23 CFR Part 1300 — Uniform Procedures for State Highway Safety Grant Programs

PART 1300—UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY GRANT PROGRAMS Authority: 23 U.S.C. 402; 23 U.S.C. 405; Sec. 1906, Pub. L. 109-59, 119 Stat. 1468, as amended by Sec. 25024, Pub. L. 117-58, 135 Stat. 879; delegation of authority at 49 CFR 1.95. Source: 88 FR 7804, Feb. 6, 2023, unless otherwise noted. Subpart A—General § 1300.1 Purpose. This part establishes uniform procedures for State highway safety programs authorized under 23 U.S.C. Chapter 4 and Sec. 1906, Public Law 109-59, as amended by section 25024, Public Law 117-58. § 1300.2 [Reserved] § 1300.3 Definitions. As used in this part— Annual grant application Annual Report File Automated traffic enforcement system Carry-forward funds Community Contract authority Countermeasure strategy for programming funds countermeasure strategy i.e., Data-driven Evidence-based Fatality Analysis Reporting System (FARS) Final FARS Fiscal year Governor Governor's Representative for Highway Safety Highway safety program Indian country NHTSA Performance measure Performance target Political subdivision of a State Problem identification Program area Project (or funded project) Project agreement Project agreement number Public road Section 402 Section 405 Section 1906 Serious injuries State State highway safety improvement program State strategic highway safety plan Triennial Highway Safety Plan (triennial HSP) [88 FR 7804, Feb. 6, 2023, as amended at 90 FR 31593, July 15, 2025; 91 FR 35397, June 11, 2026] § 1300.4 State highway safety agency—authority and functions. (a) In general. (b) Authority. (1) Develop and execute the triennial Highway Safety Plan, annual grant application, and highway safety program in the State; (2) Manage Federal grant funds effectively and efficiently and in accordance with all Federal and State requirements; (3) Foster meaningful public participation and engagement from affected communities; (4) Obtain information about highway safety programs and projects administered by other State and local agencies; (5) Maintain or have access to information contained in State highway safety data systems, including crash, citation or adjudication, emergency medical services/injury surveillance, roadway and vehicle recordkeeping systems, and driver license data; (6) Periodically review and comment to the Governor on the effectiveness of programs to improve highway safety in the State from all funding sources that the State plans to use for such purposes; (7) Provide financial and technical assistance to other State agencies and political subdivisions to develop and carry out highway safety strategies and projects; and (8) Establish and maintain adequate staffing to effectively plan, manage, and provide oversight of projects implemented under the annual grant application and to properly administer the expenditure of Federal grant funds. (c) Functions. (1) Develop and prepare the triennial HSP and annual grant application based on evaluation of highway safety data, including crash fatalities and injuries, roadway, driver, demographics and other data sources to identify safety problems within the State; (2) Establish projects to be funded within the State under 23 U.S.C. Chapter 4 based on identified safety problems and priorities and projects under Section 1906; (3) Conduct risk assessments of subrecipients and monitor subrecipients based on risk, as provided in 2 CFR 200.332; (4) Provide direction, information and assistance to subrecipients concerning highway safety grants, procedures for participation, development of projects and applicable Federal and State regulations and policies; (5) Encourage and assist subrecipients to improve their highway safety planning and administration efforts; (6) Review, approve, and evaluate the implementation and effectiveness of State and local highway safety programs and projects from all funding sources that the State plans to use under the triennial HSP and annual grant application, and approve and monitor the expenditure of grant funds awarded under 23 U.S.C. Chapter 4 and Section 1906; (7) Assess program performance through analysis of highway safety data and data-driven performance measures; (8) Ensure that the State highway safety program meets the requirements of 23 U.S.C. Chapter 4, Section 1906, and applicable Federal and State laws, including but not limited to the standards for financial management systems required under 2 CFR 200.302 and internal controls required under 2 CFR 200.303; (9) Ensure that all legally required audits of the financial operations of the State highway safety agency and of the use of highway safety grant funds are conducted; (10) Track and maintain current knowledge of changes in State statutes or regulations that could affect State qualification for highway safety grants or transfer programs; (11) Coordinate the triennial HSP, annual grant application, and highway safety data collection and information systems activities with other federally and non-federally supported programs relating to or affecting highway safety, including the State SHSP as defined in 23 U.S.C. 148(a); and (12) Administer Federal grant funds in accordance with Federal and State requirements, including 2 CFR parts 200 and 1201. § 1300.5 Due dates—interpretation. If any deadline or due date in this part falls on a Saturday, Sunday or Federal holiday, the applicable deadline or due date shall be the next business day. Subpart B—Triennial Highway Safety Plan and Annual Grant Application § 1300.10 General. To apply for any highway safety grant under 23 U.S.C. Chapter 4 and Section 1906, a State shall submit electronically and according to the due dates in §§ 1300.11 and 1300.12— (a) A triennial Highway Safety Plan meeting the requirements of this subpart; and (b) An annual grant application. § 1300.11 Triennial Highway Safety Plan. The State's triennial Highway Safety Plan documents a three-year period of the State's highway safety program that is data-driven in establishing performance targets and selecting the countermeasure strategies for programming funds to meet those performance targets. (a) Due date for submission. (b) Contents. (1) Highway safety planning process and problem identification. i.e., (ii) Description and analysis of the State's overall highway safety problems as identified through an analysis of data, including but not limited to fatality, injury, enforcement, judicial, geospatial and sociodemographic data. (2) [Reserved] (3) Performance plan. (ii) All performance measures developed by NHTSA in collaboration with the Governors Highway Safety Association (“Traffic Safety Performance Measures for States and Federal Agencies” (DOT HS 811 025)), as revised in accordance with 23 U.S.C. 402(k)(5) and published in the Federal Register, (A) At least one performance measure and performance target that is data-driven shall be provided for each program area identified by the State during the planning process conducted under paragraph (b)(1) of this section that enables the State to track progress toward meeting the quantifiable annual target; (B) For each program area performance measure, the State shall provide— ( 1 ( 2 1 ( 3 (C) Except as provided in paragraph (b)(3)(iv) of this section, State HSP performance targets are identical to the State DOT targets for common performance measures (fatality, fatality rate, and serious injuries) reported in the HSIP annual report, as coordinated through the State SHSP. (iii) Additional performance measures not included under paragraph (b)(3)(ii) of this section. For program areas identified by the State where performance measures have not been jointly developed (e.g., risky drivers, vulnerable road users, etc.) and for which States are using highway safety program grant funds, the State shall develop its own performance measures and performance targets that are data-driven, and shall provide the same information as required under paragraph (b)(3)(ii) of this section. (iv) For fiscal year 2024 only, the performance targets submitted for common performance measures under paragraph (b)(3)(ii)(C) of this section are not required to be identical to the State DOT targets reported in the HSIP annual report. (4) Countermeasure strategy for programming funds. (i) The problem identified during the planning process described in paragraph (b)(1) of this section that the countermeasure strategy addresses and a description of the link between the problem identification and the countermeasure strategy; (ii) A list of the countermeasures that the State will implement, including— (A) For countermeasures rated 3 or more stars in Countermeasures That Work, Countermeasures That Work; (B) For all other countermeasures, provide justification supporting the countermeasure, including available data, data analysis, research, evaluation and/or substantive anecdotal evidence, that supports the effectiveness of the proposed countermeasure strategy; (iii) Identification of the performance target(s) the countermeasure strategy will address, along with an explanation of the link between the effectiveness of the countermeasure strategy and the performance target; (iv) A description of any Federal funds that the State plans to use to carry out the countermeasure strategy including, at a minimum, the funding source(s) (e.g., Section 402, Section 405(b), etc.) and an estimated allocation of funds; (v) A description of considerations the State will use to determine what projects to fund to implement the countermeasure strategy, including, as applicable, public engagement, traffic safety data, affected communities, impacted locations, solicitation of proposals; and

P>(vi) A description of the manner in which the countermeasure strategy was informed by the uniform guidelines issued in accordance with 23 U.S.C. 402(a)(2) and, if applicable, NHTSA-facilitated programmatic assessments. (5) Performance report. (i) An explanation of the extent to which the State's progress in achieving those targets aligns with the triennial HSP; and (ii) A description of how the countermeasure strategies implemented during the triennial period contributed to meeting the State's highway safety performance targets. (c) Review and approval procedures General. (2) Additional information. (3) Approval or disapproval of triennial Highway Safety Plan. (i) A letter of approval, with conditions, if any, to the Governor's Representative for Highway Safety; or (ii) A letter of disapproval to the Governor's Representative for Highway Safety informing the State of the reasons for disapproval and requiring resubmission of the triennial HSP with any modifications necessary for approval. (4) Resubmission of disapproved triennial Highway Safety Plan. [88 FR 7804, Feb. 6, 2023, as amended at 88 FR 36475, June 5, 2023; 91 FR 35397, June 11, 2026] § 1300.12 Annual grant application. The State's annual grant application provides project level information on the State's highway safety program and demonstrates alignment with the State's most recent triennial HSP. Each fiscal year, the State shall submit an annual grant application, including appendices A and B to this part, that meets the following requirements: (a) Due date for submission. (b) Contents. (1) Updates to triennial HSP. (i) Adjustments to countermeasure strategy for programming funds. (B) If the State does not adjust the strategy for programming funds, a written explanation of why the State made no adjustments. (ii) The State may add performance measures based on updated traffic safety problem identification or as part of an application for a grant under section 405, but may not amend existing performance targets. Provided, however, that States may amend common performance targets developed under § 1300.11(b)(3)(iv) only if necessary to submit identical targets to FHWA in the HSIP annual reports. (2) Project and subrecipient information. (i) Project name and description, including, at a minimum, a description of activities conducted, location where the project is performed, and affected communities, where applicable; (ii) Federal funding source(s) ( i.e., (iii) Project agreement number (which, if necessary, may be provided in a later amendment to the annual grant application); (iv) Subrecipient(s) (including name and type of organization; e.g., county or city DOT, State or local law enforcement, non-profit, EMS agency, etc.); (v) Amount of Federal funds; (vi) Eligible use of funds; (vii) Whether the costs are Planning and Administration costs pursuant to § 1300.13(a) and the amount; (viii) Whether the project will be used to meet the requirements of § 1300.41(b); and (ix) The countermeasure strategy or strategies for programming funds identified in the most recently submitted triennial HSP under § 1300.11(b)(4) or in an update to the triennial HSP submitted under paragraph (b)(1) of this section that the project supports. (3) Section 405 grant and Section 1906 racial profiling data collection grant applications. (4) Certifications and Assurances. (c) Review and approval procedures General. (2) Approval or disapproval of annual grant application. (d) Amendments to project and subrecipient information. [88 FR 7804, Feb. 6, 2023, as amended at 89 FR 37116, May 6, 2024] § 1300.13 Special funding conditions for Section 402 grants. The State's highway safety program under Section 402 shall be subject to the following conditions, and approval under § 1300.12 shall be deemed to incorporate these conditions: (a) Planning and administration (P & A) costs. Planning and administration (P & A) costs (ii) Program management costs (2) Federal participation in P & A activities shall not exceed 50 percent of the total cost of such activities, or the applicable sliding scale rate in accordance with 23 U.S.C. 120. The Federal contribution for P & A activities shall not exceed 18 percent of the total funds the State receives under Section 402. In accordance with 23 U.S.C. 120(i), the Federal share payable for projects in the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands shall be 100 percent. The Indian Country is exempt from the P & A requirements. NHTSA funds shall be used only to fund P & A activities attributable to NHTSA programs. (3) P & A tasks and related costs shall be described in the P & A module of the State's annual grant application. The State's matching share shall be determined on the basis of the total P & A costs in the module. (4) A State may allocate salary and related costs of State highway safety agency employees to one of the following, depending on the activities performed: (i) If an employee works solely performing P & A activities, the total salary and related costs may be programmed to P & A; (ii) If the employee works performing program management activities in one or more program areas, the total salary and related costs may be charged directly to the appropriate area(s); or (iii) If an employee works on a combination of P & A and program management activities, the total salary and related costs may be charged to P & A and the appropriate program area(s) based on the actual time worked under each area. If the State highway safety agency elects to allocate costs based on actual time spent on an activity, the State highway safety agency must keep accurate time records showing the work activities for each employee. (b) Participation by political subdivisions (local expenditure requirement) Determining local expenditure. (2) Direct expenditures by political subdivisions. (3) Expenditures by State on behalf of a political subdivision. (i) The specific political subdivision is involved in the planning process of the State's highway safety program (for example, as part of the State's public participation and engagement, as part of the State's planning for the annual grant application, or as part of ongoing planning processes), and the State then enters into agreements based on identification of need by the political subdivision and implements the project or activity accordingly. The State must maintain documentation that shows the political subdivision's participation in the planning processes ( e.g., (ii) The political subdivision is not involved in the planning process of the State's highway safety program, but submits a request for the State to implement a project on its behalf. The request does not need to be a formal application but should, at minimum, contain a description of the political subdivision's problem identification and a description of where and/or how the project or activity should be deployed to have effect within political subdivision (may include: identification of media outlets to run advertising, locations for billboard/sign placement or enforcement activities, schools or other venues to provide educational programming, specific sporting events/venues, etc.). (4) Allocation of qualifying costs. (5) Waivers. (c) Use of grant funds for marijuana-impaired driving. (1) Educate drivers regarding the risks associated with marijuana-impaired driving; and (2) Reduce injuries and deaths resulting from marijuana-impaired driving. (d) Use of grant funds for unattended passengers program. (e) Use of grant funds for teen traffic safety program. (f) Prohibition on use of grant funds to check for helmet usage. (g) Prohibition on use of grant funds for automated traffic enforcement systems. [88 FR 7804, Feb. 6, 2023, as amended at 91 FR 35397, June 11, 2026] § 1300.14 [Reserved] § 1300.15 Apportionment and obligation of Federal funds. (a) Except as provided in paragraph (b) of this section, on October 1 of each fiscal year, or soon thereafter, the NHTSA Administrator shall, in writing, distribute funds available for obligation under 23 U.S.C. Chapter 4 and Section 1906 to the States and specify any conditions or limitations imposed by law on the use of the funds. (b) In the event that authorizations exist but no applicable appropriation act has been enacted by October 1 of a fiscal year, the NHTSA Administrator may, in writing, distribute a part of the funds authorized under 23 U.S.C. Chapter 4 and Section 1906 contract authority to the States to ensure program continuity, and in that event shall specify any conditions or limitations imposed by law on the use of the funds. Upon appropriation of grant funds, the NHTSA Administrator shall, in writing, promptly adjust the obligation limitation and specify any conditions or limitations imposed by law on the use of the funds. (c) Funds distributed under paragraph (a) or (b) of this section shall be available for expenditure by the States to satisfy the Federal share of expenses under the approved annual grant application, and shall constitute a contractual obligation of the Federal Government, subject to any conditions or limitations identified in the distributing document. Such funds shall be available for expenditure by the States as provided in § 1300.41(b), after which the funds shall lapse. (d) Notwithstanding the provisions of paragraph (c) of this section, payment of State expenses under 23 U.S.C. Chapter 4 or Section 1906 shall be contingent upon the State's submission of up-to-date information about approved projects in the annual grant application, in accordance with §§ 1300.12(b)(2) and 1300.32. Subpart C—National Priority Safety Program and Racial Profiling Data Collection Grants § 1300.20 General. (a) Scope. (b) Definitions. Blood alcohol concentration BAC Majority Passenger motor vehicle Primary offense (c) Eligibility and application Eligibility. (2) Application. (i) The Governor's Representative for Highway Safety, on behalf of the State, shall sign and submit with the annual grant application, the information required under appendix B to this part. (ii) If the State is relying on specific elements of the annual grant application or triennial HSP as part of its application materials for grants under this subpart, the State shall identify the specific location where that information is located in the relevant document. (d) Qualification based on State statutes. (e) Transfer of funds. (f) Matching. (2) The Federal share of the costs of activities or programs funded with grants awarded to the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be 100 percent. § 1300.21 Occupant Protection Grants. (a) Purpose. (b) Definitions. Child restraint High seat belt use rate State Lower seat belt use rate State Seat belt (c) Eligibility determination. (d) Qualification criteria for a high seat belt use rate State. (1) Occupant protection plan. (i) The safety problems to be addressed, performance measures and targets, and the countermeasure strategies the State will implement to address those problems, at the level of detail required under § 1300.11(b); and (ii) The projects, provided under § 1300.12(b)(2), that the State will implement during the fiscal year to carry out the plan. (2) Participation in Click-it-or-Ticket national mobilization. (3) Child restraint inspection stations. (A) The total number of planned inspection stations and/or events in the State; and (B) Within the total in paragraph (d)(3)(i)(A) of this section, the number of planned inspection stations and/or inspection events serving each of the following population categories: urban, rural, and at-risk. (ii) Certification, signed by the Governor's Representative for Highway Safety, that the inspection stations/events are staffed with at least one current nationally Certified Child Passenger Safety Technician. (4) Child passenger safety technicians. (e) Qualification criteria for a lower seat belt use rate State. (1) Primary enforcement seat belt use statute. (2) Occupant protection statute. (i) Require— (A) Each occupant riding in a passenger motor vehicle who is under eight years of age, weighs less than 65 pounds and is less than four feet, nine inches in height to be secured in an age-appropriate child restraint; (B) Each occupant riding in a passenger motor vehicle other than an occupant identified in paragraph (e)(2)(i)(A) of this section to be secured in a seat belt or age-appropriate child restraint; (C) A minimum fine of $25 per unrestrained occupant for a violation of the occupant protection statutes described in this paragraph (e)(2)(i). (ii) Notwithstanding paragraph (e)(2)(i) of this section, permit no exception from coverage except for— (A) Drivers, but not passengers, of postal, utility, and commercial vehicles that make frequent stops in the course of their business; (B) Persons who are unable to wear a seat belt or child restraint because of a medical condition, provided there is written documentation from a physician; (C) Persons who are unable to wear a seat belt or child restraint because all other seating positions are occupied by persons properly restrained in seat belts or child restraints; (D) Emergency vehicle operators and passengers in emergency vehicles during an emergency; (E) Persons riding in seating positions or vehicles not required by Federal Motor Vehicle Safety Standards to be equipped with seat belts; or (F) Passengers in public and livery conveyances. (3) Seat belt enforcement. i.e., (4) High risk population countermeasure programs. (i) Drivers on rural roadways; (ii) Unrestrained nighttime drivers; (iii) Teenage drivers; (iv) Other high-risk populations identified in the occupant protection program area plan required under paragraph (d)(1) of this section. (5) Comprehensive occupant protection program. (i) Date of NHTSA-facilitated program assessment that was conducted within five years prior to the application due date that evaluates the occupant protection program for elements designed to increase seat belt use in the State; (ii) Multi-year strategic plan based on input from statewide stakeholders (task force), updated on a triennial basis, under which the State developed— (A) Data-driven performance targets (B) Countermeasure strategies (C) A program management strategy (iii) The name and title of the State's designated occupant protection coordinator responsible for managing the occupant protection program in the State, including developing the occupant protection program area of the triennial HSP and overseeing the execution of the projects designated in the annual grant application; and (iv) A list that contains the names, titles and organizations of the statewide occupant protection task force membership that includes agencies and organizations that can help develop, implement, enforce and evaluate occupant protection programs. (6) Occupant protection program assessment. (f) Award amounts. (g) Use of grant funds Eligible uses. (i) To support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement; (ii) To train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection; (iii) To educate the public concerning the proper use and installation of child restraints, including related equipment and information systems; (iv) To provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints; (v) To implement programs— (A) To recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations; (B) To educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; (C) To purchase and distribute child restraints to low-income and underserved populations; or (vi) To establish and maintain information systems containing data about occupant protection, including the collection and administration of child passenger safety and occupant protection surveys. (2) Special rule. (i) A State that qualifies for grant funds must use not less than 10 percent of grant funds awarded under this section to carry out activities described in paragraph (g)(1)(v) of this section. (ii) A State that qualifies for grant funds as a high seat belt use rate State may elect to use no more than 90 percent of grant funds awarded under this section for any eligible project or activity under Section 402. [88 FR 7804, Feb. 6, 2023, as amended at 90 FR 31593, July 15, 2025] § 1300.22 State Traffic Safety Information System Improvements Grants. (a) Purpose. (b) Qualification criteria. (1) Certification. (i) A functioning traffic records coordinating committee (TRCC) (ii) Designated a traffic records coordinating committee coordinator; and (iii) Established a State traffic records strategic plan, updated annually, that has been approved by the TRCC and describes specific, quantifiable and measurable improvements anticipated in the State's core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases; and (2) Quantitative improvement. (i) A written description of the performance measure(s) that clearly identifies which performance attribute for which core database the State is relying on to demonstrate progress, using the methodology set forth in the “Model Performance Measures for State Traffic Records Systems” (DOT HS 811 441), as updated; and (ii) Supporting documentation covering a contiguous 12-month performance period starting no earlier than April 1 of the calendar year prior to the application due date, that demonstrates quantitative improvement when compared to the comparable 12-month baseline period. (c) Award amounts. (d) Use of grant funds. (1) Software or applications to identify, collect, and report data to State and local government agencies, and enter data into State core highway safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle data; (2) Purchasing equipment to improve a process by which data are identified, collated, and reported to State and local government agencies, including technology for use by law enforcement for near-real time, electronic reporting of crash data; (3) Improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States, including the National EMS Information System; (4) Enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances; (5) Supporting traffic records improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals; (6) Hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System (FARS) liaison); (7) Adoption of the Model Minimum Uniform Crash Criteria, or providing to the public information regarding why any of those criteria will not be used, if applicable; (8) Supporting reporting criteria relating to emerging topics, including— (i) Impaired driving as a result of drug, alcohol, or polysubstance consumption; and (ii) Advanced technologies present on motor vehicles; and (9) Conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases. § 1300.23 Impaired Driving Countermeasures Grants. (a) Purpose. (b) Definitions. 24-7 sobriety program (i) Abstain totally from alcohol or drugs for a period of time; and (ii) Be subject to testing for alcohol or drugs at least twice per day at a testing location, by continuous transdermal alcohol monitoring via an electronic monitoring device, by drug patch, by urinalysis, by ignition interlock monitoring (provided the interlock is able to require tests twice a day without vehicle operation), by other types of electronic monitoring, or by an alternative method approved by NHTSA. Assessment Average impaired driving fatality rate Driving under the influence of alcohol, drugs, or a combination of alcohol and drugs Driving While Intoxicated (DWI) Court High-range State High-visibility enforcement efforts Low-range State Mid-range State Restriction on driving privileges Saturation patrol Sobriety checkpoint Standard offense for driving under the influence of alcohol or drugs (c) Eligibility determination. (d) Qualification criteria for a low-range State. (e) Qualification criteria for a mid-range State General requirements. (i) Section that describes the authority and basis for the operation of the statewide impaired driving task force, including the process used to develop and approve the plan and date of approval; (ii) List that contains names, titles, and organizations of all task force members, provided that the task force includes stakeholders from the following groups: (A) State Highway Safety Office; (B) State and local law enforcement; (C) Criminal justice system (e.g., prosecution, adjudication, and probation); (D) Public health; (E) Drug-impaired driving countermeasures (e.g., DRE coordinator); and (F) Communications and community engagement. (iii) Strategic plan based on the most recent version of Highway Safety Program Guideline No. 8—Impaired Driving, which, at a minimum, covers the following: (A) Program management and strategic planning; (B) Prevention, including community engagement and coalitions; (C) Criminal justice systems; (D) Communications programs; (E) Alcohol and other drug misuse, including screening, treatment, assessment and rehabilitation; and (F) Program evaluation and data. (2) Assurance qualification for fiscal year 2024 grants. (3) Previously submitted plan. (f) Qualification criteria for a high-range State General requirements. (i) Review that addresses in each plan area any related recommendations from the assessment of the State's impaired driving program; (ii) Projects implementing impaired driving activities listed in paragraph (j)(4) of this section that must include high-visibility enforcement efforts, at the level of detail required under § 1300.12(b)(2); and (iii) Description of how the spending supports the State's impaired driving program and achievement of its performance targets. (2) Assurance qualification for fiscal year 2024 grants. (3) Previously submitted plans. (g) Grants to States with alcohol-ignition interlock laws. (i) All individuals who are convicted of driving under the influence of alcohol or of driving while intoxicated are permitted to drive only motor vehicles equipped with alcohol-ignition interlocks for a period of not less than 180 days; or (ii) All individuals who are convicted of driving under the influence of alcohol or of driving while intoxicated and who are ordered to use an alcohol-ignition interlock are not permitted to receive any driving privilege or driver's license unless each such individual installs on each motor vehicle registered, owned, or leased by the individual an alcohol-ignition interlock for a period of not less than 180 days; or (iii)(A) All individuals who are convicted of, or whose driving privileges have been revoked or denied for, refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance and who are ordered to use an alcohol-ignition interlock are required to install on each motor vehicle to be operated by each such individual an alcohol-ignition interlock for a period of not less than 180 days; and (B) All individuals who are convicted of driving under the influence of alcohol or of driving while intoxicated and who are ordered to use an alcohol-ignition interlock must— ( 1 ( 2 (2) Permitted exceptions. (i) The individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual; (ii) The individual is certified in writing by a physician as being unable to provide a deep lung breath sample for analysis by an ignition interlock device; or (iii) A State-certified ignition interlock provider is not available within 100 miles of the individual's residence. (h) Grants to States with a 24-7 sobriety program. (1) Legal citation(s) to State statute demonstrating that the State has enacted and is enforcing a statute that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges, unless an exception in paragraph (g)(2) of this section applies, for a period of not less than 30 days; and (2) Legal citation(s) to State statute or submission of State program information that authorizes a statewide 24-7 sobriety program. (i) Award amounts. (2) The amount available for grants under 23 U.S.C. 405(d)(6)(A) shall not exceed 12 percent of the total amount made available to States under 23 U.S.C. 405(d) for the fiscal year. (3) The amount available for grants under 23 U.S.C. 405(d)(6)(B) shall not exceed 3 percent of the total amount made available to States under 23 U.S.C. 405(d) for the fiscal year. (j) Use of grant funds Eligible uses. (i) High-visibility enforcement efforts; (ii) Hiring a full-time or part-time impaired driving coordinator of the State's activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs or the combination of alcohol and drugs; (iii) Court support of impaired driving prevention efforts, including— (A) Hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers; (B) Training and education of those professionals to assist the professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in that drug recognition expert training; or (C) Establishing driving while intoxicated courts; (iv) Alcohol ignition interlock programs; (v) Improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection; (vi) Paid and earned media in support of high-visibility enforcement efforts, conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement; (vii) Training on the use of alcohol and drug screening and brief intervention; (viii) Training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk; (ix) Developing impaired driving information systems; (x) Costs associated with a 24-7 sobriety program; or (xi) Testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including— (A) Oral fluid-screening technologies; (B) Electronic warrant programs; (C) Equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing; (D) Case management software to support the management of impaired driving offenders; or (E) Technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement. (2) Special rule—low-range States. (i) Grant funds awarded under 23 U.S.C. 405(d) for programs designed to reduce impaired driving based on problem identification, in accordance with § 1300.11; and (ii) Up to 50 percent of grant funds awarded under 23 U.S.C. 405(d) for any eligible project or activity under Section 402. (3) Special rule—mid-range States. (4) Special rule—high-range States. (i) High-visibility enforcement efforts; and (ii) Any of the eligible uses described in paragraph (j)(1) of this section or programs designed to reduce impaired driving based on problem identification, in accordance with § 1300.11, if all proposed uses are described in a statewide impaired driving plan submitted to and approved by NHTSA in accordance with paragraph (f) of this section. (5) Special rule—reporting and impaired driving measures. (i) Increasing the timely and accurate reporting to Federal, State, and local databases of crash information, including electronic crash reporting systems that allow accurate real- or near-real time uploading of crash information, or impaired driving criminal justice information; or (ii) Researching or evaluating impaired driving countermeasures. (6) Special rule—States with alcohol-ignition interlock laws or 24-7 sobriety programs. § 1300.24 Distracted Driving Grants. (a) Purpose. (b) Definitions. Driving Personal wireless communications device Text Text message (c) Qualification criteria for a Distracted Driving Awareness Grant. (d) Qualification criteria for a Distracted Driving Law Grant. (1) Prohibition on texting while driving. (i) Prohibit a driver from texting through a personal wireless communications device while driving; (ii) Establish a fine for a violation of the statute; and (iii) Not provide for an exemption that specifically allows a driver to use a personal wireless communication device for texting while stopped in traffic. (2) Prohibition on handheld phone use while driving. (i) Prohibit a driver from holding a personal wireless communications device while driving; (ii) Establishes a fine for a violation of the statute; and (iii) Not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic. (3) Prohibition on youth cell phone use while driving. (i) Prohibit a driver who is younger than 18 years of age or in the learner's permit or intermediate license stage from using a personal wireless communications device while driving; (ii) Establish a fine for a violation of the statute; and (iii) Not provide for an exemption that specifically allows a driver to use a personal wireless communication device for texting while stopped in traffic. (4) Prohibition on viewing devices while driving. (5) Permitted exceptions. (i) A driver who uses a personal wireless communications device during an emergency to contact emergency services to prevent injury to persons or property; (ii) Emergency services personnel who use a personal wireless communications device while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel; (iii) An individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to 49 U.S.C. 31136; (iv) A driver who uses a personal wireless communications device for navigation; (v) Except for a law described in paragraph (d)(3) of this section (prohibition on youth cell phone use while driving), the use of a personal wireless communications device in a hands-free manner, with a hands-free accessory, or with the activation or deactivation of a feature or function of the personal wireless communications device with the motion of a single swipe or tap of the finger of the driver. (e) Award amounts In general. (ii) A State may be eligible for a Distracted Driving Awareness Grant under paragraph (c) of this section and for one additional Distracted Driving Law Grant under paragraph (d) of this section. (2) Grant amount. Distracted driving awareness. (ii) Distracted driving laws. (iii) Special rules for distracted driving laws. (B) A State that qualifies for a Distracted Driving Law Grant under paragraph (d)(1), (2), or (3) of this section and enforces the law as a secondary offense shall receive 50 percent of the amount under paragraph (e)(2)(ii) of this section. (C) A State that qualifies for a prohibition on viewing Devices While Driving Law Grant under paragraph (d)(4) of this section shall receive 25 percent of the amount under paragraph (e)(2)(ii) of this section. (f) Use of funds Eligible uses. (2) Special rule. (3) Special rule—MMUCC conforming States. § 1300.25 Motorcyclist Safety Grants. (a) Purpose. (b) Definitions. Data State Impaired Law State Motorcycle State (c) Eligibility. (d) Qualification criteria. (e) Motorcycle rider training course. (1) A certification identifying the head of the designated State authority over motorcyclist safety issues and stating that the head of the designated State authority over motorcyclist safety issues has approved and the State has adopted one of the following introductory rider curricula: (i) Motorcycle Safety Foundation Basic Rider Course; (ii) TEAM OREGON Basic Rider Training; (iii) Idaho STAR Basic I; (iv) California Motorcyclist Safety Program Motorcyclist Training Course; (v) A curriculum that has been approved by the designated State authority and NHTSA as meeting NHTSA's Model National Standards for Entry-Level Motorcycle Rider Training; and (2) A list of the counties or political subdivisions in the State where motorcycle rider training courses will be conducted during the fiscal year of the grant and the number of registered motorcycles in each such county or political subdivision according to official State motor vehicle records, provided that the State must offer at least one motorcycle rider training course in counties or political subdivisions that collectively account for a majority of the State's registered motorcycles. (f) Motorcyclist awareness program. (1) A certification identifying the head of the designated State authority over motorcyclist safety issues and stating that the State's motorcyclist awareness program was developed by or in coordination with the designated State authority over motorcyclist safety issues; and (2) One or more performance measures and corresponding performance targets developed for motorcycle awareness at the level of detail required under § 1300.11(b)(3) that identifies, using State crash data, the counties or political subdivisions within the State with the highest number of motorcycle crashes involving a motorcycle and another motor vehicle. Such data shall be from the most recent calendar year for which final State crash data are available, but must be data no older than three calendar years prior to the application due date (e.g., for a grant application submitted on August 1, 2023, a State shall provide calendar year 2022 data, if available, and may not provide data older than calendar year 2020); and (3) Projects, at the level of detail required under § 1300.12(b)(2), demonstrating that the State will implement data-driven programs in a majority of counties or political subdivisions where the incidence of crashes involving a motorcycle and another motor vehicle is highest. The State shall submit a list of counties or political subdivisions in the State ranked in order of the highest to lowest number of crashes involving a motorcycle and another motor vehicle per county or political subdivision. Such data shall be from the most recent calendar year for which final State crash data are available, but data must be no older than three calendar years prior to the application due date (e.g., for a grant application submitted on August 1, 2023, a State shall provide calendar year 2022 data, if available, and may not provide data older than calendar year 2020). The State shall select projects implementing those countermeasure strategies to address the State's motorcycle safety problem areas in order to meet the performance targets identified in paragraph (f)(2) of this section. (g) Helmet law. (h) Reduction of fatalities and crashes involving motorcycles. (1) Submit State data and a description of the State's methods for collecting and analyzing the data, showing the total number of motor vehicle crashes involving motorcycles in the State for the most recent calendar year for which final State crash data are available, but data no older than three calendar years prior to the application due date and the same type of data for the calendar year immediately prior to that calendar year (e.g., for a grant application submitted on August 1, 2023, the State shall submit calendar year 2022 data and 2021 data, if both data are available, and may not provide data older than calendar year 2020 and 2019, to determine the rate); (2) Experience a reduction of at least one in the number of motorcyclist fatalities for the most recent calendar year for which final FARS data are available as compared to the final FARS data for the calendar year immediately prior to that year; and (3) Based on State crash data expressed as a function of 10,000 motorcycle registrations (using FHWA motorcycle registration data), experience at least a whole number reduction in the rate of crashes involving motorcycles for the most recent calendar year for which final State crash data are available, but data no older than three calendar years prior to the application due date, as compared to the calendar year immediately prior to that year. (i) Impaired motorcyclist driving program. (1) One or more performance measures and corresponding performance targets developed to reduce impaired motorcycle operation at the level of detail required under § 1300.11(b)(3). Each performance measure and performance target shall identify the impaired motorcycle operation problem area to be addressed. Problem identification must include an analysis of motorcycle crashes involving an impaired operator by county or political subdivision in the State; and (2) Projects, at the level of detail required under § 1300.12(b)(2), demonstrating that the State will implement data-driven programs designed to reach motorcyclists in those jurisdictions where the incidence of motorcycle crashes involving an impaired operator is highest ( i.e., (j) Reduction of fatalities and crashes involving impaired motorcyclists. (1) Submit State data and a description of the State's methods for collecting and analyzing the data, showing the total number of reported crashes involving alcohol- and drug-impaired motorcycle operators in the State for the most recent calendar year for which final State crash data are available, but data no older than three calendar years prior to the application due date and the same type of data for the calendar year immediately prior to that year (e.g., for a grant application submitted on August 1, 2023, the State shall submit calendar year 2022 data and 2021 data, if both data are available, and may not provide data older than calendar year 2020 and 2019, to determine the rate); (2) Experience a reduction of at least one in the number of fatalities involving alcohol-impaired and drug-impaired motorcycle operators for the most recent calendar year for which final FARS data are available as compared to the final FARS data for the calendar year immediately prior to that year; and (3) Based on State crash data expressed as a function of 10,000 motorcycle registrations (using FHWA motorcycle registration data), experience at least a whole number reduction in the rate of reported crashes involving alcohol- and drug-impaired motorcycle operators for the most recent calendar year for which final State crash data are available, but data no older than three calendar years prior to the application due date, as compared to the calendar year immediately prior to that year. (k) Use of fees collected from motorcyclists for motorcycle programs. (1) To demonstrate compliance as a Law State, the State shall submit, in accordance with part 7 of appendix B to this part, the legal citation(s) to the statute(s) or regulation(s) requiring that all fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs are to be used for motorcycle training and safety programs and the legal citation(s) to the State's current fiscal year appropriation (or preceding fiscal year appropriation, if the State has not enacted a law at the time of the State's application) appropriating all such fees to motorcycle training and safety programs. (2) To demonstrate compliance as a Data State, the State shall submit, in accordance with part 7 of appendix B to this part, data or documentation from official records from the previous State fiscal year showing that all fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs were, in fact, used for motorcycle training and safety programs. Such data or documentation shall show that revenues collected for the purposes of funding motorcycle training and safety programs were placed into a distinct account and expended only for motorcycle training and safety programs. (l) Award amounts. (m) Use of grant funds Eligible uses. (i) Improvements to motorcyclist safety training curricula; (ii) Improvements in program delivery of motorcycle training to both urban and rural areas, including— (A) Procurement or repair of practice motorcycles; (B) Instructional materials; (C) Mobile training units; and (D) Leasing or purchasing facilities for closed-course motorcycle skill training; (iii) Measures designed to increase the recruitment or retention of motorcyclist safety training instructors; or (iv) Public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including “Share-the-Road” safety messages developed using Share-the-Road model language available on NHTSA's website at http://www.trafficsafetymarketing.gov (2) Special rule—low fatality States. (3) Suballocation of funds. § 1300.26 Nonmotorized Safety Grants. (a) Purpose. (b) Eligibility determination. (2) For purposes of this section, a nonmotorized road user means a pedestrian; an individual using a nonmotorized mode of transportation, including a bicycle, a scooter, or a personal conveyance; and an individual using a low-speed or low-horsepower motorized vehicle, including an electric bicycle, electric scooter, personal mobility assistance device, personal transporter, or all-terrain vehicle. (c) Qualification criteria. (d) Award amounts. (e) Use of grant funds. (1) Training of law enforcement officials relating to nonmotorized road user safety, State laws applicable to nonmotorized road user safety, and infrastructure designed to improve nonmotorized road user safety; (2) Carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorized road user safety; (3) Public education and awareness programs designed to inform motorists and nonmotorized road users regarding— (i) Nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users; (ii) The value of the use of nonmotorized road user safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of that equipment; (iii) State traffic laws applicable to nonmotorized road user safety, including the responsibilities of motorists with respect to nonmotorized road users; (iv) Infrastructure designed to improve nonmotorized road user safety; and (4) The collection of data, and the establishment and maintenance of data systems, relating to nonmotorized road user traffic fatalities. § 1300.27 Preventing Roadside Deaths Grants. (a) Purpose. (b) Definitions. Digital alert technology Optical visibility measure Public information campaign (c) Qualification criteria. (1) Identification of the specific safety problems to be addressed, performance measures and targets, the countermeasure strategies at the level of detail required by § 1300.11(b)(1), (3), and (4); and (2) Identification of the projects at the level of detail required by § 1300.12(b)(2) that support those strategies the State will implement during the fiscal year to carry out the plan. (d) Award amounts. (e) Use of grant funds. (1) To purchase and deploy digital alert technology that— (i) Is capable of receiving alerts regarding nearby first responders; and (ii) In the case of a motor vehicle that is used for emergency response activities, is capable of sending alerts to civilian drivers to protect first responders on the scene and en route; (2) To educate the public regarding the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injuries; (3) For law enforcement costs related to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside; (4) For programs to identify, collect, and report to State and local government agencies data related to crashes involving vehicles and individuals stopped at the roadside; and (5) To pilot and incentivize measures, including optical visibility measures, to increase the visibility of stopped and disabled vehicles. § 1300.28 Driver and Officer Safety Education Grants. (a) Purpose. (b) Definitions. Driver education and driving safety course Peace officer (c) Qualification criteria. (d) Driver and officer safety law or program. (1) Driver education and driving safety courses General. (A) The role of law enforcement and the duties and responsibilities of peace officers; (B) The legal rights of individuals concerning interactions with peace officers; (C) Best practices for civilians and peace officers during those interactions; (D) The consequences for failure of an individual or officer to comply with the law or program; and (E) How and where to file a complaint against, or a compliment relating to, a peace officer. (ii) If applying with a law. (iii) If applying with supporting documentation. (A) A certification signed by the GR attesting that the State has developed and is implementing a driver education and driving safety course throughout the State that meets the requirements described in paragraph (d)(1)(i) of this section; and (B) Curriculum or course materials, along with citations to where the requirements described in paragraph (d)(1)(i) of this section are located within the curriculum. (2) Peace officer training programs General. (ii) Applying with a law. (iii) Applying with supporting documentation. (A) A certification signed by the GR attesting that the State has developed and is implementing a peace officer training program throughout the State that meets the requirements described in paragraph (d)(2)(i) of this section; and (B) Curriculum or course materials, along with citations to where the requirements described in paragraph (d)(2)(i) of this section. (e) Qualifying State. (1) Evidence that the State has taken meaningful steps towards the full implementation of such a law or program. To demonstrate compliance with this criterion, the State shall submit one or more of the following— (i) A proposed bill that has been introduced in the State, but has not yet been enacted into law, that meets the requirements in paragraph (d)(1) or (2) of this section; or (ii) Planning or strategy document(s) that identify meaningful steps the State has taken as well as actions the State plans to take to develop and implement a law or program that meets the requirements in paragraph (d)(1) or (2) of this section; and (2) A timetable for implementation of such a law or program within 5 years of first applying as a qualifying State under this paragraph (e). (f) Matching. (g) Award amounts In general. (2) Limitation. (3) Redistribution of funds. (h) Use of grant funds. (1) The production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph (d) of this section; and (2) The implementation of a law or program described in paragraph (d) of this section. § 1300.29 Racial Profiling Data Collection Grants. (a) Purpose. (b) Qualification criteria. (1) Official documents ( i.e., (2) Assurances that the State will undertake activities during the fiscal year of the grant to comply with the requirements of paragraph (b)(1) of this section, and projects, at the level of detail required under § 1300.12(b)(2), supporting the assurances. (c) Award amounts. (2) Notwithstanding paragraph (c)(1) of this section, the total amount of a grant awarded to a State under this section in a fiscal year may not exceed— (i) For a State described in paragraph (b)(1) of this section, 10 percent of the amount made available to carry out this section for the fiscal year; and (ii) For a State described in paragraph (b)(2) of this section, 5 percent of the amount made available to carry out this section for the fiscal year. (d) Use of grant funds. (1) Collecting and maintaining data on traffic stops; (2) Evaluating the results of the data; and (3) Developing and implementing programs, public outreach, and training to reduce the impact of traffic stops described in paragraph (a) of this section. Subpart D—Administration of the Highway Safety Grants § 1300.30 General. Subject to the provisions of this subpart, the requirements of 2 CFR parts 200 and 1201 govern the implementation and management of State highway safety programs and projects carried out under 23 U.S.C. Chapter 4 and Section 1906. § 1300.31 Equipment. (a) Title. (b) Use. (c) Management and disposition. (d) Major purchases and dispositions. (1) Purchases shall receive prior written approval from the Regional Administrator; (2) Dispositions shall receive prior written approval from the Regional Administrator unless the equipment has exceeded its useful life as determined under State law and procedures. (e) Right to transfer title. (1) The equipment shall be identified in the grant or otherwise made known to the State in writing; (2) The Regional Administrator shall issue disposition instructions within 120 calendar days after the equipment is determined to be no longer needed for highway safety purposes, in the absence of which the State shall follow the applicable procedures in 2 CFR parts 200 and 1201. (f) Federally-owned equipment. (1) Title shall remain vested in the Federal Government; (2) Management shall be in accordance with Federal rules and procedures, and an annual inventory listing shall be submitted by the State; (3) The State or its subrecipient shall request disposition instructions from the Regional Administrator when the item is no longer needed for highway safety purposes. [88 FR 7804, Feb. 6, 2023, as amended at 89 FR 57357, July 15, 2024] § 1300.32 Amendments to annual grant applications. (a) During the fiscal year of the grant, States may amend the annual grant application, except performance targets, subsequent to the initial approval under § 1300.12. States shall document changes to the annual grant application electronically. (b) The State shall amend the annual grant application, prior to beginning project performance, to provide complete and updated information at the level of detail required by § 1300.12(b)(2), about each project agreement it enters into. (c) Amendments and changes to the annual grant application are subject to approval by the Regional Administrator before approval of vouchers for payment, except that amendments to information submitted under § 1300.12(b)(2)(iii) through (vii) do not require approval unless the amendment requires prior approval under 2 CFR 200.407. Regional Administrators will disapprove changes and projects that are inconsistent with the triennial HSP, as updated, or that do not constitute an appropriate use of highway safety grant funds. States are independently responsible for ensuring that projects constitute an appropriate use of highway safety grant funds. § 1300.33 Vouchers and project agreements. (a) General. (b) Content of vouchers. (1) Project agreement number for which work was performed and payment is sought; (2) Amount of Federal funds sought, up to the amount identified in § 1300.12(b)(2); (3) Eligible use of funds; (4) Amount of Federal funds allocated to local expenditure (provided no less than mid-year (by March 31) and with the final voucher); and (5) Matching rate (or special matching writeoff used, i.e., (c) Project agreements. (d) Submission requirements. (e) Payment. (2) Vouchers that request payment for projects whose project agreement numbers or amounts claimed do not match the projects or exceed the estimated amount of Federal funds provided under § 1300.12(b)(2) shall be rejected, in whole or in part, until an amended project and/or estimated amount of Federal funds is submitted and, if required, approved by the Regional Administrator in accordance with § 1300.32. (3) Failure to meet the deadlines specified in paragraph (d) of this section may result in delayed payment. § 1300.34 Program income. (a) Definition. (b) Inclusions. (c) Exclusions. (d) Use of program income Addition. i.e., (2) Cost sharing or matching. § 1300.35 Annual report. Within 120 days after the end of the fiscal year, each State shall submit electronically an Annual Report providing— (a) Performance report. (i) An explanation of the extent to which the State's progress in achieving those targets aligns with the triennial HSP ( i.e., (ii) A description of how the activities conducted under the prior year annual grant application contributed to meeting the State's highway safety performance targets. (2) An explanation of how the State plans to adjust the strategy for programming funds to achieve the performance targets, if the State has not met or is not on track to meet its performance targets, or an explanation of why no adjustments are needed to achieve the performance targets. (b) Activity report. (2) A narrative description of the public participation and engagement efforts carried out and how those efforts informed projects implemented under countermeasure strategies during the grant year; (3) A description of the State's evidence-based enforcement program activities, including discussion of community collaboration efforts and efforts to support data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities; and (4) Submission of information regarding mobilization participation (e.g., participating and reporting agencies, enforcement activity, citation information, paid and earned media information). § 1300.36 Appeal of written decision by a Regional Administrator. The State shall submit an appeal of any written decision by a Regional Administrator regarding the administration of the grants in writing, signed by the Governor's Representative for Highway Safety, to the Regional Administrator. The Regional Administrator shall promptly forward the appeal to the NHTSA Associate Administrator, Regional Operations and Program Delivery. The decision of the NHTSA Associate Administrator shall be final and shall be transmitted in writing to the Governor's Representative for Highway Safety through the Regional Administrator. Subpart E—Annual Reconciliation. § 1300.40 Expiration of the annual grant application. (a) The State's annual grant application for a fiscal year and the State's authority to incur costs under that application shall expire on the last day of the fiscal year. (b) Except as provided in paragraph (c) of this section, each State shall submit a final voucher which satisfies the requirements of § 1300.33(b) within 120 days after the expiration of the annual grant application. The final voucher constitutes the final financial reconciliation for each fiscal year. (c) The Regional Administrator may extend the time period by no more than 30 days to submit a final voucher only in extraordinary circumstances, consistent with 2 CFR 200.344 and 200.345. States shall submit a written request for an extension describing the extraordinary circumstances that necessitate an extension. The approval of any such request for extension shall be in writing, shall specify the new deadline for submitting the final voucher, and shall be signed by the Regional Administrator. § 1300.41 Disposition of unexpended balances. (a) Carry-forward balances. (b) Deobligation of funds. (2) NHTSA shall notify States of any such unexpended grant funds no later than 180 days prior to the end of the period of availability specified in paragraph (b)(1) of this section and inform States of the deadline for commitment. States may commit such unexpended grant funds to a specific project by the specified deadline, and shall provide documentary evidence of that commitment, including a copy of an executed project agreement, to the Regional Administrator. (3) Grant funds committed to a specific project in accordance with paragraph (b)(2) of this section shall remain committed to that project and must be expended by the end of the succeeding fiscal year. The final voucher for that project shall be submitted within 120 days after the end of that fiscal year. (4) NHTSA shall deobligate unexpended balances at the end of the time period in paragraph (b)(1) or (3) of this section, whichever is applicable, and the funds shall lapse. § 1300.42 Post-grant adjustments. The expiration of an annual grant application does not affect the ability of NHTSA to disallow costs and recover funds on the basis of a later audit or other review or the State's obligation to return any funds due as a result of later refunds, corrections, or other transactions. § 1300.43 Continuing requirements. Notwithstanding the expiration of an annual grant application, the provisions in 2 CFR parts 200 and 1201 and 23 CFR part 1300, including but not limited to equipment and audit, continue to apply to the grant funds authorized under 23 U.S.C. Chapter 4 and Section 1906. Subpart F—Non-Compliance. § 1300.50 General. Where a State is found to be in non-compliance with the requirements of the grant programs authorized under 23 U.S.C. Chapter 4 or Section 1906, or with other applicable law, the sanctions in §§ 1300.51 and 1300.52, and any other sanctions or remedies permitted under Federal law, including the specific conditions of 2 CFR 200.208 and 200.339, may be applied as appropriate. § 1300.51 Sanctions—reduction of apportionment. (a) Determination of sanctions. (2) If the Administrator has apportioned funds under Section 402 to a State and subsequently determines that the State is not implementing an approved highway safety program, the Administrator shall reduce the apportionment by an amount equal to not less than 20 percent until such time as the Administrator determines that the State is implementing an approved highway safety program. The Administrator shall consider the gravity of the State's failure to implement an approved highway safety program in determining the amount of the reduction. (i) When the Administrator determines that a State is not implementing an approved highway safety program, the Administrator shall issue to the State an advance notice, advising the State that the Administrator expects to withhold funds from apportionment or reduce the State's apportionment under Section 402. The Administrator shall state the amount of the expected withholding or reduction. (ii) The State may, within 30 days after its receipt of the advance notice, submit documentation demonstrating that it is implementing an approved highway safety program. Documentation shall be submitted to the NHTSA Administrator, 1200 New Jersey Avenue SE, Washington, DC 20590. (b) Apportionment of withheld funds. (2)(i) If the Administrator concludes, after reviewing all relevant documentation submitted by the State or if the State has not responded to the advance notice, that the State did not correct its failure to have or implement an approved highway safety program, the Administrator shall issue a final notice, advising the State of the funds being withheld from apportionment or of the reduction of apportionment under Section 402 by July 31 of the fiscal year for which the funds were withheld. (ii) The Administrator shall reapportion the withheld funds to the other States, in accordance with the formula specified in 23 U.S.C. 402(c), not later than the last day of the fiscal year. § 1300.52 Sanctions—risk assessment and non-compliance. (a) Risk assessment. (i) Financial stability; (ii) Quality of management systems and ability to meet management standards prescribed in this part and in 2 CFR part 200; (iii) History of performance. The applicant's record in managing funds received for grant programs under this part, including findings from Management Reviews; (iv) Reports and findings from audits performed under 2 CFR part 200, subpart F, or from the reports and findings of any other available audits; and (v) The State's ability to effectively implement statutory, regulatory, and other requirements imposed on non-Federal entities. (2) If a State is determined to pose risk, NHTSA may increase monitoring activities and may impose any of the specific conditions of 2 CFR 200.208, as appropriate. (b) Non-compliance. Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants [ Each fiscal year, the Governor's Representative for Highway Safety must sign these Certifications and Assurances affirming that the State complies with all requirements, including applicable Federal statutes and regulations, that are in effect during the grant period. Requirements that also apply to subrecipients are noted under the applicable caption. State: Fiscal Year: By submitting an application for Federal grant funds under 23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58, the State Highway Safety Office acknowledges and agrees to the following conditions and requirements. In my capacity as the Governor's Representative for Highway Safety, I hereby provide the following Certifications and Assurances: General Requirements The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Intergovernmental Review of Federal Programs The State has submitted appropriate documentation for review to the single point of contact designated by the Governor to review Federal programs, as required by Executive Order 12372 (Intergovernmental Review of Federal Programs). Federal Funding Accountability and Transparency Act (FFATA) The State will comply with FFATA guidance, OMB Guidance on FFATA Subaward and Executive Compensation Reporting, https://www.fsrs.gov/documents/OMB_Guidance_on_FFATA_Subaward_and_Executive_Compensation_Reporting_08272010.pdf FSRS.gov • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source; • Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding action; • Unique entity identifier (generated by SAM.gov • The names and total compensation of the five most highly compensated officers of the entity if: (i) the entity in the preceding fiscal year received— (I) 80 percent or more of its annual gross revenues in Federal awards; (II) $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity 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; • Other relevant information specified by OMB guidance. Nondiscrimination (Applies to Subrecipients as Well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 et seq., • 49 CFR part 21 Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, • Federal-Aid Highway Act of 1973, et seq. and Title IX of the Education Amendments of 1972, • Section 504 of the Rehabilitation Act of 1973, et seq. • The Age Discrimination Act of 1975, et seq. • The Civil Rights Restoration Act of 1987, • Titles II and III of the Americans with Disabilities Act The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in § 21.23(b) and (e) of 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) 1 1 Available at https://www.faa.gov/about/office_org/headquarters_offices/acr/com_civ_support/non_disc_pr/media/dot_order_1050_2A_standard_dot_title_vi_assurances.pdf 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. The Drug-Free Workplace Act of 1988 (41 U.S.C. 8103) The State will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted— 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. Political Activity (Hatch Act) (Applies to Subrecipients as Well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Certification Regarding Federal Lobbying (Applies to Subrecipients as Well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Restriction on State Lobbying (Applies to Subrecipients as Well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification Regarding Debarment and Suspension (Applies to Subrecipients as Well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/ 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/ 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Buy America (Applies to Subrecipients as Well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. Certification on Conflict of Interest (Applies to Subrecipients as Well as States) General Requirements No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. Prohibition on Using Grant Funds To Check for Helmet Usage (Applies to Subrecipients as Well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Policy on Seat Belt Use In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce 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 and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. www.nhtsa.gov Policy on Banning Text Messaging While Driving In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. Section 402 Requirements 1. To the best of my personal knowledge, the information submitted in the annual grant application in support of the State's application for a grant under 23 U.S.C. 402 is accurate and complete. 2. The Governor is the responsible official for the administration of the State highway safety program, by appointing a Governor's Representative for Highway Safety who shall be responsible for a State highway safety agency that has adequate powers and is suitably equipped and organized (as evidenced by appropriate oversight procedures governing such areas as procurement, financial administration, and the use, management, and disposition of equipment) to carry out the program. (23 U.S.C. 402(b)(1)(A)) 3. At least 40 percent of all Federal funds apportioned to this State under 23 U.S.C. 402 for this fiscal year will be expended by or on behalf of political subdivisions of the State in carrying out local highway safety programs (23 U.S.C. 402(b)(1)(C)) or 95 percent by and on behalf of Indian tribes (23 U.S.C. 402(h)(2)), unless this requirement is waived in writing. (This provision is not applicable to the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.) 4. The State's highway safety program provides adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks. (23 U.S.C. 402(b)(1)(D)) 5. As part of a comprehensive program, the State will support a data-based traffic safety enforcement program that fosters effective community collaboration to increase public safety, and data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities. (23 U.S.C. 402(b)(1)(E)) 6. The State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within the State, as identified by the State highway safety planning process, including: • Participation in the National high-visibility law enforcement mobilizations as identified annually in the NHTSA Communications Calendar, including not less than 3 mobilization campaigns in each fiscal year to— ○ Reduce alcohol-impaired or drug-impaired operation of motor vehicles; and ○ Increase use of seat belts by occupants of motor vehicles; • Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits; • An annual statewide seat belt use survey in accordance with 23 CFR part 1340 for the measurement of State seat belt use rates, except for the Secretary of Interior on behalf of Indian tribes; • Development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; • Coordination of triennial Highway Safety Plan, data collection, and information systems with the State strategic highway safety plan, as defined in 23 U.S.C. 148(a); and • Participation in the Fatality Analysis Reporting System (FARS), except for American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands. (23 U.S.C. 402(b)(1)(F)) 7. The State will actively encourage all relevant law enforcement agencies in the State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23 U.S.C. 402(j)) 8. The State will not expend Section 402 funds to carry out a program to purchase, operate, or maintain an automated traffic enforcement system, except in a work zone or school zone. (23 U.S.C. 402(c)(4)) I understand that my statements in support of the State's application for Federal grant funds are statements upon which the Federal Government will rely in determining qualification for grant funds, and that knowing misstatements may be subject to civil or criminal penalties under 18 U.S.C. 1001. I sign these Certifications and Assurances based on personal knowledge, and after appropriate inquiry. Signature Governor's Representative for Highway Safety Date Printed name of Governor's Representative for Highway Safety [88 FR 7804, Feb. 6, 2023, as amended at 90 FR 31593, July 15, 2025] Appendix B to Part 1300—Application Requirements for Section 405 and Section 1906 Grants [ Each fiscal year, to apply for a grant under 23 U.S.C. 405 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58, the State must complete and submit all required information in this appendix, and the Governor's Representative for Highway Safety must sign the Certifications and Assurances. State: Fiscal Year: Instructions: Check the box for each part for which the State is applying for a grant, fill in relevant blanks, and identify the attachment number or page numbers where the requested information appears in the triennial HSP or annual grant application. Attachments may be submitted electronically. □ Part 1: Occupant Protection Grants (23 CFR 1300.21) [ Check the box above only if applying for this grant. All States [ Fill in all blanks below. • The State's occupant protection program area plan for the upcoming fiscal year is provided in the annual grant application at _____ (location). • The State will participate in the Click it or Ticket national mobilization in the fiscal year of the grant. The description of the State's planned participation is provided in the annual grant application at _____ (location). • Projects demonstrating the State's active network of child restraint inspection stations are provided in the annual grant application at _____ (location). Such description includes estimates for: (1) the total number of planned inspection stations and events during the upcoming fiscal year; and (2) within that total, the number of planned inspection stations and events serving each of the following population categories: urban, rural, and at-risk. The planned inspection stations/events provided in the annual grant application are staffed with at least one current nationally Certified Child Passenger Safety Technician. • Projects, as provided in the annual grant application at _____ (location), that include estimates of the total number of classes and total number of technicians to be trained in the upcoming fiscal year to ensure coverage of child passenger safety inspection stations and inspection events by nationally Certified Child Passenger Safety Technicians. Lower Seat Belt Use States Only [ Check at least 3 boxes below and fill in all blanks under those checked boxes. □ The State's primary seat belt use law, requiring all occupants riding in a passenger motor vehicle to be restrained in a seat belt or a child restraint, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citation(s): ________________. □ The State's occupant protection law, requiring occupants to be secured in a seat belt or age-appropriate child restraint while in a passenger motor vehicle and a minimum fine of $25, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: • _________ Requirement for all occupants to be secured in seat belt or age appropriate child restraint; • _________ Coverage of all passenger motor vehicles; • _________ Minimum fine of at least $25; • _________ Exemptions from restraint requirements. □ Projects demonstrating the State's seat belt enforcement plan are provided in the annual grant application at _____ (location). □ The projects demonstrating the State's high risk population countermeasure program are provided in the annual grant application at _____ (location). □ The State's comprehensive occupant protection program is provided as follows: • Date of NHTSA-facilitated program assessment conducted within 5 years prior to the application date: _____ (date); • Multi-year strategic plan: annual grant application or triennial HSP at _____ (location); • The name and title of the State's designated occupant protection coordinator is ____________. • List that contains the names, titles and organizations of the statewide occupant protection task force membership: annual grant application at _____ (location). □ The State's NHTSA-facilitated occupant protection program assessment of all elements of its occupant protection program was conducted on _____ (date) (within 5 years of the application due date); □ Part 2: State Traffic Safety Information System Improvements Grants (23 CFR 1300.22) [ Check the box above only if applying for this grant. All States • The State has a functioning traffic records coordinating committee that meets at least 3 times each year. • The State has designated a TRCC coordinator. • The State has established a State traffic records strategic plan, updated annually, that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State's core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases. [ Fill in the blank for the bullet below. • Written description of the performance measure(s), and all supporting data, that the State is relying on to demonstrate achievement of the quantitative improvement in the preceding 12 months of the application due date in relation to one or more of the significant data program attributes is provided in the annual grant application at _____ (location). □ Part 3: Impaired Driving Countermeasures (23 CFR 1300.23(D)-(F)) [ Check the box above only if applying for this grant. All States • The State will use the funds awarded under 23 U.S.C. 405(d) only for the implementation of programs as provided in 23 CFR 1300.23(j). Mid-Range State Only [ Check one box below and fill in all blanks under that checked box. □ The State submits its statewide impaired driving plan approved by a statewide impaired driving task force on _____ (date). Specifically— ▪ Annual grant application at _____ (location) describes the authority and basis for operation of the statewide impaired driving task force; ▪ Annual grant application at _____ (location) contains the list of names, titles and organizations of all task force members; ▪ Annual grant application at _____ (location) contains the strategic plan based on Highway Safety Guideline No. 8—Impaired Driving. □ The State has previously submitted a statewide impaired driving plan approved by a statewide impaired driving task force on _____ (date) and continues to use this plan. [ For fiscal year 2024 grant applications only □ The State will convene a statewide impaired driving task force to develop a statewide impaired driving plan, and will submit that plan by August 1 of the grant year. High-Range State Only [ Check one box below and fill in all blanks under that checked box. □ The State submits its statewide impaired driving plan approved by a statewide impaired driving task force on _____ (date) that includes a review of a NHTSA-facilitated assessment of the State's impaired driving program conducted on _____ (date). Specifically— ▪ Annual grant application at _____ (location) describes the authority and basis for operation of the statewide impaired driving task force; ▪ Annual grant application at _____ (location) contains the list of names, titles and organizations of all task force members; ▪ Annual grant application at _____ (location) contains the strategic plan based on Highway Safety Guideline No. 8—Impaired Driving; ▪ Annual grant application at _____ (location) addresses any related recommendations from the assessment of the State's impaired driving program; ▪ Annual grant application at _____ (location) contains the projects, in detail, for spending grant funds; ▪ Annual grant application at _____ (location) describes how the spending supports the State's impaired driving program and achievement of its performance targets. □ The State submits an updated statewide impaired driving plan approved by a statewide impaired driving task force on _____ (date) and updates its assessment review and spending plan provided in the annual grant application at _____ (location). [ For fiscal year 2024 grant applications only. □ The State's NHTSA-facilitated assessment was conducted on _____ (date) (within 3 years of the application due date); OR □ The State will conduct a NHTSA-facilitated assessment during the grant year; AND □ The State will convene a statewide impaired driving task force to develop a statewide impaired driving plan and will submit that plan by August 1 of the grant year. □ Part 4: Alcohol-Ignition Interlock Laws (23 CFR 1300.23(G)) [ Check the box above only if applying for this grant. [ Check one box below and fill in all blanks under that checked box. □ The State's alcohol-ignition interlock law, requiring all individuals convicted of driving under the influence or of driving while intoxicated to drive only motor vehicles with alcohol-ignition interlocks for a period of not less than 180 days, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: • _________ Requirement for alcohol-ignition interlocks for all DUI offenders for not less than 180 days; • _________ Identify all alcohol-ignition interlock use exceptions. □ The State's alcohol-ignition interlock law, requiring an individual convicted of driving under the influence of alcohol or of driving while intoxicated, and who has been ordered to use an alcohol-ignition interlock, and does not permit the individual to receive any driving privilege or driver's license unless the individual installs on each motor vehicle registered, owned, or leased by the individual an alcohol-ignition interlock for a period of not less than 180 days, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: • _________ Requirement for installation of alcohol ignition-interlocks for DUI offenders for not less than 180 days; • _________ Identify all alcohol-ignition interlock use exceptions. □ The State's alcohol-ignition interlock law, requiring an individual convicted of, or the driving privilege of whom is revoked or denied, for refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance, and who has been ordered to use an alcohol-ignition interlock, requires the individual to install on each motor vehicle to be operated by the individual an alcohol-ignition interlock for a period of not less than 180 days, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant; and The State's compliance-based removal program, requiring an individual convicted of driving under the influence of alcohol or of driving while intoxicated, and who has been ordered to use an alcohol-ignition interlock, requires the individual to install on each motor vehicle to be operated by the individual an alcohol-ignition interlock for a period of not less than 180 days, was enacted (if a law) or implemented (if a program) on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant; and The State's compliance-based removal program, requiring completion of a minimum consecutive period of not less than 40 percent of the required period of alcohol-ignition interlock installation immediately prior to the end of the individual's installation requirement, without a confirmed violation of the State's alcohol-ignition interlock program use requirements, was enacted (if a law) or implemented (if a program) on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: • _________ Requirement for installation of alcohol-ignition interlocks for refusal to submit to a test for 180 days; • _________ Requirement for installation of alcohol ignition-interlocks for DUI offenders for not less than 180 days; • _________ Requirement for completion of minimum consecutive period of not less than 40 percent of the required period of alcohol-interlock use; • _________ Identify list of alcohol-ignition interlock program use violations; • _________ Identify all alcohol-ignition interlock use exceptions. □ Part 5: 24-7 Sobriety Programs (23 CFR 1300.23(H)) [ Check the box above only if applying for this grant. [ Fill in all blanks. The State provides citations to a law that requires all individuals convicted of driving under the influence or of driving while intoxicated to receive a restriction on driving privileges that was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citation(s): [ Check at least one of the boxes below and fill in all blanks under that checked box. □ Law citation. Legal citation(s): □ Program information. □ Part 6: Distracted Driving Grants (23 CFR 1300.24) [ Check the box above only if applying for this grant and check the box(es) below for each grant for which you wish to apply. □ The State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria (MMUCC) and will provide supporting data ( i.e., □ Distracted Driving Awareness Grant • The State provides sample distracted driving questions from the State's driver's license examination in the annual grant application at _____ (location). Distracted Driving Law Grants [ Check at least 1 box below and fill in all blanks under that checked box. □ Prohibition on Texting While Driving The State's texting ban statute, prohibiting texting while driving and requiring a fine, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: ▪ _________ Prohibition on texting while driving; ▪ _________ Definition of covered wireless communication devices; ▪ _________ Fine for an offense; ▪ _________ Exemptions from texting ban. □ Prohibition on Handheld Phone Use While Driving The State's handheld phone use ban statute, prohibiting a driver from holding a personal wireless communications device while driving and requiring a fine for violation of the law, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: ▪ _________ Prohibition on handheld phone use; ▪ _________ Definition of covered wireless communication devices; ▪ _________ Fine for an offense; ▪ _________ Exemptions from handheld phone use ban. □ Prohibition on Youth Cell Phone Use While Driving The State's youth cell phone use ban statute, prohibiting youth cell phone use while driving, and requiring a fine, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: ▪ _________ Prohibition on youth cell phone use while driving; ▪ _________ Definition of covered wireless communication devices; ▪ _________ Fine for an offense; ▪ _________ Exemptions from youth cell phone use ban. □ Prohibition on Viewing Devices While Driving The State's viewing devices ban statute, prohibiting drivers from viewing a device while driving, was enacted on _____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citations: ▪ _________ Prohibition on viewing devices while driving; ▪ _________ Definition of covered wireless communication devices; □ Part 7: Motorcyclist Safety Grants (23 CFR 1300.25) [ Check the box above only if applying for this grant. [ Check at least 2 boxes below and fill in all blanks under those checked boxes only. □ Motorcycle Rider Training Course • The name and organization of the head of the designated State authority over motorcyclist safety issues is ____________. • The head of the designated State authority over motorcyclist safety issues has approved and the State has adopted one of the following introductory rider curricula: [ Check at least one of the following boxes below and fill in any blanks. □ Motorcycle Safety Foundation Basic Rider Course; □ TEAM OREGON Basic Rider Training; □ Idaho STAR Basic I; □ California Motorcyclist Safety Program Motorcyclist Training Course; □ Other curriculum that meets NHTSA's Model National Standards for Entry-Level Motorcycle Rider Training and that has been approved by NHTSA. • In the annual grant application at _____ (location), a list of counties or political subdivisions in the State where motorcycle rider training courses will be conducted during the fiscal year of the grant AND number of registered motorcycles in each such county or political subdivision according to official State motor vehicle records. □ Motorcyclist Awareness Program • The name and organization of the head of the designated State authority over motorcyclist safety issues is ____________. • The State's motorcyclist awareness program was developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues. • In the annual grant application at _____ (location), performance measures and corresponding performance targets developed for motorcycle awareness that identify, using State crash data, the counties or political subdivisions within the State with the highest number of motorcycle crashes involving a motorcycle and another motor vehicle. • In the annual grant application at _____ (location), the projects demonstrating that the State will implement data-driven programs in a majority of counties or political subdivisions where the incidence of crashes involving a motorcycle and another motor vehicle is highest, and a list that identifies, using State crash data, the counties or political subdivisions within the State ranked in order of the highest to lowest number of crashes involving a motorcycle and another motor vehicle per county or political subdivision. □ Helmet Law The State's motorcycle helmet law, requiring the use of a helmet for each motorcycle rider under the age of 18, was enacted on lowbarm;____ (date) and last amended on _____ (date), is in effect, and will be enforced during the fiscal year of the grant. Legal citation(s): ________________. □ Reduction of Fatalities and Crashes Involving Motorcycles • Data showing the total number of motor vehicle crashes involving motorcycles is provided in the annual grant application at _____ (location). • Description of the State's methods for collecting and analyzing data is provided in the annual grant application at _____ (location). □ Impaired Motorcycle Driving Program • In the annual grant application or triennial HSP at _____ (location), performance measures and corresponding performance targets developed to reduce impaired motorcycle operation. • In the annual grant application at _____ (location), countermeasure strategies and projects demonstrating that the State will implement data-driven programs designed to reach motorcyclists and motorists in those jurisdictions where the incidence of motorcycle crashes involving an impaired operator is highest ( i.e., □ Reduction of Fatalities and Crashes Involving Impaired Motorcyclists • Data showing the total number of reported crashes involving alcohol-impaired and drug-impaired motorcycle operators are provided in the annual grant application at _____ (location). • Description of the State's methods for collecting and analyzing data is provided in the annual grant application at _____ (location). □ Use of Fees Collected From Motorcyclists for Motorcycle Programs [ Check one box only below and fill in all blanks under the checked box only. □ Applying as a Law State— • The State law or regulation requires all fees collected by the State from motorcyclists for the purpose of funding motorcycle training and safety programs are to be used for motorcycle training and safety programs. Legal citation(s): AND • The State's law appropriating funds for FY ____ demonstrates that all fees collected by the State from motorcyclists for the purpose of funding motorcycle training and safety programs are spent on motorcycle training and safety programs. Legal citation(s): □ Applying as a Data State— • Data and/or documentation from official State records from the previous fiscal year showing that all □ Part 8: Nonmotorized Safety Grants (23 CFR 1300.26) [ Check the box above only if applying for this grant and only if NHTSA has identified the State as eligible because the State annual combined nonmotorized road user fatalities exceed 15 percent of the State's total annual crash fatalities based on the most recent calendar year final FARS data, then fill in the blank below. • The list of project(s) and subrecipient(s) information that the State plans to conduct under this program is provided in the annual grant application at _____(location(s)). □ Part 9: Preventing Roadside Deaths Grants (23 CFR 1300.27) [ Check the box above only if applying for this grant, then fill in the blank below. □ The State's plan describing the method by which the State will use grant funds is provided in the annual grant application at _____(location(s)). □ Part 10: Driver and Officer Safety Education Grants (23 CFR 1300.28) [ Check the box above only if applying for this grant. [ Check one box only below and fill in required blanks under the checked box only. □ Driver Education and Driving Safety Courses [ Check one box only below and fill in all blanks under the checked box only. □ Applying as a law State— The State law requiring that driver education and driver safety courses include instruction and testing related to law enforcement practices during traffic stops was enacted on _____(date) and last amended on _____(date), is in effect, and will be enforced during the fiscal year of the grant. Legal citation(s): ________________. □ Applying as a documentation State— • The State has developed and is implementing a driver education and driving safety course throughout the State that require driver education and driver safety courses to include instruction and testing related to law enforcement practices during traffic stops. • Curriculum or course materials, and citations to grant required topics within, are provided in the annual grant application at _____(location). □ Peace Officer Training Programs [ Check one box only below and fill in all blanks under the checked box only. □ Applying as a law State— The State law requiring that the State has developed and implemented a training program for peace officers and reserve law enforcement officers with respect to proper interaction with civilians during traffic stops was enacted on _____(date) and last amended on _____(date), is in effect, and will be enforced during the fiscal year of the grant. Legal citation(s): ________________. □ Applying as a documentation State— • The State has developed and is implementing a training program for peace officers and reserve law enforcement officers with respect to proper interaction with civilians during traffic stops. • Curriculum or course materials, and citations to grant required topics within, are provided in the annual grant application at _____(location). □ Applying as a qualifying State— • A proposed bill or planning or strategy documents that identify meaningful actions that the State has taken and plans to take to develop and implement a qualifying law or program is provided in the annual grant application at _____(location). • A timetable for implementation of a qualifying law or program within 5 years of initial application for a grant under this section is provided in the annual grant application at _____(location). □ Part 11: Racial Profiling Data Collection Grants (23 CFR 1300.29) [ Check the box above only if applying for this grant. [ Check one box only below and fill in all blanks under the checked box only. □ The official document(s) ( i.e., □ The projects that the State will undertake during the fiscal year of the grant to maintain and allow public inspection of statistical information on the race and ethnicity of the driver for each motor vehicle stop made by a law enforcement officer on all public roads except those classified as local or minor rural roads are provided in the annual grant application at _____(location). In my capacity as the Governor's Representative for Highway Safety, I hereby provide the following certifications and assurances • I have reviewed the above information in support of the State's application for 23 U.S.C. 405 and Section 1906 grants, and based on my review, the information is accurate and complete to the best of my personal knowledge. • As condition of each grant awarded, the State will use these grant funds in accordance with the specific statutory and regulatory requirements of that grant, and will comply with all applicable laws, regulations, and financial and programmatic requirements for Federal grants. • I understand and accept that incorrect, incomplete, or untimely information submitted in support of the State's application may result in the denial of a grant award. I understand that my statements in support of the State's application for Federal grant funds are statements upon which the Federal Government will rely in determining qualification for grant funds, and that knowing misstatements may be subject to civil or criminal penalties under 18 U.S.C. 1001. I sign these Certifications and Assurances based on personal knowledge, and after appropriate inquiry. Signature Governor's Representative for Highway Safety Date Printed name of Governor's Representative for Highway Safety

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