apply for Planning Grants. Otherwise eligible entities located in or serving U.S. Territories are eligible to apply for Planning Grants. The Owner of a Facility is eligible for a Capital Construction grant, even if a facility is located in a U.S. Territory.
No, facilities owned by the Federal government are not eligible facilities under the RCP program.
Yes. Puerto Rico and the District of Columbia are eligible for both types of grants.
Yes, a transit authority would generally be eligible for a Planning Grant as a unit of local government or as a non-profit organization. For a Capital Construction Grant, a transit agency would also need to be the facility owner or partner with that owner.
Yes, private Facility Owners are eligible to apply for Capital Construction grants. Private sector entities are not eligible recipients of Planning Grants. However, private sector entities may partner with an eligible applicant or provide funding for a RCP Program project.
A public university may be eligible for a planning grant as a State or unit of local government, depending on how the university is chartered. A private, nonprofit university may be eligible for a planning grant as a nonprofit organization, depending on how the university is chartered. Any university is eligible for a capital construction grant if it is an owner of an eligible facility. See also "Can an entity apply for a grant if they do not own the eligible facility or barrier?"
Yes, COGs and RTPOs would be eligible as units of local government. See also FAQ - "Who is eligible to apply for RCP program grants?"
Nonprofit applicants should provide information describing how they are legally organized and confirming their nonprofit tax status.
Yes, partnerships are encouraged and are included in the merit criteria. See merit criterion #3: Community-based Stewardship, Management, and Partnerships.
Eligible applicants for Capital Construction Grants are the 1) the Facility Owner of an eligible facility or 2) Eligible applicants to Planning Grants may submit the application for a Capital Construction Grant, as long as the Owner of the eligible transportation facility is a joint applicant, with evidence of endorsing the application. See FAQ: "For a Capital Construction Grant application, what constitutes the endorsement of a Facility Owner?"
Facility Owner refers to the owner of the eligible facility, defined as: A highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (See NOFO definitions, page 28)
Grant Awards, Funding, and Match
Planning Grants
Approximately $50 million per year over 5 years for a total of $250 million.
Capital Construction Grants
Approximately $145 million to $155 million per year over 5 years for a total of $750 million. For FY 2022, $145 million is available.
Technical Assistance
Up to $30 million over 5 years from Planning Grant funds.
DOT will evaluate grant applications based on Merit Criteria, Project Readiness, and Benefit Cost Analysis (for Capital Construction Projects). The four Merit Criteria are:
- Equity, Environmental Justice, and Community Engagement;
- Mobility and Community Connectivity;
- Community-based Stewardship, Management, and Partnerships; and
- Equitable Development and Shared Prosperity.
The criteria will be weighted equally during application review. More details on the criteria are available in the NOFO. As described in Section E of the NOFO, DOT may use some other considerations, such as benefits to disadvantaged communities, urban / rural balance, geographic and organizational diversity, and for Capital Construction Projects labor and workforce development when selecting RCP Program grant awards.
Planning Grant awards are not to exceed $2 million per recipient. DOT anticipates that Planning Grants may range from $100,000 to $2,000,000.
Capital Construction Grant awards are no less than $5 million per project. DOT anticipates that Capital Construction Grants may range from $5 million to $100 million.
There is no established number of grants to be awarded.
Yes, both Planning and Capital Construction grants require a minimum 20% Non-Federal match. In addition, a Capital Construction grant cannot exceed 50% of the project’s total cost, and DOT may award Reconnecting Communities grants for amounts less than the maximum permissible share. Therefore, depending on the size of the Reconnecting Communities grant and the recipient’s ability to use other Federal funds on the project, a local match greater than 20% may be necessary to complete the project. See "May Federal funds be used to satisfy the 20% Local Match requirement?" for additional details.
An “eligible expense” is an expense incurred by the RCP grant recipient that directly facilitates the execution of a grant agreement and its activities and must be “reasonable,” “necessary,” and “allocable” (2 CFR Part 200.403[a], 404, and 405). Eligible expenses comprise the total project cost for the grant including funding through the RCP Program and non-Federal match. Matching eligible expenses must be documented appropriately to be counted towards a match. Please note - ALL expenses counted as non-Federal match must be otherwise eligible for RCP funding. See related guidance on Understanding Non-Federal Match for the RCP Program.
Matching funds may include Non-Federal sources such as State funds originating from programs funded by State revenue, Non-Federal funds originating from State or local revenue-funded programs, or private funds. Grant recipients may also use in-kind or cash contributions toward Non-Federal match requirements so long as those contributions meet the requirements under 2 CFR § 200.306(b) and 23 CFR § 710.505 for the donation of real property. In-kind contributions may include donations of real property or compensation for community members’ time, materials, pro bono work provided to the project by third parties, and donations from private sponsors.
Yes, other Federal funds in addition to an RCP grant may be used to pay for project costs up to 80% of total project costs. In general, other Federal funds cannot be used to exceed that 80% threshold. For limited exceptions, see FAQ - "May Federal funds be used to satisfy the 20% local match requirement?"
Note: The Coordinating Council on Access and Mobility (CCAM) Federal Fund Braiding Guide is a catalog of other Federal assistance and provides information about when that Federal assistance can be combined with other Federal funding. The guide defines Federal fund braiding for local match and examines whether Federal fund braiding is allowable for 61 programs across CCAM agencies that may fund transportation. These programs may be helpful for applicants to consider in meeting the Federal funds maximum. See - https://www.transit.dot.gov/regulations-and-programs/ccam/about/coordinating-council-access-and-mobility-ccam-federal-fund
Federal Programs that may be used for the 20% local match for Planning Grants:
DOT’s Tribal Transportation Program Funds, if the project will provide access to Tribal land.
DOT’s Federal Lands Transportation Funds, if the project will provide access to Federal land.
DOT’s Recreational Trails Program Funds, if the project is eligible under that program.
HUD’s Community Development Block Grants (CDBG), if the CDBG-funded portion of the project is undertaken as part of CDBG-eligible activities.
U.S. Government-wide program that may be used for the 20% local match for Planning Grants OR Construction Grants:
Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program. SLFRF funds available under sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act (42 U.S.C §§ 802–803) may be used for the provision of government services up to the amount of the recipient government’s reduction in revenue due to the COVID–19 public health emergency. However, if the recipient’s SLFRF payment exceeded their reduction in revenue due to the emergency, the excess amounts cannot be used as non-Federal share.
No, the RCP program does not allow for States to use the sliding scale to adjust Non-Federal match. The RCP's specific cost share requirement supersedes this. See the Cost Sharing and Matching section of the NOFO on page 6.
Yes, grant recipients may use in-kind or cash contributions such as donations of real property or compensation for community members’ time, materials, pro bono work provided to the project by third parties, and donations from private sponsors toward Non-Federal match requirements, so long as those contributions meet the requirements under 2 CFR § 200.306(b) and 23 CFR § 710.505 for the donation of real property.
2 CFR § 200.1 defines "in-kind contributions" only in the context of "third-party in-kind contributions" and means the value of cash or non-cash contributions (i.e., property or services) that: 1) Benefit a federally-assisted project or program; and 2) Are contributed by non-Federal third parties, without charge, to a non-Federal entity under a Federal award.
RCP recipients may satisfy the required match through cash or through the value of non-cash assets that are actively accruing expenses (examples include: property, equipment, utilities, etc.) and are resources that the applicant is contributing to achieve the purposes of the grant award.
A third-party in-kind contribution may be cash or non-cash. DOT classifies volunteer time and other donations from the non-recipient as third-party in-kind contributions. Please visit the DOT Navigator resource for more information and Understanding Non-Federal Match for the RCP Program.
No, other than the allocation between Planning and Capital Construction, there are no set-asides in the program.
No. A Congressional earmark is Federal funding. Non-Federal or local match must be comprised on non-Federal funds except for limited exceptions. See related FAQ.
The application limit applies to the holder of the Unique Entity Identifier the applicant uses to submit to grants.gov.
A lead applicant may submit up to three applications in the same year. Unrelated projects should not be bundled together into a single application. DOT strongly encourages joint applications from place-based partnerships or consortia, headed by a lead applicant. The number of application submissions is tracked by lead applicant. The lead applicant submits the application onto grants.gov.
Yes, Transportation Development Credits / Toll Credits may be used in the RCP Program. See the FHWA Memo "Updated Toll Credit Guidance," dated September 14, 2021 - https://www.fhwa.dot.gov/ipd/finance/tools_programs/federal_aid/matching_strategies/HOP-210910-001-HCF-001_Action%20Memo-Tol_Credit_for_NonFederal_Share_HCF.pdf
Yes, applicants who receive a Planning Grant will be eligible to apply for a Capital Construction Grant in subsequent application cycles, should they meet the eligibility criteria.
No, non-Federal share is not a selection criterion.
RCP Program Funds are administered on a reimbursement basis. Grant recipients will generally be required to pay project costs up front using their own funds, and then request reimbursement for those costs through billings. Costs incurred prior to the grant award are not eligible for reimbursement.
Yes, if the applicant and project are eligible under the RCP Program criteria.
If a Capital Construction Grant recipient does not receive the full funds requested, the funded RCP project will receive a ‘Reconnecting Extra’ designation which encourages and facilitates RCP Program recipients’ pursuit of supplemental DOT discretionary program funding. If a project designated ‘Reconnecting Extra’ applies for funding under the FY 2023 – FY 2026 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) or Multimodal Projects Discretionary Grant (MPDG) programs and is determined eligible, DOT will deem the RCP project application ‘Highly Recommended’ subject to evaluation with the relevant program’s merit criteria. The Department will still consider the RCP project’s alignment with the relevant program’s requirements and any project risks before making any award to that RCP project. Projects with this designation that apply for DOT financing programs, such as the Transportation Infrastructure Finance and Innovation Act (TIFIA) program and Railroad Rehabilitation and Improvement Financing (RRIF) program, will be considered for assistance to the extent permissible under law.
Eligible Activities and Projects
Public engagement activities, including community visioning or other place-based strategies for public input into project plans.
Planning studies to assess the feasibility of removing, retrofitting, or mitigating an existing eligible facility to reconnect communities, including assessments of: current traffic patterns on the facility and the surrounding street network; capacity of existing transportation networks to maintain mobility needs; alternative roadway designs or other uses for the right-of-way; the project’s impact on mobility of freight and people; the project’s impact on safety; the estimated cost to restore community connectivity and to convert the facility to a different design or use, compared to any expected maintenance or reconstruction costs; the project’s anticipated economic impact and development opportunities; the project’s environmental, public health, and community impacts.
Other planning activities in advance of the project, such as: conceptual and preliminary engineering, or design and planning studies that support the environmental review for a construction project; and associated needs such as locally-driven land use and zoning reform, transit-oriented development, housing supply, in particular location-efficient affordable housing, managing gentrification and neighborhood change, proposed project impact mitigation, green and open space, local history and culture, access and mobility barriers, jobs and workforce, or other necessary planning activities as put forth by the applicant that do not result in construction.
Other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity such as: conceptual and preliminary engineering or design and planning studies that support the environmental review for a construction project.
Eligible facilities are highways or other transportation facilities that create a barrier to community connectivity. This includes barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. A bridge can be an eligible facility under the RCP program if it creates a barrier to community connectivity. Rivers, lakes, mountains and other natural geographic features are not eligible transportation facilities that create barriers under the RCP Program.
The removal, retrofit, or mitigation of an eligible facility.
The replacement of an eligible facility with a new facility that restores community connectivity.
Eligible construction grant activities include: Preliminary and detailed design activities and associated environmental studies; predevelopment / preconstruction; permitting activities including the completion of the National Environmental Policy Act (NEPA) process; the removal, retrofit, or mitigation of an eligible facility; the replacement of an eligible facility with a new facility that restores community connectivity; delivering community benefits and the mitigation of impacts identified through the NEPA process or other planning and project development for the capital construction project.
No, operating costs are not eligible under the RCP Program.
No, an RCP Planning grant cannot be used to draft or update an ADA transition Plan, Title VI Plan, or Community Engagement Plan that would be used to satisfy Title VI requirements. RCP Planning and Construction Grants are intended to reconnect communities by addressing a specific transportation facility that creates a barrier, not to draft system-wide plans. Note - pedestrian facilities built with an RCP grant must be accessible to and usable by people with disabilities and barriers that have been removed can be reported in an ADA Transition Plan update.
Please review the FHWA Pedestrian and Bicycle Funding Opportunities table, which lists STBG, TA, RTP, PLAN, and FLTTP as programs that can fund ADA Transition Plans. See: https://www.fhwa.dot.gov/environment/bicycle_pedestrian/funding/funding_opportunities.cfm
RCP Program applicants should demonstrate compliance or a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR § 21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. This can be substantiated through a link to an existing Title VI Plan, ADA Transition Plan, or a signature of assurance with a status report to show that the applicant is developing those documents. See page 25 of the NOFO.
An RCP project may contain multiple components that address the same transportation facility that creates a barrier to community connectivity. Multiple facilities may be treated as a single facility if there is a clear spatial relationship between adjacent components and those facilities in close proximity collectively create a barrier to connectivity.
No, a community advisory board is not an explicit requirement. However, Community-based Stewardship, Management, and Partnerships is one of the four Merit criteria for both the Planning and Capital Construction Grants. Under that criterion, DOT will evaluate project proposals based on its community-centered approach to envisioning a reconnection that meaningfully redresses inequities, formal partnerships within the community adjacent to the facility, and engagement with a representative community advisory board or other place-based management organization such as a community land trust, or the use of community benefits agreement, or other community development activities. More details on the criteria and the definition of a community advisory board are available in the NOFO.
Yes, there is a priority for transformative solutions that serve all users, including those with disabilities. See Merit Criterion #2: Mobility and Community Connectivity.
Land acquisition is not allowable under an RCP Planning Grant.
For a Construction Grant, land acquisition prior to the conclusion of the NEPA processes consideration of alternatives is not generally allowed (23 CFR 771.113(a)). Once the NEPA decision has been made (i.e., Record of Decision, Finding of No Significant Impact, or Categorical Exclusion, as appropriate) is complete, RCP grant funds may be used to acquire property. However, early acquisition of ROW may be allowable if consistent with 23 U.S.C. 108 and 23 CFR 710.501. All acquisitions of ROW must also comply with 49 CFR part 24 (regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Act).
Yes, grantees will be required to submit regular Performance Progress Reports (SF-PPR) and Federal Financial Reports (SF-425). RCP Program recipients must also submit annual reports that address both project administration and the overall benefits delivered to the project area that were articulated in the applicants’ grant proposal and agreed upon with DOT in the grant agreement prior to the obligation of the award. For more information on reporting, please see the NOFO.
The RCP Program provides DOT up to $30 million, cumulatively for FY 2022 – FY 2026, to provide technical assistance and capacity building support for RCP applicants and grant recipients that complements existing DOT technical assistance offerings.
There is no separate application to receive DOT technical assistance or technical assistance specific to the RCP Program.
Recipients of FY 2022 Planning Grants and Capital Construction Grants will have access to RCP technical assistance based on the availability of DOT resources. DOT will prioritize technical assistance for recipients serving economically disadvantaged communities. Overall, the goals of RCP technical assistance are to build organizational and community capacity to engage in transportation planning and support communities in identifying innovative solutions to infrastructure challenges as part of the Federal program.
For prospective applicants who are not ready to apply for, or applicants who were not awarded an RCP Planning or Capital Construction Grant, DOT intends to provide technical assistance through learning academies starting in 2023.
A new DOT Navigator will consolidate a wide range of existing DOT resources. Complementary RCP technical assistance will be coordinated through DOT’s new Thriving Communities Program, in partnership with the U.S. Department of Housing and Urban Development (HUD).
Grant applicants can indicate their interest in technical assistance on the Key Information Table and it will be provided based on the availability of resources.
Further information about the availability of technical assistance resources and a solicitation for capacity builder(s) will be published in the future.
Timelines
Applications for FY 2022 must be submitted by 11:59 PM EDT on Thursday, October 13, 2022. Late applications will not be accepted. There will be another application deadline announced next year for FY 2023.
This will depend in part on the number of applications received. Awards will likely be announced in early in 2023. Funding would be distributed subsequently.
RCP Program grant funds are available until expended. However, to ensure that projects are started and completed in an efficient manner, DOT encourages all projects awarded with FY 2022 RCP Program grant funds to be obligated by the same date of September 30, 2025. DOT may prioritize projects for selection that are most likely to achieve this timeline and choose from which source to award funds to recipients, as applicable.
Pre-Requisites
Planning Grant applicants do not need to submit NEPA approval or Benefit Cost Analysis.
Capital Construction Grant applicants are required to provide information on NEPA class of action and status as part of project readiness. Applicants should also include the results of a Benefit Cost Analysis.
Capital Construction Grant applicants must be included in the applicable Metropolitan Transportation Improvement Program (TIP) and/or Statewide Transportation Improvement Program (STIP), Tribal Transportation Improvement Program (TTIP) or equivalent as applicable by the time of obligation of the award. Transit projects must be included in the investment prioritization of the relevant Transit Asset Management (TAM) Plan by the time of the obligation of the award.
To find the Metropolitan Planning Organization (MPO) with jurisdiction for your community, consult this MPO Database - https://www.planning.dot.gov/mpo/
To understand if your area is located within an MPO boundary, FHWA maintains a map of MPO boundaries. https://hepgis.fhwa.dot.gov/fhwagis/
If you are located outside of the jurisdiction of an MPO, please contact your State Department of Transportation.
To learn more, please see: The Transportation Planning Process Briefing Book: Key Issues for Transportation Decisionmakers, Officials, and Staff. https://www.fhwa.dot.gov/planning/publications/briefing_book/fhwahep18015.pdf
MPOs and States are not required to include RCP Planning Grants in the STIP/TIP. MPOs are required to document RCP Planning Grant activities in the Unified Planning Work Program or a simplified statement of work and States are required to document RCP Planning Grant activities in the State Planning & Research work program prior to obligation of the award in accordance with 23 CFR 450.308 and 23 CFR part 420.
Yes, RCP program funds may be used for activities that support environmental review / NEPA compliance, for example: community engagement, impact assessment (human and natural environment), engineering, and mitigation. See Section C - Eligibility Information. For Capital Construction applications, the Environmental Risk element of the Project Readiness evaluation assesses the status of a project’s environmental approvals and the likelihood of outstanding, necessary approvals affecting the timeline for the obligation of the award. See NOFO Section E.1.ii - Project Readiness. See also RCP Capital Construction pre-requisite FAQ and NOFO Key Information table on page 11.
Eligible projects for the Capital Construction Grant include those for which all necessary feasibility studies and other planning activities have been completed. Eligible Capital Construction Grant activities include preconstruction and permitting activities including the completion of the NEPA process; the removal retrofit, or mitigation of an eligible facility with a new facility that restores community connectivity; and costs of community benefits and mitigation of impacts identified in the NEPA or other planning process for the capital construction project.
Please consult the Census Bureau's video about the Census Reporter tool - https://www.youtube.com/watch?v=Goomfqw7jIU to learn about "How to Conduct an 'Address Search' to Access Data for your Location" to find data about your location and to identify geographic code identifiers for your facility location and project area.
Yes, if the existing project is eligible for the RCP program, it could qualify to receive an RCP planning or capital construction grant. Note that expenses accrued prior to the obligation of the award would not be reimbursable, and project sponsors should ensure that budgeted total project expenditures are compliant with Federal requirements. For example: construction activity and related expenses incurred prior to the completion of a NEPA determination could make the project ineligible for RCP funding.
What is required for a project funded locally to date to be eligible to receive RCP funds?
For existing projects that have not yet started construction, have been funded locally up to this point, and for which the RCP award would represent the first DOT funding stream, there are likely to be supplemental analyses needed for Federal approvals. For example, the project would need to satisfy Federal NEPA requirements. Applicants may utilize existing information compiled for any State level analysis to date to support the Federally-required NEPA document. Other types of analyses may be required, such as those related to Federal requirements under provisions such as, among others: the National Historic Preservation Act, DOT's "Section 4(f)" safeguards for park and recreation lands, and wildlife and waterfowl refuge protection laws; Executive Order 12898 on Environmental Justice; and the Clean Air Act project conformity requirements. In order for a Capital Construction award to receive funds, the project must be included in the STIP/TIP by the time the project award is obligated. Please see related FAQ on this pre-requisite for Capital Construction. Please see the RCPP NOFO for more details on general Federal requirements.
Application Materials
No. Any letters of support submitted must be included in the Grants.gov application as supporting documentation. Application materials received outside the Grants.gov process as required in the Notice of Funding Opportunity will not be included or considered in an application.
This varies by State, please contact your State representative: https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf
Faith Hall, Grant Lead for the Reconnecting Communities Pilot Program, for the FY 22 Notice of Funding Opportunity.
All RCP Program grant applications must submit the following: Standard Forms; Key Information; Narrative; and Budget. Applicants for a Capital Construction grant must submit narrative information about Environmental Risk, as well as a benefit cost analysis. More information is included in the NOFO.
Supplemental material beyond the application narrative page limit may be included as an appendix or linked. For example, this could be done to substantiate partnerships, prior studies, civil rights compliance, for the Capital Construction pre-requisite, and for Project Readiness materials related to Environmental Risk and Benefit Cost Analysis. Evaluators will prioritize the review of this material to substantiate information in the application narrative. Providing additional information beyond what the NOFO requires is optional and may not be reviewed.
If supporting materials such as letters of support are submitted, you should clearly identify the relevance of each supporting document (e.g., commitment of match funds, memoranda of understanding with partners or joint applicants, project readiness documentation that provides evidence in support of a Capital Construction Grant application, etc.).
No Congressional letters of support are requested.
**NEW** Eligible Activities
RCP Planning Grants may fund planning activities related to non-transportation community amenities and benefits so long as they are directly connected to assessing the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility, engaging the public on such issues, or if DOT determines that they are required in advance to design a project to remove, retrofit, or mitigate an existing eligible facility. The RCP NOFO, at section C.3.i, identified some of these potential planning activities:
“Associated needs such as locally-driven land use and zoning reform, transit-oriented development, housing supply, in particular location-efficient affordable housing, managing gentrification and neighborhood change, proposed project impact mitigation, green and open space, local history and culture, access and mobility barriers, jobs and workforce, or other necessary planning activities as put forth by the applicant that do not result in construction.”
RCP Capital Construction Grants and matching funds are treated as Title 23 funds, with some flexibility to fund the construction of non-transportation community amenities and benefits only if they (i) demonstrate a clear and direct connection to a transportation project, and (ii) are necessary to carry out such project to remove, retrofit, or mitigate an existing eligible facility in order to restore community connectivity, and under the following constraints:
- Broadband: The installation of broadband may be an eligible expenditure only if the broadband is within the highway ROW and the technology is used to meet a transportation-related purpose, such as connecting traffic control devices to an operations facility. See - https://www.fhwa.dot.gov/policy/otps/workplan.cfm#use
- Utilities (I.e., lines for communications, power, water, etc.): Only the costs of preliminary engineering and allied services for utilities, the acquisition of replacement right-of-way for utilities, and the physical construction work associated with utility relocations. Utility relocation costs are eligible only if State law allows for State funds to be used for those costs. See - https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-645
- Parks and Landscaping: Non-transportation elements of parks such as plants, trees, roadside development, and landscaping are eligible for RCP funds if they are in the right of way or on adjoining scenic lands.
- 23 USC 319 - Landscaping and Scenic Enhancement, See - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section319&num=0&edition=prelim,
- 23 CFR Part 752 - Landscape and Roadside Development, See - https://www.ecfr.gov/current/title-23/chapter-I/subchapter-H/part-752
- Public Facilities: RCP may fund publicly owned and controlled rest and recreation areas, and sanitary and other facilities reasonably necessary to accommodate the traveling public.
- 23 USC 319 - Landscaping and Scenic Enhancement, See - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section319&num=0&edition=prelim,
- 23 CFR Part 752 - Landscape and Roadside Development, See - https://www.ecfr.gov/current/title-23/chapter-I/subchapter-H/part-752
- Community Land Trust: Whether the costs of acquiring or transferring land to a land trust are allowable would be a fact-specific determination based on the relationship of the trust to the RCP project. See also FAQ: Can the acquisition of land for a Community Land Trust be funded with an RCP Capital Construction Grant?
Non-transportation community amenities or benefits outside the scenarios outlined in the above guidance, such as affordable housing, are generally not eligible for RCP funding except when the Federal Highway Administration determines they are necessary under NEPA to mitigate adverse impacts, including cumulative impacts related to the direct and indirect impacts resulting from the RCP transportation project. While these non-transportation community amenities and benefits could be eligible in such circumstances, that determination would depend on the project-specific outcome of the NEPA process. These mitigation commitments must have a nexus to and be commensurate with the project’s impacts and represent a reasonable public expenditure, consistent with 23 C.F.R. 771.105(e).
The costs of running a community advisory board for an RCP project (see BIL, Section 11509(d)(7)) are eligible expenses if they are necessary, reasonable, and allocable to the following functions: (1) facilitation of community engagement with respect to the RCP project and (2) tracking progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under such project.
The Community Advisory Board must be composed of representatives of the community, owners of businesses that serve the community, labor organizations that represent workers that serve the community, and State and local government.
Section 11509 of the BIL, which authorizes the RCP Program, provides that funds may be used to mitigate an eligible facility, but the statute does not define “mitigate.” In this context, mitigation of the eligible transportation facility refers to mitigation of the present-day barrier presented by the facility due to design factors. There must be a clear tie between the present barrier created by the eligible transportation facility and the mitigation measure. Examples of mitigation of the eligible facility could include: noise barriers; safety improvements; technology, infrastructure, and activities to reduce emissions and pollution; lighting; stormwater management; infrastructure and natural features to reduce or mitigate urban heat island hot spots in the facility right-of-way; and facility modifications.
Further, the term “mitigate” is used in a second, different context. RCP may fund measures to mitigate adverse impacts identified through the NEPA process for the capital construction project. RCP capital construction funds and matching funds are treated as Title 23 funds and their eligibility, particularly as reimbursements for activities and mitigation commitments that may arise in a NEPA review, will be evaluated on a case-by-case basis. These mitigation commitments must have a nexus to and be commensurate with the project’s impact and represent a reasonable public expenditure, consistent with 23 C.F.R. 771.105(e).
Whether the costs of a land trust are allowable would be a fact-specific determination based on the relationship of the trust to the RCP project. Non-transportation community amenities or benefits outside the scenarios outlined in FAQ “Can a RCP grant fund planning for, or implementation or construction of, non-transportation community amenities and benefits such as affordable housing, community land trusts, parks and park amenities, or buildings?” are generally not eligible for RCP funding except when the Federal Highway Administration determines they are necessary under NEPA to mitigate adverse impacts, including cumulative impacts related to the direct and indirect impacts resulting from the RCP transportation project. While these non-transportation community amenities and benefits could be eligible in such circumstances, that determination would depend on the project-specific outcome of the NEPA process. These mitigation commitments must have a nexus to and be commensurate with the project’s adverse impacts and represent a reasonable public expenditure, consistent with 23 C.F.R. 771.105(e).
Certain RCP Projects will generate surplus land in the transportation right-of-way that can be leased or sold by the right-of-way owner. FHWA may approve that sale at less than the fair market value if there is an overall public interest based on social, environmental, or economic benefits, or if the sale is for non-proprietary governmental use. See 23 CFR 710.403(e)(1). In that way, an RCP Capital Construction Grant may facilitate the transfer of land in the transportation right-of-way to a Community Land Trust for a cost lower than the fair market value. Exceptions to the requirement for charging fair market value must be submitted to FHWA in writing. See 23 CFR 710.403(e). The Federal share of net income from the use or disposal of real property interests obtained with title 23 funds shall be used by the grantee for activities eligible for funding under title 23. See 23 CFR 710.403(f). See more here: https://www.ecfr.gov/current/title-23/chapter-I/subchapter-H/part-710/subpart-D/section-710.403#p-710.403(a)
Under 2 CFR 200.317 and 1201.317, if the recipient of the RCP grant is a state, then the recipient must follow the same policies and procedures it uses for procurements from its non-Federal funds, and the answer to this question is dependent on those policies and procedures.
If the recipient is not a state, the answer is yes, the same firm may be hired if necessary competition requirements are satisfied. Per CFR 200.319, all procurement transactions must be conducted in a manner that provides full and open competition, eliminates unfair competitive advantage, and ensures objective contractor performance. Project sponsors must avoid creating situations that would unfairly favor the firm that helped develop the RCP application or preclude other firms from competing. Additionally, the contractor that the project sponsor hires to draft its solicitation for proposals for the construction project design and engineering work must be excluded from competing for that procurement.
RCP funds are subject to the requirements of 23 CFR 172, including the restrictions at 172.7(a) for the procurement of engineering and design-related services through: competitive negotiation (qualifications-based selection) procurement, small purchases procurement for small dollar value contracts, and noncompetitive procurement where specific conditions exist allowing solicitation and negotiation to take place with a single consultant.