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Notice2024-15357

Notice of Funding Opportunity for the Fiscal Year 2021-2024 Restoration and Enhancement Grant Program

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Published

July 15, 2024

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

This Notice details the application requirements and procedures to obtain grant funding for eligible projects under the Restoration & Enhancement (R&E) Grant Program for Fiscal Years (FY) 2021-2024. This Notice solicits applications for the R&E Grant Program with funds made available by the following: Consolidated Appropriations Act, 2021, the Infrastructure Investment and Jobs Act (IIJA), and additional carryover funding from Consolidated Appropriations Act, 2019 and Further Consolidated Appropriations Act, 2020. The opportunity described in this Notice is made available under Assistance Listings Number 20.324, "Restoration & Enhancement Grant Program."

Full Text

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<title>Federal Register, Volume 89 Issue 135 (Monday, July 15, 2024)</title>
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[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Notices]
[Pages 57499-57516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15357]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Fiscal Year 2021-2024
Restoration and Enhancement Grant Program

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

ACTION: Notice of Funding Opportunity (NOFO or Notice), Assistance
Listing (formerly CFDA) #20.324.

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SUMMARY: This Notice details the application requirements and
procedures to obtain grant funding for eligible projects under the
Restoration & Enhancement (R&E) Grant Program for Fiscal Years (FY)
2021-2024. This Notice solicits applications for the R&E Grant Program
with funds made available by the following: Consolidated Appropriations
Act, 2021, the Infrastructure Investment and Jobs Act (IIJA), and
additional carryover funding from Consolidated Appropriations Act, 2019
and Further Consolidated Appropriations Act, 2020. The opportunity
described in this Notice is made available under Assistance Listings
Number 20.324, ``Restoration & Enhancement Grant Program.''

DATES: Applications for funding under this solicitation are due no
later than 11:59 p.m. Eastern Time (ET), September 30, 2024.
Applications for funding received after 11:59 p.m. ET on September 30,
2024 will not be considered for funding. Incomplete applications will
not be considered for funding. Applications that do not adequately
address the information requested may be considered incomplete.
Adequacy of information provided will also be considered in evaluating
the responsiveness to the evaluation criteria. See Section D of this
Notice for additional information on the application and submission
requirements and Section E of this Notice for additional information on
review of applications.

ADDRESSES: Applications must be submitted via <a href="http://www.Grants.gov">www.Grants.gov</a>. Only
applicants that 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 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#bcfaeefd91f2f3faf391efc9ccccd3cec8fcd8d3c892dbd3ca">[email&#160;protected]</a>. If additional assistance is needed,
you may contact Mr. Marc Dixon, Office of Rail Program Development,
Federal Railroad

[[Page 57500]]

Administration, at email: <a href="/cdn-cgi/l/email-protection#2a474b5849044e435245446a4e455e044d455c">[email&#160;protected]</a>; or telephone: 202-493-
0614.

SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
Notice in its entirety prior to preparing application materials.
Definitions of key terms used throughout the Notice are provided in
Section A(3) below. These key terms are capitalized throughout the
Notice. There are several administrative and specific eligibility
requirements described herein with which applicants must comply.

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--Restoration & Enhancement Grant
Program (R&E Program)
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------------------------------------------------------------------------
Issuing Agency............... U.S. Department of Transportation,
Federal Railroad Administration (FRA).
Program Overview............. The R&E Program provides grants for
Initiating, Restoring, or Enhancing
Intercity Rail Passenger Transportation
operations.
Objective.................... The objective is to help offset initial
operating losses while the new or
expanded Intercity Rail Passenger
Transportation Services build their
ridership and Revenue base, since such
Services and frequencies do not realize
their longer-term ridership/Revenue
potential immediately upon the start of
operations.
Eligible Applicants.......... Eligible applicants include:
1. A State (including the District of
Columbia);
2. A group of States;
3. An entity implementing an
Interstate Rail Compact;
4. A public agency or publicly
chartered authority established by
one or more States;
5. A political subdivision of a State;
6. A federally recognized Indian
Tribe;
7. Amtrak or another Rail Carrier that
provides Intercity Rail Passenger
Transportation;
8. Any Rail Carrier in partnership
with at least one of the entities
described in (1) through (6),
consistent with 49 U.S.C.
22908(a)(1)(H); and
9. Any combination of the entities
described in (1) through (6),
consistent with 49 U.S.C.
22908(a)(1)(I).
Funding...................... This NOFO will provide R&E funding of
$153,845,680 to provide financial
assistance for projected Net Operating
Costs. The R&E funding may not exceed
the following for each Year of Service:
<bullet> 90 percent for the first Year
of Service;
<bullet> 80 percent for the second
Year of Service;
<bullet> 70 percent for the third Year
of Service;
<bullet> 60 percent for the fourth
Year of Service;
<bullet> 50 percent for the fifth Year
of Service; and,
<bullet> 30 percent for the sixth Year
of Service.
Deadline..................... Applications for funding under this
solicitation are due no later than 11:59
p.m., ET September 30, 2024.
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A. Program Description

1. Overview

The purpose of the R&E Grant Program (``Program'' or ``R&E
Program'') is to provide financial assistance for Initiating,
Restoring, or Enhancing Intercity Rail Passenger Transportation
operations as authorized under 49 U.S.C. 22908. Funding for the Program
under this NOFO is made available in the following: Consolidated
Appropriations Act, 2021, Div. L, Tit. I, Public Law 116-260; IIJA,
2021, Public Law 117-58 (November 15, 2021); and carryover funding from
Consolidated Appropriations Act, 2019, Div. G, Tit. I, Public Law 116-6
and Further Consolidated Appropriations Act, 2020, Div. H, Tit. I,
Public Law 116-94. FRA will consider applications that are consistent
with the priorities in 49 U.S.C. 22908(d). The opportunities described
in this notice are made available under Assistance Listing 20.324,
``Restoration and Enhancement.''
The Program plays a vital role in the success of Intercity
Passenger Rail Service by offsetting initial operating losses while the
new or expanded Services build their ridership and Revenue base. As
experienced around the world and on the Amtrak network, new Intercity
Passenger Rail Service and frequencies do not realize their longer-term
ridership/Revenue potential immediately upon Initiating operations. The
R&E program provides the greatest support in the first years of
operation, and as ridership and Revenue grows over the first six years
of operations, R&E funding is gradually reduced.
The U.S. Department of Transportation (``USDOT'' or ``DOT'' or
``Department'') seeks to fund projects that advance the Administration
Priorities (also known as USDOT Strategic Goals) of safety, equity,
climate change and sustainability, workforce development, job quality,
and wealth creation, as described in Section E as well as the USDOT
Strategic Plan, Research, Development and Technology Strategic Plan \1\
and in executive orders.\2\
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\1\ <a href="https://www.transportation.gov/sites/dot.gov/files/2023-01/USDOT%20RDT%20Strategic%20Plan%20FY22-26_010523_508.pdf">https://www.transportation.gov/sites/dot.gov/files/2023-01/USDOT%20RDT%20Strategic%20Plan%20FY22-26_010523_508.pdf</a>.
\2\ Executive Order 14008, Tackling the Climate Crisis at Home
and Abroad (86 FR 7619)--<a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/</a>; Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (86 FR 7009)--<a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/</a>; Executive Order 14025, Worker
Organizing and Empowerment (86 FR 22829)--<a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/26/executive-order-on-worker-organizing-and-empowerment/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/26/executive-order-on-worker-organizing-and-empowerment/</a>; and Executive
Order 14052, Implementation of the Infrastructure Investment and
Jobs Act (86 FR 64335)--<a href="https://www.govinfo.gov/content/pkg/FR-2021-11-18/pdf/2021-25286.pdf">https://www.govinfo.gov/content/pkg/FR-2021-11-18/pdf/2021-25286.pdf</a>.
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Section E, which outlines the grant selection criteria, describes
the process for selecting projects that further these goals. Section
F(3) describes progress and performance reporting requirements for
selected projects.

2. Changes From the FY 2018-2020 R&E Program NOFO

This section describes significant changes from the prior NOFO,\3\

[[Page 57501]]

including changes to 49 U.S.C. 22908 resulting from the Program's
reauthorization in IIJA Section 22304, updated or changed definitions,
changes to award limits for recipients of FY 2017-2020 R&E Program
grants, and direction with respect to pre-award costs.
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\3\ The FY 2018-2019 R&E NOFO and the amendment to add FY 2020
R&E funding is available on the FRA R&E Program website: <a href="https://railroads.dot.gov/grants-loans/competitive-discretionary-grant-programs/restoration-and-enhancement-grant-program">https://railroads.dot.gov/grants-loans/competitive-discretionary-grant-programs/restoration-and-enhancement-grant-program</a>.
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<bullet> The more substantive changes to 49 U.S.C. 22908 resulting
from IIJA section 22304 include the following:
[cir] Definition of ``Applicant'' now includes a federally
recognized Indian Tribe;
[cir] Definition of ``Operating Assistance'' added for Routes
subject to section 209 of the Passenger Rail Investment and Improvement
Act of 2008 (Pub. L. 110-432) (PRIIA);
[cir] Priorities include Routes selected under the Corridor
Identification and Development Program and operated by Amtrak;
[cir] Funding plan requirements for initial capital and Operating
Costs must now cover the first six years of operation, and, to the
extent necessary, capital and Operating Costs after the first six years
of operation;
[cir] Grant Award Term Limits are extended so R&E grants for any
individual Route or Service may not provide funding for more than six
years; and,
[cir] Maximum funding of projected Net Operating Costs may not
exceed the following for each Year of Service: (1) 90 percent for the
first Year of Service; (2) 80 percent for the second Year of Service;
(3) 70 percent for the third Year of Service; (4) 60 percent for the
fourth Year of Service; (5) 50 percent for the fifth Year of Service;
and (6) 30 percent for the sixth Year of Service.
<bullet> FRA made changes to Definitions of Key Terms section,
including but not limited to, updating ``Operating Assistance'' and
``Operating Costs,'' and adding terms such as ``Revenue,'' ``Route,''
``Service,'' and ``Year of Service.''
<bullet> Prior R&E Program grant selections: Section B(2) describes
award limits for projects selected under the FY 2017-2020 R&E Program.
Section D(2)(a)(iii) provides direction to applicants for additional
funding for the same Service on the same Route.
<bullet> Additional guidance on timing of incurrence of pre-award
costs.
<bullet> Each applicant must include information that explains and
supports its authority to undertake the operations activities in the
proposed project, either by itself or through agreement, if selected
for an award.
<bullet> Changes to applicability of written agreements required
under 49 U.S.C. 22905(c)(1).

3. Definitions of Key Terms

Terms defined in this section are capitalized throughout this NOFO.
a. ``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.
b. ``Enhancing'' or ``Enhance'' means upgrading or modifying the
Service currently offered on an Intercity Rail Passenger Transportation
Route or train. Examples include adding a station stop, increasing
frequency of a train (e.g., tri-weekly to daily train Service or
increasing daily train Service frequencies), or modifying on-board
Services offered on the train (e.g., food or sleeping accommodations).
c. ``Initiating'' or ``Initiation'' or ``Initiate'' means
commencing Service on an Intercity Rail Passenger Transportation Route
that did not previously operate Intercity Rail Passenger
Transportation.
d. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except Commuter Rail Passenger Transportation. See 49
U.S.C. 22901(3). In this NOFO, ``Intercity Passenger Rail Service'' and
``Intercity Passenger Rail Transportation'' are equivalent terms to
``Intercity Rail Passenger Transportation.''
e. ``Interstate Rail Compact'' means a legislatively enacted
agreement or compact that establishes a formal, legally binding
relationship between two or more States to prepare for and provide
Intercity Passenger Rail Service.
f. ``Lifecycle Stage'' means each of the consecutive stages of a
capital project as it is developed and implemented that includes
Systems Planning, Project Planning, Project Development, Final Design,
Construction, and Operation. Each sequential stage involves specific
activities. Lifecycle Stages are further described in FRA's Guidance on
Development and Implementation of Railroad Capital Projects (88 FR
2163, Jan. 12, 2023) which 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>.
g. ``National Environmental Policy Act'' or ``NEPA'' is a federal
law that requires federal agencies to analyze and document the
environmental impacts of a proposed action in consultation with
appropriate federal, state, and local authorities, and with the public.
NEPA classes of action include an Environmental Impact Statement (EIS),
Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA
class of action depends on the nature of the proposed action, its
complexity, and the potential impacts. For purposes of this NOFO, NEPA
also includes all related federal laws and regulations including the
Clean Air Act, Section 4(f) of the Department of Transportation Act,
Section 7 of the Endangered Species Act, and Section 106 of the
National Historic Preservation Act. Additional information regarding
FRA's environmental processes and requirements are located at <a href="https://railroads.dot.gov/rail-network-development/environment/environment">https://railroads.dot.gov/rail-network-development/environment/environment</a>.
h. ``Net Operating Cost(s)'' is defined as Operating Costs incurred
minus Revenue for each Service on a Route.
i. ``Operating Assistance'' is defined in 49 U.S.C. 22908(a)(2),
with respect to any Route subject to Section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (Pub. L. 110-432) (PRIIA), as
any cost allocated, or that may be allocated, to a Route pursuant to
the cost methodology established under Section 209 of PRIIA or under 49
U.S.C. 24712, as described in the Section 209 policy approved by the
State-Amtrak Intercity Passenger Rail Committee.\4\ Such costs are
equivalent to the Section 209 state responsibility or the operating
cost obligation allocated to the state under the cost methodology
policy.
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\4\ FRA understands the definition of ``Operating Assistance''
under 49 U.S.C. 22908(a)(2) as providing information about eligible
Operating Costs for Routes that are subject to section 209.
Therefore, for the purposes of this NOFO, FRA uses the term
``Operating Assistance'' in the definition of ``Operating Costs''
for Routes that are subject to section 209.
In addition, 49 U.S.C. 22908(b) uses the term ``Operating
Assistance'' in authorizing the Secretary to ``develop and implement
a program for issuing Operating Assistance grants to applicants.''
To avoid confusion, FRA does not use the term ``Operating
Assistance'' elsewhere in this NOFO.
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j. ``Operating Costs'' means,
i. With respect to any Route subject to Section 209 of PRIIA, the
Operating Assistance associated with the operation of the Service for
each Year of Service. Eligible capital costs are limited to capital
overhaul (i.e., investment) costs for Amtrak-owned equipment in
Service, including locomotives, cab cars, coaches, and food Service
cars.
ii. With respect to Routes not subject to Section 209 of PRIIA, the
expenses associated with the operation of the Service for each Year of
Service. Examples of such expenses may include: staffing costs for
train

[[Page 57502]]

engineers, conductors, and on-board Service crew; diesel fuel or
electricity costs associated with train propulsion power; station costs
such as ticket sales, customer information, and train dispatching
Services; station building utility and maintenance costs; lease
payments on rolling stock; routine planned maintenance costs of
equipment and train cleaning; host railroad access costs; train yard
operation costs; general and administrative costs; and management,
marketing, sales and reservations costs. Capital costs associated with
equipment are not eligible expenses for Routes that are not subject to
section 209 of PRIIA.
k. ``Revenue'' means the Revenue attributable to the Service,
including but not limited to ticket Revenue and food and beverage
Revenue, calculated annually for each Year of Service, consistent with
the cost methodology policy required under section 209 PRIIA and
further described in 49 U.S.C. 24712, unless otherwise agreed to by FRA
and the applicant for Routes not subject to section 209 of PRIIA.
l. ``Rail Carrier'' means a person providing common carrier
railroad transportation for compensation. See 49 U.S.C. 24102.
m. ``Restoring'' or ``Restore'' means reinstating Service to an
Intercity Rail Passenger Transportation Route that formerly operated
Intercity Rail Passenger Transportation.
n. ``Route'' means the point-to-point geographic location where a
particular Service is being offered.
o. ``Service'' means the specific Enhancement activity or
activities that are proposed to be funded under this NOFO, or the
operation on the Route that is being Initiated or Restored with funding
under this NOFO. Examples include: the addition of one or more
frequencies or the addition of on-board Services to trains on a Route.
Service does not include excursion train Services or short-term
Services for the purpose of collecting data.
p. ``Year of Service'' means the 365-day period used for
calculating the maximum funding under the Program as well as the period
in which costs may be incurred to be eligible for reimbursement. The
recipient may choose to start the first Year of Service at any point
between the initial incurrence of cost for the Service (including
start-up costs) and the first day of Revenue Service.

B. Federal Award Information

1. Available Award Amount

The total funding available for awards under this NOFO is
$153,845,680.\5\ Should additional R&E funds become available after the
release of this NOFO, FRA may elect to award such funds to applications
received under this NOFO.
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\5\ Of the funding made available from FY 2021-2023, $144,904
from FY 2021, $1,535,000 from FY 2022, and $1,535,000 from FY 2023
will be separately made available for Special Transportation
Circumstances grants. Also, $47,200 from FY 2021, $250,000 from FY
2022, and $250,000 from FY 2023 will be set-aside, from R&E funding
only (not the Amtrak National Network account), for award and
program oversight conducted by FRA.
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The total amount in the previous paragraph includes funding from
previous R&E Program years: $4,527,896 is available from the FY 2021
Appropriation; $145,395,000 is available from the FY 2022-2024 advance
appropriations in Title VIII of Division J of IIJA ($48,465,000 from
each year); and $3,922,784 in carryover funding from the FY 2019-2020
Appropriations is available.

2. Award Limits

Under 49 U.S.C. 22908(e)(2), not more than six R&E grants may be
simultaneously active. FRA considers a grant active at the time of
selection. In addition, FRA considers all selections under the R&E
program for the same Service, on the same Route, to the same recipient,
as one R&E grant, subject to the limitations in 49 U.S.C. 22908(e). To
date, FRA made four selections under the R&E Program for three
Services. Two of the selections were for the same applicant, for the
same Service, on the same Route; FRA considers this as a single grant.
Therefore, FRA currently has three simultaneously active R&E grants.\6\
Accordingly, under this NOFO, FRA may select up to three Services on
Routes that (1) do not have a currently active R&E grant or (2) do have
a currently active R&E grant but the application is submitted by an
applicant that is different than the applicant or recipient for the
currently active R&E grant. In addition, FRA may make up to three
selections for additional funding to the same recipient for Services on
Routes that have a currently active R&E grant, subject to the
limitations in 49 U.S.C. 22908(e). An individual Service on a Route can
only be selected for one R&E award under this NOFO.
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\6\ The currently active R&E grants selected from the FY 2017
and FY 2018-2020 R&E NOFOs are the CTrail Hartford Line Rail
Enhancement Project; Restoring Intercity Passenger Rail Service
along America's Gulf Coast; and Twin Cities-Milwaukee-Chicago
Intercity Passenger Rail Service Project (now known as Borealis).
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Under 49 U.S.C. 22908(e)(1), R&E grants may not provide funding for
more than six years on any individual Intercity Rail Passenger
Transportation Route and may not be renewed. Currently active R&E
grants that were selected for three years of funding under the FY 2017
and FY 2018-20 R&E NOFOs are eligible for funding for additional Years
of Service for the same Service on the same Route, not to exceed a
combined total of six years.
Applicants can apply to use R&E funding for: (a) multiple Years of
Service or (b) only one Year of Service, provided the Service has not
already received six years of R&E funding. Recipients receiving less
than six years of funding for a Service on any individual Intercity
Rail Passenger Transportation Route under this NOFO and/or previous R&E
NOFOs may apply for R&E grants under future NOFOs, if available.

3. Award Size

FRA anticipates selecting multiple projects for the funding made
available. There are no predetermined minimum or maximum dollar
thresholds for awards.
FRA strongly encourages applicants to identify and include other
state and/or local public funding and/or private funding to support the
proposed project to maximize competitiveness. A recipient of a R&E
grant may use the grant funding in combination (i.e., administered
separately but concurrently) with other federal grants that would
benefit the applicable Service.

4. Award Type

FRA will make awards for projects selected under this NOFO 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.

[[Page 57503]]

The funding provided under this NOFO will be made available to
recipients on a reimbursable basis. Recipients must certify that their
expenditures are allowable, allocable, reasonable, and necessary to the
approved project before seeking reimbursement from FRA.
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 grant 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.

5. Concurrent Applications

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

C. Eligibility Information

This section of the NOFO explains applicant eligibility, project
eligibility, and cost sharing or matching \7\ requirements.
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 Notice.
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\7\ 49 U.S.C. 22908(e) identifies a maximum funding limitation
for R&E grants, but it does not establish a maximum federal share or
a minimum non-federal cost share requirement.
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1. Eligible Applicants

Consistent with 49 U.S.C. 22908(a)(1), eligible applicants for R&E
funding are:
a. A State (including the District of Columbia);
b. A group of States;
c. An entity implementing an Interstate Rail Compact;
d. A public agency or publicly chartered authority established by
one or more States;
e. A political subdivision of a State;
f. A federally recognized Indian Tribe;
g. Amtrak or another Rail Carrier that provides Intercity Rail
Passenger Transportation;
h. Any Rail Carrier in partnership with at least one of the
entities described in paragraphs (a) through (f); and
i. Any combination of the entities described in paragraphs (a)
through (f).
See Section D(2)(a)(iv) of this NOFO for information about
supporting documentation required to demonstrate eligibility in the
application.
If an application includes a partnership with more than one
eligible applicant, the application must identify one lead eligible
applicant to be the recipient, as well as primary point of contact for
the application.\8\ Eligible applicants may reference entities that are
not eligible applicants in an application as project partners.
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\8\ If the proposed project involves executing cost sharing
agreements with other partners, prior to application submission, the
applicant (or lead applicant, as applicable) should coordinate with
each partner to understand its respective financing/payment
requirements (e.g., considerations for any partner's requirement of
upfront payment of its share of costs as opposed to monthly
invoicing, challenges with partner not having financial mechanism to
recover any overpayment of funds to the applicant, etc.). The
applicant (or lead applicant, as applicable) should describe this
coordination, identified challenges, and any proposed resolution in
the application. Only one eligible applicant can be the recipient,
and FRA will only disburse funds to the recipient.
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2. Cost Sharing or Matching

Grants for a project funded under the Program shall not exceed 90
percent of the projected Net Operating Costs for the first Year of
Service; 80 percent of the Net Operating Costs for the second Year of
Service; 70 percent of the projected Net Operating Costs for the third
Year of Service; 60 percent of the projected Net Operating Costs for
the fourth Year of Service; 50 percent of the projected Net Operating
Costs for the fifth Year of Service; and 30 percent of the projected
Net Operating Costs for the sixth Year of Service. Net Operating Costs
not covered by the R&E grant may be comprised of eligible public sector
funding (e.g., state, local, or other federal funding) or private
sector funding.
Applicants must identify the source(s) of non-R&E grant funds for
the Service, and they must clearly and distinctly reflect these funds
in the budget sections of the application.
A recipient of a R&E grant under this NOFO may use that grant in
combination with other federal grants awarded that would benefit the
applicable Service.

3. Other

Operating Costs eligible for funding under this NOFO must be for
projects within the United States and must be associated with
Enhancing, Initiating, or Restoring Service on an Intercity Rail
Passenger Transportation Route or train.

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 (as applicable), and letters of support from partnering
organizations, which will not count against the Project Narrative 25-
page limit.

1. Address

Applicants may access application materials at <a href="https://www.Grants.gov">https://www.Grants.gov</a> and must submit all application materials in their
entirety through <a href="https://www.Grants.gov">https://www.Grants.gov</a> no later than 5 p.m. ET, on
September 30, 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/web/grants/applicants/organization-registration.html">https://www.grants.gov/web/grants/applicants/organization-registration.html</a>.
Applicants are strongly encouraged to apply early to ensure that
all materials are received before the application deadline. FRA
reserves the right to modify this deadline. General information for
submitting applications through <a href="http://Grants.gov">Grants.gov</a> can be found at: <a href="https://www.fra.dot.gov/Page/P0270">https://www.fra.dot.gov/Page/P0270</a>. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a disability. If you require an
alternative version of files provided, please contact Laura Mahoney,
Office of the Chief Financial Officer, Federal Railroad Administration,
1200 New Jersey Avenue SE, Washington, DC 20590; email:
<a href="/cdn-cgi/l/email-protection#462a27333427682b272e2928233f0622293268212930">[email&#160;protected]</a>; phone: 202-578-9337.
The E-Biz point of contact at the applicant's organization must
respond to the registration email from <a href="http://Grants.gov">Grants.gov</a> and login at
<a href="http://www.Grants.gov">www.Grants.gov</a> to authorize the applicant as the AOR. Please note there
can be more than one AOR for an organization.
If an applicant experiences difficulty at any point during this
process, please call the <a href="http://Grants.gov">Grants.gov</a> Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays).
For information and

[[Page 57504]]

instructions on each of these processes, please see instructions at:
https:// <a href="http://www.grants.gov/web/grants/applicants/apply-for-grants.html">www.grants.gov/web/grants/applicants/apply-for-grants.html</a>.

2. Content and Form of Application Submission

FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Applications that are
not submitted on time or do not contain all required documentation will
not be considered for funding. To support the application, applicants
may provide other relevant and available optional supporting
documentation that may have been developed by the applicant, especially
such documentation that provides evidence of completion of the
appropriate Lifecycle Stage(s), if capital improvements are necessary
before starting the operation Lifecycle Stage of the proposed Service.
FRA evaluates project readiness for a Lifecycle Stage when considering
a proposed project for funding. Additionally, applicants selected to
receive funding must satisfy any applicable requirements in 49 U.S.C.
22905, including FRA's Buy America requirement and conditions explained
in part at <a href="https://www.fra.dot.gov/page/P0185">https://www.fra.dot.gov/page/P0185</a> and further in Section
F(2) of this Notice.
Sharing of Application Information--FRA may share application
information within USDOT or with other federal agencies if FRA
determines that sharing is relevant to the respective program's
objectives.
Required documents and information for an application package
include the following:

------------------------------------------------------------------------
Attachment(s) name NOFO section
------------------------------------------------------------------------
Project Narrative.......................... D.2.a.
Statement of Work (SOW), project budget, D.2.b.i.
estimated project schedule, and
performance measures.
Capital and mobilization plan.............. D.2.b.ii.
Operating plan............................. D.2.b.iii.
Funding plan............................... D.2.b.iv.
Status of negotiations and agreements...... D.2.b.v.
Environmental Compliance Documentation..... D.2.b.vi.
Funding Commitment Supporting Documentation D.2.a.iii.
SF 424--Application for Federal Assistance D.2.b.vii.
\9\.
SF 424A--Budget Information for Non- D.2.b.viii.
Construction.
SF 424B--Assurances for Non-Construction... D.2.b.ix.
FRA F 30--Certifications Regarding D.2.b.x.
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial Capability D.2.b.xi.
Questionnaire.
SF LLL--Disclosure of Lobbying Activities, D.2.b.xii.
if applicable.
------------------------------------------------------------------------

a. Project Narrative

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

\9\ The amount requested from the R&E Program on the SF-424 is
the official record of request, and therefore must be consistent
with the amount requested in the Project Narrative and project
budget, including the breakdown of federal and non-federal sources.
For applications with discrepancies, FRA will defer to the funding
amount in the SF-424.

------------------------------------------------------------------------
Project narrative section name NOFO section
------------------------------------------------------------------------
I. Cover Page.............................. See D.2.a.i.
II. Project Summary........................ See D.2.a.ii.
III. Grant Funds, Sources and Uses of See D.2.a.iii.
Project Funds.
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 applicant must provide the content listed above in a narrative
statement. 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 limit. If possible, applicants should submit
supporting documents via website links rather than hard copies. If
supporting documents are submitted, applicants must clearly identify
the relevant portion of the supporting document with the page numbers
of the cited information in the Project Narrative. The Project
Narrative must adhere to the following outline:
i. Cover Page: Include a cover page that lists the following
elements in either a table or formatted list:

------------------------------------------------------------------------
Project title
------------------------------------------------------------------------
Applicant (Lead Applicant, as applicable).......
City(ies), State(s), Congressional District(s)
where the project is located.
Is this request funding an existing or new Route
and/or Service?
Proposed or current Service operator?
Rail ROW owner(s)?

[[Page 57505]]

Host Railroad(s) of Route?
Proposed Years of Service.......................
Projected total Operating Costs for the proposed $
Service for all Years of Service in this
application.
Projected Revenue for the proposed Service for $
all Years of Service in this application.
Projected total Net Operating Cost for the $
proposed Service for all Years of Service in
this application.
Total amount of R&E funding requested for all
Years of Service.
Total amount of funding for Net Operating Costs
not funded by proposed R&E grant for all Years
of Service.
Previously awarded R&E funding for the Service, R&E Program Year:/$
if applicable, by Year of Service. for Year(s) X of
Service.
Was a federal grant application previously If yes, please specify
submitted for any necessary capital projects on the program, funding
the Route or for the Service described in this year and project
application?. title of the previous
application.
Are any capital improvements required to be If yes, please
completed before Initiation, Restoration, or summarize.
Enhancement activities under this request?.
------------------------------------------------------------------------

ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project, including the Service and Route. Include challenges
the proposed project aims to address and summarize the intended
outcomes and anticipated benefits that will result from the proposed
project.
iii. Grant Funds, Sources and Uses of Project Funds: In table
format similar to the Project Funding by Year of Service Table in this
section below [or: at the end of this subsection], the applicant must
provide, for each Year of Service, the following: (1) Year of Service
start date; (2) anticipated start date of each Year of Service; (3)
amount of R&E funding requested; (4) projected Net Operating Costs; (5)
estimated Operating Costs; (6) estimated Revenue; (7) percent of Net
Operating Costs for which R&E funding is requested; (8) amount and
source of non-R&E funding (non-federal funds and/or other federal
funds, if applicable); and, (9) eligible activities for which R&E
funding is requested.\10\ If selected for award, recipients will be
expected to report Operating Costs, Revenue, and Net Operating Costs
for each Year of Service.
---------------------------------------------------------------------------

\10\ Applicants should list specific eligible activities and, to
the extent practical, should not group all activities under the
general term ``Operations.'' Eligible R&E activities should be
consistent with Section C(2) of this Notice. If the applicant
determines that grouping certain activities into a broader term is
more appropriate, the applicant should provide a narrative
explanation (separate from the table) of the specific activities
that are included in that term.
---------------------------------------------------------------------------

Applicants for additional funding for the same Service funded under
a currently active R&E grant must describe how the funds under the FY
2017 and FY 2018-2020 R&E selections and the requested funding under
this NOFO, if selected for award, will be used. Specifically, the
applicant should describe, at a minimum, the following: (1) for FY 2017
and FY 2018-2020 R&E selections that have not yet been obligated,
whether the funds under this NOFO would replace the previous R&E
awards; (2) how additional funds under this NOFO will be applied to
additional Years of Service; and (3) how all R&E funding will be used
with respect to each Year of Service.\11\ For such applications, in a
funding table similar to the Project Funding by Year of Service Table
below, add columns to identify the amount of the previous R&E selection
and previously committed other funding, including the funding
source(s).
---------------------------------------------------------------------------

\11\ For example, the applicant should describe if it proposes
to use all of the R&E grant funds from the FY 2017 and FY 2018-20
R&E selections for the first Year of Service, and use new funds
under this NOFO, if selected for award, for Years of Service two (2)
through six (6).
---------------------------------------------------------------------------

All applicants must include funding commitment letters outlining
proposed or confirmed funding agreements in the amount of the projected
Net Operating Costs that would not be funded through the proposed R&E
grant, in an attachment or appendix to the application.\12\ Also, if
applicable, indicate if the requested R&E funding or non-federal and
other federal funding must be obligated or spent by a certain date due
to dependencies or relationships with other federal or non-federal
funding sources, related projects, law, or other factors. Rail Carriers
other than Amtrak should state whether they will require access to
Amtrak's reservation system, stations, or facilities because they are
directly related to the Rail Carrier's operations, and whether they
expect the FRA to award a portion of the requested R&E grant to Amtrak
for such access (and in what amount).\13\ Provide information about any
requests submitted to other programs for capital funding related to the
proposed project that supports the project's Initiation, Restoration,
or Enhancement of the Intercity Rail Passenger Transportation Service.
---------------------------------------------------------------------------

\12\ Applicants must indicate if funds are either (1) committed
with pending formal approvals, or (2) committed with formal
approvals received. If formal approvals have been received,
applicants should submit evidence of the availability of funds,
which may include a state/local appropriation, state/local
administrative approval, board resolution, a budget document
highlighting the line item or section committing funds to the
proposed project, approval of programming of other federal funds, or
any other similar documentation. The applicant may provide this
documentation in an appendix. Documentation of previous and recent
local investments in the project may convey evidence of state or
local financial support for the project but are not a commitment of
funds. Any funding commitment letters must be signed by an
authorized representative of the entity providing the funds.
\13\ The Secretary, acting through the FRA, is permitted in 49
U.S.C. 22908(h) to award an appropriate portion of R&E grants under
this NOFO to Amtrak as compensation for permitting certain access.
---------------------------------------------------------------------------

Project funding information must be consistent throughout all
application materials, specifically the Standard Form (SF) 424, Project
Narrative, SOW, project budget, and funding commitment letters.\14\ The
project budget should be specific to the project scope described in the
applicant's request for funding under this NOFO. The project budget
should show how different funding sources will share in each activity
and present the data in dollars and percentages. The budget should
identify other federal funds the applicant is applying for, has been
awarded, or intends to use for the project. Funding sources should be
grouped into three categories: Non-federal, R&E Program funds that are
part of this application request, and other federal funds with specific
amounts from each funding source.
---------------------------------------------------------------------------

\14\ If there is a discrepancy between materials, FRA will defer
to the funding amounts shown in the applicant's SF 424 as the amount
requested for funding.

[[Page 57506]]

Project Funding by Year of Service
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of
Estimated R&E funds net Non-R&E Eligible R&E
Year of service operating Estimated Projected net requested operating amount/ activities by
costs revenue operating cost under this cost source(s) year of
NOFO requested service \15\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 [Add start date e.g., 6/01/25].................
Year 2 [Add start date e.g., 6/01/26].................
Year 3 [Add start date]...............................
Year 4 [Add start date]...............................
Year 5 [Add start date]...............................
Year 6 [Add start date]...............................
-------------------------------------------------------------------------------------------------
Total.............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

iv. Applicant Eligibility Criteria: The applicant must explain how
the applicant meets the applicant eligibility criteria outlined in
Section C of this Notice. For public agencies and publicly chartered
authorities established by one or more States, the explanation must
include citations to the applicable enabling legislation.
---------------------------------------------------------------------------

\15\ Applicants should list specific eligible R&E activities
that are consistent with Section C(2) of this Notice and should not
list a general descriptive term, such as ``Operations,'' for
example, to cover all activities.
---------------------------------------------------------------------------

If the applicant is eligible under 49 U.S.C. 22908(a)(1)(H) as a
Rail Carrier in partnership with at least one of the other eligible
entities in Section 22908(a)(1)(A) through (a)(1)(F), the applicant
should explain the partnership and each entity's contribution to the
partnership. Similarly, if the applicant is a combination of entities
described in Section 22908(a)(1)(A) through (a)(1)(F), the application
should explain the partnership and each entity's contribution to the
partnership.
Applicants must identify the applicant's legal authority to receive
federal financial assistance and complete the project, including
management of contracts and other activities necessary for the
operation of intercity rail passenger Service, and provide supporting
information, including citations to authorizing legislation and a legal
opinion from the applicant's legal counsel.
v. Project Eligibility Criteria: The applicant must explain how the
proposed project meets the project eligibility criteria in Section C(3)
of this Notice.
vi. Detailed Project Description: The applicant must include a
detailed project description that expands upon the project summary.
This detailed description should provide the following, at a minimum:
\16\ (1) the specific components and elements of the proposed project,
including planned Service frequency; (2) name and description of the
planned Routes and schedules; (3) station facilities; (4) equipment
that will be used and how it will be acquired or refurbished (if
necessary); (5) where equipment will be maintained and by which entity;
(6) additional background on the challenges the project aims to
address; (7) the expected users and beneficiaries of the project;
projected ridership, Revenues and costs; (8) all railroads/entities
owning tracks to be used; (9) Service providers or entities expected to
provide Services or facilities that will be used, including access to
Amtrak systems, stations, and facilities; (10) train operators and
their qualifications; (11) plan for ensuring safe operations; and (12)
any other information the applicant deems necessary to justify the
proposed project. An applicant must also specify whether it is seeking
funding for a proposed project that has already received federal
financial assistance, and, if applicable, explain how the proposed
scope to be funded under this Notice relates to the previous scope that
has received federal financial assistance.
---------------------------------------------------------------------------

\16\ The information should be consistent with details in the
capital and mobilization plan and operating plan.
---------------------------------------------------------------------------

vii. Project Location: The applicant must include geospatial data
for the project along with other information as shown in the example
project location table below, as well as a map of the proposed
project's location. Geospatial data can be expressed in terms of
decimal degrees for latitude and longitude of at least five decimal
places of precision \17\ (preferred option), along with start and end
mileposts designating railroad code and subdivision name. On the map,
include the Congressional districts in which the proposed project will
take place.
---------------------------------------------------------------------------

\17\ For example, if a project was proposed to start at a
(hypothetical) station 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.

Project Location Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Location (e.g.,
corridor/route Start Start End End Host Right-of-way Railroad
name) latitude longitude latitude longitude railroad owner(s) subdivision
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of Service.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

viii. Evaluation and Selection Criteria: The applicant must include
a thorough discussion of how the proposed project meets all the
evaluation and selection criteria. FRA will evaluate applications based
on project readiness, technical merit, and project benefits, and will
consider how the applicant's project aligns with selection criteria
(selection preferences and 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. Applicants are encouraged to include quantifiable data
related to the Initiation, Enhancement, or Restoration of Service.
ix. Project Implementation and Management: The applicant must
describe proposed project implementation and project management
arrangements. Include

[[Page 57507]]

descriptions of the expected arrangements for project contracting,
contract oversight, change-order management, risk management, and
conformance to federal requirements for project progress reporting.
Demonstrate legal, financial, and technical capacity to perform the
proposed project.
Further, applicants must provide their plan for taking affirmative
steps to employ small businesses consistent with 2 CFR 200.321.
Describe past experience in managing and overseeing similar projects,
as applicable; the technical qualifications and demonstrated experience
of key personnel proposed to lead and perform the technical efforts;
and the qualifications of the primary and supporting organizations to
fully and successfully execute the proposed project within the proposed
timeframe and budget, including a discussion of the risk evaluation
factors in 2 CFR 200.206(b) and the proposed approach to assessing and
mitigating project risk (these factors may be summarized in the Project
Narrative and additional information may be provided as supporting
documentation, as applicable).\18\
---------------------------------------------------------------------------

\18\ Project risks, such as procurement delays, litigation
uncertainties, pending decisions on securing commitments of funds
(and any uncertainty with timing of necessary state/local
legislative appropriation action) or other federal funding
assistance sources, concerns expressed by stakeholders, or lack of
legislative approval, affect the likelihood of successful project
start and completion. Applicants must identify all material risks to
the project and the strategies that the lead applicant and any
project partners have undertaken or will undertake to mitigate those
risks. The applicant will assess the greatest risks to the project
and identify how the project parties will mitigate those risks. The
applicant must include its risk monitoring, management and
mitigation strategy and explain management staffing plans and
procedures.
---------------------------------------------------------------------------

b. Additional Application Elements
Applicants must submit the documents and forms listed in this
section. 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, budget,
estimated project schedule, and performance measures for the proposed
project if it were selected for award. Applicants are expected to use
the templates for the SOW, project budget, estimated project schedule,
and performance measures that are Articles 4-7 of Attachment 2:
Restoration and Enhancement Grant Program Project Specific Terms and
Conditions. Those documents must contain sufficient detail so FRA, and
the applicant, can understand the expected outcomes of the proposed
work to be performed and can monitor progress toward completing project
tasks and deliverables during a prospective grant's period of
performance. Applications that do not follow this format may be
considered incomplete and may not be reviewed.\19\
---------------------------------------------------------------------------

\19\ 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 updated
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 estimated total Net Operating Cost
of the proposed 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. The project schedule should be
sufficiently detailed to include the date when the first Year of
Service will commence and the planned Revenue Service start date, as
well as reasonable due dates for expenses associated with the operation
of the Service.
For all proposed projects, applicants must provide information
about proposed performance measures, as described in Section F(3) and
required in 2 CFR 200.301. Further, applicants must provide their plan
for taking affirmative steps to employ small businesses consistent with
2 CFR 200.321.
ii. Capital and mobilization plan that includes:
(A) A description of any necessary capital investments recently
completed or not-yet-completed for the Service that are related to the
proposed project (as applicable), Service planning actions (such as
environmental reviews), and mobilization actions (such as
qualifications of train crews) required for Initiation, Enhancement, or
Restoration of the intercity passenger rail transportation; and
(B) A timeline for undertaking and completing each of the
investments and actions referred to in subparagraph (A) above.
Applicants must follow the sample timeline table format to the extent
practical (modifications can be made by adding rows or columns, as
appropriate). In addition, the timeline table must include all actions
required, along with realistic, estimated completion timeframes, to
start Service, using FRA's anticipated R&E award selection timeframe as
a key milestone--see the FRA Discretionary Grants Calendar on the FRA
website.\20\ The applicant should describe which eligible R&E
activity(ies) are part of the first Year of Service to help inform when
R&E grant cost accounting would start. Separate from the table,
applicants should describe any assumptions or provide any explanatory
information to add proper context.
---------------------------------------------------------------------------

\20\ <a href="https://railroads.dot.gov/elibrary/calendar-fra-publications-cy2024">https://railroads.dot.gov/elibrary/calendar-fra-publications-cy2024</a> or <a href="https://railroads.dot.gov/grants-loans/grants-loans">https://railroads.dot.gov/grants-loans/grants-loans</a> (under the `Related Links' section).

Sample Timeline Table
----------------------------------------------------------------------------------------------------------------
R&E eligible
Status (not activity planned
started, in to be part of Est. start date Est. completion date
Activity * progress, first year of (month/year) (month/year)
complete, or not service? (yes/
applicable **) no)
----------------------------------------------------------------------------------------------------------------
Environmental Clearance........ ................ ................ MONTH 202X........... MONTH 202X.
Securing Equipment.............
Train Crew Hiring..............
Train Crew Qualifying..........
Agreement with host railroad
(preparation of draft through
execution).
Operating agreement
(preparation of draft through
execution).
Cost share agreement
(preparation of draft through
execution).
Process of securing approvals
for the name of the new
Service, as applicable.
[Insert other activity (e.g.,
any necessary capital
improvements, etc.)].
[Insert other activity]........
Start of Revenue Service.......
----------------------------------------------------------------------------------------------------------------
* Applicants should include all major and notable activities, whether they are eligible or not eligible under
the R&E Program, that are necessary for Revenue Service to begin. If an activity is complete at the time of
application submission, indicate completion date (Month/Year).

[[Page 57508]]

iii. Operating plan describing:
(A) Planned Service operation;
(B) Identity and qualifications of the train operator;
(C) Identity and qualifications of any other Service providers
(e.g., on-board Service, equipment maintenance, station staff);
(D) Service frequency;
(E) Planned Routes and schedules;
(F) Station facilities that will be utilized;
(G) Projected ridership, Revenues, and costs, along with
descriptions of how and when the projections were developed;
(H) Equipment that will be utilized, how and when such equipment
will be acquired or refurbished (if necessary), and where such
equipment will be maintained; and
(I) A plan for ensuring safe operations and compliance with
applicable safety regulations.
iv. Funding plan that:
(A) Describes the funding of initial capital costs and Operating
Costs for the first six years of operation, along with projected
Revenue and Net Operating Costs. Provide date of cost estimates and
indicate if cost estimate updates are pending or needed;
(B) Includes commitment by the applicant to provide the funds
described in subparagraph (1) to the extent not covered by federal
grants and Revenues; and
(C) Describes the funding of Operating Costs and capital costs, to
the extent necessary, after the first six years of operation.
(D) The applicant should propose a schedule for payment of invoices
and submission of federal reimbursement requests.\21\ Also, describe
how that proposed schedule aligns with the applicant's fiscal year and
reconciliation of expenditures. The applicant should generally describe
its process, including timeframes, to reconcile Operating Costs and
account for Revenue for each Year of Service in relation to its fiscal
year. For example, if some Operating Costs for the first Year of
Service are incurred near the end of the fiscal year, describe the
process to reconcile all first Year of Service Operating Costs, as it
could impact budgeting and financial accounting for subsequent Years of
Service. FRA will work with applicants selected for an R&E award to
review and discuss further.
---------------------------------------------------------------------------

\21\ Applicant can list timeframes, such as ``invoices to be
paid [insert number] days after receipt of invoice; reimbursement
requests would be submitted on [insert appropriate timeframe
(quarterly, semi-annually, etc.)] basis, etc.''
---------------------------------------------------------------------------

v. Status of negotiations and agreements with:
(A) Each of the railroads or regional transportation authorities
whose tracks or facilities would be utilized by the Service;
(B) The anticipated Rail Carrier if such entity is not part of the
applicant group;
(C) Any other Service providers or entities expected to provide
Services or facilities that will be used by the Service, including any
required access to Amtrak systems, stations, and facilities if Amtrak
is not part of the applicant group; and
(D) Cost share partners if there will be multiple parties
contributing toward the cost of the Service. Indicate the level of
approval required within each entity and/or if any council, board, or
legislative approval is required.
vi. 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, state,
tribal, and local permitting requirements, if applicable. For all other
federal, state, tribal, and local 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 a final
Categorical Exclusion determination documentation, Finding of No
Significant Impact, or Record of Decision. If the NEPA process is not
yet underway, the application should state this. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all NEPA-related milestones.
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>.
vii. SF 424--Application for Federal Assistance.
viii. SF 424A--Budget Information for Non-Construction.
ix. SF 424B--Assurances for Non-Construction.
x. FRA F30--Certification Regarding Debarment, Suspension and Other
Responsibility Matters, Drug-Free Workplace Requirements and Lobbying.
xi. FRA F 251--Applicant Financial Capability Questionnaire.
xii. SF LLL--Disclosure of Lobbying Activities.

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

To apply for funding through <a href="http://www.Grants.gov">www.Grants.gov</a>, applicants must be
properly registered in SAM before submitting an application, provide a
valid UEI 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://www.Grants.gov">www.Grants.gov</a>, applicants must follow the
directions below in Section D(3)(a).
a. Register With the SAM at <a href="http://www.SAM.gov">www.SAM.gov</a>
All applicants for federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in <a href="http://Grants.gov">Grants.gov</a>. The SAM
database is the repository for standard information about federal
financial assistance applicants, recipients, and subrecipients.
Organizations that have previously submitted applications via
<a href="http://www.Grants.gov">www.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,

[[Page 57509]]

however, that applicants must update or renew their SAM registration at
least once per year to maintain an active status. Therefore, it is
critical to check registration status well in advance of the
application deadline. If an applicant is selected for an award, the
applicant must maintain an active SAM registration with current
information throughout the period of the award, including information
on a recipient's immediate and highest-level owner and subsidiaries, as
well as on all predecessors that have been awarded a federal contract
or grant within the last three years, if applicable. Information about
SAM registration procedures is available at <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 the
Data Universal Numbering System (DUNS). 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>.

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. ET, September 30, 2024. Applicants will receive a
system-generated acknowledgement of receipt. FRA reviews <a href="http://www.Grants.gov">www.Grants.gov</a>
information on dates/times of applications submitted to determine
timeliness of submissions. Late applications will be neither reviewed
nor considered. To apply for funding under this announcement, all
applicants are expected to be registered as an organization with
<a href="http://Grants.gov">Grants.gov</a>. Applicants are strongly encouraged to apply early to ensure
all materials are received before this deadline.
To ensure a fair competition of limited discretionary funds, no
late submissions will be reviewed for any reason, including: (1)
failure to complete the <a href="http://Grants.gov">Grants.gov</a> registration process before the
deadline; (2) failure to follow <a href="http://Grants.gov">Grants.gov</a> instructions on how to
register and apply as posted on its website; (3) failure to follow all
the instructions in this NOFO; and (4) technical issues experienced
with the applicant's computer or information technology environment.

5. Intergovernmental Review

Intergovernmental Review is required for this Program. Applicants
must contact their state single point of contact to comply with their
state's process under Executive Order 12372.\22\
---------------------------------------------------------------------------

\22\ <a href="https://www.archives.gov/federal-register/codification/executive-order/12372.html">https://www.archives.gov/federal-register/codification/executive-order/12372.html</a>.
---------------------------------------------------------------------------

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.\23\ Under 2 CFR 200.458, grant recipients must seek written
approval from FRA for pre-award activities to be eligible for
reimbursement under the grant. Activities initiated prior to the
execution of a grant or without FRA's written approval may be
ineligible for reimbursement.
---------------------------------------------------------------------------

\23\ For more information on pre-award costs, see FRA Answers to
Frequently Asked Questions about Pre-Award Authority, available at:
<a href="https://railroads.dot.gov/elibrary/federal-railroad-administration-answers-frequently-asked-questions-about-pre-award">https://railroads.dot.gov/elibrary/federal-railroad-administration-answers-frequently-asked-questions-about-pre-award</a>.
---------------------------------------------------------------------------

FRA is prohibited under 49 U.S.C. 22905(f) from providing R&E
grants for Commuter Rail Passenger Transportation. FRA's interpretation
of this provision is informed by the language in 49 U.S.C. 22908(b).
Under this NOFO, FRA's primary intent in funding projects is to help
offset initial operating losses while the new or expanded Intercity
Passenger Rail Services build their ridership and Revenue base. Such
projects may be located on shared corridors where Commuter Rail
Passenger Transportation and/or freight rail also benefit from the
project.

7. Other Submission Requirements

a. Submission Location
Applications must be submitted to <a href="http://www.Grants.gov">www.Grants.gov</a>. FRA does not
accept applications via mailed paper, fax machine, email, or other
means.
b. Consideration of Applications
Only applicants who comply with all submission deadlines described
in this NOFO and electronically submit valid, on-time applications
through <a href="http://www.Grants.gov">www.Grants.gov</a> will be eligible for award.
c. Late Applications
Any applications that <a href="http://Grants.gov">Grants.gov</a> time stamps after 11:59 p.m. ET
September 30, 2024 will not be accepted. Applicants are strongly
encouraged to make submissions days, if not weeks, in advance of the
deadline, and applicants facing technical issues are advised to contact
the <a href="http://Grants.gov">Grants.gov</a> helpdesk well in advance of the deadline.

E. Application Review Information

1. Criteria

a. Eligibility and Completeness Review
FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in Section C of this
Notice) and completeness (application documentation and submission
requirements are outlined in Section D of this Notice). As described in
Section D(2)(a)(iv), FRA will also evaluate information provided by the
applicant to identify and support its legal authority to undertake the
activities it would conduct if it is selected for an R&E grant award.
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria (as part of the merit review) outlined in this
section to determine project readiness, technical merit, and project
benefits. FRA will consider the adequacy of information provided in the
application in evaluating whether the application is complete and
responsive to the evaluation criteria.
i. Project Readiness
In evaluating Project Readiness, FRA will evaluate project and
applicant risk based on the applicant's preparedness and capacity to
implement the proposed project, including whether the applicant is
reasonably equipped to begin operation of the Service in a timely
manner to meet their proposed schedule. FRA will evaluate whether the
applicant is able to meet project milestones and use federal funds
efficiently to deliver the proposed project.\24\ In addition to
responding to the Project Readiness criteria, applicants should provide
a thorough summary of the following, which should overlap with
information in the required documents: operating plan; capital and
mobilization plan including any capital investments, Service planning
actions, mobilization actions (such as qualification of train crews);
and timeline for undertaking and completing each of the investments.
Describe additional information such as the status of negotiation of
any cost share agreements between partners (indicate the level of
approval required within each entity); acquisition of equipment status
and timeline; construction of any

[[Page 57510]]

necessary infrastructure for the Initiation, Restoration, or
Enhancement of Service to be funded under this Notice; status of the
installation and/or full implementation of a Positive Train Control
system, as applicable; other federal/non-federal agency approvals (e.g.
Surface Transportation Board approval); and, other actions necessary
for Initiation, Restoration, and Enhancement of Service that have been
completed or remain necessary for completion.
---------------------------------------------------------------------------

\24\ 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 application information for the degree to which
the application demonstrates strong project readiness, evidenced by:
(A) The appropriate planning, design, any environmental reviews,
negotiation of agreements, acquisition of equipment, construction, and
other actions necessary for Initiation, Restoration, or Enhancement of
Service have been completed or nearly completed (49 U.S.C.
22908(d)(1));
(B) Funds are committed (i.e., level of certainty of the
commitment, such as the funds are secured with necessary approvals vs.
necessary approvals are pending) to cover the portion of the Net
Operating Costs not covered by the R&E grant;
(C) The capital and mobilization plan, operating plan, funding
plan, and status of negotiations and agreements described in Section
D(2)(b), are appropriate for the proposed project, including the
planned first Year of Service, proposed Service start date, and
subsequent Year(s) of Service included in the proposed grant period of
the proposed project, at a minimum (See 49 U.S.C. 22908(c)).
ii. Technical Merit
In evaluating Technical Merit, FRA will evaluate the degree to
which the SOW, project budget, and estimated project schedule are
reasonable and appropriate to achieve the expected outcomes, commitment
of necessary resources and workforce to deliver the project, and the
proposed project elements are appropriate for the project funding
request. FRA will also consider applicant risk with respect to the
applicant's past performance as a FRA recipient for grant-funded
projects, as applicable. FRA will evaluate application information for
the degree to which:
(A) The tasks and subtasks outlined in the SOW, estimated project
schedule, and project budget, are reasonable and appropriate to achieve
the expected outcomes of the proposed project;
(B) The technical qualifications and demonstrated experience of key
personnel proposed to lead and perform the technical efforts, and the
qualifications of the primary and supporting organizations to fully and
successfully execute the proposed project within the proposed timeframe
and budget;
(C) The applicant's past performance in developing and delivering
similar projects, as applicable, and previous financial contributions;
(D) The applicant's proposed approach to assessing and mitigating
risk is appropriate for the proposed project;
(E) Whether the applicant has, or will have, the legal, financial,
and technical capacity to carry out the project; satisfactory
continuing access to equipment or facilities; and the capability and
willingness to maintain the equipment or facilities.
iii. Project Benefits
FRA will evaluate the project benefits of the proposed project for
the anticipated private and public benefits, including any combination
of the following:
(A) Provide daily or daytime Service over Routes where such Service
did not previously exist (49 U.S.C. 22908(d)(3));
(B) Restore Service over Routes formerly operated by Amtrak,
including Routes described in section 11304 of the Passenger Rail
Reform and Investment Act of 2015 (49 U.S.C. 22908(d)(2));
(C) Provide Service to regions and communities that are underserved
or not served by other intercity public transportation (49 U.S.C.
22908(d)(6));
(D) Foster economic development, particularly in rural communities
and for disadvantaged populations (49 U.S.C. 22908(d)(7));
(E) Provide other non-transportation benefits (49 U.S.C.
22908(d)(8)); and,
(F) Enhance connectivity and geographic coverage of the existing
national network of Intercity Passenger Rail Service (49 U.S.C.
22908(d)(9)).
For each evaluation criterion--Project Readiness, Technical Merit,
and Project Benefits--FRA will evaluate whether the application
demonstrates level of risk or responsiveness, as applicable, and will
result in a rating of ``unacceptable,'' ``high,'' ``medium,'' or
``low'' as described in the rubric tables below. For each merit
criterion, FRA will use rubric ratings with applied criteria to
evaluate whether the applications meet the defined thresholds:

Merit Criteria Ratings--Project Readiness (Risk)
[For the Project Readiness Criteria described in Section E(1), FRA will
evaluate the application's responsiveness to the criteria, 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 readiness project evidence to
readiness criterion; readiness assess the
criterion; application does criteria; project
application not demonstrate demonstrates readiness
fails to that sufficient support, criteria, and
demonstrate support, progress, or demonstrates
support, progress, or completion of strong support,
progress, or completion of appropriate progress, or
completion of appropriate Service completion of
appropriate Service preparation appropriate
Service preparation activities, but Service
preparation activities but indicates some preparation
activities; or indicates risk risk to activities, and
application to advancing the advancing the indicates
contains one or project without project in a minimal risk to
more barriers foreseeable timely manner; advancing the
that would delays; or and the project in a
prevent project application application timely manner;
delivery. contains a does not and application
barrier that contain a does not
would likely barrier that contain a
prevent project would likely barrier that
delivery in any prevent project would likely
of these areas. delivery in any prevent project
of these areas. delivery in any
of these areas.
------------------------------------------------------------------------

[[Page 57511]]

Merit Criteria Ratings--Technical Merit
[For the Technical Merit Criteria described in Section E(1), FRA will
evaluate the application's responsiveness to the criteria, 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 one or evidence to information and
assess the more of the assess the evidence to
technical merit technical merit technical merit assess the
criteria, or criteria, or criteria, and technical merit
application application it demonstrates criteria, and
demonstrates one demonstrates that the sufficiently
or more technical applicant can demonstrates
significant challenges that deliver the that the
technical could affect project with project can be
challenges that project minimal successfully
would prevent delivery, but technical delivered by
the applicant not prevent the challenges. the applicant.
from delivering applicant from
the project. delivering the
project.
------------------------------------------------------------------------

Merit Criteria Ratings--Project Benefits
[For the Project Benefits Criteria described in Section E(1) FRA will
evaluate the application's responsiveness to the criteria, including an
assessment of supporting justifications, and assign a cumulative Project
Benefits rating.]
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
Application The 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 benefits project evidence to
project benefits criteria; or benefits assess the
criteria, and does not criteria, and project
demonstrates the demonstrate that adequately benefits
project is not the project will demonstrates criteria, and
likely to achieve all its that the it sufficiently
achieve its intended project will demonstrates
intended benefits. likely achieve that the
benefits. its intended project will
benefits. achieve its
intended
benefits.
------------------------------------------------------------------------

In addition to the ratings described above, FRA will also apply the
selection preferences and consider the Administration Priorities, both
described in Section E(1).
iv. Selection Criteria
After completing the review of eligibility, completeness, and
evaluation criteria (merit review), among projects of similar merit,
FRA will apply the following criteria:
(A) Selection Preferences. FRA will give preference to applications
that include or demonstrate--
1. The proposed R&E funding is less than the maximum funding limit
for the applicable Year(s) of Service, as specified in Section C(2);
2. The application includes funding more than one source, such as
state, local, regional governmental, and/or private sources,
demonstrating broad participation by affected stakeholders (49 U.S.C.
22908(d)(4));
3. The applicant has funding plan that demonstrates the Service
will be financially sustainable beyond the grant period of performance
(49 U.S.C. 22908(d)(5));
4. The proposed Services are on Route(s) selected under the
Corridor Identification and Development Program and operated by Amtrak
(49 U.S.C. 22908(d)(10)); \25\ and,
---------------------------------------------------------------------------

\25\ The Corridor Identification and Development Program
(Corridor ID) is a new program authorized under IIJA. FRA recently
developed the program including the three corridor development steps
(Steps), as well as made its first award selections on December 8,
2023, in response to the FY 2022 Corridor ID NOFO. Only projects
proposed for funding under this NOFO that have completed all
Corridor ID Steps will receive this preference. At the time of
publication of this NOFO, no corridor has completed all Corridor ID
Steps; therefore, it is not expected that any applicants will
benefit from this preference.
---------------------------------------------------------------------------

5. The start of Revenue Service is likely to occur within one year
of award selection. This means most Service preparation activities,
particularly activities with uncertain duration or duration of more
than one year and activities necessary to resolve complex issues, have
been initiated, are well underway, and have realistic near-term
completion dates based on supporting explanations and/or documentation.
This is due to the limitation on the number of active R&E grants.
(B) Administration Priorities:
USDOT prioritizes projects that help to address transportation
insecurity, which is the inability for people to get to where they need
to go to meet the needs of their daily life regularly, reliably, and
safely due to either the high cost of transportation, lack of access,
or lack of safe transportation options. When identifying projects,
applicants must consider how the proposed project will increase safety,
lower transportation costs, increase the availability of multimodal
transportation options, and decrease greenhouse gas emissions. Funding
applications should state the identified area of transportation
insecurity the project is mitigating or reversing. USDOT will also
consider whether the applicant is participating in a federal technical
assistance program as part of the cross-government place based
technical assistance efforts, as appropriate.
1. Safety: FRA will assess the project's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Administration's Priorities to reduce transportation-related
fatalities and serious injuries across the transportation system. Such
considerations will include, but are not limited to, safe operations of
the Intercity Passenger Rail Service. Overall, FRA expects that
projects will provide positive safety benefits for all users and not
negatively impact safety for all users.
2. 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 quality.
Projects that lead to a significant reduction of emissions meet the
objective of this priority.
3. Equity and Justice40: FRA will assess elements including how the
project will enable all people within the multimodal transportation
networks to reach their desired destination safely, affordably, and
with a comparable level of efficiency and ease, how the project helps
reconnect communities and mitigate neighborhood bifurcation, and how
the applicant will engage the public, including disadvantaged
communities, during the project's operations Lifecycle Stage. FRA will
consider the benefits and potential burdens a project may create, who
would experience them, and how the

[[Page 57512]]

benefits and potential burdens will impact underserved/disadvantaged
communities.
Applicants are strongly encouraged to use 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>) in their assessment,
which is a rail-specific complement to the USDOT Equitable
Transportation Community (ETC) Explorer.\26\ The FRA Justice40 Rail
Explorer Tool provides GIS information on communities and pollution
based on the project's location, and applicants can 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.
---------------------------------------------------------------------------

\26\ As appropriate, applicants may also supplement the
Justice40 Rail Explorer Tool by referencing the Climate & Economic
Justice Screening Tool (CEJST), a new tool by the White House
Council on Environmental Quality (CEQ), that aims to help Federal
agencies identify disadvantaged communities as part of the Justice40
initiative to accomplish the goal that 40 percent of benefits from
certain federal investment reach disadvantaged communities.
---------------------------------------------------------------------------

4. 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; promote investments in high-
quality workforce development programs with supportive services to help
train, place, and retain people in good-paying jobs or registered
apprenticeships, with a focus on women, people of color, and others who
are underrepresented in infrastructure jobs (people with disabilities,
people with convictions, etc.); and change hiring policies and
workplace cultures to promote the entry and retention of
underrepresented populations. Also, FRA will consider how the project
promotes local inclusive economic development and entrepreneurship such
as the utilization of Disadvantaged Business Enterprises, Minority-
owned Businesses, Women-owned Businesses, or U.S. Small Business
Administration 8(a) Business Development program firms.
For Administration Priorities, FRA will evaluate whether the
application demonstrates level of risk or responsiveness, as
applicable, and will result in a rating of ``Non-responsive,''
``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as described
in the rubric below. Applicants do not need to respond to all of the
Administration Priorities if a certain criterion is not applicable to
the proposed project or indicate if a criterion is not applicable.

Administration Priorities Ratings
[For the Administration Priorities Criteria described in Section E (1),
FRA will evaluate 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 benefits some evidence, that is information
to any of the but primarily adequately that is
Administration described supported by strongly
Priorities OR qualitatively, both supported by
project is that the project quantitative both
inconsistent is consistent and qualitative quantitative
with one or more with at least evidence that and qualitative
of the one of the the project has evidence that
Administration Administration clear and the project has
Priorities. Priorities. direct benefits clear, direct,
in at least one and significant
of the benefits in one
Administration or more of the
Priorities. Administration
Priorities, and
is not
inconsistent
with any of the
Administration
Priorities.
------------------------------------------------------------------------

The evaluation process may draw upon subject matter experts within
FRA Divisions 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
proposed project. Finally, in determining the allocation of program
funds, FRA may also consider geographic diversity, diversity in the
size of the systems receiving funding, and the applicant's receipt of
other competitive awards.
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 three merit criteria reviews, specifically Project Readiness,
Project Benefits, and Technical Merit criteria ratings as described in
Section E(1); and the Administration Priorities as described in Section
E(1). Provided in the Overall Rating Rubric below, each rating has
defined parameters by which each application will be assessed.

Overall Rating
----------------------------------------------------------------------------------------------------------------
Not recommended Acceptable Recommended Highly recommended
----------------------------------------------------------------------------------------------------------------
The application received an overall The application received The application The application
score of unacceptable based on an overall score of received an overall received an overall
Project Readiness, Technical Merit, acceptable based on score of recommended score of highly
and Project Benefits ratings, and Project Readiness, based on Project recommended based on
consideration of Administration Technical Merit, and Readiness, Technical Project Readiness,
Priorities. Project Benefits Merit, and Project Technical Merit, and
ratings, and Benefits ratings, and Project Benefits
consideration of has clear and direct ratings, and has
Administration benefits in one of the clear, direct, and
Priorities. Administration significant benefits
Priorities. in one or more of the
Administration
Priorities.
----------------------------------------------------------------------------------------------------------------

2. Review and Selection Process

FRA will conduct a five-part application review process, as
follows:
a. Intake and Eligibility Phase: Screen applications for applicant
and project eligibility, completeness, and the minimum amount of non-
federal funds or other federal financial assistance (completed by the
Evaluation

[[Page 57513]]

Management and Oversight Team (EMOT) comprised of FRA program review
directors who manage the pre-award process);
b. Evaluation Review Phase: Evaluate remaining applications against
the technical merit criteria, project benefit criteria, and project
readiness, assess environmental review risk, and consider alignment
with the Administration Priorities. The evaluation review is conducted
by technical merit review panels consisting of FRA staff. The technical
merit review panels may also include other staff from the U.S.
Department of Transportation (DOT). The EMOT will compile the results
of the Evaluation Review Phase consistent with the R&E Program
selection preferences. After considering all FRA reviews under the
statutory requirements and evaluation and selection criteria,
applications will be assigned an overall rating of ``Highly
Recommended,'' ``Recommended,'' ``Acceptable,'' or ``Not Recommended'';
c. Steering Committee Phase: The Steering Committee is comprised of
Senior Directors with the Office of Railroad Development, which may
also include senior leadership from the Railroad Office of Safety and
other relevant departments. The Steering Committee advises the EMOT in
the development and review of the proposed materials in preparation of
the Senior Review Team (SRT) briefing. The Steering Committee may
request more information from FRA offices whose expertise may be
relevant.
d. Senior Review Phase: The SRT will review, apply selection
criteria, and recommend initial selection of projects for the FRA
Administrator's review (completed by a Senior Review Team, which will
include FRA senior leadership and may include senior leadership from
the Office of the Secretary, as needed); and
e. Selection and Award Phase: Select recommended awards for the
Under Secretary of Transportation's or his designee's review and
approval (completed by the FRA Administrator).

3. Reporting Matters Related to Integrity and Performance

Before making a federal award with a total amount of federal
funding greater than the simplified acquisition threshold per 2 CFR
200.1 and 2 CFR 200.320, 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 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

FRA will announce applications selected for funding in a press
release and on FRA's website after the application review period. This
announcement is FRA's notification to successful and unsuccessful
applicants alike. FRA will contact applicants with successful
applications after announcement with information and instructions about
the award process. This notification is not an authorization to begin
proposed project activities. FRA requires satisfaction of applicable
requirements by the applicant and a formal agreement signed by both the
recipient and the FRA, including an approved scope, schedule, and
budget, before obligating the grant. See an example of standard terms
and conditions for FRA grant awards at <a href="https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements">https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements</a>. This template is
subject to revision.

2. Administrative and National Policy Requirements

In connection with any program or activity conducted with or
benefiting from funds awarded under this Notice, recipients of funds
must comply with all applicable requirements of federal law, including,
without limitation, the Constitution of the United States; the
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, recipients, must ensure,
in particular, 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 recipient
has failed to comply with applicable federal requirements, DOT may
terminate the award of funds and disallow previously incurred costs,
requiring the grantee to reimburse any expended award funds.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D, 2 CFR 1207.317, and 2 CFR 200.401; compliance with federal
civil rights laws and regulations; disadvantaged business enterprises
requirements; debarment and suspension requirements; drug-free
workplace requirements; FRA's and OMB's Assurances and Certifications;
the Americans with Disabilities Act (ADA); safety requirements; NEPA;
and environmental justice requirements. Unless otherwise stated in
statutory or legislative authority, or appropriations language, all
financial assistance awards follow the Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards
at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject to the grant conditions in 49
U.S.C. 22905, including protective arrangements that are equivalent to
the protective arrangements established under section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836) with respect to employees affected by actions taken in connection
with the project to be financed in whole or in part by grants subject
to 49 U.S.C. 22905, and the provision deeming operators Rail Carriers
and employers for certain purposes.\27\
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\27\ Under 49 U.S.C. 22905(c)(1), a written agreement between
the applicant and the owner of railroad rights-of-way is only
required if the project uses the railroad right-of-way. Financial
assistance for a project that is limited to operations does not use
the railroad right-of-way, so no such agreement is required.
---------------------------------------------------------------------------

Projects that have not sufficiently considered climate change and
sustainability in their planning, as determined by FRA, will be
required to do so before obligating a grant, consistent with Executive
Order 14008,\28\ Tackling the Climate Crisis at Home and Abroad (86 FR
7619). In the grant agreement, recipients will be expected to describe
activities they have taken or will take that addresses climate change.
Activities that address climate change include, but are not limited to,
demonstrating the proposed project will result in significant
greenhouse gas

[[Page 57514]]

emissions reductions; the project supports emissions reductions goals
in a local/regional/state plan; the project improves disaster
preparedness and resilience; and the project primarily focuses on
funding for state of good repair and clean transportation options,
including public transportation, walking, biking, and micro-mobility.
Activities that address environmental justice inequities include, but
are not limited to, supporting a modal shift in freight or passenger
movement to reduce emissions or reduce induced travel demand.
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\28\ <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/</a>.
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Projects must consider and address equity and barriers to
opportunity in their planning, as determined by FRA, consistent with
Executive Order 13985,\29\ Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (86 FR 7009). In
the grant agreement, recipients should include a description of
activities they have taken or will take that addresses equity and
barriers to opportunity. These activities may include, but are not
limited to: completing an equity impact analysis for the project;
adopting an equity and inclusion program/plan; conducting meaningful
public engagement to ensure underserved communities are provided an
opportunity to be involved in the planning process; including
investments that either redress past barriers to opportunity or that
proactively create new connections and opportunities for underserved
communities; hiring from local communities; improving access to or
providing economic growth opportunities for underserved, overburdened,
or rural communities; or addressing historic or current inequitable air
pollution or other environmental burdens and impacts.
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\29\ <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/</a>.
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Recipients must comply with applicable appropriations act
requirements and all relevant requirements of 2 CFR part 200. Rights to
intangible property under grants awarded under this NOFO are governed
in accordance with 2 CFR part 200.315. See an example of standard terms
and conditions for FRA grant awards at <a href="https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions">https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions</a>. This template is
subject to revision.
To the extent that applicants have not sufficiently considered job
quality and labor rights in their planning, as determined by the
Department of Labor, the applicants will be required to do so before
receiving funds for construction, consistent with Executive Order
14025,\30\ Worker Organizing and Empowerment (86 FR 22829), and
Executive Order 14052,\31\ Implementation of the Infrastructure
Investment and Jobs Act (86 FR 64335). Specifically, the 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) 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.
---------------------------------------------------------------------------

\30\ <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/26/executive-order-on-worker-organizing-and-empowerment/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/26/executive-order-on-worker-organizing-and-empowerment/</a>.
\31\ <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/12/executive-order-on-the-implementation-of-the-energy-and-infrastructure-provisions-of-the-inflation-reduction-act-of-2022/">https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/12/executive-order-on-the-implementation-of-the-energy-and-infrastructure-provisions-of-the-inflation-reduction-act-of-2022/</a>.
---------------------------------------------------------------------------

a. Federal Contract Compliance
As a condition of grant award and consistent with Executive Order
11246,\32\ 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 and its
implementing regulations, affirmative action obligations for certain
contractors include an aspirational employment goal of seven percent
workers with disabilities.
---------------------------------------------------------------------------

\32\ <a href="https://www.dol.gov/agencies/ofccp/executive-order-11246/ca-11246">https://www.dol.gov/agencies/ofccp/executive-order-11246/ca-11246</a>.
---------------------------------------------------------------------------

The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with protecting America's
workers by enforcing equal employment opportunity and affirmative
action obligations of employers that do business with the federal
government. OFCCP enforces Executive Order 11246, Section 503 of the
Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment
Assistance Act of 1974. Together these legal authorities make it
unlawful for federal contractors and subcontractors to discriminate in
employment because of race, color, religion, sex, sexual orientation,
gender identity, national origin, disability, or status as a protected
veteran.
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 both physical and
cyber threats. Each applicant selected for federal funding under this
notice must demonstrate, prior to signing of the grant agreement,
efforts to consider and address physical and cyber security risks
relevant to the transportation mode and type and scale of the project.
Proposed projects that have not appropriately considered and addressed
physical and cyber security and resilience in their planning, design,
and project oversight, as determined by the Department and the
Department of Homeland Security, will be required to do so before grant
obligation, consistent with the National Security Memorandum
Presidential Policy Directive 221 to Secure and Enhance the Resilience
of U.S. Critical Infrastructure.\33\
---------------------------------------------------------------------------

\33\ <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/30/fact-sheet-biden-harris-administration-announces-new-national-security-memorandum-on-critical-infrastructure/">https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/30/fact-sheet-biden-harris-administration-announces-new-national-security-memorandum-on-critical-infrastructure/</a>.
---------------------------------------------------------------------------

c. Domestic Preference Requirements
Assistance under this NOFO is subject to the Buy America
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America
Act, Public Law 117-58, 70901-52. In addition, as expressed in
Executive Order 14005,\34\ Ensuring the Future Is Made in All of
America by All of America's Workers (86 FR 7475), it is the policy of
the executive branch to maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. FRA expects all applicants to comply with that
requirement without needing a waiver. However, to obtain a waiver, an
applicant must be prepared to demonstrate how the applicant will
maximize the use of domestic goods, products, and materials in
constructing its project. If an applicant anticipates it may need a
waiver, the applicant should indicate the need in its application and

[[Page 57515]]

submit materials necessary for such requests together with its
application.
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\34\ <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/executive-order-on-ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-workers/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/executive-order-on-ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-workers/</a>.
---------------------------------------------------------------------------

d. Civil Rights and Title VI
As a condition of a grant award, grant recipients should
demonstrate that the recipient has a plan for compliance with civil
rights obligations and nondiscrimination laws, including Title VI of
the Civil Rights Act of 1964 and implementing regulations (49 CFR part
21), the Americans with Disabilities Act of 1990 (ADA), Section 504 of
the Rehabilitation Act, all other civil rights requirements, and
accompanying regulations. This may 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 the applicable Operating Administrations' Office
of Civil Rights may work with awarded grant recipients to ensure full
compliance with Federal civil rights requirements.

3. Reporting

a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring and
close out requirements. Reports may be submitted electronically.
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 subrecipients are also encouraged to incorporate
program evaluation, including associated data collection activities
from the outset of their program design and implementation, to
meaningfully document and measure their progress towards meeting an
agency priority goal(s). Title I of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019)
urges federal awarding agencies and federal assistance recipients and
subrecipients to use program evaluation as a critical tool to learn, to
improve equitable delivery, and to elevate program service and delivery
across the Project Performance Period of the grant agreement/
cooperative agreement. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency'' (5 U.S.C. 311). Credible program evaluation activities are
implemented with relevance and utility, rigor, independence and
objectivity, transparency, and ethics (OMB Circular A-11, Part 6
Section 290).
For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation (2 CFR part 200).
d. Performance Reporting
Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the recipient to assess progress in achieving strategic
goals and objectives. Examples of some performance measures are listed
in the table below. The applicable measure(s) will depend upon the type
of project, consistent with the recipient's application materials and
program goals.

Example Performance Measures
----------------------------------------------------------------------------------------------------------------
Primary administration
Performance measures Unit reported priority Description
----------------------------------------------------------------------------------------------------------------
Number of Passenger Trains........... Total number of Workforce Development, The number of daily
Passenger Trains per Job Quality, and passenger trains
Year. Wealth Creation. between city pairs on
the Route.
Passenger Ridership (i.e., Counts)... Total Ridership per Workforce Development, Total annual passenger
Year. Job Quality, and ridership represented
Wealth Creation. in total tickets sold
or trips completed for
passengers boarding
and alighting
(departing and
arriving) at all
stations on the Route.
Annual Revenue....................... U.S. Dollars per Year.. Workforce Development, Total annual Revenue
Job Quality, and generated from
Wealth Creation. ridership of the
Service, represented
from total tickets
sold for trips
originating or
terminating at all
stations on the Route.
----------------------------------------------------------------------------------------------------------------

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. DOT may
require applicants to collect data elements to aid the evaluation. As a
part of the evaluation, as a condition of award,

[[Page 57516]]

recipient 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#226470630f6c6d646d0f715752524d505662464d560c454d54">[email&#160;protected]</a>.
If additional assistance is needed, you may contact Mr. Marc Dixon,
Office of Rail Program Development, Federal Railroad Administration, at
email: <a href="/cdn-cgi/l/email-protection#65080417064b010c1d0a0b25010a114b020a13">[email&#160;protected]</a>; or telephone: 202-493-0614.

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 FOIA. Unless prohibited by law and to the
extent permitted under the FOIA, contents of applications 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.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024-15357 Filed 7-12-24; 8:45 am]
BILLING CODE 4910-06-P

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