Wisconsin Emergency Management (WEM)
Notice of Funding Opportunity (NOFO)

Applications must be submitted in
Egrants on or before Tuesday, March 31, 2026

1. BASIC INFORMATION
   • 1.1 Executive Summary
   • 1.2 Eligible Applicants
   • 1.3 Anticipated Funding for This Opportunity
   • 1.4 Funding Source Information
   • 1.5 Key Dates
   • 1.6 Contact Information
2. PROGRAM DESCRIPTION
3. ELIGIBILITY
   • 3.1 Eligible Applicants
   • 3.2 Eligible Costs
   • 3.3 Funding Restrictions
   • 3.4 Eligible Activities and Outcomes
   • 3.5 Cost Share
4. APPLICATION REQUIREMENTS
   • 4.1 Application Requirements and Submission Deadlines
   • 4.2 Requirements and Actions Prior To Applying
   • 4.3 Egrants Application Content and Forms
   • 4.4 Application Requirements After Submission and Prior to Award
5. APPLICATION REVIEW INFORMATION
   • 5.1 Responsiveness Review
   • 5.2 Review Criteria and Selection Process
   • 5.3 Risk Assessment
6. AWARD NOTICES
   • 6.1 Expectations Prior to Award and Anticipated Announcement Dates
   • 6.2 Grant Award Notices
7. POST-AWARD REQUIREMENTS AND ADMINISTRATION
   • 7.1 Administrative and National Policy Requirements
   • 7.2 Monitoring and Reporting
   • 7.3 Modifications
   • 7.4 Reimbursement Requests and Payments
8. RESOURCES AND OTHER INFORMATION

• APPENDIX I: SPECIAL CONDITIONS
• APPENDIX II: PHMSA STANDARD TERMS & CONDITIONS
• APPENDIX III: REVIEW MATRIX AND SCORING SHEET

1 Basic information

1.1 Executive Summary

This grant will provide funds for county government planning activities in obtaining a commodity flow study to increase their jurisdictions’ effectiveness in safely and efficiently handling accidents and incidents related to commercial transportation of hazardous materials. This is the initial announcement of the second edition for this funding opportunity.

1.2 Eligible Applicants

This grant is limited to County Emergency Management programs on behalf of LEPC’s for an individual or multi-county Commodity Flow Study.

1.3 Anticipated Funding for This Opportunity

• Total amount of funds available: $40,000.00
• Anticipated number of awards: 5
• Anticipated grant award amount: $8,000.00
• Cost share: There is no local cost share requirement for this funding opportunity.

1.4 Funding Source Information

• Authorization: Pipeline and Hazardous Materials Safety Administration (PHMSA) HMEP Federal Award Identification Number (FAIN) 693JK32540074HMEP dated September 30, 2025.
• Assistance Listing Number (for Single Audit requirement): 20.703

1.5 Key Dates

• Application due date: Tuesday, March 31, 2026
• Award dates
  • Anticipated grant performance/budget period (grant period): 4/20/2026 – 8/31/2026
  • Anticipated notice of award date: 4/13/2026
  • Signed Grant Award Agreements due: 4/20/2026
• Post-award dates
  • Program Reports due: 7/12/2026, 9/30/2026
  • Fiscal Reports/Reimbursement Requests due: 7/12/2026, 9/30/2026

1.6 Contact Information

Grant Manager: Anita Smith, HMEP Grant Manager
Phone: 715-635-2498
Email/MS Teams: anita.smith@widma.gov

2 Program Description

Hazardous Materials Emergency Preparedness (HMEP) funds from the Pipeline and Hazardous Materials Safety Administration (PHMSA) authorized by the U.S. Department of Transportation (DOT) under the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005 Federal Award Identification Number (FAIN) 693JK32540074HMEP dated September 30, 2025.

This grant will provide funds for county government planning activities in obtaining a commodity flow study to increase their jurisdictions’ effectiveness in safely and efficiently handling accidents and incidents related to commercial transportation of hazardous materials. Funding from this grant opportunity will be used to hire a consultant/contractor to complete the study. WEM will provide hazardous materials data to develop commodity flow patterns.

Refer to the PHMSA published document, “Hazardous Materials Commodity Flow Data and Analysis”. The Commodity Flow Study should include, but is not limited to:

• Assess flow patterns of hazmat transported into, out of, within, and through a jurisdiction.
• Assessment of local response capabilities and resources to a transportation hazmat incident.
• General preparedness planning for improvement and implementation of hazmat transportation-related emergency plans.

Outcomes of the HMEP grant will enhance safety and benefit families and communities by improving the quality of their lives.

3 Eligibility

3.1 Eligible Applicants

The Project Director or individual that submits an application on behalf of an entity is certifying that they have the authority to obligate the applicant to all requirements in this NOFO including all rules and regulations identified in the Post-Award Requirements and Administration section of this NOFO, and that the applicant and Project Director are willing and able to comply.

Per federal regulations 2 CFR Part 25, all applicants are required to have a valid Unique Entity Identifier (UEI) number in System for Award Management (SAM) before applying. If the applicant is exempt under 2 CFR 25.110(b) or (c), or has an exception approved by the federal awarding agency under 2 CFR 25.110(d), please reach out to the grant contact.

Per federal regulations 2 CFR Part 180, any entity debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities is ineligible under this funding opportunity.

County LEPC’s may submit one application under this grant announcement. Application may be for applicant’s individual county or for a joint project with other counties. Applicant County LEPC will be the Lead to serve as the fiscal agent and complete all Egrants requirements.

See the Requirements and Actions Prior To Applying and Responsiveness Review sections section of this NOFO for more information.

3.2 Eligible Costs

All expenses related to this grant must be allowable, reasonable, allocable, and incurred within the grant’s performance and budget period (grant period). Applicants that accept funding are responsible for all sustainment costs.

3.3 Funding Restrictions

The following costs are prohibited, and any violation may result in a range of penalties, including suspension of current and future funds under this program, suspension, or debarment from federal grants, repayment of monies provided under a grant, and civil and/or criminal penalties.

Supplanting is prohibited. Supplanting is the substitution of existing state or local government funding with grant funds. However, supplementing is allowed in which the funds are used in addition to the existing budget. Costs may not be charged to other financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal or state statutes, regulations, or Terms and Conditions of the awards; or for other reasons.

Duplication of benefits are prohibited. Duplication of benefits is any cost that is approved under other financial assistance for the same purpose and within the same performance period.
Furthermore, any costs that exceed the amount that would have been allowed using the entity’s normal operating policies and procedures are not allowed.

Pre-award costs are prohibited. Any cost or activity that occurs prior to the date the award agreement is signed by the recipient is considered pre-award costs and may not be allowable for reimbursement under the grant.

3.4 Eligible Activities and Outcomes

The activity supported by this grant must contribute to the achievement of the program’s goals, objectives, and priorities described in the Program Description section above. Any activity that occurs outside this grant’s performance period is unallowable. Entities that incur costs or conduct grant activities prior to a signed grant award agreement (pre-award costs), do so at their own risk.

3.5 Cost Share

There are no local cost share requirements for this funding opportunity. Any costs over the eligible award amount will be the responsibility of the applicant.

4 Application Requirements

4.1 Application Requirements and Submission Deadlines

Applications must be submitted through the Egrants online grants management system accessible at https://wem.egrants.us on or before Tuesday, March 31, 2026.

The act of submitting an application in Egrants certifies that the applying agency and Project Director are willing and able to comply with all requirements in this NOFO, including all rules and regulations identified in the Post-Award Requirements and Administration section of this NOFO. If your agency is not able to comply with all requirements, you are encouraged to forego applying for these grant funds.

Failure to submit the Egrants application by the posted deadline and/or respond to requests from WEM, may lead to recission of grant funding. Any delays in resubmitting a returned application, therefore delaying WEM’s ability to approve the application, will result in a delayed grant start date and in turn, delay the applicant’s ability to incur expenses on the grant.

The application components, forms, and guidance are outlined in the Egrants Application Content and Forms section below. For special accommodations, WEM’s Reasonable Accommodation Policy is available on WEM’s website https://wem.wi.gov/grant-admin-tools/.

4.2 Requirements and Actions Prior To Applying

4.3 Egrants Application Content and Forms

Through Egrants, you will provide WEM with detailed information about your project that will be used to make a funding decision. If applicable, applications in Egrants should align with what was submitted and approved in the pre-application phase to be considered.

Information provided in this application may be cited in WEM reports or press releases and used in reports to federal funding agencies or other stakeholders. To be considered for award, all application components, forms, and information provided must be completed in their entirety as described below.

Standard requirements, contents, forms, instructions, and technical assistance are in the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/. Additional requirements and application sections specific to this funding opportunity are provided below.

4.4 Application Requirements After Submission and Prior to Award

In the event that submitted applications are less than or equal to the number of awards available, the Grant Manager may reach out for additional information during WEMs responsiveness review and an application may be returned for corrections if it fails to meet the requirements outlined in this NOFO. See Responsiveness Review section for more information.

In the event that submitted applications exceed the number of awards available, this grant will be reviewed as a competitive grant. See Review Criteria and Selection Process section for more information. Applications that do not pass WEM’s responsiveness review may not be returned for corrections; however, the Grant Manager may reach out to clarify items or to propose an amended budget in which case the application would be returned to the applicant to amend.

If the application is returned for any of the reasons above, the Grant Manager will add issues and/or comments in Egrants and contact the Project Director when an application is returned. Refer to the WEM Egrants User Guide for instructions on how to view the issues and comments in Egrants, make corrections, and re-submit the application. Failure to respond to requests from WEM, may lead to recission of grant funding. Any delays in resubmitting a returned application and therefore delaying WEM’s ability to approve the application, will result in a delayed performance period start date and in turn, delay the applicant’s ability to incur expenses on the grant.

5 Application review Information

5.1 Responsiveness Review

All applications submitted on or before the deadline, will be screened for completeness and compliance with the eligibility and instructions provided in this announcement. If applicable, applications in Egrants must align with what was approved in the pre-application phase in order to be considered. Only applications successfully submitted in the online grant management system Egrants by the application due date will be considered and reviewed.

5.2 Review Criteria and Selection Process

To determine funding priorities and final awards, applications that have successfully passed WEM’s responsiveness review will be evaluated and ranked for merit above and beyond the review for completeness, eligibility, and compliance with this NOFO.

If this is a competitive grant, applications will be evaluated by WEM personnel. Refer to Review Matrix and Scoring Sheet Appendix III.

5.3 Risk Assessment

Applicants will be reviewed for previously reported issues that indicate a level of risk to WEM. This may include, but is not limited to, a review of completed Single Audits as well as entities previously reported as suspended or disbarred.

6 Award Notices

6.1 Expectations Prior to Award and Anticipated Announcement Dates

Applicants that successfully submitted a complete application in Egrants and have been approved for award will be notified in approximately 30 days from the approval of the application in Egrants by the receipt of a grant agreement. No additional actions are necessary unless requested by WEM.

6.2 Grant Award Notices

If WEM grants an application for award, an authorized representative of your agency will be required to sign an agreement with WEM that sets forth your agency’s obligations with respect to the funds (the Grant Agreement). The Grant Agreement will incorporate this NOFO and all Terms and Conditions as set forth by the Post-Award Requirements and Administration section of this NOFO. The terms are non-negotiable. Please review the entirety of each document carefully prior to applying for the grant to ensure that your agency will be able to fulfill all obligations set forth in them should its application be approved. If your agency can fulfill all obligations, it may wish to start whatever process is necessary to get the authority to sign the Grant Agreement as soon as possible so that, if WEM approves your agency’s application, the Grant Agreement can be signed and the funds made available expeditiously.

The grant will be considered ‘awarded’ once the recipient agency has signed the grant award agreement. The grant award agreement should be returned to WEM prior to the grant performance period start date as indicated in Egrants to ensure all allowable activities and costs incurred within the grant period are reimbursable. Any grant activity and costs incurred within the grant period but before applying agency has signed the grant award agreement, may not be allowable for reimbursement.

7 Post-Award Requirements and Administration

7.1 Administrative and National Policy Requirements

The following requirements are non-negotiable as set forth in your agency’s obligations in respect to the grant funds awarded. Please review the entirety of each document carefully prior to applying for the grant to ensure that your agency will be able to fulfill all obligations set forth in them should its application be approved. If your agency is not able to do so, you are encouraged to forego applying for these grant funds.

7.2 Monitoring and Reporting

If awarded a grant, your agency will be responsible for completing the following reports and submitting the following items in Egrants to receive reimbursement.

7.3 Modifications

Any request to modify an approved award must be submitted in Egrants for pre-approval prior to the activity occurring or expenses incurred. Any related expenses incurred prior to receipt of a signed GAN modification approval are not eligible for reimbursement. All modification requests will be reviewed by the Grant Manager for approval. All final grant modification decisions will be made by the WEM Administrator. Modifications are not considered final until WEM provides a signed Grant Adjustment Notification (GAN).

At a minimum, modification requests must be submitted to WEM via Egrants per the DMA/WEM Standard Terms & Conditions which covers the items below.

Technical guidance and additional information are included in the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/.

7.4 Reimbursement Requests and Payments

8 Resources and other information

8.1 Resources

• Resources and technical assistance are available on WEM’s website under Grant Administrative Tools https://wem.wi.gov/grant-admin-tools/.
• Egrants technical assistance including contact information for system issues is available in the WEM Egrants User Guide found on WEM’s website https://wem.wi.gov/grant-admin-tools/.
• Egrants technical assistance for submitting a fiscal report is available in the Egrants Job Aid: Submitting A Fiscal Report found on WEM’s website https://wem.wi.gov/grant-admin-tools/.
• Commodity Flow Study report Project HM-01: Hazardous Materials Commodity Flow Data and Analysis is found on PHMSA website https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/hazardous-materials-commodity-flow-data-and-analysis.

Appendix I: Special Conditions

Your grant award will be subject to standard terms and conditions as well as the following special conditions. If you are awarded funds under this announcement, you will be required to provide regular progress reports in the Grant Management System Egrants, as well as upload proper documentation to verify compliance with the conditions below as specified.

1. Publications Acknowledgement

All final reports or other documents must include the following statement:

“Prepared by the (        ) County Local Emergency Planning Committee (LEPC) with funding assistance by the U. S. Department of Transportation, Hazardous Materials Emergency Preparedness (HMEP) planning sub-grant, administered by Wisconsin Emergency Management.”

Appendix II: PHMSA Standard Terms & Conditions

1. Order of Precedence

Any inconsistency or conflict in the terms and conditions specified in this award will be resolved according to the following order of precedence:

1. The Federal statute authorizing this award or any other Federal statutes, laws, regulations, or directives directly affecting performance of this award.
2. Terms and Conditions of this award.

2. Applicable Federal Law and Regulations

By entering into this agreement for a FY 2025 Hazardous Material Emergency Preparedness Grant, the Grantee assures and certifies, with respect to this Grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project.

Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to WEM and the Grantee. The applicable provisions to this agreement include, but are not limited to, the following:

General Federal Legislation

1. Hatch Act – 5 U.S.C. §§ 1501, et seq., but see 49 U.S.C. § 5323(l)(2)
2. Age Discrimination Act of 1975 – 42 U.S.C. §§ 6101, et seq.
3. American Indian Religious Freedom Act, Pub. L. No. 95-341, as amended
4. Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101, et seq.
5. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Pub. L. No. 91-616, as amended – 42 U.S.C. §§ 4541, et seq.
6. Sections 523 and 527 of the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd through 290dd-2
7. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.
8. National Environmental Policy Act of 1969 – 42 U.S.C. §§ 4321, et seq.
9. Single Audit Act of 1984 – 31 U.S.C. §§ 7501, et seq.
10. Americans with Disabilities Act of 1990 – 42 U.S.C. § 12101, et seq.
11. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. § 1681 through § 1683, and § 1685 through § 1687
12. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. § 794
13. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. §§ 2000d et seq.
14. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C. §§ 1101-1104, 541, et seq.
15. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. § 1352
16. Freedom of Information Act – 5 U.S.C. § 552, as amended
17. Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303 and 23 U.S.C. § 138
18. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. No. 109-282, as amended by section 6202 of Pub. L. No. 110–252)
19. Cargo Preference Act of 1954 – 46 U.S.C. § 55305
20. Build America, Buy America Act, Pub. L. No. 117-58, div. G §§ 70901–70927
21. Bringing in and harboring certain aliens – 8 U.S.C. 1324
22. Aiding or assisting certain aliens to enter – 8 U.S.C. 1327

Executive Orders

1. Executive Order 11990 – Protection of Wetlands
2. Executive Order 12372 – Intergovernmental Review of Federal Programs
3. Executive Order 12549 – Debarment and Suspension
4. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers
5. Executive Order 14025 – Worker Organizing and Empowerment
6. Executive Order 14149, Restoring Freedom of Speech and Ending Federal Censorship
7. Executive Order 14154, Unleashing American Energy
8. Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing
9. Executive Order 14168 Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
10. Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity

General Federal Regulations

1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 CFR Parts 200, 1201
2. Non-procurement Suspension and Debarment – 2 CFR Parts 180, 1200
3. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 CFR Parts 60, et seq.
4. New Restrictions on Lobbying – 49 CFR Part 20
5. Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 – 49 CFR Part 21, including any amendments thereto
6. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 CFR Part 25
7. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 CFR Part 27
8. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 CFR Part 28
9. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 CFR Part 32
10. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 CFR Parts 37 and 38
11. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 CFR Part 26 (as applicable under section 12 of this agreement), including any amendments thereto
12. National Environmental Policy Act implementing regulations– 40 CFR 1500 – 1508.

Specific assurances required to be included in the FY 2025 Hazardous Material Emergency Preparedness Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this agreement.

3. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200)

The Grantee must comply with these requirements including the cost principles which apply to the recipient, and the audit requirements the recipient must follow. A Grantee who expends $1,000,000 or more of federal funds, in the recipient’s fiscal year, must have an audit conducted. 2 CFR 200 is incorporated by reference into this award.

4. Federal Law and Public Policy Requirements.

1. The Grantee shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
2. Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, the Grantee agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code.
3. Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, by entering into this agreement, the Grantee certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws.
4. The failure of this agreement to expressly identify Federal law applicable to the Grantee or activities under this agreement does not make that law inapplicable.

5. Restrictions on Use of Funds for Lobbying, Support of Litigation, or Direct Advocacy costs associated with obtaining Federal assistance awards.

The Grantee and its contractors may not use grant funds for lobbying in direct support of litigation, or in direct advocacy for, or against, a pipeline construction or expansion project. The Grantee and its contractors may not conduct political lobbying, as defined in the statutes, regulations, and 2 CFR 200.450 – “Lobbying,” within the Federally-supported project. The Grantee and its contractors may not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. The Grantee and its contractors must comply with 49 CFR 20, U.S. Department of Transportation “New Restrictions on Lobbying.” 49 CFR 20 is incorporated by reference into this award.

6. Nondiscrimination

The Grantee must comply with Title VI of the Civil Right Act of 1964, which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, be subject to discrimination under any program or activity receiving Federal financial assistance. The Grantee must comply with 49 CFR 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964.” 49 CFR 21 is incorporated by reference into this award.

7. Drug-Free Workplace

The Grantee must comply with the provisions of Public Law 100-690, Title V, Subtitle D, “Drug-Free Workplace Act of 1988,” which require the Recipient to take steps to provide a drug-free workplace. The Recipient must comply with 49 CFR 32, “Government-wide Requirements for Drug Free Workplace (Financial Assistance)” which is incorporated by reference into this award.

8. Small and Disadvantaged Business Requirements

The Grantee shall expend those funds in compliance with the requirements at 2 CFR 200.321, including any amendments thereto.

9. Seat Belt Use Policies and Programs

In accordance with Executive Order 13043, the Grantee is encouraged to adopt on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section on NHTSA’s website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in Washington, D.C. dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user-friendly program kit, and an award for achieving the President’s goal of 85 percent seat belt use. NETS can be contacted at 1-888-221- 0045 or visit its website at www.trafficsafety.org.

10. Rights in Technical Data

Rights to intangible property under this agreement are governed in accordance with 2 CFR 200.315 “Intangible Property.”

11. Reporting Fraud, Waste, or Abuse

The DOT Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. Such reports are kept confidential and callers may decline to give their names if they choose to remain anonymous.

The number is: (800) 424-9071
Email: hotline@oig.dot.gov
Web: http://www.oig.dot.gov/Hotline
The mailing address is:
DOT Inspector General Hotline
1200 New Jersey Ave SE West Bldg. 7th Floor Washington, DC 20590

12. Ban on Text Messaging While Driving

1. Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10 and the E.O. For clarification purposes, they may expand upon the definitions in the E.O.
   
   “Driving”- means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.
   
   “Text messaging” — means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law.
2. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, financial assistance recipients and subrecipients of grants and cooperative agreements are encouraged to:
   1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving–
      1. Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or
      2. Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
   2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as-
      1. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
      2. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
3. Assistance Awards. All recipients and subrecipients of financial assistance to include: grants, cooperative agreements, loans and other types of assistance, shall insert the substance of this clause, including this paragraph (c), in all assistance awards.

13. Combating Trafficking in Persons (PHMSA May 2024)

PHMSA may terminate grants, cooperative agreements, or take any of the other remedial actions authorized under 22 U.S.C. 7104(g), without penalty, if the grantee or any subgrantee, engages in, or uses labor recruiters, brokers, or other agents who engage in-

1. severe forms of trafficking in persons;
2. the procurement of a commercial sex act during the period of time that the grant, or cooperative agreement is in effect;
3. the use of forced labor in the performance of the grant or cooperative agreement; or
4. acts that directly support or advance trafficking in persons, including the following acts:
   1. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents.
   2. Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless-
      1. exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant, or cooperative agreement; or
      2. the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action.
   3. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment.
   4. Charging recruited employees unreasonable placement or recruitment fees, such as fees equal to or greater than the employee’s monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited.
   5. Providing or arranging housing that fails to meet the host country housing and safety standards.

14. 811, Call Before You Dig Program (PHMSA May 2024)

Damage to pipelines during excavation is a leading cause of accidents resulting in serious injuries and fatalities, but these accidents are preventable, and you can help in preventing them. 811 is designated as the national call-before-you-dig number. Every state has a one-call law requiring excavators to have underground utilities marked before digging. The recipient is encouraged to adopt the “811, Call Before You Dig” program for its employees and contractors when digging on company-owned, leased, or personally owned property. For information on how to implement such a program please visit the 811 – Call Before You Dig section of Pipeline and Hazardous Materials Safety Administration’s (PHMSA’s) website at www.phmsa.dot.gov.

15. Access to Electronic and Information Technology (PHMSA May 2024)

Each Electronic and Information Technology (EIT) product or service, furnished under this award, must be in compliance with the Electronic and Information Technology Accessibility Standard (36 CFR 1194), which implements Section 508 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794d. The PHMSA Office of Civil Rights will respond to any questions and will certify Section 508 compliance for the requirement. You can reach the PHMSA Office of Civil Rights at phmsa.civilrights@dot.gov, or 202-366-9638.

16. Prohibition on Awarding to Entities that Require Certain Internal Confidentiality Agreements (PHMSA FEB 2015)

1. The Grantee shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.
2. The Grantee shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered herein are no longer in effect.
3. The prohibition in paragraph (a) above does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
4. In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (P.L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Grantee is not in compliance with the provisions herein. The Government may seek any available remedies in the event the Grantee fails to comply with the provisions herein.

17. Copyrights

PHMSA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal government purposes:

1. The copyright in any work developed under a grant, sub award, or contract under a grant or sub award; and
2. Any rights of copyright to which a recipient, sub-recipient, or contractor purchases ownership with grant support.

18. American Materials Required (PHMSA MAY 2024)

If articles, materials, or supplies, are required: Per 41 USC 8302, only unmanufactured articles, materials, and supplies, that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies minded, produced, or manufactured in the United States, shall be acquired under this award unless PHMSA determines their acquisition to be inconsistent with the public interest of their cost to be unreasonable. This requirement does not apply:

1. to articles, materials, or supplies for use outside the United States;
2. if articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produces, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality; and
3. to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold.

19. Reporting Grantee Executive Compensation/First Tier Sub-Awards (PHMSA May 2024)

1. Definitions. As used in this provision:
   
   “Executive” means an officer or any other employee in a management position.
   
   “First-tier sub-award” means an award issued directly by the prime Awardee (WEM) to a sub- awardee (the Grantee) to provide support for the performance of any portion of the substantive project or program for which the award was received. A sub-award includes an agreement that the prime Awardee or a sub-awardee considers a contract.
   
   “Total compensation” means the cash and noncash dollar value earned by the executive during the Awardee’s preceding fiscal year and includes all items of compensation as prescribed in 17 CFR 229.402(c)(2)).
2. System for Award Management (SAM). As a Grantee you are required to register in the System for Award Management (SAM) at: https://www.sam.gov
3. Notification to Sub-Awardees. Awardees are required to report information on sub-awards. The law requires all reported information be made public; therefore, the Awardee is responsible for notifying its sub-awardees that the required information will be made public.
4. Reporting of First-Tier Sub-Awards. By the end of the month following the month of award of a first-tier sub-award with a value of $25,000 or more, the Awardee shall report the information below at http://www.fsrs.gov for each first-tier sub-award. (The Awardee shall follow the instructions at http://www.fsrs.gov to report the data.) If the Awardee, in the previous tax year, had gross income from all sources under $300,000, the Awardee is exempt from the requirement to report subcontractor awards. If a sub- awardee, in the previous tax year had gross income from all sources under $300,000, the Awardee does not need to report awards made to that sub-awardee.
   1. Unique Entity Identifier (The Unique Entity ID is a 12-character alphanumeric ID assigned to an entity by SAM.gov) for the sub-awardee receiving the award, and for the sub-awardee’s parent company, if the sub- awardee has a parent company.
   2. Name of the sub-awardee.
   3. Amount of the sub-award.
   4. Date of the sub-award.
   5. A description of the effort being provided under the sub-award, including the overall purpose and expected outcome or result of the sub-award.
   6. Sub-award number (assigned by the Awardee).
   7. Sub-awardee’s physical address including street address, city, state, country, 9-digit zip code, and congressional district.
   8. Sub-awardee’s primary performance location including street address, city, state, country, 9-digit zip code, and congressional district.
   9. The prime award number (assigned by PHMSA)
   10. Awarding agency name. (PHMSA)
   11. Funding agency name. (PHMSA)
   12. Government awarding office code. (56)
   13. Treasury account symbol (TAS) as reported in Federal Assistance Award Data System.
   14. The applicable North American Industry Classification System (NAICS) code.
5. Reporting Executive Compensation of Sub-Awardees. IIf a sub-awardee, in the previous tax year had gross income from all sources under $300,000, the Awardee does not need to report the executive compensation of that sub-awardee. By the end of the month following the month of a first-tier sub-award with a value of $25,000 or more, and annually thereafter, the Awardee shall report the names and total compensation of each of the five most highly compensated executives for each first-tier sub- awardee for the sub-awardee’s preceding completed fiscal year at http://www.fsrs.gov, if in the sub-awardee’s preceding fiscal year, the sub-awardee received:
   1. 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and sub-awards), cooperative agreements, other transaction agreements; and
   2. $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and sub-awards), cooperative agreements, other transaction agreements; and
   3. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

Appendix III: Review Matrix and Scoring Sheet

1. Potential Benefit: Up to 5 points – The application will be evaluated for potential benefit to the LEPC, and the area covered by the project. Projects should complement or enhance existing planning activities/projects or enhance statewide efforts to determine hazmat training needs. Projects should specifically address commercial transportation planning issues.
2. Priority Need: Up to 5 points – The application should demonstrate a priority need for assistance under the subgrant. Determination of this priority need will consider, to the extent possible, the type of hazardous materials being addressed by the proposed project and the risks, potential exposure, and health effects associated with these chemicals within the county, the community, or area intended to benefit from the project; the needs of the county; and whether or not the county has a county team.
3. Technical Soundness: Up to 5 points – The application will be evaluated to determine technical soundness, appropriateness of the project in addressing the issues and objectives identified.
4. Fiscal Soundness: Up to 5 points – The application will be evaluated for fiscal soundness, including efficient use of the funds being requested, whether or not the funding requested is reasonably appropriate for the project to be accomplished.
5. Benefits Families and Communities: Up to 5 points – The applicant’s county name will determine scoring based on marriage and birth rates which are higher than the national average. Benefits to families and communities will enhance safety and improve the quality of their lives.