If my project was funded prior to December 4, 2015, and it includes the cost of non-functional landscaping, incorporating art, or an artist on the design team, can the transit agency still include these items in the project?
Yes. The prohibition on FTA funds being used to pay for the incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on a design team, applies only to grants (including full funding grant agreements) entered into on or after December 4, 2015, regardless of the year the funds were made available. This prohibition also includes grant amendments; open grants may not be amended to include these prohibited costs. A grant that includes these costs may be amended for other purposes consistent with FTA policy, such as to add incremental funding to a full funding grant agreement, but the grant or agreement may not be amended to add or amend these prohibited costs.