# NEVADA DEPARTMENT OF TRANSPORTATION > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A420b3274fe82de63 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text NEVADA DEPARTMENT OF TRANSPORTATION STATE MANAGEMENT PLAN For Sections 5311, 5310 & 5339 Assistance to Small Urbanized & Rural Area Programs Published December 2020 Contents BACKGROUND AND INTRODUCTION............................................................................................................. 1 Authorizing Federal Legislation .................................................................................................................................. 1 State Program Responsibility ....................................................................................................................................... 1 A. B. PROGRAM GOALS AND OBJECTIVES...................................................................................................... 2 A.1 Section 5310 ............................................................................................................................................................ 2 A.2 Section 5311 ............................................................................................................................................................ 2 A.3 Section 5339 ............................................................................................................................................................ 3 ROLES AND RESPONSIBILITIES .............................................................................................................. 3 B.1 Section 5310 ............................................................................................................................................................ 3 B.2 Section 5311 ............................................................................................................................................................ 4 B.3 Section 5339 ............................................................................................................................................................ 5 C. COORDINATION ........................................................................................................................................... 6 D. ELIGIBLE SUBRECIPIENTS ........................................................................................................................ 7 E. F. D.1.A Section 5310: Traditional 5310 Projects ................................................................................................. 7 D.1.B Section 5310: Eligible Subrecipients for Other Section 5310 Projects........................................ 7 D.2 Section 5311............................................................................................................................................................ 7 D.3 Section 5339 ............................................................................................................................................................ 8 ELIGIBLE SERVICES AND SERVICE AREAS ........................................................................................... 8 E.1 Section 5310 ............................................................................................................................................................ 8 E.2 Section 5311 ............................................................................................................................................................ 8 E.3 Section 5339 ............................................................................................................................................................ 9 E.4 Meal Delivery for Homebound Individuals ................................................................................................. 9 E.5 Incidental Use ......................................................................................................................................................... 9 ELIGIBLE ASSISTANCE CATEGORIES ..................................................................................................... 9 F.1Section 5310.................................................................................................................................................................. 9 F.2Section 5311............................................................................................................................................................... 10 F.2.A Section 5311 Administration Assistance......................................................................................... 10 F.2.B Section 5311 Capital projects............................................................................................................... 11 F.2.C Section 5311 Mobility Management.................................................................................................. 12 F.2.D 5311 Operating Assistance and Farebox Revenues/Fares ...................................................... 13 F.2.E Section 5311 Preventive Maintenance............................................................................................. 14 F.3 G. Section 5339 ......................................................................................................................................................... 14 LOCAL SHARE AND LOCAL FUNDING REQUIREMENTS ................................................................ 16 ii G.1 Section 5310 ......................................................................................................................................................... 16 G.2 Section 5311 ......................................................................................................................................................... 16 G.2.A Local Match Resources ........................................................................................................................... 16 G.2.B In-Kind Contributions ............................................................................................................................. 17 G.2.C Advertising Sales and Revenue ........................................................................................................... 18 G.3 H. Section 5339 ......................................................................................................................................................... 18 PROJECT SELECTION CRITERIA AND METHOD OF DISTRIBUTING FUNDS ........................... 19 H.1 Project Selection and Funding Distribution ............................................................................................. 19 H.2 Statewide Transit Program Dispute/Resolution/Appeal Process .................................................. 20 I. INTERCITY BUS TRANSPORTATION (SECTION 5311(f)) ............................................................ 21 J. ANNUAL PROGRAM OF PROJECT DEVELOPMENT AND APPROVAL PROCESS ...................... 22 J.1 Project Solicitation, Notice of Availability ...................................................................................................... 22 J.1.A Application Submission by Subrecipients .................................................................................................. 22 J.2 One-Year Grant Funding Cycle ........................................................................................................................... 23 J.3 Period of Performance ........................................................................................................................................... 23 J.4 Data Universal Numbering System (DUNS)................................................................................................... 23 J.5 Annual Grant Submission and Program of Projects (POP) ...................................................................... 23 J.6 Revisions to Program of Projects/Subrecipient Budget Revisions ...................................................... 24 J.7 Annual Calendar of Events ................................................................................................................................... 24 J.8 Sections 5310, 5311 and 5339 Public Notice Requirements .................................................................. 25 J.9 Public Hearing Requirement, if Requested .................................................................................................... 26 K. L. J.10 Minimum Public Meeting Requirements for Any Action Requiring a Public Meeting ....... 26 J.11 The FTA Certifications and Assurances ................................................................................................ 27 J.12 Pre-Agreement Verification and Pre-Award Audits ........................................................................ 27 J.13 Written Code of Conduct ............................................................................................................................ 27 FUND TRANSFERS .................................................................................................................................... 27 K.1 Section 5310 ......................................................................................................................................................... 28 K.2 Section 5311 ......................................................................................................................................................... 28 K.3 Section 5339 ......................................................................................................................................................... 28 K.4 Section 5305(e) ................................................................................................................................................... 28 STATE ADMINISTRATION AND TECHNICAL ASSISTANCE ........................................................... 28 L.1State Administration and Technical Assistance ........................................................................................... 28 L.2Planning and the Statewide Transportation Planning Public Participation Process .................... 29 L.2.A Planning Assistance ................................................................................................................................. 30 L.2.B Statewide Transportation Plan............................................................................................................ 30 iii L.2.C L.4 Statewide Transportation Improvement Plan (STIP) ................................................................ 30 Management of the FTA Grants at the Local Level and Good Standing ........................................ 31 M. STATE RTAP ............................................................................................................................................... 31 M.1 Subrecipient Training Requirements .................................................................................................... 32 N. PRIVATE SECTOR PARTICIPATION .................................................................................................... 34 O. CIVIL RIGHTS ............................................................................................................................................. 34 O.1 O.1.A P. Title VI..................................................................................................................................................................... 34 Access to Services for Persons with Limited English Proficiency (LEP) ............................. 34 O.2 EEO Plans............................................................................................................................................................... 35 O.3 Nevada’s DBE Program .................................................................................................................................... 36 O.4 Nondiscrimination Based on Sex ................................................................................................................. 37 O.5 Nondiscrimination Based on Age ................................................................................................................. 37 O.6 Nondiscrimination Based on Disability ..................................................................................................... 38 O.7 Nondiscrimination Laws, Regulations, Requirements and Guidance ............................................ 38 MAINTENANCE .......................................................................................................................................... 38 P.1 Asset Oversight and Maintenance ............................................................................................................... 38 P.2 Ridership Reporting .......................................................................................................................................... 39 P.3 Facilities ................................................................................................................................................................. 39 Q. CHARTER RULE ......................................................................................................................................... 40 R. SECTION 504 AND ADA REPORTING ................................................................................................. 40 R.1 Section 504 ........................................................................................................................................................... 40 R.2 Americans with Disabilities Act (ADA) ..................................................................................................... 41 S. NATIONAL TRANSIT DATABASE REPORTING ................................................................................ 42 T. STATE PROGRAM MANAGEMENT....................................................................................................... 42 T.1 Procurement ........................................................................................................................................................ 43 T.1.A Buy America ................................................................................................................................................ 44 T.1.B Pre-award and Post-Delivery Reviews............................................................................................. 44 T.1.C New Model Bus Testing .......................................................................................................................... 44 T.1.D Vehicle Safety Performance Standards............................................................................................. 44 T.1.E The NDOT Vehicle and Large Equipment Procurement ............................................................ 45 T.1.F Sole Source Procurement ...................................................................................................................... 46 T.1.G Small Purchases......................................................................................................................................... 46 T.1.H Subrecipients Written Procurement Selection Procedures ..................................................... 47 T.1.I Required Contract Clauses .................................................................................................................... 47 T.1.J Remedies for Breach of Contract ........................................................................................................ 47 iv T.1.K Contract Termination.............................................................................................................................. 48 T.1.L Construction ............................................................................................................................................... 48 T.1.M Architectural and Engineering Services........................................................................................... 49 T.1.N Major Capital Investment Projects..................................................................................................... 50 T.1.O Cargo Preference....................................................................................................................................... 50 T.1.P Clean Air and Clean Water Acts........................................................................................................... 50 T.2 Financial Management of Subrecipients .................................................................................................. 50 T.2.A Subrecipient Financial Management System ................................................................................. 50 T.2.B Allowable Costs ......................................................................................................................................... 52 T.2.C Unallowable costs ..................................................................................................................................... 52 T.2.D Accrual Accounting................................................................................................................................... 53 T.2.E Reimbursement of Expenses to Subrecipients.............................................................................. 53 T.2.F Invoice Payment ........................................................................................................................................ 54 T.2.G Budget revisions........................................................................................................................................ 54 T.3 Property Management ..................................................................................................................................... 55 T.3.A Title to Vehicles ......................................................................................................................................... 55 T.3.B Insurance Limits........................................................................................................................................ 55 T.3.C Satisfactory Continuing Control and Responsibility ................................................................... 55 T.4 Maintenance and Disposition........................................................................................................................ 55 T.4.A Maintenance ............................................................................................................................................... 55 T.4.B Vehicle Disposition................................................................................................................................... 56 T.4.C Vehicle Disposition from Collision or Damage or End of Useful Life.................................... 56 T.4.D Determination of Fair Market Value ................................................................................................. 56 T.4.E Passenger Vehicle Classification and Useful Life Standards .................................................... 56 T.5 State of Nevada Accounting Systems.......................................................................................................... 57 T.6 Resolution of Audit Findings ......................................................................................................................... 57 T.6.A Audit Requirements for Agencies Receiving $750,000 in federal funds (2 CFR part 200, subpart F Audit Requirements) ................................................................................................................................ 57 T.6.B Audit Findings ............................................................................................................................................ 58 T.7 Closeout of Projects/Grants........................................................................................................................... 58 T.8 Record Retention ............................................................................................................................................... 59 T.8.A T.9 Record Keeping and Required Reports ............................................................................................ 59 Subrecipient Monitoring ................................................................................................................................. 60 T.9.A Subrecipient Monitoring ........................................................................................................................ 60 T.9.B General Compliance Monitoring ......................................................................................................... 61 T.9.C Special Monitoring.................................................................................................................................... 61 v U. OTHER PROVISIONS ................................................................................................................................ 61 U.1 Labor and Section 5333(b) Warranty........................................................................................................ 61 U.2 Buy America ......................................................................................................................................................... 62 U.3 Pre-Award and Post-Delivery Reviews ..................................................................................................... 62 U.4 Prohibition of Exclusive School Transportation ................................................................................... 63 U.5 Drug and Alcohol Testing Including State Procedures for Monitoring Subrecipient Compliance ................................................................................................................................................................. 63 U.5.A The NDOT Drug and Alcohol On-Site Reviews ........................................................................................ 63 U.6 Safety and Security ............................................................................................................................................ 64 U.6.A Security ......................................................................................................................................................... 64 U.6.B Safety and Safety Management Systems (SMS)............................................................................. 65 U.7 Public Transportation Safety Certification Training Program for Federal and State Personnel .................................................................................................................................................................... 66 U.8 Protection of the Environment/Environmental Justice ..................................................................... 66 U.8.A Native American Sacred Sites ....................................................................................................................... 66 U.8.B Environmental Justice ....................................................................................................................................... 67 U.8.C Additional Environmental Requirements ................................................................................................. 67 V. U.9 Clean Air Act ......................................................................................................................................................... 67 U.10 Nevada CDL Requirements........................................................................................................................ 68 U.11 Debarment and Suspension ...................................................................................................................... 68 U.12 Davis-Bacon Act ............................................................................................................................................. 70 U.13 Restrictions on Lobbying ........................................................................................................................... 70 U.14 Trafficking in Persons ................................................................................................................................. 71 U.15 Federal “$1 Coin” Requirements ............................................................................................................. 71 U.16 Motor Carrier Safety and U.S. FMCSA Requirements ..................................................................... 71 U.17 Safe Operation of Motor Vehicles ........................................................................................................... 72 U.18 Protection of Sensitive Security and Other Sensitive Information ........................................... 72 U.19 Discovery and Invention/Patent Rights .............................................................................................. 73 TRANSIT ASSET MANAGEMENT (TAM) ............................................................................................ 73 W. STATE MANAGEMENT PLAN REVISIONS .......................................................................................... 73 vi BACKGROUND AND INTRODUCTION Authorizing Federal Legislation The Federal Transit Act, as amended, includes formula grant programs for the Sections 5310, 5311 and 5339 programs. The Federal Transit Act has been reauthorized by Congress under the Fixing America’s Surface Transportation Act (FAST Act), which was signed into law by President Barack Obama on December 4, 2015. The effective date of the legislation was October 1, 2015 and authorizes the federal transit programs for five years (federal fiscal years 2016-2020), through September 30, 2020. Title 49 U.S.C. 5310 authorizes the formula assistance program for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (Section 5310) and provides formula funding to states and designated recipients to improve mobility for seniors and individuals with disabilities. Program guidance can be found in the FTA Circular 9070.1G, https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/enhanced-mobilityseniors-and-individuals-disabilities), which was issued on July 7, 2014. The Federal Transit Act, as amended, also includes a formula grant program for rural areas known as Section 5311. The Section 5311 program (Title 49 U.S.C. 5311) provides financial assistance to states for capital, administrative and operating expenses to rural areas for local public transportation services. The FTA Section 5311 Program Guidance Circular (the FTA Circular 9040.1G, https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula- grantsrural-areas-program-guidance-and-application) was issued by the FTA on November 24, 2014. This grant program also includes the Rural Technical Assistance Program (RTAP) and the Intercity Bus Program (5311(f)). A formula grant program to assist eligible recipients in financing capital projects to replace, rehabilitate and purchase buses and related equipment and to construct bus-related facilities is included in the Federal Transit Act (USC Title 49, Chapter 53), as amended, known as Section 5339. The FTA apportions Bus Program funds for urbanized areas to the states and designated recipients, which are responsible for receiving and apportioning the FTA funds to eligible projects and applying for funds on behalf of all eligible subrecipients within the applicable urbanized area or rural areas. The FTA will apportion the funds to existing Section 5307 or new Section 5339 designated recipients for large urbanized areas and to the states for all areas under 200,000 population. It is codified at 49 U.S.C. 5339 and program guidance can be found in the FTA C 5100.1 Circular (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Final_FTA_C_5100_4-1615.pdf) which was issued on May 18, 2015. State Program Responsibility The Governor of Nevada has designated the Nevada Department of Transportation (the NDOT) as the state’s administering agency for the FTA Sections 5310, 5311 and 5339 programs. The 1 NDOT Multimodal Planning Division, Transit Office is responsible for the day-to-day program and fiscal management and oversight. This combined State Management Plan (SMP) documents the state’s objectives, policies, procedures and administrative requirements for all three federal programs, including the distribution and oversight of federal funds to assist public, Tribal, private for-profit and private nonprofit passenger transportation systems operating throughout the state, in a form that is readily accessible to the NDOT staff, the FTA, subrecipients, potential subrecipients and the public. It is reviewed on a periodic basis to ensure that any new federal regulations are reflected in the plan. It is more thoroughly revised with each federal transportation funding bill signed into law. Note: In this document, the terms grantee, subgrantee, applicant and subrecipient are used interchangeably depending upon the language and circumstances in the FTA Circulars or Master Agreement and refer to the entities applying to the NDOT for funding under one or more of the FTA programs. A. PROGRAM GOALS AND OBJECTIVES A.1 Section 5310 The NDOT’s goal for administering the Section 5310 program is to promote the availability of cost effective, efficient and coordinated passenger transportation services that meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable. Projects selected for these funds are derived from locally developed, coordinated public transit-human services transportation plans. The NDOT’s statewide plan identifies the transportation needs of individuals with disabilities, seniors and people with low incomes and provides strategies for meeting those needs. With the implementation of MAP-21, the NDOT’s annual Section 5310 allocation was reduced significantly since this legislation directed Section 5310 funds to large urbanized areas. The NDOT, however, continues to receive and administer federal funds under the Section 5310 program in the rural areas of the state and for the small urbanized areas with population between 50,000 and 200,000. With concurrence from the FTA and state’s only small urbanized area, the Carson Area Metropolitan Planning Organization (CAMPO), the NDOT has relinquished control of the small urbanized area annual apportionment to CAMPO, which is now a direct recipient of the funds. The NDOT uses its Section 5310 allocation primarily to purchase handicapped accessible paratransit vehicles classified as traditional Section 5310 projects as outlined in C 9070.1G. A.2 Section 5311 The Section 5311 program’s purpose is to support public transportation for people living in any area outside of an urbanized area, i.e., rural areas, as designated by the U.S. Bureau of the Census. However, because the program’s goal is to enhance the overall mobility of people living in rural areas, Section 5311 projects may also include transportation to or from rural areas. It is important to note that areas not within an urbanized area as of the 2010 U.S. Census, but are included within the metropolitan area planning boundary, which includes the surrounding area (expected to be 2 urbanized within twenty years and/or the air quality nonattainment boundary), are also eligible for Section 5311 funding. The NDOT’s Section 5311 program goals are to:  Enhance the access of Nevada citizens located in nonurbanized areas to health care, shopping, education, employment, public services and recreation;  Assist in the maintenance, development, improvement and the use of public transportation systems in the rural;  Encourage and facilitate the most efficient use of all federal funds used to provide passenger transportation in nonurbanized areas through the coordination of programs and services;  Assist the development and support of the intercity bus transportation;  Encourage employment-related transportation alternatives; and  Provide for the participation of private transportation providers in nonurbanized transportation to the maximum extent feasible. A.3 Section 5339 The Bus and Bus Facilities Program provides federal funding for capital bus and bus-related projects to support the continuation and expansion of public transportation services in the United States. States can, in turn, use these capital funds to supplement their Section 5307 (funding specifically for use in urbanized areas) and Section 5311 Programs. The NDOT uses its annual FTA Section 5339 funding allocation for bus and facility projects. Specifically, the NDOT exercises its discretion to use Section 5339 funds for eligible Section 5311 capital projects and to meet Transit Asset Management (TAM) Requirements (Section V). The NDOT’s goal for this program is to maximize available funding in a cost-effective manner to meet Section 5311 capital needs and maintain the statewide fleet in a state of good repair so that it can be used to provide efficient, reliable and safe service. All capital projects, regardless of funding source, are subject to the NDOT’s eligibility priorities. Additionally, the NDOT uses only Section 5339 funds for transit facility and facility renovation projects. As with the state’s small urbanized area annual apportionment of Section 5310 funds, the NDOT has relinquished control of the Section 5339 small urbanized area apportionment to CAMPO. B. ROLES AND RESPONSIBILITIES B.1 Section 5310 The Governor of Nevada, in accordance with 49 USC 5310, has designated the NDOT as the agency to receive and administer federal funds under the Section 5310 program for the rural areas of the state and for the small urbanized areas with population between 50,000 and 200,000. In Nevada, there is only one small urbanized area, the Carson Area Metropolitan Planning Organization (CAMPO). While the NDOT is the designated recipient of the Section 5310 funds, CAMPO receives and manages Section 5310 funds and conducts both the project application and selection processes independent of the NDOT. Additional information is available on the Carson City website at https://carson.org/. In the urbanized areas of Washoe and Clark Counties (Regional Transportation Commission (RTC) of Washoe County (https://www.rtcwashoe.com/) and Regional Transportation Commission (RTC) of Southern Nevada (http://www.rtcsnv.com/), respectively), the Governor has designated the 3 MPOs as the recipients of the Section 5310 funds for these areas. These agencies use their own project selection and prioritization process. For projects in these two areas, please contact the MPOs directly. For projects in the Tahoe Area, please contact the Tahoe Regional Planning Agency (TRPA) (http://www.trpa.org/). The NDOT’s role in the Section 5310 program is to:  Document the state’s procedures for utilizing the Section 5310 funds in the State Management Plan (SMP);  Notify the public regarding program availability and solicitation of applications;  Develop the Transit element of the State Transportation Improvement Program (STIP);  Develop project selection and application review processes;  Ensure compliance with federal and state requirements by all subrecipients;  Monitor project activities, fiscal management, project audits and closeouts;  Plan for future transportation needs and coordination throughout the state;  Certify that all projects are derived from a locally developed, coordinated public transit/human service transportation plan developed and approved through a process that includes participation by seniors; individuals with disabilities; representatives of public, private and nonprofit transportation and human service providers; and other members of the public;  Certify that, to the maximum extent feasible, services funded under Section 5310 are coordinated with transportation services assisted by other federal departments and agencies;  Ensure that at least 55 percent of the state’s apportionment is used for traditional Section 5310 projects carried out by the eligible subrecipients as described in the FTA Circular 9070.1G (www.transit.dot.gov/sites/fta.dot.gov/files/docs/C9070_1G_FINAL_circular_42015%281%29.pdf); and  Oversee projects and close outs. B.2 Section 5311 To the extent permitted by law, the FTA gives each state maximum discretion in designing and managing the Section 5311 program to meet its rural public transportation needs. Where possible, the FTA defers to Nevada’s development of program standards, criteria, procedures and policies to provide the state with the flexibility it needs to standardize its management of the FTA funding and related state programs to best meet the transportation needs of Nevada’s rural areas. The Governor designated the NDOT as the agency responsible for the administration of the Section 5311 program. Specifically, the NDOT’s role is to:           Document the state’s procedures in a State Management Plan (SMP); Notify eligible local entities of the availability of the program; Solicit applications; Develop the transit element of the State Transportation Improvement Program (STIP); Develop project selection criteria; Review and select projects for approval; Develop and submit an annual program of projects and grant application to the FTA; Certify eligibility of applicants and project activities; Ensure compliance with federal and state requirements by all subrecipients; Monitor local project activities; 4  Oversee project audit and closeout and fiscal management;  Plan for future transportation needs and ensure integration and coordination among diverse transportation modes and providers;  Ensure that at least 15 percent of the state’s apportionment is used for intercity bus operations and that all other requirements of the FTA Circular 9040.1G (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FTA_Circular_9040_1Gwith_i ndex_-_Final_Revised_-_vm_10-15-14%281%29.pdf) are carried out; and  File a National Transit Database (NTD) report each year for each subrecipient. The NDOT will exercise adequate oversight to ensure that only eligible activities receive federal assistance and that subrecipients meet federal requirements. In addition to other responsibilities in administering the Section 5311 program, the NDOT will:  Provide appropriate technical assistance for rural areas;  Ensure that there is a fair and equitable distribution of program funds within the state, including funds to Native American tribes;  Ensure a process whereby private transit operators are provided an opportunity to participate, including private providers of public transportation services, through service agreements with operators of public transportation services or as grantees;  Expend funds for the support of intercity bus transportation to the extent required by law; and  Provide for maximum feasible coordination of public transportation services assisted by the FTA with transportation services assisted by other federal programs. The NDOT Multimodal Planning Division’s Transit Office participates in corridor and long- range planning studies to ensure that the needs of rural transit providers are represented and needed projects are developed. In addition, the NDOT transit staff works with current subrecipients to ensure that planning and long-range needs are met. Plan development is achieved with formal participation from other state agencies, regional and local governments, local transportation entities and the public. B.3 Section 5339 The Governor of Nevada, in accordance with 49 USC 5339, has designated the NDOT as the agency to receive and administer the rural statewide federal funds under this program for capital assistance. The NDOT is also the designated recipient of Section 5339 funds for the small urbanized areas with populations between 50,000 and 200,000. In Nevada, there is only one small urbanized area, the Carson Area Metropolitan Planning Organization (CAMPO). The NDOT allows CAMPO to conduct a project application and selection process for its Section 5339 funds and to act as the direct recipient of these funds. Some of the NDOT’s responsibilities as the designated Section 5339 recipient include but are not limited to:  Documenting the state’s procedures in the State Management Plan (SMP);  Issuing a notice to the public regarding program availability and solicitation of applications;  Developing the Transit element of the State Transportation Improvement Program (STIP);  Developing project selection and application review processes;  Ensuring compliance with federal and state requirements by all subrecipients;  Monitoring project activities, fiscal management, project audits and closeouts;  Supplementing 5311 programs funds for capital projects; 5  Ensuring that funds are maximized for the development and implementation of capital projects;  Using funds to meet Transit Asset Management goals; and  Ensuring all requirements of the FTA Circular 5100.1 (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Final_FTA_C_5100_4-16-15.pdf) are carried out. C. COORDINATION This section is applicable to the Sections 5310, 5311 and 5339 programs. Coordination is key to developing strong and effective transportation networks within local communities. A comprehensive approach to planning and managing transit services will enable communities to identify how coordination would assist them in making the best use of their resources and strengthen their programs. Title 49 U.S.C. 5310, as amended by MAP-21 and continuing under the FAST Act, requires a recipient of the FTA Section 5310 funds to certify that projects selected for funding under this program are included in a locally-developed, coordinated human services transportation plan that was developed and approved through a process that included participation by seniors; individuals with disabilities; representatives of public, private, nonprofit transportation and human service providers; and other members of the public. This plan requires an extensive public participation and stakeholder consultation. Plan updates should, at a minimum, coincide with update cycles of statewide planning processes to ensure that selected projects are included in the STIP and that they receive funds in a timely manner. The NDOT’s current update (2018) has been released in 2019, with the next update projected within the next three to five years. The Nevada Coordinated Human Services Transportation Plan has been developed to include each Nevada region. Inclusion in a locally developed, coordinated public transit-human services transportation plan is required for the FTA Section 5310 program and strongly encouraged for Section 5311 program participants. The Nevada Coordinated Human Services Transportation Plan focuses on the transportation needs of seniors, individuals with disabilities and low income populations throughout rural Nevada. Complimentary plans are prepared by the Metropolitan Planning Organizations for Clark and Washoe Counties, CAMPO and TRPA. An important goal is to provide the opportunity for a diverse range of stakeholders with a common interest in human services transportation to collaborate on how best to provide transportation services for these targeted populations. Specifically, the stakeholders are called to identify service needs, gaps, barriers and to identify potential solutions for meeting transportation needs. Stakeholder outreach and participation is a key element to the development of this plan and its updates. Input is solicited from all current transit providers. Public meetings are held across the state. The NDOT expects public transit systems to participate in the local and regional planning processes for the initial as well as in the updates to the coordinated human services transportation plans by attending all local and regional meetings and providing input, expertise and support. These meetings are intended to provide opportunities for coordination and to determine the transportation priorities for the region. The NDOT requires Section 5311 and Section 5339 applicants to describe their ongoing coordination efforts in their respective applications for program funding. Failure to attend the 6 coordinated human services transportation plan meetings by these applicants may be taken into consideration in the NDOT’s funding decisions. D. ELIGIBLE SUBRECIPIENTS D.1.A Section 5310: Traditional 5310 Projects Section 5310(b) provides that, of the amounts apportioned to states and designated recipients, not less than 55 percent shall be available for traditional Section 5310 projects—those public transportation capital projects planned, designed and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, unavailable, or inappropriate. Further, the law provides that, for these projects, a recipient may allocate the funds apportioned to it to: 1. A private nonprofit organization; or 2. A state or local governmental authority that: a. Is approved by a state to coordinate services for seniors and individuals with disabilities; or b. Certifies that there are no nonprofit organizations readily available in the area to provide the service. These provisions, found at 49 U.S.C. 5310(b)(1) and (b)(2), essentially maintain the status quo for traditional Section 5310 projects. Governmental authorities eligible to apply for Section 5310 funds as “coordinators of services for seniors and individuals with disabilities” are those designated by the state to coordinate human service activities in an area. Examples of such eligible governmental authorities are a county agency on aging or a public transit provider which the state has identified as the lead agency to coordinate transportation services funded by multiple federal or state human service programs. D.1.B Section 5310: Eligible Subrecipients for Other Section 5310 Projects Eligible subrecipients for other eligible Section 5310 activities include a state or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a Section 5310 grant indirectly through a recipient. D.2 Section 5311 Eligible recipients/subrecipients or grantees include states and local governmental authorities, nonprofit organizations and public transportation or intercity bus service operators that receive the FTA grant funds indirectly through a recipient. Eligible nonprofit organizations may also serve tribal transportation needs. In the case of intercity bus projects, private for-profit operators of transit services or intercity bus services may participate in the program as third- party contractors for direct recipients, or as subrecipients. Specifically, the NDOT eligible subrecipients include:  State or local governmental authorities;  Nonprofit organizations;  Native American tribes; and 7  Private, for-profit operators of transit service may participate in the program, provided there are no other public transportation operators. The NDOT may limit subrecipient eligibility requirements to comply with state laws or to further the state’s program goals, at its discretion. D.3 Section 5339 Eligible recipients under this section are designated recipients and states that allocate funds to fixed route bus operators or state or local government agencies that operate fixed route bus service. A designated recipient that receives a grant under this section may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation, including those providing services open to a segment of the general public, as defined by age, disability, or low income. It is important to note that eligible projects are not limited to projects that support fixed route only. The complete list of eligible capital projects is included in Section F.3. The NDOT may at its discretion and in accordance with the FTA guidance limit subrecipient eligibility requirements to comply with state laws or to further the state’s program goals. E. ELIGIBLE SERVICES AND SERVICE AREAS E.1 Section 5310 The NDOT adheres to the FTA Section 5310 program circular—the FTA C 9070.1G—and does not impose any additional limitations to the program regarding eligible services and service areas. However, the NDOT does prioritize the purchase of ADA-accessible vehicles as well as project prioritization identified in the 2018 Coordinated Human Services Transportation Plan. E.2 Section 5311 The NDOT adheres to the FTA Section 5311 program circular—the FTA C 9040.1G—and does not impose any additional limitations to the program regarding eligible services and service areas. Eligible Section 5311 services include any transportation service provided by bus, shared- ride taxi, or other publicly or privately-owned conveyance that serves the public on a regular basis in primarily nonurbanized areas. Eligible projects may constitute an entire public transit system, a service or function within that service, or an individual route or route segment. Service may include transportation to and from urbanized areas. However, such services should not include both pick-up and discharge operations wholly within the urbanized area, particularly if the urbanized area is served by public transit. If Section 5311 funds are used in a joint urbanized and nonurbanized project, Section 5311 funds must be used primarily to assist the nonurbanized portion of the project. Urbanized/Nonurbanized services should be coordinated whenever possible (i.e., dropoffs/transfers from demand response providers at the urbanized fixed route stops). Services not eligible for assistance include any exclusive taxi service and service to individuals or groups which exclude use by the public. 8 E.3 Section 5339 All nonurbanized areas of the state are eligible service areas for the FTA Section 5339 capital assistance funds. The NDOT adheres to the FTA Section 5339 program circular—the FTA C 5100.1— and does not impose any additional limitations to the program regarding eligible services and/or service areas. E.4 Meal Delivery for Homebound Individuals Transit service providers receiving assistance under Section 5310 or Section 5311 may coordinate and assist in providing meal delivery service for homebound individuals on a regular basis, if the meal delivery services do not conflict with the provision of transit services or result in a reduction of service to transit passengers. The FTA expects the nutrition program to pay the operating costs attributable to meal delivery. Therefore, the FTA funding can neither be used to subsidize the costs of meal delivery, nor to purchase special vehicles or specialized equipment such as racks or heating or refrigeration units used solely for meal delivery. Meal delivery reimbursement rates should be reviewed periodically to ensure the nutrition program is paying all costs attributable to meal delivery. E.5 Incidental Use A rural transit provider may use a Section 5311 vehicle for non-passenger transportation on an occasional, incidental basis, such as package delivery, if this incidental use does not result in a reduction of service quality or availability of public transportation service. The incidental use policy, however, does not preclude the subrecipient’s use of Section 5311 assistance to support the transportation of passengers by a private provider that is not primarily engaged in passenger transportation. For example, a subrecipient may use Section 5311 funds to support a contract mail carrier that incidentally provides intercity passenger transportation, if the carrier has appropriate regulatory authority to carry passengers. In this example, Section 5311 funds may only be used to subsidize the passenger transportation services of the mail carrier. A rural transit provider may design its Section 5311-funded services to maximize use by the public who are transportation disadvantaged, which include seniors and individuals with disabilities. Coordinated human service transportation that primarily serves seniors and individuals with disabilities, but that is not restricted from carrying other members of the public, is considered to be open to the public if it is advertised as public transportation service. F. ELIGIBLE ASSISTANCE CATEGORIES F.1 Section 5310 The Section 5310 program requires that not less than 55 percent of the Section 5310 funding apportioned to states and designated recipients is used for “traditional” Section 5310 projects— those public transportation capital projects planned, designed and carried out to meet the specific needs of seniors and individuals with disabilities when public transportation is insufficient, unavailable, or inappropriate. Notably, this 55 percent is a floor, not a ceiling— recipients may use more than 55 percent of their apportionment for this type of project. 9 The NDOT is committed to meeting the 55% traditional Section 5310 project requirement as specified in the Section 5310 program circular. For these traditional projects, NDOT requires subrecipients to submit annual program measures: 1) Gaps in Service Filled: Provision of transportation options that would not otherwise be available for seniors and individuals with disabilities measured in numbers of seniors and people with disabilities afforded mobility they would not have without program support as a result of traditional Section 5310 projects implemented in the current reporting year. 2) Ridership: Actual or estimated number of rides (as measured by one-way trips) provided annually for individuals with disabilities and seniors on Section 5310–supported vehicles and services as a result of traditional Section 5310 projects implemented in the current reporting year. Further, up to 45 percent of an area’s apportionment may be used for additional public transportation projects that are considered “other” Section 5310 projects and: a. Exceed the ADA minimum requirements; b. Improve access to fixed-route service and decrease reliance by individuals with disabilities on ADA-complementary paratransit service; or c. Provide alternatives to public transportation that assist seniors and individuals with disabilities with transportation. For these “other” projects, NDOT requires subrecipients to submit annual program measures: 1) Increases or enhancements related to geographic coverage, service quality, and/or service times that impact availability of transportation services for seniors and individuals with disabilities as a result of other Section 5310 projects implemented in the current reporting year. 2) Additions or changes to physical infrastructure (e.g., transportation facilities, sidewalks, etc.), technology, and vehicles that impact availability of transportation services for seniors and individuals with disabilities as a result of other Section 5310 projects implemented in the current reporting year. 3) Actual or estimated number of rides (as measured by one-way trips) provided for seniors and individuals with disabilities as a result of other Section 5310 projects implemented in the current reporting year. The NDOT has determined that Section 5310 funds will be used for the purchase of ADA accessible vehicles. Only after these needs have been met will the NDOT, at its discretion, consider additional eligible projects as listed above and described in the 5310 program circular. F.2 Section 5311 F.2.A Section 5311 Administration Assistance Project administrative expenses are funded at 80% federal and 20% local. Eligible project administrative costs may include, but are not limited to: 10  General administrative expenses (e.g., salaries of the project director, secretary and bookkeeper including fringe benefits);  Marketing expenses;  Insurance premiums or payments to a self-insurance reserve;  Office supplies;  Facilities and equipment rental;  Standard overhead rates; and  The cost of administering drug and alcohol testing. Interest on short-term loans for operating assistance is eligible as project administration if it receives the NDOT’s prior approval in writing. Additionally, administrative costs for promoting and coordinating ridesharing are eligible project administration expenses, if the activity is part of a coordinated public transportation program (see Section C). Under the Section 5311 program, the NDOT may treat project administrative expenses incurred by a local provider as a separate cost category from either capital or operating expenses. This allows the NDOT to consider administrative expenses as “non-operating” expenses. F.2.B Section 5311 Capital projects Capital projects are funded at a ninety-five percent (95%) federal funding percentage according to the NDOT’s established sliding scale. The local share for capital assistance is five percent (5%) of the net expense. Capital expenses include the acquisition and improvement of public transit equipment and facilities needed to operate an efficient public transit system. By the FTA definition, all capital expenses include facilities or equipment with a useful life of at least one year. Eligible capital expenses may include, but are not limited to:             Buses; Vans and other paratransit vehicles; Radios and communications equipment; Passenger shelters, bus stop signs, park and ride lots and similar passenger amenities; Wheelchair lifts and restraints; Vehicle rehabilitation, re-manufacture, or overhaul; Preventive maintenance, defined as all maintenance costs; Extended warranties which do not exceed industry standards; The public transportation portion of ferry boats and terminals; Operational support such as computer hardware or software; Installation costs, vehicle procurement, testing, inspection and acceptance costs; Construction or rehabilitation of transit facilities including design, engineering and land acquisition;  Facilities to provide access for bicycles to transit facilities or equipment for transporting bicycles on transit vehicles;  Lease of equipment or facilities when lease is more cost effective than purchase. The NDOT does permit leasing of buildings under the Section 5311 program; it is considered an Administrative Expense. (Note: When leasing of equipment or facilities is treated as a capital expense, the NDOT must establish criteria for determining cost effectiveness, in accordance with the FTA Regulations, “Capital Leases,” 49 CFR Part 639);  Capital portion of costs for service-provided-under-contract. The capital cost of contracting includes depreciation and interest on facilities and equipment, as well as allowable capital costs such as preventive maintenance. (Under the capital cost of contracting, only privately- 11        owned assets are eligible. The subrecipient may not capitalize under the contract any capital assets (e.g., vehicle, equipment, or facility) that have any remaining federal interest in them, or items purchased with state or local government assistance. Similarly, subrecipients may not capitalize under the contract any costs incurred delivering services ineligible for the FTA assistance (e.g., charter or school bus service). Subrecipients may compute capital costs as a fixed percentage of the contract without further justification (Appendix G of the FTA C 9040.1G provides additional information on the capital cost of contracting); Joint development improvements which expressly include the following: (1) commercial and residential development; (2) pedestrian and bicycle access to a public transportation facility; (3) construction, renovation and improvement of intercity bus and intercity rail stations and terminals; and (4) renovation and improvement of historic transportation facilities. (49 U.S.C. 5302(a)(1)(G). These and other joint development improvements will be eligible for the FTA funding if they satisfy the eligibility criteria set forth at 49 U.S.C. 5302(a)(1)(G) and do not fall within the exclusion detailed at 49 U.S.C. 5302(a)(1)(G)(ii), which excludes the construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation. Final guidance for joint development projects was published in the federal Register on February 7, 2007 (72 FR 5788).); Introduction of new technology, through innovative and improved products, into public transportation; Mobility management, which consists of short-range planning, management activities and projects for improving coordination among public transportation and other transportation service providers, carried out by a recipient or subrecipient through an agreement entered with a person, including a governmental authority, but excludes operating expenses; Crime prevention and security (including projects to refine and develop security and emergency response plans; projects aimed at detecting chemical and biological agents in public transportation; the conduct of emergency response drills with public transportation agencies and local first response agencies; and security training for public transportation employees; but excluding all expenses related to operations, other than such expenses incurred in conducting activities described above); Transit-related Intelligent Transportation Systems (ITS); Americans with Disabilities Act of 1990 (ADA) Paratransit service operating costs (as a capital expense, may not exceed 10 percent of the state’s annual apportionment of Section 5311 funds and subrecipients may only use Section 5311 funds for this purpose when they comply with ADA requirements for both fixed route and demand-responsive service, when provided); and Replacement/spare vehicle components for program vehicles that have one or more years of useful life remaining and demonstrate a good maintenance record. F.2.C Section 5311 Mobility Management Mobility Management is an eligible capital expense under the Section 5311 Program. The FTA provides funding assistance to these projects at up to 95% of the project cost with minimum required local match percentage of 5%. Mobility Management projects consist of short-range planning and management activities and projects for improving coordination and cooperation amongst human service agencies, advocacy groups and public transportation providers. The primary goal of the program is to enhance transportation access for populations beyond those served by any one agency or organization. It is also intended to build coordination among existing public transportation providers and other transportation service providers with the result of expanding the availability of service. Mobility Management does not include operating public transportation services. 12 Typically, mobility management expenses would include salary, fringe benefits, computer(s) and software. Other expenses such as travel, office supplies, or agency overhead should be discussed with and receive prior written approval from, the NDOT. Timesheets for any salary are required as part of the reimbursement request with dedicated line items or project codes for time spent on mobility management activities. F.2.D 5311 Operating Assistance and Farebox Revenues/Fares The NDOT funds operating assistance at 59.38% federal and 40.62% local. Farebox and other operating revenue must be used to reduce the overall project operating costs eligible for federal funding. Local match must be derived from sources other than federal funds, except where permitted by specific federal program language. Local match may come from:       State or local appropriations Dedicated tax revenues Private donations Net income generated from advertising and concessions Unrestricted federal funds such as Title III-B of the Older Americans Act Service agreements with a state, local or a private human service agency Operating expenses are those costs directly related to transit system operations. At a minimum, the following items are considered operating expenses:      Fuel; Oil; Drivers’ salaries and fringe benefits; Dispatcher salaries and fringe benefits; and Licenses. Maintenance costs, including preventive maintenance, may be included as part of operating costs or may be capitalized (see Section F.2.E). Only net operating expenses are eligible for assistance. Net operating expenses are those expenses that remain after the total operating revenues are subtracted from total eligible operating expenses. Operating revenues must, at a minimum, include farebox revenues. Farebox revenues are fares paid by riders (cash fares, tickets, passes, etc.), including those fares that are reimbursed by a human service agency or other subsidy arrangement. Fares, as indicated previously, are operating revenue and, therefore, cannot be used as local match or as non-federal share for any of the FTA’s grant programs. Farebox revenue is used to determine “net project cost” for operating assistance grants only and is not considered program income for capital assistance grants (refer to the FTA Circular 5010.1E (https://www.transit.dot.gov/regulations- andguidance/fta-circulars/award-management-requirements-circular5010-1e-word-version). 13 F.2.E Section 5311 Preventive Maintenance The local share for capital assistance, including Preventive Maintenance, is five percent (5%) of the net expense. Eligible preventive maintenance costs may include:     Oil Replacement parts; Contracted maintenance; and Cost of tires and tubes. Warranty recovery should be deducted from these expenses. F.3 Section 5339 In accordance with the 5339 program circular, the NDOT considers eligible capital projects to include those to replace, rehabilitate and purchase buses and related equipment and projects to construct bus-related facilities. This includes, but is not limited to:  The acquisition of buses for fleet and service expansion;  Bus maintenance and administrative facilities;  The acquisition of vans for fleet and service expansion, including specialized vans and related facilities used to provide ADA complementary paratransit service:  Transfer facilities;  Bus malls;  Transportation centers;  Intermodal terminals;  Intercity facilities which are part of a joint development project;  Park-and-ride stations;  Acquisition of replacement vehicles;  Bus rebuilds;  Bus overhauls;  Passenger amenities such as passenger shelters and bus stop signs;  Accessory and miscellaneous equipment such as: o Mobile radio units; o Supervisory vehicles; o Fare boxes; o Computers; and o Shop and garage equipment.  Clean Fuels Projects. Purchases under this category are passenger vehicles used to provide public transportation and powered by compressed natural gas (CNG), liquefied natural gas (LNG), biodiesel fuels, batteries, alcohol-based fuels, hybrid electric, fuel cell, clean diesel (ultralow sulfur content), or other low or zero emissions technology. Eligible activities also include constructing or leasing clean fuel buses, constructing electrical recharging facilities for such buses and constructing new or improving existing public transportation facilities to accommodate clean fuel buses.  Introduction of New Technology. Section 5339 funds may be used for transit-related technology, such as innovative and improved products that provide benefits to transit, including Intelligent Transportation Systems (ITS). ITS refers to the use of electronics, communications, or information processing used as a single component or in combination to improve efficiency or safety of a transit or highway system. Examples of transit-related ITS 14     projects include: o Real-time bus arrival information available to passengers through electronic displays at bus stops; o Automatic vehicle locators; o Automated passenger counters; o Vehicle component monitoring (diagnostics); o Advanced fare payment methods o Computer-aided dispatching and real-time ridesharing; and o Automated information for travelers using more than one mode of transportation. Costs associated with environmental compliance including engineering and design activities are eligible capital expenses. This includes the preparation of environmental documents. NOTE: Planning activities, preventive maintenance activities (other than bus overhauls) and mobility management activities are not eligible under the Section 5339 Bus Program. Design and Art in Transit. Federal transit funds to support public art in transit facilities were discontinued with MAP-21. However, art can be incorporated into facility design, landscaping and historic preservation, for example, using floor or wall tiles that contain artistic designs or patterns, use of color, use of materials, lighting and the overall design of a facility. In addition, eligible capital projects include incidental expenses related to acquisition or construction, including design costs. Therefore, the incidental costs of incorporating art into facilities and including an artist on a design team continue to be eligible expenses. Leasing of Capital Assets. When a recipient/subrecipient leases capital assets from another party, leasing costs are eligible for capital assistance, provided leasing is more cost effective than purchase or construction. Leasing costs eligible for capital assistance include finance charges and ancillary costs such as delivery and installation charges. Leasing of capital assets requires compliance with 49 CFR part 639, “Capital Leases,” and Office of Management and Budget (OMB) Circular A–94 which prescribes the discount rates. Capital Cost of Contracting. Some of the FTA recipients/subrecipients turn to an outside source to obtain public transportation service, maintenance service, or vehicles that the recipient/subrecipient will use in public transportation service. When a recipient/subrecipient enters into a contract for such service, the FTA will provide assistance for the capital consumed during the contract. In the case of a contractor providing vehicles for public transportation service, the capital consumed is equivalent to the depreciation of the vehicles in use in the public transportation service during the contract period. In the case of a maintenance contract, the capital consumed may be, for example, depreciation of the maintenance garage, or depreciation of the machine that lifts the vehicle. Capital consumed may also include a proportionate share of the interest the contractor might pay out as the contractor purchases and makes available to the recipient/subrecipient these capital assets. The FTA refers to the concept of assisting with capital consumed as the “capital cost of contracting.” Only the costs attributable to the privately-owned assets are eligible under this policy. The FTA does not provide assistance for any preventive maintenance activities under the Section 5339 Bus Program. With one exception (a public transportation vehicle privately owned in which the recipient has invested the FTA funds from the Over-the-Road Bus Accessibility Program to finance incremental capital costs of complying with the Americans with Disabilities Act (ADA)), items purchased with federal, state, or local government assistance are not eligible. Currently, the NDOT uses only Section 5339 funds for facilities and facility renovation projects. Applicants are encouraged to discuss with the NDOT at the earliest point in the project to determine funding needs and potential funding sources. Subrecipients are encouraged to consult the FTA’s website to review the “Project and Construction Management Guidelines” and the “Construction Project Management Handbook” for guidance on the development and management of construction Awards. These two resources can be found at (https://www.transit.dot.gov/funding/grants/bus15 bus-facilities-infrastructure-investment-program). G. LOCAL SHARE AND LOCAL FUNDING REQUIREMENTS G.1 Section 5310 The local share of eligible capital costs is typically 20 percent of the net cost of the activity and the local share for eligible operating costs shall not be less than 50 percent of the net operating cost. The local share may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a state or local service agency or private social service organization, or new capital. Some examples of these sources of local match include: State or local appropriations; dedicated tax revenues; private donations; revenue from service contracts; transportation development credits; and net income generated from advertising and concessions. Noncash share such as donations, volunteered services, or in-kind contributions is eligible to be counted toward the local match if the value of each is documented and supported, represents a cost which would otherwise be eligible under the program and is included in the net project costs in the project budget. Income from contracts to provide human service transportation may be used either to reduce the net project cost (treated as revenue) or to provide local match for Section 5310 operating assistance. In either case, the cost of providing the contract service is included in the total project cost. No FTA program funds can be used as a source of local match for other FTA programs, even when used to contract for service. However, the local share may be derived from federal programs that are eligible to be expended for transportation, other than DOT programs, or from DOT’s Federal Lands Highway program. Examples of potential sources of local match include: employment, training, aging, medical, community services and rehabilitation services. The federal share may exceed 80 percent for certain projects related to ADA and Clean Air Act (CAA) compliance. For example, for vehicles, the federal share may be increased to 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with ADA (42 U.S.C. 12101 et seq.). A revenue vehicle that complies with 49 CFR part 38 may be funded at 85 percent federal share. The NDOT only funds ADA-accessible vehicles under this program. G.2 Section 5311 Following are the matching requirements for the different Section 5311 program elements: Capital Operating Preventive Maintenance Project Administration Intercity Operating Mobility Management Maximum Federal Share Local Share Requirement 95% 59.38% 95% 80% 59.38% 95% 5% 40.62% 5% 20% 40.62% 5% G.2.A Local Match Resources Typically, local match must be provided from non-federal sources. Federal funds—including other 16 DOT program funds, e.g., Section 5310—cannot be used as local match. Some federal funds can, however, be used as local match, including:        Older Americans Act, Title III Temporary Assistance to Needy Families (TANF) Tribal Transportation Program (replaced the Indian Reservation Road program) Federal Lands Transportation Program (FLTP) Community Services Block Grant Funds (CSBG) Community Development Block Grants (CDBG) Medicaid Transportation Funds Non‐federal local match can be in the form of contract revenue, derived as part of purchase‐of‐ service agreements with human service agencies, only if the funding source is local or state. If the source is federal, the revenue will only be considered as local match if allowed by the federal funding source. It should be noted though, that funds derived from purchase‐of‐service agreements pursuant to service agreements with a state, local human service agency, or a private human service organization may be treated as local rather than federal funds, even though the original source of such funds may have been another federal program. Examples of non‐federal local match sources include:      State or Local Appropriations Dedicated Tax Revenues Private and Non-Profit Donations Net Income Generated from Advertising and Concessions University/School Contributions Note that any of the above sources can be used as local match; however, local government financial support is a key element in developing and sustaining an effective transit program. G.2.B In-Kind Contributions In‐kind contributions are also allowable as part of an applicant’s local match, but must be: 1. Documented in the application and the applicant’s accounting system. 2. Approved in advance of use by the NDOT. 3. Included in the NDOT agreement. In‐kind contributions may be used toward the local match only if 1) the subrecipient formally documents the value and its rationale for determining the value of each non‐cash share, and 2) this value represents a cost that would otherwise be eligible under the project. Certain forms of in‐kind match (e.g., a volunteer driver) might be acceptable in lieu of cash but must be supported by the same method that the subrecipient uses to support the allocability of regular personnel costs (i.e., hours must be documented, an hourly rate assigned, etc.). The net project cost must include the value of any in‐kind contributions included to the extent it is used as local match. The NDOT may seek FTA approval prior to the use of in-kind share prior to using it in any program of projects (POP). In-kind match is reimbursable as a paid expense. However, the “expense” amount reported must be utilized within the transit program and not taken as profit. As an illustration, consider an agency whose out of pocket expenses for fuel, dispatch, and insurance total $2,000 and donated volunteer driver time is valued at $1,400. Total cash outlays = $2,000 and total project cost = $3,400. Assuming a 50% match, the amount eligible for reimbursement would be $1,700, so the actual cash required 17 to pay the expenses would be $300. See table below. Totals Cash Outlays A In-Kind Contributions B Total Project Cost C =A+B % FTA Share D Eligible Amount E =DxC $2,000 $1,400 $3,400 50% $1,700 Reimbursable Amount F Limited to the lesser of eligible amount (E) or the cash outlays (A) $1,700 Local Match Required G =C–F $1,700 Out of pocket Cash Match Needed H Local match required minus inkind (G-B) $300 It is important to note that the entire local match for most capital projects must be in cash. In‐kind can be used, however, towards the match for construction projects with the NDOT’s prior written approval. G.2.C Advertising Sales and Revenue Transit systems can earn revenue for use as local match from the sale of advertising space. The net income (revenue received minus expenses) generated from advertising can be used for any or all of the local share. Advertising space on transit vehicles has the advantage of an on-board captive audience, consistent visibility in the community and is typically a low-cost advertising option that results in long term contracts. Advertising spaces can include:     On vehicles (interior and exterior); At permanent passenger waiting areas; On printed fare media; and On marketing materials (schedules, brochures, promotional items). Depending upon the nature of the business purchasing advertising, advertising space can be negotiated, sold or leased for cash revenue, or exchanged for “in-kind” services, materials and even capital, including:  Cash revenue;  In-kind services (radio advertising time; newspaper advertising space; vehicle or sign painting; passenger shelter building; printing; design work; uniforms; maintenance; driver training);  Materials (parts; supplies; fuel; oil; uniforms); and/or  Capital (vehicles; office furniture; computer equipment). Bus “wraps” or having a business or community group “adopt” a vehicle are other methods that can generate transit system revenue. Advertising revenues and income generated from concessions may be included as local match or applied to the gross operations with farebox. G.3 Section 5339 The federal share for eligible capital under the Section 5339 program is eighty percent. The remaining 18 20 percent local match can be provided from a variety of sources, including but not limited to funds from local communities or counties, the State of Nevada, or other eligible resources. The federal share may exceed 80 percent for certain projects related to ADA and Clean Air Act (CAA) compliance. For example, the federal share may be increased up to 85 percent for the acquisition of vehicles for purposes of complying with or maintaining compliance with ADA (42 U.S.C. 12101 et seq.). The NDOT only funds ADA-accessible vehicles under this program. Local matching funds are primarily cash contributions from local or state sources. The local share may include state or local appropriations, dedicated tax revenues, private donations, or net income generated from advertising and concessions. Noncash shares such as donations, volunteered services, or in‐kind contributions can be counted toward the local match only if the recipient formally documents the value of each noncash share and if this value represents a cost that would otherwise be eligible under the project. The net project cost must include the value of any in-kind contributions included in net project cost to the extent it is used as local match. States should reference Federal Administrative Rules for Grant and Cooperative Agreements, 49 CFR parts 18 and 19, for more information. H. PROJECT SELECTION CRITERIA AND METHOD OF DISTRIBUTING FUNDS H.1 Project Selection and Funding Distribution The NDOT uses the same project selection process for all grants (Sections 5303, 5304, 5310, 5311 and 5339). The applications are accepted mid-February (when annual apportionments are announced) to mid-April each year. The applicant must also demonstrate that it has the requisite legal, financial and technical capacity to carry out the program and to implement and manage the project. The NDOT Transit Office reviews the applications for eligibility and completeness, with further evaluation resulting in a scoring and ranking of applications based on the following criteria for each funding type. While final scoring will correlate to the allocation of funding, statewide priorities and funding availability may result in adjustments to actual awards. The top priority is to fully fund all eligible application projects.  Project Need – projects will be evaluated upon the need for services, how the need was determined, and assessing the current services in the area. Applicants should consider whether the project meets the needs of the individuals it serves and how the need was determined. For capital assets, the applicant should demonstrate how the need for the project was determined according to the NDOT’s Transit Asset Management (TAM) Plan, funding availability, maintenance records, etc. It should also be noted how the asset will be utilized and how it will affect or improve the services provided. The NDOT will prioritize current recipients and projects. It is recommended that a needs assessment include the following elements, particularly for new applicants or existing applicants proposing an expansion of service: • Transportation needs for human services clients as well as the public; • Frequency and times of transportation needs (e.g., service gaps such as early morning service, evening, weekend, etc.; • Revenue sources to provide an adequate level of service to meet these needs; • Existing transportation services, both public and private as well as existing vehicles in the service area, including their type, age, condition, seating capacity and whether for sale, lease or shared use; 19      • New vehicle and other capital needs; • Local government support of rural transit; and • Multi-year (4–5 year) financial plan. Financial & Technical Capacity – financial and technical capacity will be evaluated upon assessing the financial and technical capacity of the applicant to carry out the proposed services. The NDOT will consider whether project expenses reasonable and fiscally constrained, and how the budget compares with project budgets from prior years and/or the proposed budgets of similar grant applicants/projects. The NDOT will also consider whether proper staffing exists to carry out the program. Coordination and Cooperation – coordination and cooperation efforts will be evaluated upon data provided in the application regarding the level and quality of coordination efforts described and evidenced by the applicant and/or other providers of transportation in the surrounding area. The applicant should demonstrate how well it has coordinated services with other operators or participated in cooperative efforts with mobility managers, human services agencies, etc. Additionally, any improvements that have been made to enhance rider access, the service area and/or overall mobility should be highlighted. Compliance Risk – compliance risk will be evaluated based upon application responses, compliance monitoring results, and biannual risk assessments conducted by the Transit Office. The likelihood that the applicant will present, or continue to present, a risk to the NDOT in complying with federal regulations will factor in greatly. If the NDOT would be required to expend an above average amount of time and resources in getting the applicant into or maintaining its compliance, it leaves less availability for other projects and administrative duties. Previous Project Performance – previous performance will be evaluated upon data provided and available to the Transit Office. Criteria will be evaluated to assess the ability of the applicant to successfully and efficiently perform the proposed services with the funding requested and/or available. Performance measures and other data such as cost per revenue mile, cost per revenue hour, total unlinked passenger trips, farebox recovery ratio, etc relative to applicant agency trends and outside agency trends will be considered. Fiscal Performance and Budget – Budgets will be evaluated for project expenses, projected revenues, and local match commitments. Of note will be the application of cash match versus inkind, and percentage of project revenue relative to operating expenses. Fiscal performance will be reviewed based upon previous awards, reimbursement requests, and funding usage. These criteria will be evaluated to assess the ability of the applicant to perform the proposed services with the funding requested and/or available. It should be noted that not all the above criteria will be relevant to capital requests. Once final project selections and funding allocations have been made by Transit staff, recommendations will be sent to the NDOT’s Front Office and then to the FTA as a Program of Projects (POP) for review and approval. H.2 Statewide Transit Program Dispute/Resolution/Appeal Process Should an applicant wish to appeal the NDOT funding decision, the following process must be used for the appeal to be recognized as valid: 1. Letters of appeal must clearly identify the applicant, contact person, address, phone number, project description and grounds for appeal. 2. Letters of appeal must be hand carried or sent by certified mail and be received by the Department within thirty (30) calendar days of the notification of selection. 3. All letters of appeal must be addressed and/or delivered to the Nevada Department of Transportation; Assistant Director of Planning, Attn: Transit Manager; Multimodal Planning Division; 1263 S. Stewart St.; Carson City, NV 89712. 20 The NDOT Transit Manager will review the appeal with the NDOT Assistant Director of Planning and notify the applicant of the review and any decision within fifteen (15) business days of receipt. If the applicant is not satisfied with the Program Administrator’s response, an appeal may be made to the NDOT Director’s Office, care of the Assistant Director of Planning (see above address). This second appeal must be sent by certified mail and be received within ten (10) business days of the response from the Program Administrator. The Assistant Director of Planning will provide a written response to the applicant within fifteen (15) business days of the receipt of the appeal to the Director’s office. Any decision made by the Assistant Director of Planning will be final. I. INTERCITY BUS TRANSPORTATION (SECTION 5311(f)) The NDOT is required by the FTA to spend at least fifteen percent (15%) of its total Section 5311 apportionment “to carry out a program for the development and support of intercity bus transportation.” The purpose of the Intercity Bus Program is to establish, preserve and enhance rural and small urban intercity transportation. Program goals are to support connectivity between rural and urbanized areas, operating services to meet the intercity travel needs of residents in small urban and rural areas, the establishment, enhancement and preservation of essential intercity bus services on deficient corridors and to establish a network of intercity bus services and connectivity within a national system. The NDOT awards at least 15% of its formula funds to both intercity and intercity feeder routes under the Intercity Program. Per FTA requirements, the NDOT will not fund intercity routes that do not demonstrate a significant benefit to rural communities. Operating assistance is funded at 59.38% federal and 40.62% local. Currently, the NDOT is not funding any capital projects under this program. Intercity routes are characterized as routes between two urbanized areas that make a meaningful connection with a rural area. Intercity feeder routes are those which connect a rural area to an urban area or a rural area to an intercity route. These routes must connect to a larger intercity network to be considered for intercity funding. The marketing materials and websites must indicate that the service is either an intercity route or an intercity feeder route. All routes have limited stops in the communities served and must allow passengers to carry baggage. As with all Section 5311 operating programs, the NDOT funds a portion of the operating deficit after fare revenues have been deducted. Capital assistance may be used to purchase vehicles or vehiclerelated equipment such as wheelchair lifts for use in intercity service. Charter and tour services are not eligible for the FTA assistance. The NDOT annually publishes a notice in newspapers statewide and on the NDOT website soliciting intercity bus projects. The NDOT sends copies of the notice to Greyhound, American Bus Association (ABA) and United Motorcoach Association (UMA), as required. 21 J. ANNUAL PROGRAM OF PROJECT DEVELOPMENT AND APPROVAL PROCESS J.1 Project Solicitation, Notice of Availability The NDOT solicits the FTA grant funding applications annually for Sections 5310, 5311 and 5339 by advertising in over twenty (20) newspapers throughout the state including cultural and statewide publications. The advertisements include the contact information for obtaining applications and the link to the NDOT website where applications can be downloaded electronically. All documents must be signed by individuals with signature authority for the applicant as well as the applicant’s legal counsel. In addition to advertisements in statewide newspapers, all agencies interested in applying for the FTA funding throughout the year are encouraged to review the NDOT grant application and instructions available on the NDOT website. Applications can also be requested by mail. Every effort is made to ensure that all eligible organizations are notified. Eligibility is based only on federal guidelines for program compliance, without regard to race, color, or national origin. Current applicants, MPOs and regional planning organizations are also notified of application availability. J.1.A Application Submission by Subrecipients The NDOT requires a separate application addendum for each funding type (operating or capital). The operating assistance addendum is submitted for operating, program administration, capitalized maintenance and mobility management program assistance. The addendum must include information about the project, a justification, coordination efforts, as well as budget and match sources for the project. If the same applicant is also applying for capital assistance funding, a separate addendum must be submitted. Federal law recognizes the special concerns of private transportation providers that compete with public mass transit authorities. By law, existing private transportation providers are afforded certain safeguards from competition. Specifically, FTA is prohibited from providing federal assistance to a governmental body that provides service in competition with, or supplementary to, service currently provided by a private transportation company, unless FTA finds that the local transportation program developed in the planning process provides for participation by private transportation companies to the maximum extent feasible. While FTA supports the participation of private transit providers in local mass transportation programs, FTA no longer imposes prescriptive requirements for determining whether a grant applicant has made adequate efforts to integrate private enterprise in its transit program, as explained in the FTA Federal Register Notice "Private Enterprise Participation," of April 26, 1994. Applicants must ensure that private-for-profit and private non-profit transit operators are given the opportunity to participate in the planning and implementation of the project to the maximum extent feasible. This includes soliciting private companies’ participation in their planning process and encouraging private companies to actively participate in the planning process. Applicants must provide reasonable notice to all transportation providers in the proposed service area to inform them of the project and ascertain whether the private providers could participate in the project. This is accomplished by publishing a public notice in a newspaper of general circulation and/or on 22 the applicant’s website, by sending a letter of intent directly to private providers, or by conducting a public participation process. J.2 One-Year Grant Funding Cycle For Sections 5310, 5311 and 5339 projects, the NDOT funds projects on a one-year funding cycle. Applicants are required to submit a complete application on or before the application deadline to be considered for funding. Agencies must be in good standing to receive funding. Funding agreements will be issued for a one-year period of performance (see Section J.3). J.3 Period of Performance The period of performance for subrecipient operating assistance agreements is October 1 to September 30 of each year. It is the NDOT’s intention that operating assistance agreements will be for a period of one year with no extensions. If an agreement extension is requested due to extenuating circumstances, it must be submitted to the NDOT for prior approval. The NDOT may establish different periods of performance for projects that are programmed for funding but have not yet met all the statutory or administrative requirements of the programs pursuant to the applicable FTA Circulars. Additionally, some projects for capital acquisitions, such as vehicles or construction projects may extend beyond one year. This is necessary to cover the period of review in compliance with useful life regulations. J.4 Data Universal Numbering System (DUNS) Subrecipients are required to provide their DUNS number to the NDOT prior to the issuance of any grant agreements, contracts and/or awards. J.5 Annual Grant Submission and Program of Projects (POP) The NDOT’s review and approval process is approximately six (6) months. Applications for the Sections 5310, 5311 and 5339 programs recommended for funding are then incorporated into a Program of Projects (POP) (identified by applicant and project, including a project budget) by the NDOT for each program and submitted to the FTA regional office for review and approval. POP projects are identified as either Category A or B projects, depending on their level of readiness (all information has been provided (Category A) or information is still pending (Category B). The FTA awards grants and obligates funds for the total amount the NDOT requests for both categories. The FTA grant award constitutes the FTA approval of the NDOT’s annual POP and constitutes the FTA approval of Category A projects. For those projects, the NDOT may draw down federal funds to reimburse expenses incurred for Category A projects immediately upon execution of the grant agreement between the NDOT and the FTA. The FTA’s grant award constitutes only conditional approval of Category B projects. Once the subrecipients have met all applicable federal requirements, the NDOT may advance those projects to Category A and then draw down funds. The FTA’s prior approval is not required for advancing a 23 project from Category B to A. Once the NDOT receives the FTA approval, applicants are notified in writing of their award. J.6 Revisions to Program of Projects/Subrecipient Budget Revisions Any revisions to the FTA approved Program of Projects are normally requested by subrecipients in consultation with the NDOT Transit Office in accordance with the provisions outlined in the applicable FTA circulars. Transit Office staff review and approve or deny all budget revisions. Written agreement amendments developed for funding increases above those approved in the annual Program of Projects are signed and executed by the NDOT Director and subrecipient designee. The FTA’s approval is not required to reallocate funds among projects included in the approved POP, so long as any single change does not exceed 20 percent of the affected project. Section 5310 projects must be consistent with the locally developed, coordinated human services transportation plan from which the projects were selected. The NDOT’s Section 5310 request for approval includes documentation that the proposed changes in the POP are projects that are included in a locally developed coordinated plan. In accordance with the FTA Circulars, the NDOT may make revisions in the POP without prior notification to the FTA for such things as deleting a project from the POP, if the project cost is less than 20 percent of the total of the affected POP, or advancing projects from Category B to A, provided the prospective subrecipient is following all applicable federal requirements. Other changes as outlined in the applicable program circular require either the FTA notification or approval prior to taking any POP action. See the applicable FTA circulars for additional guidance. J.7 Annual Calendar of Events The NDOT Transit Office performs regular program administration duties throughout the year, many of which are included in day-to-day duties. Others are done annually or less frequently, as required. Below is a list of aspects of program administration that are performed annually; tasks performed less frequently are discussed later in this document. Tasks such as data collection from grantees, participation in internal and external meetings (i.e., the Transportation Planning Advisory Committee), grantee training and monitoring, and grant reconciliation and drawdown are performed throughout the year or as needed. October  Receive final grantee billings and ridership reporting from previous federal fiscal year (fourth quarter)  Attend SPR meeting with FHWA regarding transit program  Submit MPR/FFR reports to the FTA  Complete semi-annual risk assessments (first quarter – October) November  Transfer vehicle ownership, if applicable, to grantees December  Review and finalize vehicle procurement order with Equipment Division (first quarter) 24 January  Perform updates to application packet to reflect new guidelines or requirements February  Solicit grant applications via newspaper and/or letters (second quarter) March  Submit annual Management Information System report to the FTA (collection of data applicable only to Section 5311 subrecipients) April  Begin application review (third quarter)  Complete semi-annual risk assessment (third quarter – April)  Complete the annual FTA Certifications and Assurances (third quarter) May  Select projects for the next federal fiscal year (third quarter)  Provide selected projects and funding amounts for review and inclusion in the annual STIP update (third quarter) June  Provide grantees notice of award letters (third quarter) July  Complete and submit new federal fiscal year grants to the FTA via TrAMS (fourth quarter) August  Send the NDOT agreements to grantees for signature (fourth quarter)  Prepare grantee agreements for vehicles, operating funds, and project administration (fourth quarter)  Conduct annual program training for grantees September  Execute grantee agreements (fourth quarter) ALL YEAR  Grantee liaison/public relations  Data collection from grantees, i.e. monthly ridership, vehicle maintenance reports, etc.  Transportation Planning Advisory Committee (TPAC) meetings as scheduled  Grantee training and monitoring J.8 Sections 5310, 5311 and 5339 Public Notice Requirements To ensure that meaningful and timely public input is provided in the development and implementation of the Sections 5310, 5311 and 5339 Grant Programs, each applicant will be required to publish a public notice briefly explaining its grant application and the services intended to be offered and the impact upon the citizens within the established service area, if the application is funded. The notice must also offer an opportunity for requesting a public hearing by public and private providers of transit and paratransit services; regional, county and local governments; citizen and consumer groups or individuals, including minorities, the economically disadvantaged, individuals with disabilities; and labor organizations. To provide a fair and timely opportunity to participate to the maximum extent feasible in the development of the program by each of these groups, the public notice must be published in newspapers of general circulation in the area to be affected by the proposed project, including any 25 newspapers oriented to the minority community as follows: 1. The NDOT requires that the notice is advertised at least twice in each newspaper within a fifteen (15) day period, with at least seven (7) days between each of the two (2) advertisements. 2. Comments must be accepted for at least fifteen (15) days from the date of the last notice. The Public Notice must also be sent to each transportation provider within the service area. This step will ensure that all operators have been notified of the potential Section 5311 project, to foster coordination activities. A copy of the public notice, certificates of publication and all correspondence mailed to each operator in the system's service area must accompany the Section 5311 application submitted to the Transit Office. J.9 Public Hearing Requirement, if Requested If a public hearing is requested as part of the grant application process, applicants should schedule the hearing date at least fourteen (14) days after the second notice is published. The notice of the public meeting must include the name of the applicant, the time, date and place of the hearing, an adequate description of the project, including the area to be served by the proposed undertaking, items to be purchased, constructed, etc. The notice of the public hearing must also include a statement which allows individuals with Limited English Proficiency (LEP), in accordance with Title VI requirements, and individuals with disabilities who may require accessibility under the Americans With Disabilities Act (ADA) the ability to request appropriate accommodations (see Section J.10). The NDOT Transit Office must be notified if a public hearing is requested, comments received during the hearing and the outcome of the hearing. J.10 Minimum Public Meeting Requirements for Any Action Requiring a Public Meeting Any public meetings should be held at a place and time generally convenient for persons affected by the proposed undertaking. To encourage attendance, the location should be easily accessible by local transit service. The notice of the public meeting must include the name of the applicant, the time, date and place and advertised in such places as transit facilities, local businesses in the affected areas, newspapers, minority or limited English proficiency venues, community centers, etc. The site must be accessible to older adults and individuals with disabilities and if possible, accessible by local transit service. Provisions should be made for submission of written statements, exhibits and oral statements. Interpreters must be provided for non-English speaking persons, if requested. A written summary of the oral proceedings must be prepared. The Title VI notice must be included in the public notice and visible at any public hearing or meeting. The notice of the public meeting must also include a statement which allows individuals with limited English proficiency per Title VI requirements and those requiring assistance under the ADA the ability to request an accommodation. Additional information on Nevada’s open meeting requirements can be found at http://ag.nv.gov/About/Governmental_Affairs/OML/. A compliance checklist can be found at http://ag.nv.gov/uploadedFiles/agnvgov/Content/About/Governmental_Affairs/OML_Portal/2 016-01-25_OML_12TH_AGOMANUAL.pdf. 26 J.11 The FTA Certifications and Assurances All Sections 5310, 5311 and 5339 applicants must sign and submit as part of their application the required Federal Certifications and Assurances. The NDOT also requires these Federal Certifications and Assurances to be signed and re-submitted annually. The NDOT provides information to subrecipients regarding the requirements and obligations under these requirements as part of the application process. The signed application, with all attachments included, becomes part of the NDOT agreement. Applications without the proper Certifications and Assurances will be rejected. Compliance with the signed Certifications and Assurances may be reviewed during the NDOT on-site monitoring visits. Subrecipients that are determined to be out of compliance with any provision will be subject to corrective action up to and including termination of agreement. All subrecipients will be monitored for general Agreement compliance at a minimum of every three years. Subrecipients with major management and oversight responsibilities may be subject to an administrative/management review and a general compliance on-site review more frequently (see Section T.9). J.12 Pre-Agreement Verification and Pre-Award Audits Each subrecipient’s application must document the source of local match funds and include an annual budget, signed Certifications and Assurances and other pertinent information for federal compliance. The NDOT may conduct an on-site visit to ensure the subrecipient’s ability to manage the program successfully. Prior to the offer of an Agreement to the subrecipient, financial systems may be reviewed for compliance with the NDOT and federal requirements. Once all assurances are met, the NDOT will proceed with the agreement process. This procedure applies to applicants for the FTA Sections 5310, 5311 and 5339 program funds. Any subrecipient approved to receive the FTA funds through the NDOT is subject to a financial system pre-audit to be conducted by the NDOT Internal Audit Division. The pre-audit may include, but is not limited to, a review of the Internal Controls, Accounting System and the Payroll System. J.13 Written Code of Conduct The NDOT subrecipients are required to maintain a written code or standard of conduct that governs the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts supported by federal funds. This standard must ensure that no employee, officer, board member, or agent of the subrecipient will be directly involved in the selection, award, or administration of a contract supported by the NDOT/FTA funds if a conflict of interest, real or apparent, would be involved. The code must ensure the subrecipient's officers, employees, board members, or agents will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to a subagreement. K. FUND TRANSFERS While federal requirements do not mandate the FTA approval prior to transfer of an apportionment, Nevada’s Governor through the NDOT does provide notification to the FTA of a transfer for each 27 transaction so that the FTA can accurately reflect this transfer decision in overall program budget levels and apportionment records. In addition, the grant application project budget shows the amount of transferred funds. K.1 Section 5310 Section 5310 funding transfers to other programs are not permitted per the FTA Circular 9070.1G. K.2 Section 5311 The NDOT may transfer Section 5307 (urbanized area) funds, or flexible funds to Section 5311 to supplement the NDOT’s FTA-apportioned funds, as specified in the FTA guidance. The Nevada Governor may also transfer Section 5311 funds to supplement Section 5307 funds apportioned to the state for urbanized areas with populations less than 200,000. The Governor may transfer these funds without consultation within the last ninety days in which the funds are available for obligation, for use anywhere in the state. The period of availability of the transferred funds is that of the Section 5311 apportionment (three years). To date no transfers as previously described have been requested. The NDOT will notify the FTA Regional Administrator of its intent to transfer funds should this situation arise. K.3 Section 5339 Consistent with 49 U.S.C. 5339(e)(1), Nevada’s Governor may transfer any part of the state’s apportionment, specifically the National Distribution allocation, to supplement amounts apportioned to Nevada under Section 5311(c) or amounts apportioned to Nevada for areas under 200,000 in population under Section 5307. Transferred funds are used for eligible Bus Program activities, even if combined in a grant with other Section 5307 or 5311 funding. Nevada uses this transfer for administrative purposes only and allows Section 5307 direct recipients to apply directly to the FTA for their Section 5339 allocation. K.4 Section 5305(e) L. STATE ADMINISTRATION AND TECHNICAL ASSISTANCE L.1 State Administration and Technical Assistance In the administration of the Sections 5310, 5311 and 5339 programs, the NDOT takes steps to ensure that federal funds are properly spent and that it follows all federal requirements as outlined in the FTA Circulars. Program administration for these grants encompasses, among other things, administration, planning and technical assistance. The NDOT does this through ensuring that the NDOT follows program requirements including the development of any required plans and/or data submissions, though oversight activities and the provision of technical assistance to assist subrecipients in meeting program requirements. The NDOT is available to provide a wide range of technical assistance to local areas upon request. Additionally, the NDOT may draw upon other Department resources (i.e. Legal, Purchasing, Accounting, Auditing, Information Technology, Civil Rights and Engineering), as well as contracted professional services to provide technical and management assistance to the Sections 5310, 5311 28 and 5339 Programs. The NDOT technical and management assistance will be available to existing, new and future applicants including but not limited to the following areas:                Assistance with preparation of project grant applications; Assistance with coordination of transportation development plans; Assistance with transportation coordination issues; Guidance on implementation strategies regarding the FTA regulations; Assistance with grants management functions including invoicing, record keeping and accounting issues; Assistance with procurement and third-party contracting; Assistance with provisions of contracted professional services to deliver technical and management assistance to the Sections 5310, 5311 and 5339 programs; Assistance with provisions of driver training and preventive maintenance programs; Assistance with development and review of vehicle specifications; Participation in local planning issues; Participation with development of local financing strategies; Assistance with coordinating the establishment of programs for providing service to older adults and individuals with disabilities; Oversight and guidance of programs to comply with civil rights requirements; Oversight and guidance on facility construction or renovation projects; and Other issues/requests and needs, which may arise from time to time. The NDOT uses no more than 10% of its Section 5310 and Section 5311 apportionments for administrative expenses. Additionally, under the Section 5311 program, the NDOT undertakes a separate Rural Transit Assistance Program (RTAP) to provide training and technical assistance to Section 5311 recipients; however, Sections 5310 and 5339 subrecipients may also benefit from these projects so long as the activities are primarily designed and delivered to benefit rural transit providers. The NDOT accounts separately for Section 5311 administrative funds and RTAP funds. Additionally, the NDOT may, at its discretion, use Section 5311 administrative funds to augment RTAP activities and/or undertake research projects. The NDOT periodically holds workshops, webinars, conferences and meetings to disseminate information to assist subrecipients in meeting grant requirements. Additionally, the NDOT has developed, among other documents, invoice and ridership workbooks to assist subrecipients. L.2 Planning and the Statewide Transportation Planning Public Participation Process Sections 5310 and 5311 applicants as well as Section 5339 projects have been involved in the multi‐ modal transportation planning processes. Obtaining and sustaining community support is an important part of developing and growing an effective rural public transit system. The Sections 5310 and 5311 program applicants/subrecipients are responsible for garnering support from a broad number of stakeholders – local governments, local businesses, the medical community, agencies serving seniors and people with disabilities, as well as others. This includes ensuring that the service responds to changing local needs. 29 L.2.A Planning Assistance Prospective Sections 5310, 5311 and 5339 applicants and those already participating in the Section 5311 program may obtain planning assistance, demographics information and information about other providers through the NDOT or Metropolitan Planning Organization(s) in their region(s). L.2.B Statewide Transportation Plan The NDOT has developed a statewide transportation plan in accordance with CFR Title 23 part 450. It considers and provides for, as applicable, connections among and between rail, commercial motor vehicles and aviation facilities, particularly with respect to intercity travel. The plan is statewide in scope to facilitate the efficient movement of people and goods. It is set for a planning horizon of twenty years and contains an element for bicycle transportation, pedestrian walkways and trails appropriately connected to other modes. The plan references or contains applicable short-range planning studies, strategic planning studies, transportation needs studies and statements of policies, goals, objectives and performance measures regarding issues such as transportation, demographics, economic development, social and environmental effects, preservation of future right-of-way and energy related issues. It reflects or references any metropolitan area plan developed pursuant to 23 USC 134 and section 8 of the Federal Transit Act, 49 USC app. 1607. The plan reflects or references methods to expand and enhance appropriate transit services and to increase the use of such services, and includes innovative financing methods and investment strategies. L.2.C Statewide Transportation Improvement Plan (STIP) The NDOT administers and implements programs for the planning, development, construction and operation of the state's transportation systems. The NDOT's mission is to “Provide a better transportation system for Nevada through our unified and dedicated efforts.” Annually, the NDOT develops a Statewide Transportation Improvement Program (STIP). The STIP includes a five-year list of federally-funded and regionally significant non-federally funded transportation projects and programs consistent with the goals and strategies of the Statewide Transportation Plan. Development of the STIP is completed in cooperation with the state's Metropolitan Planning Organizations (MPOs) and local governmental agencies. An MPO is designated for each urbanized area with a population of more than 50,000. At present, there are four MPOs in the State of Nevada. Three of the MPOs were designated by the Bureau of the Census (the Regional Transportation Commission (RTC) of Southern Nevada, the RTC of Washoe County and the Carson Area MPO). The fourth MPO (Lake Tahoe) was designated as an MPO through legislation passed by the U.S. Congress. Each MPO is required to develop a Regional Transportation Improvement Program (RTIP) that is consistent with each MPO’s Regional Transportation Plan (RTP), a 20-year plan. The RTIP must be updated at least every four (4) years and the plans/programs contained in the RTIP must be multimodal and fiscally constrained. In addition, the MPOs are required to develop plans and programs for adoption, develop long-range capital plans, coordinate transit services and projects and carry out other activities pursuant to state laws. The NDOT, the RTC of Southern Nevada, the RTC of Washoe County, the Tahoe MPO, the Carson Area MPO and regional and local governments follow their locally-adopted public participation processes in the development of each of their RTIPS. 30 The MPOs, in cooperation with the state and public transit operators, develop transportation plans and programs for the urbanized areas of Nevada. These plans provide for the development, integration, management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that function as intermodal transportation for the metropolitan areas and as an integral part of a statewide intermodal transportation system. Upon approval by the Governor of the State of Nevada or his designee (the Director of the NDOT), each MPO’s RTIP is incorporated without change into the STIP. The STIP is reviewed by the Federal Highway Administration (FHWA) and the FTA for consistency with federal regulations and if acceptable, jointly approved. The NDOT’s Statewide Transportation Plan is available on the NDOT website, www.nevadadot.com or from the NDOT Multimodal Planning Division. L.4 Management of the FTA Grants at the Local Level and Good Standing The NDOT assists program subrecipients wherever possible; however, Sections 5310, 5311 and 5 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A420b3274fe82de63. Public record. Not legal advice.