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Notice2024-10656

Notice of Funding Opportunity for Projects Located on the Northeast Corridor for the Fiscal Year 2024 Federal-State Partnership for Intercity Passenger Rail Program

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Published

May 15, 2024

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

This notice details the application requirements and procedures to obtain grant funding for projects located on the Northeast Corridor (NEC) under the Federal-State Partnership for Intercity Passenger Rail Program (FSP Program) for Fiscal Year (FY) 2024. This notice solicits applications for FSP Program funds made available by the Consolidated Appropriations Act, 2024, and Division J of the Infrastructure Investment and Jobs Act (IIJA). 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 89 Issue 95 (Wednesday, May 15, 2024)</title>
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[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42573-42595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10656]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for Projects Located on the
Northeast Corridor for the Fiscal Year 2024 Federal-State Partnership
for Intercity Passenger Rail Program

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

ACTION: Notice of funding opportunity (NOFO or notice).

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SUMMARY: This notice details the application requirements and
procedures to obtain grant funding for projects located on the
Northeast Corridor (NEC) under the Federal-State Partnership for
Intercity Passenger Rail Program (FSP Program) for Fiscal Year (FY)
2024. This notice solicits applications for FSP Program funds made
available by the Consolidated Appropriations Act, 2024, and Division J
of the Infrastructure Investment and Jobs Act (IIJA). The opportunity
described in this notice is made available under Assistance Listings
Number 20.326, ``Federal-State Partnership for Intercity Passenger
Rail.''

DATES: Applications for funding under this solicitation are due no
later than 11:59 p.m. Eastern Time, July 15, 2024. Applications that
are incomplete or received after 11:59 p.m. Eastern Time, on July 15,
2024 will not be considered for funding. See Section D of this notice
for additional information on the application process.

ADDRESSES: Applications must be submitted via <a href="http://www.Grants.gov">www.Grants.gov</a>. Only
applicants who comply with all submission requirements described in
this notice and submit applications through <a href="http://www.Grants.gov">www.Grants.gov</a> will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via <a href="http://www.Grants.gov">www.Grants.gov</a> (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Mr. Bryan Rodda, Office of Amtrak and Northeast Corridor
Program Delivery, 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 ensure 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#75332734583b3a333a58260005051a070135111a015b121a03">[email&#160;protected]</a>. If additional assistance is needed,
you may contact Mr. Bryan Rodda in FRA's Office of Amtrak and Northeast
Corridor Program Delivery by email at <a href="/cdn-cgi/l/email-protection#0f4d7d766e61215d606b6b6e4f6b607b21686079">[email&#160;protected]</a> or telephone:
202-557-0206; or Mr. Sergio Coronado in FRA's Office of Rail Program
Development by email at <a href="/cdn-cgi/l/email-protection#f1a2948396989edfb29e839e9f90959eb1959e85df969e87">[email&#160;protected]</a> or telephone: 617-571-
1213.

SUPPLEMENTARY INFORMATION: Notice to applicants: FRA recommends that
applicants read this notice in its entirety prior to preparing
application materials. Definitions of key terms used throughout the
NOFO are provided in Section A(2) below. These key terms are
capitalized throughout the NOFO. There are several administrative and
specific eligibility requirements described herein with which
applicants must comply. Additionally, applicants should note that the
required project narrative component of the application package may not
exceed 25 pages in length.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

Summary Overview of Key Information: Federal-State Partnership for
Intercity Passenger Rail Program for Projects Located on the Northeast
Corridor (FSP-NEC)
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Issuing Agency............... Federal Railroad Administration, U.S.
Department of Transportation.
Program Overview............. The purpose of the FSP Program is to
reduce the State of Good Repair backlog,
improve performance, or expand or
establish new intercity passenger rail
service. Program funding and selections
are provided separately for projects
located on and off the NEC. This notice
solicits applications for projects
located on the NEC.

[[Page 42574]]

Eligible Applicants.......... 1. A State (including the District of
Columbia);
2. A group of States;
3. An Interstate Compact;
4. A public agency or publicly chartered
authority established by one or more
States;
5. A political subdivision of a State;
6. Amtrak, acting on its own behalf or
under a cooperative agreement with one
or more States;
7. A Federally recognized Indian Tribe;
and
8. Any combination of the entities
described in (1) through (7).
Eligible Project Types....... 1. A project to replace, rehabilitate, or
repair infrastructure, equipment, or a
facility used for providing intercity
passenger rail service to bring such
assets into a State of Good Repair;
2. A project to improve intercity
passenger rail service performance,
including reduced trip times, increased
train frequencies, higher operating
speeds, improved reliability, expanded
capacity, reduced congestion,
electrification, and other improvements,
as determined by the Secretary;
3. A project to expand or establish new
intercity passenger rail service;
4. A group of related projects described
in paragraphs (1) through (3); and
5. The planning, environmental studies,
and final design for a project or group
of projects described in paragraphs (1)
through (4).
Funding...................... The total funding available for awards
under this NOFO is $2,034,420,932.
Deadline..................... Applications Due: July 15, 2024 at 11:59
p.m., Eastern Time.
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A. Program Description

1. Overview

Our Nation's rail network is a critical component of the U.S.
transportation system and economy. The FSP Program provides a Federal
funding opportunity to improve American passenger rail assets by
funding projects that reduce the State of Good Repair backlog, improve
performance, or expand or establish new intercity passenger rail
service, including privately operated intercity passenger rail service
if an eligible applicant is involved. The FSP Program is authorized in
Sections 22106 and 22307 of the IIJA, codified at 49 U.S.C. 24911, and
this NOFO is funded by 2024 IIJA advance appropriations as provided in
Title VIII of Division J of IIJA (Advance Appropriations), and the
Consolidated Appropriations Act, 2024, Division F, Title I, Public Law
118-42 (2024 Appropriation).
The IIJA provided distinct FSP Program selection criteria for
projects located on the NEC and for projects not located on the NEC.
For projects located on the NEC, the law requires FRA to make
selections for FSP Program funds consistent with the Northeast Corridor
Project Inventory (NEC Project Inventory). FRA published the most
recent NEC Project Inventory on April 15, 2024 (2024 Inventory). The
2024 Inventory can be found at <a href="https://railroads.dot.gov/elibrary/nec-inventory">https://railroads.dot.gov/elibrary/nec-inventory</a>. This notice solicits applications for the Major Backlog,
Capital Renewal, Improvement, and Stations projects and Planning
Studies identified on the 2024 Inventory; it describes available FSP
Program funding, application submission requirements, and the selection
and evaluation criteria. For projects located off the NEC, FRA will
publish a separate notice, and those projects are not eligible for
funding under this announcement. Under this notice, FRA will make
selections consistent with the 2024 Inventory as further described
herein and only projects on the 2024 Inventory for which an application
is submitted under this NOFO will be considered for award.
Consistent with the 2024 Inventory, FRA's first priority will be
selecting Major Backlog Projects regardless of their Lifecycle Stage
within the two-year Inventory Period. FRA's second priority will be
selecting projects in or beginning the Construction Lifecycle Stage
within the Inventory Period that will reduce the NEC's State of Good
Repair backlog and demonstrate the likelihood of significant Intercity
Passenger Rail outcomes. FRA's third priority will be selecting
projects in or beginning Planning, Project Development, or Final Design
for projects within the Inventory Period that will reduce the NEC's
State of Good Repair backlog and demonstrate the likelihood of
significant Intercity Passenger Rail outcomes.
For applicants' reference, FRA's Guidance on Development and
Implementation of Railroad Capital Projects (88 FR 2163 (Jan. 12,
2023)) (FRA's Capital Projects Guidance) is now available which assists
Project Sponsors in developing effective and complete Capital Projects
by defining the Project Development process and describing
implementation tools, processes, and documentation that may be required
for a grant. FRA's Capital Projects Guidance can be found here: <a href="https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project">https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project</a>.
In December 2023, FRA updated its standard grant agreement terms
and conditions. The new FRA grant agreement consists of three parts:
Attachment 1: Standard Terms and Conditions, Attachment 2: Project-
Specific Terms and Conditions, and Terms and Conditions Exhibits. The
updated agreement templates are available at: <a href="https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements">https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements</a>.
These templates are subject to revision.
The Department seeks to fund projects that advance the
Administration priorities of safety, equity, climate and
sustainability, workforce development, job quality, and wealth creation
as described in the U.S. DOT Strategic Plan, (<a href="https://www.transportation.gov/dot-strategic-plan">https://www.transportation.gov/dot-strategic-plan</a>) and in executive orders,
which are described in Section E.\1\
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\1\ Additional information about the USDOT Strategic Plan,
Research, Development and Technology Strategic Plan can be found
here: <a href="https://www.transportation.gov/dot-strategic-plan">https://www.transportation.gov/dot-strategic-plan</a>.
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2. Definitions of Key Terms

Terms defined in this section are capitalized throughout this
notice.
a. ``Capital Cost Estimate'' has the meaning provided in the NEC
Project Inventory.\2\
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\2\ Capital Cost Estimates, as identified in the 2024 Inventory
tables, are presented in year of expenditure dollars. While similar
to ``Capital Cost Estimate'' as defined in FRA's Capital Projects
Guidance, Capital Cost Estimates in the 2024 Inventory may include
Planning Lifecycle Stage costs, if provided by the Project Sponsor,
consistent with the Northeast Corridor Commission's process used to
prepare the NEC Planning Documents.
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b. ``Capital Project'' means a project for acquiring, constructing,
improving, or inspecting rail equipment, track and track structures, or
a rail facility, including expenses incidental to the

[[Page 42575]]

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); highway-rail grade crossing
improvements; communication and signalization improvements; and
rehabilitating, remanufacturing, or overhauling rail rolling stock and
rail facilities.\3\
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\3\ FRA will consider right-of-way acquisition only for
applications seeking eligible Construction funding.
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c. ``Capital Renewal'' means to repair, replace, or modernize basic
infrastructure assets along a corridor section that is executed in
accordance with a defined scope, schedule, and budget. Basic
infrastructure assets include rails, ties, ballast, communication
systems, signaling systems, electric traction power systems, and
undergrade bridges.
d. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple rides, and commuter tickets, and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3);
the term does not include rapid transit operations in an urban area
that are not connected to the general railroad system of
transportation.
e. ``Construction'' means the Lifecycle Stage of a Capital Project
during which the Capital Project is completely built, installed, and
placed into use. Construction activities include, but are not limited
to, physical construction and installation of the Capital Project,
including testing of equipment, workforce training, and start-up
testing. Construction activities occur after a project has completed
Final Design.
f. ``Cost Share Agreement'' means an agreement between the Project
Sponsor and its partner(s) that identifies, for a Shared Benefit
Project, the intercity passenger rail share, the commuter rail
share(s), and the local share of the eligible project before the
commencement of the project. Such agreements must be prepared
consistent with the project-based cost sharing requirements of the
Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy,
as amended, and approved by the NEC Commission; for a Sole Benefit
Project, the local or non-Federal share of the eligible project before
commencement of the project.\4\
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\4\ The Northeast Corridor Commuter and Intercity Rail Cost
Allocation is available at: <a href="https://nec-commission.com/app/uploads/2018/04/2023-06-21_Cost-Allocation-Policy_v12.00_For-Publication.pdf">https://nec-commission.com/app/uploads/2018/04/2023-06-21_Cost-Allocation-Policy_v12.00_For-Publication.pdf</a>.
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g. ``Final Design'' or ``FD'' means the Lifecycle Stage of a
Capital Project during which the Capital Project design is advanced to
be ready for Construction. This is when final engineering plans and
specifications necessary for construction of the project are produced.
Final Design activities occur after a Capital Project has completed
Project Development, and before a Capital Project can advance to
Construction. Final Design is described in FRA's Capital Projects
Guidance.
h. ``Funding Need'' has the meaning provided in the 2024 Inventory.
i. ``Highly Rated'' means a rating provided for purposes of 49
U.S.C. 24911(g)(2) to those Major Capital Projects identified as Major
Backlog on the most recently published iteration of the NEC Project
Inventory and all other Major Capital Projects with applications
evaluated under this NOFO that receive an overall rating of Recommended
or Highly Recommended.
j. ``Improvement'' means repair or enhancement to existing rail
infrastructure, equipment, or facility, or Construction of new rail
infrastructure, equipment, or facilities, that results in efficiency of
the rail system and the safety of those affected by the system.
k. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except Commuter Rail Passenger Transportation. See 49
U.S.C. 24911(a)(3). In this notice, ``Intercity Passenger Rail
Service'' and ``Intercity Passenger Rail Transportation'' are
equivalent terms to ``Intercity Rail Passenger Transportation.''
l. ``Inventory Period'' means, for the purposes of the 2024
Inventory, January 1, 2024, through December 31, 2025.
m. ``Lifecycle Stage'' means each of the consecutive stages of a
Capital Project as it is developed and implemented that include Systems
Planning, Project Planning, Project Development, Final Design,
Construction, and Operation.
n. ``Major Backlog Project'' is a project identified by the NEC
Commission as necessary to achieve a State of Good Repair, but that is
not undertaken on a routine basis, including rehabilitation or
replacement of major bridges and tunnels.
o. ``Major Capital Project'' means a Capital Project with a Capital
Cost Estimate equal to or greater than $500 million and with at least
$100 million in Federal assistance under the FSP Program.
p. ``National Environmental Policy Act'' or ``NEPA'' (42 U.S.C.
4321 et seq.) is a Federal law that requires Federal agencies to
analyze and document the environmental impacts of a proposed action in
consultation with appropriate Federal, Tribal, State, and local
authorities, and with the public. Environmental review under NEPA
consists of an Environmental Impact Statement (EIS), Environmental
Assessment (EA) or Categorical Exclusion (CE). The NEPA class of action
depends on the potential environmental impacts of the proposed action.
For purposes of this NOFO, NEPA also includes all related Federal laws
and regulations including the Clean Air Act, Section 4(f) of the
Department of Transportation Act, Section 7 of the Endangered Species
Act, and Section 106 of the National Historic Preservation Act.
Additional information regarding FRA's environmental processes and
requirements is located at <a href="https://railroads.dot.gov/rail-network-development/environment/environment">https://railroads.dot.gov/rail-network-development/environment/environment</a>.
q. ``Northeast Corridor'' (``NEC'') means the main rail line
between Boston, Massachusetts, and the District of Columbia; the branch
rail lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York; and facilities and
services used to operate and maintain these lines, consistent with 49
U.S.C. 24911(a)(3).
r. ``NEC Planning Documents'' means the Northeast Corridor
Commission's CONNECT NEC 2037 and the FY 2024-2028 Northeast Corridor
Capital Improvement Plan.
s. ``Planning Studies'' are those projects which include only
planning activities such as railroad transportation market forecasting,
operations analysis, fleet planning, cost analysis, station and
facility planning, environmental resource consideration, and other
similar activities. Planning Studies are planning activities without
association to a specific Capital Project in their current form.
t. ``Preliminary Engineering (PE)'' means engineering design to
define a Capital Project, including identification of all environmental
impacts and design of all critical project elements at a level
sufficient to ensure reliable cost estimates and schedules. The PE
development process starts with specific project design alternatives
that allow for the assessment of a range of rail improvements, specific
alignments, and project designs. PE is considered part of the Project
Development Lifecycle Stage, as described in FRA's Capital Projects
Guidance.
u. ``Project Development'' means the Lifecycle Stage of a Capital
Project

[[Page 42576]]

during which the Project Sponsor conducts design, environmental, and
other studies to ensure the Capital Project is ready for
implementation. Project Development activities occur after a Project
Sponsor has completed Project Planning, and before a Capital Project
can advance to Final Design. Project Development is further described
in FRA's Capital Projects Guidance.
v. ``Project Management Plan'' means, under this NOFO, a document
as provided in FRA's Capital Projects Guidance that describes how the
Capital Project will be implemented, monitored, and controlled to help
the Project Sponsor effectively, efficiently, and safely deliver the
project on-time, within-budget, and at the highest appropriate quality.
w. ``Project Planning'' is the first Lifecycle Stage of a Capital
Project during which the Project Sponsor identifies Capital Project
concepts to adequately address transportation needs and opportunities
identifies and compares costs, benefits, and impacts of project
options; identifies the impacted environmental resources and engages
with interested parties, agencies, and infrastructure owners. Project
Planning activities are completed before a Capital Project advances to
Project Development. Project Planning is further described in FRA's
Capital Projects Guidance.
x. ``Project Sponsor'' means the entity responsible for
implementing a project that may also be an applicant seeking or grantee
receiving Federal financial assistance.
y. ``Risk Assessment'' means for a Major Capital Project, an
unbiased, risk-based, probabilistic analysis that verifies the accuracy
and reasonableness of the current cost estimate and schedule and
results in a probability range that represents the project's cost while
accounting for the range of potential costs associated with project
uncertainties.
z. ``State of Good Repair'' means a condition in which physical
assets, both individually and as a system, are (A) performing at a
level at least equal to that called for in their as-built or as-
modified design specification during any period when the life cycle
cost of maintaining the assets is lower than the cost of replacing
them; and (B) sustained through regular maintenance and replacement
programs, consistent with 49 U.S.C. 24102(12).
aa. ``Total Project Cost'' means the sum of FSP funding, other
Federal funding, and the non-Federal funding required to complete the
Lifecycle Stage(s) of the project for which funding is requested in
this application. In general, FRA expects the Total Project Cost to be
consistent with the Funding Need for the project, as shown on the 2024
Inventory, except for those projects partially funded under previous
FSP NOFOs and those projects receiving funding toward the Total Project
Cost in the time period between the 2023 submission of project
information by Project Sponsors to the NEC Commission to update the NEC
Planning Documents and selections made under this NOFO.5 6
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\5\ The Total Project Cost for projects that received partial
funding in a previous FSP-NEC NOFO should reflect the same Total
Project Cost provided in the application submitted under the
previous NOFO. In the event that such a project is selected, FRA
intends to apply both FSP award amounts to the same Total Project
Cost.
\6\ The project information submitted by Project Sponsors to the
NEC Commission in Summer 2023 was used to inform project information
as it appears on the 2024 Inventory.
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B. Federal Award Information

1. Available Award Amount

The total amount of funding made available for new FSP-NEC awards
under this NOFO is $2,034,420,932. The total amount of FY 2024 funding
made available for projects located on the NEC from IIJA 2024 Advance
Appropriations and the 2024 Appropriation is $4,502,362,500. From this
amount, FRA intends to obligate up to $2,467,941,567 to fulfill FY 2024
contingent commitments to FSP projects previously selected for Phased
Funding Agreements.
FRA may elect to award additional funds beyond the funds made
available from the FY 2024 Advance Appropriations by including funds
from the FY 2025 Advance Appropriations to applications received under
this NOFO. Any selection and award under this NOFO are subject to the
availability of appropriated funds.

2. Award Size

There are no predetermined minimum or maximum dollar thresholds for
awards. FRA anticipates making multiple awards with the available
funding. FRA may not be able to award grants to all eligible
applications even if they meet or exceed the stated criteria (see
Section E, Application Review Information). Applicants must apply for a
project as it appears on the NEC Project Inventory. FRA may award
partial funding, as projects may require more funding than is
available. Prior to selection, FRA will contact the applicant to ensure
that the applicant is able to complete the project with available
funding.
FRA strongly encourages that applicants seek funding for the
appropriate Lifecycle Stage of a Capital Project, consistent with the
2024 Inventory and the applicable corresponding application track in
Section C(3)(b) below. If, notwithstanding this direction, an
application covers multiple application tracks, it must also include
the justification as further described in Section C(3)(b).
Applications for a project with a Total Project Cost that has
changed from the Funding Need that appears on the 2024 Inventory or
that are seeking less than the Anticipated Obligation amount on the
2024 Inventory should specify the change and provide an explanation for
how the remainder of the project will be funded and whether the Project
Sponsor plans to apply for additional funding under a future FSP-NEC
NOFO.

3. Award Type

a. Grants and Cooperative Agreements
FRA will make awards for projects selected under this notice
through grant agreements or cooperative agreements. Grant agreements
are used when FRA does not expect to have substantial Federal
involvement in carrying out the funded activity. Cooperative agreements
allow for substantial Federal involvement in carrying out the agreed
upon investment, including technical assistance, review of interim work
products, and increased program oversight. The term ``grant'' is used
throughout this document and is intended to reference funding awarded
through a grant agreement, as well as funding awarded through a
cooperative agreement. The funding provided under this NOFO will be
made available to grantees on a reimbursable basis. Applicants must
certify that their expenditures are allowable, allocable, reasonable,
and necessary to the approved project before seeking reimbursement from
FRA. Additionally, the grantee is expected to expend non-Federal funds
at the required percentage concurrent with Federal funds throughout the
life of the project.
Additionally, FRA may provide grant funding in phases through a
Phased Funding Agreement (PFA) for Highly Rated projects. A PFA,
authorized at 49 U.S.C. 24911(g)(2), is an FRA grant agreement
associated with the obligation of an initial grant award under the
Partnership Program. A PFA shall: (1) establish the terms of
participation by the Federal Government in the project; (2) establish
the maximum amount of Federal financial assistance for the project; (3)

[[Page 42577]]

include the period of time for completing the project, even if such
period extends beyond the period for which Federal financial assistance
is authorized; and (4) make timely and efficient management of the
project easier in accordance with Federal law. FRA anticipates limiting
the use of PFAs to projects that are currently in, or beginning, the
Final Design and/or the Construction Lifecycle Stages.
A PFA is an FRA grant agreement with the phased funding provisions
in effect. It provides an initial obligation, and it also provides
contingent commitments that are not financial obligations of the
Federal Government but relate to the future obligation of funds
(subject to the availability of appropriations). In the PFA, FRA
commits to provide funding as specified in the PFA for the duration of
the project, as long as the grantee continues to meet the terms of the
PFA, and Congress appropriates sufficient FSP Program funding for such
purpose.
Applications for a Major Capital Project seeking a PFA must request
a PFA in the project narrative and provide the additional information
required in Section D(2)(a). Additionally, FRA may independently
determine that a project is appropriate for a PFA.
b. Letters of Intent
Additionally, FRA may issue Letters of Intent (LOI) to FSP-NEC
grantees proposing Major Capital Projects. Applications for a Major
Capital Project that seek FSP-NEC funds beyond what is made available
in this NOFO and who are seeking an LOI must request an LOI in the
project narrative and provide the additional information required in
Section D(2)(a). Additionally, FRA may independently determine that a
project is appropriate for an LOI.
An LOI, authorized at 49 U.S.C. 24911(g)(1), is a letter from FRA
to a grantee announcing ``an intention to obligate'' an amount to its
Major Capital Project from future budget authority. LOIs are contingent
commitments and not binding obligations of the Federal Government. FRA
intends to use LOIs to demonstrate its intent to provide future Final
Design and Construction Lifecycle Stage funding for Major Capital
Projects assuming successful completion of Project Planning and Project
Development Lifecycles for the project. FRA anticipates issuing LOIs
primarily to projects currently in, or beginning, the Project
Development Lifecycle Stage. In issuing the LOI, FRA may outline
conditions and/or define readiness thresholds that the grantee may use
to inform future funding requests for FSP-NEC funds.

4. Concurrent Applications

DOT and FRA may be concurrently soliciting applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for funding under this NOFO, applicants must indicate the program(s) to
which they submitted or plan to submit an application for funding the
entire project or certain components, as well as highlight new or
revised information in the application responsive to this NOFO that
differs from the previously submitted application(s).

C. Eligibility Information

This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and operational
independence. Applications that do not meet the requirements in this
section will be ineligible for funding. Instructions for submitting
eligibility information to FRA are detailed in Section D of this NOFO.

1. Eligible Applicants

The following entities are eligible applicants for all projects
permitted under this notice:
a. A State (including the District of Columbia);
b. A group of States;
c. An Interstate Compact;
d. A public agency or publicly chartered authority established by
one or more States;
e. A political subdivision of a State;
f. Amtrak, acting on its own behalf or under a cooperative
agreement with one or more States;
g. A Federally recognized Indian Tribe, and
h. Any combination of the entities described in (a) through (g).
Applications must be submitted by the lead applicant that serves as
the primary point of contact for the application, and that if selected,
will be the grantee of the FSP-NEC grant award.
To submit an application under (h) above, the lead applicant must
identify the other entities(s) and include a signed statement from an
authorized representative of each entity that affirms the entity joins
the application. See Section D(2) for further instructions about
submitting an application under 49 U.S.C. 24911(a)(1)(H).
An application submitted by Amtrak and one or more States, whether
eligible under (a), (b), (f) or (h) above, must identify the lead
applicant and include a signed cooperative agreement between Amtrak and
the State(s) consistent with 49 U.S.C. 24911(a)(1)(F). Applications may
reference entities that are not eligible (e.g., private sector firms)
in an application as a partner in project funding or implementation,
but ineligible entities do not qualify as an applicant and cannot be a
grantee. If the applicant seeks to partner with an ineligible entity
(e.g., a private intercity passenger rail operator), that intention
should be made clear in the application and a letter of support from
the ineligible entity should be included in the application. The
eligible lead applicant who partners with other entities, private or
otherwise, will be the legally responsible party to FRA under the grant
agreement, including for administering and managing Federal funds for
the authorized purpose and delivering the project.

2. Cost Sharing and Matching

FRA will evaluate the application based on the amount of Federal
funds for the eligible project requested in the application.\7\ The
Federal share of total costs for FSP projects funded under this notice
shall not exceed 80 percent. The estimated total cost of a project must
be based on the best available information, including engineering
studies, studies of economic feasibility, environmental analyses, and
information on the expected use of equipment and/or facilities,
consistent with 49 U.S.C. 24911(f)(1). As stated in the 2024 Inventory,
FRA will generally fund Major Backlog Projects applying under this
notice up to 80 percent Federal share of the Total Project Cost of an
eligible project. FRA will generally fund Capital Renewal, Improvement,
and Station projects applying under this notice between 50 and 80
percent Federal share of the total cost of an eligible project. For a
higher Federal share within this range, FRA will consider the extent to
which: (i) projects bring assets supporting Intercity Passenger Rail
service into a State of Good Repair, and (ii) and demonstrate
likelihood of significant Intercity Passenger Rail outcomes.
Additionally, applicants are encouraged to use FRA's cost estimate
guidance documentation, ``Capital Cost Estimating: Guidance for Project
Sponsors,'' and to account for the impact of external factors (e.g.,

[[Page 42578]]

inflation) while preparing the scope, schedule, and budget.\8\
---------------------------------------------------------------------------

\7\ If an applicant's Cost Share Agreement demonstrates the
commitment of more non-Federal dollars than proposed in the
application, the applicant should explain the distinction and
confirm that the difference was intentional.
\8\ The ``Capital Cost Estimating: Guidance for Project
Sponsors,'' is available at: <a href="https://www.fra.dot.gov/Page/P0926">https://www.fra.dot.gov/Page/P0926</a>.
---------------------------------------------------------------------------

Applicants must identify the source(s) of their non-Federal share
and must clearly and distinctly reflect these funds as part of the
Total Project Cost. The minimum 20 percent non-Federal share may be
comprised of public or private 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.\9\ 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 D(2)(a) for supporting information required to
demonstrate eligibility of Federal funds for use as non-Federal
share.
---------------------------------------------------------------------------

If Amtrak is an applicant under this NOFO, Amtrak may use ticket
and other non-Federal revenues generated from its operations and other
sources as well as funding provided by the Advance Appropriations under
the heading ``Northeast Corridor Grants to the National Railroad
Passenger Corporation'' to satisfy the non-Federal share requirements.
Funding under this NOFO may not be used for costs that are included
in or used to meet cost sharing or matching requirements of any other
federally financed award or program. If the applicant is seeking
additional funding for a project that has already received Federal
financial assistance, costs associated with the scope of work for the
existing Federal award are not eligible for funding under this NOFO.
Only new scope elements and activities (e.g., new deliverables) are
eligible for funding under this NOFO.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See Section D(2)(a) for
required application information on non-Federal share and Section E for
further discussion of FRA's consideration of matching funds in the
review and selection process. FRA will approve pre-award costs incurred
after announcement of awards consistent with 2 CFR 200.458, as
applicable. Cost sharing or matching may be used only for authorized
Federal award purposes.
All contracts for projects financed with Federal funds will be
subject to applicable Federal requirements. Applicants that have
entered into contracts for a proposed project prior to award must
ensure that applicable Federal requirements are included in the
contract in the event the project is selected, and Federal funds are
obligated.

3. Eligible Projects

a. Only projects on the NEC Project Inventory for which an
application is submitted under this NOFO will be considered for award.
The following Capital Projects, including acquisition of real property
interests, are eligible:
1. A project to replace, rehabilitate, or repair infrastructure,
equipment, or a facility used for providing intercity passenger rail
service to bring such assets into a State of Good Repair.\10\
---------------------------------------------------------------------------

\10\ The location of the equipment's primary use will determine
whether it is a project located on the NEC.
---------------------------------------------------------------------------

2. A project to improve intercity passenger rail service
performance, including reduced trip times, increased train frequencies,
higher operating speeds, improved reliability, expanded capacity,
reduced congestion, electrification, and other improvements, as
determined by the Secretary.
3. A project to expand or establish new intercity passenger rail
service.
4. A group of related projects described in paragraphs (1) through
(3).
5. The planning, environmental studies, and Final Design for a
project or group of projects described in paragraphs (1) through (4).
For projects that are on a shared corridor with Commuter Railroad
Passenger Transportation or freight transportation, applicants must
clearly demonstrate how the proposed project benefits Intercity
Passenger Rail Transportation and that funding the proposed project
would be a reasonable investment in Intercity Passenger Rail
Transportation, independent and separate from consideration of the
proposed project's benefits to other transportation purposes.
Capital Projects, as further defined in Section A(2), may include
the acquisition of real property interests, planning, Project
Development, Final Design, and Construction. Pre-Construction
activities are eligible for funding independently or in conjunction
with proposed funding for Construction.
Projects that include Project Development may include engineering
drawings and specifications (scale drawings at the 30 percent design
level, including track geometry as appropriate); design criteria,
schematics, and/or track charts that support the development of PE; and
work that can be funded in conjunction with developing PE, such as
operations modeling, surveying, project work/management plans,
preliminary cost estimates, and preliminary project schedules. Project
Development funded under this NOFO must be sufficiently developed when
complete to support FD or Construction activities. (See Section
D(2)(a)(i) for additional information.)
b. Application Tracks: Other than as specified in the 2024
Inventory, applicants are not limited in the number of projects for
which they seek funding. However, FRA strongly encourages that
applications identify only one of the following tracks for an eligible
project: Track 1--Planning Studies and Project Planning; Track 2--
Project Development; Track 3--FD/Construction. The project tracks are
based on Lifecycle Stages, and the Inventory prioritized projects based
on Lifecycle Stage information provided by Project Sponsors. While
applications covering multiple tracks for a project are not precluded,
such applications will require a justification for varying from the
2024 Project Inventory. See Section E(1)(a). FRA will review the merit
of the justification provided in evaluating the application. Applicants
must identify the Federal dollar amount requested for each Lifecycle
Stage, itemized by project component (if applicable) and task. Where an
application covers multiple tracks, FRA may award funds based on
project readiness information for what it determines is the appropriate
Lifecycle Stage.
1. Track 1--Planning Studies and Project Planning: Track 1 consists
of Planning Studies and planning specific to a Capital Project.
Planning Studies include planning activities (with no associated
Construction), and examples include: railroad transportation market
forecasting, conceptual design activities (e.g., operations analysis,
establishing the type and scope of capital improvements), fleet
planning, cost analysis, station and facility planning, environmental
resource consideration (e.g., development of a purpose and need
statement, preliminary alternatives analysis, identification of
environmental resources and analysis of potential environmental
effects), and other similar activities. A description of Project
Planning may be found in FRA's Capital Projects Guidance. Examples
include: the development of a purpose and need statement; completion of
conceptual engineering and other design; documentation showing that
project alternatives were considered; completion of an environmental
resource inventory and potential environmental concerns analysis; scale
design drawings; public and stakeholder involvement; completion of an
order-of-

[[Page 42579]]

magnitude project cost estimate; and for Major Capital Projects,
completion of an initial Project Management Plan. Project Planning
projects funded under this NOFO must be sufficiently developed when
complete to support Project Development activities.
2. Track 2--Project Development: Track 2 consists of projects for
eligible Project Development activities. A description of Project
Development may be found in FRA's Capital Projects Guidance. Examples
include: completion of Preliminary Engineering (PE) and architectural
or other design; PE drawings and specifications (scale drawings at the
30 percent design level, including track geometry as appropriate);
design criteria, schematics and/or track charts that support the
development of PE; work that can be funded in conjunction with
developing PE, such as operations modeling, surveying, project work/
management plans, preliminary cost estimates, and preliminary project
schedules; completion of environmental review; and completion of
applicable project management documentation (such as a Project
Management Plan, schedule, Capital Cost Estimate, and financial plan).
Project Development projects funded under this NOFO must be
sufficiently developed when complete to support FD or Construction
activities.
3. Track 3--FD/Construction: Track 3 consists of projects for
eligible FD and Construction activities. A description of FD and
Construction may be found in FRA's Capital Projects Guidance.
Applicants must complete all necessary Planning and Project Development
stages, including PE and NEPA requirements, prior to moving to the FD/
Construction stage of a project. FD funded under this track includes
completion of the Final Design documentation, resolving remaining
uncertainties or risks associated with changes to the design and scope
of the Capital Project; addressing procurement processes; and updating/
completing the applicable project management documentation (such as a
Project Management Plan, schedule, Capital Cost Estimate, and financial
plan). During Construction, the Capital Project is completely built,
installed, and placed in use. Prior to obligation, applicants selected
for funding for FD/Construction must demonstrate the following to FRA's
satisfaction: (A) PE is completed for the proposed project, resulting
in project designs that are reasonably expected to conform to all
regulatory, safety, security, and other design requirements, including
those under the Americans with Disabilities Act of 1990 (ADA); (B) NEPA
is completed for the proposed project; (C) the applicants have entered
into the appropriate agreements with key project partners, including
infrastructure-owning entities; and (D) for Major Capital Projects, a
Project Management Plan, schedule, Capital Cost Estimate, and financial
plan are complete and up to date.

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,
which will not count against the project narrative 25-page limit. 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.

1. Address To Request Application Package

Applicants may access application materials at <a href="https://www.Grants.gov">https://www.Grants.gov</a> and must submit all application materials in their
entirety through <a href="https://www.Grants.gov">https://www.Grants.gov</a> no later than 11:59 p.m.
Eastern Time, on July 15, 2024. Applicants must complete an Authorized
Organization Representative (AOR) profile on <a href="http://www.Grants.gov">www.Grants.gov</a> and create
a username and password. Additional information about the registration
process is available at: <a href="https://www.grants.gov/applicants/applicant-registration">https://www.grants.gov/applicants/applicant-registration</a>.
Applicants are strongly encouraged to apply early to ensure that
all materials are received before the application deadline. FRA
reserves the right to modify this deadline. General information for
submitting applications through <a href="http://Grants.gov">Grants.gov</a> can be found at: <a href="https://www.fra.dot.gov/Page/P0270">https://www.fra.dot.gov/Page/P0270</a>. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a disability. If you require an
alternative version of files provided, please contact Laura Mahoney,
Office of the Chief Financial Officer, Federal Railroad Administration,
1200 New Jersey Avenue SE, Washington, DC 20590; email:
<a href="/cdn-cgi/l/email-protection#a6cac7d3d4c788cbc7cec9c8c3dfe6c2c9d288c1c9d0">[email&#160;protected]</a>; phone: 202-578-9337.
The E-Business Point of Contact (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.
If an applicant experiences difficulty at any point during this
process, please call the <a href="http://Grants.gov">Grants.gov</a> Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
For information and instructions on each of these processes, please see
instructions at: <a href="http://grants.gov/applicants/grant-applications/how-to-apply-for-grants">grants.gov/applicants/grant-applications/how-to-apply-for-grants</a>.

2. Content and Form of Application Submission

FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Applications that are
not submitted on time or do not contain all required documentation will
not be considered for funding. To support the application, applicants
may provide other relevant and available optional supporting
documentation that may have been developed by the applicant, especially
such documentation that provides evidence of completion of the
appropriate Lifecycle Stage(s) of a Capital Project. Additionally,
applicants selected to receive funding must satisfy the requirements in
49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and
other grant conditions explained in part at <a href="https://www.fra.dot.gov/page/P0185">https://www.fra.dot.gov/page/P0185</a> and further in Section F(2)(c) of this notice.
Required documents and information for an application package
include the following:

[[Page 42580]]

------------------------------------------------------------------------
Application information NOFO section for guidance
------------------------------------------------------------------------
Project Narrative.......................... See D(2)(a).
Statement of Work.......................... See D(2)(b)(i).
Environmental Compliance Documentation..... See D(2)(b)(ii).
Matrix of Third-Party Agreements, Utility See D(2)(b)(iii).
Company Agreements, and Railroad
Agreements.
SF 424--Application for Federal Assistance See D(2)(b)(iv).
\11\.
SF 424A--Budget Information for Non- See D(2)(b)(v).
Construction or SF 424C--Budget
Information for Construction.
SF 424B--Assurances for Non-Construction or See D(2)(b)(vi).
SF 424D--Assurances for Construction.
FRA's F 30--Certifications Regarding See D(2)(b)(vii).
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial Capability See D(2)(b)(viii).
Questionnaire.
SF LLL--Disclosure of Lobbying Activities.. See D(2)(b)(ix).
------------------------------------------------------------------------

A. Project Narrative

This section describes the minimum content required in the project
narrative of grant applications. The project narrative must follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.
---------------------------------------------------------------------------

\11\ The amount requested from the FSP Program on the SF-424 is
the official record of request and, therefore, must match the amount
requested in the project narrative and statement of work documents.
Where there are discrepancies in the amount requested among the SF-
424, project narrative, and statement of work, FRA will use the
request reflected in the SF-424.

------------------------------------------------------------------------
Project narrative section NOFO section for guidance
------------------------------------------------------------------------
I. Cover Page.............................. See D(2)(a)(i).
II. Project Summary........................ See D(2)(a)(ii).
III. Project Funding....................... See D(2)(a)(iii).
IV. Applicant Eligibility Criteria......... See D(2)(a)(iv).
V. Project Eligibility Criteria............ See D(2)(a)(v).
VI. Detailed Project Description........... See D(2)(a)(vi).
VII. Project Location...................... See D(2)(a)(vii).
VIII. Evaluation and Selection Criteria.... See D(2)(a)(viii).
IX. Project Implementation and Management.. See D(2)(a)(ix).
------------------------------------------------------------------------

The above content must be provided in a narrative statement
submitted by the applicant. The project narrative may not exceed 25
pages in length (excluding cover pages, table of contents, and
supporting documentation). FRA will not review or consider project
narratives beyond the 25-page limitation. If possible, applicants
should submit supporting documents via website links rather than hard
copies. If supporting documents are submitted, applicants must clearly
identify the relevant portions of the supporting documents with the
page numbers of the cited information in the project narrative. The
project narrative must adhere to the following outline.
i. Cover Page: include a cover page that lists the following
elements in either a table or formatted list:

Project Title.....................
Lead Applicant Name...............
Other Applicant Name(s), if
applying under 49 U.S.C.
24911(a)(1)(h).
Capital Cost Estimate............. $
Amount of FSP Program funding $
requested under this NOFO.
Amount of proposed non-Federal $
share for FSP Program funding
requested under this NOFO.
Source(s) of proposed non-Federal If yes, provide lending source and
share. amount.
Are any funds expected to be
borrowed?.
Total Project Cost................ $
Total cost by Lifecycle Stage(s) $
for which funding is requested
under this NOFO (list each
Lifecycle Stage and cost
separately).
Was a Federal grant application Yes/No.
previously submitted for this
project?.
If yes, state the name of the Federal grant program:
Federal grant program, funding What is different in this
year, and project title from the application from the previous?
previous application..
City(-ies), County(-ies), State(s)
where the project is located..
Congressional District(s) where
the project is located.
Geospatial data for project
location(s) in decimal degrees
(with at least five decimal
places of precision).
If a track segment or corridor,
provide start and end point data.
Current Lifecycle Stage of project
at time of application.
Anticipated completion date of
current Lifecycle Stage.
Application Track and Lifecyle
Stage proposed to be funded by
this NOFO.
Intercity Passenger Rail
service(s) benefiting from the
project (including any Long-
Distance services).
Is the project, now or upon If yes, list the property, owners,
completion, located on real and the nature of the property
property or right-of-way owned by interest for each.\12\
someone other than the applicant?

[[Page 42581]]

Host Railroad/infrastructure
owner(s) of project assets.
Other impacted Railroad(s)........
Tenant Railroad(s), if
applicable.
If applicable, is a 49 U.S.C. Yes/No/Pending.
22905-compliant Railroad
Agreement in place or
pending?.
LOI/PFA requested?................ Yes/No.
If LOI requested, provide $
amount of future request.
If PFA requested:.............
(a) Provide amount of $
request under this NOFO
for initial obligation..
(b) Provide amount of $
request under this NOFO
for contingent commitment
(equal to the remaining
amount of the project
cost).

ii. Project Summary: Provide a brief, 4-6 sentence summary of the
proposed project. Include challenges the proposed project aims to
address and summarize the intended outcomes and anticipated benefits
that will result from the proposed project.
---------------------------------------------------------------------------

\12\ In the property listing, please include estimated location,
area, and expected use of property in relation to the project. A
full legal description is currently unnecessary.
---------------------------------------------------------------------------

iii. Grant Funds, Sources, and Use of Project Funds: Project
budgets should show how different funding sources will contribute to
each activity and present the data in year of expenditure dollars and
percentages. The budget should identify other Federal funds the
applicant is applying for, has been awarded, or intends to use. Funding
sources should be grouped into three categories: non-Federal, FSP
request, and other Federal with specific amounts for each funding
source that total the Total Project Cost. Unless the Project Sponsor
has secured other funding for the project since the date of the 2024
Inventory, FRA expects the Total Project Cost to be consistent with the
column titled ``Funding Need'' on the 2024 Inventory. FRA may not award
more funding for a project than is requested in an application. The
applicant should itemize funding to be spent during the Inventory
Period by project Lifecycle Stage(s) and by project activity.
Applicants must describe whether non-Federal funds are currently
available for the project or will need to be secured if the project is
selected for funding. To demonstrate availability, applicants should
submit evidence of the availability of Non-Federal funds for FSP
Program request and other Federal funding (if applicable), which may
include a board resolution, letter of support from the State, a budget
document highlighting the line item or section committing funds to the
proposed project. The applicant may provide this documentation in an
appendix. Documentation of previous and recent local investments in the
project may be evidence of local financial commitment to the project
but cannot be used to satisfy non-Federal matching requirements. Any
funding commitment letters must be signed by an authorized
representative of the entity providing a non-Federal share. For a Major
Capital Project, applicants are encouraged to provide an annualized
budget in year of expenditure dollars. Project budget information must
be consistent throughout all application materials, specifically the
Standard Form (SF) 424, project narrative, statement of work, and
funding commitment letters.\13\ The project budget should be specific
to the project scope described in the applicant's request for funding
under this NOFO for project activities during the Inventory Period. If
the project proposed to be funded under this NOFO is part of a larger
scope, the applicant may reference the larger scope in the project
narrative but should only include within the budget table the project
scope identified on the 2024 Inventory and that is proposed to be
funded under this NOFO.
---------------------------------------------------------------------------

\13\ If there is a discrepancy between materials, FRA will use
the funding amounts shown in the applicant's SF 424 as the amount
requested for funding.
---------------------------------------------------------------------------

If Federal funding is proposed as match, demonstrate the
applicant's determination of eligibility for such use and the legal
basis for that determination. Also, note if the requested Federal
funding under this NOFO or other programs must be obligated or spent by
a certain date due to dependencies or relationships with other Federal
or non-Federal funding sources, related projects, law, or other
factors. Indicate whether the applicant anticipates securing financing
for the project, and what the source, amount and terms will be.
Eligible costs may not be more than the cost of the most favorable
financing terms reasonably available for the project at the time of
borrowing. If applicable, the applicant will certify that the applicant
has shown reasonable diligence in seeking the most favorable financing
terms consistent with 49 U.S.C. 24911 (g)(2)(c)(iii). Additionally,
please indicate whether any expected financing will render the
applicant unable to comply with the terms of 2 CFR part 200 or FRA's
grant agreement template. If applicable, the applicant should provide
the type and estimated value of any proposed in-kind contributions, as
well as explain how the contributions meet the requirements in 2 CFR
200.306.
Identify any previously incurred costs the applicant believes are
eligible under project scope, the dates the costs were incurred, and a
citation to the statutory authority permitting such costs.
Additionally, applicants should identify and describe Lifecycle
Stages and/or project components that could be candidates for
subsequent FSP funding if such funding becomes available. PFA
disbursements are not required to align with project components with
independent utility or operational independence, since the project as a
whole achieves independent utility and operational independence.
However, applicants are encouraged to identify meaningful milestones by
which FRA can measure project progress for each forecasted funding
request.

[[Page 42582]]

Example Project Funding Tables: Applicants may use the following
tables to describe project funding, and may use additional rows and
columns, or additional project funding tables, as appropriate.
---------------------------------------------------------------------------

\14\ For other Federal funds that will be used for the project,
the applicant should identify the Federal program and fiscal year of
the funding request(s), as well as highlight new or revised
information in the application responsive to this NOFO that differs
from the application(s) to other financial assistance programs.

Table 1--Project Funding, Overview
----------------------------------------------------------------------------------------------------------------
Task name/project Percentage of Source of funds
Task # component Cost total cost and citation
----------------------------------------------------------------------------------------------------------------
1...............................
2...............................
-----------------------------------------------------
Total Project Cost:
Federal Funds received from previous FSP
grant(s).
Federal FSP funding requested in this
application.
Non-Federal FSP funding......................... Cash: In-Kind:....
Other Federal funding committed and pending Committed Amount:.
(e.g., Federal Highway Administration,
congressionally directed/earmark, other FRA
grant program funds--including previous FSP
grants, etc.) \14\.
Note: If there are multiple sources of other Pending Amount:...
Federal funding, please break funding down by
each source.
Other non-Federal funding.......................
----------------------------------------------------------------------------------------------------------------

Use table 2 to provide a funding breakdown by Lifecycle Stage/
Project Track. If not applicable, provide explanation.
[GRAPHIC] [TIFF OMITTED] TN15MY24.003

If requesting a PFA for FD and Construction costs, complete Project
Funding Table 3. Add additional FYs, as appropriate.
---------------------------------------------------------------------------

\15\ Duplicate columns 4 and 5 as needed to accommodate each
other Federal funding source.
\16\ FRA expects that Total Project Cost will generally reflect
the amount in the column titled ``Funding Need'' in the 2024
Inventory because the application request should only be for costs
to fund the Lifecycle Stages during the Inventory Period.
\17\ Columns 5 and 7 may be divided to individually show source
and funding amounts per line item.

[[Page 42583]]

Table 3--Project Funding, Phased Funding Agreement:
----------------------------------------------------------------------------------------------------------------
Initial
obligation FY 2025 FY 2026 Total FSP-NEC
Lifecycle stage request (FY obligation obligation request
2024) request request
----------------------------------------------------------------------------------------------------------------
Final Design.................................... $ $ $ $
Construction.................................... $ $ $ $
---------------------------------------------------------------
Total FSP-NEC Request....................... $ $ $ $
----------------------------------------------------------------------------------------------------------------

iv. Applicant Eligibility Criteria: Explain how the lead applicant
meets the applicant eligibility criteria outlined in Section C(1) of
this notice. Include citations to applicable enabling legislation in
support of the applicant's eligibility to receive Federal funds. For
public agencies and publicly chartered authorities established by one
or more States, the explanation must include relevant legislative
language and citations to the applicable enabling legislation. To
submit a combined application under 49 U.S.C. 24911(a)(1)(H), the lead
applicant must identify the other eligible applicant(s) and include a
signed statement from an authorized representative of each entity that
affirms the entity joins the application.
For applications involving Amtrak and one or more States, Amtrak
and the State(s) must provide a cooperative agreement for the project
signed by authorized representatives of Amtrak and each State. Such
cooperative agreements must include a description of the roles and
responsibilities of each party, including budget and subrecipient
information showing how the parties will share project costs. A Cost
Share Agreement signed by Amtrak and one or more States would address
this requirement if it addressed the requirements above.
v. Project Eligibility Criteria: Explain how the proposed project
meets the project eligibility criteria in Section C(3)(a) of this
notice. Include a statement confirming that the proposed project is
consistent with the 2024 Inventory or provide a statement indicating
that there have not been material changes to infrastructure, service
conditions or Project Sponsor capabilities or commitments, or other
significant changes that may affect the scope, schedule, or budget of
the project. FRA will review the following for Inventory consistency:
Project Sponsor, Funding Need, Lifecycle Stage, Schedule, and
Scope.\18\
---------------------------------------------------------------------------

\18\ In this NOFO, the terms ``applicant'' and ``Project
Sponsor'' are used interchangeably.
---------------------------------------------------------------------------

If these data elements differ from the information shown on the
project on the 2024 Inventory, the applicant must provide a statement
explaining and/or justifying such changes and how they are a result of
materially changed infrastructure or service conditions, changes in
Project Sponsor capabilities or commitments, or other significant
changes since the completion of the 2024 Inventory, consistent with 49
U.S.C. 24911(d)(1)(A). The justification should demonstrate why the
changed circumstances could not reasonably have been known at the time
Project Sponsors provided information to the NEC Commission to update
the NEC Planning Documents. If the application proposes to exclude
scope that was included in the 2024 Inventory because that scope was
funded from a different source, applicants should contact FRA for
technical assistance regarding permissibility of including costs in the
FSP-NEC project.
Projects shown on the 2024 Inventory as funded through Construction
are assumed complete with no remaining Funding Need. If the applicant
wishes to apply for funding to support a Lifecycle Stage for which FSP
funding has been awarded previously, the project narrative must include
a justification to demonstrate why the additional funding is necessary
(e.g., significant changes in scope of project since award, partial
funding awarded in prior years). Such applicants should include how the
Federal and non-Federal amounts from the previously selected project
fit into the budget for the Total Project Cost.
vi. Detailed Project Description: The applicant must include a
detailed project description that expands upon the brief project
summary. This detailed description should provide, at a minimum: a
description of the scope of the entire project, as well as a
description of the scope of the specific elements of the project for
which funding is being requested in this NOFO; a project schedule
showing completed and expected start and end dates for each Lifecycle
Stage; additional background on the transportation challenges the
project aims to address; a summary of current and proposed railroad
operations in the project area and service frequency to include
identification of all railroad owners and operators; the expected users
and beneficiaries of the project, including all railroad operators and
types of passenger or freight rail service operating or proposed to
operate in the project area; and any other information the applicant
deems necessary to justify the proposed project. See table 4 for
specific project data requests. For projects that benefit intercity and
commuter rail services, the applicant should include a statement that
Amtrak and the public authorities providing Commuter Rail Passenger
Transportation at the eligible project location are in compliance with
49 U.S.C. 24905(c)(2) and identifying the funding for the intercity
passenger rail share, the commuter rail share, and the local share of
the project before commencement of the project. Applicants must
identify these shares for the Lifecycle Stage(s) for which they are
seeking funding (for example, an application seeking funding for
Project Development must identify funding shares only for the Project
Development Lifecycle Stage and not for the FD and Construction stages
of the same project).
For all projects, applicants must provide information about
proposed performance measures, as described in Section F(3)(d) and
required in 2 CFR 200.301.
vii. Project Location: Applicants must include geospatial data for
the project, as well as a map of the project's location. Geospatial
data must be expressed in decimal degrees for latitude and longitude
with at least five decimal places of precision.\19\ If the project
includes a length of track or corridor development, the start and end
coordinates for each corridor or segment must be provided. All
Congressional districts in which the project will take place should be
provided. Milepost, railroad, and subdivision identifiers can

[[Page 42584]]

also be provided but must be accompanied by corresponding latitudes and
longitudes. For projects with multiple locations, the corresponding
geospatial data must be included for each location, with individual
columns for latitude and longitude, in table form as an attachment to
the application.
---------------------------------------------------------------------------

\19\ For example, if a project was proposed to take place at the
Department of Transportation Headquarters in Washington, DC then the
reported latitude should be 38.87589, and the longitude should be
reported as -77.00337.
---------------------------------------------------------------------------

viii. Evaluation and Selection Criteria: The applicant must include
a thorough discussion of how the proposed project meets the evaluation
and selection criteria. As described in Section E, FRA will evaluate
applications based on project readiness, technical merit, and project
outcomes, and will consider how the applicant's project aligns with the
Administration priorities. If an application does not sufficiently
address the evaluation criteria and the selection criteria, it is
unlikely to be a competitive application. Applicants are expected to
follow the directions and format requested in this NOFO, and adherence
to these directions will be considered in evaluations.
FRA expects applicants to include quantifiable railroad data, such
as information on typical daily, weekly, or annual train movement by
operator; ridership data for passenger operations; failure or safety
incidents; service delays; and primary expected project outcomes such
as increased ridership, increased trains, increased speed, reduced
delays, improved rail network asset condition and performance, or
similar outcomes and benefits. Applicants may also include qualitative
data on accessibility improvements to either new or existing assets. To
the extent feasible, such railroad metrics should be provided and
analyzed discretely for Intercity Rail Passenger Transportation and, if
applicable, Commuter Rail Passenger Transportation and freight rail
transportation services involved in the proposed project. For operating
speed outcomes, applicants should include details on curve
modifications within the project scope, if any.
Applicants must organize responses to the requested project
outcomes data consistent with table 4. Define the project area used for
the data in the narrative. Indicate, also, if the project area changes
based on the data table. For example, ridership data may be tracked
between passenger stations on either side of the project area, while
delays may be tracked according to railroad interlockings on either
side of the project area. Applicants are expected to provide the
requested data to the maximum extent practicable. Appropriate rounding
or best estimates are acceptable in instances where precise data is
unavailable or to account for possible uncertainty. Where data is not
available, applicants may provide a qualitative explanation of the
anticipated impact of the project.

Table 4--Project Outcomes \20\
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Ridership in the Project Area
----------------------------------------------------------------------------------------------------------------
Current
Projected
----------------------------------------------------------------------------------------------------------------
Total Annual Ridership
----------------------------------------------------------------------------------------------------------------
Annual Intercity Passenger Rail Ridership
----------------------------------------------------------------------------------------------------------------
Annual Commuter Passenger Rail Ridership........
----------------------------------------------------------------------------------------------------------------
Train Counts in the Project Area
----------------------------------------------------------------------------------------------------------------
Current
Projected
----------------------------------------------------------------------------------------------------------------
Total Weekly Trains
----------------------------------------------------------------------------------------------------------------
Weekly Intercity Passenger Rail Trains
----------------------------------------------------------------------------------------------------------------
Weekly Commuter Rail Trains
----------------------------------------------------------------------------------------------------------------
Weekly Freight Trains
----------------------------------------------------------------------------------------------------------------
Operating Speeds in the Project Area
----------------------------------------------------------------------------------------------------------------
Current, Projected, Current, Projected,
IPR IPR CR CR
----------------------------------------------------------------------------------------------------------------
Average Operating Speed (mph)
----------------------------------------------------------------------------------------------------------------
Highest Maximum Authorized Speed (mph)
----------------------------------------------------------------------------------------------------------------
Lowest Maximum Authorized Speed (mph)
----------------------------------------------------------------------------------------------------------------
Average Scheduled Travel Time (Time/Trip)
----------------------------------------------------------------------------------------------------------------
Infrastructure-Related Delay in the Project Area
----------------------------------------------------------------------------------------------------------------
Current
Projected
----------------------------------------------------------------------------------------------------------------
Annual Delay Minutes Attributed to
Infrastructure
----------------------------------------------------------------------------------------------------------------
Annual Delay Incidents Attributed to
Infrastructure
----------------------------------------------------------------------------------------------------------------
Asset Condition
----------------------------------------------------------------------------------------------------------------
Provide the percentage of the Total Project Cost
that will support replacement, rehabilitation,
or

repair of existing assets (either in-kind or
with improved assets) versus addition of new
assets Existing Assets
New Assets
that expand the capacity of the railroad
network? %
%
----------------------------------------------------------------------------------------------------------------
Provide a brief description (1-2 sentences) of
the asset condition assessment used to
determine the condition ratings reported below.
----------------------------------------------------------------------------------------------------------------

[[Page 42585]]

----------------------------------------------------------------------------------------------------------------
For each of the following asset types,
indicate whether replacement, Most recent Most recent
rehabilitation, or repair will occur under Included rehabilitation condition
this project. If yes, provide the quantity in Quantity/ Original year (for work rating
or mileage affected, as well as the age of project? mileage installation similar to the (excellent,
the existing asset and when it was last in a (Yes/No) year applicant's good, fair,
State of Good Repair. Add rows where needed proposed poor)
to provide appropriate detail. scope)
----------------------------------------------------------------------------------------------------------------
Track (miles)
----------------------------------------------------------------------------------------------------------------
Ballast (miles)
----------------------------------------------------------------------------------------------------------------
Concrete Ties
----------------------------------------------------------------------------------------------------------------
Wood Ties
----------------------------------------------------------------------------------------------------------------
Culverts
----------------------------------------------------------------------------------------------------------------
Catenary Poles
----------------------------------------------------------------------------------------------------------------
Catenary Wire
----------------------------------------------------------------------------------------------------------------
Substations
----------------------------------------------------------------------------------------------------------------
Central Instrument Houses
----------------------------------------------------------------------------------------------------------------
Signals
----------------------------------------------------------------------------------------------------------------
Switch Machines
----------------------------------------------------------------------------------------------------------------
Turnouts
----------------------------------------------------------------------------------------------------------------
Bridges (Provide Bridge Name/Location.)
----------------------------------------------------------------------------------------------------------------
Tunnels (Provide Tunnel Name/Location.)
----------------------------------------------------------------------------------------------------------------

ix. Project Implementation and Management: Applicants must describe
proposed project implementation and project management arrangements.
Include descriptions of the expected arrangements for project
contracting (Construction, maintenance, and operation), contract
oversight and control, change-order management, risk management, and
conformance to Federal requirements for project progress reporting (see
FRA Reports, available at: <a href="https://www.fra.dot.gov/Page/P0274">https://www.fra.dot.gov/Page/P0274</a>).
---------------------------------------------------------------------------

\20\ In table 4, ``Current'' means ``prior completed fiscal
year'' and ``Projected'' means ``first full year of operation
following project completion.''
---------------------------------------------------------------------------

For Track 3 (FD/Construction) applications:
(A) Describe the scale of track outages and type of outages
expected to implement the project. Types of outages could include
overnight outage, daytime outage, extended outage (e.g., 55-hour
weekend outage), continuous outage, foul time, and no outage. Include a
description of how rail service will be affected and how Project
Sponsors will coordinate with other users of the railroad to assess and
mitigate existing service; and
(B) Include a discussion on the types of force account needs and
associated risk expected for the implementation of the project, as well
as the systems or plans will be required to mitigate the risk. Force
account types could include communications and signal, train and
engine, electric traction, track, and bridges and buildings.
Further, all applicants must provide their plan for taking
affirmative steps to employ small businesses consistent with 2 CFR
200.321. Describe experience in managing and overseeing similar
projects; the technical qualifications and demonstrated experience of
key personnel proposed to lead and perform the technical efforts; and
the qualifications of the primary and supporting organizations to
execute the proposed project fully and successfully within the proposed
timeframe and budget, including a discussion of the factors in 2 CFR
200.206(b) and the proposed approach to assessing and mitigating
project risk.
B. Additional Application Elements
Applicants must submit the following documents and forms. Note, the
Standard OMB Forms needed for the electronic application process are
available at: <a href="http://www.Grants.gov">www.Grants.gov</a>.
i. A statement of work (SOW) addressing the scope, schedule,
budget, and performance measures for the proposed project if it were
selected for award. The applicant should include sufficient detail in
the SOW so FRA 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 are expected to organize the SOW in the form of
Articles 4-7 of Attachment 2: Project Specific Terms and Conditions of
FRA's grant template. Applications that do not follow this format may
be considered incomplete and may not be reviewed.\21\
---------------------------------------------------------------------------

\21\ The FRA grant agreement consists of three parts: Attachment
1: Standard Terms and Conditions, Attachment 2: Project-Specific
Terms and Conditions, and Terms and Conditions Exhibits. The
agreements are available at: <a href="https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements">https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements</a>.
---------------------------------------------------------------------------

When preparing the budget, the total cost of a project must be
based on the best available information as indicated in cited
references that include engineering studies, economic feasibility
studies, environmental analyses, and information on the expected use of
equipment or facilities. Applicants must include annual budget
estimates in year of expenditure dollars for the duration of the
project.
For Major Capital Projects applying under Track 3 (FD/
Construction), the applicant must attach (or link) the following
supplemental material:
A. Schedule in .pdf and either .mpp or .xer, reflecting:
1. The activities needed to accomplish the project work along with
the duration of each activity, including completion of prerequisite
activities (such as design, NEPA, funding, right-of-way acquisition,
agreements, permits/approvals) needed to begin delivery of

[[Page 42586]]

the project defined by the application and indicating the project
critical path;
2. Logical sequence of the activities and major milestones,
including project phasing and seasonal and/or third-party restrictions
on Construction periods;
3. Relationships between the activities;
4. Narrative description of schedule and basis and assumptions in
the schedule; along with a summary of schedule risks;
5. Project completion (month and year), including dates of
substantial completion, final completion, and revenue service, along
with the date when the Project Sponsor anticipates accepting the work;
and
6. Level of detail commensurate with project size.
B. Cost estimate in .pdf and .xlsx formats, reflecting:
1. All costs and value of resources needed or incurred for the
Project Development, Final Design and Construction, including design
costs, right-of-way/right-of-way procurement, environmental mitigation,
public outreach, Construction, overall project management, appropriate
contingency for unknowns, costs/resources paid to third parties for
work related to the project such as utility relocations;
2. Correlation with the preliminary project design to estimate
specific quantities for each work element and unit costs used and
alignment with the project scope and project schedule;
3. A midpoint of Construction or annual escalation to year-of
expenditure to account for cost escalation;
4. Documentation of assumptions, methodologies, sources, and
exclusions;
5. Financing costs, itemized and shown separately; and
6. Narrative description describing and explaining the logic,
methods, assumptions, and calculations used in the estimate.
C. Risk Register in .pdf and .xlsx formats, reflecting:
1. An objective list of risks and explanation of each risk's
potential impacts on the project, organized by risk category (e.g.,
market, design, right-of-way, utilities, permits, environmental,
Construction, etc.);
2. A scoring of each risk showing an objective judgement of
relative severity of risk to project cost and to project schedule;
3. Planned mitigations for each risk; and
4. Number of identified risks, commensurate with project size.
D. A Project Management Plan describing how the capital project
will be implemented, monitored, and controlled to help the Project
Sponsor effectively, efficiently, and safely deliver the project on-
time, within-budget, and at the highest appropriate quality. It should
include:
1. An organization chart showing key individuals (whether Sponsor
or consultant team members) that will be responsible for key aspects of
project delivery for the Project;
2. Brief resume explaining background and experience of primary
project delivery personnel (e.g., project manager, grant manager,
design manager, agreements manager, third-party/utility manager, real
estate manager, quality manager, safety manager, construction manager,
risk manager, financial manager, and testing/start-up manager, as
applicable); and
3. A matrix of all agency permits and agreements needed for the
project, noting the nature of the permit, agency/entity granting the
permit, date permit anticipated to be issued, and date by which, if not
issued, it will impact project critical path. Agreements may include
those governing the construction, operation, and maintenance of the
Project such as those with governing bodies and partnering agencies.
ii. Environmental compliance documentation, as applicable, if a
website link is not cited in the project narrative. Applicants should
explain what Federal (and, if appropriate, State, Tribal, and local)
environmental compliance and permitting requirements have been
completed. Such requirements include NEPA and other Federal, Tribal,
local, and State permitting requirements, if applicable. For all other
Federal, Tribal, local, and State environmental permitting
requirements, the applicant should describe which permits apply, the
status of those reviews, and the expected timeline for completion. If
the NEPA process is complete, an applicant should indicate the date of
completion, and provide a website link or other reference to the
documents demonstrating compliance with NEPA, which might include final
Categorical Exclusion determination documentation, a Finding of No
Significant Impact, or a Record of Decision. If the NEPA process is not
yet underway, the application should state this. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all NEPA and other environmental
requirements. Additional information regarding FRA's environmental
processes and requirements are located at <a href="https://fra.dot.gov/environment">https://fra.dot.gov/environment</a>.
iii. A matrix of all third-party agreements necessary for the
applicant to have the financial, technical, and legal authority to
complete the project for the originally authorized purpose, including
utility company agreements, and agreements needed for construction of
the project, and agreements allocating responsibility for ownership,
operation, and maintenance of the project after completion. For each
agreement, the matrix should note the nature of agreement, signing
parties to agreement, date agreement anticipated to be executed, and
date by which, if not executed, it will impact project critical path.
FRA encourages applicants to enclose or link draft or finalized
agreements in their application materials.
FRA encourages early cooperation between applicants and any
relevant infrastructure owners. Under 49 U.S.C. 22905(c)(1), a grant
applicant must have a written agreement with a railroad that owns
rights-of-way to be used by the project (referred to as the 22905
Agreement) prior to grant obligation. If the agreement is complete, an
applicant should indicate the agreement's effective date, and provide a
website link or attach the agreement as part of the application. The
written agreement between the grantee and the railroad should describe
use and ownership, including any compensation for such use; assurances
regarding the adequacy of infrastructure capacity to accommodate both
existing and future freight and passenger operations; an assurance by
the railroad that collective bargaining agreements with the railroad's
employees, including terms regulating the contracting of work, will
remain in full force and effect according to their terms for work
performed by the railroad on the railroad transportation corridor; and
an assurance that the grantee complies with liability requirements
consistent with 49 U.S.C. 28103. For additional guidance, see the FRA
Answers to Frequently Asked Questions about Rail Improvement Grant
Conditions under 49 U.S.C. 22905(c)(1): <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>.
iv. SF 424--Application for Federal Assistance.
v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.

[[Page 42587]]

vii. FRA F30--Certification Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at <a href="https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters">https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters</a>.
viii. FRA F251--Applicant Financial Capability Questionnaire,
located at <a href="https://railroads.dot.gov/elibrary/fra-f-251">https://railroads.dot.gov/elibrary/fra-f-251</a>.
ix. SF LLL--Disclosure of Lobbying Activities.
C. Post-Selection Requirements
See Section F(2) of this notice for post-selection requirements.

3. Unique Entity Identifier and System for Award Management (SAM)

To apply for funding through <a href="http://Grants.gov">Grants.gov</a>, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration all as described in detail below.
Complete instructions on how to register and submit an application can
be found at <a href="http://www.Grants.gov">www.Grants.gov</a>. Registering with <a href="http://Grants.gov">Grants.gov</a> is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable SAM requirements, and if an applicant
has not fully complied with the requirements by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
Federal award and use that determination as a basis for making a
Federal award to another applicant. Late applications, including those
that are the result of a failure to register or comply with <a href="http://Grants.gov">Grants.gov</a>
applicant requirements in a timely manner, will not be considered. If
an applicant has not fully complied with the requirements by the
submission deadline, the application will not be considered. To submit
an application through <a href="http://Grants.gov">Grants.gov</a>, applicants must follow the
directions in Section D(3)(c).
a. Register With the SAM at <a href="http://www.SAM.gov">www.SAM.gov</a>
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in <a href="http://Grants.gov">Grants.gov</a>. The SAM
database is the repository for standard information about Federal
financial assistance applicants, grantees, and subrecipients.
Organizations that have previously submitted applications via
<a href="http://Grants.gov">Grants.gov</a> are already registered with SAM, as it is a requirement for
<a href="http://Grants.gov">Grants.gov</a> registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a grantee's immediate and
highest-level owner and subsidiaries, as well as on all predecessors
that have been awarded a Federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at <a href="http://www.SAM.gov">www.SAM.gov</a>.
b. Obtain a Unique Entity Identifier
On April 4, 2022, the Federal Government discontinued using DUNS
numbers. The DUNS Number was replaced by a new, non-proprietary
identifier that is provided by the System for Award Management
(<a href="http://SAM.gov">SAM.gov</a>). This new identifier is called the Unique Entity Identifier
(UEI), or the Entity ID. To find or request a Unique Entity Identifier,
please visit <a href="http://www.SAM.gov">www.SAM.gov</a>.
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/applicants/applicant-registration">https://www.grants.gov/applicants/applicant-registration</a>.
d. Acquire Authorization for Your AOR From the E-Business Point of
Contact
The E-Biz POC at the applicant's organization must respond to the
registration email from <a href="http://Grants.gov">Grants.gov</a> and login at <a href="http://www.Grants.gov">www.Grants.gov</a> to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This
NOFO
If an applicant has trouble at any point during this process,
please call the <a href="http://Grants.gov">Grants.gov</a> Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: <a href="https://www.grants.gov/support">https://www.grants.gov/support</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 11:59 p.m. Eastern Time, July 15, 2024. Applicants will
receive a system-generated acknowledgement of receipt. FRA reviews
<a href="http://Grants.gov">Grants.gov</a> information on dates/times of applications submitted to
determine timeliness of submissions. Late applications will be neither
reviewed nor considered, no exceptions. To apply for funding under this
announcement, all applicants are required to be registered as an
organization with <a href="http://Grants.gov">Grants.gov</a>. Applicants are strongly encouraged to
apply early to ensure all materials are received before this deadline.
To ensure a fair competition of limited discretionary funds, no
late submissions will be reviewed for any reason, including: (1)
failure to complete the <a href="http://Grants.gov">Grants.gov</a> registration process before the
deadline; (2) failure to follow <a href="http://Grants.gov">Grants.gov</a> instructions on how to
register and apply as posted on its website; (3) failure to follow all
the instructions in this NOFO; and (4) technical issues experienced
with the applicant's computer or information technology environment.

5. Intergovernmental Review

Intergovernmental Review is required for this program. Applicants
must contact their State Single Point of Contact to comply with their
State's process under Executive Order 12372.

6. Funding Restrictions

Consistent with 2 CFR 200.458, as applicable, FRA will only approve
pre-award costs if such costs are incurred pursuant to the negotiation
and in anticipation of the grant agreement and if such costs are
necessary for efficient and timely performance of the scope of
work.\22\ Under 2 CFR 200.458, grant recipients must seek written
approval from FRA for pre-award activities to be

[[Page 42588]]

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.
---------------------------------------------------------------------------

\22\ For more information on pre-award costs under this program,
see FRA Answers to Frequently Asked Questions about Pre-Award
Authority, available at: <a href="https://railroads.dot.gov/sites/fra.dot.gov/files/2023-03/2023-03-06%20FSP%20NEC%20Pre-Award%20FAQ_PDFa.pdf">https://railroads.dot.gov/sites/fra.dot.gov/files/2023-03/2023-03-06%20FSP%20NEC%20Pre-Award%20FAQ_PDFa.pdf</a>.
---------------------------------------------------------------------------

FRA may consider interest and other financing costs of efficiently
carrying out a part of the project within a reasonable time as eligible
if the applicant demonstrates reasonable diligence in seeking the most
favorable financing terms and provides a certification to that effect
as required in 49 U.S.C. 24911(g)(2)(C)(iii). Interest and financing
costs must meet the requirements specified in 2 CFR part 200, including
section 2 CFR 200.449 to be considered eligible.
Applicants should be aware that, for a partially funded project,
depending upon applicable Federal law and the relationship among FSP-
funded and non-FSP funded project portions, the FSP award may cause
non-FSP funded portions to be subject to Federal requirements as
described in Section F(2). For example, the NEPA review for the FSP-
funded project component may need to include evaluation of all project
components as connected, similar, or cumulative actions.

7. Other Submission Requirements

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. Completeness and Eligibility Criteria
FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in Section C of this
notice), completeness (application documentation and submission
requirements are outlined in Section D of this notice), and non-Federal
match requirements (outlined in Section C(2) of this notice).
For projects that have a shared benefit to intercity and commuter
rail services, FRA will determine whether Amtrak and the public
authorities providing Commuter Rail Passenger Transportation at the
eligible project location are in compliance with 49 U.S.C. 24905(c)(2)
and have identified funding for the intercity passenger rail share, the
commuter rail share, and the local share of the eligible project before
the commencement of the project. Applicants must identify these shares
for the Lifecycle Stage(s) for which they are seeking funding (for
example, an application seeking funding for Project Development must
identify funding shares only for the Project Development Lifecycle
Stage and not for the FD and Construction stages of the same project).
Then, FRA will determine whether the proposed project in each
eligible and complete application is consistent with the 2024 Inventory
and, if not, whether there has been a material change to infrastructure
or service conditions, changes in Project Sponsor capabilities or
commitments, or other significant changes since publication of the 2024
Inventory, consistent with 49 U.S.C. 24911(d)(1)(A). FRA will review
whether the Project Sponsor, Funding Need, Lifecycle Stage and
Schedule, and Scope as provided in the submitted application are
consistent with the 2024 Inventory. Project Sponsors must explain
changes or inconsistencies between the 2024 Inventory and their
submitted application to ensure compliance. For this criterion, FRA
will use the rubric rating defined below in evaluating the degree to
which applications are responsive to the criteria.

Eligibility Criteria Rating--NEC Project Inventory Consistency
[For the Inventory consistency criteria described in Section E(1)(A), FRA will evaluate the application's
responsiveness to the criteria and the merit of the response, including an assessment of supporting
justifications, and assign an Inventory consistency rating.]
----------------------------------------------------------------------------------------------------------------
Inconsistent Minimally consistent Highly consistent
----------------------------------------------------------------------------------------------------------------
Project does not appear on the most Project appears on the most recently Project appears on the most recently
recently published NEC Project published NEC Project Inventory. published NEC Project Inventory.
Inventory. One or more of the Project Sponsor, The Project Sponsor, Funding Need,
Funding Need, Lifecycle Stage, Lifecycle Stage, Schedule, and
Schedule, or Scope is inconsistent Scope are consistent with the
with the Inventory, and there is Inventory or are inconsistent, but
limited or no information to sufficient and reasonable
justify or explain the change. information to justify or explain
the change has been provided.
----------------------------------------------------------------------------------------------------------------

Applications that are determined to be incomplete, that describe an
ineligible applicant or project, that describe an insufficient non-
Federal share, or receive a rating of ``Inconsistent'' on the above
rubric are ineligible and will not proceed to the Evaluation Review
Phase.
B. Merit Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine project
readiness, technical merit, and project outcomes.
i. Project Readiness
In evaluating project readiness, FRA will evaluate project risk
based on the applicant's preparedness and capacity to implement the
proposed project, including whether the applicant is reasonably
equipped to begin the capital or planning project in a timely manner to
meet its proposed schedule. FRA will evaluate whether the applicant is
able to meet project milestones and use Federal funds efficiently to
deliver the proposed project.\23\
---------------------------------------------------------------------------

\23\ Additional information on DOT's Project Readiness checklist
can be found here: <a href="https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants">https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants</a>.
---------------------------------------------------------------------------

FRA will evaluate the application for the degree to which--
a. The application demonstrates environmental readiness, evidenced
by the status of required NEPA actions and environmental permitting
readiness (if applicable);
b. The application demonstrates that the project has completed or
will complete any preceding Lifecycle Stage(s) and the project is able
to complete all requirements of the proposed Lifecycle Stage(s) with
the requested funding;
c. Project partner coordination and commitments are secured or able
to be secured without undue delay;
d. The status and timeline of agreements, including the agreement
required under 49 U.S.C. 22905(c)(1), Cost Share Agreements, and other
agreements necessary for the legal, financial, and technical capacity
to complete the project, are sufficiently

[[Page 42589]]

developed for the proposed project Lifecycle Stage;
e. The applicant demonstrates financial readiness, including
commitment of funds for proposed non-Federal matching sources in the
form of cost sharing agreements or signed financial commitment letters.
f. The application demonstrates an understanding of the risk, if
any, related to force account, the force account impact on project
implementation, and the coordination and planning required to mitigate
those risks; and
g. The application demonstrates an understanding of track outages
needed to complete the proposed Lifecycle Stage(s), if any, and that
related systems to manage track outage needs are sufficiently advanced.
ii. Technical Merit
In evaluating technical merit, FRA will evaluate the degree to
which the application, statement of work, schedule, and budget are
reasonable and appropriate to achieve the expected outcomes, commit the
necessary resources and workforce to deliver the project, and the
proposed project elements that are appropriate for the project funding
request. FRA will also consider applicant risk, including the
applicant's past performance in developing and delivering similar
projects. FRA will evaluate application information for the degree to
which--
a. The tasks and subtasks outlined in the SOW are appropriate to
achieve the expected outcomes of the proposed project;
b. 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 execute the proposed project fully and
successfully within the proposed time frame and budget. Discussion of
applicant qualifications should include experience in managing similar
projects and specifically address the considerations in 2 CFR
200.206(b); and
c. The applicant has, or will have the legal, financial, and
technical capacity to carry out the proposed project, to retain
satisfactory continuing access over the use of the equipment or
facilities, and the capability and willingness to maintain the
equipment or facilities.
iii. Project Outcomes
The NEC is the busiest passenger railroad in the United States. As
such, projects located on the NEC and included in the NEC Project
Inventory provide a wide range of project outcomes that benefit
intercity passenger rail service. Within this context, in evaluating
project outcomes under this notice, FRA will focus on the extent to
which the project will reasonably:
a. Bring assets into a State of Good Repair and reduce the NEC's
State of Good Repair backlog;
b. Improve intercity passenger rail service performance by
increasing operating speeds in the project area; and
c. Improve intercity passenger rail service performance by reducing
infrastructure-related delays in the project area.
Comprehensive and accurate submission of the requested project
outcome data (in the form provided in table 4 of section D(2)(a)) will
afford FRA the best opportunity to evaluate a proposed project's
projected outcomes, and such responses will be foundational to FRA's
assessment of project outcomes.
While FRA has identified these three outcomes as priorities for
this NOFO, Project Sponsors are encouraged to identify any further
outcomes and benefits of their proposed projects. Project Sponsors are
especially encouraged to identify any benefits and outcomes that align
with the Administration priorities described under Selection Criteria,
below.
For each of the merit criteria, FRA will use the rubric ratings
defined below in evaluating the degree to which applications are
responsive to the criteria.

Merit Criteria Ratings--Project Readiness
[For the project readiness criteria described in Section E(1)(B)(i), FRA
will evaluate the application's responsiveness to the criteria and the
merit of the response, including an assessment of supporting
justifications, and assign a cumulative project readiness risk rating.]
------------------------------------------------------------------------
Unacceptable High risk Medium risk Low risk
------------------------------------------------------------------------
Application Application Application Application
provides limited provides provides provides
or no insufficient sufficient thorough and
information information to information to complete
necessary to assess the assess the information and
assess the project against project against evidence to
project against the project the readiness assess the
the project readiness criteria; project against
readiness criteria; application the project
criteria; application does demonstrates readiness
application does not demonstrate support, criteria
not demonstrate sufficient progress, or demonstrates
support, support, completion of strong support,
progress, or progress, or one or more progress, or
completion of completion of required completion of
required required Lifecycle Stage required
Lifecycle Stage Lifecycle Stage prerequisites Lifecycle Stage
prerequisites; prerequisites but indicates prerequisites,
or application and indicates some risk to indicates
indicates one or risk to advancing the minimal risk to
more significant advancing the project in a advancing the
barriers that project without timely manner; project in a
would prevent foreseeable and the timely manner,
project delays; or application and application
delivery. application does not does not
indicates a indicate a indicate a
barrier that barrier that barrier that
would likely would likely would likely
prevent project prevent project prevent project
delivery. delivery. delivery.
------------------------------------------------------------------------

Merit Criteria Ratings--Technical Merit
For the technical merit criteria described in Section E(1)(B)(ii), FRA
will evaluate the application's responsiveness to the criteria and the
merit of the response, including an assessment of supporting
justifications, and assign a cumulative technical merit rating.]
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
provides limited contains provides provides
or no insufficient sufficient thorough and
information information to information and complete
necessary to assess the evidence to information and
assess the project against assess the evidence to
project against one or more of project against assess the
the technical the technical the technical project against
merit criteria, merit criteria, merit criteria the technical
or application or application and merit criteria
demonstrates one demonstrates demonstrates and
or more technical that the sufficiently
significant challenges that applicant can demonstrates
technical could affect deliver the that the
challenges that project delivery project with project can be
would prevent but not prevent minimal successfully
the applicant the applicant technical delivered by
from delivering from delivering challenges. the applicant.
the project. the project.
------------------------------------------------------------------------

[[Page 42590]]

Merit Criteria Ratings--Project Outcomes
[For the project outcomes criteria described in section E(1)(B)(iii),
FRA will evaluate the application's responsiveness to the criteria and
the merit of the response, including an assessment of supporting
justifications, and assign a cumulative Project Outcomes rating.]
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
provides limited contains provides provides
or no insufficient sufficient thorough and
information information to information to complete
necessary to assess the assess the information and
assess the project against project against evidence to
project against the project the project assess the
the project outcomes outcomes project against
outcomes criteria or does criteria and the project
criteria or not demonstrate adequately outcomes
demonstrates that the project demonstrates criteria and
that the project will achieve all that the sufficiently
will not result of its intended project will demonstrates
in State of Good State of Good likely achieve that the
Repair, higher Repair, higher State of Good project will
operating speed, operating speed, Repair, higher achieve one or
or or operating more
infrastructure infrastructure speed, or significant
delay reduction delay reduction infrastructure State of Good
outcomes. outcomes. delay reduction Repair, higher
outcomes. operating
speed, or
infrastructure
delay reduction
outcomes.
------------------------------------------------------------------------

C. Selection Criteria
After completing the evaluation criteria review, FRA will apply the
selection preferences described in Section E(1)(C)(i), consider the
Administration priorities described in Section E(1)(C)(ii), and compare
the applicant's proposed Federal share to the Funding Considerations
described in Section E(1)(C)(iii).
i. Program Preferences
FRA will apply program preferences in the order of priority listed
below:
a. Major Backlog Projects; then
b. Capital Renewal, Improvement, and Station projects that are:
i. In or entering the Construction Lifecycle Stage; then
ii. In or entering the Final Design Lifecycle Stage; then
iii. In or entering the Planning or Project Development Lifecycle
Stages; and
c. Within each of the Lifecycle Stages above, Capital Renewal,
Improvement, and Station projects that exhibit one or more of the
following features:
i. Reduction in the NEC's State of Good Repair backlog;
ii. Demonstration of likelihood of significant Intercity Passenger
Rail outcomes; and
iii. Require a Federal share of less than 80 percent of the Total
Project Cost; then
d. Planning Studies.\24\
---------------------------------------------------------------------------

\24\ While these program preferences align with the 2024
Inventory, applications received by FRA through this NOFO may result
in a selection of projects that differs from the sequence that
appears on the 2024 Inventory.
---------------------------------------------------------------------------

ii. Administration Priorities
FRA will consider the extent to which projects achieve and are
responsive to the following key Administration priorities:
Safety: FRA will assess the project's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Department's strategic goal to reduce transportation-related
fatalities and serious injuries across the transportation system. Such
considerations will include, but are not limited to, the extent to
which the project improves and upgrades infrastructure to achieve a
higher level of safety, provides substantial safety benefits compared
to existing conditions and uses an appropriately trained workforce.
Overall, FRA expects that projects will provide positive safety
benefits for all users and not negatively impact safety for all users.
Climate Change and Sustainability: FRA will assess the project's
ability to reduce the harmful effects of climate change and anticipate
necessary improvements to prepare for extreme weather events. Such
considerations may include, but are not limited to, the extent to which
the project reduces emissions, promotes energy efficiency, increases
resiliency, incorporates evidence-based climate resilience measures or
features, and avoids adverse environmental impacts to air or water
quality, wetlands, and endangered species. Projects that lead to a
significant reduction of emissions resulting from rehabilitating,
remanufacturing, procuring, and overhauling a locomotive meet the
objective of this priority.
Applicants are encouraged to use the DOT Navigator Climate
checklist (<a href="https://www.transportation.gov/grants/dot-navigator/checklist-strong-climate-change-mitigation-adaptation-and-resilience-grant">https://www.transportation.gov/grants/dot-navigator/checklist-strong-climate-change-mitigation-adaptation-and-resilience-grant</a>) in responding to this criterion. Applications that are rated
highly on this criterion will be those that use data-driven and
evidence-based methods to demonstrate that the project will:
<bullet> Significantly reduce greenhouse gas (GHG) emissions in the
transportation sector; and
<bullet> Incorporate evidence-based climate resilience measures or
features, including those that advance objectives in the National
Climate Resilience Framework (<a href="https://www.whitehouse.gov/wp-content/uploads/2023/09/National-Climate-Resilience-Framework-FINAL.pdf">https://www.whitehouse.gov/wp-content/uploads/2023/09/National-Climate-Resilience-Framework-FINAL.pdf</a>).
Equity and Justice40: FRA will assess elements including how the
project will create positive outcomes that will reduce, mitigate, or
reverse how a community is experiencing disadvantages through
increasing affordable transportation options, improving health or
safety, reducing pollution, connecting Americans to good-paying jobs,
fighting climate change, and/or improving access to nature, resources,
transportation or mobility, and quality of life. FRA will consider the
benefits and potential burdens a project may create, who would
experience them and how the benefits and potential burdens will impact
disadvantaged communities.
Applicants should use the Climate and Economic Justice Screening
Tool (CEJST) as the primary tool to identify disadvantaged communities
(Justice40 communities).\25\ Applicants are strongly encouraged to use
the USDOT Equitable Transportation Community (ETC) Explorer to
understand how their community or project area is experiencing
disadvantage related to lack of transportation investments or
opportunities. Through understanding how a community or project area is
experiencing transportation-related disadvantage, applicants are able
to address how the benefits of a project will reverse or mitigate the
burdens of disadvantage and demonstrate how the

[[Page 42591]]

project will address challenges and accrue benefits.
---------------------------------------------------------------------------

\25\ Established by Executive Order 14008 on Tackling the
Climate Crisis at Home and Abroad, the Justice40 Initiative sets a
goal that 40% of the overall benefits of certain Federal investments
in climate, clean energy, and other areas flow to disadvantaged
communities that are marginalized by underinvestment and
overburdened by pollution. Pursuant to M-21-28 and M-23-09, issued
by the White House Office of Management and Budget, White House
Council on Environmental Quality, and White House Office of Domestic
Climate Policy, USDOT recognizes disadvantaged communities as the
census tracts that are identified as disadvantaged by the CEJST, as
well as all Federally Recognized Tribes and Tribal entities.
---------------------------------------------------------------------------

Applicants are strongly encouraged to use the FRA's Justice40 Rail
Explorer Tool, (<a href="https://usdot.maps.arcgis.com/apps/webappviewer/index.html?id=fd9810f673b64d228ae072bead46f703">https://usdot.maps.arcgis.com/apps/webappviewer/index.html?id=fd9810f673b64d228ae072bead46f703</a>) to identify the rail
infrastructure in their project and features of the surrounding
community as the basis of their assessment. The FRA Justice40 Rail
Explorer Tool is a rail-specific complement to the USDOT ETC Explorer
and leverages the same methodology and metrics. The FRA Justice40 Rail
Explorer Tool provides GIS information on existing rail infrastructure,
communities, and pollution levels based on the proposed project's
location, and applicants can thus use this tool to note how their
project location scores across several different measures.
Transportation disadvantaged communities experience burden, as a result
of underinvestment in transportation, in the following five components:
Transportation Insecurity, Climate and Disaster Risk Burden,
Environmental Burden, Health Vulnerability, and Social Vulnerability.
Workforce Development, Job Quality, and Wealth Creation: FRA will
assess how the project will create good-paying, safe jobs with free and
fair choice to join a union including through the use of a project
labor agreement, promote investments in high-quality workforce
development programs, adopt local and economic hiring preferences for
the project workforce, and promote local inclusive economic and
entrepreneurship programs.
For Administration priorities, FRA will consider the application's
responsiveness to the criteria, and will provide a rating of ``Non-
responsive, ``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as
described in the rubric below. Applicants should provide a response for
each Administrative Priority addressed by their proposed project.
Applicants do not need to respond to an Administration Priority if it
is not applicable to their proposed project.

Administration Priorities
[For the Administration priorities Criteria described in Section
E(1)(C)(ii), FRA will consider the application's responsiveness to the
criteria, including an assessment of supporting justifications.]
------------------------------------------------------------------------
Highly
Non-responsive Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
contains contains limited contains contains
insufficient information that sufficient thorough and
information to is supported by information, complete
assess the some evidence, that is information,
project against but primarily adequately that is
any of the described supported by strongly
Administration qualitatively, both supported by
Priorities, or that the project quantitative both
project is is consistent and qualitative quantitative
inconsistent with at least evidence, that and qualitative
with one or more one of the the project has evidence, that
of the Administration clear and the project has
Administration priorities. direct benefits clear, direct,
priorities. in at least one and significant
of the benefits in one
Administration or more of the
priority areas. Administration
priority areas
and is not
inconsistent
with any of the
Administration
priorities.
------------------------------------------------------------------------

iii. Funding Considerations
In determining FSP Program funding allocations, FRA will fund Major
Backlog Projects at up to 80 percent of the Funding Need. FRA will
generally fund Capital Renewal, Improvement, and Station projects
applying under this notice between 50 and 80 percent of the Funding
Need. For Capital Renewal, Improvement and Station projects, FRA will
consider a higher Federal share, within this range, to the extent such
projects:
(A) Bring assets supporting Intercity Passenger Rail service into a
State of Good Repair; and
(B) Demonstrate likelihood of significant Intercity Passenger Rail
outcomes.
FRA encourages applicants to incorporate these funding
considerations in preparing their applications and developing their
proposed FSP funding requests and non-Federal share amounts.
Upon completion of all reviews, FRA will finalize an Overall Rating
for each application. This rating will be a combination of the results
of the Inventory consistency review, the three merit criteria reviews,
specifically, project readiness, technical merit, and project outcomes
criteria ratings as described in Sections E(1)(B)(i)-E(1)(B)(iii), and
the Administration priorities as described in Section E(1)(C)(ii).
Provided in the Overall Rating rubric below, each rating has defined
parameters to which each application will be assessed.

Overall Rating
------------------------------------------------------------------------
Highly
Not recommended Acceptable Recommended recommended
------------------------------------------------------------------------
Application Application Application Application
received an received an received an received an
overall score of overall score of overall score overall score
unacceptable acceptable based of recommended of highly
based on on Inventory based on recommended
Inventory consistency, Inventory based on
consistency, project consistency, Inventory
project readiness, project consistency,
readiness, technical merit, readiness, project
technical merit, and project technical readiness,
and project outcomes ratings merit, and technical
outcomes ratings and project merit, and
and consideration of outcomes project
consideration of Administration ratings and has outcomes
Administration priorities. clear and ratings and has
priorities. direct benefits clear, direct,
in one of the and significant
Administration benefits in one
priorities. or more of the
Administration
priorities.
------------------------------------------------------------------------

The evaluation process may draw upon subject matter experts within
FRA whose expertise is relevant to understanding the application's
responsiveness to the program criteria, such as assessing the
applicant's capacity to successfully deliver the project in compliance
with applicable Federal requirements based on factors including, but
not limited to, the recipient's experience working with Federal
agencies, previous experience with DOT discretionary grant awards and/
or the technical experience and resources dedicated to the project.
Finally, in determining the allocation of program funds, FRA may
also consider geographic diversity, diversity in the size of the
systems receiving

[[Page 42592]]

funding, and the applicant's receipt of other competitive awards.

2. Review and Selection Process

FRA will conduct a five-part application review process, as
follows:
i. Intake and Eligibility Phase: Screen applications for applicant
and project eligibility, completeness, and the minimum non-Federal
share; evaluate eligible and complete applications against the
eligibility criteria (Inventory consistency; phase completed by the
Evaluation Management and Oversight Team (EMOT), comprised of FRA
program review directors who manage the pre-award process).
ii. Evaluation Review Phase: Evaluate applications successfully
passing through Intake and Eligibility Reviews against the merit
criteria (project readiness, technical merit, and project outcomes)
specified in this notice and the applicant's ability (based on past
performance) to develop and deliver similar projects, as well as
alignment with the Administration priorities. This phase is completed
by technical merit, environmental risk, and NEC impact review panels
consisting of FRA and other DOT staff. The EMOT will compile the
results of the Evaluation Review Phase consistent with the FSP Program
selection preferences. After considering all FRA reviews under the
criteria, applications will be assigned an overall rating of ``Highly
Recommended,'' ``Recommended,'' ``Acceptable,'' or ``Not Recommended.''
iii. Steering Committee Phase: The Steering Committee is comprised
of Senior Directors with the Office of Railroad Development and may
also include senior leadership from the Railroad Office of Safety and
other relevant departments. The EMOT briefs the Steering Committee on
all rated applications, consistent with the prioritization reflected on
the NEC Project Inventory, and the Steering Committee may request more
information from FRA offices whose expertise may be relevant. The
Steering Committee provides strategic direction, in line with program
goals outlined in this NOFO, on the development of funding scenario
materials, including LOI and PFA recommendations for Highly Rated
projects, and approach for the Senior Review Team (SRT) briefing.
iv. Senior Review Phase: The SRT will review, apply selection
criteria, and recommend initial selection of projects and LOI/PFAs for
the FRA Administrator's review. The SRT may include senior leadership
from the Office of the Secretary and FRA.
v. Selection and Award Phase: The FRA Administrator selects awards
for the Secretary's or his designee's review and approval and announces
selections.

3. Reporting Matters Related to Integrity and Performance

Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold of $250,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), FRA will review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
See 41 U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notice

FRA will announce applications selected for funding in a press
release and on FRA's website after the application review period. This
announcement is FRA's notification to successful and unsuccessful
applicants alike. Following this announcement, FRA will contact the
point of contact listed in the SF 424 to initiate negotiation of a
project-specific agreement. This notification is not an authorization
to begin proposed project activities. FRA requires satisfaction of
applicable requirements by the applicant and a formal agreement signed
by both the grantee and the FRA, including an approved scope, schedule,
and budget, before obligating the grant.

2. Administrative and National Policy Requirements

In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees of funds must
comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; the
conditions of performance, nondiscrimination requirements, and other
assurances made applicable to the award of funds in accordance with
regulations of DOT; and applicable Federal financial assistance and
contracting principles promulgated by the Office of Management and
Budget. In complying with these requirements, grantees, in particular,
must ensure that no concession agreements are denied, or other
contracting decisions made on the basis of speech or other activities
protected by the First Amendment. If DOT determines that a grantee has
failed to comply with applicable Federal requirements, DOT may
terminate the award of funds and disallow previously incurred costs,
requiring the grantee to reimburse any expended award funds.
Examples of administrative and national policy requirements
include: procurement standards at 2 CFR part 200 subpart D, 2 CFR
1201.317, 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; ADA
requirements; safety requirements; NEPA, including consideration of
environmental justice requirements; and compliance with 49 U.S.C. 24905
for the duration of NEC Projects. Unless otherwise stated in statutory
or legislative authority, or appropriations language, all financial
assistance awards follow the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards at 2 CFR part 200
and 2 CFR part 1201.
Assistance under this NOFO is subject to the grant conditions in 49
U.S.C. 22905, including protective arrangements that are equivalent to
the protective arrangements established under section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836) with respect to employees affected by actions taken in connection
with the project to be financed in whole or in part by grants subject
to 49 U.S.C. 22905, the provision deeming operators rail carriers and
employers for certain purposes, and grantee agreements with railroad
right-of-way owners for projects using railroad rights-of-way (see
Section D(2)(a)).\26\
---------------------------------------------------------------------------

\26\ More information on labor protections can be found here:
<a href="https://railroads.dot.gov/elibrary/equivalent-labor-protections">https://railroads.dot.gov/elibrary/equivalent-labor-protections</a>.
---------------------------------------------------------------------------

Projects must sufficiently consider climate change and
environmental justice in their planning, as determined by FRA and
consistent with core policy goals of assessing these potential impacts.
For example, see Executive

[[Page 42593]]

Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR
7619) and Executive Order 14096, Revitalizing Our Nation's Commitment
to Environmental Justice for All (88 FR 25251). In the grant agreement,
recipients will be expected to describe activities they have taken or
will take prior to obligation of Construction funds that addresses
climate change and environmental justice. Activities that address
climate change include, but are not limited to, demonstrating the
project will result in significant GHG emissions reductions; the
project supports GHG emissions reductions goals in a Local/Regional/
State plan; the project improves disaster preparedness and resilience;
the project incorporates resilience in its design; 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 environmental
justice may include, but are not limited to: basing project design on
consideration of community impacts; information gained from screening
tools such as CEJST, EPA's EJ Screen, or another appropriate
environmental and community impact tool developed by a State agency;
conducting enhanced, targeted outreach to potentially affected
communities, including disadvantaged communities; considering
environmental justice in alternatives analysis and final project
design; and supporting a modal shift in freight or passenger movement
to reduce GHG emissions or reduce induced travel demand.
Projects must consider and address equity and barriers to
opportunity in their planning, as determined by FRA and 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 it has taken or will take prior to obligation of
Construction funds that addresses equity and barriers to opportunity.
These activities may include, but are not limited to: completing an
equity impact analysis for the project; completing a community needs
assessment; 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 and wealth building
opportunities for underserved, overburdened, or rural communities; or
addressing historic or current inequitable air pollution or other
environmental, health, or economic burdens and impacts.
To the extent that applicants have not sufficiently considered job
quality and labor rights in their planning, as determined by the
Department of Labor, 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, including project labor agreements,
local hire agreements, 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 underrepresented groups, and proactive
plans to prevent harassment. (See Article 11 of FRA's Attachment 2:
Project-Specific Terms and Conditions for a list of project activities
that address efforts to support good-paying jobs and strong labor
standards, available at: <a href="https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf">https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf</a>).
a. Federal Contract Compliance
As a condition of grant award and consistent with Executive Order
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. Under Section 503 of the Rehabilitation Act of 1973 and its
implementing regulations, affirmative action obligations for certain
contractors include an aspirational employment goal of 7 percent
workers with disabilities.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, Section 503 of the Rehabilitation Act, and the Vietnam Era
Veterans' Readjustment Assistance Act of 1974. 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. 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.
All expenses incurred for an FSP funded project on the 2024
Inventory must comply with FSP requirements. If a Project Sponsor
incurs any costs for a project that is on the NEC Project Inventory,
the Project Sponsor must ensure compliance with FSP program
requirements to receive FSP funding, regardless of whether the cost is
funded by the FSP program, because it is part of the project that is on
the Inventory. If the Project Sponsor is unable to bring any components
of the project into compliance with FSP Program requirements, the
applicant must define a component project, consistent with requirements
outlined in Section C(3)(b), for the use of FSP funding and demonstrate
a reduction of the Total Project Cost (commensurate with the cost of
the non-compliant component) from the Funding Need depicted for the
project in the 2024 Inventory.
b. Critical Infrastructure Security Cybersecurity and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against all hazards,
including physical and cyber risks, consistent with Presidential Policy
Directive 21--Critical Infrastructure Security and Resilience, and the
National Security Memorandum (NSM-5) on Improving Cybersecurity for
Critical Infrastructure Control Systems. Each applicant selected for
Federal funding 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

[[Page 42594]]

appropriately considered and addressed physical and cyber security and
resilience in their planning, design, and project oversight, as
determined by the Department and the Department of Homeland Security,
will be required to do so before receiving funds.
c. Domestic Preference Requirements
As expressed in Executive Order 14005, Ensuring the Future Is Made
in All of America by All of America's Workers (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Funds made available under this notice are subject
to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy
America) and the Build America, Buy America Act, Pub. L. 117-58, 70901-
52. The Department expects all applicants to comply with the applicable
domestic preference requirements. However, Major Capital Project
applicants should include a domestic sourcing plan that provides
details on the extent to which the materials covered by the plan are to
be imported and the extent to which such materials can be sourced
domestically. Applicants should also provide an explanation in the plan
of the number of domestic jobs, temporary and permanent, that will be
generated by the project and outline a plan to transition any foreign
labor responsibilities to domestic jobs. Major Capital Project
applicants may also request a waiver from certain Buy America
requirements along with the domestic sourcing plan.
d. Civil Rights and Title VI
As a condition of a grant award, grant recipients must 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, and Section 504 of the Rehabilitation
Act, all other civil rights requirements, and accompanying regulations.
This should include a current title VI plan, completed Community
Participation Plan, and a plan to address any legacy infrastructure or
facilities that are not compliant with ADA standards. DOT's and FRA's
Offices of Civil Rights will work with awarded grant recipients to
ensure full compliance with Federal civil rights requirements.
e. Project Signage and Public Acknowledgements
As a condition of grant award, for Construction and non-
Construction projects, recipients may be required to post project
signage and to include public acknowledgments in published and other
collateral materials (e.g., press releases, marketing materials,
website, etc.) satisfactory in form and substance to DOT, that
identifies the nature of the project and indicates that ``the project
is funded by the Bipartisan Infrastructure Law.'' In addition,
recipients employing project signage are required to use the official
Investing in America emblem in accordance with the Official Investing
in America Emblem Style Guide. Costs associated with signage and public
acknowledgments must be reasonable and limited. Signs or public
acknowledgments should not be produced, displayed, or published if
doing so results in unreasonable cost, expense, or recipient burden.
Recipients are encouraged to use recycled or recovered materials when
procuring signs.

3. Reporting

a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly Federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring and
close out requirements. Reports may be submitted electronically.
Pursuant to 2 CFR 170.210, non-Federal entities applying under this
NOFO must have the necessary processes and systems in place to comply
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350. If the total
value of a selected applicant's currently active grants, cooperative
agreements, and procurement contracts from all Federal awarding
agencies exceeds $10,000,000 for any period of time during the period
of performance of this Federal award, then the applicant must maintain
the information reported to SAM and ensure that is made available in
the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about
civil, criminal, or administrative proceedings described in paragraph 2
of this award term and condition. This is a statutory requirement under
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted
in the designated integrity and performance system on or after April
15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.
c. Performance and Program Evaluation
Recipients and sub-recipients 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 the effectiveness of their projects
and strategies. 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
sub-recipients 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'' (codified at 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, evaluation expenses are allowable costs
(either as direct or indirect), unless prohibited by statute or
regulation, and such expenses 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 the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives. Examples of some rail performance measures are listed
in the table below. The applicable measure(s) will depend upon the type
of project. Applicants requesting funding for rolling stock must
integrate at least one equipment/rolling stock performance measure,
consistent with the grantee's application materials and program goals.

[[Page 42595]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary Secondary
Rail measures Unit measure Measurement period Measurement administration administration Description
frequency priority priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles............... Miles............. .................. Quarterly........ Workforce Safety............... The number of
Development, Job miles per
Quality, and quarter within
Wealth Creation. 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.
Gross Ton...................... Gross Tons........ .................. Quarterly........ Workforce ..................... The annual gross
Development, Job tonnage of
Quality, and freight shipped
Wealth Creation. 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............. .................. Quarterly........ Workforce Safety............... The number of
Development, Job automobile
Quality, and crossings that
Wealth Creation. are eliminated
at an at-grade
crossing as a
result of a new
grade
separation.
Equity in Contracting.......... Count of small Duration of the Annual........... Equity............ ..................... Contracting with
businesses Project socially
contracted. Performance disadvantaged
Period. business
enterprises, and
labor surplus
area firms (each
a ``Small
Business'') for
the Project].
Justice40...................... Health, Duration of the Annual........... Environmental Public Health........ Any benefits the
environmental and Project Justice. project is
other benefits. Performance expected to
Period and/or deliver to
Beyond. improve the
health, safety,
environment and/
or well-being of
disadvantaged
communities.
Fuel Savings/Emissions......... Gallons........... .................. Annual........... Climate Change and ..................... The total gallons
Sustainability. of fuel saved as
a result of
rehabilitating,
remanufacturing,
procuring, or
overhauling
locomotives.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

G. Federal Awarding Agency Contacts

For further information concerning this notice, please contact the
FRA NOFO Support program staff via email at <a href="/cdn-cgi/l/email-protection#35736774187b7a737a18664045455a474175515a411b525a43">[email&#160;protected]</a>.
If additional assistance is needed, you may contact Mr. Bryan Rodda in
FRA's Office of Amtrak and Northeast Corridor Program Delivery by email
at <a href="/cdn-cgi/l/email-protection#3577474c545b1b675a51515475515a411b525a43">[email&#160;protected]</a> or telephone: 202-557-0206; or Mr. Sergio
Coronado in FRA's Office of Rail Program Development by email at
<a href="/cdn-cgi/l/email-protection#de8dbbacb9b7b1f09db1acb1b0bfbab19ebab1aaf0b9b1a8">[email&#160;protected]</a> or telephone: 617-571-1213.

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 which sets forth
rules for FRA to make requested materials, information, and records
publicly available under the FOIA. Unless prohibited by law and to the
extent permitted under the FOIA, contents of application and proposals
submitted by successful applicants may be released in response to FOIA
requests. In addition, following the completion of the selection
process and announcement of awards, FRA may publish a list of all
applications received along with the names of the applicant
organizations and funding amounts requested. Except for information
withheld under the previous paragraph, FRA may also make application
narratives publicly available or share application information within
DOT or with other Federal agencies if FRA determines that sharing is
relevant to the respective program's objectives.

Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2024-10656 Filed 5-14-24; 8:45 am]
BILLING CODE 4910-06-P

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