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The US Department of Transportation has extended the pre-application deadline for the $600 million National Infrastructure Investments grants program, also known as TIGER II discretionary grants, from July 16 to July 26, 2010.

Information about the TIGER II grants is posted at: http://www.dot.gov/recovery/ost/tigerii/index.html.

More information about the extension is published in the June 30th Federal Register under Transportation Department, Funding Availability: http://www.access.gpo.gov/su_docs/fedreg/a100630c.html.

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The U.S. Departments of Transportation (DOT) and Housing and Urban Development (HUD) announced they will award up to $75 million in funding – $35 million in TIGER (Transportation Investment Generating Economic Recovery) II Planning Grants and $40 million in Sustainable Community Challenge Grants for localized planning activities that lead to projects that integrate transportation, housing and economic development.

TIGER II Planning Grants may be used to plan, prepare or design surface transportation projects that would be eligible for funding under the TIGER II Discretionary Grant program. These projects include highways, bridges, transit, railways, ports or bicycle and pedestrian facilities. For more information about TIGER II Discretionary Grant program, including how to apply, see the Federal Register Notice, Funding Availability: National Infrastructure Investments under Transportation Department, http://www.access.gpo.gov/su_docs/fedreg/a100601c.html, or the notice posted to the APWA advocacy page, www.apwa.net/advocacy.

HUD’s Sustainable Communities funding will target urban and community planning projects that foster reform and reduce barriers to achieving affordable, economically vital and sustainable communities. Such efforts may include amending or replacing local master plans, zoning codes, and building codes either on a jurisdiction-wide basis or in a specific neighborhood or sector to promote mixed-use development, affordable housing and the re-use of older buildings for new purposes with the goal of promoting sustainability at the local level.

There are a variety of projects that may include component parts that fall under both the DOT TIGER II Planning Grants and the HUD Sustainable Community Challenge Grants. Rather than have applicants proceed through two separate grant application procedures that might be on different timelines and with different requirements, the joint notice of funding availability is intended to create one point of entry to federal resources.

Examples could include the following:

• Planning activities that support the development of affordable housing near transportation through the adoption of inclusionary zoning ordinances and other activities such as acquisition of land for affordable housing projects.
• Preparing or amending local codes and ordinances that prevent the private sector from developing neighborhoods more sustainably and inclusively, with housing located near transportation and retail.
• Planning activities related to the development of a particular transportation corridor or regional transportation system that promotes mixed-use or transit-oriented development with an affordable housing component.
• Planning activities related to the development of a freight corridor that seeks to reduce conflicts with residential areas and with passenger and non-motorized traffic. In this type of project, DOT might fund the transportation planning activities along the corridor, and HUD might fund changes in the zoning code to support appropriate siting of freight facilities and route the freight traffic around town centers, residential areas and schools.
• Developing expanded public transportation options, including accessible public transportation and para-transit services for individuals with disabilities, to allow individuals to live in diverse, high opportunity communities and to commute to areas with employment and educational opportunities.

Under the program, DOT and HUD will make joint awards, where appropriate, as well as individual TIGER II planning grants and HUD Sustainable Community Challenge Grants.

The $35 million for TIGER II planning grants come from the $600 million in TIGER II grants announced by DOT in the June 1st Federal Register. The $40 million in HUD Sustainable Community Challenge Grant funding is part of $200 million in funding approved by congress in HUD’s FY2010 budget to launch the first ever Office of Sustainable Housing and Communities.

Pre-applications are due by July 26th. Full applications are due on August 23. State and local governments, including U.S. territories, tribal governments, transit agencies, port authorities and others, are eligible to apply for funding. Only pre-applications received and applications received through Grants.gov will be deemed properly filed. Instructions for submitting pre-applications and applications are included in Section VI of the June 24th Federal Register Notice, http://www.access.gpo.gov/su_docs/fedreg/a100624c.html.

For more information contact the TIGER II Discretionary Grant program manager via email at TIGERIIGrants@dot.gov. In addition, DOT will regularly post answers to questions and requests for clarifications on DOT’s website at http://www.dot.gov/recovery/ost/TIGERII.

Questions regarding HUD’s Community Challenge Planning Grant Program should be directed to sustainablecommunities@hud.gov or may be submitted through the www.hud.gov/sustainability website.

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The House of Representatives recently passed legislation to provide an additional $521 million in highway funding, which if passed by the Senate, would increase allocations for 37 states. The “hold harmless” funding is included as highway formula funds in the tax-extenders bill, HR 4213 - the American Jobs & Closing Tax Loopholes Act, to ensure no state loses highway funding as a result of a provision in the bill that amends the distribution formula for two highway categories, as required by the Hiring Incentives to Restore Employment (HIRE) Act, enacted in March. States that did not receive money from the two programs under the HIRE Act would receive additional funding. In addition, the bill includes an extension of the Build America Bonds, created by the American Recovery & Reinvestment Act of 2009, which subsidizes interest costs for bonds paid by state/local governments to finance infrastructure projects.

House Transportation & Infrastructure Committee Chairman James Oberstar, D- Minnesota, has been working for months to amend the way the HIRE Act distributes nearly $1 billion in funding for SAFETEA-LU’s Projects of National and Regional Significance and National Corridor Infrastructure Improvement Programs. This act mandates the distribution of the two programs’ Fiscal Year 2010 funding to 29 states that received discretionary funds under “SAFETEA-LU.”

The provisions in HR 4213 revise the distribution of funding so that every state receives a share of funds available under the programs. In addition, Oberstar said the highway funding provided in HR 4213 will provide thousands of jobs across the states in the construction sector.

The act also includes expansion of the Build America Bonds for two years, through 2012. The bonds extension is expected to cost the federal government $4 billion in interest subsidies over ten years.

The Senate is expected to consider the bill the week of June 7th.

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Following an April 26th interim notice, the US Department of Transportation (DOT) on June 1st issued a final notice of funding availability for the $600 million National Infrastructure Investments discretionary grant program, also known as TIGER II, and requests proposals. The Federal Register notice, (http://www.access.gpo.gov/su_docs/fedreg/a100601c.html) announces selection criteria and pre-application and application requirements.

As with the first TIGER program authorized by the 2009 Economic Recovery Act, funds for the TIGER II program are to be awarded on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area or a region.

Pre-applications must be submitted by July 16, 2010, at 5 p.m. EDT. Final applications must be submitted through Grants.gov by August 23, 2010, at 5 p.m. EDT.

The DOT pre-application system will open no later than June 23, 2010 to allow prospective applicants to submit pre-applications. Subsequently, the Grants.gov “Apply” function will open on July 30, 2010, allowing applicants to submit applications. DOT will evaluate all applications and announce the projects that have been selected to receive TIGER II Discretionary Grants no sooner than September 15, 2010.

Pre-applications must be submitted electronically to DOT and applications must be submitted electronically through Grants.gov. Only pre-applications received by DOT and applications received through Grants.gov will be deemed properly filed. Instructions for submitting pre-applications to DOT and applications through Grants.gov are included in Section VIII, Pre-Application and Application Cycle, in the June 1 Federal Register notice.

Because this is a new program, the interim notice requested comments on the proposed selection criteria and guidance for awarding TIGER II Discretionary Grants. DOT considered the comments that were submitted in accordance with the interim notice and decided to publish the June 1st notice revising some elements of the interim notice. See the Federal Register notice for details.

For more information contact the TIGER II Discretionary Grant program manager via e-mail at TIGERIIGrants@dot.gov. In addition, DOT will regularly post answers to questions and requests for clarifications on DOT's Web site at http://www.dot.gov/recovery/ost/TIGERII.

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A new report from the House Transportation and Infrastructure Committee finds that as of April 16, 2010, Federal, State and local agencies administering programs within the Committee’s jurisdiction have announced 19,121 transportation and other infrastructure projects totaling nearly 98 percent of the infrastructure funding allocated by the $787 billion American Recovery and Reinvestment Act.

The 71-page report titled, The American Recovery and Reinvestment Act of 2009 Transportation and Infrastructure Provisions Implementation Status as of April 16, 2010, states that of the $64 billion provided for transportation and infrastructure programs under the Recovery Act, the Federal, State and local agencies administering programs within the Committee's jurisdiction have announced transportation and other infrastructure projects totaling almost $63 billion. Of the $38 billion available for highway, transit, and wastewater infrastructure formula program projects, $34.4 billion, or 91 percent, has been put out to bid on 17, 472 projects as of March 31, 2010. In addition, across the nation work has already begun on 13,796 projects totaling $28.5 billion, or 75 percent.

The report also points out that during the first year of implementation, Recovery Act projects created or sustained nearly 350,000 direct, on-project jobs. Furthermore, every Recovery Act dollar available under the Clean Water program is now under contract.

The Recovery Act was signed into law February 17, 2009.

To view the entire report, please go to tinyurl.com/HTIC050510.

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The US Department of Transportation (DOT) has issued an interim notice announcing the availability of funding and is requesting proposals for the Department’s National Infrastructure Investments discretionary grant program. The notice, published in the April 26th Federal Register, announces selection criteria and pre-application and application requirements for the $600 million program. This program is also being called TIGER II because it is similar to, although not identical with, the $1.5 billion Transportation Investment Generating Economic Recovery, or TIGER Discretionary Grant program, authorized by last year’s Recovery Act.

As with the TIGER program, funds for TIGER II are to be awarded on a competitive basis for projects that will have a significant impact on the nation, a metropolitan area or a region. Through its Federal Register notice, DOT is soliciting applications for TIGER II Discretionary Grants. Because the TIGER II Discretionary Grant program is a new program, the interim notice also requests comments on the proposed selection criteria and guidance for awarding funds. DOT will take all comments into consideration and may publish a supplemental notice revising some elements of the notice.

Eligible applicants include state and local governments, transit agencies, port authorities, MPOs and other political subdivisions of state or local governments and multi-state or multi-jurisdictional groups (through one lead agency). Eligible projects include, highway or bridge projects eligible under Title 23, public transportation projects eligible under Chapter 53, Title 49, passenger and freight rail projects and port infrastructure investment.

Up to $35 million of the amount available for TIGER II Discretionary Grants may be used for TIGER II Planning Grants. TIGER II Planning Grants may be awarded, like TIGER II Discretionary Grants, to eligible applicants, and may be used for activities related to the planning, preparation or design of eligible projects, including transportation corridors or regional transportation systems. Applications for planning assistance may be made alone or as part of a TIGER II Discretionary Grant application.

DOT is particularly interested in receiving comments on its intention to conduct a multi-agency evaluation and award process with the Department of Housing and Urban Development (HUD) for DOT's TIGER II Planning Grants, and HUD's Community Challenge Planning Grants. HUD is authorized to use $40 million for “Community Challenge Planning Grants” to foster reform and reduce barriers to achieve affordable, economically vital, and sustainable communities. This multi-agency approach for planning awards would be consistent with DOT and HUD's participation in the “Partnership for Sustainable Communities” with the U.S. Environmental Protection Agency (EPA) to help gain better access to affordable housing, more transportation options, lower transportation costs and a cleaner environment.

Comments must be received by May 7, 2010. Pre-applications are due by 5 P.M. EST on July 16, 2010. Final applications are due by August 23, 2010, at 5 p.m. EST. DOT will evaluate all applications and announce the projects that have been selected to receive TIGER II Discretionary Grants no sooner than September 15, 2010.

More information is posted in the April 26th Federal Register under Transportation Department, funding availabilities, http://www.access.gpo.gov/su_docs/fedreg/a100426c.html, and by visiting the DOT website: http://www.dot.gov/recovery/ost/tigerii/.

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The Obama Administration released a $3.8 trillion Fiscal Year (FY) 2011 budget proposal to Congress February 1. The plan includes $1.415 trillion in discretionary spending and projects an FY10 deficit of 1.56 trillion. It also includes policies to achieve $1.2 trillion deficit reduction over 10 years (excluding war savings), more than $300 billion in tax cuts over 10 years and $100 billion for immediate job-creating investments in infrastructure, clean energy and small business tax cuts.

Discretionary spending is broken into two categories: security and non-security spending. Security spending would increase by 5.2 percent to $719.2 billion, while non-security spending would drop by $5 billion, or 1.1 percent to $441.3 billion.

Congress has begun hearings on the proposed budget. Following is an overview of the budget’s proposals for various public works and infrastructure programs.

Transportation

The proposed budget includes $79 billion for the US Department of Transportation (DOT) and its programs, about a $2 billion increase over the current year.

• Recommends extending the current SAFETEA-LU authorization through March 2011. SAFETEA-LU, the federal surface transportation law, expired September 30, 2009. The budget states that during this extension period the Administration will work with Congress to reform surface transportation programs and put the system on a viable financing path. A temporary extension expires February 28.
• Proposes $4 billion to create an infrastructure bank. The National Infrastructure Innovation and Finance Fund would invest in projects of regional or national significance. Established as a new operational unit within DOT, the fund would provide resources for projects through, grants, loans or a blend of both and will leverage non-federal resources, including private capital.
• Proposes establishing a new $30 million Transit Safety Program. The Administration late last year proposed legislation to establish nationwide safety standards and for federal enforcement of those standards.
• Proposes $527 million for livable communities. As part of the Partnership for Sustainable Communities’ multi-agency initiative with the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD), the funding will assist state and local governments to invest in transportation that helps advance sustainable development.
• Proposes $1 billion to sustain large-scale multi-year support for high-speed rail. The economic recovery act provided $8 billion for high speed rail.
• Proposes small increases for highway and transit funding. Highway funding would increase by about $200 million from $41.1 billion in FY10 to $41.3 billion in FY11. The funding includes $200 million for a competitive Livable Communities grant program. Transit funding would increase by about $70 million, from $10.73 billion in FY10 to $10.8 billion in FY11.
• Proposes $20 million to establish an Office of Livable Communities in the Office of the Secretary. The office would coordinate multimodal and interagency (HUD and EPA) livability efforts and lead DOT’s investment decisions that focus on livable communities.
• Proposes $1.14 billion, more than a 30 percent increase from 2010, for the Next Generation Air Transportation System, the Federal Aviation Administration’s long-term effort to improve safety, efficiency and capacity of the aviation system.

Environment

Environmental Protection Agency
The President proposed a budget of $10 billion for the Environmental Protection Agency, a three percent cut from FY 2010 enacted levels. The proposal trims the agency’s operating budget, water infrastructure loan programs and Superfund programs.

• Proposes $1.3 billion for the Superfund program to clean up contaminated sites.
• Proposes $215 million for the Brownfields program to clean up abandoned commercial and industrial sites.
• Proposes $27 million for the Healthy Communities initiative to address community water priorities, promote clean, green and healthy schools; improve air toxics monitoring in at risk communities and encourage sustainability by helping to ensure that policies and spending at the national level do not adversely affect the environment and public health or disproportionally harm disadvantaged communities.
• Proposes $43 million for efforts to address climate change and work toward a clean energy future, including implementing the greenhouse gas reporting rule; provide technical assistance to ensure that any permitting under the Clean Air Act will be manageable; perform regulatory work for the largest stationary sources of Greenhouse Gas (GHG) emissions; develop standards for mobile sources such as cars and trucks and continue research of carbon capture and sequestration technologies.
• Proposes $3.3 billion for water and wastewater infrastructure programs, down from $3.5 billion in FY 2010.
• Proposes $1.3 billion or a 14 percent increase in State Tribal Assistance Grants for clean air and water grants to states and tribes.

U.S. Army Corps of Engineers
The President’s budget proposal recommends a 10 percent cut to the Army Corps of Engineers’ budget for FY 2011. The Army Corps would receive $4.9 billion, down $5.4 billion from FY 2010.

• Proposes $2.4 billion for operating and maintaining existing projects.
• Proposes $15 million to expand a national database of federal levees.
• Proposes $10 million for a program to assess the effects of climate change on civil works projects.
• Proposes $1.7 billion for the construction budget.
• Proposes $30 million in funding for flood control and coastal emergencies.
• Proposes $193 million for agency regulatory program.

Homeland Security

The proposed budget includes $56.34 billion for the US Department of Homeland Security and its programs, which is a $1.13 billion or 2.68 percent increase.

• Proposes $2.36 billion for the National Protection and Programs Directorate, an increase of $402.7 million. The National Protection and Programs Directorate leads the protection and risk reduction for the Nation’s physical and virtual critical infrastructure and key resources from man-caused disasters, natural disasters and other catastrophic incidents.
• Proposes $10.5 billion, an increase of $48.7 million, for the Federal Emergency Management Agency.
• Proposes $1.95 billion for the Disaster Relief Fund, an increase of $0.35 billion. The Disaster Relief Fund provides a portion of the total federal response to victims in declared major disasters and emergencies.
• Proposes $4 billion for State and Local Programs, an increase of $985.3 million compared to FY 2010. These grants provide training, exercises and technical assistance to improve emergency planning, response and recovery efforts. Specific state and local grant programs received the following allocations:
o State Homeland Security Grants – $1.05 billion, an increase of $100 million.
o Regional Catastrophic Planning Grants – $35 million, an increase of $1 million.
o Emergency Management Performance Grants - $345 million, an increase of $5 million.
o Urban Area Security Initiative – $1.1 billion, an increase of $248 million.
o Transportation and Infrastructure Protection Grants – $600 million, an increase of $12 million.
o Citizen Corps, Interoperable Emergency Communications and Emergency Operations Centers did not receive and funding for FY 2011.

• Proposes $100 million for Pre-Disaster Mitigation Grants, a decrease of $135 million. Pre-Disaster Mitigation Grants provide program support and technical assistance to state, local and tribal governments to reduce the risks associated with disasters, support the national grant competition, and provide the required $500,000 per state allocation. Funds will support the development and enhancement of hazard mitigation plans and the implementation of pre-disaster mitigation projects.
• Proposes $169 million for the National Flood Insurance Fund, an increase of $23 million. The National Flood Insurance Fund provides necessary resources to operate the National Flood Insurance Program.
• Proposes $194 million for Flood Map Modernization, a decrease of $26 million. Flood Map Modernization funding will support the review and update of flood hazard data and maps to accurately reflect flood hazards and monitor the validity of published flood hazard information. This funding will support the review and update of flood hazard data and maps.

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URGENT LEGISLATIVE ALERT
Contact your Congressional Representatives today and urge them to ensure that jobs-creation legislation provides robust, direct investment for local infrastructure.

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REASON
Congressional leaders are drafting multi-billion dollar legislation aimed at creating jobs. Members of Congress need to hear from APWA members that a jobs bill must provide significant, direct investment in local infrastructure as a way to create and sustain jobs and local economies. Investment in public infrastructure projects has a proven success rate for boosting the economy and spurring job creation. Every $1 billion invested in transportation for example, generates tens of thousands of good paying jobs. A jobs-creation package that includes a robust infrastructure investment component will produce timely and effective results. It will also repair and improve our deteriorating infrastructure and thereby improve safety, efficiency and maintain our economic competitiveness.

HOW TO SEND YOUR MESSAGE
APWA’s Legislative Action Center is a simple, effective way to deliver your message to your member of Congress by the click of the mouse. A draft letter titled “Urge Robust Infrastructure Investment in Jobs-Creation Legislation” has been posted http://capwiz.com/apwa/home/.We encourage you to personalize your letter; Congress receives an overwhelming volume of communication. Personalizing your letter will mean your message will be read.

BACKGROUND
With the national unemployment rate at its highest in a generation, Congressional leaders and President Obama have made passage of a jobs bill a priority. Leaders in both the House and Senate are currently drafting proposals expected to include investments in infrastructure, tax incentives and other forms of aid. Although legislation has not yet been introduced, action could be taken by the House before Congress breaks for the holidays in a couple weeks.

If you have questions or need assistance, contact Maggie Oldham at moldham@apwa.net

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Congress cleared legislation October 29 extending SAFETEA-LU for seven weeks until December 18, when Congress is expected to recess until after the New Year. The current one-month extension, approved at the end of September, expires October 31. The President is expected to sign the bill.

Efforts in the Senate to approve a six-month extension stalled earlier this week over procedural objections. The House of Representatives approved a three month extension in September. The Senate will attempt to obtain floor time the week of November 2 to consider again a stand-alone six-month extension. The Administration, however, supports a delay of 18 months to allow more time to develop comprehensive authorization legislation.

There is no major authorization proposal currently in the Senate. A $500 billion, six-year draft proposal has been presented in the House, but is held up due to lack of provisions on how to pay for its funding levels. Drafting those provisions is in the jurisdiction of the House Ways and Means Committee, which is yet to reach consensus on revenue mechanisms.

The latest extension was included as part of a Continuing Resolution needed to maintain funding for those federal programs without an approved FY2010 Appropriations. Congress has completed four of the 12 appropriations bills.

SAFETEA-LU expired September 30. APWA is urging Congress and the Administration to take action to pass a multi-year surface transportation authorization that significantly increases investment for state and local programs.

For more information about APWA’s priorities for surface transportation authorization, visit http://reinvestintransportation.apwa.net.

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***** Action Requested: Contact your Congressional Representatives today and urge them to act immediately to repeal an $8.7 billion rescission in highway contract authority which is scheduled to take effect on September 30, 2009.

REASON
An $8.7 billion rescission will result in substantial program cuts that will have a devastating impact on state and local transportation programs. The loss of these funds will undermine the progress state and local governments have achieved creating jobs and repairing our nation’s deteriorating transportation system.

HOW TO SEND YOUR MESSAGE
APWA Legislative Action Center is a simple, effective way to deliver your message to your member of Congress by the click of the mouse. A draft letter titled “Urge Congress to Repeal $8.7 Billion Rescission of Highway Funding” has been posted at http://capwiz.com/apwa/home/. We encourage you to personalize your message; Congress receives an overwhelming volume of communication. Personalizing your message will mean it will be read.

BACKGROUND
Section 10212 of SAFETEA-LU, the federal surface transportation law, includes a provision requiring states to return $8.7 billion in unobligated federal highway funds on September 30 unless Congress takes action to repeal it. The provision was added for budgetary purposes in 2005. If it is not repealed, state and local governments will see cuts to their transportation programs at a time of unprecedented budget constraints. Both the Senate and the House need to know the impact.

If you have questions or need assistance, contact Maggie Oldham at moldham@apwa.net.

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