Notice2022-27559
Notice of Solicitation of Corridor Proposals and Funding Opportunity for the Corridor Identification and Development Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 20, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This notice details the application requirements and procedures for the selection of eligible corridors to participate in the Corridor Identification and Development Program and obtain grant funding appropriated in fiscal year 2022. This notice solicits applications for the Corridor Identification and Development Program funds made available by the Infrastructure Investment and Jobs Act and subsequent appropriations. 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 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77920-77933]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27559]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Solicitation of Corridor Proposals and Funding
Opportunity for the Corridor Identification and Development Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of solicitation and funding opportunity (notice).
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SUMMARY: This notice details the application requirements and
procedures for the selection of eligible corridors to participate in
the Corridor Identification and Development Program and obtain grant
funding appropriated in fiscal year 2022. This notice solicits
applications for the Corridor Identification and Development Program
funds made available by the Infrastructure Investment and Jobs Act and
subsequent appropriations. 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 selection and funding under the Corridor
Identification and Development program (Corridor ID Program or Program)
under this notice are due no later than 5 p.m. ET, March 20, 2023.
Applications that are incomplete or received after 5 p.m. ET on March
20, 2023 will not be considered. 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 selection and award under the Corridor ID Program.
FOR FURTHER INFORMATION CONTACT: For further information related to
this notice, please contact Peter Schwartz, Acting Director, Office of
Railroad Planning and Engineering, by email: <a href="/cdn-cgi/l/email-protection#6e3e0f163c0f07022a0b182e0a011a40090118"><span class="__cf_email__" data-cfemail="b1e1d0c9e3d0d8ddf5d4c7f1d5dec59fd6dec7">[email protected]</span></a> or by
telephone: 202-493-6360.
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 notice are provided in
section (A)(2) below. These key terms are capitalized throughout the
notice. There are several administrative prerequisites and specific
eligibility requirements described herein with which applicants must
comply. Additionally, applicants should note that the required Corridor
Narrative component of the application package may not exceed 15 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. Executive Summary
On November 15, 2021, President Biden signed into law the
Infrastructure Investment and Jobs Act, also known as the Bipartisan
Infrastructure Law (BIL). Public Law 117-58. The BIL authorized the
Secretary of Transportation to establish the Corridor ID Program to
[[Page 77921]]
facilitate the development of intercity passenger rail corridors. 49
U.S.C. 25101(a). The BIL also provided an historic, unprecedented level
of funding for the improvement and expansion of intercity passenger
rail service. Infrastructure Investment and Jobs Act, Public Law 117-
58, div. J, title VIII (Nov. 15, 2021). The Federal Railroad
Administrator is delegated the authority to establish and administer
the Corridor ID Program. 49 CFR 1.89(a).
FRA conducted extensive outreach in connection with the new
Corridor ID Program. FRA published a Request for Information in the
Federal Register on February 7, 2022, seeking comments on the Program
and how it can best serve stakeholders and the public. FRA-2022-0006-
0001. FRA also conducted three listening sessions on the Corridor ID
Program, on February 16 and 17, 2022, with eligible entities, host
railroads, and other stakeholders, respectively. In compliance with BIL
requirements, 49 U.S.C. 25101(a), FRA published a Federal Register
notice on May 13, 2022, that formally established the Program, provided
a general description of Program components, and highlighted FRA's
intent to publish a notice in the last calendar quarter of 2022
soliciting proposals for Corridors to participate in the Program. 87 FR
29432. In that notice, FRA encouraged further stakeholder engagement by
requesting that interested eligible entities submit expressions of
interest to the FRA, in advance of FRA's formal solicitation, to
facilitate further discussions.
In this notice, FRA is now soliciting proposals for Corridors for
selection and funding in the initial round of the Corridor ID Program.
2. Definitions of Key Terms
Terms defined in this section are capitalized throughout this
notice.
1. ``Implementation'' means the final design and construction
lifecycle stages of a project, as described in FRA's Guidance on
Development and Implementation of Railroad Capital Projects.\1\
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\1\ FRA published the proposed Guidance on Development and
Implementation of Railroad Capital Projects in the Federal Register
on June 28, 2022. 87 FR 38451; FRA Docket No. FRA-2022-0035. FRA
anticipates that the final Guidance will be published in the Federal
Register soon. The final Guidance will also be made available in FRA
Docket No. FRA-2022-0035. For further information related to this
notice's reference to the Guidance, please contact Peter Schwartz,
Acting Director, Office of Railroad Planning and Engineering, by
email: <a href="/cdn-cgi/l/email-protection#b8e8d9c0ead9d1d4fcddcef8dcd7cc96dfd7ce"><span class="__cf_email__" data-cfemail="4d1d2c351f2c242109283b0d292239632a223b">[email protected]</span></a> or by telephone: 202-493-6360.
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2. ``Intercity Passenger Rail Corridor'' and ``Corridor'' mean:
a. A new intercity passenger rail route of less than 750 miles;
b. The enhancement of an existing intercity passenger rail route of
less than 750 miles;
c. The restoration of service over all or portions of an intercity
passenger rail route formerly operated by Amtrak; or
d. The increase of service frequency of a long-distance intercity
passenger rail route.
3. ``Project Development'' means the lifecycle stage of a project
when design, environmental, and other studies are conducted, as
described in FRA's Guidance on Development and Implementation of
Railroad Capital Projects.
4. ``Project Planning'' means the lifecycle stage of a project when
project concepts are developed to establish the type and scope of
capital improvements, as described in FRA's Guidance on Development and
Implementation of Railroad Capital Projects.
5. ``Step 1'' means the initiation of a grantee's Corridor
development efforts under the Program and the development of a scope,
schedule, and cost estimate for preparing a service development plan
(SDP) for a Corridor.
6. ``Step 2'' means the preparation of an SDP (or an update to an
existing SDP) to complete Project Planning work consistent with FRA's
Guidance on Development and Implementation of Railroad Capital
Projects.
7. ``Step 3'' means the preparation of documentation to complete
Project Development work required to ready the Corridor (or phase of
the Corridor) for Implementation, including project designs that are
reasonably expected to conform to all regulatory, safety, security, and
other design requirements, including those under the American with
Disabilities Act. Such work includes the completion of preliminary
engineering (PE) and National Environmental Policy Act (NEPA)
activities, and other documentation for the Corridor's capital
project(s) to advance to Implementation, consistent with FRA's Guidance
on Development and Implementation of Railroad Capital Projects.
3. Overview
The Corridor ID Program is a comprehensive intercity passenger rail
planning and development program that will help guide intercity
passenger rail development throughout the country and create a pipeline
of intercity passenger rail projects ready for Implementation. Unlike
previous Federal intercity passenger rail planning efforts, the
Corridor ID Program is intended both to support a sustained long-term
development effort, and to set forth a capital project pipeline ready
for Federal (and other) funding. The Corridor ID Program is intended to
become the primary means for directing Federal financial support and
technical assistance toward the development of proposals for new or
improved intercity passenger rail services throughout the United
States.
FRA's selection of a Corridor to participate in the Program
reflects the agency's interest in advancing the Corridor to
Implementation and operation, as well as an FRA decision to fund
planning and development activities for the Corridor (as further
detailed in this notice). FRA will consider Corridor applications for
entirely undeveloped concepts for new or improved Corridors, and for
concepts that have been the subject of past or ongoing planning and
development efforts.\2\ For the latter, selection into the Corridor ID
Program will provide the opportunity to complete or update the prior
Corridor planning and development efforts.
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\2\ Section 22214 of the BIL also requires FRA to conduct the
Amtrak Daily Long-Distance Service Study (Long-Distance Study) to
evaluate the restoration of Amtrak daily long-distance services to
include Amtrak routes that have been discontinued, current Amtrak
routes that occur on a nondaily basis, and potentially new Amtrak
long-distance routes. The Long-Distance Study is required to develop
a prioritized inventory of capital projects for preferred options
for restoring or enhancing services. Some of the Corridors that the
Long-Distance Study may assess include ones that are eligible under
the Corridor ID Program.
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Applicants may submit applications for more than one Corridor,
under separate submissions. In every submission, FRA encourages
applicants to reflect the full scope of the proposed Corridor. As
described in section (D)(2)(a)(v), applications must address the
applicant's interest in the potential scaling of a Corridor proposal
and/or phasing of its Implementation as well as the prioritization of
Corridors (where an applicant submits applications for multiple
Corridors). As described in section (E)(2), prior to Corridor
selection, FRA may (at its sole discretion) engage in a discussion with
an applicant on potential Corridor scaling, geographic overlaps between
Corridors, and the prioritization of Corridor proposals (for applicants
with multiple proposed Corridors). These discussions may result in FRA
changes to the scope, phasing, or prioritization of a Corridor as
proposed in the application. FRA will not select a modified Corridor
proposal to participate in the Program without an applicant's
concurrence.
[[Page 77922]]
Corridor proposals may vary in scope and may include introducing
entirely new intercity passenger rail services (using existing or new
rail lines); significantly improving existing services (e.g.,
geographic extensions, added frequencies, or reduced travel times); or
incremental improvements to existing services. FRA strongly encourages
sponsors and/or operators of existing intercity passenger rail services
that anticipate pursuing Federal funding for capital projects aimed at
improving that service to submit applications to the Corridor ID
Program to benefit from the advantages of the Program described in this
notice.
In addition, FRA strongly encourages all applicants that have
previously undertaken or are in the process of undertaking development
activities for a Corridor, with the intent of seeking Federal funding
for Implementation, to submit applications for those Corridors under
this notice. FRA will review any previous Corridor development work to
assess whether it is adequate and appropriate, including whether it
reflects current conditions, with the aim of incorporating existing
work under this Program to the greatest extent practicable.
In keeping with the long-range orientation of the Corridor ID
Program, and subject to the availability of funding, FRA anticipates
issuing subsequent notices soliciting Corridor proposals at regular
intervals to allow opportunities for additional Corridors to
participate in the Program. This approach allows for a consistent
introduction of new Corridors into the Corridor ID Program for
development.
4. Corridor Development Steps
For Corridors selected to participate in the Corridor ID Program
under this notice, Corridor development will occur in three, sequenced
steps: Step 1, Step 2, and Step 3.
a. Step 1--Corridor Development Initiation and Scope, Schedule, and
Cost Estimate for Preparing a Service Development Plan
Step 1 initiates the grantee's Corridor development efforts under
the Program by preparing a scope, schedule, and cost estimate for
developing an SDP, or updating an existing SDP, for the selected
Corridor.\3\ Step 1 also includes the grant recipient's development of
its capability and capacity (including securing initial staff,
contractor support, and non-Federal financial resources) necessary to
support successfully preparing the SDP and conducting Step 3
activities, as appropriate. With the support of these initial
resources, the grantee will work in collaboration with FRA to develop a
scope, schedule, and cost estimate for preparing an SDP. FRA expects
that selected Corridors will vary in geographic scope, scale,
characteristics of new intercity passenger rail service or service
improvement, and previous development work. Therefore, as part of Step
1, FRA and the grantee will collaborate to determine the level of
effort required to successfully prepare or update an SDP, which will be
reflected in the scope, schedule, and cost estimate.
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\3\ FRA's notice establishing the Corridor ID Program did not
address Corridor development initiation and the preparation of the
scope, schedule, and cost estimate for an SDP. 87 FR 29432.
Typically, an applicant for Federal financial assistance would
develop such information independently. FRA has included these
activities in the Corridor ID Program and is making them eligible
for funding because they are relevant to the successful development
of intercity passenger rail corridors. See 49 U.S.C. 25101(a)(7).
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The scope, schedule, and cost estimate will also identify the work
product and deliverables the grantee will prepare and the sequence for
preparing those documents; the appropriate level and timing of public
and agency involvement in developing the SDP; and the process the
grantee will engage in when developing an SDP to ensure logical
decision-making and appropriate engagement. When developing the scope
for the SDP, FRA and the grantee will seek opportunities for the SDP to
maximize efficiencies in subsequent NEPA processes undertaken for the
Corridor. FRA will determine when the grantee has successfully
completed Step 1.
b. Step 2--Service Development Plan
After the grantee has successfully completed Step 1 and secured the
required cost share funding (see section (C)(3) below), the Corridor
will advance to Step 2--preparing an SDP (or updating an existing SDP).
Preparing an SDP for a selected Corridor, through a partnership between
FRA and the grantee as required by 49 U.S.C. 25101(d), is a central
undertaking under the Corridor ID Program. In addition, the grantee and
FRA will partner with relevant States and Amtrak, as appropriate, in
connection with the preparation of the SDP. 49 U.S.C. 25101(d).
Through engaging in Project Planning, the SDP will determine and
document how the Corridor will be implemented. As such, preparing the
SDP will identify the draft purpose and need for intercity passenger
rail development and will incorporate an analysis of alternatives--that
may vary, as applicable, in terms of geographic route, service
characteristics, and required capital projects--for implementing the
Corridor. The analysis of alternatives will be supported by technical
transportation planning and conceptual engineering; high-level analysis
and consideration of environmental factors associated with the
alternatives; and input provided through public involvement (please see
DOT's Promising Practices for Meaningful Public Involvement in
Transportation Decision-Making at <a href="https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making">https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making</a>), coordination with relevant public
agencies, and, as appropriate, consultation with Federally recognized
Indian tribes. The SDP will also identify the governance structure for
the Implementation and operation of the Corridor.
Because an SDP must include a ``Corridor project inventory that
identifies the capital projects necessary to achieve the proposed
service,'' 49 U.S.C. 25101(d)(2)), the analysis of alternatives in the
SDP will identify a single geographic route and set of service
characteristics for the Corridor with which the list of required
capital projects is associated. The SDP alternatives analysis is the
foundation for scoping in the Step 3 NEPA process and will expedite
Project Development and Implementation of selected Corridors.
Consistent with 49 U.S.C. 25101(d), the SDP will be prepared
through a partnership between FRA and the grantee, although the primary
responsibility for preparing the SDP will lie with the grantee. FRA's
role in preparing the SDP will include review and approval of component
work products and deliverables developed in support of the SDP, along
with participation in and concurrence with all determinations regarding
alternatives for implementing the Corridor. FRA's role in preparing the
SDP will be described in detail in the statement of work governing the
award of Federal funding to the grantee for Step 2 (see section (C)(3)
below).
SDPs may be prepared as long-range Corridor planning documents,
with the option to implement in multiple phases. For example, SDPs may
reflect two or more discrete Implementation phases, with each phase
associated with a specific geographic scope, set of service
characteristics, and/or improvements that, if implemented, would
independently benefit intercity
[[Page 77923]]
passenger rail service that would be operating on an ongoing basis. The
Corridor's project inventory, required by 49 U.S.C. 25101(d)(2), will
be organized by the capital projects required to implement each
discrete phase. With this approach, FRA intends to avoid situations in
which a Corridor may be developed only as an ``all-or-nothing''
proposition, and to minimize the possibility that near-term
Implementation of a Corridor would conflict with the longer-term
Implementation of the Corridor.
At a minimum, an SDP will include the following information: (1) a
detailed description of the proposed intercity passenger rail service,
including train frequencies, peak and average operating speeds, and
trip times; (2) a Corridor project inventory that identifies the
capital projects necessary to achieve the proposed service and the
order in which Federal funding will be sought; (3) a schedule and
associated phasing of projects and related service initiation or
changes; (4) project sponsors and other entities expected to
participate in carrying out the plan; (5) a description of how the
Corridor would comply with Federal rail safety and security laws; (6)
the locations of existing and proposed stations; (7) the needs for
rolling stock and other equipment; (8) a financial plan; (9) a
description of how the Corridor would contribute to the development of
a multi-State regional network of intercity passenger rail; (10) an
intermodal plan describing how the new or improved Corridor facilitates
travel connections with other passenger transportation services; (11) a
description of the anticipated environmental benefits of the Corridor;
and (12) a description of the corridor's impacts on highway and
aviation congestion, energy consumption, land use, and economic
development in the service area. 49 U.S.C. 25101(d)(1)-(12).
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\4\ Regular engagement between a grantee and host railroad(s),
where applicable, during Project Planning are important to the
success of a Corridor.
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In partnering on the preparation of an SDP, FRA will consult with
Amtrak; State and regional transportation authorities and local
officials; representatives of employee labor organizations representing
railroad and other appropriate employees; host railroads; \4\ and other
stakeholders as determined by FRA. 49 U.S.C. 25101(e). To the extent
applicable, FRA expects the preparation of an SDP to consider shared
benefits to both freight and commuter rail operations and that the
grantee and FRA will jointly engage with host railroads and relevant
commuter rail operators early in the process to maximize shared
benefits realized by the Corridor. In addition, every five years after
the initial development of an SDP, if at least 40% of the work to
implement the SDP has not been completed, as determined by FRA, then
the grantee, in consultation with FRA, will decide whether the plan
should be updated. 49 U.S.C. 25101(f). If an SDP update is needed, FRA
will determine the Corridor's status in the Corridor ID Program. FRA
will determine when the grantee has successfully completed the SDP.
c. Step 3--Project Development
Following the successful completion of Step 2, the Corridor, or one
or more discrete phases of the Corridor, may advance to Step 3 under
the Corridor ID Program. Step 3 is the Project Development work
required to make projects identified in the SDP's Corridor project
inventory ready for Implementation (i.e., final design and
construction). Project Development includes the completion of PE, NEPA,
and other documentation for the Corridor's capital project(s) to
advance to Implementation, consistent with FRA's Guidance on
Development and Implementation of Railroad Capital Projects. Projects
from a Corridor project inventory may advance to Step 3 as part of a
specific Implementation phase of the Corridor as identified in the SDP.
FRA will advance into Project Development only those phases that:
are likely to continue to Implementation following Project Development;
and, if implemented, would independently benefit intercity passenger
rail service that would operate on an ongoing basis. In considering
whether a Corridor Implementation phase is ready to advance to Step 3,
FRA will consider: (1) the capability, authority, and experience of the
grantee; (2) the content of the SDP; (3) whether the grantee has
secured the required non-Federal funding for work undertaken as part of
Step 3 (see section (C)(3)); and (4) whether the Implementation phase
is ready to enter Project Development, consistent with FRA's Guidance
on Development and Implementation of Railroad Capital Projects. FRA
will review development work undertaken prior to the selection of the
Corridor to participate in the Program to determine its adequacy and
appropriateness, with the aim of incorporating it into the completion
of Step 3 to the greatest extent practicable. In addition, FRA may
recommend that a grantee pursue funding for Step 3 activities under a
program other than the Corridor ID Program.
FRA will determine when the grantee has successfully completed Step
3.
5. Funding
Under this notice, FRA will select Corridors for participation in
the Corridor ID Program. For each selected Corridor, FRA will initially
award the grantee $500,000 for eligible Step 1 activities. The initial
award will not be subject to any cost sharing. Should the completion of
eligible Step 1 activities not require the use of the full $500,000 of
the initial award, any remaining funds will be carried forward to the
Step 2 award for Step 2 activities.
Upon FRA's determination that the grantee has successfully
completed Step 1, FRA will award the grantee funds for eligible Step 2
activities (subject to the availability of funding). FRA will determine
the funding amount for Step 2 based on the cost estimate developed in
Step 1. As described in section (C), there is a minimum 10 percent cost
sharing requirement for Step 2 activities.
Following FRA's determination that the grantee has successfully
completed Step 2 and is ready to advance to Step 3 as described in
section (A)(4)(b), and subject to the availability of funding, FRA may
award the grantee funds for eligible Step 3 activities. The amount and
sequence of Step 3 funding will be based on the SDP, including cost
estimates for completing Project Development for a phase of the
Corridor. Step 3 funding may be provided through multiple awards, with
each award funding Step 3 activities for a specific Implementation
phase. As described in section (C), there is a minimum 20 percent cost
sharing requirement for Step 3 activities. If there is not sufficient
Federal funding available under the Corridor ID Program to award the
maximum 80 percent share of Step 3 costs, FRA may allow a phase to
advance to Step 3 if the grantee has other funding available to
complete the Step 3 activities for the phase.
Once a Corridor is selected to participate in the Corridor ID
Program, the grantee does not compete for Program funding for Step 2
and Step 3. Instead, funding under the Program is dictated by a
grantee's successful completion of a Step, as determined by FRA. The
table below illustrates this funding sequence.
[[Page 77924]]
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Grantee
Step Work activities Award amount minimum cost
share (%)
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Step 1..................................... Scope, Schedule, and Cost Estimate $500,000 0
for SDP.
Step 2..................................... SDP................................ TBD 10
Step 3..................................... Project Development................ TBD 20
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The opportunity described in this notice is made available under
Assistance Listings Number 20.326, ``Federal-State Partnership for
Intercity Passenger Rail.'' FRA is authorized to use up to 5 percent of
the funding made available for the Federal-State Partnership for
Intercity Passenger Rail grants (Fed-State Partnership) program to
carry out planning and development activities related to the Corridor
ID Program. 49 U.S.C. 24911(k). Such activities include: (1) providing
funding to public entities for the development of SDPs selected under
the Corridor ID Program; (2) facilitating and providing guidance for
intercity passenger rail systems planning; and (3) providing funding
for the development and refinement of intercity passenger rail systems
planning analytical tools and models. 49 U.S.C. 24911(k). In addition,
such planning and development activities include a Corridor's Project
Development activities, such as PE and NEPA, that are relevant to the
successful development of intercity passenger rail corridors and to the
success of the Program. 49 U.S.C. 25101(a)(7) (FRA may include in the
Program ``such other features as the [FRA] considers relevant to the
successful development of intercity passenger rail corridors.''); see
also 49 U.S.C. 24911(k) (development activities related to the Corridor
ID Program are eligible for funding).
6. Project Pipeline
Within 1 year of establishing the Program, and by February 1st of
each year thereafter, FRA will submit a ``project pipeline'' report to
Congress. 49 U.S.C. 25101(g). As FRA established the Program on May 13,
2022, FRA will submit the first project pipeline report to Congress on
or before May 13, 2023. 87 FR 29432.
The project pipeline report: (1) identifies intercity passenger
rail corridors selected for development under the Program; (2)
identifies capital projects for Federal investment, project applicants,
and proposed Federal funding levels, as applicable, consistent with the
Corridor project inventory; (3) specifies the order in which the
Secretary would provide Federal financial assistance to projects that
have identified sponsors, including a method and plan for apportioning
funds to project sponsors for a five-year period; (4) takes into
consideration the appropriate sequence and phasing of projects
described in the Corridor project inventory; (5) takes into
consideration the existing commitments and anticipated Federal, project
applicant, sponsor, and other relevant funding levels for the next 5
fiscal years; (6) is prioritized based on the level of readiness of the
Corridor; \5\ and (7) reflects consultation with Amtrak. 49 U.S.C.
25101(g)(1)-(7).
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\5\ In connection with the project pipeline report, FRA's
criteria for determining the level of readiness for Federal
financial assistance of a Corridor include: (1) identification of a
service operator which may include Amtrak or private rail carriers;
(2) identification of a service sponsor or sponsors; (3)
identification of capital project sponsors; (4) engagement with the
applicable host railroads; and (5) such other criteria as determined
appropriate by FRA. 49 U.S.C. 25101(a)(3).
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The annual project pipeline report includes a Program-wide,
prioritized list of projects that have completed Project Development
and are ready for Implementation. The project pipeline report will also
include a list of projects that are in Project Development, and thus
are in the process of being prepared for future inclusion in the
project pipeline.
7. Program Guidance
FRA intends to issue Corridor ID Program guidance as the Program
advances, including guidance for Corridors not selected to participate
in the Program. 49 U.S.C. 25101(a)(6). Following the selection of
Corridors under this notice, FRA will also provide an opportunity for
all applicants with Corridors not selected to meet with FRA to receive
feedback on their Corridor proposals.
8. DOT Strategic Goals
FRA will implement the Corridor ID Program, as appropriate and
consistent with law, in alignment with the priorities in Executive
Order 14052, Implementation of the Infrastructure Investments and Jobs
Act (86 FR 64355), which are to invest efficiently and equitably,
promote the competitiveness of the U.S. economy, improve job
opportunities by focusing on high labor standards, strengthen
infrastructure resilience to all hazards including climate change, and
to effectively coordinate with State, local, Tribal, and territorial
government partners.
Through the Corridor ID Program, FRA seeks to identify Corridors
that reduce greenhouse gas emissions and can be designed with specific
elements to address climate change impacts. Specifically, FRA is
looking to identify Corridors 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 identify Corridors that address environmental
justice, particularly for communities that disproportionally experience
climate change-related consequences. Environmental justice, as defined
by the Environmental Protection Agency, is the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income, with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies. As part of the implementation of Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619), FRA seeks
to identify Corridors 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 communities.\6\
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\6\ Overburdened Community: Minority, low-income, tribal, or
indigenous populations or geographic locations in the United States
that potentially experience disproportionate environmental harms and
risks. This disproportionality can be as a result of greater
vulnerability to environmental hazards, lack of opportunity for
public participation, or other factors. Increased vulnerability may
be attributable to an accumulation of negative or lack of positive
environmental, health, economic, or social conditions within these
populations or places. The term describes situations where multiple
factors, including both environmental and socio-economic stressors,
may act cumulatively to affect health and the environment and
contribute to persistent environmental health disparities.
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FRA also seeks to identify Corridors that proactively address
racial equity and barriers to opportunity, including automobile
dependence, as a form of
[[Page 77925]]
barrier, or redress prior inequities and barriers to opportunity.
Section (E)(1)(c) describes racial equity considerations that an
applicant can undertake, and FRA will consider during the review of
applications.
In addition to prioritizing projects that address climate change,
proactively address racial equity, and reduce barriers to opportunity,
to the extent possible in Project Planning and Project Development, FRA
intends to use the Corridor ID 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. Projects that incorporate such considerations are expected
to support a strong economy and labor market.
FRA also intends to use the Corridor ID Program to support
Corridors that encourage transit-oriented development to the extent it
is applicable, for the purpose of enhancing the economic vitality and
competitiveness of a neighborhood and region and providing new spaces
and opportunities for commercial activity and housing.
Section (E) of this notice, which outlines the Corridor ID Program
selection criteria, describes the process for selecting Corridors that
further these goals. Section (F)(3) describes progress and performance
reporting requirements for selected Corridors, including the
relationship between that reporting and the Corridor ID Program's
selection criteria.
B. Federal Award Information
1. Available Award Amount
The funding made available in this notice comes from FRA's
authority to use up to 5 percent of the funding made available for the
Fed-State Partnership program to carry out planning and development
activities related to the Corridor ID Program. 49 U.S.C. 24911(k). The
BIL provided significant funding for the Fed-State Partnership program
of $7.2 billion for Fiscal Year 2022.\7\ Public Law 117-58, div. J,
title VIII. FRA may also elect to award additional available funds to
applications received under this notice (any selection and award under
this notice is subject to the availability of appropriated funds).
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\7\ The Fed-State Partnership program is authorized for
additional annual appropriations.
---------------------------------------------------------------------------
Importantly, once a Corridor is selected to participate in the
Program and receive Step 1 funding, additional funding for Step 2 and
Step 3 activities is not competitive and FRA will award such funding
upon the grantee's successful completion of the preceding step and
demonstration of readiness to proceed, as determined by FRA, consistent
with this notice and the availability of funding under 49 U.S.C.
24911(k). Any selection and award under this notice is subject to the
availability of appropriated funds.
2. Award Size
FRA will award the applicant of a selected Corridor $500,000 for
eligible Step 1 activities. As described, subsequent individual awards
for Step 2 and Step 3 activities have no predetermined minimum or
maximum dollar thresholds. FRA anticipates making multiple Corridor
selections under this notice. FRA may not award grants to all eligible
applications even if they meet or exceed the stated evaluation criteria
(see section (E)).
3. Award Type
FRA will make awards for Corridors selected under this notice
through cooperative agreements. 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. See section (A)(4). The use
of cooperative agreements is consistent with the statutory direction
that selected Corridors be developed through a partnership between the
applicant and FRA. 49 U.S.C. 25101(d). The term ``grant'' is used
throughout this document and is intended to reference funding awarded
through a cooperative agreement. The funding provided under this notice
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, grantees are expected to expend
matching funds at the percentage required in the grant 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.
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 notice, applicants must indicate the other
program(s) to which they submitted an application for funding the
Corridor or certain Corridor components, as well as highlight new or
revised information in the application responsive to this notice that
differs from the previously submitted application(s).
C. Eligibility Information
This section of the notice explains applicant eligibility, Corridor
eligibility, eligible activities, and cost sharing or matching
requirements. Applications that do not meet the requirements in this
section are ineligible for funding. Instructions for submitting
eligibility information to FRA are detailed in section (D) of this
notice.
1. Eligible Applicants
The following entities are eligible to submit applications to
participate in the Corridor ID Program under this notice:
a. Amtrak.
b. States.
c. Groups of States.
d. Entities implementing interstate compacts.
e. Regional passenger rail authorities.
f. Regional planning organizations.
g. Political subdivisions of a State.
h. Federally recognized Indian Tribes.
The applicant serves as the primary point of contact for the
application, and if selected, as the recipient of the Corridor ID
Program grant award. An application may identify entities that are not
eligible applicants as Corridor partners.
2. Cost Sharing or Matching
For Step 1 activities, there is no minimum cost share or match
requirement for Corridors funded under this notice. For Step 2
activities, the Federal share of total costs for a Corridor will not
exceed 90 percent.\8\ For Stage 3 activities, the Federal share
[[Page 77926]]
of total costs for a Corridor will not exceed 80 percent.
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\8\ The notice establishing the Corridor ID Program stated that
not less than a 20 percent non-Federal share of eligible costs would
be expected for the Corridor ID Program. 87 FR 29432. While a 20
percent match is consistent with the requirements of the Fed-State
Partnership program, it is not required for the Corridor ID Program.
See 49 U.S.C. 24911(f)(2) (establishing a Federal share of 80
percent for ``a project under this section''--``this section'' is
the Fed-State Partnership program (which does not encompass the
Corridor ID Program). After further consideration, outreach, and
development of the Program, FRA believes a graduated non-Federal
match requirement better advances the Program by further encouraging
applicants from across the country to participate. Therefore, as
reflected in this notice, FRA will fund 100 percent of the eligible
Step 1 activities, up to 90 percent of the eligible Step 2
activities, and up to 80 percent of the eligible Step 3 activities.
---------------------------------------------------------------------------
The non-Federal share may be composed of public sector (e.g., state
or local) and/or private sector funding. FRA will not consider any non-
Federal funds already expended (or otherwise encumbered) toward the
matching requirement,\9\ 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.
---------------------------------------------------------------------------
\9\ See section (F)(2)(a) for supporting information required to
demonstrate eligibility of Federal funds for use as match.
---------------------------------------------------------------------------
Amtrak or another railroad carrier may use ticket and other non-
Federal revenues generated from its operations and other sources as
matching funds.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. Cost sharing or matching
may be used only for eligible purposes under the Program and are
subject to the requirements of the Federal award.
3. Eligible Corridors
An applicant is not limited in the number of Corridors for which
they seek participation in the Corridor ID Program. The Corridors that
are eligible under the Corridor ID Program are defined in section
(A)(2). See also 49 U.S.C. 25101(h). That definition is limited
exclusively to intercity passenger rail routes. As such, commuter rail
services are not ``Corridors'' under this definition and are not
eligible to participate in the Program. See 49 U.S.C. 24102(4)
(``[I]ntercity rail passenger transportation'' means rail passenger
transportation, except commuter rail passenger transportation.'').\10\
Likewise, an eligible Corridor must encompass a geographic scope
sufficient to constitute intercity passenger rail transportation; a
proposal that only consists of a portion of a route, which if advanced
independently would not constitute intercity passenger transportation,
is not eligible.
---------------------------------------------------------------------------
\10\ With that said, a Corridor may jointly benefit commuter
rail services and intercity passenger rail services and be eligible
to participate in the Program, assuming it meets the Corridor
criteria as described in section (A)(2).
---------------------------------------------------------------------------
While an eligible Corridor may include geographic markets and/or
segments that are outside of the United States (e.g., where a major
travel market outside of the United States is located in proximity to
the international border, or where a Corridor segment passing outside
of the United States connects markets lying within the United States),
the Corridor ID Program will focus on the components of a Corridor that
are located in the United States.
In addition, Corridor eligibility is limited to proposals that use
technologies that are ready for deployment and Implementation at the
time of application. Proposals that include the use of unproven
technologies that are under development at the time of application are
not eligible.
4. Eligible Activities
For Corridors selected to participate in the Corridor ID Program,
the following activities are eligible for funding under 49 U.S.C.
24911(k) and this notice:
a. Step 1: The initiation of an applicant's Corridor development
efforts under the Program (including securing the professional and
technical staff or contractor support necessary to prepare an SDP) and
the development of a scope, schedule, and cost estimate for preparing
an SDP for a Corridor.
b. Step 2: The preparation of an SDP (or an update to an existing
SDP) consistent with 49 U.S.C. 25101(d) and this notice to complete
Project Planning work consistent with FRA's Guidance on Development and
Implementation of Railroad Capital Projects.
c. Step 3: The preparation of all additional Project Development
work required to ready the Corridor (or the initial phase or phases of
the Corridor) for Implementation. Such work includes the completion of
PE and NEPA activities, and other documentation for the Corridor's
capital project(s) to advance to Implementation, consistent with FRA's
Guidance on Development and Implementation of Railroad Capital
Projects.
D. Application and Submission Information
1. Address To Request Application Package
Application materials may be accessed at <a href="https://www.Grants.gov">https://www.Grants.gov</a>.
Applicants must submit all application materials in their entirety
through https://www.grants.gov no later than 5 p.m. ET, on March 20,
2023. 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#c9a5a8bcbba8e7a4a8a1a6a7acb089ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="1478756166753a79757c7b7a716d54707b603a737b62">[email protected]</span></a>; phone: 202-578-9337.
2. Content and Form of Application Submission
FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for selection and funding under
the Corridor ID Program. Applications that are not submitted on time or
do not contain all required documentation will not be considered. To
support the application, applicants may provide other relevant and
available optional supporting documentation that may have been
developed by the applicant.
Required documents for an application package are described in
subsections (a) and (b) below.
a. Corridor Narrative
This section describes the minimum content required in the Corridor
Narrative for applications under the Corridor ID Program. The Corridor
Narrative must follow the basic outline below to address the Program
requirements and to assist evaluators in locating relevant information.
------------------------------------------------------------------------
------------------------------------------------------------------------
I. Cover Page.............................. See D.2.a.i.
II. Corridor Summary....................... See D.2.a.ii.
III. Corridor Funding...................... See D.2.a.iii.
IV. Applicant Eligibility.................. See D.2.a.iv.
V. Detailed Corridor Description........... See D.2.a.v.
VI. Corridor Location...................... See D.2.a.vi.
VII. Evaluation and Selection Criteria..... See D.2.a.vii.
[[Page 77927]]
VIII. DOT Strategic Goals.................. See D.2.a.viii.
------------------------------------------------------------------------
The above content must be provided in a narrative statement
submitted by the applicant. The Corridor Narrative may not exceed 15
pages in length (excluding cover pages, table of contents, and
supporting documentation). FRA will not review or consider Corridor
Narratives beyond the 15-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 Corridor Narrative. The
Corridor 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:
------------------------------------------------------------------------
------------------------------------------------------------------------
Corridor Title
Applicant
Was a Federal Grant Application Previously Yes/No
Submitted for this Corridor? If yes, please specify the
program, funding year and
project title of the
previous application.
Other sources of Funding for the Corridor?. Yes/No
If yes, please specify the
source of funding and the
estimated amount.
City(-ies), State(s) Where the Corridor is
Located
Congressional District(s) Where the
Corridor is Located
Is the Corridor currently programmed or Yes/No
identified in: State rail plan, or If yes, please specify in
regional or interregional intercity which plans the Corridor is
passenger rail systems planning study? currently programmed/
identified and how the
plan may be accessed.
Is the applicant working with other Yes/No
entities in support of the Corridor?. If yes, please specify the
entities.
------------------------------------------------------------------------
ii. Corridor Summary: Provide a brief 4-6 sentence summary of the
Corridor. Include challenges the Corridor aims to address and summarize
the intended outcomes and anticipated benefits that will result from
the Corridor.
iii. Corridor Funding: If applicable, indicate in table format the
amount of non-Program funding (both Federal and non-Federal) available
at the time of application to support eligible activities under the
Program.\11\ Identify the source(s) of non-Program funds, including
funding commitment letters outlining funding agreements, as attachments
or in an appendix. If non-Program Federal funding is available to
support the development of the Corridor, demonstrate the applicant's
determination of eligibility for such use, and the legal basis for that
determination. Also, note if any available non-Program funding 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. Finally, specify whether
Federal funding for the Corridor 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 Corridor ID
Program application that differs from the application(s) to other
financial assistance programs.
---------------------------------------------------------------------------
\11\ Although there is not a cost sharing requirement for the
selection of a Corridor to participate in the Program, as discussed,
there is a cost sharing requirement in connection with Step 2 and
Step 3 activities under the Program.
---------------------------------------------------------------------------
iv. Applicant Eligibility: Explain how the applicant meets the
applicant eligibility criteria outlined in section (C) of this notice
including where appropriate citations to applicable enabling
legislation for the applicant.
v. Detailed Corridor Description: Include a detailed Corridor
description that expands upon the brief Corridor summary. This detailed
description should address, at a minimum: (1) information regarding the
basic characteristics of the Corridor, including the key geographic
travel markets that must be served for the Corridor to fulfill its
intended objectives, high-level initial estimates, preferably expressed
as ranges or options, of certain Corridor characteristics (such as the
potential service frequencies and travel times between the Corridor-
defining markets, the potential geographic routes for the Corridor
(particularly if the subject Corridor is intended to operate over
existing rail lines), and, for Corridors with improvements to existing
intercity passenger rail services, a detailed description of the
improvements proposed to be developed under the Program); (2)
information necessary to assess the readiness of the Corridor to enter
into planning and development under the Program, including
demonstrating the existing level of commitment of the applicant; (3) a
description of any eligible activities (see section (C)) that have been
completed or are currently ongoing for the Corridor; (4) the intended
operator of the Corridor, if known; \12\ (5) the legal, technical, and
financial capability and capacity of the applicant and relevant
partners to engage in the planning and development of the Corridor, as
well as their ability to support and fund the Implementation and
operation of the Corridor; \13\ (6) information on the challenges the
Corridor aims to address; (7) the expected users and beneficiaries of
the Corridor, including all railroad operators; (8) the applicant's
interest in potential scaling of the Corridor
[[Page 77928]]
proposal and/or phasing of its Implementation; (9) for applicants
submitting applications for multiple Corridors, a listing of all
applications and the applicant's prioritization of the Corridors; and
(10) any other information the applicant deems necessary to justify the
Corridor. FRA may also consider relevant supporting documentation, such
as letters of support from partnering organizations, none of which will
count against the Corridor Narrative 15-page limit.
---------------------------------------------------------------------------
\12\ For example, Amtrak's role as operator is relevant to the
Corridor planning and development process (including the use and
improvement of facilities of host railroads, ongoing operating and
maintenance costs, and requirements regarding the provision of
operating financial support by service sponsors). In the May 13,
2022, notice that formally established the Program, FRA indicated
that applications must state whether the Corridor was intended to be
operated by Amtrak. 87 FR 29436. However, FRA has now determined
that this question may be addressed in Step 1 under the Program.
With that said, if the applicant has made a determination at the
time of application, it should include that information in the
application.
\13\ The ability to secure such future funding may be
demonstrated by the applicant's past or current funding of intercity
passenger rail capital improvements and operations.
---------------------------------------------------------------------------
vi. Corridor Location: Include geospatial data for the Corridor, as
well as a map of the Corridor's location. For applications relating to
Corridors for which the route and geographic alignment is not known,
the geospatial data and map may be limited in detail to depicting the
connections between the key geographic travel markets that must be
served for the Corridor to fulfill its intended objectives. 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 which the Corridor may traverse.
vii. Evaluation and Selection Criteria: Include a thorough
discussion of how the Corridor meets the evaluation and selection
criteria, as outlined in section (E) of this notice. FRA recognizes
that an applicant may not be able to provide detailed information in
connection with each of the statutory evaluation criteria (section
(E)(1)(b)(i)). Applicants are encouraged to provide as much detail
related to those criterion as is available, and applications will not
be penalized in the evaluation process where detailed information is
not available.
viii. DOT Strategic Goals: To the extent feasible, applicants
should describe, as applicable, efforts to consider climate change and
sustainability impacts, as well as efforts to improve equity and reduce
barriers to opportunity in Corridor planning. In addition, applicants
should describe how Corridor planning and development may advance good-
paying, quality jobs and workforce programs and hiring policies that
promote workforce inclusion. Additional information about strong labor
standards that grant award recipients will be expected to meet are
described below in Administrative and National Policy Requirements
(section (F)(2)).
b. Additional Application Elements
Applicants must submit:
i. SF 424--Application for Federal Assistance.
ii. SF 424A--Budget Information for Non-Construction.
iii. SF 424B--Assurances for Non-Construction.
iv. FRA F 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at <a href="https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters">https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters</a>.
v. 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>.
vi. SF LLL--Disclosure of Lobbying Activities, if applicable.
Standard OMB Forms needed for the electronic application process
are at <a href="http://www.Grants.gov">www.Grants.gov</a>.
3. Unique Entity Identifier and System for Award Management (SAM)
To apply for funding through <a href="http://Grants.gov">Grants.gov</a>, applicants must be
properly registered in SAM before submitting an application; provide a
valid unique entity identifier in its application; and continue to
maintain an active SAM registration as described in detail below.
Complete instructions on how to register and submit an application can
be found at <a href="http://www.Grants.gov">www.Grants.gov</a>. Registering with <a href="http://Grants.gov">Grants.gov</a> is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for
an application extension.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable SAM requirements. If an applicant has
not fully complied with these requirements by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
Federal award and use that determination as a basis for making a
Federal award to another applicant. Late applications that are the
result of a failure to register or comply with <a href="http://Grants.gov">Grants.gov</a> applicant
requirements in a timely manner will not be considered. If an applicant
has not fully complied with the requirements by the submission
deadline, the application will not be considered. To submit an
application through <a href="http://Grants.gov">Grants.gov</a>, applicants must:
a. Register With the SAM at <a href="http://www.SAM.gov">www.SAM.gov</a>.
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in <a href="http://Grants.gov">Grants.gov</a>. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and subrecipients.
Organizations that have previously submitted applications via
<a href="http://Grants.gov">Grants.gov</a> are already registered with SAM, as it is a requirement for
<a href="http://Grants.gov">Grants.gov</a> registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a recipient's immediate and
highest-level owner and subsidiaries, as well as on all predecessors
that have been awarded a Federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at www.sam.gov.
b. Obtain a Unique Entity Identifier.
On April 4, 2022, the federal government stopped using DUNS
numbers. The DUNS Number was replaced by a new, non-proprietary
identifier that is provided by the System for Award Management
(<a href="http://SAM.gov">SAM.gov</a>). This new identifier is called the Unique Entity Identifier
(UEI), or the Entity ID. To find or request a Unique Entity Identifier,
please visit www.sam.gov.
c. Create a <a href="http://Grants.gov">Grants.gov</a> username and password.
Applicants must complete an Authorized Organization Representative
(AOR) profile on <a href="http://www.Grants.gov">www.Grants.gov</a> and create a username and password.
Applicants must use the organization's UEI to complete this step.
Additional information about the registration process is available at:
<a href="https://www.grants.gov/web/grants/applicants/organization-registration.html">https://www.grants.gov/web/grants/applicants/organization-registration.html</a>.
d. Acquire Authorization for your AOR from the E-Business Point of
Contact (E-Biz POC).
The E-Biz POC at the applicant's organization must respond to the
registration email from <a href="http://Grants.gov">Grants.gov</a> and login at <a href="http://www.Grants.gov">www.Grants.gov</a> to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
[[Page 77929]]
e. Submit an Application Addressing All Requirements Outlined in
this NOFO.
If an applicant has trouble at any point during this process,
please call the <a href="http://Grants.gov">Grants.gov</a> Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: <a href="http://www.grants.gov/web/grants/applicants/apply-for-grants.html">http://www.grants.gov/web/grants/applicants/apply-for-grants.html</a>.
4. Submission Dates and Times
Applicants must submit complete applications to <a href="http://www.Grants.gov">www.Grants.gov</a> no
later than 5 p.m. ET, March 20, 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, the
following conditions are not valid reasons to permit late submissions:
(1) failure to complete the <a href="http://Grants.gov">Grants.gov</a> registration process before the
deadline; (2) failure to follow <a href="http://Grants.gov">Grants.gov</a> instructions on how to
register and apply as posted on its website; (3) failure to follow all
the instructions in this notice; 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 for Step 1 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, grantees must seek written approval from
FRA for pre-award Step 1 activities to be eligible for reimbursement
under the grant. Activities initiated prior to the execution of a grant
or without FRA's written approval may be ineligible for reimbursement
or matching contribution. Cost sharing or matching may be used only for
authorized Federal award purposes.
7. Other Submission Requirements
For any supporting application materials that an applicant cannot
submit via <a href="http://Grants.gov">Grants.gov</a>, such as oversized engineering drawings, an
applicant may submit an original and two (2) copies to Peter Schwartz,
Acting Director, Office of Railroad Planning and Engineering, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590. However, due to delays caused by enhanced screening of mail
delivered via the U.S. Postal Service, FRA advises applicants to use
other means of conveyance (such as courier service) to assure timely
receipt of materials before the application deadline. Additionally, if
documents can be obtained online, explaining to FRA how to access files
on a referenced website may also be sufficient.
Note: Please use generally accepted formats such as .pdf, .doc,
.docx, .xls, .xlsx and .ppt, when uploading attachments. While
applicants may embed picture files, such as .jpg, .gif, and .bmp in
document files, applicants should not submit attachments in these
formats. Additionally, the following formats will not be accepted:
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.
E. Application Review Information
1. Criteria
a. Eligibility, Completeness, and Applicant Risk Review
FRA will first screen each application for applicant and Corridor
eligibility (eligibility requirements are outlined in section (C) of
this notice), and completeness (application documentation and
submission requirements are outlined in section (D) of this notice).
FRA will then consider applicant risk, including the applicant's
past performance in developing and delivering similar projects.
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section.
i. Corridor Benefits:
FRA will evaluate the Corridor benefits of the proposed Corridor,
including: \14\
---------------------------------------------------------------------------
\14\ As discussed, FRA recognizes that detailed information
capable of demonstrating that a Corridor meets certain of these
evaluation criteria (e.g., sections (A)-(E)), may not have been
developed for the Corridor at the time of application (as much of
this information would be developed as part of the preparation of an
SDP). Applications will not be penalized in the evaluation process
if detailed information related to these criteria is not available
at the time of application.
---------------------------------------------------------------------------
A. The projected ridership, revenues, capital investment, and
operating funding requirements.
B. The anticipated environmental, congestion mitigation, and other
public benefits.
C. The projected trip times and their competitiveness with other
transportation modes.
D. The anticipated positive economic and employment impacts.
E. The benefits to rural communities.
F. Whether the Corridor serves historically unserved or underserved
and low-income communities or areas of persistent poverty.
G. Whether the Corridor would benefit or improve connectivity with
existing or planned transportation services of other modes.
H. Whether the Corridor connects at least 2 of the 100 most
populated metropolitan areas.
I. Whether the Corridor would enhance the regional equity and
geographic diversity of intercity passenger rail service.
J. Whether the Corridor is or would be integrated into the national
rail passenger transportation system and would create benefits for
other passenger rail routes and services.
ii. Technical Merit:
FRA will also evaluate application information for the following:
A. Whether the applicant is ready to commence activities under the
Program and to complete, at a minimum, Step 1 and Step 2.
B. Whether the technical qualifications and experience of key
personnel the applicant proposes to lead and perform the technical
efforts, including the qualifications of the primary and supporting
organizations, demonstrates the ability to fully, timely, and
successfully execute Step 1 and Step 2 activities for the Corridor.
C. The applicant's commitment to the Implementation and operation
of the Corridor (e.g., documented support for the Corridor from
relevant legislative and executive government bodies, an established
history of support for intercity passenger rail operations and capital
investments, etc.).
D. Whether the route was identified as part of a regional or
interregional planning study.
[[Page 77930]]
E. The committed or anticipated non-Federal funding for operating
and capital costs.\15\
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\15\ As noted, FRA recognizes that detailed information may not
have been developed for the Corridor at the time of application.
Applications will not be penalized in the evaluation process if
detailed information related to this criteria is not available at
the time of application.
---------------------------------------------------------------------------
F. Whether the Corridor is included in a State's approved State
rail plan.
G. Whether a passenger rail operator has expressed support for the
Corridor.
c. Selection Criteria
In addition to the eligibility and completeness review and the
evaluation criteria outlined above, FRA will apply the following
selection criteria:
i. DOT Strategic Goals
A. Safety.
FRA will assess the Corridor'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. To
the extent applicable, such considerations will include, but are not
limited to, the extent to which the Corridor improves safety at
highway-rail grade crossings, reduces incidences of rail-related
trespassing, upgrades infrastructure to achieve a higher level of
safety, and uses an appropriately trained workforce.
B. Economic Strength and Global Competitiveness.
1. Infrastructure Investment and Job Creation.
In support of 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), FRA will
assess to the extent applicable the Corridor'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 Corridor
results in long-term job creation by supporting good-paying
construction and manufacturing jobs directly related to the Corridor
with free and fair choice to join a union, such as through the use of
project labor agreements or union neutrality agreements, pre-
apprenticeships tied to Registered Apprenticeships, Registered
Apprenticeships, community-benefit agreements, and local hiring
provisions, or other targeted preferential hiring requirements, or
other similar standards or protections; invests in vital infrastructure
assets and provides opportunities for families to achieve economic
security through rail industry employment.
2. Support Resilient Supply Chains & Economic Opportunity.
To the extent applicable, Corridors will also be assessed by their
ability to promote the efficiency and resilience of supply chains by
increasing freight rail capacity, reducing congestion, alleviating
bottlenecks, and increasing multimodal connections. In addition,
applicants are encouraged to consider the ability of the Corridor to
provide greater access to economic opportunity to residents through
greater connections to jobs, commerce, and educational opportunities.
Applicants are also encouraged to consider the ability of the Corridor
to encourage transit-oriented development to the extent it is
applicable.
C. Equity.
In support of Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009), and Executive Order 14008, Tackling the Climate Crisis at
Home and Abroad (86 FR 7619), to the extent applicable FRA will assess
the Corridor'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 work activities under the
Program, the extent to which the Corridor improves or expands
transportation options for underserved communities, mitigates the
safety risks and detrimental quality of life effects that rail lines
can have on communities especially those communities that might have
been historically disconnected due to the railroad infrastructure, and
expands workforce development and career pathway opportunities to
foster a more diverse rail industry. This will also include community
engagement efforts already taken or planned, the extent to which
engagement efforts are designed to 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.
D. Climate and Sustainability.
In support of E.O. 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' to the extent applicable, to the extent applicable FRA will
assess the Corridor'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 Corridor reduces emissions, promotes energy
efficiency, increases resiliency, and recycles or redevelops existing
infrastructure.
E. Transformation.
FRA will assess the Corridor'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. As
applicable, such considerations will include, but are not limited to,
the extent to which the Corridor adds capacity to congested corridors,
improves supply chain resilience, and ensures assets will be improved
to a state of good repair.
ii. Previous Federal High-Speed Rail Corridor Designations
Beginning with the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991, and continuing through 2011, FRA
``designated'' a total of 11 high-speed rail corridors.\16\ FRA will
take these designations into consideration when evaluating applications
to participate in the Program.
---------------------------------------------------------------------------
\16\ These designated rail corridors are as follows: (1) a
Midwest corridor (linking Chicago, IL with Detroit, MI, St. Louis,
MO, and Milwaukee, WI; an extension from Milwaukee, WI to
Minneapolis/St. Paul, MN; an extension to Indianapolis, IN and
Cincinnati, OH; an extension from Chicago, IL to Toledo, OH and
Cleveland, OH; an extension from Indianapolis, IN to Louisville, KY;
an extension between Cleveland, OH, Columbus, OH, Dayton, OH, and
Cincinnati, OH; and an extension from St. Louis, MO to Kansas City,
MO); (2) a Florida corridor (linking Miami with Orlando and Tampa);
(3) a California corridor (linking San Diego, Los Angeles, the San
Francisco Bay, and Sacramento; and an extension to Las Vegas, NV);
(4) a Southeast corridor (connecting Charlotte, NC, Richmond, VA,
and Washington DC; an extension from Charlotte, NC to Greenville, SC
to Atlanta, GA to Macon, GA; an extension from Raleigh, SC to
Columbia, SC and to Savannah, GA and Jacksonville, FL; and an
extension from Macon, GA to Jesup, GA); (5) a Pacific Northwest
corridor (linking Eugene, OR and Portland, OR with Seattle, WA and
Vancouver, Canada); (6) a Gulf Coast corridor (including an
extension from Birmingham, AL to Atlanta, GA); (7) a Keystone
corridor (from Philadelphia to Harrisburg; and an extension from
Harrisburg to Pittsburgh); (8) an Empire State corridor (from New
York City to Albany and Buffalo); (9) a Northern New England
corridor (linking Boston, MA with Portland/Auburn, ME and Montreal,
Canada; and an extension from Boston, MA to Springfield, MA and
Albany, NY and from Springfield, MA to New Haven, CT); (10) a South
Central corridor (linking Dallas/Ft. Worth, TX with Austin, TX and
San Antonio, TX, Oklahoma City, OK and Tulsa, OK, and Texarkana, TX/
AR, and Little Rock, AR); and (11) a Northeast corridor (between
Washington, DC, Philadelphia, PA, New York, NY, and Boston, MA).
---------------------------------------------------------------------------
iii. Other Factors
While FRA intends the Corridor ID Program to support the
development of many, varied intercity passenger rail
[[Page 77931]]
corridors, FRA may limit its selection of Corridors, particularly at
the beginning of the Program, based on several considerations. Such
considerations may include the availability of Federal funding to
implement Corridors developed under the Corridor ID Program, the
capacity of the intercity passenger rail industry as a whole to support
the Corridor development efforts, and a strategy to grow the Program at
a sustainable rate.
FRA's selection of Corridors may also be influenced by the overall
level of risk, complexity, and level of effort associated with the
development of a Corridor. For example, FRA may limit the number of
selected Corridors that involve entirely new intercity passenger rail
services, due to the significant risks, complexity, and level of effort
involved in developing and implementing such proposals. Conversely, FRA
may be more expansive in selecting Corridors that involve incremental
improvements to existing services, as the development of such proposals
would likely involve relatively lower risk, complexity, and level of
effort.
2. Review and Selection Process
FRA will conduct a five-part application review and selection
process, as follows:
a. Screen applications for applicant eligibility, corridor
eligibility, completeness, and applicant risk including past
performance in developing and delivering similar projects;
b. Evaluate screened applications (completed by technical panels
applying the evaluation criteria);
c. If applicable, conduct discussions with applicants of screened
applications, including to address potential Corridor scaling; the
prioritization of Corridors for applicants with multiple applications;
and a Corridor's geographic overlap with another Corridor;
d. Review and apply selection criteria and recommend initial
selection of Corridors for the FRA Administrator's review (completed by
a non-career Senior Review Team, which includes senior leadership from
the Office of the Secretary and FRA); and
e. Select recommended corridors for the Secretary'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 making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.205.
F. Federal Award Administration Information
1. Federal Award Notice
FRA will announce applications selected for participation in the
Corridor ID Program 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 Step 1 activities. FRA
requires satisfaction of applicable requirements by the applicant and a
formal agreement signed by both the grantee and the FRA before
obligating the grant. See an example of standard terms and conditions
for FRA grant awards at <a href="https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions">https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions</a>. This template is subject to
revision.
2. Administrative and National Policy Requirements
In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees must comply
with all applicable requirements of Federal law, including, without
limitation: the Constitution of the United States; the relevant
authorization and appropriations, the conditions of performance,
nondiscrimination requirements, and other assurances made applicable to
the award of funds in accordance with regulations of DOT; and
applicable Federal financial assistance and contracting principles
promulgated by the Office of Management and Budget (OMB). In complying
with these requirements, grantees, in particular, must ensure that no
concession agreements are denied or other contracting decisions made on
the basis of speech or other activities protected by the First
Amendment. If FRA determines that a grant recipient has failed to
comply with applicable Federal requirements, FRA may terminate the
award of funds and disallow previously incurred costs, requiring the
recipient to reimburse any expended award funds. See an example of
standard terms and conditions for FRA grant awards at <a href="https://railroads.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.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D--Procurement Standards; 2 CFR 1207.317 and 2 CFR 200.401;
compliance with Federal civil rights laws and regulations;
disadvantaged business enterprises requirements; debarment and
suspension requirements; drug-free workplace requirements; FRA's and
OMB's Assurances and Certifications; Americans with Disabilities Act;
safety requirements; NEPA; environmental justice requirements; and 2
CFR 200.315, governing rights to intangible property. Unless otherwise
stated in statutory or legislative authority, or appropriations
language, all financial assistance awards follow the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
Selected Corridors must sufficiently consider climate change and
sustainability in their planning and development activities, as
determined by FRA, consistent with Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86 FR 7619). Activities that address
climate change include, but are not limited to, demonstrating: the
Corridor will result in significant greenhouse gas emissions
reductions; and the Corridor supports emissions reductions goals in a
Local/Regional/State plan. Activities that address EJ include but are
not limited to: basing Corridor and project design on the results of a
proven EJ screening tool (developed by another Federal agency such as
the EPA,\17\ a State agency, etc.); conducting enhanced, targeted
outreach to EJ communities; considering EJ in alternatives analysis
[[Page 77932]]
and final project design; and supporting a modal shift in passenger
movement to reduce emissions or reduce induced travel demand.
---------------------------------------------------------------------------
\17\ For more information regarding the EPA EJ screening tool
see <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a>.
---------------------------------------------------------------------------
Selected Corridors must sufficiently consider equity and barriers
to opportunity in their planning and development activities, as
determined by FRA, consistent with Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (86 FR 7009). Activities that address equity and
barriers to opportunity include, but are not limited to: completing an
equity impact analysis for the Corridor; adopting an equity and
inclusion program/plan; conducting meaningful public engagement to
ensure underserved communities are provided an opportunity to be
involved in the planning process and is conducted in a manner that is
consistent with title VI requirements; including investments that
either redress past barriers to opportunity or that proactively create
new connections and opportunities for underserved communities; hiring
from local communities; improving access to or providing economic
growth opportunities for underserved, overburdened, or rural
communities; or addressing historic or current inequitable air
pollution or other environmental burdens and impacts.
Each applicant selected to participate in the Corridor ID Program
must ensure that, to the extent applicable, the service development
planning activities and the Project Development activities under the
Program sufficiently consider job quality and labor rights, as
determined by the Department of Labor, 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 service development planning
activities and the Project Development activities must support: (a)
strong labor standards and the free and fair choice to join a
union,\18\ including project labor agreements, local hire
agreements,\19\ distribution of workplace rights notices, and the 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
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 these underrepresented groups, and
proactive plans to prevent harassment. In addition, to the extent
applicable, the grant conditions and other requirements 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 action taken in connection with a
project to be financed in whole or in part by grants subject to 49
U.S.C. 22905, will apply to Corridor ID Program projects at
Implementation.
---------------------------------------------------------------------------
\18\ Federal funds may not be used to support or oppose union
organizing, whether directly or as an offset for other funds.
\19\ IIJA div. B section 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.
The 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.
To the extent applicable, OFCCP will identify projects that receive an
award under this notice and are required to participate in OFCCP's Mega
Construction Project Program from a wide range of federally assisted
projects over which OFCCP has jurisdiction and that have a project cost
above $35 million. DOT will require project sponsors with costs above
$35 million that receive awards under this funding opportunity to
partner with OFCCP, if selected by OFCCP, as a condition of their DOT
award. Under that partnership, OFCCP will ask these project sponsors to
make clear to prime contractors in the pre-bid phase that project
sponsor's award terms will require their participation in the Mega
Construction Project Program. Additional information on how OFCCP makes
their selections for participation in the Mega Construction Project
Program is outlined under ``Scheduling'' on the Department of Labor
website: https://www.dol.gov/agencies/ofccp/faqs/construction-
compliance.''
Critical Infrastructure Security and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience. Each applicant
selected for funding under this notice should take efforts in the
Corridor's service development planning and Project Development to
consider and address, as applicable, relevant physical and cyber
security risks, consistent with the cybersecurity performance goals for
critical infrastructure and control systems directed by the National
Security Presidential Memorandum on Improving Cybersecurity for
Critical Infrastructure Control Systems, found at <a href="http://www.cisa.gov/cpgs">http://www.cisa.gov/cpgs</a>.
Domestic Preference Requirements
Assistance under this notice 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, sections 70901-52, to the extent applicable to
a Corridor's service development planning and Project Development
activities. 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,
[[Page 77933]]
and services offered in, the United States. FRA expects all applicants,
to the extent this requirement is applicable to a Corridor selected to
participate in the Corridor ID Program, to comply with that requirement
without needing a waiver. However, to obtain a waiver, a recipient must
be prepared to demonstrate how they will maximize the use of domestic
goods, products, and materials in constructing their project.
Civil Rights and Title VI
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 part 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 Corridor. The
Department's and FRA's Offices of Civil Rights may provide resources
and technical assistance to recipients to ensure full and sustainable
compliance with Federal civil rights requirements.
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 must be submitted electronically.
Pursuant to 2 CFR 170.210, non-Federal entities applying under this
notice 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 during that
period of time must maintain the currency of information reported SAM
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
analysis, performance, and evaluation. (2 CFR part 200).
d. Performance Reporting
Each applicant selected for funding must collect information and
report on performance using measures mutually agreed upon by FRA and
the grantee to assess progress in achieving strategic goals and
objectives.
G. Federal Awarding Agency Contacts
For further information related to this notice, please contact
Peter Schwartz, Acting Director, Office of Railroad Planning and
Engineering, Federal Railroad Administration, 1200 New Jersey Avenue
SE, by email: <a href="/cdn-cgi/l/email-protection#3b6b5a43695a52577f5e4d7b5f544f155c544d"><span class="__cf_email__" data-cfemail="085869705a6961644c6d7e486c677c266f677e">[email protected]</span></a> or by telephone: 202-493-6360.
H. Other Information
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR part 7 subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act and sets forth
rules for FRA to make requested materials, information, and records
publicly available under FOIA. Unless prohibited by law and to the
extent permitted under the FOIA, contents of application and proposals
submitted by successful applicants may be released in response to FOIA
requests.
Except for the information properly marked as described in section
(H), the Department may share application information within the
Department or with other Federal agencies if the Department determines
that sharing is relevant to the respective program's objectives.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-27559 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-06-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.