Can states use this money for activities performed today, as required under 49 C.F.R. Part 659?
The focus of this grant program is to strengthen each SSO program so it can achieve the robust requirements set forth in MAP-21. Many of the activities performed today are likely part of the enhanced SSO program required under MAP-21; however, the grant application needs to demonstrate how the federal dollars will enhance existing activities, especially those activities that do not currently meet 49 U.S.C. 5329(e), and eliminate activities that may weaken the program or are expressly prohibited by MAP-21.
For example, if a state’s Certification Work Plan (CWP) identifies a gap or deficiency in the statutory requirement that the state has investigative and enforcement authority, the state should identify program activities to be taken to be meet this MAP-21 requirement. In such a case, the state may propose obtaining the necessary investigative and enforcement authority, e.g., enabling legislation, and what that authority may entail, including taking a more active role in leading independent accident investigations. The state should identify these existing or planned activities to work toward the goal set forth in the CWP. FTA will fund these enhanced activities, such as active, independent accident investigations, and the developmental activities required to achieve that level of investigative and enforcement authority. FTA will not fund activities that do not (or will not) meet the statutory requirements of MAP-21.
Other examples include, but are not limited to the activities that:
Mature their three-year reviews to contain additional audits and inspections, tests, measurements and field observations, and perhaps be directed by a sampling plan.
Implement corrective action plan tracking to include additional verification and follow-up activities.
Provide additional training and even peer exchanges.
Support the SSO program personnel in carrying out these enhanced mandates, through equipment and even vehicles purchases.
To ensure grant coverage for all activities performed in the SSO program, FTA recommends that the SSO agency describes its activities in terms of how they support the SSO program in order to meet the explicit mandates specified in 49 U.S.C. 5329(e). So long as an SSO agency is actively working toward MAP-21 implementation and making enhancements to its existing SSO program, FTA intends that those expenses will be covered through the grant program.