Notice2022-14344
Notice of Funding Opportunity for the Railroad Crossing Elimination Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This notice details the application requirements and procedures to obtain grant funding for eligible projects under the Railroad Crossing Elimination Program for Fiscal Year 2022. This notice solicits applications for the Railroad Crossing Elimination Program funds made available by the Infrastructure Investment and Jobs Act. The opportunity described in this notice is made available under Assistance Listings Number 20.327, "Railroad Crossing Elimination."
Full Text
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<title>Federal Register, Volume 87 Issue 128 (Wednesday, July 6, 2022)</title>
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[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40335-40346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14344]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the Railroad Crossing
Elimination Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT)
ACTION: Notice of funding opportunity.
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SUMMARY: This notice details the application requirements and
procedures to obtain grant funding for eligible projects under the
Railroad Crossing Elimination Program for Fiscal Year 2022. This notice
solicits applications for the Railroad Crossing Elimination Program
funds made available by the Infrastructure Investment and Jobs Act. The
opportunity described in this notice is made available under Assistance
Listings Number 20.327, ``Railroad Crossing Elimination.''
DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. ET, October 4, 2022. Applications that are
incomplete or received after 5:00 p.m. ET, on October 4, 2022 will not
be considered for funding. See Section D of this notice for additional
information on the application process.
ADDRESSES: Applications must be submitted via <a href="http://www.Grants.gov">www.Grants.gov</a>. Only
applicants who comply with all submission requirements described in
this notice and submit applications through <a href="http://www.Grants.gov">www.Grants.gov</a> will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via <a href="http://www.Grants.gov">www.Grants.gov</a> (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Mr. Douglas Gascon, Office of Policy and Planning, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W38-212,
Washington, DC 20590. However, due to delays caused by enhanced
screening of mail delivered via the U.S. Postal Service, applicants are
advised to use other means of conveyance (such as courier service) to
assure timely receipt of materials before the application deadline.
FOR FURTHER INFORMATION CONTACT: For further information related to
this notice, please contact Mr. Douglas Gascon, Office of Policy and
Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Room W38-212, Washington, DC 20590; email: <a href="/cdn-cgi/l/email-protection#dcb8b3a9bbb0bdaff2bbbdafbfb3b29ce0bdfcb4aeb9bae1" http: dot.gov">dot.gov</a>">douglas.gascon@<a href="http://dot.gov">dot.gov</a></a>;
phone: 202-493-0239.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials.
Definitions of key terms used throughout the NOFO are provided in
Section A(2) below. These key terms are capitalized throughout the
NOFO. There are several administrative and specific eligibility
requirements described herein with which applicants must comply.
Additionally, applicants should note that the required Project
Narrative component of the application package may not exceed 25 pages
in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
[[Page 40336]]
A. Program Description
1. Overview
Section 22305 of the Infrastructure Investment and Jobs Act (IIJA)
(Pub. L. 117-58, November 15, 2021), codified at 49 U.S.C. 22909,
authorizes the Railroad Crossing Elimination Program (RCE Program). The
purpose of the RCE Program is to fund highway-rail or pathway-rail
grade crossing improvement projects that focus on improving the safety
and mobility of people and goods. This NOFO is funded through the
advanced appropriation in Division J of IIJA. The RCE Program provides
a Federal funding opportunity to improve American rail infrastructure
to enhance rail safety, improve the health and safety of communities,
eliminate highway-rail and pathway-rail grade crossings that are
frequently blocked by trains, and reduce the impacts that freight
movement and railroad operations may have on underserved communities.
Discretionary grant awards, funded through the RCE Program, will
support projects that improve safety, economic strength and global
competitiveness, equity, and climate and sustainability, consistent
with the U.S. Department of Transportation's (DOT) strategic goals.\1\
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\1\ DOT Strategic Framework FY 2022-2026 (Dec. 2021) at <a href="https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>.
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FRA has a strong interest in promoting grade separations, closing
crossings through track relocation, and corridor-wide grade crossing
improvements that maximize the safety and efficiency of the U.S. rail
network. Highway-rail grade crossing accidents, together with accidents
caused by trespassing along the railroad right-of-way, account for 94%
of all rail-related deaths and injuries. The safest crossing is no
crossing, and grade separating or otherwise eliminating crossings is
the most direct way to prevent intrusions into the railroad right-of-
way.
The RCE Program will be implemented, as appropriate and consistent
with law, in alignment with the priorities in Executive Order 14052,
Implementation of the Infrastructure Investments and Jobs Act (86 FR
64355), which are to invest efficiently and equitably, promote the
competitiveness of the U.S. economy, improve job opportunities by
focusing on high labor standards, strengthen infrastructure resilience
to all hazards including climate change, and to effectively coordinate
with State, local, Tribal, and territorial government partners.
In addition to improving safety, FRA seeks to fund projects under
the RCE Program that reduce greenhouse gas emissions and are designed
with specific elements to address climate change impacts. Specifically,
FRA is looking to award projects that align with the President's
greenhouse gas reduction goals, promote energy efficiency, support
fiscally responsible land use and efficient transportation design,
increase climate resilience, support domestic manufacturing, and reduce
pollution.
FRA also seeks to fund projects that address environmental justice,
particularly for communities that disproportionally experience climate
change-related consequences. Environmental justice, as defined by the
Environmental Protection Agency, is the fair treatment and meaningful
involvement of all people regardless of race, color, national origin,
or income, with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies. As part
of the implementation of Executive Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR 7619), FRA seeks to fund projects
that, to the extent possible, target at least 40 percent of resources
and benefits towards low-income communities, disadvantaged communities,
communities underserved by affordable transportation, or overburdened
\2\ communities. For more information, please consult DOT's
disadvantaged communities mapping tool to determine if a proposed
project impacts disadvantaged communities: Transportation Disadvantaged
Census Tracts (<a href="http://arcgis.com">arcgis.com</a>) and at: <a href="https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a>.
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\2\ Overburdened Community: Minority, low-income, tribal, or
indigenous populations or geographic locations in the United States
that potentially experience disproportionate environmental harms and
risks. This disproportionality can be as a result of greater
vulnerability to environmental hazards, lack of opportunity for
public participation, or other factors. Increased vulnerability may
be attributable to an accumulation of negative or lack of positive
environmental, health, economic, or social conditions within these
populations or places. The term describes situations where multiple
factors, including both environmental and socio-economic stressors,
may act cumulatively to affect health and the environment and
contribute to persistent environmental health disparities.
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Additionally, FRA seeks to fund projects that proactively address
racial equity and barriers to opportunity, including automobile
dependence, as a form of barrier, or redress prior inequities and
barriers to opportunity. Section E describes racial equity
considerations that an applicant can undertake, and FRA will consider
during the review of applications.
In addition to prioritizing projects that address climate change,
proactively address racial equity, and reduce barriers to opportunity,
FRA intends to use the RCE program to support the creation of good-
paying jobs with the free and fair choice to join a union and the
incorporation of strong labor standards and training and placement
programs, especially registered apprenticeships and Local Hire
agreements, in project planning stages. Projects that incorporate such
planning considerations are expected to support a strong economy and
labor market. Section E describes job creation and labor considerations
that an applicant can undertake, and that FRA will consider, during the
review of applications.
Section E of this NOFO, which outlines the RCE Program grant
selection criteria, describes the process for selecting projects that
further these goals. Section F.3 describes progress and performance
reporting requirements for selected projects, including the
relationship between that reporting and the RCE Program's selection
criteria.
2. Definitions of Key Terms
Terms defined in this section are capitalized throughout this
notice.
a. ``Construction'' means the production of fixed works and
structures or substantial alterations to such structures or land and
associated costs.
b. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple ride, and commuter tickets and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3).
c. ``Final Design (FD)'' means design activities following
Preliminary Engineering, and at a minimum, includes the preparation of
final Construction plans consistent with the applicable environmental
decision document, detailed specifications, and estimates sufficiently
detailed to inform project stakeholders (designers, reviewers,
contractors, suppliers, etc.) of the actions required to advance the
project from design through completion of Construction.
d. ``Grade Separation or Closure'' means an underpass or overpass
to eliminate level crossings between railroad and highway users at an
existing highway-rail or pathway-rail grade crossing, or the closing of
a highway-rail grade crossing to vehicular or pedestrian traffic.
[[Page 40337]]
e. ``Highway-Rail Grade Crossing'' means a location where a public
highway, road, street, or private roadway, including associated
sidewalks and pathways, crosses one or more railroad tracks at grade.
f. ``Improvement Project'' means a project related to a highway or
pathway-rail crossing including: installation, repair, or improvement
of crossings, grade separations, railroad crossing signals, gates,
bells, audible warning devices and related technologies; highway
traffic signalization, lighting, crossing approach signage, and roadway
improvements such as medians or other barriers; pathway improvements
such as bollards; railroad crossing panels and surfaces; and other
safety engineering improvements, or highway-rail programs to reduce
risk.
g. ``National Environmental Policy Act (NEPA)'' is a federal law
that requires Federal agencies to analyze and document the
environmental impacts of a proposed action in consultation with
appropriate Federal, state, and local authorities, and with the public.
NEPA classes of action include an Environmental Impact Statement (EIS),
Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA
class of action depends on the nature of the proposed action, its
complexity, and the potential impacts. For purposes of this NOFO, NEPA
also includes all related Federal laws and regulations including the
Clean Air Act, Section 4(f) of the Department of Transportation Act,
Section 7 of the Endangered Species Act, and Section 106 of the
National Historic Preservation Act. Additional information regarding
FRA's environmental processes and requirements are located at <a href="https://www.fra.dot.gov/environment">https://www.fra.dot.gov/environment</a>.
h. ``Pathway-Rail Grade Crossing'' means a pathway that crosses one
or more railroad tracks at grade and that is: (1) explicitly authorized
by a public authority or a railroad; (2) dedicated for the use of non-
vehicular traffic, including pedestrians, bicyclists, and others; and
(3) not associated with a public highway, road, or street, or a private
roadway.
i. ``Preliminary Engineering (PE)'' means engineering design to:
(1) define a project, including identification of all environmental
impacts, design of all critical project elements at a level sufficient
to assure reliable cost estimates and schedules; (2) complete project
management and financial plans; and (3) identify procurement
requirements and strategies. The PE development process starts with
specific project design alternatives that allow for the assessment of a
range of rail improvements, specific alignments, and project designs.
PE generally occurs concurrently with NEPA and related analyses, and
prior to Final Design and Construction.
j. ``Rural Area'' means any area that is not within an area
designated as an urbanized area by the most recent Bureau of the
Census.
k. ``Track Relocation'' means moving a rail line vertically or
laterally to a new location in order to eliminate an existing highway-
rail grade crossing. ``Vertical Relocation'' refers to raising above
the current ground level or sinking below the current ground level of a
rail line. ``Lateral Relocation'' refers to moving a rail line
horizontally to a new location.
l. ``Tribal Lands'' means any lands reserved for a Federally-
recognized Native American tribe or tribes under treaty or other
agreement with the United States, executive order, or federal statute
or administrative action as permanent tribal homelands, and where the
federal government holds title to the land in trust on behalf of the
tribe.
B. Federal Award Information
1. Available Award Amount
The total funding available for awards under this NOFO is
$573,264,000.\3\ Should additional RCE Program funds become available
after the release of this NOFO, FRA may elect to award such additional
funds to applications received under this NOFO.
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\3\ Of the $600,000,000 in funding made available in Title J of
IIJA, $14,736,000 will be separately made available for Special
Transportation Circumstances grants and $12,000,000 will be set
aside for award and program oversight conducted by FRA.
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Further, certain funding amounts are set-aside for the following
purposes under this NOFO:
(a) Planning Projects--At least three percent of the total grant
funds available, or $18,000,000, will be made available for planning
projects described in 49 U.S.C. 22909(d)(6). At least 25 percent of
these funds, or $4,500,000 will be made available for projects located
in Rural Areas or on Tribal Lands.
(b) Rural or Tribal set aside--At least 20 percent of the total
grant funds available, or $114,652,800, will be made available for
projects located in Rural Areas or on Tribal Lands, as required by 49
U.S.C. 22909(f)(3)(A). At least five percent of these funds, or
$5,732,640 will be made available for projects in counties with 20 or
fewer residents per square mile, according to the most recent decennial
census, provided that sufficient eligible applications have been
submitted.
In addition, FRA will make at least $1,500,000 available for grants
that carry out Highway-Rail Grade Crossing safety information and
education programs.
2. Award Size
FRA will not award grants for less than $1,000,000, except for a
planning project, as described in section 49 U.S.C. 22909(d)(6). There
are no predetermined maximum dollar thresholds for individual awards,
but no more than 20% of the grant funds available ($114,652,800) will
be awarded for projects in any single State. FRA anticipates making
multiple awards with the available funding. Given the limited amount of
funding currently available, FRA may not be able to award grants to all
eligible applications even if they meet or exceed the stated evaluation
criteria (see Section E, Application Review Information). Projects may
require more funding than is available. FRA encourages applicants to
propose a project that has operational independence, or a component of
such project, that can be completed and implemented with funding under
this NOFO as a part of the total project cost together with other, non-
Federal sources. (See Section C(3)(c) for more information.)
3. Award Type
FRA will make awards for projects selected under this notice
through grant agreements and/or cooperative agreements. Grant
agreements are used when FRA does not expect to have substantial
Federal involvement in carrying out the funded activity. Cooperative
agreements allow for substantial Federal involvement in carrying out
the agreed upon investment, including technical assistance, review of
interim work products, and increased program oversight. The term
``grant'' is used throughout this document and is intended to reference
funding awarded through a grant agreement or a cooperative agreement.
The funding provided under this NOFO will be made available to grantees
on a reimbursable basis. Applicants must certify that their
expenditures are allowable, allocable, reasonable, and necessary to the
approved project before seeking reimbursement from FRA. Additionally,
the grantee is expected to expend matching funds at the required
percentage concurrent with Federal funds throughout the life of the
project. See an example of standard terms and conditions for FRA grant
awards at: https://www.fra.dot.gov/eLib/Details/
[[Page 40338]]
L19057. This template is subject to revision.
4. Concurrent Applications
DOT and FRA may be concurrently soliciting applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for funding under this NOFO, applicants must indicate the other
program(s) to which they submitted an application for funding the
entire project or certain project components, as well as highlight new
or revised information in the application responsive to this NOFO that
differs from the previously submitted application(s).
C. Eligibility Information
This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and project
component operational independence. Applications that do not meet the
requirements in this section are ineligible for funding. Instructions
for submitting eligibility information to FRA are detailed in Section D
of this NOFO.
1. Eligible Applicants
The following entities are eligible applicants for all projects
permitted under this notice:
a. A State, including the District of Columbia, Puerto Rico, and
other United States territories and possessions;
b. A political subdivision of a State;
c. A federally recognized Indian Tribe.
d. A unit of local government or a group of local governments.
e. A public port authority.
f. A metropolitan planning organization.
g. A group of entities described in any of paragraphs (1) through
(6).
Grants under the RCE Program are not subject to the limitation in
49 U.S.C. 22905(f) and may therefore be awarded for commuter rail
passenger transportation projects. FRA will transfer such projects to
the Federal Transit Administration to administer.
The applicant serves as the primary point of contact for the
application, and if selected, as the recipient of the RCE Program grant
award. An application may identify entities that are not eligible
applicants as project partners.
2. Cost Sharing or Matching
The Federal share of total costs for RCE Program projects funded
under this notice shall not exceed 80 percent. The estimated total cost
of a project must be based on the best available information, including
engineering studies, studies of economic feasibility, and environmental
analyses. Additionally, in preparing estimates of total project costs,
applicants may use FRA's cost estimate guidance, ``Capital Cost
Estimating: Guidance for Project Sponsors,'' which is available at:
<a href="https://www.fra.dot.gov/Page/P0926">https://www.fra.dot.gov/Page/P0926</a>.
The minimum 20 percent non-Federal share may be comprised of public
sector funding (e.g., state, or local) or private sector funding. FRA
will not consider any Federal financial assistance \4\ or any non-
Federal funds already expended (or otherwise encumbered) toward the
matching requirement, unless compliant with 2 CFR part 200. In-kind
contributions, including the donation of services, materials, and
equipment, may be credited as a project cost, in a uniform manner
consistent with 2 CFR 200.306. In addition, applicants may count costs
incurred for Preliminary Engineering associated with Highway-Rail Grade
Crossing and Pathway-Rail Grade Crossing Improvement Projects as part
of the total project costs. Such costs are eligible as non-Federal
share or for reimbursement, even if they were incurred before project
selection for award, consistent with 49 U.S.C. 22909(g).\5\ Such costs
must have been incurred no earlier than November 15, 2021 and must be
otherwise compliant with 2 CFR part 200 and the requirements of this
RCE Program.
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\4\ See Section D(2)(a)(iii) for supporting information required
to demonstrate eligibility of Federal funds for use as match.
\5\ FRA interprets the language in 49 U.S.C. 22909(g) to permit
FRA to reimburse grantees for Preliminary Engineering costs incurred
before the date of project selection, if the costs would be
permitted as part of total project costs if incurred after the date
of project selection and are consistent with 2 CFR part 200.
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Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See Section D(2)(a)(iii)
for required application information on non-Federal match and Section E
for further discussion of FRA's consideration of matching funds in the
review and selection process. FRA will approve pre-award costs
consistent with 2 CFR 200.458, as applicable. See Section D(6). Cost
sharing or matching may be used only for eligible expenses under the
Program and are subject to the requirements of the Federal award.
3. Other
a. Project Eligibility
The following Highway-Rail or Pathway-Rail Grade Crossing
Improvement Projects that focus on improving the safety and mobility of
people and goods are eligible for funding under 49 U.S.C. 22909(d), and
this NOFO:
(1) Grade separation or closure, including through the use of a
bridge, embankment, tunnel, or combination thereof;
(2) Track relocation;
(3) The improvement or installation of protective devices, signals,
signs, or other measures the improve safety, provided that such
activities are related to a separation or relocation project described
in paragraph (1) or (2);
(4) Other means to improve the safety and mobility of people and
goods at highway-rail grade crossings (including technological
solutions); \6\
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\6\ Highway-Rail Grade Crossing Safety Information and Education
Programs are eligible under this category.
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(5) A group of related projects described in paragraphs (1) through
(4) that would collectively improve the mobility of people and goods;
or
(6) The planning, environmental review, and design of an eligible
project described in paragraphs (1) through (5).\7\
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\7\ Projects under this section are eligible independently, or
together with construction of a project in paragraph (1) through
(5).
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b. Project Component Operational Independence
If an applicant requests funding for a project that is a component
or set of components of a larger project, then the project component(s)
must be attainable with the award amount and must comply with all
eligibility requirements described in Section C.
In addition, the component(s) must enable independent analysis and
decision making, as determined by FRA, under NEPA (i.e., have
independent utility, connect logical termini, and do not restrict the
consideration of alternatives for other reasonably foreseeable rail
projects).
c. Rural or Tribal Lands Project
FRA will consider a project to be in a Rural Area or on Tribal
Lands if all or the majority of the project (determined by geographic
location(s) where the majority of the project funds will be spent) is
located in a Rural Area or on Tribal Lands. However, in the event FRA
elects to fund a component of the project, then FRA will reevaluate
whether the project is in a Rural Area or on Tribal Lands.
[[Page 40339]]
D. Application and Submission Information
Required documents for the application are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application. See Section D(2) for the application
checklist. FRA welcomes the submission of additional relevant
supporting documentation, such as planning, engineering and design
documentation, and letters of support from partnering organizations
that will not count against the Project Narrative 25-page limit.
1. Address To Request Application Package
Application materials may be accessed at <a href="https://www.Grants.gov">https://www.Grants.gov</a>.
Applicants must submit all application materials in their entirety
through <a href="https://www.Grants.gov">https://www.Grants.gov</a> no later than 5:00 p.m. ET, on October
4, 2022. Applicants are strongly encouraged to apply early to ensure
that all materials are received before the application deadline. FRA
reserves the right to modify this deadline. General information for
submitting applications through <a href="http://Grants.gov">Grants.gov</a> can be found at: <a href="https://www.fra.dot.gov/Page/P0270">https://www.fra.dot.gov/Page/P0270</a>. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a disability. If you require an
alternative version of files provided, please contact Laura Mahoney at
<a href="/cdn-cgi/l/email-protection#bcd0ddc9cedd92d1ddd4d3d2d9c5fc80dd9cd4ced9da81" http: dot.gov">dot.gov</a>">laura.mahoney@<a href="http://dot.gov">dot.gov</a></a>; phone: 202-578-9337.
2. Content and Form of Application Submission
FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Applications that are
not submitted on time or do not contain all required documentation will
not be considered for funding.
Required documents for an application package are outlined in the
checklist below.
i. Project Narrative (see D.2.a).
ii. Statement of Work (see D.2.b.i).
iii. Environmental Compliance Documentation (see D.2.b.iii).
iv. SF 424--Application for Federal Assistance.
v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
vii. FRA F 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying.
viii. FRA F 251--Applicant Financial Capability Questionnaire
ix. SF LLL--Disclosure of Lobbying Activities, if applicable.
a. Project Narrative
This section describes the minimum content required in the Project
Narrative of grant applications. The Project Narrative must follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.
I. Cover Page.......................... See D.2.a.i
II. Project Summary.................... See D.2.a.ii
III. Project Funding................... See D.2.a.iii
IV. Applicant Eligibility.............. See D.2.a.iv
V. Detailed Project Description........ See D.2.a.v
VI. Project Location................... See D.2.a.vi
VII. Grade Crossing Information........ See D.2.a.vii
VIII. Evaluation and Selection Criteria See D.2.a.viii
IX. Safety Benefit..................... See D.2.a.ix
X. Project Implementation and See D.2.a.x
Management.
XI. Environmental Readiness............ See D.2.a.xi
The above content must be provided in a narrative statement
submitted by the applicant. The Project Narrative may not exceed 25
pages in length (excluding cover pages, table of contents, and
supporting documentation). If possible, applicants should submit
supporting documents via website links rather than hard copies. If
supporting documents are submitted, applicants must clearly identify
the relevant portion of the supporting document with the page numbers
of the cited information in the Project Narrative. The Project
Narrative must adhere to the following outline.
i. Cover Page: Include a cover page that lists the following
elements in either a table or formatted list:
------------------------------------------------------------------------
------------------------------------------------------------------------
Project Title...........................
Applicant...............................
Federal Funding Requested Under this $:
NOFO.
Proposed Non-Federal Match.............. $: In-Kind:
Does some or all of the proposed Non- If yes, how much?
Federal Match for the total project
cost consist of preliminary engineering
costs incurred before project
selection?.
Other Sources of Federal funding, if Source:
applicable. $:
Total Project Cost...................... $:
Was a Federal Grant Application Yes/No.
Previously Submitted for this Project?. If yes, please specify the
program, funding year and
project title of the previous
application.
City(-ies), State(s) Where the Project ..............................
is Located.
Congressional District(s) Where the
Project is Located.
Is this project identified in:.......... Yes/No.
If Yes, please specify in
which plans the project is
currently identified, and
provide the identifying
number if applicable.
<bullet> The freight investment plan
component of a State freight plan,
as required under Section
70202(b)(9),.
<bullet> A State rail plan prepared
in accordance with Chapter 227; or.
<bullet> A State highway-rail grade
crossing action plan, as required
under section 11401(b) of Passenger
Rail Reform and Investment Act of
2015 (title XI of Public Law 114-
94).
Is the Project Located in a Rural Area
or on Tribal Land?.
Is the project eligible for a funding If yes, please specify which
set-aside in Section B.1?. one [Planning Projects,
Safety Information and
Education Program, Rural or
Tribal Set-Aside].
[[Page 40340]]
If the Project is located in a Rural
Area or Tribal Land, is the Project
Located in a county with 20 or fewer
residents per square mile, according to
the most recent decennial census.
U.S. DOT Crossing Number(s) \8\ (if
applicable).
Is the Project located on real property If yes, list real property
owned by someone other than the owners and the nature of the
applicant?. property interest.
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ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project and what the project will entail. Include challenges
the proposed project aims to address and summarize the intended
outcomes and anticipated benefits that will result from the proposed
project.
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\8\ <a href="https://railroads.dot.gov/safety-data/crossing-and-inventory-data/crossing-inventory-lookup">https://railroads.dot.gov/safety-data/crossing-and-inventory-data/crossing-inventory-lookup</a>.
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iii. Project Funding: Indicate in table format the amount of
Federal funding requested, the proposed non-Federal match, and total
project cost. Identify the source(s) of matching and other funds, and
clearly and distinctly reflect these funds as part of the total project
cost in the application budget. Specifically, identify the financial
support, if any, from impacted rail carriers. Include funding
commitment letters outlining funding agreements, as attachments or in
an appendix. If Federal funding is proposed as match, demonstrate the
applicant's determination of eligibility for such use, and the legal
basis for that determination. Also, note if the requested Federal
funding under this NOFO or other programs must be obligated or spent by
a certain date due to dependencies or relationships with other Federal
or non-Federal funding sources, related projects, law, or other
factors. If applicable, provide the type and estimated value of any
proposed in-kind contributions, as well as substantiate how the
contributions meet the requirements in 2 CFR 200.306. Finally, specify
whether Federal funding for the project has previously been sought, and
identify the Federal program and fiscal year of the funding request(s),
as well as highlight new or revised information in the RCE Program
application that differs from the application(s) to other financial
assistance programs. If costs incurred for Preliminary Engineering
activities, consistent with Section C.2 are proposed as match, describe
the activities including the date(s) costs were incurred.
Example Project Funding Table
----------------------------------------------------------------------------------------------------------------
Task name/project Percentage of total
Task No. component Cost cost
----------------------------------------------------------------------------------------------------------------
1....................................
2....................................
---------------------------------------------------------------
Total Project Cost
Federal Funds Received from Previous
Grant
Federal Funding Request Under this
NOFO
Non-Federal Funding/Match Cash:..................
In-Kind:...............
Preliminary Engineering
costs, consistent with
Section C.2:.
Portion of Non-Federal Funding from
the Private Sector
Please list amounts per source
Portion of Total Project Costs Spent
in a Rural Area or on Tribal Lands
Pending Federal Funding Requests
----------------------------------------------------------------------------------------------------------------
iv. Applicant Eligibility: Explain how the applicant meets the
applicant eligibility criteria outlined in Section C of this notice
including where appropriate citations to applicable enabling
legislation for the applicant.
v. Detailed Project Description: Include a detailed project
description that expands upon the brief project summary. This detailed
description should provide, at a minimum: additional background on the
challenges the project aims to address; the expected outcomes; the
expected users and beneficiaries of the project, including all railroad
operators; the specific components and elements of the project; and any
other information the applicant deems necessary to justify the proposed
project. For all projects, applicants must provide information about
proposed performance measures, as described in Section F(3)(c) and
required in 2 CFR 200.301. . Applicants should specify whether the
project will result in the elimination of one or more grade crossings
through grade separation or otherwise.
vi. Highway-Rail Grade Crossing Safety Information and Education
Programs:--For these projects, specify how the program will help
prevent and reduce pedestrian, motor vehicle and other accidents,
incidents, injuries and facilities, and how the program will help
improve awareness along railroad rights-of-way and at highway-rail
grade crossings.
vii. Project Location: Include geospatial data for the project, as
well as a map of the project's location. Geospatial data can be
expressed in terms of decimal degrees for latitude and longitude of at
least five decimal places of precision or start and end
[[Page 40341]]
mileposts designating railroad code and subdivision name. On the map,
include the Congressional districts in which the project will take
place.
viii. Grade Crossing Information: Cite specific DOT National Grade
Crossing Inventory information, including the railroad that owns the
infrastructure (or the crossing owner, if different from the railroad),
the primary railroad operator, the DOT crossing inventory number, and
the roadway at the crossing. Applicants can search for data to meet
this requirement at the following link: <a href="http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx">http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx</a>.
ix. Evaluation and Selection Criteria: Include a thorough
discussion of how the proposed project meets all of the evaluation and
selection criteria, as outlined in Section E of this notice. If an
application does not sufficiently address the evaluation criteria and
the selection criteria, it is unlikely to be a competitive application.
x. Safety Benefit: Applicants are strongly encouraged to submit
safety justifications for the project that rely on standardized,
objective safety metrics and data, if available, including data from
sources such as: GradeDec.Net; National Risk Index; 49 CFR part 234;
safety metrics found in Appendix D of 49 CFR part 222; the FRA crossing
incident dashboard (FRA Safety Data & Reporting [verbar] FRA
(<a href="http://dot.gov">dot.gov</a>)); or other relevant safety data or metrics.
xi. DOT Strategic Goals: To the extent feasible, and consistent
with the selection criteria described in Section F.2, applicants should
describe efforts to consider climate change and sustainability impacts,
as well as efforts to improve equity and reduce barriers to opportunity
in project planning. In addition, applicants should describe how
planning activities and project delivery actions advance good-paying,
quality jobs and workforce programs and hiring policies that promote
workforce inclusion.
xii. Project Implementation and Management: Describe proposed
project implementation and project management arrangements, including
between the applicant and project partners, if any. Include
descriptions of the expected arrangements for project contracting,
contract oversight and control, change-order management, risk
management, and conformance to Federal requirements for project
progress reporting (see <a href="https://www.fra.dot.gov/Page/P0274">https://www.fra.dot.gov/Page/P0274</a>). Describe
past experience in managing and overseeing similar projects.
xiii. Environmental Readiness: If the NEPA process is complete, an
applicant should indicate the date of completion, and provide a website
link or other reference to the documents demonstrating compliance with
NEPA, which might include a final Categorical Exclusion, Finding of No
Significant Impact, or Record of Decision. If the NEPA process is not
yet underway, the application should state this. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all NEPA-related milestones. If
the last agency action with respect to NEPA documents occurred more
than three years before the application date, the applicant should
describe why the project has been delayed and why NEPA documents have
not been updated and include a proposed approach for verifying and, if
necessary, updating this material in accordance with applicable NEPA
requirements. Additional information regarding FRA's environmental
processes and requirements are located at <a href="https://www.fra.dot.gov/environment">https://www.fra.dot.gov/environment</a>.
b. Additional Application Elements
Applicants must submit:
i. A Statement of Work (SOW) addressing the scope, schedule,
budget, and performance measures for the proposed project if it were
selected for award. The SOW must contain sufficient detail so FRA, and
the applicant, can understand the expected outcomes of the proposed
work to be performed and can monitor progress toward completing project
tasks and deliverables during a prospective grant's period of
performance. Applicants must submit an SOW, schedule, budget, and
performance measures to be considered for award. These four required
documents are labeled Example General Grants--Attachments 2-5 and are
located at <a href="https://www.fra.dot.gov/Page/P0325">https://www.fra.dot.gov/Page/P0325</a>. Applications that do not
include all four of the grant package templates will be considered
incomplete and will not be reviewed. When preparing the budget, the
total cost of a project must be based on the best available information
as indicated in cited references that include engineering studies,
economic feasibility studies, environmental analyses, and information
on the expected use of equipment or facilities.
ii. Environmental compliance documentation, as applicable, if a
website link is not cited in the Project Narrative.
iii. SF 424--Application for Federal Assistance.
iv. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
v. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
vi. FRAF 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at <a href="https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters">https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters</a>.
vii. FRA F 251--Applicant Financial Capability Questionnaire,
located at <a href="https://railroads.dot.gov/elibrary/fra-f-251">https://railroads.dot.gov/elibrary/fra-f-251</a>.
viii. SF LLL--Disclosure of Lobbying Activities, if applicable.
Standard OMB Forms needed for the electronic application process
are at <a href="http://www.Grants.gov">www.Grants.gov</a>.
c. Post-Selection Requirements
See Section F(2) of this notice for post-selection requirements.
3. Unique Entity Identifier and System for Award Management (SAM)
To apply for funding through <a href="http://Grants.gov">Grants.gov</a>, applicants must be
properly registered in SAM before submitting an application; provide a
valid unique entity identifier in its application; and continue to
maintain an active SAM registration as described in detail below.
Complete instructions on how to register and submit an application can
be found at <a href="http://www.Grants.gov">www.Grants.gov</a>. Registering with <a href="http://Grants.gov">Grants.gov</a> is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for
an application extension.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable SAM requirements. If an applicant has
not fully complied with these requirements by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
federal award and use that determination as a basis for making a
federal award to another applicant. Late applications that are the
result of a failure to register or comply with <a href="http://Grants.gov">Grants.gov</a> applicant
requirements in a timely manner will not be considered. If
[[Page 40342]]
an applicant has not fully complied with the requirements by the
submission deadline, the application will not be considered. To submit
an application through <a href="http://Grants.gov">Grants.gov</a>, applicants must:
a. Register With the SAM at <a href="http://www.SAM.gov">www.SAM.gov</a>
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in <a href="http://Grants.gov">Grants.gov</a>. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and subrecipients.
Organizations that have previously submitted applications via
<a href="http://Grants.gov">Grants.gov</a> are already registered with SAM, as it is a requirement for
<a href="http://Grants.gov">Grants.gov</a> registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a recipient's immediate and
highest-level owner and subsidiaries, as well as on all predecessors
that have been awarded a federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at www.sam.gov.
b. Obtain a Unique Entity Identifier
On April 4, 2022, the federal government stopped using DUNS
numbers. The DUNS Number was replaced by a new, non-proprietary
identifier that is provided by the System for Award Management
(<a href="http://SAM.gov">SAM.gov</a>). This new identifier is called the Unique Entity Identifier
(UEI), or the Entity ID. To find or request a Unique Entity Identifier,
please visit www.sam.gov.
c. Create a <a href="http://Grants.gov">Grants.gov</a> Username and Password
Applicants must complete an Authorized Organization Representative
(AOR) profile on <a href="http://www.Grants.gov">www.Grants.gov</a> and create a username and password.
Applicants must use the organization's UEI to complete this step.
Additional information about the registration process is available at:
<a href="https://www.grants.gov/web/grants/applicants/organization-registration.html">https://www.grants.gov/web/grants/applicants/organization-registration.html</a>.
d. Acquire Authorization for Your AOR From the E-Business Point of
Contact (E-Biz POC)
The E-Biz POC at the applicant's organization must respond to the
registration email from <a href="http://Grants.gov">Grants.gov</a> and login at <a href="http://www.Grants.gov">www.Grants.gov</a> to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This
NOFO
If an applicant has trouble at any point during this process,
please call the <a href="http://Grants.gov">Grants.gov</a> Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: <a href="http://www.grants.gov/web/grants/applicants/apply-for-grants.html">http://www.grants.gov/web/grants/applicants/apply-for-grants.html</a>.
4. Submission Dates and Times
Applicants must submit complete applications to <a href="http://www.Grants.gov">www.Grants.gov</a> no
later than 5:00 p.m. ET, October 4, 2022. Applicants will receive a
system-generated acknowledgement of receipt. FRA reviews <a href="http://www.Grants.gov">www.Grants.gov</a>
information on dates/times of applications submitted to determine
timeliness of submissions. Late applications will be neither reviewed
nor considered. Delayed registration is not an acceptable reason for
late submission. To apply for funding under this announcement, all
applicants are expected to be registered as an organization with
<a href="http://Grants.gov">Grants.gov</a>. Applicants are strongly encouraged to apply early to ensure
all materials are received before this deadline.
To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) failure to complete the <a href="http://Grants.gov">Grants.gov</a> registration process before the
deadline; (2) failure to follow <a href="http://Grants.gov">Grants.gov</a> instructions on how to
register and apply as posted on its website; (3) failure to follow all
the instructions in this NOFO; and (4) technical issues experienced
with the applicant's computer or information technology environment.
5. Intergovernmental Review
Intergovernmental Review is required for this program. Applicants
must contact their State Single Point of Contact to comply with their
State's process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as applicable, FRA will only approve
pre-award costs if such costs are incurred pursuant to the negotiation
and in anticipation of the grant agreement and if such costs are
necessary for efficient and timely performance of the scope of work.
Under 2 CFR 200.458, grant recipients must seek written approval from
FRA for pre-award activities to be eligible for reimbursement under the
grant. Activities initiated prior to the execution of a grant or
without FRA's written approval may be ineligible for reimbursement or
matching contribution. Cost sharing or matching may be used only for
authorized Federal award purposes.
7. Other Submission Requirements
For any supporting application materials that an applicant cannot
submit via <a href="http://Grants.gov">Grants.gov</a>, such as oversized engineering drawings, an
applicant may submit an original and two (2) copies to Douglas Gascon,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590. However, due to delays caused by enhanced screening of mail
delivered via the U.S. Postal Service, FRA advises applicants to use
other means of conveyance (such as courier service) to assure timely
receipt of materials before the application deadline. Additionally, if
documents can be obtained online, explaining to FRA how to access files
on a referenced website may also be sufficient.
Note: Please use generally accepted formats such as .pdf, .doc,
.docx, .xls, .xlsx and .ppt, when uploading attachments. While
applicants may embed picture files, such as .jpg, .gif, and .bmp in
document files, applicants should not submit attachments in these
formats. Additionally, the following formats will not be accepted:
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.
E. Application Review Information
1. Criteria
a. Eligibility, Completeness, and Applicant Risk Review
FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in Section C of this
notice), completeness (application documentation and submission
requirements are outlined in Section D of this notice), and the 20
percent minimum non-Federal match.
FRA will then consider applicant risk, including the applicant's
past performance in developing and delivering similar projects.
[[Page 40343]]
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine project
benefits and technical merit.
i. Project Benefits
FRA will evaluate application information for the extent to which
the proposed project --
(A) Improves safety at Highway-Rail or Pathway Rail Grade
Crossings;
(B) Proposes to grade separate, eliminate, or close one or more
Highway-Rail or Pathway-Rail Grade Crossings;
(C) Improves the mobility of both people and goods;
(D) Reduces emissions, protects the environment, and provides
community benefit (including noise reduction);
(E) Improves access to emergency services;
(F) Improves access to communities;
(G) Provides economic benefit; and
(H) Uses contracting incentives to employ local labor, to the
extent permissible under Federal law.
ii. Technical Merit
FRA will evaluate application information for the degree to which
--
(A) The tasks and subtasks outlined in the statement of work (SOW)
are appropriate to achieve the expected outcomes of the proposed
project;
(B) The application demonstrates strong project readiness and
ability to meet RCE Program requirements;
(C) The technical qualifications and experience of key personnel
the applicant proposes to lead and perform the technical efforts,
including the qualifications of the primary and supporting
organizations, demonstrates the ability to fully and successful execute
the proposed project within the proposed time frame and budget;
(D) The project is identified in the freight investment plan
component of a state freight plan, a state rail plan, a state highway-
rail grade crossing action plan, a state freight plan, or other
equivalent document;
(E) The project will use innovative technologies, innovative design
and construction techniques, or construction materials that reduce
greenhouse gas emissions;
(F) The project will use financial support from impacted rail
carriers; and
(G) The project will improve the mobility of multiple modes of
transportation, including ingress and egress from freight facilities,
or users of nonvehicular modes of transportation such as pedestrians,
bicycles, and public transportation.
c. Selection Criteria
After the eligibility and completeness review and the evaluation
criteria outlined in this section, FRA will then consider the extent to
which the projects address the following program preferences and DOT
Strategic Goals:
(A) Safety
FRA will assess the project's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Department's strategic goal to reduce transportation-related
fatalities and serious injuries across the transportation system. Such
considerations will include, but are not limited to, the extent to
which the project improves safety at highway-rail grade crossings,
reduces incidences of rail-related trespassing, and upgrades
infrastructure to achieve a higher level of safety.\9\
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\9\ To best evaluate the safety benefit of a particular
proposal, FRA encourages applicants to submit justifications that
rely on standardized, objective safety metrics and data, if
available, including: Grade Dec.Net; National Risk Index; 49 CFR
part 234; Safety metrics found in Appendix D of 49 CFR part 222; FRA
crossing incident dashboard (FRA Safety Data & Reporting [verbar]
FRA (<a href="http://dot.gov">dot.gov</a>)); and Other relevant safety data or metrics.
---------------------------------------------------------------------------
(B) Equitable Economic Strength and Improving Core Assets
FRA will assess the project's ability to contribute to economic
progress stemming from infrastructure investment and associated job
creation in the industry. Such considerations will include, but are not
limited to, the extent to which the project results in long-term job
creation by supporting good-paying jobs directly related to the project
with free and fair choice to join a union, such as through the use of
project labor agreements, registered apprenticeships, and local hiring
provisions, or other targeted preferential hiring requirements, or
other similar standards or protections; invests in vital infrastructure
assets and provides opportunities for families to achieve economic
security through rail industry employment.
(C) Equity and Barriers to Opportunity
FRA will assess the project's ability to address equity and
barriers to opportunity, to the extent possible within the program and
consistent with law Such considerations will include, but are not
limited to, the extent to which the project improves or expands
transportation options, mitigates the safety risks and detrimental
quality of life effects that rail lines can have on communities, and
expands workforce development and training opportunities to foster a
more diverse rail industry. This will also include community engagement
efforts already taken or planned, the extent to which engagement
efforts are designed to reach impacted communities, whether engagement
is accessible for persons with disabilities or limited English
proficient persons within the impacted communities, and how community
feedback is taken into account in decision-making.
(D) Climate Change and Sustainability
In support of E.O. 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' FRA will assess the project's ability to reduce the harmful
effects of climate change and anticipate necessary improvements to
prepare for extreme weather events. Such considerations will include,
but are not limited to, the extent to which the project reduces
emissions, promotes energy efficiency, increases resiliency, and
recycles or redevelops existing infrastructure.
(E) Transformation of Our Nation's Transportation Infrastructure
FRA will assess the project's ability to expand and improve the
nation's rail network, which needs to balance new infrastructure for
increased capacity with proper maintenance of aging assets. Such
considerations will include, but are not limited to, the extent to
which the project adds capacity to congested corridors, and ensures
assets will be improved to a state of good repair.
(F) Eliminating Crossings and Making Corridor-Wide Improvements
FRA will assess whether the project results in the elimination of
one or more grade crossings through grade separations, closing
crossings through track relocation, and corridor-wide grade crossing
improvements.
(G) Geographic Diversity
In determining the allocation of program funds, FRA may also
consider geographic diversity, diversity in the size of the systems
receiving funding, and the applicant's receipt of other competitive
awards. FRA will allocate program funds consistent with 49 U.S.C.
22909(f)(3).
2. Review and Selection Process
FRA will conduct a four-part application review process, as
follows:
a. Screen applications for applicant and project eligibility,
completeness, the minimum match and applicant risk including past
performance in developing and delivering similar projects;
[[Page 40344]]
b. Evaluate remaining applications (completed by technical panels
applying the evaluation criteria);
c. Review and apply selection criteria and recommend initial
selection of projects for the FRA Administrator's review (completed by
a Senior Review Team, which includes senior leadership from the Office
of the Secretary and FRA); and
d. Select recommended awards for the Secretary's or his designee
review and approval (completed by the FRA Administrator).
3. Reporting Matters Related to Integrity and Performance
Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold of $250,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), FRA will review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
See 41 U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.205.
F. Federal Award Administration Information
1. Federal Award Notice
FRA will announce applications selected for funding in a press
release and on FRA's website after the application review period. This
announcement is FRA's notification to successful and unsuccessful
applicants alike. FRA will contact applicants with successful
applications after announcement with information and instructions about
the award process. This notification is not an authorization to begin
proposed project activities. FRA requires satisfaction of applicable
requirements by the applicant and a formal agreement signed by both the
grantee and the FRA, including an approved scope, schedule, and budget,
before obligating the grant. See an example of standard terms and
conditions for FRA grant awards at <a href="https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions">https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions</a>. This template is
subject to revision.
2. Administrative and National Policy Requirements
In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, recipients of funds
must comply with all applicable requirements of Federal law, including,
without limitation: the Constitution of the United States; the relevant
authorization and appropriations, the conditions of performance,
nondiscrimination requirements, and other assurances made applicable to
the award of funds in accordance with regulations of DOT; and
applicable Federal financial assistance and contracting principles
promulgated by the Office of Management and Budget (OMB). In complying
with these requirements, grantees, in particular, must ensure that no
concession agreements are denied or other contracting decisions made on
the basis of speech or other activities protected by the First
Amendment. If FRA determines that a recipient has failed to comply with
applicable Federal requirements, FRA may terminate the award of funds
and disallow previously incurred costs, requiring the recipient to
reimburse any expended award funds. See an example of standard terms
and conditions for FRA grant awards at <a href="https://railroads.dot.gov/elibrary/award-administration-and-grant-conditions">https://railroads.dot.gov/elibrary/award-administration-and-grant-conditions</a>. This template is
subject to revision.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D--Procurement Standards; 2 CFR 1207.317 and 2 CFR 200.401;
compliance with Federal civil rights laws and regulations;
disadvantaged business enterprises requirements; debarment and
suspension requirements; drug-free workplace requirements; FRA's and
OMB's Assurances and Certifications; Americans with Disabilities Act;
safety requirements; NEPA; environmental justice requirements;
compliance with 49 U.S.C. 24905(c)(2) for the duration of NEC Projects;
and 2 CFR 200.315, governing rights to intangible property. Unless
otherwise stated in statutory or legislative authority, or
appropriations language, all financial assistance awards follow the
Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject to the grant conditions in 49
U.S.C. 22905, including protective arrangements that are equivalent to
the protective arrangements established under section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836) with respect to employees affected by actions taken in connection
with the project to be financed in whole or in part by grants subject
to 49 U.S.C. 22905,\10\ the provision deeming operators rail carriers
and employers for certain purposes, and grantee agreements with
railroad right-of-way owners for projects using railroad rights-of-way
(see D.2.b.xi). In addition, recipients shall obtain necessary
approvals, required under 49 U.S.C. 22909(e)(2)(A), if applicable, from
any impacted rail carriers or real property owners before proceeding
with the construction of a project funded by a grant under this NOFO.
For planning projects, the applicant may submit instead an
acknowledgment that it agrees to work collaboratively with impacted
rail carriers and right-of-way owners. This condition applies
notwithstanding 49 U.S.C. 22909(j)(2) and 49 U.S.C 22905(e)(1).
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\10\ FRA has posted guidance at <a href="https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1">https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1</a> to assist grantees implementing
the protective arrangements.
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Grants under the RCE Program are not subject to the limitation in
49 U.S.C. 22905(f) and may therefore be awarded for commuter rail
passenger transportation projects. FRA will transfer such projects to
the Federal Transit Administration to administer, consistent with 49
U.S.C. 22909(j).
Projects that have not sufficiently considered climate change and
sustainability in their planning, as determined by FRA, will be
required to do so before receiving funds for construction, consistent
with Executive Order 14008, Tackling the Climate Crisis at Home and
Abroad (86 FR 7619). In the grant agreement, recipients will be
expected to describe activities they have taken, or will take prior to
obligation of construction funds that addresses climate change and
environmental justice (EJ). Activities that address climate change
include, but are not limited to, demonstrating: the project will result
in significant greenhouse gas emissions reductions; the project
supports emissions reductions goals in a Local/Regional/State plan; and
the project primarily focuses on funding for state of good repair and
clean transportation options, including public transportation,
[[Page 40345]]
walking, biking, micro-mobility. Activities that address EJ include,
but are not limited to: basing project design on the results of a
proven EJ screening tool (developed by another Federal agency such as
the EPA, a state agency, etc.); conducting enhanced, targeted outreach
to EJ communities; considering EJ in alternatives analysis and final
project design; and supporting a modal shift in freight or passenger
movement to reduce emissions or reduce induced travel demand.
Projects must consider and address equity and barriers to
opportunity in their planning, as determined by FRA, and as a condition
of receiving construction funds, consistent with Executive Order 13985,
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government (86 FR 7009). The grant agreement should include
the recipient's description of activities they have taken, or will take
prior to obligation of construction funds that addresses equity and
barriers to opportunity. These activities may include, but are not
limited to: completing an equity impact analysis for the project;
adopting an equity and inclusion program/plan; conducting meaningful
public engagement to ensure underserved communities are provided an
opportunity to be involved in the planning process; including
investments that either redress past barriers to opportunity or that
proactively create new connections and opportunities for underserved
communities; hiring from local communities; improving access to or
providing economic growth opportunities for underserved, overburdened,
or rural communities; or addressing historic or current inequitable air
pollution or other environmental burdens and impacts.
Each applicant selected for grant funding should ensure planning
activities and project delivery actions advance good-paying, quality
jobs and workforce programs and hiring policies that promote workforce
inclusion, consistent with Executive Order 14025, Worker Organizing and
Empowerment (86 FR 22829), and Executive Order 14052, Implementation of
the Infrastructure Investment and Jobs Act (86 FR 64335). Specifically,
the project must support: (a) strong labor standards and the choice to
join a union,\11\ including project labor agreements and distribution
of workplace rights notices; (b) support of high-quality workforce
development programs, including registered apprenticeship, labor-
management training programs, and supportive services to help train,
place, and retain people in good-paying jobs and apprenticeship; and
(c) comprehensive planning and policies to promote hiring and inclusion
for all groups of workers, including through the use of local and
economic hiring preferences, linkage agreements with workforce programs
that serve these underrepresented groups, and proactive plans to
prevent harassment.\12\
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\11\ Federal funds may not be used to support or oppose union
organizing, whether directly or as an offset for other funds.
\12\ IIJA div. B Sec. 25019 provides authority for funds made
available under title 49 and title 23 to use geographical and
economic hiring preferences, including local hire, for construction
jobs, subject to any applicable State and local laws, policies, and
procedures.
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Consistent with E.O. 11246, Equal Employment Opportunity (30 FR
12319, and as amended), all federally-assisted contractors are required
to make good faith efforts to meet the goals of 6.9% of construction
project hours being performed by women, in addition to goals that vary
based on geography for construction work hours and for work being
performed by people of color. The U.S. Department of Labor's Office of
Federal Contract Compliance Programs (OFCCP) has a Mega Construction
Project Program through which it engages with project sponsors as early
as the design phase to help promote compliance with non-discrimination
and affirmative action obligations. Through the program, OFCCP offers
contractors and subcontractors extensive compliance assistance,
conducts compliance evaluations, and helps to build partnerships
between the project sponsor, prime contractor, subcontractors, and
relevant stakeholders. OFCCP will identify projects that receive an
award under this notice and are required to participate in OFCCP's Mega
Construction Project Program from a wide range of federally assisted
projects over which OFCCP has jurisdiction and that have a project cost
above $35 million. DOT will require project sponsors with costs above
$35 million that receive awards under this funding opportunity to
partner with OFCCP, if selected by OFCCP, as a condition of their DOT
award. Under that partnership, OFCCP will ask these project sponsors to
make clear to prime contractors in the pre-bid phase that project
sponsor's award terms will require their participation in the Mega
Construction Project Program. Additional information on how OFCCP makes
their selections for participation in the Mega Construction Project
Program is outlined under ``Scheduling'' on the Department of Labor
website: https://www.dol.gov/agencies/ofccp/faqs/construction-
compliance.''
Critical Infrastructure Security and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats. Each applicant selected for Federal funding under this
notice must demonstrate, prior to the signing of the grant agreement,
efforts to consider and address physical and cybersecurity risks
relevant to the transportation mode and type and scale of the project.
Projects that have not appropriately considered and addressed physical
and cyber security and resilience in their planning, design, and
project oversight, as determined by the Department and the Department
of Homeland Security, will be required to do so before receiving funds
for construction consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Memorandum on Improving Cybersecurity for
Critical Infrastructure Control Systems.
Domestic Preference Requirements
Assistance under this NOFO is subject to the Buy America
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America
Act, Public Law 117-58, 70901-52. In addition, as expressed in
Executive Order 14005, Ensuring the Future Is Made in All of America by
All of America's Workers (86 FR 7475), it is the policy of the
executive branch to maximize, consistent with law, the use of goods,
products, and materials produced in, and services offered in, the
United States. FRA expects all applicants to comply with that
requirement without needing a waiver. However, to obtain a waiver, a
recipient must be prepared to demonstrate how they will maximize the
use of domestic goods, products, and materials in constructing their
project.
Civil Rights and Title VI
Recipients of Federal transportation funding will be required to
comply fully with Title VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR 21), the Americans with Disabilities
Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and
all other civil rights requirements. The Department's and FRA's Office
of Civil Rights may provide resources and technical assistance to
recipients to ensure full and sustainable compliance with Federal civil
rights requirements.
[[Page 40346]]
Performance and Program Evaluation
Recipients and subrecipients are also encouraged to incorporate
program evaluation, including associated data collection activities
from the outset of their program design and implementation, to
meaningfully document and measure their progress towards meeting an
agency priority goal(s). Title I of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019)
urges Federal awarding agencies and Federal assistance recipients and
subrecipients to use program evaluation as a critical tool to learn, to
improve equitable delivery, and to elevate program service and delivery
across the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency.'' 5 U.S.C. 311. Credible program evaluation activities are
implemented with relevance and utility, rigor, independence and
objectivity, transparency, and ethics (OMB Circular A-11, Part 6
Section 290).
For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation. (2 CFR part 200).
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly Federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring and
close out requirements. Reports may be submitted electronically.
Pursuant to 2 CFR 170.210, non-Federal entities applying under this
NOFO must have the necessary processes and systems in place to comply
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350.
If the Federal share of any Federal award under this NOFO may
include more than $500,000 over the period of performance, applicants
are informed of the post award reporting requirements reflected in--
Award Term and Condition for Recipient Integrity and Performance
Matters.
c. Performance Reporting
Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives.
H. Federal Awarding Agency Contacts
For further information related to this notice, please contact
Douglas Gascon, Office of Policy and Planning, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Room W38-212, Washington, DC
20590; <a href="/cdn-cgi/l/email-protection#284c475d4f44495b064f495b4b474668144908405a4d4e15" http: dot.gov">dot.gov</a>">douglas.gascon@<a href="http://dot.gov">dot.gov</a></a>; 202-493-0239.
I. Other Information
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) Note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR part 7 Subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act and sets forth
rules for FRA to make requested materials, information and records
publicly available under FOIA. Unless prohibited by law and to the
extent permitted under the FOIA, contents of application and proposals
submitted by successful applicants may be released in response to FOIA
requests.
In addition, following the completion of the selection process and
announcement of awards consistent with 49 U.S.C 22909(i), FRA will post
online a list of all eligible applicants submitting an application, a
list of all proposed projects and applicants that FRA determines are
ineligible, and a list of the grant recipients that were selected to
receive grant funding under the RCE Program on an annual basis. Except
for information withheld under the previous paragraph, FRA may also
make application narratives publicly available or share application
information within DOT or with other Federal agencies if FRA determines
that sharing is relevant to the respective program's objectives.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-14344 Filed 7-5-22; 8:45 am]
BILLING CODE 4910-06-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.