3 – Funding Programs and Eligible Project Types

The Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”) provides approximately $350 billion for federal highway programs over a five-year period (fiscal years 2022 through 2026). Most of this funding is apportioned (distributed) to States based on formulas specified in federal law. However, the Bipartisan Infrastructure Law also provides funding through a wide range of competitive grant programs.

Most federal transportation funding (FHWA and FTA) flows through formula grants. Formula grant programs allocate funding to recipients based on formulas set by Congress. DOT distributes these funds to States, federally recognized Tribal recipients, and transit agencies. The funds may be further allocated to localities at State, Tribal, or agency discretion.

Formula-Based Federal Highway Administration (FHWA)

NHPP - National Highway Performance Program

NHPP funding supports the condition and performance of the National Highway System (NHS), construction of facilities on the NHS, and progress toward targets established in States' NHS asset management plans. Recent updates aim to increase NHS resilience to sea level rise, extreme weather events, flooding and other natural disasters.

Subject to the general eligibility requirements shown above, the following activities are listed as eligible in 23 U.S.C. 119(d):

  • Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the NHS. The terms “Construction” and “Operational improvement” are defined in 23 U.S.C. 101(a).

  • Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the NHS.

  • Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the NHS.

  • Inspection and evaluation, as described in 23 U.S.C. 144, of bridges and tunnels on the NHS, and inspection and evaluation of other highway infrastructure assets on the NHS. This includes, but is not limited to, signs, retaining walls, and drainage structures.

  • Training of bridge and tunnel inspectors, as described in 23 U.S.C. 144.

  • Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches that connect road segments of the NHS. Eligible ferry approaches are described in 23 U.S.C. 129(b). Eligible ferry boats and facilities are described in 23 U.S.C. 129(c).

  • Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a federal-aid highway not on the NHS, and construction of a transit project eligible for assistance under chapter 53 of title 49, U.S.C., if:

    • the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway on the NHS;

    • the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and

    • the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access controlled highway on the NHS.

  • Bicycle transportation and pedestrian walkways in accordance with 23 U.S.C. 217. The project or activity must be associated with an NHS facility.

  • Highway safety improvements on the NHS. The term "Safety improvement project" is defined in 23 U.S.C. 101(a).

  • Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs. The project or activity must be associated with an NHS facility.

  • Development and implementation of a State asset management plan for the NHS, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management.

  • Infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment. The project or activity must be associated with an NHS facility.

  • Environmental restoration and pollution abatement in accordance with 23 U.S.C. 328. The project must be associated with an NHS facility.

  • Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with 23 U.S.C. 329. The project or activity must be associated with an NHS facility.

  • Environmental mitigation efforts related to projects funded under this section, as described in 23 U.S.C. 119(g). The project or activity must be associated with an NHS facility.

  • Construction of publicly owned intracity or intercity bus terminals servicing the NHS.

  • The following activities are made eligible by other subsections of 23 U.S.C. 119, as amended by section 1106 of the FAST Act:

  • Upon request of a State and subject to the approval of the Secretary, if Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance is approved for an NHPP-eligible project, then the State may use NHPP funds to pay the subsidy and administrative costs associated with providing federal credit assistance for the project. (23 U.S.C. 119(h)).

  • Reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge on a federal-aid highway that is not on the NHS. To use this provision, States must ensure any obligations required under 119(f), NHS Bridge Condition requirements, are satisfied. The obligation requirements are discussed in Section F of this memorandum. (23 U.S.C. 119(i))

  • A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State. In this subsection, the term “critical infrastructure” means, those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters. This eligibility is limited to facilities that are eligible under 23 U.S.C. 119(j).

The following activities were made eligible by other sections of title 23, U.S.C.:

a. Workforce development, training, and education activities under 23 U.S.C. 504(e).

b. Preferential parking for carpools associated with an NHS facility, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, as provided for in 23 U.S.C. 137(f).

The federal share is generally 80 percent.

STBGP - Surface Transportation Block Grant Program

STBG provides flexible funding that may be used by states and localities for projects to preserve and improve the conditions and performance on any federal-aid highway, bridge, and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital projects. Funds from this program are intended to be directed to projects and programs for a broad variety of highway, road, bridge and transit work.

Project eligibility includes:

  • Construction, as defined in 23 U.S.C. 101(a)(4), of the following:

    • highways, bridges, and tunnels, including designated routes of the Appalachian development highway system and local access roads under 40 U.S.C. 14501;

    • ferry boats and terminal facilities eligible under 23 U.S.C. 129(c);

    • transit capital projects eligible under chapter 53 of title 49, United States Code;

    • infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment;

    • truck parking facilities eligible under section 1401 of MAP-21 (23 U.S.C. 137 note); and

    • border infrastructure projects eligible under section 1303 of SAFETEALU (23 U.S.C. 101 note).

  • Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs. Operational improvement is defined in 23 U.S.C. 101(a)(18).

  • Environmental measures eligible under 23 U.S.C. 119(g), 328, and 329, and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).

  • Highway and transit safety infrastructure improvements and programs, including railway-highway grade crossings.

  • Fringe and corridor parking facilities and programs in accordance with 23 U.S.C. 137 and carpool projects in accordance with 23 U.S.C. 146. Carpool project is defined in 23 U.S.C. 101(a)(3).

  • Recreational trails projects eligible under 23 U.S.C. 206, pedestrian and bicycle projects in accordance with 23 U.S.C. 217 (including modifications to comply with accessibility requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the Safe Routes to School Program under section 1404 of SAFETEA-LU (23 U.S.C. 402 note).

  • Planning, design, or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.

  • Development and implementation of a state asset management plan for the National Highway System (NHS) and a performance-based management program for other public roads.

  • Protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges (including approaches to bridges and other elevated structures) and tunnels on public roads, and inspection and evaluation of bridges and tunnels and other highway assets.

  • Surface transportation planning programs, highway and transit research and development and technology transfer programs, and workforce development, training, and education under chapter 5 of title 23, United States Code.

  • Surface transportation infrastructure modifications to facilitate direct intermodal interchange, transfer, and access into and out of a port terminal.

  • Projects and strategies designed to support congestion pricing, including electronic toll collection and travel demand management strategies and programs.

  • Upon request of a State and subject to the approval of the Secretary, if Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance is approved for an STBG-eligible project, then the State may use STBG funds to pay the subsidy and administrative costs associated with providing federal credit assistance for the projects. The creation and operation by a State of an office to assist in the design, implementation, and oversight of public-private partnerships eligible to receive funding under title 23 and chapter 3 of title 49, United States Code, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements.

  • Any type of project eligible under 23 U.S.C. 133 as in effect on the day before the FAST Act was enacted. Among these are:

    • Replacement of bridges with fill material;

    • Training of bridge and tunnel inspectors;

    • Application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels;

    • Projects to accommodate other transportation modes continue to be eligible pursuant to 23 U.S.C. 142(c) if such accommodation does not adversely affect traffic safety;

  • Transit capital projects eligible for assistance under chapter 53 of title 49, United States Code, including vehicles and facilities (publicly or privately owned) that are used to provide intercity passenger bus service;

  • Approach roadways to ferry terminals to accommodate other transportation modes and to provide access into and out of the ports;

  • Transportation alternatives previously described in 23 U.S.C. 101(a)(29) and described in 23 U.S.C. 213;

  • Projects relating to intersections having disproportionately high accident rates, high levels of congestion (as evidenced by interrupted traffic flow at the intersection and a level of service rating of “F” during peak travel hours, calculated in accordance with the Highway Capacity Manual), and are located on a federal-aid Highway

  • Construction and operational improvements for any minor collector if the minor collector and the project to be carried out are in the same corridor and in proximity to an NHS route; the construction or improvements will enhance the level of service on the NHS route and improve regional traffic flow; and the construction or improvements are more cost-effective, as determined by a benefit-cost analysis, than an improvement to the NHS route;

  • Workforce development, training, and education activities discussed in 23 U.S.C. 504(e);

  • Advanced truck stop electrification systems. Truck stop electrification system is defined in 23 U.S.C. 101(a)(32);

  • Installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife;

  • Electric vehicle and natural gas vehicle infrastructure in accordance with 23 U.S.C. 137;

  • Data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management, and for similar activities related to the development and implementation of a performance-based management program for other public roads;

  • Construction of any bridge in accordance with 23 U.S.C. 144(f) that replaces any low water crossing (regardless of the length of the low water crossing); any bridge that was destroyed prior to January 1, 1965; any ferry that was in existence on January 1, 1984; or any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers. Not subject to the Location of Project requirement in 23 U.S.C. 133(c); and

  • Actions in accordance with the definition and conditions in 23 U.S.C. 144(g) to preserve or reduce the impact of a project on the historic integrity of a historic bridge if the load capacity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge. Not subject to the Location of Project requirement in 23 U.S.C. 133(c).

The federal share is generally 80 percent.

NHPP & STBGP - Statewide Capital Projects

NYSDOT reserves a portion of expected National Highway Performance Program (NHPP) funds and Surface Transportation Program (STP) Off‐System Bridge funds from each MPO for statewide distribution on a statewide competitive basis. Statewide competition for these funds offers an opportunity to increase regional funding and to advance new projects considered critical to renew and strategically enhance the state’s overall transportation system. Larger, strategic, beyond preservation projects which may be beyond the funding limitations of current planning targets would be eligible for this program.

Projects receiving Statewide Capital Funding awards will be added to the TIP following a public review and comment period via amendment in accordance to the established TIP Change Guidelines (5/17/21).

HSIP - Highway Safety Improvement Program

The HSIP is used to fund highway safety improvements. It provides funds to reduce traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal lands. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads that focuses on performance.

Eligible projects include:

  • Any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail

  • As provided in subsection 23 U.S.C. 148(g)(special rules for High-Risk Rural Road Safety and Older Drivers)

  • Any project to maintain minimum levels of retro-reflectivity with respect to a public road without regard to whether the project is included in an applicable State strategic highway safety plan. Terms, including “highway safety improvement project” are defined in 23 U.S.C. 148.

  • Installation of vehicle-to-infrastructure communication equipment.

  • Pedestrian hybrid beacons.

  • Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.

  • Other physical infrastructure projects not specifically enumerated in the list of eligible projects.

Federal share is 90 percent, subject to the sliding scale adjustment. Certain safety improvements are eligible for 100 percent federal funding under 23 U.S.C. 120(c).

CMAQ - Congestion Mitigation and Air Quality Improvement Program

CMAQ provides a flexible funding source to state and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act. Funding is available to reduce congestion and improve air quality for areas that do not meet the National Ambient Air Quality Standards for ozone, carbon monoxide, or particulate matter (nonattainment areas), and for former nonattainment areas that are now in compliance (maintenance areas).

Generally, projects eligible under the CMAQ program prior to enactment of MAP-21 remain eligible with the new authorization. All CMAQ projects must demonstrate the three primary elements of eligibility: transportation identity, emissions reduction, and location in or benefitting a nonattainment or maintenance area. While project eligibilities are continued, there is some modification with new language placing considerable emphasis on select project types including electric and natural gas vehicle infrastructure and diesel retrofits. As in past authorizations of the program, projects must be included in a Metropolitan Planning Organization (MPO) transportation plan and transportation improvement program (TIP), or the current Statewide TIP in areas that are not part of an MPO. The MPO plans and programs must also have a transportation conformity determination in place, where applicable. In addition, CMAQ investments must comply with the appropriate federal cost principles, such as 2 CFR 225, the guidelines for State, local, and tribal governments.

Eligible Activities Include:

  1. Acquisition of diesel retrofits, including tailpipe emissions control devices, and the provision of diesel-related outreach activities.

  2. Intermodal equipment and facility projects that target diesel freight emissions through direct exhaust control from vehicles or indirect emissions reductions through improvements in freight network logistics.

  3. Alternative fuel projects including participation in vehicle acquisitions, engine conversions, and refueling facilities.

  4. Establishment or operation of a traffic monitoring, management, and control facility, including the installation of advanced truck stop electrification systems.

  5. Projects that improve traffic flow, including efforts to provide signal systemization, construct HOV lanes, streamline intersections, add turning lanes, improve transportation systems management and operations that mitigate congestion and improve air quality, and implement ITS and other CMAQ-eligible projects, including efforts to improve incident and emergency response or improve mobility, such as through real time traffic, transit and multimodal traveler information.

  6. Projects or programs that shift travel demand to nonpeak hours or other transportation modes, increase vehicle occupancy rates, or otherwise reduce demand through initiatives, such as teleworking, ridesharing, pricing, and others.

  7. Transit investments, including transit vehicle acquisitions and construction of new facilities or improvements to facilities that increase transit capacity.

  8. Non-recreational bicycle transportation and pedestrian improvements that provide a reduction in single-occupant vehicle travel.

  9. Vehicle inspection and maintenance programs.

  10. See additional eligibilities provided for under the FAST Act (listed in BACKGROUND:)

The federal share for CMAQ funds is generally 80 percent, subject to the upward sliding scale adjustment for States containing public lands. Certain safety projects that include an air quality or congestion relief component, e.g. carpool/vanpool projects may have a federal share of 100 percent.

Transportation Alternatives Program (TAP)

This program provides funding for projects defined as “transportation alternatives”. This includes on- and off-road pedestrian and bicycle facilities, infrastructure projects for improving non-driver access to public transportation and enhanced mobility, community improvement activities, and environmental mitigation; recreational trail program projects; safe routes to school projects; and projects for planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.

Eligible projects include:

  • Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990.

  • Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs.

  • Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.

  • Construction of turnouts, overlooks, and viewing areas.

  • Community improvement activities, including-

  • inventory, control, or removal of outdoor advertising;

  • historic preservation and rehabilitation of historic transportation facilities;

  • vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and

  • archaeological activities relating to impacts from implementation of a transportation project eligible under title 23.

  • Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to-

  • address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(3), 119(g), 328(a), and 329 of title 23; or

  • reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.

  • The recreational trails program under section 206 of title 23 (see Recreational Trails Program).

  • The safe routes to school (SRTS) program under section 1404 of the SAFETEA-LU (see Safe Routes to School Program).

  • Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.

  • Workforce development, training, and education activities that are in accordance with 23 U.S.C. 504(e).

The federal share for TA projects is governed by 23 U.S.C. 120. The federal share generally is 80 percent, subject to the sliding scale adjustment. States may use a lower federal share on federal-aid projects as provided in 23 U.S.C. 120.

NHFP - National Highway Freight Program

The NHFP provides funding to improve the efficiency of freight movement on the National Highway Freight Network.

NHFP funds may be obligated for projects that contribute to the efficient movement of freight on the National Highway Freight Network (NHFN), and are consistent with the planning requirements of 23 U.S.C. 134 and 135. Beginning 2 years after the date of enactment of the FAST Act, a State may not obligate NHFP funds apportioned to the State unless the State has developed a State Freight Plan (SFP) in accordance with 49 U.S.C. 70202, except that the multimodal components of the SFP may be incomplete. Projects must be identified in the Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) and consistent with the Long-Range Statewide Transportation Plan and the Metropolitan Transportation Plan(s). 23 U.S.C. 167(i)(7).

Eligible projects shall contribute to the efficient movement of freight on the NHFN, and be identified in a freight investment plan included in a State Freight Plan (SFP) (required in FY 2018 and beyond). NHFP funds may be obligated for one or more of the following:

  • Development phase activities including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.

  • Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance.

  • Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems.

  • Efforts to reduce the environmental impacts of freight movement.

  • Environmental and community mitigation for freight movement.

  • Railway-highway grade separation.

  • Geometric improvements to interchanges and ramps.

  • Truck-only lanes.

  • Climbing and runaway truck lanes.

  • Adding or widening of shoulders.

  • Truck parking facilities eligible for funding under section 1401 of MAP-21

  • Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems.

  • Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies.

  • Traffic signal optimization, including synchronized and adaptive signals.

  • Work zone management and information systems.

  • Highway ramp metering.

  • Electronic cargo and border security technologies that improve truck freight movement.

  • Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities.

  • Additional road capacity to address highway freight bottlenecks.

  • Physical separation of passenger vehicles from commercial motor freight.

  • Enhancement of the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security, to improve the flow of freight.

  • A highway or bridge project to improve the flow of freight on the NHFN.

In addition, any surface transportation project to improve the flow of freight into and out of a freight intermodal or freight rail facility is an eligible project. 23 U.S.C. 167(i)(5)(C). In accordance with 23 U.S.C. 167 (i)(5)(B), there is a cap on the use of NHFP apportioned funding for these freight intermodal or freight rail projects: For each fiscal year, a State may obligate not more than 10 percent of the total State apportionment under NHFP for these types of projects. These projects include those within the boundaries of public or private freight rail or water facilities (including ports), and that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility.

In addition to the eligible projects identified above, a State may use apportioned funds for carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and for the necessary costs of conducting analyses and data collection related to the NHFP, developing and updating freight performance targets, and reporting to the FHWA Administrator to comply with the freight performance targets established pursuant to 23 U.S.C. 150.

The FAST Act introduces a category of project eligible for NHFP funding, known as "intelligent freight transportation systems." This is defined as "innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities in proximity to, or within, an existing right of way on a federal-aid highway, or that connect land ports-of entry to existing federal-aid highways; or communications or information processing systems that improve the efficiency, security, or safety of freight movements on the federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes." The law directs the FHWA Administrator to determine whether there is a need for establishing operating standards for intelligent freight transportation systems. 23 U.S.C. 167(k).

The federal share is generally 80 percent.

Formula-Based Federal Transit Administration (FTA)

FTA §5307 - Urbanized Area Formula Grants

The Urbanized Area Formula Funding program (49 U.S.C. 5307) makes federal resources available to urbanized areas and to governors for transit capital and operating assistance in urbanized areas and for transportation-related planning. An urbanized area is an incorporated area with a population of 50,000 or more that is designated as such by the U.S. Department of Commerce, Bureau of the Census.

Funding is made available to designated recipients that are public bodies with the legal authority to receive and dispense federal funds. Governors, responsible local officials and publicly owned operators of transit services shall designate a recipient to apply for, receive, and dispense funds for urbanized areas pursuant to 49USCA5307(a)(2). The governor or governor's designee acts as the designated recipient for urbanized areas between 50,000 and 200,000.

For urbanized areas with 200,000 in population and over, funds are apportioned and flow directly to a designated recipient selected locally to apply for and receive federal funds. For urbanized areas under 200,000 in population, the funds are apportioned to the governor of each state for distribution.

Eligible activities include: planning, engineering, design and evaluation of transit projects and other technical transportation-related studies; capital investments in bus and bus-related activities such as replacement, overhaul and rebuilding of buses, crime prevention and security equipment and construction of maintenance and passenger facilities; and capital investments in new and existing fixed guideway systems including rolling stock, overhaul and rebuilding of vehicles, track, signals, communications, and computer hardware and software. In addition, associated transit improvements and certain expenses associated with mobility management programs are eligible under the program. All preventive maintenance and some Americans with Disabilities Act complementary paratransit service costs are considered capital costs.

For urbanized areas with populations less than 200,000, operating assistance is an eligible expense. Urbanized areas of 200,000 or more may not use funds for operating assistance unless identified by FTA as eligible under the Special Rule.

The federal share is not to exceed 80 percent of the net project cost for capital expenditures. The federal share may be 90 percent for the cost of vehicle-related equipment attributable to compliance with the Americans with Disabilities Act and the Clean Air Act. The federal share may not exceed 50 percent of the net project cost of operating assistance.

FTA §5310 - Enhanced Mobility of Seniors & Individuals with Disabilities

This program (49 U.S.C. 5310) provides formula funding to states for the purpose of assisting private nonprofit groups in meeting the transportation needs of older adults and people with disabilities when the transportation service provided is unavailable, insufficient, or inappropriate to meeting these needs. Funds are apportioned based on each state’s share of the population for these two groups. Formula funds are apportioned to direct recipients; for rural and small urban areas, this is the state Department of Transportation, while in large urban areas, a designated recipient is chosen by the governor. Direct recipients have flexibility in how they select subrecipient projects for funding, but their decision process must be clearly noted in a state/program management plan. The selection process may be formula-based, competitive or discretionary, and subrecipients can include states or local government authorities, private non-profit organizations, and/or operators of public transportation.

The program aims to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options. This program supports transportation services planned, designed, and carried out to meet the special transportation needs of seniors and individuals with disabilities in all areas – large urbanized (over 200,000), small urbanized (50,000-200,000), and rural (under 50,000). Eligible projects include both “traditional” capital investment and “nontraditional” investment beyond the Americans with Disabilities Act (ADA) complementary paratransit services.

States and designated recipients are direct recipients; eligible subrecipients include private nonprofit organizations, states or local government authorities, or operators of public transportation.

Traditional Section 5310 project examples include:

  • buses and vans

  • wheelchair lifts, ramps, and securement devices

  • transit-related information technology systems, including scheduling/routing/one-call systems

  • mobility management programs

  • acquisition of transportation services under a contract, lease, or other arrangement

Nontraditional FTA §5310 project examples include:

  • travel training

  • volunteer driver programs

  • building an accessible path to a bus stop, including curb-cuts, sidewalks, accessible pedestrian signals or other accessible features

  • improving signage, or way-finding technology

  • incremental cost of providing same day service or door-to-door service

  • purchasing vehicles to support new accessible taxi, rides sharing and/or vanpooling programs

  • mobility management programs

Note: Under MAP-21, the program was modified to include projects eligible under the former Section 5317 New Freedom program, described as capital and operating expenses for new public transportation services and alternatives beyond those required by the ADA, designed to assist individuals with disabilities and seniors.

The federal share of eligible capital costs may not exceed 80 percent, and 50 percent for operating assistance. The 10 percent that is eligible to fund program administrative costs including administration, planning, and technical assistance may be funded at 100 percent federal share.

FTA §5337 - State of Good Repair Grants

The State of Good Repair Grants Program provides capital assistance for maintenance, replacement, and rehabilitation projects of high-intensity fixed guideway and bus systems to help transit agencies maintain assets in a state of good repair. Additionally, SGR grants are eligible for developing and implementing Transit Asset Management plans.

Eligible recipients are state and local government authorities in urbanized areas (UZA) with fixed guideway and high intensity motorbus systems in revenue service for at least

seven years.

FTA §5337 funds are available for capital projects that maintain a fixed guideway or a high intensity motorbus system in a state of good repair, including projects to replace and rehabilitate:

  • Rolling stock

  • Track

  • Line equipment and structures

  • Signals and communications

  • Power equipment and substations

  • Passenger stations and terminals

  • Security equipment and systems

  • Maintenance facilities and equipment

  • Operational support equipment, including computer hardware and software; as well as implement transit asset management plans.

The federal share of eligible capital costs is 80 percent of the net capital project cost, unless the grant recipient requests a lower percentage.

FTA §5339 – Bus and Bus Facilities Program

The Grants for Buses and Bus Facilities program makes federal resources available to States and designated recipients to replace, rehabilitate and purchase buses and related equipment and to construct bus-related facilities including technological changes or innovations to modify low or no emission vehicles or facilities. Funding is provided through formula allocations and competitive grants. A sub-program provides competitive grants for bus and bus facility projects that support low and zero-emission vehicles.

Eligible Recipients include designated recipients that operate fixed route bus service or that allocate funding to fixed route bus operators; and State or local governmental entities that operate fixed route bus service that are eligible to receive direct grants under 5307 and 5311.

An eligible recipient that receives a grant under the formula or discretionary programs may allocate amounts from the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation.

Capital projects to replace, rehabilitate and purchase buses, vans, and related equipment, and to construct bus-related facilities, including technological changes or innovations to modify low or no emission vehicles or facilities.

The federal share of eligible capital costs is 80 percent of the net capital project cost.

NY State Transportation Funding Programs

State Fiscal Year (SFY) budgets (proposed 4/12/22) for GBNRTC local agency members are included in Chapter 9 for each program.

BRIDGE-NY

BRIDGE-NY is a program designed to rehabilitate and replace bridges and culverts statewide. This investment in local transportation infrastructure supports the needs of the traveling public, movement of goods and regional economic competitiveness.

The BRIDGE-NY program, administered by the New York State Department of Transportation (NYSDOT), is open to all municipal owners of bridges and culverts. Projects will be awarded through a competitive process and will support all phases of project development. Projects selected for funding under the BRIDGE NY Initiative will be evaluated based on the resiliency of the structure, including such factors as hydraulic vulnerability and structural resiliency; the significance and importance of the bridge including traffic volumes, detour considerations, number and types of businesses served and impacts on commerce; and the current bridge and culvert structural conditions.

Consolidated Local Street and Highway Improvement Program (CHIPS)

The Consolidated Local Street and Highway Improvement Program (CHIPS) was established by the NYS Legislature in 1981. The program provides state funding to municipalities to support the construction and repair of highways, bridges, highway-railroad crossings, and other facilities that are not on the State highway system. These state funds may also be used for the local match portion of federal-aid TIP projects or to supplement federal funding for projects (provide a larger local match).

The applicable rules for the CHIPS Program are contained in Section 10-c of the State Highway Law. Apportionments to municipalities are calculated annually by the New York State Department of Transportation (NYSDOT) according to formulas specified in this section of the Law.

Upon approval of the State Budget, NYSDOT determines each municipality's final CHIPS Capital apportionment for the new State fiscal year and notifies them of the available amount via the letter for the scheduled June payment and a posting to the Capital Apportionment Balances link on the CHIPS website.

In order to be eligible for CHIPS Capital reimbursement, the capital project must:

  1. Be undertaken by a municipality

  2. Be for highway-related purposes

  3. Have a service life of 10 years or more with normal maintenance or comply with the exceptions below

  4. Follow the CHIPS Guidelines

It is expected that the CHIPS program will continue throughout the FFY 2023-2027 TIP period.

PAVE-NY

PAVE-NY assists municipalities with the rehabilitation and reconstruction of local highways and roads. Funds are apportioned by NYSDOT based on the ratio of funds each municipality received under the Consolidated Local Street and Highway Improvement Program (CHIPS).

PAVE-NY is available to New York City and all cities, counties, towns and villages that report local roadway mileage to NYSDOT pursuant to the Local Highway Inventory (LHI).

Municipal project sponsors must follow locally adopted street and highway design and construction standards. The American Association of State Highway and Transportation Officials (AASHTO) standards for local streets and highways or NYSDOT highway standards may be used for the design of municipally owned roads.

Eligible project activities include the following:

  • Highway Resurfacing: Placement or replacement of a pavement course(s) to enable the existing pavement to achieve its design life and to provide additional strength or to improve serviceability while not degrading safety.

  • Highway Reconstruction: A major improvement to the existing roadway structure (including drainage and shoulders). This could include realignment, construction on new alignment, and major widening such as adding one or more lanes.

  • The following work is eligible for reimbursement if it is part of a highway resurfacing or highway reconstruction project:

    • New signs

    • New, upgraded, or coordinated traffic signals

    • Intelligent transportation systems (ITS)

    • Traffic calming installations (speed humps, etc.)

    • Guiderail (galvanized) projects

    • Removal or relocation of roadside obstacles

    • Pavement grooving

Extreme Winter Recovery (EWR)

The EWR Program provides State funds to municipalities to support the construction and repair of highways, bridges, highway-railroad crossings, and other facilities that are not on the State highway system.

Pave our Potholes (POP)

A new state funding initiative enacted in the SFY 2022-23 Budget apportions $100 million annually to assist municipalities with the rehabilitation and reconstruction of local highways and roads.

State Touring Route Program

Funds are apportioned to cities, towns, and villages based on the total number of signed touring route miles for which such municipality has capital maintenance responsibility, as determined pursuant to the most recent local highway inventory conducted by the Highway Data Services Bureau of the NYS Department of Transportation (NYSDOT).

State Dedicated Fund Program

The State Dedicated Fund (SDF) provides funds for capital projects. These are dedicated to improvements of the systems and providing funds for innovative capital projects.

State Operating Assistance (STOA)

State Operating Assistance (STOA) funding provides operating monies to transit agencies and authorities based on vehicle miles and passenger revenue service.

Discretionary Grant Programs

USDOT administers competitive discretionary grant programs through its operating administrations (OAs) and the Office of the Secretary of Transportation (OST). Each OA (e.g., Federal Highway Administration, Federal Transit Administration) solicits applications through a Notice of Funding Opportunity (NOFO) and selects projects based on program eligibility, evaluation criteria, and Departmental or program priorities.

Advanced Transportation and Congestion Management Technologies Deployment (ATCMTD) Program

The FAST Act established the ATCMTD program to make competitive grants for the development of model deployment sites for large scale installation and operation of advanced transportation technologies to improve safety, efficiency, system performance, and infrastructure return on investment. Each Fiscal Year, 2016 through FY 2020, $60 million was authorized.

Grant recipients may use funds under this program to deploy advanced transportation and congestion management technologies, including the following:

  • Advanced traveler information systems.

  • Advanced transportation management technologies.

  • Infrastructure maintenance, monitoring, and condition assessment

  • Advanced public transportation systems.

  • Transportation system performance data collection, analysis, and dissemination systems.

  • Advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications.

  • Technologies associated with autonomous vehicles and other collision avoidance technologies, including systems using cellular technology.

  • Integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems.

  • Electronic pricing and payment systems.

  • Advanced mobility and access technologies, such as dynamic ridesharing and information systems to support human services for elderly and disabled individuals [23.U.S.C. 503(c)(4)(E)].

A grant recipient may use up to 5 percent of the funds awarded each fiscal year to carry out planning and reporting requirements under the program [23 U.S.C. 503(c)(4)(L)].

Eligible applicants include:

  • State or local government or political subdivision thereof.

  • Transit agency.

  • Metropolitan planning organization (MPO) representing a population of more than 200,000.

  • Multijurisdictional group made up of the above eligible applicants with a signed agreement to implement the initiative across jurisdictional boundaries.

  • Consortium of research or academic institutions [23 U.S.C. 503(c)(4)(N)].

Federal share for each project may be up to 50 percent of the cost of the project.

Rebuilding American Infrastructure with Sustainability and Equity (RAISE)

This popular program helps communities around the country carry out projects with significant local or regional impact. RAISE discretionary grants were originally created under the American Recovery and Reinvestment Act as TIGER grants, can be used for a wide variety of projects that will have a significant local or regional impact.

Since 2009, USDOT has awarded $9.9 billion to more than 700 projects under National Infrastructure Investments for capital investments in surface transportation infrastructure over 13 rounds of competitive grants. The Bipartisan Infrastructure Law (“BIL”) authorized and appropriated authorized and appropriated $1.5 billion to be awarded by DOT for RAISE grants under the Local and Regional Project Assistance Program for FY 2022. On March 15, 2022, the FY 2022 Appropriations Act appropriated an additional $775 million for the FY 2022 RAISE Grant Program. Therefore, a total of $2.275 billion in funding is now available for the FY 2022 RAISE Grant Program.

Eligible applicants include:

  • States and the District of Columbia

  • Any territory or possession of the United States

  • A unit of local government

  • A public agency or publicly chartered authority established by one or more States

  • A special purpose district or public authority with a transportation function, including a port authority

  • A federally recognized Indian Tribe or a consortium of such Indian Tribes

  • A transit agency

  • A multi-State or multijurisdictional group of entities that are separately eligible.

Eligible projects include:

  • Planning grants related to the planning, preparation, or design of eligible surface transportation capital projects

  • Surface Transportation Capital Projects

    • Highway, bridge, or other road projects eligible under title 23, United States Code

    • Public transportation projects eligible under chapter 53 of title 49, United States Code

    • Passenger and freight rail transportation projects

    • Port infrastructure investments (including inland port infrastructure and land ports of entry)

    • The surface transportation components of an airport project eligible for assistance under part B of subtitle VII of title 49, United States Code

    • Intermodal projects

    • Projects to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species while advancing the goals of the RAISE program

    • Projects investing in surface transportation facilities that are located on Tribal land and for which title or maintenance responsibility is vested in the federal Government

    • Any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goals of the program

Federal share of project costs for which an expenditure is made under the RAISE grant program may not exceed 80 percent unless the project is located in a rural area, a historically disadvantaged community, or an area of persistent poverty.

Multimodal Projects Discretionary Grant (MPDG)

This new program combines three major discretionary grant programs into one grant opportunity to reduce the burden for state and local applicants and increases the pipeline of “shovel-worthy” projects that are now possible because of the Bipartisan Infrastructure Law. These investments will create good-paying jobs, grow the economy, reduce emissions, improve safety, make our transportation more sustainable and resilient, and expand transportation options in rural America and other underserved communities. This funding will help enable more communities to build vital infrastructure projects that also strengthen supply chains and reduce costs for American families.

  • The National Infrastructure Project Assistance (MEGA) - Funds major projects that are too large or complex for traditional funding programs. The program will provide grants on a competitive basis to support multijurisdictional or regional projects of significance that may also cut across multiple modes of transportation.

  • The Infrastructure for Rebuilding America (INFRA) - These grants advance the Administration’s priorities of rebuilding America’s infrastructure and creating jobs by funding highway, multimodal freight and rail projects that position America to win the 21st century. Projects will improve safety, generate economic benefits, reduce congestion, enhance resiliency, and hold the greatest promise to eliminate supply chain bottlenecks and improve critical freight movements.

  • The Rural Surface Transportation Grant Program (RURAL) - Support projects to improve and expand the surface transportation infrastructure in rural areas to increase connectivity, improve the safety and reliability of the movement of people and freight, and generate regional economic growth and improve quality of life.

Eligible applicants include:

Eligible projects include:

Project Size and Cost Share:

Bridge Investment Program (BIP)

Program aims to improve bridge (and culvert) conditions, safety, efficiency, and reliability.

Eligible applicants include:

  • States

  • MPOs (w/ pop. >200K)

  • Local government

  • Special purpose district or public authority with a transportation function

  • Federal land management agency

  • Tribal government

Eligible projects include:

  • Replace, rehabilitate, preserve or protect one or more bridges on the National Bridge Inventory (NBI)

  • Replace or rehabilitate culverts to improve flood control and improve habitat connectivity for aquatic species

Available funding is $12.5 B (FY 22-26), including $3.3 B (FY 22-26) in Contract Authority from the HTF and $9.2 B (FY 22-26) in advance appropriations from the GF.

Maximum Amount of Grant will be:

  • Up to 50% for “Large Bridge Projects”; up to 80% for other BIP projects

  • Up to 90% for off-system bridges

Reconnecting Communities Pilot Program

Supports planning, capital construction, and technical assistance to equitably and safely restore community connectivity through the removal, retrofit, mitigation, or replacement of eligible transportation infrastructure facilities that create barriers to mobility, access, or economic development.

Eligible applicants (planning grants) include:

  • States

  • Units of local government

  • Federally recognized Tribal governments

  • Metropolitan planning organizations

  • Nonprofit organizations

Eligible projects (planning grants) include:

  • Planning studies of: current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; transportation network capacity; alternative roadway designs or other uses for the right-of-way; impacts to the mobility of freight and people; impacts to the safety of the traveling public; cost; anticipated economic impacts and environmental impacts both human and natural.

  • Public engagement activities to provide the public opportunities to provide input into a plan to remove and convert an eligible facility.

  • Other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by DOT.

Eligible applicants (capital construction grants) include:

  • Facility Owner

    • The Facility Owner of the eligible facility under consideration must serve as the recipient for capital construction grants. This is likely to be a State or local government agency with jurisdiction for transportation.

    • A Facility Owner must satisfy other eligibility requirements to receive a planning grant.

  • Partnerships between the Facility Owner and the other entities listed as eligible planning grant applicants

Eligible projects (capital construction grants) include:

  • Removal, retrofit, or mitigation of an existing eligible facility.

  • Replacement of an eligible facility with a new facility that restores community connectivity and is sensitive to the context of the surrounding community.

Available funding:

Federal Share:

  • Planning Grants may not exceed 80 percent of the total cost of the project for which the grant is awarded.

  • Capital Construction Grants may not exceed 50 percent of the total cost of the project for which the grant is awarded.

Safe Streets and Roads for All (SS4A)

This program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The program supports the National Roadway Safety Strategy and the USDOT’s goal of zero deaths and serious injuries on our nation’s roadways.

Eligible applicants include:

  • Metropolitan planning organizations;

  • Counties, cities, towns, and transit agencies or other special districts that are subdivisions of a State;

  • Federally recognized Tribal governments; and

  • Multijurisdictional groups comprised of the above entities.

Eligible projects include:

  • Develop or update a comprehensive safety action plan (Action Plan).

    • Leadership commitment and goal setting

    • Planning structure with oversight of the Action Plan development, implementation, and monitoring.

    • Safety analysis of the existing conditions and historical trends

    • Engagement and collaboration with the public and relevant stakeholders

    • Equity considerations

    • Policy and process changes to identify opportunities to improve how processes prioritize transportation safety.

    • Strategy and project selections that identify a comprehensive set of projects and strategies, shaped by data, the best available evidence and noteworthy practices, as well as stakeholder input and equity considerations, that will address the safety problems described in the Action Plan.

    • Progress and transparency methods

  • Conduct planning, design, and development activities in support of an Action Plan.

    • Additional analysis

    • Expanded data collection and evaluation using integrated data

    • Testing Action Plan concepts before project and strategy implementation

    • Feasibility studies using quick-build strategies that inform permanent projects in the future (e.g., paint, plastic bollards)

    • Follow-up stakeholder engagement and collaboration

    • Targeted equity assessments

    • Progress report development

    • Complementary planning efforts such as speed management plans, accessibility and transition plans, racial and health equity plans, and lighting management plans

  • Carry out projects and strategies identified in an Action Plan

    • Applying low-cost roadway safety treatments

    • Identifying and correcting common risks

    • Transforming a roadway corridor

    • Installing pedestrian safety enhancements and closing network gaps

    • Working with community members in an identified problem area

    • Supporting the development of bikeway networks

    • Carrying out speed management strategies

    • Creating safe routes to school and public transit services

    • Promoting the adoption of innovative technologies or strategies

    • Conducting education campaigns

    • Implementing standard and novel data collection and analysis technologies

    • Deploying advanced transportation technologies

    • Combating roadway departure crashes

    • Evaluating and improving the safety of intersections

    • Improving first responder services

    • Unifying and integrating safety data

The Federal share of a SS4A grant may not exceed 80 percent of total eligible activity costs.

Consolidated Rail Infrastructure & Safety Improvements Grant Program (CRISI)

This program funds projects that improve the safety, efficiency, and reliability of intercity passenger and freight rail.

Eligible recipients include:

  • States

  • Group of States

  • Interstate Compact

  • Public agency or publicly chartered authority established by one or more States

  • Political subdivision of a State

  • Amtrak or another rail carrier that provides intercity rail passenger transportation

  • Class II railroad or Class III railroad or a holding company of a Class II or Class III railroad;

  • Any rail carrier or rail equipment manufacturer in partnership with at least one of the entities described in (1) through (5)

  • Transportation Research Board together with any entity with which it contracts in the development of rail-related research, including cooperative research programs

  • University transportation center engaged in rail-related research

  • Non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors

Eligible Projects include:

  • Deployment of railroad safety technology

  • Capital projects, as defined in section 49 U.S.C. § 24401(2) for intercity passenger rail service, except that a project under this NOFO is not required to be in a state rail plan

  • Capital projects that:

    • address congestion challenges affecting rail service

    • reduce congestion and facilitate ridership growth along heavily traveled rail corridors

    • improve short-line or regional railroad infrastructure;

  • Highway-rail grade crossing improvement projects

  • Rail line relocation and improvement projects

  • Regional rail and corridor service development plans and environmental analyses

  • Any project necessary to enhance multimodal connections or facilitate service integration between rail service and other modes

  • The development and implementation of a safety program or institute

  • Any research that the Secretary considers necessary to advance any particular aspect of rail related capital, operations, or safety improvements

  • Workforce development and training activities, coordinated to the extent practicable with the existing local training programs supported by the Department of Transportation, the Department of Labor, and the Department of Education

Strengthening Mobility and Revolutionizing Transportation (SMART)

Provides supplemental funding grants to rural, midsized, and large communities to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety.

$100,000,000 is available each year through FY2026. Each year, 40% of awards can go to large communities, 30% to midsize communities, and 30% to rural communities.

Eligible applicants include:

  • A State

  • A political subdivision of a State

  • A Tribal government

  • A public transit agency or authority

  • A public toll authority

  • A metropolitan planning organization

  • A group of 2 or more eligible entities

Eligible projects include:

  • Coordinated Automation

  • Connected Vehicles

  • Intelligent, Sensor-Based Infrastructure

  • Systems Integration

  • Commerce Delivery and Logistics

  • Leveraging Use of Innovative Aviation Technology

  • Smart Grid

  • Smart Technology Traffic Signals

All Stations Accessibility Program (FTA)

Provides federal competitive grants to assist eligible entities in financing capital projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems for people with disabilities, including those who use wheelchairs, by increasing the number of existing stations or facilities for passenger use that meet or exceed the new construction standards of Title II of the Americans with Disabilities Act of 1990.

Eligible recipients include States and local government authorities.

Eligible activities include:

  • Projects to repair, improve, modify, retrofit, or relocate infrastructure of legacy stations or facilities for passenger use, including load‐bearing members that are an essential part of the structural frame, to meet or exceed current ADA standards for buildings and facilities

  • Planning related to pursuing public transportation accessibility projects, assessments of accessibility, or assessments of planned modifications to legacy stations or facilities for passenger use

  • An eligible entity may not use a grant awarded under this program to upgrade a station or facility for passenger use that is already accessible to and usable by people with disabilities, including individuals who use wheelchairs, according to standards for new construction under Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.)

  • Eligible activities apply only to legacy stations or facilities that are currently inaccessible

Available funding:

Corridor Identification and Development Program

This program creates a new framework to facilitate the development of new, enhanced, and restored intercity passenger rail corridors throughout the country.

The Program includes:

  • A process for eligible entities to submit proposals for the development of intercity passenger rail corridors

  • A process for FRA to review and select such proposals

  • Criteria for determining the level of readiness for Federal financial assistance of intercity passenger rail corridors

  • A process for preparing service development plans (SDPs)

  • The creation of a pipeline of intercity passenger rail corridor projects

  • Planning guidance

The BIL makes funding available to carry out planning and development activities related to the program.

Activities that may be undertaken using this funding include

  • Providing funding to public entities for the development of SDPs selected under the ProgramFacilitating and providing guidance for intercity passenger rail systems planning

  • Providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models.

Full details of this program were not available at the time of publication.