Behavioral highway safety activities to which Section 406 funds are likely to be applied include but are not limited to highly visible enforcement of impaired driving and safety belt violations; paid and earned media campaigns to support stepped up enforcement mobilizations and crackdowns; motorcycle rider education; pedestrian safety; speed management; DWI courts; and, technical training of traffic law enforcement officers, prosecutors and state highway safety officials.
The Department of Transportation's mission is to ensure fast, safe, efficient, accessible and convenient transportation that meets vital national interests and enhances the quality of life of the American people, today and into the future.
In FY 2007, 18 States, District of Columbia, Puerto Rico and 4 territories received Section 406 grants.
Uses and Use Restrictions
A state may use grant funds for any safety purpose under Title 23 or for any project that corrects or improves a hazardous roadway location or feature or proactively addresses highway safety problems.
However, at least $1 million of amounts received by States must be obligated for behavioral highway safety activities.
The 50 States, District of Columbia, Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam and the Virgin Islands are eligible to apply for a grant.
State Highway Safety Agencies.
States that apply as either New Primary Law States or Pre-2003 Primary Law States must submit a certification that their primary safety belt law is in effect and is being enforced, and must also provide a citation where a copy of the law may be obtained for review. States that apply as Safety Belt Performance States must submit the result of a statewide safety belt observational survey for each of the two calendar years preceding the fiscal year of the grant application, along with certifications that the surveys were conducted in conformance with NHTSA's Uniform Criteria for State Observational Surveys of Seat Belt Use (23 CFR Part 1340).
Aplication and Award Process
Program is eligible for coverage under E.O.
12372, Intergovernmental Review of Federal Programs.
An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.
A State is eligible for a grant if it did not have a conforming primary safety belt law for all passenger motor vehicles in effect on or before December 31, 2002, and either: Enacts for the first time after December 31, 2002, and has in effect and is enforcing a conforming primary safety belt law for all passenger motor vehicles (States meeting this criterion are called New Primary Law States); or, After December 31, 2005, has a State safety belt use rate of 85 percent or more for each of the 2 consecutive calendar years immediately preceding the fiscal year of the grant (States meeting this criterion are called Safety Belt Performance States). A State that meets either of the above two criteria will receive a one-time grant equal to 475 percent of the State's apportionment under Section 402 for fiscal year 2003. If a State does not meet either of the above two criteria, and if funds remain after grants have been awarded to all States that do meet either of the two criteria by July 1 each year, the State will qualify for a one-time grant equal to 200 percent of its apportionment under Section 402 for fiscal year 2003 if it has in effect and is enforcing a conforming primary safety belt law for all passenger motor vehicles that was in effect before January 1, 2003 (States in this category are called Pre-2003 Primary Law States). States that are applying as either New Primary Law States or Pre-2003 Primary Law States must submit the required certification and citation (see Credentials / Documentation above) by July 1 of the year of the grant application. States applying as Safety Belt Performance States must submit the survey result and related certification for each of the two consecutive calendar years preceding the year of the grant application by March 1 of the calendar year immediately following the year in which the survey was conducted.
NHTSA will review the information contained in each State's application for compliance with Section 406 and notify qualifying States in writing of grant awards.
States applying as either New Primary Law States or Pre-2003 Primary Law States must submit the required certification and citation by July 1 of the year of the grant application. States applying as Safety Belt Performance States must submit the safety belt survey result and related certification by March 1 of the year immediately following the year in which the survey was conducted.
Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Section 406, Public Law, as amended, 23 U.S.C. 408.
Range of Approval/Disapproval Time
Applicant should receive a response, from the agency, between 30 to 90 days.
Not applicable. These are one-time grants.
Formula and Matching Requirements
The Federal share payable for grants under Section 406 is 100 percent. Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the Electronic Transfer of Funds method. Funds placed in obligation are available until expended.
Length and Time Phasing of Assistance
Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the Electronic Transfer of Funds method. Funds placed in obligation are available until expended.
Post Assistance Requirements
The Annual Report required under the Section 402 State and Community Highway Safety formula grant program must include a progress report on the prior year's Section 406 program for behavioral highway safety activities.
In accordance with the provisions of OMB Circular No. A-133, "Audits of State and Local Governments, and Nonprofit Organizations," nonfederal entities (including universities) that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, with certain exceptions as Stated in OMB Circular No. A-133. For direct procurement contracts, audits will be conducted in accordance with Federal Acquisition Regulations.
Project sponsor shall retain records for 3 years following submission of a final expenditure report and other project deliverables, all project contract documents, financial records, and supporting documents pending resolution of audit findings.
FY 07 $124,500,000; FY 08 est 124,500,000; and FY 09 est 124,500,000. Note: SAFETEA-LU authorizes $124.5 million for each of the three fiscal years from FY 07 to FY 09.
Range and Average of Financial Assistance
FY 07 - FY 09 Range: $300,000 - $35,000,000.
Regulations, Guidelines, and Literature
Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Public Law 109-59; 23 U.S.C. 408.
Regional or Local Office
See Appendix IV of the Catalog for the addresses of the Regional Offices of the National Highway Traffic Safety Administration.
For program issues, Tami Levitas, Office of Regional Operations and Program Delivery, (NTI-200), NHTSA, 1200 New Jersey Avenue, S.E., Washington, D.C., 20590, by telephone at (202) 366-2121 or by E-mail at email@example.com.
Criteria for Selecting Proposals
Applications from States attempting to qualify as New Primary Law States or Pre-2003 Primary Law States will be reviewed to determine if the State is enforcing a primary safety belt use law that applies to all passenger motor vehicles. Applications from States attempting to qualify as Safety Belt Performance States will be reviewed to determine if the State' safety belt use rate was at or above 85% during each of the two consecutive calendar years immediately preceding the year of the grant application. To qualify for a first-year grant, a State must demonstrate that it has an established multi-disciplinary highway safety data and traffic records coordinating committee; a developed multi-year safety data and traffic records strategic plan, approved by the coordinating committee and containing performance-based measures; certify that the State has adopted and is using the model data elements determined by the Secretary to be useful, or certify that grant funds will be used toward adopting and using the most elements practicable. To qualify for a subsequent-year grant, a State must certify that an assessment or audit of the State traffic records system has been conducted or updated within the preceding 5 years; certify that the coordinating committee continues to operate and supports the multi-year plan; specify how the grant funds and any other funds of the State will support the multi-year strategic plan; demonstrate measurable progress toward achieving the goals and objectives identified in the multi-year plan; and submit a report, showing measurable progress in the implementation of the multi-year plan. The 50 States, District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands and Indian tribes through the Bureau of Indian Affairs are eligible to apply for a grant.
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