2011 Discretionary Grant Programs
Ferry Boat Discretionary (FBD) Program - Selection Criteria and Additional Information
These instructions are for the 2011 Ferry Boat Discretionary (FBD) program for discretionary selections by the Secretary. At this time, States are requested to submit applications to their respective FHWA Division Office by June 3, 2011.
The FBD program is contained in title 23, U.S.C. section 147. The purpose of the program is the construction of ferry boat and ferry terminal facilities. Under the provision of the Surface Transportation Extension Act of 2010, Part II (Title II of Public Law 111-322), the program has been continued in Fiscal Year 2011. There is anticipated to be approximately $47 Million available for discretionary selections this fiscal year. Please see the application materials for an application template and submission requirements.
The States, including eligible U.S. territories, may submit applications to their local FHWA division office as outlined in these instructions. Eligible public entities must submit their application through their State transportation agency. The State must prioritize and submit complete applications provided to them by any eligible public entity. The State is required to prioritize all applications, assigning individual priority to each project. Please submit only one application for any ferry vessel or terminal. Separate implementable projects may be identified within the application. Applications should only be submitted for projects that will fully obligate awarded funding no later than August 31, 2012. Applications deemed incomplete by FHWA Office of Program Administration or not individually prioritized by the State may not be considered.
Due to the expected high demand for this funding, it is anticipated that individual project awards may not exceed $3 Million. Projects ready to go to actual construction will also receive higher consideration. Applicants are encouraged to demonstrate how the project improves safety and/or helps the ferry service maintain a state of good repair.
The applications for all projects must be submitted electronically in MS Word format using the provided template. Project applications for the FBD program must be received from the State by the FHWA division office no later than June 3, 2011. The FHWA division office shall transmit the applications via email to Tony DeSimone (anthony.desimone@dot.gov) of the FHWA Office of Program Administration by COB June 6, 2011 and include the following:
- a statement that the FHWA division office has reviewed the State's submittal and that the submittal meets the eligibility, schedule and application requirements;
- the State transportation department's submission email or letter to the FHWA division office, including individual project prioritization; and
- each MS Word application as an attachment.
Concerns about the schedule or other application items should be addressed with the State and provided with the division office submittal.
ELIGIBILITY
As specified in 23 U.S.C 147(a), this program is for the construction of ferry boats and ferry terminal facilities in accordance with 23 U.S.C. 129(c). FBD funds are available for construction/improvement to ferry boats or ferry boat terminal facilities where:
- It is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry.
- The operation of the ferry is on a route classified as a public road within the State and which has not been designated as a route on the Interstate System. Projects under this subsection may be eligible for both ferry boats carrying cars and passengers and ferry boats carrying passengers only.
- The ferry boat or ferry terminal facility is publicly owned or operated or majority publicly owned if the Secretary determines, with respect to a majority publicly owned ferry or ferry terminal facility, that such ferry boat or ferry terminal facility provides substantial public benefits.
- The operating authority and the amount of fares charged for passage on such ferry shall be under the control of the State or other public entity, and all revenues derived therefrom shall be applied to actual and necessary costs of operation, maintenance and repair, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return. Control by a public entity means that the public entity establishes or approves the route and has oversight of the schedule, public access, safety, etc., for the ferry. Also the public entity must approve fares and verify that it is within the requirements for the program. In the case of a private ferry operator, the public entity would have a contract or other formal agreement with the operator to establish this control. This applies to the entire ferry service and not limited to where the funds are to be used, i.e., the boat or the terminals.
- Ferry may be operated only within the State (including the islands which comprise the State of Hawaii and the islands which comprise any territory of the United States) or between adjoining States or between a point in a State and a point in the Dominion of Canada. Except with respect to operations between the islands which comprise the State of Hawaii, operations between the islands which comprise any territory of the United States, operations between a point in a State and a point in the Dominion of Canada, and operations between any two points in Alaska and between Alaska and Washington, including stops at appropriate points in the Dominion of Canada, no part of such ferry operation shall be in any foreign or international waters.
SELECTION CRITERIA AND ADDITIONAL INFORMATION
Statutory criteria are found in 23 U.S.C. 147(c): "The Secretary shall give priority in the allocation of funds under this section to those ferry systems, and public entities responsible for developing ferries, that-
- provide critical access to areas that are not well-served by other modes of surface transportation;
- carry the greatest number of passengers and vehicles; or
- carry the greatest number of passengers in passenger-only service."
FHWA has not established regulatory criteria for selection of FBD projects; however, FHWA will consider the following additional factors in the evaluation of candidates for this program:
Expeditious completion of project - Consideration is given to requests that will expedite the completion of a viable project. This means a project's ability to expeditiously complete usable ferry boat or terminal facilities within the limited funding amounts available. This program is intended for construction rather than for initial funding of a project that is dependent on future commitments of additional funding before a usable project can be completed.
State priorities - For States that submit more than one project, consideration is given to the individual State's priorities.
Leveraging of private or other public funding - Because the annual requests for funding far exceed the available FBD funds, commitment of other funding sources to complement the requested FBD funding is an important factor.
Amount of FBD funding - The requested amount of funding is a consideration. Realizing the historically high demand for funding under this program, modest sized requests for funding that would allow more States to receive funding under this program may be given added consideration.
National geographic distribution of funding within the FBD program - Consideration is given to selecting projects over time among all the States competing for funding.
STATE TRANSPORTATION AGENCY RESPONSIBILITIES:
Coordinate with State, local, and Federal agencies within the State to develop project applications.
Ensure that the applications are completed for candidate projects in accordance with the eligibility and submission requirements.
Establish individual priorities (no grouping) if submitting more than one project.
Submit the applications electronically to the appropriate FHWA division office on time so that the submission deadline can be met.
Submit request to FHWA division office for allocation of funds, after awards are announced, when project funds are ready to be obligated.
FHWA DIVISION OFFICE RESPONSIBILITIES:
Provide the solicitation memorandum and this program information to the STA electronically to facilitate their electronic submission of applications.
Request that the candidate projects are submitted by the STA to the FHWA division office electronically to meet the submission deadline established in the solicitation.
Review all candidate applications submitted by the STA prior to sending them to FHWA Office of Program Administration to ensure that they are complete and meet the eligibility and submission requirements.
Submit the candidate applications electronically to FHWA Office of Program Administration as outlined in the solicitation memorandum.
Forward award announcement to the STA.
Forward allocation requests from the STA to the Office of Program Administration, via email to Tony DeSimone (Anthony.Desimone@dot.gov).
FHWA OFFICE OF PROGRAM ADMINISTRATION RESPONSIBILITIES:
Solicit applications from the STAs through annual solicitation memorandum.
Review applications and compile appropriate program and project information for the Office of the Federal Highway Administrator.
Issue award announcement via email to all FHWA division offices.
Allocate funds upon receipt of request from the FHWA division office.
FHWA HEADQUARTERS PROGRAM OFFICE CONTACT:
Tony DeSimone
Federal-aid Programs Engineer
Office of Program Administration
Phone: (317)226-5307
Fax: (317)226-7341
Email: Anthony.Desimone@dot.gov