Comparison of FTA Emergency Relief with Appropriated Urbanized Area Formula (Section 5307) & Rural Area Formula (Section 5311) CARES Act Funds
This guidance does not have the force and effect of law and is not meant to bind the public in any way. This document is 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.
|Section 5307/5311 ER Flexibilities||CARES Act|
January 20, 2020
All expenses must be incurred on or after January 20, 2020. For example, a contract for a capital project awarded prior to January 20, 2020 is not eligible
Expenses must be COVID-19 specific
COVID-19-related capital and operating assistance (for all recipients), above and beyond normal operations. Examples include:
All capital, operating, and planning activities normally eligible under Sections 5307 and 5311.
All expenses listed as eligible for Section 5307/5311 ER flexibilities
Including, operating assistance for all recipients.
|Eligibility of Existing Capital Projects||
Capital Projects that were previously obligated into other FTA grants can be funded by ER Fund Flexibility or CARES Act grant IF:
|Eligibility of Existing Operations or Maintenance Contracts||Operations or Maintenance contracts entered prior to January 20, 2020 are eligible regardless of whether those contracts met federal requirements. Any new contracts would need to follow all federal requirements.|
|Period of Availability||
Flexibility only applies to funds that have not passed their period of availability, including unliquidated funds in existing applications and unobligated funding from the following Federal Fiscal Years (as of FFY2020):
Note: there is no limitation on the types of activities that can be amended (i.e. capital vs. operating) to take advantage of this flexibility.
|Available until expended. No lapse date.|
|TIP/STIP||Projects are not required to be in the TIP or STIP if they do not involve substantial changes to the function, location, or capacity of the asset(s) involved|
|Department of Labor (DOL) Certification||Relevant 5307/5311 DOL requirements apply.|