Frequently Asked Questions
These FAQs do not have the force and effect of law and are not meant to bind the public in any way. These FAQs are intended only to provide clarity to the public regarding existing requirements under the law or agency policies. FTA recipients and subrecipients should refer to FTA’s statutes and regulations for applicable requirements.
Answer:
It depends on the source and use of funding. Federal public transportation law does not define car sharing as a form of public transportation and funds cannot be used to operate those services. However facilities functionally related to transit may be eligible. For example, parking spaces dedicated for the use of car-sharing at local transit stops.
Answer:
Yes. As permitted by statute (49 U.S.C. 5324(d)(1)), FTA will determine the terms and conditions that apply to grants awarded under the ER Program. Accordingly, FTA requires utilization of integrity monitors for Sandy projects for recipients receiving over $100 million in funding in addition to the standard oversight program. Integrity monitoring is a project administration expense.
Answer:
The NOFA specifically provides for the use of consultants in the design and implementation of one-call centers—but such expenses are considered eligible for reimbursement only if incurred after the applicant is selected to receive a grant award. Otherwise, if an applicant wishes to use a consultant to help prepare the proposal, FTA will not pay for those services under this grant, since there is no "pre-award authority" in this discretionary program as there is with other FTA formula transit capital grants.
Eligible applicants developing grant proposals may, on the other hand, ask vendors of hardware, software, and services to voluntarily provide technical information on products and their costs as a basis for the independent cost estimates required by FTA. Note that these documents may not be used to develop specifications that arbitrarily exclude other vendors from responding to a competitive procurement for products or services that may be funded by the grant. Nor can this assistance be construed as a quid pro quo for assisting in the preparation of the grant application. Refer to FTA Circular 4220.1F, "Third Party Contracting Guidance" for details.
Answer:
No. In fact, SSO Formula Grant Program funds cannot be used to cover expenses incurred by the SSO agency prior to the effective date of their apportionment, which, in this case, is March 10, 2014.
Also, SSO Formula Grant Program funds must be used to develop and carry out a MAP-21 compliant program, not to implement minimum 49 CFR Part 659 requirements.
Further, due to the requirement for legal and financial independence, among other things, specified in 49 U.S.C. 5329(e)(3) and (4), FTA's SSO grant funds cannot be used for the direct benefit of a RTA, and an SSO agency cannot participate in FTA's SSO Formula Grant Program while receiving money from a RTA in its jurisdiction.
Answer:
No. Only additional service provided on a temporary basis in response to the storm is eligible. For example, additional temporary service on existing routes that are more heavily travelled during evacuation, a bus bridge between rail stations when a section of track is out of service for repairs, or temporary new service to and from an evacuation shelter would be eligible. Running less frequent service on an existing route for any reason is not an eligible expense. For example, operator wages on a regular bus route or rail line that is operating on increased headways due to reduced demand in the aftermath of a disaster is not eligible. Disaster-related costs associated with ramping service up or down, such as putting rolling stock into storage or returning rolling stock to service, are eligible.
Answer:
The Office of Management and Budget requires that all Hurricane Harvey, Irma, and Maria FTA ER funds be expended within 24 months of grant obligation. FTA has submitted a waiver for this requirement. If the waiver is granted, FTA will conduct an administrative amendment to remove the requirement on any grants already awarded with the 24-month expenditure requirement as a grant condition.
Answer:
Although Section 904(c) of the Disaster Relief Act requires that funds received under the Disaster Relief Act be expended within two years of obligation, OMB issued a waiver of this requirement for grants awarded under FTA’s Emergency Relief Program. In issuing this waiver, OMB stated an expectation that Federal agencies and grantees will work together to ensure that funds obligated under the Disaster Relief Act are expended in a timely manner.
Based on the complexity of projects we expect to be submitted, FTA expects to award funds for major capital projects that will take multiple years to complete. While there is not a defined timeframe in which these funds must be expended, all projects must be undertaken and completed in accordance with the project grant agreement and all identified milestones.
Answer:
FTA has received numerous inquiries regarding the 24 month timeframe. FTA is pursuing a blanket waiver from this requirement for Hurricane Sandy Emergency Relief projects. Further guidance will be provided once it is available.
Answer:
Although Section 904(c) of the Disaster Relief Act requires that funds received under the Disaster Relief Act be expended within two years of obligation, OMB issued a waiver of this requirement for grants awarded under FTA’s Emergency Relief Program. In issuing this waiver, OMB stated an expectation that Federal agencies and grantees will work together to ensure that funds obligated under the Disaster Relief Act are expended in a timely manner. Based on the complexity of projects selected, FTA expects to award funds for major capital projects that will take multiple years to complete. While there is not a defined timeframe in which these funds must be obligated and expended, all projects must be undertaken and completed in accordance with the project application and grant agreement and all identified milestones.
Answer:
Yes, but Grantees should consult regions on any special requirements for Sandy-grant budget revisions or amendments. Also, any grant modification that increases the federal funds (e.g. grant amendment) will need to comply with all Federal requirements unless the funds being added were part of the initial allocation for expenses within categories 1, 2, or 3.
Answer:
In general, the acquisition of spare parts is an eligible capital expense under FTA’s Emergency Relief program. Pursuant to the May 29, 2013 Federal Register Notice, FTA will review proposed local priority resiliency projects based on information included in the program of projects, including the resiliency justification. The acquisition of additional spare parts may be justified in cases where an extreme weather event or other emergency would accelerate the consumption of particular parts (e.g. replacement parts for modular flood barriers or pump equipment), where spare parts likely to be affected by an emergency require extended lead times, or where a higher standing inventory of a particular item has been otherwise identified as necessary as a result of Hurricane Sandy. Provisions of the DOT Common Grant Rule 49 CFR Part 18 Section 18.32 apply to the acquisition of spare parts.
Answer:
No, under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.5(d), an entity may not impose special charges, not authorized by this part, on individuals with disabilities for providing services required by this part or otherwise necessary to accommodate them. Section 37.125 requires each operator of complementary paratransit to establish an eligibility process. The details of the process are developed at the local level by transit operators and the communities they serve. As Appendix D to Section 37.125 explains, however, the process developed may not impose unreasonable administrative burdens on applicants, and may not involve “user fees” or application fees to the applicant. This section prohibits applicants from having to pay for transportation to and from an assessment, as the assessment is part of the eligibility process.
Answer:
Please coordinate with your Regional Office regarding the exact circumstances of your State. In most cases the Regional Office will be expecting a designation letter from the Governor to accompany the grant application.
Answer:
No. We appreciate that several States are still working to identify the source of their local matching funds; however, a State cannot apply for a grant under FTA's MAP-21 SSO program while, at the same time, receiving funding from the rail transit agency. However, no State or any other agency should deprive a SSOA of the funds it needs to ensure the safety of public transportation during this transition period. FTA therefore expects a clear transition plan for the SSOA to attain financial independence.
Answer:
Yes, because it would be considered an emergency operation outside the scope of your normal operations undertaken to respond to the storm.
Answer:
The 100% Federal share is only for specific emergency operations and emergency protective measures incurred between October 30- November 14, 2012 in affected areas in CT, NY, and NJ. These costs include: evacuations; rescue operations; moving rolling stock to higher ground in order to protect it from storm surges; additional bus or ferry service to replace inoperable rail service or to detour around damaged areas; returning evacuees to their homes after the hurricane; and the net project costs related to reestablishing, expanding, or relocating public transportation service before, during, or after the hurricane. Eligible costs include emergency protective measures (capital projects) intended to protect transit infrastructure from Hurricane Sandy and that were undertaken to respond to the immediate aftermath of the storm. Eligible costs incurred prior to October 30, 2012 or after November 14, 2012 are eligible for reimbursement at a 90% Federal share.
Answer:
Force account is the use of a grantee’s own labor force to carry out a capital project. Force account work may consist of design, construction, refurbishment, inspection, and construction management activities, if eligible for reimbursement under the grant. Incremental labor costs from flagging protection, service diversions, or other activities directly related to the capital grant may also be defined as force account work.Documentation can include a force account plan for the work accomplished or planned, or any other documentation that reflects that in-house labor forces were "budgeted" as of January 29th to accomplish the work.
Answer:
Transit operators are responsible for submitting and pursuing insurance claims for covered damages consistent with their policy and coverage. FTA’s allocations of ER funding are intended and designed to supplement a transit agency’s insurance coverage, and are subject to estimates of the amount of insurance proceeds an agency expects to receive, as well as the amounts eventually received under a claim. Each application for FTA ER funds requires that the applicant attach any insurance policies that may cover damage to the assets for which the applicant is requesting ER funding.
Answer:
The Section 5309 program, from which the VTCLI grant funds come, allows in-kind contributions and the market value of real property integral to the project to be counted as cash toward local share but does not allow volunteer drivers as an eligible source of local match.
From State Transit Guidance:
In-Kind and Other Soft MatchIn limited circumstances, local governments and other agencies may use in-kind and/or other contributed services as soft match for projects. Office space, staff services, contract expenses, and other local operating costs may be allowable in-kind match to certain grant funded projects . . . . . In addition, real property may also be used toward the local share of certain capital projects. (Resource Guide for Transit and Transit-Related Programs, Florida DOT, p. 17, December 2005. http://www.floridartap.org/pdfs/TransitResourceGuide.pdf (PDF))
Contact Us: VeteransTransportation@dot.gov
Answer:
Once the SSO Formula Grant is active, States must submit several types of reports, including a Federal Financial Report and Milestone Progress Report. These reports are required quarterly and should demonstrate progress toward milestones. Please see the most recent version of FTA Circular 5010.1 or contact your regional office for details.
States should note that all project expenditures, whether paid for with Federal award money or local matching funds, must comply with Federal requirements, including Buy America, civil rights, economic development, etc.