SCDOT has simplified the application process. Application packages are now available in electronic format via the Grants Management System
(https://sp.scdot.org/OPT/SitePages/GMSHome.aspx). Since most subrecipients have access to the internet, the distribution of application packages has greatly improved.
SCDOT utilizes all of its program funds under the appropriate programs. However, during the project development stage, SCDOT staff shall identify all other program funds that have not been obligated. If these funds are substantial, a transfer spending plan shall be submitted to FTA’s regional office for approval after consulting with the subrecipients to determine whether or not they are unable to use their funds allocated by FTA. If approved, SCDOT shall implement the transfer, identify eligible subrecipients, update the STIP and adjust the State’s FTA grant Program of Projects (POP).
Background
SCDOT makes an annual program announcement for all programs in the fall, or later depending on the time table for the publication of the apportionment in the federal register. The program period of performance is based on the State Fiscal Year (July 1 – June 30). The announcements provide information on available funds and solicit applications from eligible subrecipients. The review of all applications will begin after receipt, usually in early January after the application closing date. Once application review is complete and subrecipient allocations are made based on the FTA announced availability of program funds to the State for the given fiscal year, the Office of Public Transit will make recommendations to the SCDOT Commission for review and approval.
After SCDOT Commission approval, the STIP page is updated and released for public comment.
Once the public comment period is over, the OPT initiates a grant application with the FTA which includes the development of a Program of Projects (POP).
The Program of Projects identifies each local subrecipient approved to receive funds for that year, inclusive of a brief description, funding level (federal and non-federal), and the amount of funds identified for state administrative expenses and intercity bus as applicable.
SCDOT application to FTA can include two (2) categories in the program of projects:
Projects in Category A include those applicants certified as having met all the statutory and administrative requirements necessary for project approval.
Projects in Category B include those applicants, which SCDOT intends to fund during that fiscal year, but have not yet met all the statutory and administrative requirements of the respective programs.
SCDOT routinely strives to allocate all available funds under Category A.
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Notice of the Availability of Funds
The statewide announcements for Sections 5310, 5311, and 5339 are widely disseminated through various methods, to include:
Annual memo sent to existing public transportation providers;
County government administrators;
South Carolina regional councils of government (COGs) for region wide distribution to interested agencies including private sector transportation providers and Native American Tribes;
Metropolitan planning organizations (MPOs);
Other local planning agencies;
South Carolina Transportation Association of South Carolina (TASC);
Other interested agencies and operators of public transportation service; and
Internet via the SCDOT Office of Public Transit website.
Public Hearing Requirements
A public hearing or public participation is required prior to a subrecipient submitting an application to the OPT regardless of the program. There is a second level of public comment when the project has been identified and has received SCDOT Commission approval. This comment period allows the public to make statements regarding the proposed project.
The public hearing requirement in 49 U.S.C. 5323 as amended for capital projects. The law connects more clearly the public involvement and hearing requirements for capital projects with the environmental review required by the National Environmental Policy Act (NEPA) and its implementing regulations. It also broadens the requirement to apply to all capital projects (as defined in 49 U.S.C. 5302).
Under 49 U.S.C. Section 5323 as amended, any application for a project that will “substantially affect a community or the public transportation service of a community” shall include a
certification to the effect that the applicant has:
Provided an adequate opportunity for public review and comment on the project;
Provided notice and held a public hearing on the project if the project affects significant economic, social or environmental interests;
Considered the economic, social, and environmental effects of the project; and
Found that the project is consistent with official plans for developing the community.
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Title 49 U.S.C. 5323 as amended, further states, “Notice of hearings under this subsection shall include a concise description of the proposed project; and shall be published in a newspaper of general circulation in the geographic area the project will serve.”
The applicant must provide an adequate opportunity for public review and comment on a capital project, and, after providing notice, must hold a public hearing on the project if the project affects significant economic, social, or environmental interests. These requirements are satisfied through compliance with the NEPA requirements for a public scoping process, public review and comment on NEPA documents, and a public hearing on every draft environmental impact
statement (EIS).
A public hearing on environmental assessments (EAs) that have a high probability of being elevated to an EIS is also required, ensuring that the applicant has complied with the public hearing requirement and inclusion in the environmental record for the project.
Section 5323 as amended must be read in concert with Section 5324 as amended, which states that FTA must review the public comments and hearing transcript to ascertain that an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest in the project, and that FTA must make a written finding to this effect.
Public Notification
SCDOT publicly advertise availability of funds to potential applicants by notifying potential applicants by letter, through the Office of Public Transit web site and through a publication having general circulation across the state, and through a press release.
At the conclusion of the application cycle SCDOT notifies the South Carolina Department of Administration, Executive Budget Office, as required by the State’s Project Notification and Review System (Intergovernmental Review), of the list of projects that has been selected for funding.
Application Review and Approval Schedule
The State's annual announcements shall provide a schedule of dates for application submittals and review by SCDOT staff, recording of the approval date by SCDOT Commission, and the State's submission of the respective program of projects to FTA for review and approval.
The general application review and approval schedule for allocation of available federal funds is as follows:
January Receipt of all proposals
February Proposals reviewed by SCDOT
Review/panel meetings held if required
March Recommendations submitted to SCDOT Deputy Secretary and Commission for review
Request for 15-day public comment published
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April Presentation of recommendations to SCDOT Commission for approval
May Submission of State application to FTA for review and approval June Subrecipient Agreement Preparation and Release
Note: This schedule is general in nature and may be modified based on the availability of federal and/or state funds.
FTA Approval
Upon approval by FTA of the State's program of projects, and after FTA and the SCDOT have entered into an agreement, the SCDOT, Office of Public Transit will transmit, via the Grants Management System the approved subgrant agreement(s) for execution by the subrecipient.
Each agreement shall contain:
The approved project budget;
The detailed scope of services to be performed in accordance with the budget; and
Required federal and state contract provisions and regulations - including the Master Agreement which is incorporated by reference.
The subrecipient should review and execute the agreements within 3 days.
Certifications and Assurances
OPT must annually assure FTA that the State and all subrecipients meet all requirements, necessary to be able to receive federal FTA funds.
Each fiscal year (on or about October 1), FTA publishes the required certifications and
assurances in the Federal Register and updates the certifications and assurances in the TrAMS electronic grant-making system. This notice indicates which certifications and assurances apply to all grantees and subrecipients.
Subrecipients submit the appropriate original signature certifications and assurances each fiscal year for all programs for which they will be funded. Subrecipients should use the most recent version of certifications provided by SCDOT during the annual application process. No agreements will be authorized until required signed certifications and assurances have been pinned and uploaded in the Grants Management System.
Period of Performance
The period of performance for agreements will be based on the State’s Fiscal Year of July 1 – June 30. In some instances, and depending on funding guidelines, a period of performance may initially extend beyond one state fiscal year. Period of performance is stated within the executed grant agreement between SCDOT and the subrecipient. Grant agreement extension requests must be submitted in writing (with justification) to the Office of Public Transit for consideration
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and will be considered on a case-by-case basis. (For specific guidelines, see the subheading Contract Changes in Chapter 6).
SCDOT 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 (Category B) pursuant to applicable FTA Circulars.
Federally recognized Indian tribal governments approved for Section 5311 funding may request that the period of performance for administrative and operating grants coincide with the federal fiscal year (October 1 - September 30).
Capital Projects
The performance period for all capital projects shall commence on July 1 of the award year (based on the state fiscal year). The period of performance is generally for a period of 12 months for completion of the respective capital project(s). Extension of capital project performance periods will be considered on a case-by-case basis. Subrecipients must submit a request for extension to the Office of Public Transit in writing. The request must indicate the project agreement number; capital project description; justification for request for extension of performance period; and anticipated date of completion. (Also see Agreement Changes subheading in Chapter 6.)
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