Occupant Protection
Funds can only be used to implement and enforce occupant protection programs.
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.
Program Accomplishments
In FY 2007, 36 States, DC, Puerto Rico and 2 Territories received Section 405 grants.
Uses and Use Restrictions
Incentive grant funds are available to States to implement and enforce occupant protection programs, in compliance with established criteria.
Eligibility Requirements
Applicant Eligibility
States, the District of Columbia, Puerto Rico, American Samoa, Guam, Northern Marianas, Virgin Islands, and the Bureau of Indian Affairs.
Beneficiary Eligibility
State Highway Safety agencies.
Credentials/Documentation
A State submits certification and application that it meets eligibility requirements; after being informed by NHTSA that it is eligible for a grant, the State submits to the agency a plan that describes the programs the State will implement using the funds.
Aplication and Award Process
Preapplication Coordination
NHTSA Regional Administrator coordinates qualification process with the Office of Injury Control Operations and Resources.
This 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.
Application Procedures
Certifications, signed by the Governor's Representative for Highway Safety, are due no later than February 15 of each fiscal year to the appropriate NHTSA Regional Administrator. To apply for grant funds in a fiscal year, a State must submit the certification required by Federal Register, Vol. 7, No. 218, Monday, November 14, 2006, signed by the Governor's Representative for Highway Safety, to the appropriate NHTSA Regional Administrator.
Award Procedures
A State submits certification that it meets eligibility requirements. After being informed by NHTSA that it is eligible for a grant, the State submits to the agency a plan that describes the programs the State will implement using the funds. 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. NHTSA notifies the Governor in a letter that the State has met the requirements for a Section 405 grant. The letter also describes the amount of the grant award.
Deadlines
Application proposals and certifications are due by February 15 of each year.
Authorization
Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Part 1345, Section 2004, Public Law 109-59, as amended, 23 U.S.C. 402.
Range of Approval/Disapproval Time
Program plan and funds should be obligated within 30 days of receipt of award letter.
Appeals
Not applicable.
Renewals
States are eligible for up to 6 years under this program. They must be certified and a plan must be submitted each year.
Assistance Considerations
Formula and Matching Requirements
Under the 405 program, basic grant funding is up to 100 percent of their Section 402 apportionment for FY 2003. The Federal share shall not exceed 75 percent in the first and second years, 50 percent in the third and fourth years, and 25 percent in the fifth and subsequent years.
Length and Time Phasing of Assistance
The Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the electronic transfer of funds method of payment. Funds placed in obligation are available until expended.
Post Assistance Requirements
Reports
Annual program plan for next year's funding must include a progress report on the prior year's program and accomplishments.
Audits
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 the Federal Acquisition Regulations.
Records
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.
Financial Information
Account Identification
69-8020-0-7-401.
Obigations
Grants FY 07 $25,000,000; est FY 08 $25,000,000; and FY 09 est $25,000,000.
Range and Average of Financial Assistance
FY 07 Range: $79,937 - $2,989,991.
Regulations, Guidelines, and Literature
Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Part 1345, Section 2004, Public Law 109-59, as amended, 23 U.S.C. 402.
Information Contacts
Regional or Local Office
See Appendix IV of the Catalog for the addresses Regional Offices of the National Highway Traffic Safety Administration.
Headquarters Office
Judy Hammond, Office of Traffic Injury Control, Office of Regional Operations and Program Delivery (NTI-200), NHTSA, 1200 New Jersey Avenue, S.E., Washington, DC, 20590, by telephone at (202) 366-2121 or by e-mail at judy.hammond@dot.gov.
Criteria for Selecting Proposals
States must meet 4 out of 6 criteria established by statute and regulation including safety belt use law for all passengers, primary safety belt use law, minimum fine or penalty points, statewide special traffic enforcement programs, child passenger protection education program, and child passenger protection law.
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