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Notice2022-26610

Notice of Funding Opportunity for the Federal-State Partnership for Intercity Passenger Rail Program

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Published

December 7, 2022

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

This notice (FSP-National) details the application requirements and procedures to obtain grant funding for projects not located on the Northeast Corridor under the Federal-State Partnership for Intercity Passenger Rail Program (FSP Program) for Fiscal Year 2022. The FSP-National notice solicits applications for FSP funds made available by the Consolidated Appropriations Act, 2022, and the Infrastructure Investment and Jobs Act. The opportunity described in this notice is made available under Assistance Listings Number 20.326, "Federal-State Partnership for Intercity Passenger Rail."

Full Text

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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75119-75134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26610]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Federal-State Partnership
for Intercity Passenger Rail Program

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO or notice).

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SUMMARY: This notice (FSP-National) details the application
requirements and procedures to obtain grant funding for projects not
located on the Northeast Corridor under the Federal-State Partnership
for Intercity Passenger Rail Program (FSP Program) for Fiscal Year
2022. The FSP-National notice solicits applications for FSP funds made
available by the Consolidated Appropriations Act, 2022, and the
Infrastructure Investment and Jobs Act. The opportunity described in
this notice is made available under Assistance Listings Number 20.326,
``Federal-State Partnership for Intercity Passenger Rail.''

DATES: Applications for funding under this solicitation are due no
later than 5 p.m. ET, March 7, 2023. Applications that are incomplete
or received after 5 p.m. ET, on March 7, 2023 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 Deborah Kobrin, Office of Rail Program Development, Federal
Railroad Administration, 1200 New Jersey Ave SE, Washington, DC 20590;
or Mr. Sergio Coronado, Office of Rail Program Development, Federal
Railroad Administration, 55 Broadway, Cambridge, MA 02142. 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 concerning
this Notice, please contact the FRA NOFO Support program staff via
email at <a href="/cdn-cgi/l/email-protection#6b2d392a4625242d2446381e1b1b04191f2b0f041f450c041d">[email&#160;protected]</a>. If additional assistance is needed,
you may 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#9df9f2e8faf1fceeb3fafceefef2f3ddf9f2e9b3faf2eb">[email&#160;protected]</a>; or telephone:
202-493-2039; or Mr. Sergio Coronado, Office of Rail Program
Development, Federal Railroad Administration, 55 Broadway, Cambridge,
MA 02142; email: <a href="/cdn-cgi/l/email-protection#b3e0d6c1d4dadc9df0dcc1dcddd2d7dcf3d7dcc79dd4dcc5">[email&#160;protected]</a>; telephone: 617-571-1213; or
Ms. Deborah Kobrin, Office of Rail Program Development, Federal
Railroad Administration, 1200 New Jersey Ave SE, Room W33-311,
Washington, DC 20590; email: <a href="/cdn-cgi/l/email-protection#9cf8f9fef3eefdf4b2f7f3feeef5f2dcf8f3e8b2fbf3ea">[email&#160;protected]</a>; telephone: 202-
493-0765.

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

A. Program Description

1. Overview

Our nation's rail network is a critical component of the U.S.
transportation system and economy. The FSP Program provides a Federal
funding opportunity to improve American passenger rail assets to expand
or establish new intercity passenger rail service, including privately
operated intercity passenger rail service if an eligible applicant is
involved, reduce the state of good repair backlog, improve performance,
and enhance rail safety. The purpose of this notice is to solicit
applications for projects not located on the Northeast Corridor (NEC)
through the competitive FSP Program.
This FSP-National NOFO describes funding available, application
submission requirements, and the selection and evaluation criteria for
projects not located on the Northeast Corridor. The Infrastructure
Investment and Jobs Act (Pub. L. 117-58, November 14, 2021) (IIJA)
provided distinct selection and evaluation criteria for projects
located on the NEC and for projects not located on the NEC. FRA will
publish a separate Notice for projects located on the NEC. Those
projects are not eligible for funding under this announcement.
The FSP Program is authorized in Sections 22106 and 22307 of the
IIJA, codified at 49 U.S.C. 24911, and this NOFO is funded by IIJA
supplemental

[[Page 75120]]

appropriations as provided in Title VIII of Division J of IIJA, and the
Consolidated Appropriations Act, 2022 (Pub. L. 117-103) (Appropriations
Act). The opportunity described in this notice is made available under
Assistance Listings Number 20.326, ``Federal-State Partnership for
Intercity Passenger Rail.''
Discretionary grant awards, funded through the FSP Program, will
support projects that improve safety, economic strength and global
competitiveness, equity, climate and sustainability, and
transformation, consistent with the U.S. Department of Transportation's
(DOT) strategic goals.\1\
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\1\ DOT Strategic Plan FY 2022-2026 (March 2022) at <a href="https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf">https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf</a>.
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The FSP Program will be implemented, as appropriate and consistent
with law, in alignment with the priorities in Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act (86 FR
64355), which are to invest public dollars efficiently, advance equity,
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
effectively coordinate with State, local, Tribal, and territorial
government partners.
FRA intends to use the FSP 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 and development. Projects that
incorporate such planning considerations are expected to support a
strong economy and labor market, in alignment with the priorities in
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). Section E describes job creation
and labor considerations that an applicant can undertake and FRA will
consider during the review of applications.
In addition, FRA seeks to fund projects under the FSP Program that
reduce greenhouse gas emissions and are designed with specific elements
to address climate change impacts, in alignment with the priorities in
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad
(86 FR 7619). 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 (EPA), 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, 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 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 means 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, in alignment with the priorities in Executive
Order 13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government (86 FR 7009). Section E
describes racial equity considerations that an applicant can undertake
and FRA will consider during the review of applications.
Furthermore, consistent with the Department's Rural Opportunities
to Use Transportation for Economic Success (ROUTES) initiative, the
Department seeks to award funding to rural projects that address
deteriorating conditions and disproportionately high fatality rates and
transportation costs in rural communities.
Section E of this NOFO, which outlines the 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.

2. Definitions of Key Terms

Terms defined in this section are capitalized throughout this
notice.
a. ``Benefit-Cost Analysis'' (or ``Cost-Benefit Analysis'') is a
systematic, data-driven, and transparent analysis comparing monetized
project benefits and costs, using a no-build baseline and properly
discounted present values, including concise documentation of the
assumptions and methodology used to produce the analysis, a description
of the baseline, data sources used to project outcomes, values of key
input parameters, basis of modeling (including spreadsheets, technical
memos, etc.), and presentation of the calculations in sufficient detail
and transparency to allow the analysis to be reproduced and sensitivity
of results evaluated by FRA. Please refer to the Benefit-Cost Analysis
(BCA) Guidance for Discretionary Grant Programs prior to preparing a
BCA at <a href="https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance">https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance</a>. In addition, please refer to the
BCA webinar on FRA's website for rail-specific examples of how to apply
the BCA Guidance for Discretionary Grant Programs to FSP-National
applications.\3\
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\3\ <a href="https://railroads.dot.gov/rail-network-development/training-guidance/webinars-0">https://railroads.dot.gov/rail-network-development/training-guidance/webinars-0</a>.
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b. ``Capital Cost Estimate'' means an estimate of the cost to
implement the Capital Project inclusive of Project Development through
completion of Construction that accounts for risk to the cost elements
and the schedule to complete the project.
c. ``Capital Project'' means a project for acquiring, constructing,
improving, or inspecting rail equipment, track and track structures, or
a rail facility, including expenses incidental to the acquisition or
construction including pre-construction activities (such as designing,
engineering, location surveying, mapping, acquiring rights-of-way) and
related relocation costs,

[[Page 75121]]

environmental studies, and all work necessary for FRA to approve the
project under the National Environmental Policy Act; highway-rail grade
crossing improvements; communication and signalization improvements;
and rehabilitating, remanufacturing, or overhauling rail rolling stock
and rail facilities.
d. ``Construction'' means the Lifecycle Stage of a Capital Project
when physical production of fixed works and structures, or substantial
alterations to such structures or land, or production or refurbishment
of vehicles and equipment, are accomplished and commissioned for
operational use. Construction includes associated project
administration, test of equipment as appropriate, systems integration
testing, workforce training, system certification, procurement of
insurance, pre-revenue service, start-up testing, and other related
costs.
e. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple rides, and commuter tickets, and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3);
the term does not include rapid transit operations in an urban area
that are not connected to the general railroad system of
transportation.
f. ``Final Design (FD)'' means the Capital Project Lifecycle Stage
when final design and engineering plans and specifications necessary
for the Construction stage are completed, and, at a minimum, includes
(1) the preparation of final design plans consistent with the
applicable environmental decision document and detailed specifications,
(2) the preparation of an updated Project Management Plan, (3) the
preparation of an updated project schedule, cost estimate, and other
necessary plans that may include a financial plan, sufficiently
detailed to inform decision makers of the actions required to advance
the project through completion of Construction. FD may include early
construction or relocations and procurement of equipment and materials
during the final design stage, when such work is permissible under
applicable law.
g. ``Improvement'' means repair or enhancement to existing rail
infrastructure, equipment, or facility, or construction of new rail
infrastructure, equipment or facilities, that results in efficiency of
the rail system and the safety of those affected by the system.
h. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except commuter rail passenger transportation. See 49
U.S.C. 24911(a)(2). In this notice, ``Intercity Passenger Rail
Service'' and ``Intercity Passenger Rail Transportation'' are
equivalent terms to ``Intercity Rail Passenger Transportation.''
i. ``Lifecycle Stage'' means each of the consecutive stages of a
Capital Project as it is developed and implemented that include systems
planning, Project Planning, Project Development, Final Design,
Construction, and operation. Each sequential stage involves specific
activities.\4\
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\4\ FRA evaluates project readiness for a lifecycle stage when
considering a project for funding.
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j. ``Major Capital Project'' means a Capital Project with a Capital
Cost Estimate of $500 million and with at least $100 million in federal
assistance under the FSP Program.
k. ``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://railroads.dot.gov/rail-network-development/environment/environment">https://railroads.dot.gov/rail-network-development/environment/environment</a>.
l. ``Northeast Corridor'' (``NEC'') means the main rail line
between Boston, Massachusetts and the District of Columbia; the branch
rail lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York; and facilities and
services used to operate and maintain these lines, consistent with 49
U.S.C. 24911(a)(3).
m. ``Project Development'' means the Capital Project Lifecycle
Stage during which (1) the environmental review process required under
NEPA and other related environmental laws is completed, and the
permitting processes is advanced as appropriate; (2) preliminary
engineering and other preliminary design is completed to support the
environmental review and preparation of estimates of risk, costs,
benefits, and impacts; (3) a project management plan is prepared that
identifies procurement requirements and strategies; (4) a detailed
project schedule and a cost estimate are prepared; and (5) a financial
plan for Major Projects and other necessary plans are prepared.
n. ``Project Planning'' means the Capital Project Lifecycle Stage
during which the Project Sponsor (1) identifies capital project
concepts to address transportation needs and opportunities; (2)
identifies and compares costs, benefits, and impacts of project
options; (3) identifies the impacted environmental resources and
engages with interested parties, agencies, and infrastructure owners.
o. ``Project Management Plan'' means a document that describes how
the Capital Project will be implemented, monitored, and controlled to
help the applicant effectively, efficiently, and safely deliver the
project on-time, within-budget, and at the highest appropriate quality.
p. ``Preliminary Engineering (PE)'' means engineering design to
define a Capital Project, including identification of all environmental
impacts and design of all critical project elements at a level
sufficient to assure reliable cost estimates and schedules. 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.
q. ``State of Good Repair'' means a condition in which physical
assets, both individually and as a system, are (A) performing at a
level at least equal to that called for in their as-built or as-
modified design specification during any period when the life cycle
cost of maintaining the assets is lower than the cost of replacing
them; and (B) sustained through regular maintenance and replacement
programs, consistent with 49 U.S.C. 24102(12).

B. Federal Award Information

1. Available Award Amount

The total funding available for awards under this NOFO is up to
$2,283,150,000 made available by IIJA supplemental appropriations, and
the Appropriations Act, as follows:
a. Up to $2,232,000,000 in IIJA supplemental appropriations: Title
VIII of Division J of IIJA provided $36,000,000,000 in supplemental
appropriations for the FSP Program, with not more than $24,000,000,000
made available for projects for the NEC and thus at least
$12,000,000,000 of

[[Page 75122]]

such funds made available for FSP-National ($2,400,000,000 made
available per year for fiscal years 2022 through 2026). After the
funding set aside for FRA award and project management oversight and
the planning and development activities authorized at 49 U.S.C.
24911(k), up to $2,232,000,000 in funding made available for fiscal
year 2022 is made available for FSP Program awards under this FSP-
National NOFO.
b. Up to $51,150,000 in fiscal year 2022 annual appropriations: The
Appropriations Act provided $100,000,000 for the FSP Program.
Consistent with 49 U.S.C. 24911(d)(3), a minimum of 45 percent and a
maximum of 55 percent of this amount is for FSP-National, of which not
less than 20 percent (a minimum of $8,370,000) shall be for projects
that benefit (in whole or in part) a long-distance route. After the
funding set aside for FRA award and project management oversight and
the planning and development activities authorized at 49 U.S.C.
24911(k), at least $41,850,000 and up to $51,150,000 in fiscal year
2022 annual funding is made available for FSP Program awards under this
FSP-National NOFO.
Should additional FSP-National funds become available after the
release of this NOFO, FRA may elect to award such additional funds to
applications received under this NOFO. Any selection and award under
this NOFO is subject to the availability of appropriated funds.

2. Award Size

There are no predetermined minimum or maximum dollar thresholds for
awards. FRA anticipates making multiple awards with the available
funding. 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 and 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

a. Grants and Cooperative Agreements
FRA will make awards for projects selected under this notice
through grant agreements 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, as well as funding awarded through 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: <a href="https://www.fra.dot.gov/eLib/Details/L19057">https://www.fra.dot.gov/eLib/Details/L19057</a>.
This template is subject to revision.
b. Letters of Intent and Phased Funding Agreements
FRA may issue Letters of Intent (LOI) or Phased Funding Agreements
(PFA) to FSP grantees proposing Major Capital Projects under this FSP-
National NOFO. Applications for a Major Capital Project that may seek
FSP funds beyond what is made available in this NOFO and that seek an
LOI or PFA must request an LOI or PFA in the Project Narrative and
provide the additional information required in section D.2.a.iii.
Additionally, FRA may independently determine that a project is
appropriate for an LOI or PFA.
An LOI, authorized at 49 U.S.C. 24911(g)(1), is a letter from FRA
to a grantee announcing ``an intention to obligate'' an amount to its
Major Capital Project from future budget authority. LOIs are contingent
commitments and not binding obligations of the Federal government. FRA
intends to use LOIs to demonstrate its intent to provide future Final
Design and Construction Lifecycle Stage funding for Major Capital
Projects assuming successful completion of Project Planning and Project
Development Lifecycles for the project. FRA anticipates limiting the
use of LOIs primarily to appropriate projects currently in, or
beginning, the Project Development Lifecycle Stage. In issuing the LOI,
FRA may outline conditions and/or define readiness thresholds that the
grantee may use to inform future funding requests for FSP-National
funds.
A PFA, authorized at 49 U.S.C. 24911(g)(2), is an agreement
associated with the obligation of an initial grant award under the FSP
Program. FRA may enter into a PFA for highly rated Major Capital
Projects. A PFA shall: (1) establish the terms of participation by the
Federal Government in the project; (2) establish the maximum amount of
Federal financial assistance for the project; (3) include the period of
time for completing the project, even if such period extends beyond the
period for which Federal financial assistance is authorized; and (4)
make timely and efficient management of the project easier in
accordance with Federal law.\5\ FRA anticipates limiting the use of
PFAs to applications that include funding for the Construction
Lifecycle Stage and are scheduled to enter the Final Design or
Construction Lifecycle Stage within two (2) years of the date of the
application. PFAs are contingent commitments and are not financial
obligations of the Federal government. However, unlike LOIs, PFAs are
agreements with an initial obligation of funding provided from this
solicitation. FRA commits to the future obligation of funding as
specified in the PFA, generally for the duration of the project, as
long as the grantee continues to meet the terms of the PFA and Congress
appropriates sufficient FSP funding for such purpose.
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\5\ Generally, prior to receiving a PFA, the project sponsor
must complete the process for complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
related environmental laws for the project.
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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 or plan to submit an application for
funding the entire project or certain 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 operational
independence. Applications that do not meet the requirements in this
section will be ineligible for funding.

[[Page 75123]]

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);
b. a group of States;
c. an Interstate Compact;
d. a public agency or publicly chartered authority established by
one or more States;
e. a political subdivision of a State;
f. Amtrak, acting on its own behalf or under a cooperative
agreement with one or more States;
g. a Federally recognized Indian Tribe, or
h. any combination of the entities described in (a) through (g).
Applications must identify a lead applicant to serve as the primary
point of contact for the application, and if selected, as the grantee
of the FSP-National grant award.
To submit a joint application under (h) above, the lead applicant
must identify the joint applicant(s) and include a signed statement
from an authorized representative of each joint applicant entity that
affirms the entity joins the application. See Section D(2) for further
instructions about submitting a joint application.
An application submitted by Amtrak and one or more States, whether
eligible under (a), (b), or (f) above, must identify the lead applicant
and include a signed cooperative agreement between Amtrak and the
state(s) consistent with 49 U.S.C. 24911(a)(1)(F). Applications may
reference entities that are not eligible applicants (e.g., private
sector firms) in an application as a partner in project funding or
implementation, but ineligible entities may not be lead or joint
applicants. If the applicant intends to partner with an ineligible
entity (e.g., a private intercity passenger rail operator), that
intention should be made clear in the application and a letter of
support from the ineligible entity outlining its roles and
responsibilities for the project must be included in the application.
Eligible applicants who partner with private operators of intercity
passenger rail will be the legally responsible party for administering
and managing federal funds and ultimately delivering the project.

2. Cost Sharing and Matching

The Federal share of total costs for FSP 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, environmental
analyses, and information on the expected use of equipment and/or
facilities. Additionally, in preparing the Capital Cost Estimates,
applicants should, as appropriate, consult available FRA guidance,
including FRA's cost estimate guidance documentation, ``Capital Cost
Estimating: Guidance for Project Sponsors.'' \6\
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\6\ The ``Capital Cost Estimating: Guidance for Project
Sponsors,'' is available at: <a href="https://www.fra.dot.gov/Page/P0926">https://www.fra.dot.gov/Page/P0926</a>.
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The minimum 20 percent non-Federal share may be comprised of public
sector (e.g., State or local) or private sector funding. FRA will not
consider any Federal financial assistance \7\ 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.
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\7\ See Section D(2)(a)(iii) for supporting information required
to demonstrate eligibility of Federal funds for use as match.
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If Amtrak is an applicant, Amtrak may use its ticket and other non-
Federal revenues generated from its operations and other sources to
satisfy the non-Federal share requirements. Applicants must identify
the source(s) of their matching and must clearly and distinctly reflect
these funds as part of the total project cost.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See Section D(3)(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 incurred
after announcement of awards consistent with 2 CFR 200.458, as
applicable. See Section D(6). Cost sharing or matching may be used only
for authorized Federal award purposes.

3. Other

a. Project Eligibility: The following capital projects, including
acquisition of real property interests, are eligible to receive grants
under this NOFO.
1. A project to replace, rehabilitate, or repair infrastructure,
equipment,\8\ or a facility used for providing intercity passenger rail
service to bring such assets into a state of good repair.
---------------------------------------------------------------------------

\8\ The location of the equipment's primary use will determine
whether the equipment is eligible to receive funding under this
NOFO.
---------------------------------------------------------------------------

2. A project to improve intercity passenger rail service
performance, including reduced trip times, increased train frequencies,
higher operating speeds, improved reliability, expanded capacity,
reduced congestion, electrification, and other improvements, as
determined by the Secretary.
3. A project to expand or establish new intercity passenger rail
service.
4. A group of related projects described in paragraphs (1) through
(3).
5. The planning, environmental studies, and final design for a
project or group of projects described in paragraphs (1) through (4).
For projects that are on a shared corridor with Commuter Railroad
Passenger Transportation or freight transportation, applicants must
clearly demonstrate how the proposed project directly benefits
Intercity Passenger Rail Transportation and that funding the proposed
project would be a reasonable investment in Intercity Passenger Rail
Transportation, independent and separate from consideration of the
proposed project's benefits to other transportation purposes. A project
that uses rolling stock or equipment originating from a ``country of
concern'' or from a state-owned enterprise, as those terms are defined
under 49 U.S.C. 20171, is ineligible.
Capital Projects, as further defined in Section A(2), may include
the acquisition of real property interests, planning, Project
Development, Final Design, and Construction. Pre-Construction
activities are eligible for funding independently or in conjunction
with proposed funding for construction. Projects that include Project
Development may include engineering drawings and specifications (scale
drawings at the 30% design level, including track geometry as
appropriate); design criteria, schematics, and/or track charts that
support the development of PE; and work that can be funded in
conjunction with developing PE, such as operations modeling, surveying,
project work/management plans, preliminary cost estimates, and
preliminary project schedules. Project Development funded under this
NOFO must be sufficiently developed when complete to support FD or
Construction activities. (See Section D(2)(a)(xii) for additional
information.)
b. Project Component: If an applicant requests funding for a
component or set of components of a larger capital project, the project
component(s) must be attainable with the award amount and comply with
all eligibility

[[Page 75124]]

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. Application Tracks: Applicants are not limited in the number of
projects for which they seek funding. While applications covering
multiple tracks are not precluded, FRA generally expects that
applications identify only one of the following tracks for an eligible
activity: Track 1--Project Planning; Track 2--Project Development;
Track 3--FD/Construction.
1. Track 1--Project Planning: Track 1 consists of planning specific
to a Capital Project. Examples include the development of a purpose and
need study for a proposed capital project; development of conceptual
design concepts that establish the type and scope of identified capital
improvements; an alternative analysis identifying the costs, benefits,
service option, and methodology for eliminating preliminary project
alternatives; an environmental analysis that addresses resources and
potential environmental effects both to natural and the human
environment.
2. Track 2--Project Development: Track 2 consists of projects for
eligible Project Development activities. PE examples include PE
drawings and specifications (scale drawings at the 30 percent design
level, including track geometry as appropriate); design criteria,
schematics and/or track charts that support the development of PE; and
work that can be funded in conjunction with developing PE, such as
operations modeling, surveying, project work/management plans,
preliminary cost estimates, and preliminary project schedules. Project
Development projects funded under this NOFO must be sufficiently
developed when complete to support FD or Construction activities,
including with respect to equipment.
3. Track 3--FD/Construction: Track 3 consists of projects for
eligible FD and Construction, and project implementation and deployment
activities, including with respect to equipment. Applicants must
complete all necessary Planning and Project Development stages,
including PE and NEPA requirements, prior to moving to the FD/
Construction stage of a project. FD funded under this track must
resolve remaining uncertainties or risks associated with changes to the
design and scope of the Capital Project; address procurement processes;
and update and refine the schedule, cost estimate, and plans for
financing the project or program to reflect accurately the expected
year-of expenditure costs and cash flow projections. Prior to
obligation, applicants selected for funding for FD/Construction must
demonstrate, in accordance with available FRA guidance, the following
to FRA's satisfaction: (A) PE is completed for the proposed project,
resulting in project designs that are reasonably expected to conform to
all regulatory, safety, security, and other design requirements,
including those under the Americans with Disabilities Act (ADA); (B)
NEPA is completed for the proposed project; (C) the applicants have
entered into the appropriate agreements with key project partners,
including infrastructure-owning entities; and (D) a Project Management
Plan is complete and up-to-date for managing the implementation of the
proposed project, including the management and mitigation of project
risks.

D. Application and Submission Information

Required documents for the application are outlined in the
following paragraphs. Applicants should, as appropriate, consult
available FRA guidance when developing applications. 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, which will not count against the Project
Narrative 25-page limit.

1. Address To Request Application Package

Applicants may access application materials at <a href="https://www.Grants.gov">https://www.Grants.gov</a> and must submit all application materials in their
entirety through <a href="https://www.Grants.gov">https://www.Grants.gov</a> no later than 5 p.m. ET, on
March 7, 2023. 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. 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>.
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, Office of the Chief Financial
Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590; email: <a href="/cdn-cgi/l/email-protection#ea868b9f988bc4878b8285848f93aa8e859ec48d859c">[email&#160;protected]</a>; phone: 202-578-
9337.
The E-Business Point of Contact 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.
If an applicant experiences difficulty 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="https://www.grants.gov/web/grants/applicants/apply-for-grants.html">https://www.grants.gov/web/grants/applicants/apply-for-grants.html</a>.

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. To support the application, applicants
may provide other relevant and available optional supporting
documentation that may have been developed by the applicant, especially
such documentation that provides evidence of completion of the
appropriate Lifecycle Stage(s) of a Capital Project. Additionally,
applicants selected to receive funding must satisfy the requirements in
49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and
conditions explained in part at <a href="https://www.fra.dot.gov/page/P0185">https://www.fra.dot.gov/page/P0185</a> and
further in section F.2 of this notice.
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. Benefit-Cost Analysis (see D.2.b.ii).
iv. Environmental Compliance Documentation (see D.2.b.iii).

[[Page 75125]]

v. Funding Commitment Supporting Documentation (see D.2.b.iii).
vi. SF 424--Application for Federal Assistance.
vii. SF 424C--Budget Information for Construction, or, for an
equipment procurement project or non-Construction project, SF 424A--
Budget Information for Non-Construction.
viii. SF 424D--Assurances for Construction, or, for an equipment
procurement project or non-Construction project, SF 424B--Assurances
for Non-Construction.
ix. FRA's F 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying.
x. SF LLL--Disclosure of Lobbying Activities.
xi. Draft Agreement required under 49 U.S.C. 22905(c)(1), if
applicable (see D.2.b.xi).
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 Criteria, See D.2.a.iv
V. Project Eligibility Criteria, See D.2.a.v
VI. Detailed Project Description, See D.2.a.vi
VII. Project Location, See D.2.a.vii
VIII. Grade Crossing Information, if applicable, See D.2.a.viii
IX. Evaluation and Selection Criteria, See D.2.a.ix
X. Project Implementation and Management, See D.2.a.x
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). FRA will not review or consider Project
Narratives beyond the 25-page limitation. 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
------------------------------------------------------------------------
Lead Applicant Name ...........................
Joint Applicant(s) Name(s), if any ...........................
Amount of Federal Funding Requested in this ...........................
Application
Proposed Non-Federal Match ...........................
Total Project Cost ...........................
Was a Federal Grant Application Previously Yes/No.
Submitted for this Project?.
If Yes, State the Name of the Federal Grant Federal Grant Program:
Program and Title of the Project in the
Previous Application.
City(-ies), State(s) Where the Project is ...........................
Located
Current Project Lifecycle Stage ...........................
Intercity Passenger Rail Service(s) ...........................
Benefiting from the Project (incl. any
Long-Distance Services)
Infrastructure Owner(s) of Project Assets ...........................
Congressional District(s) Where the Project ...........................
is Located
LOI/PFA Requested?......................... Yes/No
------------------------------------------------------------------------

ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project. Include challenges the proposed project aims to
address and summarize the intended outcomes and anticipated benefits
that will result from the proposed project.
iii. Project Funding: Indicate in table format the amount of
Federal funding requested, the proposed non-Federal match, and total
project cost. For a Major Capital Project seeking funding for the
Construction stage the amount of federal funding requested should
include the remaining budget needed to complete the Construction
Lifecycle Stage. 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. Include funding commitment
letters outlining funding agreements, as attachments or in an appendix.
Funding commitments must be signed by an authorized representative of
the entity providing a Non-Federal match. 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.
For a Major Capital Projects seeking funding for construction and
scheduled to enter the Final Design or Construction Lifecycle Stage
within two (2) years of the date of the application, provide an
annualized budget of the total project cost in year of expenditure
dollars based on the Capital Cost Estimate. An applicant should specify
if it is seeking a PFA. Additionally, if applicable, applicants should
identify and describe project phases and/or delivery elements that
could be candidates for subsequent FSP funding, as part of a potential
PFA if such funding becomes available. PFA disbursements are not
required to align and need not be scheduled to align with project
components with independent utility or operational independence, since
the project as a whole achieves independent utility and operational
independence. However, applicants are encouraged to identify meaningful
milestones by which FRA can measure project progress for each
forecasted funding request. Finally, applicants must 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 FSP-National NOFO
application that differs from the application(s) to other financial
assistance programs.

[[Page 75126]]

Example Project Funding Table
----------------------------------------------------------------------------------------------------------------
Task name/project Percentage of total
Task # component Cost cost
----------------------------------------------------------------------------------------------------------------
1
2
---------------------------------------------------------------
Total Project Cost
Federal Funds Received from Previous Grant
Federal Funding Under this Application
Non-Federal Funding/Match..................................... Cash: .......................
In-Kind:...............
Portion of Non-Federal Funding from the Private Sector
Portion of Total Project Costs Spent in a Rural Area
Pending Federal Funding Requests
----------------------------------------------------------------------------------------------------------------

iv. Applicant Eligibility Criteria: Explain how the lead applicant
and joint applicant(s) meet the applicant eligibility criteria outlined
in Section C of this notice. For public agencies and publicly chartered
authorities established by one or more States, the explanation must
include relevant legislative language and citations to the applicable
enabling legislation. To submit a joint application, the lead applicant
must identify the joint applicant(s) and include a signed statement
from an authorized representative of each joint applicant entity that
affirms the entity joins the application.
For joint applications involving Amtrak and one or more States,
Amtrak and the State(s) must provide a cooperative agreement for the
project signed by authorized representatives of Amtrak and each State.
Joint applications are expected to include a description of the roles
and responsibilities of each applicant, including budget and
subrecipient information showing how the applicants will share project
costs.
v. Project Eligibility Criteria: Demonstrate that the proposed
project meets the project eligibility criteria in Section C(3) of this
notice.
vi. Detailed Project Description: The applicant must include a
detailed project description that expands upon the brief project
summary. This detailed description should provide, at a minimum:
additional background on the transportation challenges the project aims
to address; a summary of current and proposed railroad operations in
the project area, to include identification of all railroad owners and
operators; typical daily, weekly, or annual train counts by operator,
and ridership data for passenger operations; the primary expected
project outcomes such as increased ridership, reduced delays, improved
rail network asset condition and performance, or similar outcomes and
benefits; the expected users and beneficiaries of the project,
including all railroad operators and types of passenger or freight rail
service operating or proposed to operate in the project area; the
specific components and elements of the project; and any other
information the applicant deems necessary to justify the proposed
project.
vii. Project Location: The applicant must 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
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, if applicable: For a project that
includes grade crossing components, 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="https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search">https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search</a>.
ix. Evaluation and Selection Criteria: The applicant must include a
thorough discussion of how the proposed project meets 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.
Applicants are encouraged to include quantifiable railroad data,
such as information on delay, failure or safety incidents, passengers
carried (e.g., ridership), daily train movement, or similar metrics. In
addition to the qualifiable data, applicants are also encouraged to
include qualitative data on accessibility improvements to either new or
existing assets such as stations, platforms or rolling stock. To the
extent feasible, such railroad metrics should be provided and analyzed
discretely for Intercity Passenger Rail and, if applicable, Commuter
Rail Passenger Transportation and freight rail transportation services
involved in the proposed project.
x. Project Implementation and Management: The applicant must
describe proposed project implementation and project management
arrangements, including between the lead and joint applicants, if any.
Include descriptions of the expected arrangements for project
contracting, contract oversight and control, change-order 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; the technical qualifications
and demonstrated experience of key personnel proposed to lead and
perform the technical efforts, and the qualifications of the primary
and supporting organizations to fully and successfully execute the
proposed project within the proposed timeframe and budget, including a
discussion of the factors in 2 CFR 200.206(b); and the proposed
approach to assessing and mitigating project risk (these factors may be
summarized in the Project Narrative and additional information may be
provided as supporting documentation, as applicable).\9\ For Major
Capital

[[Page 75127]]

Projects and consistent with 49 U.S.C. 22903(a), demonstrate that
project management plans include elements such as management controls,
relations management, project planning and concept design, environment,
design management, project delivery, construction management,
construction close out, start up and revenue operation, real estate
acquisition and management, and rolling stock acquisition and
management (see <a href="https://railroads.dot.gov/training-guidance/resources/project-development">https://railroads.dot.gov/training-guidance/resources/project-development</a>).
---------------------------------------------------------------------------

\9\ Project risks, such as procurement delays, environmental
permitting or litigation uncertainties, increases in real estate
acquisition costs, uncommitted local match, concerns expressed by
stakeholders or impacted communities who may be relocated for the
project, or lack of legislative approval, affect the likelihood of
successful project start and completion. Applicants must identify
all material risks to the project and the strategies that the lead
applicant and any project partners have undertaken or will undertake
to mitigate those risks. The applicant will assess the greatest
risks to the project and identify how the project parties will
mitigate those risks. The applicant must include its risk
monitoring, management and mitigation strategy and explain
management staffing plans and procedures.
---------------------------------------------------------------------------

xi. 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>.
xii. DOT Strategic Goals: Applicants should describe efforts to
consider safety, economic strength, environmental 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.
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 use FRA's standard SOW, schedule, budget,
and performance measures templates to be considered for award. The four
required templates 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. Applicants must include annual budget
estimates in year of expenditure dollars for the duration of the
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. Further, applicants must provide their plan
for taking affirmative steps to employ small businesses consistent with
2 CFR 200.321.
ii. A Benefit-Cost Analysis (BCA) consistent with 49 U.S.C.
24911(d)(2)(B)(i), as an appendix to the Project Narrative for each
project submitted by an applicant. The BCA should demonstrate in
economic terms the merit of investing in the proposed project. The BCA
should include anticipated private and public benefits relative to the
costs of the proposed project, including the project's anticipated:
1. effects on system and service performance, including as measured
by applicable metrics set forth in 49 CFR part 273 (or successor
regulations);
2. effects on safety, competitiveness, reliability, trip or transit
time, greenhouse gas emissions, and resilience;
3. effects of anticipated positive economic and employment impacts,
including development in areas near passenger stations, historic
districts, or other opportunity zones;
4. efficiencies from improved connections with other modes; and
5. ability to meet existing or anticipated demand.
The BCA should be systematic, data driven, and examine the trade-
offs between reasonably expected project costs and benefits. The BCA
for Project Development projects should be for the underlying project,
not the just the systems planning or PE/NEPA work itself. For Final
Design/Construction projects applicants are required to document
project benefits and costs. Estimates of benefits should be presented
in monetary terms whenever possible; if a monetary estimate is not
possible, the applicant should provide a quantitative estimate (in
physical, non-monetary terms, such as crash or employee casualty rates,
ridership estimates, emissions levels, energy efficiency improvements,
etc.). Applicants must follow the BCA Guidance for Discretionary Grant
Programs when preparing a BCA. The guidance is available at <a href="https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance">https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance</a>. In addition, please also refer to the AQs
Webinar on FRA's website (<a href="https://railroads.dot.gov/rail-network-development/training-guidance/webinars-0">https://railroads.dot.gov/rail-network-development/training-guidance/webinars-0</a>) for some rail-specific
examples of how to apply the BCA Guidance for Discretionary Grant
Programs to FSP Program applications. All benefits claimed for the
project must be clearly tied to the expected outcomes of the project.
The complexity and level of detail in the BCA prepared for this FSP-
National NOFO should reflect the scope, scale, and the appropriate
Capital Project Lifecycle stage of the proposed project.
iii. Environmental compliance documentation, as applicable, if a
website link is not cited in the Project Narrative.
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 F30--Certification 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>.
viii. 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>.
ix. SF LLL--Disclosure of Lobbying Activities.
x. Draft Agreement required under 49 U.S.C. 22905(c)(1), if
applicable. As a

[[Page 75128]]

condition of a grant under this program for a project that uses rights-
of way owned by a railroad, the grantee shall have in place a written
agreement between the grantee and the railroad regarding such use and
ownership, including any compensation for such use; assurances
regarding the adequacy of infrastructure capacity to accommodate both
existing and future freight and passenger operations; an assurance by
the railroad that collective bargaining agreements with the railroad's
employees including terms regulating the contracting of work will
remain in full force and effect according to their terms for work
performed by the railroad on the railroad transportation corridor; and
an assurance that the grantee complies with liability requirements
consistent with 49 U.S.C. 28103.
Forms needed for the electronic application process are at
<a href="http://www.Grants.gov">www.Grants.gov</a>.

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 all 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 unique entity identifier and SAM
requirements, and if an applicant has not fully complied with the
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, including those 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 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 follow the directions below in sub-section
C.
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, grantees, 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 grantee'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 discontinued 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.

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, March 7, 2023. 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, no
late submissions will be reviewed for any reason, including: (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.
FRA is prohibited under 49 U.S.C. 22905(f) \10\ from providing FSP
grants for Commuter Rail Passenger Transportation. FRA's interpretation
of this provision is informed by the language in 49 U.S.C. 24911;
specifically, the eligible capital projects in 49 U.S.C. 24911(c).
FRA's primary intent in funding FSP projects is to make reasonable
investments in Capital Projects for Intercity Rail Passenger
Transportation. Such projects may be located on shared corridors where
Commuter Rail Passenger Transportation and/or freight rail also benefit
from the project.
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\10\ Under 49 U.S.C. 24911(i), Partnership grants are subject to
the conditions in 49 U.S.C. 22905.
---------------------------------------------------------------------------

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

[[Page 75129]]

engineering drawings, an applicant may submit an original and two (2)
copies to Ms. Deborah Kobrin, Office of Rail Program Development,
Federal Railroad Administration, 1200 New Jersey Ave. SE, Washington,
DC 20590; or Mr. Sergio Coronado, Office of Rail Program Development,
Federal Railroad Administration, 55 Broadway, Cambridge, MA 02142;
phone: 617-571-1213. 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: Eligibility, Completeness, and Application 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 and
previous financial contributions.
A. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine technical
merit and project benefits
i. Technical Merit: FRA will take into account:
1. The degree to which the tasks and subtasks outlined in the SOW
are appropriate to achieve the expected outcomes of the proposed
project;
2. The technical qualifications and demonstrated experience of key
personnel proposed to lead and perform the technical efforts, and the
qualifications of the primary and supporting organizations to fully and
successfully execute the proposed project within the proposed timeframe
and budget;
3. The degree to which the proposed project's business plan
considers potential private sector participation in the financing,
construction, or operation of the proposed project;
4. The applicant's past performance in developing and delivering
similar projects, and previous financial contributions;
5. The degree to which the applicant's proposed approach to
assessing and mitigating risk is appropriate for the project;
6. Whether the applicant has, or will have, the legal, financial,
and technical capacity to carry out the project; satisfactory
continuing access to equipment or facilities; and the capability and
willingness to maintain the equipment or facilities;
7. Whether the project has completed necessary Capital Project
Lifecycle prerequisites and demonstrates strong project readiness; \11\
and
---------------------------------------------------------------------------

\11\ Regarding project readiness, FRA uses a two-year timeframe
as a benchmark to assess whether a project is likely to complete the
required NEPA steps for the appropriate Project Lifecycle stage
described in the application.
---------------------------------------------------------------------------

8. Whether the project is consistent with planning guidance and
documents set forth by the Secretary of Transportation or otherwise
required by law
ii. Project Benefits: FRA will take into account the Benefit-Cost
Analysis of the proposed project, including anticipated private and
public benefits relative to the costs of the proposed project,
including--
1. Effects on system and service performance, including as measured
by applicable metrics set forth in part 273 of title 49, Code of
Federal Regulations (or successor regulations);
2. Effects on safety, competitiveness, reliability, trip or transit
time, greenhouse gas emissions, and resilience;
3. Effects of anticipated positive economic and employment impacts,
including development in areas near passenger stations, historic
districts, or other opportunity zones;
4. Efficiencies from improved connections with other modes;
5. Ability to meet existing or anticipated demand; and
6. Whether the project services historically unconnected or under-
connected communities.
B. Selection Criteria
In addition to the eligibility and completeness review and the
evaluation criteria outlined in this section, FRA will apply the
following statutory selection criteria:
i. FRA will give preference to eligible projects:
1. For which Amtrak is not the sole applicant;
2. That improve the financial performance, reliability, service
frequency, or address the state of good repair of an Amtrak route; and
3. That are identified in, and consistent with, a corridor
inventory prepared under the Corridor Identification and Development
Program pursuant to section 25101 of the IIJA.\12\
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\12\ The Corridor Identification and Development Program is a
new program authorized under IIJA. FRA is in the process of
developing this program and Project Pipeline, but it will not be
finalized by the time selections are made under this solicitation
and projects proposed for funding under this NOFO will not receive
this preference.
---------------------------------------------------------------------------

ii. After applying the above preferences, FRA will take in account
the following key DOT objectives:
1. 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.
2. Equitable Economic Growth and Job Creation: 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 high-quality job creation by supporting
good-paying jobs with a free and fair choice to join a union, in
project construction, and in on-going operations and maintenance, and
incorporates strong labor standards, such as through the use of project
labor agreements or union neutrality agreements; includes comprehensive
planning and policies to promote hiring of underrepresented populations
\13\ including local and economic hiring preferences \14\ and
investments in high-

[[Page 75130]]

quality workforce development programs with supportive services,
including labor-management programs, to help train, place, and retain
people in good-paying jobs or registered apprenticeship, and invests in
vital infrastructure assets;
---------------------------------------------------------------------------

\13\ While underrepresented groups vary based on local
demographics and specific construction jobs, such groups may include
women, people of color, including Black, Latino, Indigenous and
Native American persons, Asian Americans and Pacific Islanders and
other persons of color, and individuals with disabilities.
\14\ Local and economic hiring preferences are a contract
provision requiring a contractor on a project to employ workers or
apprentices/trainees from a specified target group or population, as
consistent with IIJA Section 25019(a), which is not otherwise
allowed by law.
---------------------------------------------------------------------------

3. 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 applicant's
plan for using small businesses to complete its project, the extent to
which the project improves or expands transportation options, and
mitigates the safety risks and detrimental quality of life effects that
rail lines can have on communities. This will also include community
engagement efforts already taken or planned, the extent to which
engagement efforts are designed to meaningfully 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.
4. Climate Change and Sustainability: 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 overall lifecycle emissions, promotes energy
efficiency, incorporates lower-carbon construction materials, increases
resiliency, and recycles or redevelops existing infrastructure.
5. 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, builds new
connections or attracts new users to passenger rail, and ensures assets
will be improved to a state of good repair. 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.

2. Review and Selection Process

FRA will conduct a five-part application review process, as
follows:
a. Screen applications for applicant and project eligibility,
completeness, the minimum match, and applicant risk including
applicable past performance in developing and delivering similar
projects;
b. Evaluate remaining applications in order to assign a rating of
``Not Recommended'', ``Acceptable,'' ``Recommended,'' or ``Highly
Recommended'' (completed by technical panels applying the evaluation
criteria);
c. Review highly rated Major Capital Projects for Letters of Intent
and Phased Funding Agreements, as applicable, to determine whether
either is appropriate for the project based on project specific
characteristics, funding availability, and statutory and policy
criteria stated in this NOFO;
d. Review, 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) which may include LOIs or PFAs; and
e. Select recommended awards, including associated interest in
issuing Phased Funding Agreements or Letters of Intent, for the
Secretary's or his designee's 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 the designated integrity and performance system,
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 62 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notices

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.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.

2. Administrative and National Policy Requirements

In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees of funds must
comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; 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 DOT determines that a
grantee has failed to comply with applicable Federal requirements, DOT
may terminate the award of funds and disallow previously incurred
costs, requiring the grantee to reimburse any expended award funds.
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

[[Page 75131]]

rights laws and regulations; disadvantaged business enterprises
requirements; debarment and suspension requirements; drug-free
workplace requirements; FRA's and OMB's Assurances and Certifications;
ADA; safety requirements; NEPA; and environmental justice requirements.
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, 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).\15\
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\15\ FRA has posted draft guidance to grantees on implementing
protective arrangements at <a href="https://www.govinfo.gov/content/pkg/FR-2022-03-04/pdf/2022-04530.pdf">https://www.govinfo.gov/content/pkg/FR-2022-03-04/pdf/2022-04530.pdf</a> to assist grantees implementing the
protective arrangements; and answers to frequently asked questions
intended to assist grantees subject to the requirements of 49 U.S.C.
22905(c)(1) 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>.
---------------------------------------------------------------------------

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; the
project improves disaster preparedness and resilience; and the project
primarily focuses on funding for state of good repair and clean
transportation options, including public transportation, walking,
biking, and 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 will include
the grantee's description of activities it has 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,
accessible 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.
To the extent that applicants have not sufficiently considered job
quality and labor rights in their planning, as determined by the
Department of Labor, the applicants will be required to do so before
receiving funds for construction, 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 planning activities and
project delivery actions must support: (a) strong labor standards and
the free and fair choice to join a union,\16\ including project labor
agreements, local hire agreements,\17\ distribution of workplace rights
notices, and use of an appropriately trained workforce; (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 registered apprenticeships; 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 underrepresented
groups, and proactive plans to prevent harassment.
---------------------------------------------------------------------------

\16\ Federal funds may not be used to support or oppose union
organizing, whether directly or as an offset for other funds.
\17\ IIJA div. B 25019 provides authority to use geographical
and economic hiring preferences, including local hire, for
construction jobs, subject to any applicable State and local laws,
policies, and procedures.
---------------------------------------------------------------------------

The Office of Federal Contract Compliance Programs (OFCCP) is
charged with protecting America's workers by enforcing equal employment
opportunity and affirmative action obligations of employers that do
business with the federal government. OFCCP enforces Executive Order
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. Together these legal
authorities make it unlawful for federal contractors and subcontractors
to discriminate in employment because of race, color, religion, sex,
sexual orientation, gender identity, national origin, disability, or
status as a protected veteran.
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. Under Section 503 of the Rehabilitation
Act and its implementing regulations, affirmative action obligations
for certain contractors include an aspirational employment goal of 7%
workers with disabilities.
Applications should demonstrate that the recipient has a plan for
compliance with civil rights obligations and nondiscrimination laws,
including Title VI of the Civil Rights Act of 1964 and implementing
regulations (49 CFR 21), the Americans with Disabilities Act of 1990
(ADA), and Section 504 of the Rehabilitation Act, and accompanying
regulations. This may include, as applicable, providing a Title VI
plan, community participation plan, and other information about the
communities that will be benefited and impacted by the project. The
Department's and FRA's Office of Civil Rights may provide resources and
technical assistance to recipients to

[[Page 75132]]

ensure full and sustainable compliance with Federal civil rights
requirements. The 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: <a href="https://www.dol.gov/agencies/ofccp/faqs/construction-compliance">https://www.dol.gov/agencies/ofccp/faqs/construction-compliance</a>.
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 signing of the grant agreement,
efforts to consider and address physical and cyber security 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. Additional information on
cybersecurity performance goals can be found at <a href="https://www.cisa.gov/cpg">https://www.cisa.gov/cpg</a>.\18\
---------------------------------------------------------------------------

\18\ These performance goals provide a baseline set of
cybersecurity practices broadly applicable across critical
infrastructure with known risk-reduction value, a benchmark for
critical infrastructure operators to measure and improve their
cybersecurity maturity, and a combination of recommended practices
for IT and OT owners, including a prioritized set of security
practices.
---------------------------------------------------------------------------

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, an
applicant must be prepared to demonstrate how they will maximize the
use of domestic goods, products, and materials in constructing their
project. If an applicant anticipates it may need a waiver, the
applicant should indicate the need in its application and submit
materials necessary for such requests together with its application.
Grantees must comply with applicable appropriations act
requirements. Rights to intangible property under grants awarded under
this NOFO are governed in accordance with 2 CFR 200.315. 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.

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 total value of a selected applicant's currently
active grants, cooperative agreements, and procurement contracts from
all Federal awarding agencies exceeds $10,000,000 for any period of
time during the period of performance of this Federal award, then the
applicant must, consistent with 2 CFR part 200 Appendix XII, maintain
the information reported to SAM and ensure that is made available in
the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about
civil, criminal, or administrative proceedings described in paragraph 2
of this award term and condition. This is a statutory requirement under
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted
in the designated integrity and performance system on or after April
15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.
c. 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

[[Page 75133]]

analysis, performance, and evaluation. (2 CFR part 200).
d. 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. Examples of some rail
performance measures are listed in the table below. The applicable
measure(s) will depend upon the type of project. Applicants requesting
funding for rolling stock must integrate at least one equipment/rolling
stock performance measure, consistent with the grantee's application
materials and program goals.

Performance Measure
--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary Secondary
Rail measures Unit measured Temporal strategic goal strategic goal Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles Reduced....... Miles............. Annual........... State of Good Safety........... The number of miles per year within the
Repair. project area that have temporary speed
restrictions (``slow orders'') imposed
due to track condition. This is an
indicator of the overall condition of
track. This measure can be used for
projects to rehabilitate sections of a
rail line since the rehabilitation should
eliminate, or at least reduce the slow
orders upon project completion.
Number of Passenger Trains..... Count............. Annual........... Economic Safety........... The number of daily passenger trains
Competitiveness. between city pairs.
Passenger Counts............... Count............. Annual........... Economic State of Good Count of the annual passenger boardings
Competitiveness. Repair. and alightings at stations within the
project area.
Delay Minutes.................. Time/Trip......... Annual........... Economic Quality of Life.. Point-to-point delay minutes reduced
Competitiveness. between pre-determined station stops
within the project area. This measure
demonstrates how track improvements and
other upgrades improve operations on a
rail line. It also helps make sure the
railroad is maintaining the line after
project completion.
Track Miles.................... Miles............. One Time......... State of Good Economic The number of track miles replaced,
Repair. Competitiveness. rehabilitated, or added within the
project area. This measure can be
beneficial for projects building sidings
or sections of additional main line track
on a railroad.
--------------------------------------------------------------------------------------------------------------------------------------------------------

a. Program Evaluation: As a condition of grant award, grantees may
be required to participate in an evaluation undertaken by DOT, or
another agency or partner. The evaluation may take different forms such
as an implementation assessment across grant recipients, an impact and/
or outcomes analysis of all or selected sites within or across grantee,
or a benefit/cost analysis or assessment of return on investment. The
Department may require applicants to collect data elements to aid the
evaluation. As a part of the evaluation, as a condition of award,
grantee must agree to: (1) make records available to the evaluation
contractor; (2) provide access to program records, and any other
relevant documents to calculate costs and benefits; (3) in the case of
an impact analysis, facilitate the access to relevant information as
requested; and (4) follow evaluation procedures as specified by the
evaluation contractor or DOT staff.

G. Federal Awarding Agency Contacts

For further information concerning this Notice, please contact the
FRA NOFO Support program staff via email at <a href="/cdn-cgi/l/email-protection#7f392d3e5231303930522c0a0f0f100d0b3f1b100b51181009">[email&#160;protected]</a>.
If additional assistance is needed, you may contact Mr. Douglas Gascon;
email: <a href="/cdn-cgi/l/email-protection#e3878c96848f8290cd848290808c8da3878c97cd848c95">[email&#160;protected]</a>; telephone: 202-493-2039; Mr. Sergio
Coronado; email: <a href="/cdn-cgi/l/email-protection#9ac9ffe8fdf3f5b4d9f5e8f5f4fbfef5dafef5eeb4fdf5ec">[email&#160;protected]</a>; telephone: 617-571-1213; or
Ms. Deborah Kobrin; email: <a href="/cdn-cgi/l/email-protection#214544434e5340490f4a4e4353484f61454e550f464e57">[email&#160;protected]</a>; telephone: 202-493-
0765 in FRA's Office of Rail Program Development.

H. Other Information

On May 13, 2022, FRA published a Notice in the Federal Register
that established and requested expressions of interest in the Corridor
Identification and Development Program. Eligible applicants to the
Corridor Identification and Development Program, as outlined within 49
U.S.C. 25101, are encouraged to submit an expression of interest. While
the expression of interest is non-binding and does not obligate an
applicant to pursue the proposed corridor, FRA has begun to use these
expressions of interest to engage with stakeholders as the Corridor
Identification and Development Program is implemented. Furthermore,
once corridors are selected under the Corridor Identification and
Development Program, they will receive a statutory selection preference
as part of subsequent FSP-National funding opportunities.
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 which 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, FRA may publish a list of all
applications received along with the names of the applicant
organizations and funding amounts requested. Except for

[[Page 75134]]

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. 2022-26610 Filed 12-6-22; 8:45 am]
BILLING CODE 4910-06-P

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