Notice2023-17834
Notice of Funding Opportunity for Special Transportation Circumstances Projects
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
August 18, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This notice details the application requirements and procedures for the states of Alaska, South Dakota, and Wyoming to obtain Special Transportation Circumstances (STC) directed grant funding for eligible rail Capital Projects. The funding has been made available for the program by the Consolidated Appropriations Act, 2017; Consolidated Appropriations Act, 2019; Further Consolidated Appropriations Act, 2020; Consolidated Appropriations Act, 2021; Consolidated Appropriations Act, 2022; Consolidated Appropriations Act, 2023; and the Infrastructure Investment and Jobs Act (2022 and 2023 supplemental Appropriations) (together, the Appropriations Acts). The opportunities described in this notice are available under Assistance Listing number 20.325, "Consolidated Rail Infrastructure and Safety Improvements." Alaska, South Dakota, and Wyoming must each submit applications for projects meeting the requirements of this notice to receive directed funding. Should FRA identify additional available funding after the release of this NOFO, FRA may elect to award such additional funding to a project submitted for funding under this NOFO, as permitted by law.
Full Text
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<title>Federal Register, Volume 88 Issue 159 (Friday, August 18, 2023)</title>
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[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56688-56698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17834]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for Special Transportation
Circumstances Projects
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO or notice).
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SUMMARY: This notice details the application requirements and
procedures for the states of Alaska, South Dakota, and Wyoming to
obtain Special Transportation Circumstances (STC) directed grant
funding for eligible rail Capital Projects. The funding has been made
available for the program by the Consolidated Appropriations Act, 2017;
Consolidated Appropriations Act, 2019; Further Consolidated
Appropriations Act, 2020; Consolidated Appropriations Act, 2021;
Consolidated Appropriations Act, 2022; Consolidated Appropriations Act,
2023; and the Infrastructure Investment and Jobs Act (2022 and 2023
supplemental Appropriations) (together, the Appropriations Acts). The
opportunities described in this notice are available under Assistance
Listing number 20.325, ``Consolidated Rail Infrastructure and Safety
Improvements.'' Alaska, South Dakota, and Wyoming must each submit
applications for projects meeting the requirements of this notice to
receive directed funding. Should FRA identify additional available
funding after the release of this NOFO, FRA may elect to award such
additional funding to a project submitted for funding under this NOFO,
as permitted by law.
DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. ET, on Friday, September 29, 2023. Applications
for funding, or supplemental material in support of applications,
received after that date, will not be considered for funding.
Incomplete applications for funding will not be considered for funding.
See Section D of this notice for additional information on the
application process.
ADDRESSES: Applications must be submitted via <a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a>.
Only applicants who comply with all submission requirements described
in this notice and submit applications through <a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a>
will be eligible for award. For any supporting application materials
that an applicant is unable to submit via <a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a> (such
as oversized engineering drawings), an applicant may submit an original
and two (2) copies to Mr. Leonardo Maldonado, Office of Railroad
Development, 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, applicants are
advised to use other means of conveyance (such as courier service) to
assure timely receipt of materials before the application deadline.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this Notice, please contact the FRA NOFO Support program staff via
email at <a href="/cdn-cgi/l/email-protection#692f3b284427262f26443a1c1919061b1d290d061d470e061f"><span class="__cf_email__" data-cfemail="115743503c5f5e575e3c426461617e636551757e653f767e67">[email protected]</span></a> or Ryan Arbuckle at 202-617-0212.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials. The
definitions of key terms used throughout the NOFO are listed under the
Program Description in Section A(2). These key terms are capitalized
throughout the NOFO. There are several administrative and eligibility
requirements described herein with which applicants must comply.
Additionally, applicants should note that the required Project
Narrative component of the application package may not exceed 25 pages
in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
1. Purpose
The purpose of this notice is to solicit applications from the
states of Alaska, Wyoming, and South Dakota for grants funded under the
Appropriations Acts \1\
[[Page 56689]]
to assist in funding rail Capital Projects under the STC program
authorized in 49 U.S.C. 22907(l).
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\1\ Consolidated Appropriations Act, 2017, Public Law 115-31,
Div. K, Tit I, (2017 Appropriation); Consolidated Appropriations
Act, 2019, Public Law 116-6, Div. G, Tit. I (2019 Appropriation);
Further Consolidated Appropriations Act, 2020, Public Law 116-94,
Div. H, Tit. I (2020 Appropriation); Consolidated Appropriations
Act, 2021, Public Law Div. 116-260, Div. L, Tit. I (2021
Appropriation); Consolidated Appropriations Act, 2022, Public Law
117-103 Div. L, Tit. I, (2022 regular Appropriation); Consolidated
Appropriations Act, 2023, Public Law 117-328 Div. L, Tit. I, (2023
regular Appropriation); and the Infrastructure Investment and Jobs
Act, Public Law 117-58, Div. J, Tit. VIII (2022 and 2023
supplemental Appropriations) (together, the Appropriations Acts).
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2. Key Terms
a. ``Capital Project'' means a project for: acquiring,
constructing, improving, or inspecting rail equipment, track and track
structures, or a rail facility; expenses incidental to the acquisition
or construction including pre-construction activities (such as
designing, engineering, location surveying, mapping, acquiring rights-
of-way) and related relocation costs, environmental studies and all
work necessary for FRA to approve the project under the National
Environmental Policy Act (NEPA) and related environmental laws and
regulations; highway-rail grade crossing improvements; \2\
communication and signalization improvements; and rehabilitating,
remanufacturing or overhauling rail rolling stock and facilities.\3\
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\2\ For South Dakota and Wyoming projects, this includes highway
construction over rail facilities as an alternative to construction
or improvement of a highway-rail grade crossing.
\3\ For any project that includes purchasing intercity passenger
rail equipment, applicants are encouraged to use a standardized
approach to the procurement of passenger rail equipment, such as the
specifications developed by the Next Generation Corridor Equipment
Pool Committee or a similarly uniform process.
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b. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except commuter rail passenger transportation. See 49
U.S.C. 22901(3). In this notice, ``Intercity Passenger Rail Service''
and ``Intercity Passenger Rail Transportation'' are equivalent terms to
``Intercity Rail Passenger Transportation.''
c. ``Public Benefits'' is defined in 49 U.S.C. 22701(2) to mean a
benefit accrued to the public, including Amtrak, in the form of
enhanced mobility of people or goods, environmental protection or
enhancement, congestion mitigation, enhanced trade and economic
development, improved air quality or land use, more efficient energy
use, enhanced public safety or security, and reduction of public
expenditures due to improved transportation efficiency or
infrastructure preservation.
d. ``Railroad Route Miles'' mean miles of railroad operated. A mile
of single track is counted the same as a mile of double track. Sidings,
turnouts, yard switching mileage, and mileage not operated are
excluded. Year-to-year changes in miles operated are due to both
changes in track mileage and changes in the number of railroads with
rights for the same track.
e. ``Rural Area'' is defined in 49 U.S.C. 22907(g)(2) to mean any
area not in an urbanized area, as defined by the Census Bureau. The
Census Bureau defines Urbanized Area as an area with a population of
50,000 or more people.\4\ Updated lists of UAs as defined by the Census
Bureau are available on the Census Bureau website at <a href="http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/">http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/</a>.
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\4\ See 74 FR 53030, 53043 (August 24, 2011) available at
<a href="https://www2.census.gov/geo/pdfs/reference/fedreg/fedregv76n164.pdf">https://www2.census.gov/geo/pdfs/reference/fedreg/fedregv76n164.pdf</a>.
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3. Overview
The STC authorization directs the Secretary of Transportation to
allocate to certain states an appropriate portion of the amounts
available to programs in Chapter 229 of Title 49 of the United States
Code (Chapter 229) for grants. See 49 U.S.C. 22907(l). The
Appropriations Acts provided funding under the Consolidated Rail
Infrastructure and Safety Improvements (CRISI) program, Restoration and
Enhancement (R&E) Grants program, Railroad Crossing Elimination (RCE)
program, and Interstate Rail Compacts (IRC) Grant program in Chapter
229. As such, this notice is for the appropriate portion (as is further
discussed below) of the amounts made available for those four grant
programs. Separate notices of funding opportunities for competitive
grants solicit applications for the non-STC CRISI, R&E, RCE, and IRC
Grant funds made available by the Appropriations Acts.
STC funding is available to provide grants to either: (1) States in
which there is no Intercity Passenger Rail service, for the purpose of
funding freight rail Capital Projects on a state rail plan developed
under Chapter 227 of Title 49 of the United States Code (Chapter 227)
that provide Public Benefits; or (2) States in which the rail
transportation system is not physically connected to rail systems in
the continental United States or may not otherwise qualify for a grant
under 49 U.S.C. 22907 due to the unique characteristics of the
geography of that state or other relevant considerations,\5\ for the
purpose of funding freight or passenger rail Capital Projects. There
are currently four states that either do not have Intercity Passenger
Rail service or are not physically connected to rail systems in the
U.S.--Alaska, Hawaii, South Dakota, and Wyoming. However, as explained
below, only three of these states (Alaska, South Dakota, and Wyoming)
are allocated funds under 49 U.S.C. 22907(l).
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\5\ FRA has determined that there are no states that would ``not
otherwise qualify for a grant under this section due to the unique
characteristics of the geography of that State or other relevant
considerations.'' 49 U.S.C. 22907(l)(1)(B).
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The amount of STC directed funding for the states is established by
the definition of ``appropriate portion'' in 49 U.S.C. 22907(l)(2).
That section defines appropriate portion to mean a share, for each
state, not less than the share of the total Railroad Route Miles in the
state out of the total Railroad Route Miles in the U.S., excluding from
all totals the route miles exclusively used for tourist, scenic, and
excursion railroad operations.
The calculations for each state's available funding amounts follow.
In the U.S., there are 136,776 Railroad Route Miles.\6\ Alaska has 506
Railroad Route Miles or 0.37 percent of the nation's total, South
Dakota has 1,822 Railroad Route Miles or 1.33 percent of the nation's
total, Wyoming has 1,877 Railroad Route Miles or 1.37 percent of the
nation's total, and Hawaii has zero Railroad Route Miles or zero
percent of the nation's total.
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\6\ Association of American Railroads: <a href="https://www.aar.org/wp-content/uploads/2021/02/AAR-State-Rankings-2019.pdf">https://www.aar.org/wp-content/uploads/2021/02/AAR-State-Rankings-2019.pdf</a>.
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The amounts available for Alaska, South Dakota and Wyoming are as
follows:
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2017 2018 2019 2020 2021 2022 2023
Appropriation Appropriation Appropriation Appropriation Appropriation Appropriation Appropriation Total
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Alaska.......................................................... $111,604 $0 $14,470 $359,550 $0 $7,537,418 $7,631,524 $15,654,566
South Dakota.................................................... 0 0 0 0 4,361,213 27,093,962 27,432,234 58,887,409
Wyoming......................................................... 0 0 0 3,188,056 5,126,220 27,908,818 28,257,264 64,480,358
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Total....................................................... 111,604 0 14,470 3,547,606 9,487,433 62,540,198 63,321,022 139,022,333
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[[Page 56690]]
Projects funded through the STC will be implemented, as appropriate
and consistent with law, in alignment with the Departmental priorities
presented in Section E below.
B. Federal Award Information
1. Available Award Amount
This NOFO makes available $139,022,333 in directed funding for
eligible Capital Projects, as follows: $15,654,566 for Alaska,
$58,887,409 for South Dakota, and $64,480,358 for Wyoming.
2. Award Size
FRA encourages applicants to propose projects or components of
projects that can be completed and implemented with the level of
funding available. Projects may require more funding than is available.
In these cases, applicants must identify and apply for specific project
components that have operational independence and can be completed with
the available funding. (See Section C(3)(b) for more information). The
expected period of performance for the projects is within five years
from the award date.
3. Award Type
FRA may make awards for projects selected under this notice through
grant agreements and/or cooperative agreements. Grant agreements are
used when FRA does not expect to have substantial Federal involvement
in carrying out the funded activity. Cooperative agreements allow for
substantial Federal involvement in carrying out the agreed upon
investment, including technical assistance, review of interim work
products, and increased program oversight under 2 CFR 200.1 The term
``grant'' is used throughout this document and is intended to reference
funding awarded through a grant agreement, as well as funding awarded
through a cooperative agreement. The funding provided under this NOFO
will be made available to grantees on a reimbursable basis. Applicants
must certify that their expenditures are allowable, allocable,
reasonable, and necessary to the approved project before seeking
reimbursement from FRA. Additionally, the grantee is expected to expend
matching funds at the required percentage concurrent with Federal funds
throughout the life of the project. See an example of standard terms
and conditions for FRA grant awards at: <a href="https://railroads.dot.gov/elibrary/notice-grant-award-example">https://railroads.dot.gov/elibrary/notice-grant-award-example</a>. This template is subject to
revision.
4. Concurrent Applications
DOT and its 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 STC funding under this NOFO, applicants must indicate the other
programs to which they submitted or plan to submit an application for
funding an entire project or certain project components, as well as
highlight new or revised information in the application responsive to
this NOFO that differs from the application(s) submitted for other
Federal financial assistance programs.
C. Eligibility Information
This section of the notice explains the requirements for submitting
an eligible grant application. Applications that do not meet the
requirements in this section will be ineligible for funding.
Instructions for submitting eligibility information to FRA are detailed
in Section D of this NOFO.
1. Eligible Applicants
The states of Alaska, South Dakota, and Wyoming are the only
applicants allocated portions of the available funding for the directed
grants under 49 U.S.C. 22907(l). See Section C(3)(a) for project
eligibility. The state or state Department of Transportation in these
states must submit applications on behalf of their states.
2. Cost Sharing or Matching
The Federal share of total costs for an STC project(s) must not
exceed 80 percent of the total cost of a project. The estimated total
project costs must be based on the best available information,
including engineering studies, studies of economic feasibility,
environmental analyses, and information on the expected use of
equipment and/or facilities. Additionally, in preparing estimates of
total project costs, applicants should refer to FRA's cost estimate
guidance, ``Capital Cost Estimating: Guidance for Project Sponsors,''
which is available at: <a href="https://www.fra.dot.gov/Page/P0926">https://www.fra.dot.gov/Page/P0926</a>.
The minimum 20 percent non-Federal share may be comprised of
eligible public sector (i.e., state or local) or private sector
funding. FRA will not consider any Federal financial assistance, or any
non-Federal funds already expended (or otherwise encumbered) toward the
matching requirement, unless compliant with 2 CFR part 200. In-kind
contributions, including the donation of services, materials, and
equipment, may be credited as a project cost, in a uniform manner
consistent with 2 CFR 200.306.
Before applying, FRA recommends that applicants carefully review
the principles for cost sharing or matching in 2 CFR 200.306. FRA will
approve pre-award costs consistent with 2 CFR 200.458, as applicable.
See Section D(6). Cost sharing or matching may be used only for
authorized Federal award purposes.
3. Other
a. Project Eligibility
Projects eligible for funding improve the safety, efficiency, and/
or reliability of rail transportation systems. For South Dakota and
Wyoming, the projects eligible for the directed funding under this NOFO
must be freight rail Capital Projects in those states that are on a
state rail plan developed under Chapter 227 that provide Public
Benefits.
For Alaska, a project eligible for directed funding under this NOFO
must be a freight or passenger rail-related Capital Project in that
state. Applicants are not limited in the number of projects for which
they seek funding.
b. Project Component Operational Independence
If an applicant requests funding for a project that is a component
or set of components of a larger project, the project component(s) must
be attainable with the award amount together with other funds as
necessary, obtain operational independence, and must comply with all
eligibility requirements described in Section C.
In addition, the component(s) must be capable of independent
analysis and decision making, as determined by FRA, under NEPA (i.e.,
have independent utility, connect logical termini, if applicable, and
not restrict the consideration of alternatives for other reasonably
foreseeable rail projects.).
D. Application and Submission Information
Required documents for the application are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application. See Section D(2) for the application
checklist.
FRA welcomes the submission of additional relevant supporting
documentation, such as planning, engineering and design documentation,
and letters of support from partnering organizations that will not
count against the Project Narrative 25-page limit. Consistent with the
R.O.U.T.E.S.
[[Page 56691]]
Initiative, the DOT encourages applicants to consider how the project
will address the challenges faced by rural areas, generally.
1. Address To Request Application Package
Applicants must submit all application materials, in their
entirety, through <a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a> no later than 5:00 p.m. ET, on
Friday, September 29, 2023. 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 the FRA NOFO
Support program staff via email at <a href="/cdn-cgi/l/email-protection#cc8a9e8de182838a83e19fb9bcbca3beb88ca8a3b8e2aba3ba"><span class="__cf_email__" data-cfemail="591f0b187417161f16740a2c2929362b2d193d362d773e362f">[email protected]</span></a>.
For any supporting application materials that an applicant cannot
submit via <a href="http://GrantSolutions.gov">GrantSolutions.gov</a>, such as oversized engineering drawings,
an applicant may submit an original and two (2) copies to Mr. Leonardo
Maldonado, Office of Railroad Development, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. 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, providing instructions to FRA on how to access files on a
referenced website may also be sufficient.
2. Content and Form of Application Submission
FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Additionally,
applicants must comply with the requirements in 49 U.S.C. 22905
explained in part at <a href="https://www.fra.dot.gov/page/P0185">https://www.fra.dot.gov/page/P0185</a>.
Required documents for an application package are outlined in the
checklist below.
<bullet> Project Narrative (see Section D.2.a).
<bullet> Statement of Work (see Section D.2.b.i).
<bullet> SF424--Application for Federal Assistance.
<bullet> Either: SF 424A--Budget Information for Non-Construction
or SF 424C--Budget Information for Construction.
<bullet> Either: SF 424B--Assurances for Non-Construction or SF
424D--Assurances for Construction.
<bullet> FRA's Additional Assurances and Certifications.
<bullet> SF LLL--Disclosure of Lobbying Activities.
Additional details about the application content requirements are
described in the following sections.
a. Project Narrative
This section describes the minimum content required in the Project
Narrative of the grant application. The Project Narrative must follow
the basic outline below to address the program requirements and assist
evaluators in locating relevant information.
I. Cover Page.......................... See D.2.a.i.
II. Project Funding.................... See D.2.a.ii.
III. Project Eligibility............... See D.2.a.iii.
IV. Project Description................ See D.2.a.iv.
V. Project Location.................... See D.2.a.v.
VI. Evaluation and Selection Criteria.. See D.2.a.vi.
VII. Project Implementation and See D.2.a.vii.
Management.
VIII. Environmental Readiness.......... See D.2.a.viii.
The Project Narrative may not exceed 25 pages in length (excluding
cover pages, table of contents, and supporting documentation). If
possible, applicants should submit supporting documents via website
links rather than hard copies. If supporting documents are submitted,
applicants must clearly identify the relevant portion of the supporting
document with the page numbers of the cited information in the Project
Narrative. The Project Narrative must adhere to the following outline.
i. Cover Page: Include a cover page that lists the following
elements in either a table or formatted list:
------------------------------------------------------------------------
------------------------------------------------------------------------
Project Title..............................
------------------------------------------------------------------------
Applicant name.............................
------------------------------------------------------------------------
Total project cost.........................
------------------------------------------------------------------------
Amount of Federal funding requested under
this NOFO.
------------------------------------------------------------------------
Proposed non-Federal match.................
------------------------------------------------------------------------
City(ies), State(s) where the project is
located.
------------------------------------------------------------------------
Congressional district(s) where the project
is located.
------------------------------------------------------------------------
ii. Project Funding: Indicate in table format the amount of Federal
funding, the proposed non-Federal match, identifying contributions from
the private sector if applicable, and total project cost. Describe the
non-Federal funding arrangement, including multiple sources of non-
Federal funding if applicable. Include funding commitment letters
outlining funding agreements as attachments or in an appendix. If all
or a majority of a project is located in a Rural Area, identify the
Rural Area(s) and estimated percentage of total project costs that will
be spent in the Rural Area(s). Identify any previously incurred costs,
as well as other sources of Federal funds committed to the project and
any pending Federal requests. If Federal funding is proposed as match,
demonstrate the applicant's determination of eligibility for such use
and the legal basis for that determination. Also, note if the requested
Federal funding under STC or other programs must be obligated or spent
by a certain date due to dependencies or relationships with other
Federal or non-Federal funding sources, related projects, law, or other
factors. If applicable, provide the type and estimated value of any
proposed contributions, and substantiate how the contributions meet the
requirements in 2 CFR 200.306.
Example Project Funding Table:
[[Page 56692]]
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Task name/project Percentage of total
Task # component Cost cost
----------------------------------------------------------------------------------------------------------------
1....................................
----------------------------------------------------------------------------------------------------------------
2....................................
----------------------------------------------------------------------------------------------------------------
Total Project Cost
----------------------------------------------------------------------------------------------------------------
Federal Funds Received from Previous Grant
----------------------------------------------------------------------------------------------------------------
STC Federal Funding Request
----------------------------------------------------------------------------------------------------------------
Non-Federal Funding/Match Cash:
In-Kind:...............
----------------------------------------------------------------------------------------------------------------
Portion of Total Project Costs Spent in a Rural Area
----------------------------------------------------------------------------------------------------------------
Pending Federal Funding Requests
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iii. Project Eligibility: Identify which project eligibility
category the project is eligible under in Section C(3) of this notice,
and explain how the project meets the project eligibility criteria.
iv. Project Description: Include a detailed project description.
This detailed description should provide, at a minimum, background on
the challenges the project aims to address; the expected users and
beneficiaries of the project, including all railroad operators; the
specific components and elements of the project; and any other
information the applicant deems necessary to justify the proposed
project.
An applicant should specify whether it is seeking funding for a
project that has already received Federal financial assistance, and if
applicable, explain how the new scope proposed to be funded under this
NOFO relates to the previous scope. For all projects, applicants must
provide information about proposed performance measures, as discussed
in Section F(3)(c) and required in 2 CFR 200.301 and 49 U.S.C 22907(f).
For any project that includes grade crossing components, cite
specific National Grade Crossing Inventory information, including the
railroad that owns the infrastructure (or the crossing owner, if
different from the railroad), the primary railroad operator, the DOT
crossing inventory number, and the roadway at the crossing. Applicants
can search for data to meet this requirement at the following link:
<a href="http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx">http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx</a>.
For South Dakota and Wyoming, include a description of the Public
Benefits that will result from the proposed project and a website link
to the state rail plan and page number where the project is discussed
in the document. If a project is not contained in the state rail plan,
applicants may amend the relevant state rail plan(s) to contain the
project. Amending a state rail plan requires a letter to FRA from an
authorized representative of the relevant state rail transportation
authority adding the proposed project to the plan and stating that the
letter serves as an addendum to the current plan. Such a letter should
include the project name, a brief description, and estimated project
cost and Federal and non-Federal share by funding source. FRA
encourages state rail transportation authorities to make any such
addendum letters publicly available with their state rail plans. FRA
recommends such letters be submitted as part of an applicant's
application. Whether submitted as part of application package or
separately to FRA, FRA must receive the letter by the application due
date of this notice.
Consistent with the Department's R.O.U.T.E.S. Initiative (<a href="https://www.transportation.gov/rural">https://www.transportation.gov/rural</a>), the Department encourages applicants to
describe how activities proposed in their application would address the
unique challenges facing rural transportation networks, regardless of
the geographic location of those activities.
v. Project Location: Include geospatial data for the project, as
well as a map of the project's location. On the map, include the
Congressional districts and Rural Area boundaries, if applicable, in
which the project will take place.
vi. Evaluation and Selection Criteria: Include a thorough
discussion of how the proposed project meets all of the evaluation and
selection criteria, as outlined in Section E of this notice.
vii. Project Implementation and Management: Describe proposed
project implementation and project management arrangements. Include
descriptions of the expected arrangements for project contracting,
contract oversight, change-order management, risk management, and
conformance to Federal requirements for project progress reporting (see
<a href="https://www.fra.dot.gov/Page/P0274">https://www.fra.dot.gov/Page/P0274</a>). Describe past experience in
managing and overseeing similar projects.
viii. Environmental Readiness: If the NEPA process is complete,
indicate the date of completion, and provide a website link or other
reference to the final Categorical Exclusion, Finding of No Significant
Impact, Record of Decision, and any other NEPA documents prepared. If
the NEPA process has not begun or is underway but not complete, the
application should detail the type of NEPA review contemplated, where
the project is in the process, and indicate the anticipated date of
completion of all milestones and of the final NEPA determination. If
the last agency action with respect to NEPA documents occurred more
than three years before the application date, the applicant should
describe why the project has been delayed and include a proposed
approach for verifying and, if necessary, updating this material in
accordance with applicable NEPA requirements. Additional information
regarding FRA's environmental processes and requirements are located at
<a href="https://www.fra.dot.gov/environment">https://www.fra.dot.gov/environment</a>.
b. Additional Application Elements
Applicants must submit:
i. A Statement of Work (SOW) addressing the scope, schedule, and
budget for the proposed project. The SOW must contain sufficient detail
so FRA and the applicant can understand the expected outcomes of the
proposed work to be performed and can monitor progress toward
completing project tasks and deliverables during a prospective grant's
period of performance. Applicants must use FRA's standard SOW,
schedule, and budget templates to be considered for an award. The
templates are located at <a href="https://www.fra.dot.gov/Page/P0325">https://www.fra.dot.gov/Page/P0325</a>.
[[Page 56693]]
When preparing the budget, the total cost of a project must be based on
the best available information as indicated in cited references.
ii. Environmental compliance documentation, as applicable, if a
website link is not cited in the Project Narrative.
iii. SF 424--Application for Federal Assistance.
iv. SF 424A--Budget Information for Non-Construction or SF 424C
Budget Information for Construction.
v. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
vi. FRA F30--Certification Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at <a href="https://railroads.dot.gov/elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters">https://railroads.dot.gov/elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters</a>.
vii. FRA F 251--Applicant Financial Capability Questionnaire,
located at <a href="https://railroads.dot.gov/elibrary/fra-f-251-applicant-financial-capability-questionnaire">https://railroads.dot.gov/elibrary/fra-f-251-applicant-financial-capability-questionnaire</a>.
viii. An SF LLL--Disclosure of Lobbying Activities.
ix. A statement that the lead applicant has a system for procuring
property and services under a Federal award under this NOFO that
supports the provisions in 2 CFR 200 subpart D-Procurement Standards at
2 CFR 200.317-326 and 2 CFR 1201.317.
Forms needed for the electronic application process are at
<a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a>.
c. Post-Selection Requirements
See Section F(2) of this notice for post-selection requirements.
3. Unique Entity Identifier, System for Award Management (SAM), and
Submission Instructions
To apply for funding through <a href="http://GrantSolutions.gov">GrantSolutions.gov</a>, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration, all as described in detail below.
If you are a first-time user of GrantSolutions, a user account will be
created and emailed to you at the time of the posting of your
announcement. You will be able to log in using this account and submit
your completed application.
If you are an existing grantee, please log in to GrantSolutions
using your existing user account. If you do not remember your account
information or have not been assigned a grantee account, please contact
the GrantSolutions Help Desk at 1-800-618-0223 or by email at
<a href="/cdn-cgi/l/email-protection#f9919c9589b99e8b98978d8a96958c8d9096978ad79e968f"><span class="__cf_email__" data-cfemail="026a676e72426570636c76716d6e77766b6d6c712c656d74">[email protected]</span></a> to obtain your username and password.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable Unique Entity Identifier (UEI) and SAM
requirements. If an applicant has not fully complied with the
requirements by the time the FRA makes a grant award, FRA 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. (Please note that if a UEI number must be obtained or
renewed, this may take a significant amount of time to complete.)
To submit applications through GrantSolutions, 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 GrantSolutions. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and sub-recipients.
Organizations that have previously submitted applications via
GrantSolutions are already registered with SAM, as it is a requirement
for GrantSolutions registration. Please note, however, that applicants
must update or renew their SAM registration at least once per year to
maintain an active status. Delayed registration is not an acceptable
reason for late submission. 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. Information about SAM registration procedures is
available at www.sam.gov.
b. Obtain a Unique Entity Identifier.
On April 4, 2022, the federal government discontinued using DUNS
numbers.
The DUNS Number was replaced by a new, non-proprietary identifier
that is provided by the System for Award Management (<a href="http://SAM.gov">SAM.gov</a>). This new
identifier is called the UEI, or the Entity ID. To find or request a
Unique Entity Identifier, please visit www.sam.gov.
c. Search for the Funding Opportunities on <a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a>.
The Assistance Listing number for this opportunity is 20.325,
``Consolidated Rail Infrastructure and Safety Improvements.''
Applicants must submit their application package under this funding
opportunity announcement.
d. Submit an Application Addressing All Requirements Outlined in
this NOFO.
After applying through GrantSolutions, a confirmation screen will
appear on the applicant's computer screen. This screen will confirm
that the applicant has applied and provide an application number.
If an applicant experiences difficulties at any point during this
process, please call the GrantSolutions Help Desk at 1.866.577.0771 or
202.401.5282, Monday-Friday from 9:00 a.m. to 6:00 p.m., ET.
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.
4. Submission Dates and Times
Applicants must submit complete applications to
<a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a> no later than 5:00 p.m. ET, on Friday, September
29, 2023. FRA reviews <a href="http://www.GrantSolutions.gov">www.GrantSolutions.gov</a> information on dates/times
of applications submitted to determine timeliness of submissions. Late
applications will be neither reviewed nor considered.
The following conditions are not valid reasons to permit late
submissions: (1) failure to complete the GrantSolutions registration
process before the deadline; (2) failure to follow GrantSolutions
instructions on how to register and apply as posted on its website; (3)
failure to follow all the instructions in this NOFO; and (4) technical
issues experienced with the applicant's computer or information
technology environment.
5. Intergovernmental Review
Executive Order 12372 requires applicants from state and local
units of government or other organizations providing services within a
state to submit a copy of the application to the State Single Point of
Contact (SPOC), if one exists, and if this program has been selected
for review by the state. Applicants must contact their SPOC to
determine if the program has been selected for state review.
6. Funding Restrictions
FRA is prohibited in 49 U.S.C. 22905(f) from providing STC grants
for
[[Page 56694]]
Commuter Rail Passenger Transportation (as defined in 49 U.S.C
24102(3)).\7\ FRA's interpretation of this restriction is informed by
the language in 49 U.S.C. 22907. FRA's primary intent in funding
passenger rail projects will be to make reasonable investments in
intercity passenger rail transportation. Such projects may be located
on shared corridors where Commuter Rail Passenger Transportation also
benefits from the project.
---------------------------------------------------------------------------
\7\ Under 49 U.S.C. 22907(i) and (k), STC grants are subject to
certain of the requirements in chapter 229 including 49 U.S.C.
22905.
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Consistent with 2 CFR 200.458 as applicable, FRA will only approve
pre-award costs if such costs are incurred pursuant to the negotiation
and in anticipation of the grant agreement and if such costs are
necessary for efficient and timely performance of the scope of work.
Under 2 CFR 200.458, grantees must seek written approval from FRA for
pre-award activities to be eligible for reimbursement under the grant.
Activities initiated prior to the execution of a grant or without FRA's
written approval may not be eligible for reimbursement or included as a
grantee's matching contribution. Cost sharing or matching may be used
only for authorized Federal award purposes.
7. Other Submission Requirements
If an applicant experiences difficulty at any point during this
process, please call the GrantSolutions Help Desk at 1.866.577.0771 or
202.401.5282, Monday-Friday from 9:00 a.m. to 6:00 p.m., ET. For
information and instructions on each of these processes, FRA will email
GrantSolutions Funding Opportunity Instructions to each applicant when
the notice is announced. See section D.1 for where supporting
application materials must be submitted if sent by postal mail,
electronic means or hand delivery.
E. Application Review Information
1. Criteria
a. Eligibility, Completeness and Applicant Risk Review
FRA will first screen applications for eligibility (eligibility
requirements are outlined in Section C of this notice), completeness
(application documentation and submission requirements are outlined in
Section D of this notice), applicant risk and the matching requirement
for a 20 percent minimum match.
b. Evaluation Criteria
FRA subject-matter experts will evaluate all eligible and complete
applications using the evaluation criteria outlined in this section to
determine technical merit and project benefits.
i. The application is thorough and responsive to all requirements
outlined in this notice.
ii. The proposed schedule and tasks are appropriate to achieve the
expected outcomes and anticipated benefits of the proposed project.
iii. The proposed costs, budget, and level of effort are realistic
and sufficient to accomplish the tasks documented in the SOW.
c. Selection Criteria
In addition to the eligibility and completeness review and the
evaluation criteria outlined in this subsection, the FRA will
prioritize projects that use data-driven and evidence-based methods to
apply the following DOT Strategic Goals:
i. Safety. The Department is committed to advancing safe, efficient
transportation, including in the STC Program. FRA will assess the
project's ability to foster a safe transportation system for the
movement of goods and people, consistent with the Department's
strategic goal to reduce transportation-related fatalities and serious
injuries across the transportation system. Such considerations will
include, but are not limited to, the extent to which the project
improves safety at highway-rail grade crossings, reduces incidences of
rail-related trespassing, upgrades infrastructure to achieve a higher
level of safety, and uses an appropriately trained workforce.
ii. Climate and Sustainability. FRA seeks to fund projects under
the STC Program that reduce greenhouse gas emissions in the
transportation sector, incorporate evidence-based climate resilience
measures and features, reduce the lifecycle greenhouse gas emissions
from the project materials, and avoid adverse environmental impacts to
air or water quality, wetlands, and endangered species, and address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities, consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).\8\
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\8\ See U.S. Department of Transportation Strategic Framework FY
2022-2026 (Dec. 2021) at <a href="https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>
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iii. Equity. FRA seeks to award projects under the STC Program that
will create proportional impacts to all populations in a project area,
remove transportation related disparities to all populations in a
project area, and increase equitable access to project benefits,
consistent with Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009). FRA will assess the project's ability to address equity and
barriers to opportunity, to the extent possible within the program and
consistent with law. Such considerations will include, but are not
limited to, the applicant's plan for using small businesses to complete
its project, the extent to which the project improves or expands
transportation options, the extent to which the project improve or
expands access to jobs and services and mitigates the safety risks and
detrimental quality of life effects that rail lines can have on
communities. This will also include community engagement efforts
already taken or planned, the extent to which engagement efforts are
designed to 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.
iv. Economic Strength and Global Competitiveness. FRA intends to
use the STC 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, in project planning stages, 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). Such considerations will
include, but are not limited to, the extent to which the project
results in high-quality job creation by supporting good-paying jobs
with a free and fair choice to join a union, and in on-going operations
and maintenance, and incorporates strong labor standards, such as
through the use of project labor agreements or union neutrality
agreements; includes comprehensive planning and policies to promote
hiring of underrepresented populations including local and economic
hiring preferences and investments in high-quality workforce
development programs with supportive services, including labor-
management programs, to help train, place, and retain people in good-
paying jobs or registered apprenticeship, and invests in vital
infrastructure assets. FRA also intends to use the STC program to
[[Page 56695]]
support wealth creation, consistent with the Department's Equity Action
Plan through the inclusion of Local inclusive economic development and
entrepreneurship such as the utilization of Disadvantaged Business
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a)
firms.
v. Transformation. FRA will assess the project's ability to expand
and improve the nation's rail network, which needs to balance new
infrastructure for increased capacity with proper maintenance of aging
assets. Such considerations will include, but are not limited to, the
extent to which the project adds capacity to congested corridors,
builds new connections or attracts new users to passenger rail, and
ensures assets will be improved to a state of good repair.
Consistent with the Department's R.O.U.T.E.S. Initiative (<a href="https://www.transportation.gov/rural">https://www.transportation.gov/rural</a>), the Department recognizes that rural
transportation networks face unique challenges. To the extent that
those challenges are reflected in the merit criteria listed in this
section, the Department will consider how the activities proposed in
the application will address those challenges, regardless of the
geographic location of those activities.
2. Review and Selection Process
FRA will conduct a three-part application review process, as
follows:
a. Screen applications for completeness, eligibility, and applicant
risk;
b. Evaluate eligible applications (completed by subject matter
experts applying the evaluation criteria); and
c. Select projects for funding (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 (see 2 CFR 200.1
Simplified Acquisition Threshold), FRA will review and consider any
information about the applicant that is in the designated integrity and
performance system accessible through SAM (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)). See 41
U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information in the designated integrity and performance system,
in making a judgment about the applicant's integrity, business ethics,
and record of performance under Federal awards when completing the
review of risk posed by applicants as described in 2 CFR 200.206
F. Federal Award Administration Information
1. Federal Award Notice
Applications selected for funding will be announced after the
application review period. FRA will contact applicants with successful
applications after announcement with information and instructions about
the award process. This notification is not an authorization to begin
proposed project activities. FRA requires satisfaction of applicable
requirements by the applicant and a formal grant agreement signed by
both the grantee and the FRA, including an approved scope, schedule,
and budget, before obligating the grant.
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 conditions of
performance, nondiscrimination requirements, and other assurances made
applicable to the award of funds in accordance with regulations of the
Department of Transportation; and applicable Federal financial
assistance and contracting principles promulgated by the Office of
Management and Budget. 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 the Department
determines that a grantee has failed to comply with applicable Federal
requirements, the Department may terminate the award of funds and
disallow previously incurred costs, requiring the grantee to reimburse
any expended award funds.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D--Procurement Standards, 2 CFR 1207.317 and 2 CFR 200.401;
compliance with Federal civil rights laws and regulations; requirements
for disadvantaged business enterprises, debarment and suspension
requirements, and drug-free workplace requirements; FRA's and OMB's
Assurances and Certifications; Americans with Disabilities Act; safety
requirements; NEPA; environmental justice requirements; performance
measures under 49 U.S.C. 22907(f); grant conditions under 49 U.S.C.
22905, and the provision deeming operators rail carriers for certain
purposes and grantee agreements with railroad right-of-way owners for
projects using railroad right-of way. Unless otherwise stated in
statutory or legislative authority, or appropriations language, all
financial assistance awards follow the Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards
at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject to the grant conditions in 49
U.S.C. 22905, including protective arrangements that are equivalent to
the protective arrangements established under section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836) with respect to employees affected by actions taken in connection
with the project to be financed in whole or in part by grants subject
to 49 U.S.C. 22905, the provision deeming operators rail carriers and
employers for certain purposes, and grantee agreements with railroad
right-of-way owners for projects using railroad rights-of-way.\9\
---------------------------------------------------------------------------
\9\ FRA has posted Final guidance to grantees on implementing
protective arrangements at <a href="https://railroads.dot.gov/elibrary/equivalent-labor-protections">https://railroads.dot.gov/elibrary/equivalent-labor-protections</a> to assist grantees implementing the
protective arrangements; and answers to frequently asked questions
intended to assist grantees subject to the requirements of 49 U.S.C.
22905(c)(1) at <a href="https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1">https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1</a>.
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Assistance under this NOFO is subject to the Buy America
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America
Act, Public Law 117-58, sections 70901-52.
In addition, as expressed in Executive Order 14005, Ensuring the
Future Is Made in All of America by All of America's Workers (86 FR
7475), it is the policy of the executive branch to maximize, consistent
with law, the use of goods, products, and materials produced in, and
services offered in, the United States. FRA expects all applicants to
comply with that requirement without needing a waiver. However, to
obtain a waiver, a recipient must be prepared to demonstrate how they
will maximize the use of domestic
[[Page 56696]]
goods, products, and materials in constructing their project.
Grantees must comply with applicable appropriations act
requirements and all relevant requirements of 2 CFR part 200. Rights to
intangible property under grants awarded under this NOFO are governed
in accordance with 2 CFR 200.315.
See an example of standard terms and conditions for FRA grant
awards at <a href="https://www.fra.dot.gov/eLib/Details/L19057">https://www.fra.dot.gov/eLib/Details/L19057</a>. This template is
subject to revision.
The STC NOFO will be implemented, as appropriate and consistent
with law, in alignment with the priorities in Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act (86 FR
64355), which are to invest 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.
a. Climate Change, Sustainability, and Environmental Justice (EJ).
Projects that have not sufficiently considered climate change and
sustainability in their planning, as determined by FRA, will be
required to do so before receiving funds for construction, consistent
with Executive Order 14008, Tackling the Climate Crisis at Home and
Abroad (86 FR 7619). In the grant agreement, recipients will be
expected to describe activities they have taken, or will take, prior to
obligation of construction funds that addresses climate change and EJ.
Activities that address climate change include, but are not limited to,
demonstrating: the project will result in significant greenhouse gas
emissions reductions; the project supports emissions reductions goals
in a Local/Regional/State plan; and the project primarily focuses on
funding for state of good repair and clean transportation options,
including public transportation, walking, biking, and micro-mobility.
Activities that address EJ include but are not limited to: basing
project design on the results of a proven EJ screening tool (developed
by another Federal agency such as the EPA, a State agency, etc.);
conducting enhanced, targeted outreach to EJ communities; considering
EJ in alternatives analysis and final project design; and supporting a
modal shift in freight or passenger movement to reduce emissions or
reduce induced travel demand.
b. Racial Equity and Barriers to Opportunity. Projects must
consider and address equity and barriers to opportunity in their
planning, as determined by FRA, and as a condition of receiving
construction funds, consistent with Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (86 FR 7009). The grant agreement should include the
grantee's description of activities they have taken, or will take,
prior to obligation of construction funds that addresses equity and
barriers to opportunity. These activities may include, but are not
limited to: completing an equity impact analysis for the project;
adopting an equity and inclusion program/plan; conducting meaningful
public engagement to ensure underserved communities are provided an
opportunity to be involved in the planning process; including
investments that either redress past barriers to opportunity or that
proactively create new connections and opportunities for underserved
communities; hiring from local communities; improving access to or
providing economic growth opportunities for underserved, overburdened,
or rural communities; or addressing historic or current inequitable air
pollution or other environmental burdens and impacts.
c. Employment Opportunities. In addition to prioritizing projects
that address climate change, proactively address racial equity, and
reduce barriers to opportunity, FRA intends to use the STC NOFO to
support the creation of good-paying jobs with the free and fair choice
to join a union and the incorporation of strong labor standards and
training and placement programs, especially registered apprenticeships,
and local hire agreements, in project planning and development. To the
extent that applicants have not sufficiently considered job quality and
labor rights in their planning, as determined by the Department of
Labor, the applicants will be required to do so before receiving funds
for construction, consistent with Executive Order 14025, Worker
Organizing and Empowerment (86 FR 22829), and Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act (86 FR
64335). Specifically, the project planning activities and project
delivery actions must support: (a) strong labor standards and the free
and fair choice to join a union,\10\ including project labor
agreements, local hire agreements,\11\ distribution of workplace rights
notices, and use of an appropriately trained workforce; (b) support of
high-quality workforce development programs, including registered
apprenticeship, labor-management training programs, and supportive
services to help train, place, and retain people in good-paying jobs
and 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.
---------------------------------------------------------------------------
\10\ Federal funds may not be used to support or oppose union
organizing, whether directly or as an offset for other funds.
\11\ 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 percent 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. Recipients of Federal transportation funding will be required to
comply fully with Title VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR 21), the ADA, Section 504 of the
Rehabilitation Act of 1973, and all other civil rights requirements.
The Department's and FRA's Office of Civil Rights may provide resources
and technical assistance to recipients to ensure full and sustainable
compliance with Federal civil rights requirements. 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
[[Page 56697]]
subcontractors extensive compliance assistance, conducts compliance
evaluations, and helps to build partnerships between the project
sponsor, prime contractor, subcontractors, and relevant stakeholders.
OFCCP will identify projects that receive an award under this notice
and are required to participate in OFCCP's Mega Construction Project
Program from a wide range of federally assisted projects over which
OFCCP has jurisdiction and that have a project cost above $35 million.
DOT will require project sponsors with costs above $35 million that
receive awards under this funding opportunity to partner with OFCCP, if
selected by OFCCP, as a condition of their DOT award. Under that
partnership, OFCCP will ask these project sponsors to make clear to
prime contractors in the pre-bid phase that project sponsor's award
terms will require their participation in the Mega Construction Project
Program. Additional information on how OFCCP makes their selections for
participation in the Mega Construction Project Program is outlined
under ``Scheduling'' on the Department of Labor website: <a href="https://www.dol.gov/agencies/ofccp/faqs/construction-compliance">https://www.dol.gov/agencies/ofccp/faqs/construction-compliance</a>.
d. Critical Infrastructure Security and Resilience. It is the
policy of the United States to strengthen the security and resilience
of its critical infrastructure against both physical and cyber threats.
Each applicant selected for Federal funding under this Notice must
demonstrate, prior to signing of the grant agreement, efforts to
consider and address physical and cyber security risks relevant to the
transportation mode and type and scale of the project. Projects that
have not appropriately considered and addressed physical and cyber
security and resilience in their planning, design, and project
oversight, as determined by the DOT and the Department of Homeland
Security, will be required to do so before receiving funds for
construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Memorandum on Improving Cybersecurity for
Critical Infrastructure Control Systems. Information on cybersecurity
performance goals can be found at <a href="https://www.cisa.gov/cpg">https://www.cisa.gov/cpg</a>.
e. Domestic Preference Requirements. Assistance under this NOFO is
subject to the Buy America requirements in 49 U.S.C. 22905(a) and the
Build America, Buy America Act, Public Law 117-58, 70901-52. In
addition, as expressed in Executive Order 14005, Ensuring the Future Is
Made in All of America by All of America's Workers (86 FR 7475), it is
the policy of the executive branch to maximize, consistent with law,
the use of goods, products, and materials produced in, and services
offered in, the United States. FRA expects all applicants to comply
with that requirement without needing a waiver. However, to obtain a
waiver, a recipient must be prepared to demonstrate how they will
maximize the use of domestic goods, products, and materials in
constructing their project. If an applicant anticipates it may need a
waiver, the applicant should indicate the need in its application and
submit materials necessary for such requests together with its
application.
f. 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 21), the ADA, and section
504 of the Rehabilitation Act, and accompanying regulations. This may
include, as applicable, providing a Title VI plan, community
participation plan, and other information about the communities that
will be benefited and impacted by the project. The DOT's and FRA's
Office of Civil Rights may provide resources and technical assistance
to recipients to ensure full and sustainable compliance with Federal
civil rights requirements.
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly Federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring and
close out requirements. Reports may be submitted electronically.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350.
If the Federal share of any Federal award under this NOFO may
include more than $500,000 over the period of performance, applicants
are informed of the post award reporting requirements reflected in 2
CFR part 200, appendix XII2 CFR part 200, Appendix XII--Award Term and
Condition for Recipient Integrity and Performance Matters.
c. Performance Reporting
Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives. Examples of rail performance measures are listed in the
below table. The applicable measure(s) will depend upon the type of
project. Applicants requesting funding for the acquisition of rolling
stock must integrate at least one equipment/rolling stock performance
measure, consistent with the grantee's application materials and
program goals.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary strategic Secondary strategic
Rail measures Unit measured Temporal goal goal Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow order miles.................. Miles................. Annual............... State of Good Repair Safety.............. The number of miles per
year within the project
area that have temporary
speed restrictions
(``slow orders'')
imposed due to track
condition. This is an
indicator of the overall
condition of track. This
measure can be used for
projects to rehabilitate
sections of a rail line
since the rehabilitation
should eliminate, or at
least reduce the slow
orders upon project
completion.
[[Page 56698]]
Gross Ton......................... Gross Tons............ Annual............... Economic State of Good Repair The annual gross tonnage
Competitiveness. of freight shipped in
the project area. Gross
tons include freight
cargo minus tare weight
of the rail cars. This
measures the volume of
freight a railroad ships
in a year. This measure
can be useful for
projects that are
anticipated to increase
freight shipments.
Rail Track Grade Separation....... Count................. Annual............... Economic Safety.............. The number of annual
Competitiveness. automobile crossings
that are eliminated at
an at-grade crossing as
a result of a new grade
separation.
Passenger Counts.................. Count................. Annual............... Economic State of Good Repair Count of the annual
Competitiveness. passenger boardings and
alightings at stations
within the project area.
Travel Time....................... Time/Trip............. Annual............... Economic Quality of Life..... Point-to-point travel
Competitiveness. times between pre-
determined station stops
within the project area.
This measure
demonstrates how track
improvements and other
upgrades improve
operations on a rail
line. It also helps make
sure the railroad is
maintaining the line
after project
completion.
Track weight capacity............. Yes/No................ One Time............. State of Good Repair Economic If a project is upgrading
Competitiveness. a line to accommodate
heavier rail cars
(typically an increase
from 263,000 lb. rail
cars to 286,000 lb. rail
cars).
Track Miles....................... Miles................. One Time............. State of Good Repair Economic The number of track miles
Competitiveness. that exist within the
project area. This
measure can be
beneficial for projects
building sidings or
sections of additional
main line track on a
railroad.
--------------------------------------------------------------------------------------------------------------------------------------------------------
G. Federal Awarding Agency Contacts
For further information concerning this Notice, please contact the
FRA NOFO Support program staff via email at <a href="/cdn-cgi/l/email-protection#24627665096a6b626b09775154544b565064404b500a434b52"><span class="__cf_email__" data-cfemail="024450432f4c4d444d2f517772726d707642666d762c656d74">[email protected]</span></a>.
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 must do
the following: (1) Note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR part 7 subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act which sets forth
rules for FRA to make requested materials, information and, records
publicly available under FOIA. Unless prohibited by law, application
contents may be released in response to FOIA or Congressional requests.
In addition, following the completion of the selection process and
announcement of awards, FRA may publish a list of all applications
received along with the names of the applicant organizations and
funding amounts requested. Except for information withheld under the
previous paragraph, FRA may also make application narratives publicly
available or share application information within DOT or with other
Federal agencies if FRA determines that sharing is relevant to the
respective program's objectives.
Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2023-17834 Filed 8-17-23; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on August 18, 2023.
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.