[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75119-75134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26610]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


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

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

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

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

DATES: Applications for funding under this solicitation are due no 
later than 5 p.m. ET, March 7, 2023. Applications that are incomplete 
or received after 5 p.m. ET, on March 7, 2023 will not be considered 
for funding. See Section D of this notice for additional information on 
the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov will be 
eligible for award. For any supporting application materials that an 
applicant is unable to submit via www.Grants.gov (such as oversized 
engineering drawings), an applicant may submit an original and two (2) 
copies to Deborah Kobrin, Office of Rail Program Development, Federal 
Railroad Administration, 1200 New Jersey Ave SE, Washington, DC 20590; 
or Mr. Sergio Coronado, Office of Rail Program Development, Federal 
Railroad Administration, 55 Broadway, Cambridge, MA 02142. However, due 
to delays caused by enhanced screening of mail delivered via the U.S. 
Postal Service, applicants are advised to use other means of conveyance 
(such as courier service) to assure timely receipt of materials before 
the application deadline.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this Notice, please contact the FRA NOFO Support program staff via 
email at [email protected]. If additional assistance is needed, 
you may contact Mr. Douglas Gascon, Office of Policy and Planning, 
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38-
212, Washington, DC 20590; email: [email protected]; or telephone: 
202-493-2039; or Mr. Sergio Coronado, Office of Rail Program 
Development, Federal Railroad Administration, 55 Broadway, Cambridge, 
MA 02142; email: [email protected]; telephone: 617-571-1213; or 
Ms. Deborah Kobrin, Office of Rail Program Development, Federal 
Railroad Administration, 1200 New Jersey Ave SE, Room W33-311, 
Washington, DC 20590; email: [email protected]; telephone: 202-
493-0765.

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

Table of Contents

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

A. Program Description

1. Overview

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

[[Page 75120]]

appropriations as provided in Title VIII of Division J of IIJA, and the 
Consolidated Appropriations Act, 2022 (Pub. L. 117-103) (Appropriations 
Act). The opportunity described in this notice is made available under 
Assistance Listings Number 20.326, ``Federal-State Partnership for 
Intercity Passenger Rail.''
    Discretionary grant awards, funded through the FSP Program, will 
support projects that improve safety, economic strength and global 
competitiveness, equity, climate and sustainability, and 
transformation, consistent with the U.S. Department of Transportation's 
(DOT) strategic goals.\1\
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    \1\ DOT Strategic Plan FY 2022-2026 (March 2022) at https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf.
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    The FSP Program will be implemented, as appropriate and consistent 
with law, in alignment with the priorities in Executive Order 14052, 
Implementation of the Infrastructure Investment and Jobs Act (86 FR 
64355), which are to invest public dollars efficiently, advance equity, 
promote the competitiveness of the U.S. economy, improve job 
opportunities by focusing on high labor standards, strengthen 
infrastructure resilience to all hazards including climate change, and 
effectively coordinate with State, local, Tribal, and territorial 
government partners.
    FRA intends to use the FSP Program to support the creation of good-
paying jobs with the free and fair choice to join a union and the 
incorporation of strong labor standards and training and placement 
programs, especially registered apprenticeships, and local hire 
agreements, in project planning and development. Projects that 
incorporate such planning considerations are expected to support a 
strong economy and labor market, in alignment with the priorities in 
Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829) 
and Executive Order 14052, Implementation of the Infrastructure 
Investment and Jobs Act (86 FR 64335). Section E describes job creation 
and labor considerations that an applicant can undertake and FRA will 
consider during the review of applications.
    In addition, FRA seeks to fund projects under the FSP Program that 
reduce greenhouse gas emissions and are designed with specific elements 
to address climate change impacts, in alignment with the priorities in 
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad 
(86 FR 7619). Specifically, FRA is looking to award projects that align 
with the President's greenhouse gas reduction goals, promote energy 
efficiency, support fiscally responsible land use and efficient 
transportation design, increase climate resilience, support domestic 
manufacturing, and reduce pollution.
    FRA also seeks to fund projects that address environmental justice, 
particularly for communities that disproportionally experience climate 
change-related consequences. Environmental justice, as defined by the 
Environmental Protection Agency (EPA), is the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income, with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. As part of the implementation of Executive Order 14008, FRA 
seeks to fund projects that, to the extent possible, target at least 40 
percent of resources and benefits towards low-income communities, 
disadvantaged communities, communities underserved by affordable 
transportation, or overburdened \2\ communities. For more information, 
please consult DOT's disadvantaged communities mapping tool to 
determine if a proposed project impacts disadvantaged communities: 
Transportation Disadvantaged Census Tracts at: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a.
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    \2\ Overburdened Community means minority, low-income, tribal, 
or indigenous populations or geographic locations in the United 
States that potentially experience disproportionate environmental 
harms and risks. This disproportionality can be as a result of 
greater vulnerability to environmental hazards, lack of opportunity 
for public participation, or other factors. Increased vulnerability 
may be attributable to an accumulation of negative or lack of 
positive environmental, health, economic, or social conditions 
within these populations or places. The term describes situations 
where multiple factors, including both environmental and socio-
economic stressors, may act cumulatively to affect health and the 
environment and contribute to persistent environmental health 
disparities.
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    Additionally, FRA seeks to fund projects that proactively address 
racial equity and barriers to opportunity, including automobile 
dependence as a form of barrier, or redress prior inequities and 
barriers to opportunity, in alignment with the priorities in Executive 
Order 13985, Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government (86 FR 7009). Section E 
describes racial equity considerations that an applicant can undertake 
and FRA will consider during the review of applications.
    Furthermore, consistent with the Department's Rural Opportunities 
to Use Transportation for Economic Success (ROUTES) initiative, the 
Department seeks to award funding to rural projects that address 
deteriorating conditions and disproportionately high fatality rates and 
transportation costs in rural communities.
    Section E of this NOFO, which outlines the grant selection 
criteria, describes the process for selecting projects that further 
these goals. Section F.3 describes progress and performance reporting 
requirements for selected projects.

2. Definitions of Key Terms

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

[[Page 75121]]

environmental studies, and all work necessary for FRA to approve the 
project under the National Environmental Policy Act; highway-rail grade 
crossing improvements; communication and signalization improvements; 
and rehabilitating, remanufacturing, or overhauling rail rolling stock 
and rail facilities.
    d. ``Construction'' means the Lifecycle Stage of a Capital Project 
when physical production of fixed works and structures, or substantial 
alterations to such structures or land, or production or refurbishment 
of vehicles and equipment, are accomplished and commissioned for 
operational use. Construction includes associated project 
administration, test of equipment as appropriate, systems integration 
testing, workforce training, system certification, procurement of 
insurance, pre-revenue service, start-up testing, and other related 
costs.
    e. ``Commuter Rail Passenger Transportation'' means short-haul rail 
passenger transportation in metropolitan and suburban areas usually 
having reduced fare, multiple rides, and commuter tickets, and morning 
and evening peak period operations, consistent with 49 U.S.C. 24102(3); 
the term does not include rapid transit operations in an urban area 
that are not connected to the general railroad system of 
transportation.
    f. ``Final Design (FD)'' means the Capital Project Lifecycle Stage 
when final design and engineering plans and specifications necessary 
for the Construction stage are completed, and, at a minimum, includes 
(1) the preparation of final design plans consistent with the 
applicable environmental decision document and detailed specifications, 
(2) the preparation of an updated Project Management Plan, (3) the 
preparation of an updated project schedule, cost estimate, and other 
necessary plans that may include a financial plan, sufficiently 
detailed to inform decision makers of the actions required to advance 
the project through completion of Construction. FD may include early 
construction or relocations and procurement of equipment and materials 
during the final design stage, when such work is permissible under 
applicable law.
    g. ``Improvement'' means repair or enhancement to existing rail 
infrastructure, equipment, or facility, or construction of new rail 
infrastructure, equipment or facilities, that results in efficiency of 
the rail system and the safety of those affected by the system.
    h. ``Intercity Rail Passenger Transportation'' means rail passenger 
transportation, except commuter rail passenger transportation. See 49 
U.S.C. 24911(a)(2). In this notice, ``Intercity Passenger Rail 
Service'' and ``Intercity Passenger Rail Transportation'' are 
equivalent terms to ``Intercity Rail Passenger Transportation.''
    i. ``Lifecycle Stage'' means each of the consecutive stages of a 
Capital Project as it is developed and implemented that include systems 
planning, Project Planning, Project Development, Final Design, 
Construction, and operation. Each sequential stage involves specific 
activities.\4\
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    \4\ FRA evaluates project readiness for a lifecycle stage when 
considering a project for funding.
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    j. ``Major Capital Project'' means a Capital Project with a Capital 
Cost Estimate of $500 million and with at least $100 million in federal 
assistance under the FSP Program.
    k. ``National Environmental Policy Act (NEPA)'' is a federal law 
that requires Federal agencies to analyze and document the 
environmental impacts of a proposed action in consultation with 
appropriate Federal, State, and local authorities, and with the public. 
NEPA classes of action include an Environmental Impact Statement (EIS), 
Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA 
class of action depends on the nature of the proposed action, its 
complexity, and the potential impacts. For purposes of this NOFO, NEPA 
also includes all related Federal laws and regulations including the 
Clean Air Act, Section 4(f) of the Department of Transportation Act, 
Section 7 of the Endangered Species Act, and Section 106 of the 
National Historic Preservation Act. Additional information regarding 
FRA's environmental processes and requirements are located at https://railroads.dot.gov/rail-network-development/environment/environment.
    l. ``Northeast Corridor'' (``NEC'') means the main rail line 
between Boston, Massachusetts and the District of Columbia; the branch 
rail lines connecting to Harrisburg, Pennsylvania, Springfield, 
Massachusetts, and Spuyten Duyvil, New York; and facilities and 
services used to operate and maintain these lines, consistent with 49 
U.S.C. 24911(a)(3).
    m. ``Project Development'' means the Capital Project Lifecycle 
Stage during which (1) the environmental review process required under 
NEPA and other related environmental laws is completed, and the 
permitting processes is advanced as appropriate; (2) preliminary 
engineering and other preliminary design is completed to support the 
environmental review and preparation of estimates of risk, costs, 
benefits, and impacts; (3) a project management plan is prepared that 
identifies procurement requirements and strategies; (4) a detailed 
project schedule and a cost estimate are prepared; and (5) a financial 
plan for Major Projects and other necessary plans are prepared.
    n. ``Project Planning'' means the Capital Project Lifecycle Stage 
during which the Project Sponsor (1) identifies capital project 
concepts to address transportation needs and opportunities; (2) 
identifies and compares costs, benefits, and impacts of project 
options; (3) identifies the impacted environmental resources and 
engages with interested parties, agencies, and infrastructure owners.
    o. ``Project Management Plan'' means a document that describes how 
the Capital Project will be implemented, monitored, and controlled to 
help the applicant effectively, efficiently, and safely deliver the 
project on-time, within-budget, and at the highest appropriate quality.
    p. ``Preliminary Engineering (PE)'' means engineering design to 
define a Capital Project, including identification of all environmental 
impacts and design of all critical project elements at a level 
sufficient to assure reliable cost estimates and schedules. The PE 
development process starts with specific project design alternatives 
that allow for the assessment of a range of rail improvements, specific 
alignments, and project designs.
    q. ``State of Good Repair'' means a condition in which physical 
assets, both individually and as a system, are (A) performing at a 
level at least equal to that called for in their as-built or as-
modified design specification during any period when the life cycle 
cost of maintaining the assets is lower than the cost of replacing 
them; and (B) sustained through regular maintenance and replacement 
programs, consistent with 49 U.S.C. 24102(12).

B. Federal Award Information

1. Available Award Amount

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

[[Page 75122]]

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

2. Award Size

    There are no predetermined minimum or maximum dollar thresholds for 
awards. FRA anticipates making multiple awards with the available 
funding. FRA may not be able to award grants to all eligible 
applications even if they meet or exceed the stated evaluation criteria 
(see Section E, Application Review Information). Projects may require 
more funding than is available. FRA encourages applicants to propose a 
project that has operational independence or a component of such 
project and that can be completed and implemented with funding under 
this NOFO as a part of the total project cost together with other, non-
Federal sources. (See Section C(3)(c) for more information.)

3. Award Type

a. Grants and Cooperative Agreements
    FRA will make awards for projects selected under this notice 
through grant agreements or cooperative agreements. Grant agreements 
are used when FRA does not expect to have substantial Federal 
involvement in carrying out the funded activity. Cooperative agreements 
allow for substantial Federal involvement in carrying out the agreed 
upon investment, including technical assistance, review of interim work 
products, and increased program oversight. The term ``grant'' is used 
throughout this document and is intended to reference funding awarded 
through a grant agreement, as well as funding awarded through a 
cooperative agreement. The funding provided under this NOFO will be 
made available to grantees on a reimbursable basis. Applicants must 
certify that their expenditures are allowable, allocable, reasonable, 
and necessary to the approved project before seeking reimbursement from 
FRA. Additionally, the grantee is expected to expend matching funds at 
the required percentage concurrent with Federal funds throughout the 
life of the project. See an example of standard terms and conditions 
for FRA grant awards at: https://www.fra.dot.gov/eLib/Details/L19057. 
This template is subject to revision.
b. Letters of Intent and Phased Funding Agreements
    FRA may issue Letters of Intent (LOI) or Phased Funding Agreements 
(PFA) to FSP grantees proposing Major Capital Projects under this FSP-
National NOFO. Applications for a Major Capital Project that may seek 
FSP funds beyond what is made available in this NOFO and that seek an 
LOI or PFA must request an LOI or PFA in the Project Narrative and 
provide the additional information required in section D.2.a.iii. 
Additionally, FRA may independently determine that a project is 
appropriate for an LOI or PFA.
    An LOI, authorized at 49 U.S.C. 24911(g)(1), is a letter from FRA 
to a grantee announcing ``an intention to obligate'' an amount to its 
Major Capital Project from future budget authority. LOIs are contingent 
commitments and not binding obligations of the Federal government. FRA 
intends to use LOIs to demonstrate its intent to provide future Final 
Design and Construction Lifecycle Stage funding for Major Capital 
Projects assuming successful completion of Project Planning and Project 
Development Lifecycles for the project. FRA anticipates limiting the 
use of LOIs primarily to appropriate projects currently in, or 
beginning, the Project Development Lifecycle Stage. In issuing the LOI, 
FRA may outline conditions and/or define readiness thresholds that the 
grantee may use to inform future funding requests for FSP-National 
funds.
    A PFA, authorized at 49 U.S.C. 24911(g)(2), is an agreement 
associated with the obligation of an initial grant award under the FSP 
Program. FRA may enter into a PFA for highly rated Major Capital 
Projects. A PFA shall: (1) establish the terms of participation by the 
Federal Government in the project; (2) establish the maximum amount of 
Federal financial assistance for the project; (3) include the period of 
time for completing the project, even if such period extends beyond the 
period for which Federal financial assistance is authorized; and (4) 
make timely and efficient management of the project easier in 
accordance with Federal law.\5\ FRA anticipates limiting the use of 
PFAs to applications that include funding for the Construction 
Lifecycle Stage and are scheduled to enter the Final Design or 
Construction Lifecycle Stage within two (2) years of the date of the 
application. PFAs are contingent commitments and are not financial 
obligations of the Federal government. However, unlike LOIs, PFAs are 
agreements with an initial obligation of funding provided from this 
solicitation. FRA commits to the future obligation of funding as 
specified in the PFA, generally for the duration of the project, as 
long as the grantee continues to meet the terms of the PFA and Congress 
appropriates sufficient FSP funding for such purpose.
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    \5\ Generally, prior to receiving a PFA, the project sponsor 
must complete the process for complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
related environmental laws for the project.
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4. Concurrent Applications

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

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost 
sharing and matching requirements, project eligibility, and operational 
independence. Applications that do not meet the requirements in this 
section will be ineligible for funding.

[[Page 75123]]

Instructions for submitting eligibility information to FRA are detailed 
in Section D of this NOFO.

1. Eligible Applicants

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

2. Cost Sharing and Matching

    The Federal share of total costs for FSP projects funded under this 
notice shall not exceed 80 percent. The estimated total cost of a 
project must be based on the best available information, including 
engineering studies, studies of economic feasibility, environmental 
analyses, and information on the expected use of equipment and/or 
facilities. Additionally, in preparing the Capital Cost Estimates, 
applicants should, as appropriate, consult available FRA guidance, 
including FRA's cost estimate guidance documentation, ``Capital Cost 
Estimating: Guidance for Project Sponsors.'' \6\
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    \6\ The ``Capital Cost Estimating: Guidance for Project 
Sponsors,'' is available at: https://www.fra.dot.gov/Page/P0926.
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    The minimum 20 percent non-Federal share may be comprised of public 
sector (e.g., State or local) or private sector funding. FRA will not 
consider any Federal financial assistance \7\ or any non-Federal funds 
already expended (or otherwise encumbered) toward the matching 
requirement, unless compliant with 2 CFR part 200. In-kind 
contributions, including the donation of services, materials, and 
equipment, may be credited as a project cost in a uniform manner 
consistent with 2 CFR 200.306.
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    \7\ See Section D(2)(a)(iii) for supporting information required 
to demonstrate eligibility of Federal funds for use as match.
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    If Amtrak is an applicant, Amtrak may use its ticket and other non-
Federal revenues generated from its operations and other sources to 
satisfy the non-Federal share requirements. Applicants must identify 
the source(s) of their matching and must clearly and distinctly reflect 
these funds as part of the total project cost.
    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See Section D(3)(a)(iii) 
for required application information on non-Federal match and Section E 
for further discussion of FRA's consideration of matching funds in the 
review and selection process. FRA will approve pre-award costs incurred 
after announcement of awards consistent with 2 CFR 200.458, as 
applicable. See Section D(6). Cost sharing or matching may be used only 
for authorized Federal award purposes.

3. Other

    a. Project Eligibility: The following capital projects, including 
acquisition of real property interests, are eligible to receive grants 
under this NOFO.
    1. A project to replace, rehabilitate, or repair infrastructure, 
equipment,\8\ or a facility used for providing intercity passenger rail 
service to bring such assets into a state of good repair.
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    \8\ The location of the equipment's primary use will determine 
whether the equipment is eligible to receive funding under this 
NOFO.
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    2. A project to improve intercity passenger rail service 
performance, including reduced trip times, increased train frequencies, 
higher operating speeds, improved reliability, expanded capacity, 
reduced congestion, electrification, and other improvements, as 
determined by the Secretary.
    3. A project to expand or establish new intercity passenger rail 
service.
    4. A group of related projects described in paragraphs (1) through 
(3).
    5. The planning, environmental studies, and final design for a 
project or group of projects described in paragraphs (1) through (4).
    For projects that are on a shared corridor with Commuter Railroad 
Passenger Transportation or freight transportation, applicants must 
clearly demonstrate how the proposed project directly benefits 
Intercity Passenger Rail Transportation and that funding the proposed 
project would be a reasonable investment in Intercity Passenger Rail 
Transportation, independent and separate from consideration of the 
proposed project's benefits to other transportation purposes. A project 
that uses rolling stock or equipment originating from a ``country of 
concern'' or from a state-owned enterprise, as those terms are defined 
under 49 U.S.C. 20171, is ineligible.
    Capital Projects, as further defined in Section A(2), may include 
the acquisition of real property interests, planning, Project 
Development, Final Design, and Construction. Pre-Construction 
activities are eligible for funding independently or in conjunction 
with proposed funding for construction. Projects that include Project 
Development may include engineering drawings and specifications (scale 
drawings at the 30% design level, including track geometry as 
appropriate); design criteria, schematics, and/or track charts that 
support the development of PE; and work that can be funded in 
conjunction with developing PE, such as operations modeling, surveying, 
project work/management plans, preliminary cost estimates, and 
preliminary project schedules. Project Development funded under this 
NOFO must be sufficiently developed when complete to support FD or 
Construction activities. (See Section D(2)(a)(xii) for additional 
information.)
    b. Project Component: If an applicant requests funding for a 
component or set of components of a larger capital project, the project 
component(s) must be attainable with the award amount and comply with 
all eligibility

[[Page 75124]]

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

D. Application and Submission Information

    Required documents for the application are outlined in the 
following paragraphs. Applicants should, as appropriate, consult 
available FRA guidance when developing applications. Applicants must 
complete and submit all components of the application. See Section D(2) 
for the application checklist. FRA welcomes the submission of 
additional relevant supporting documentation, such as planning, 
engineering, and design documentation, and letters of support from 
partnering organizations, which will not count against the Project 
Narrative 25-page limit.

1. Address To Request Application Package

    Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their 
entirety through https://www.Grants.gov no later than 5 p.m. ET, on 
March 7, 2023. Applicants must complete an Authorized Organization 
Representative (AOR) profile on www.Grants.gov and create a username 
and password. Additional information about the registration process is 
available at: https://www.grants.gov/web/grants/applicants/organization-registration.html.
    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 Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270.
    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: [email protected]; phone: 202-578-
9337.
    The E-Business Point of Contact at the applicant's organization 
must respond to the registration email from Grants.gov and login at 
www.Grants.gov 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 Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays). 
For information and instructions on each of these processes, please see 
instructions at: https://www.grants.gov/web/grants/applicants/apply-for-grants.html.

2. Content and Form of Application Submission

    FRA strongly advises applicants to read this section carefully. 
Applicants must submit all required information and components of the 
application package to be considered for funding. Applications that are 
not submitted on time or do not contain all required documentation will 
not be considered for funding. To support the application, applicants 
may provide other relevant and available optional supporting 
documentation that may have been developed by the applicant, especially 
such documentation that provides evidence of completion of the 
appropriate Lifecycle Stage(s) of a Capital Project. Additionally, 
applicants selected to receive funding must satisfy the requirements in 
49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and 
conditions explained in part at https://www.fra.dot.gov/page/P0185 and 
further in section F.2 of this notice.
    Required documents for an application package are outlined in the 
checklist below.
    i. Project Narrative (see D.2.a).
    ii. Statement of Work (see D.2.b.i).
    iii. Benefit-Cost Analysis (see D.2.b.ii).
    iv. Environmental Compliance Documentation (see D.2.b.iii).

[[Page 75125]]

    v. Funding Commitment Supporting Documentation (see D.2.b.iii).
    vi. SF 424--Application for Federal Assistance.
    vii. SF 424C--Budget Information for Construction, or, for an 
equipment procurement project or non-Construction project, SF 424A--
Budget Information for Non-Construction.
    viii. SF 424D--Assurances for Construction, or, for an equipment 
procurement project or non-Construction project, SF 424B--Assurances 
for Non-Construction.
    ix. FRA's F 30--Certifications Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying.
    x. SF LLL--Disclosure of Lobbying Activities.
    xi. Draft Agreement required under 49 U.S.C. 22905(c)(1), if 
applicable (see D.2.b.xi).
a. Project Narrative
    This section describes the minimum content required in the Project 
Narrative of grant applications. The Project Narrative must follow the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

I. Cover Page, See D.2.a.i
II. Project Summary, See D.2.a.ii
III. Project Funding, See D.2.a.iii
IV. Applicant Eligibility Criteria, See D.2.a.iv
V. Project Eligibility Criteria, See D.2.a.v
VI. Detailed Project Description, See D.2.a.vi
VII. Project Location, See D.2.a.vii
VIII. Grade Crossing Information, if applicable, See D.2.a.viii
IX. Evaluation and Selection Criteria, See D.2.a.ix
X. Project Implementation and Management, See D.2.a.x
XI. Environmental Readiness, See D.2.a.xi

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

------------------------------------------------------------------------
               Project title
------------------------------------------------------------------------
Lead Applicant Name                          ...........................
Joint Applicant(s) Name(s), if any           ...........................
Amount of Federal Funding Requested in this  ...........................
 Application
Proposed Non-Federal Match                   ...........................
Total Project Cost                           ...........................
Was a Federal Grant Application Previously   Yes/No.
 Submitted for this Project?.
If Yes, State the Name of the Federal Grant  Federal Grant Program:
 Program and Title of the Project in the
 Previous Application.
City(-ies), State(s) Where the Project is    ...........................
 Located
Current Project Lifecycle Stage              ...........................
Intercity Passenger Rail Service(s)          ...........................
 Benefiting from the Project (incl. any
 Long-Distance Services)
Infrastructure Owner(s) of Project Assets    ...........................
Congressional District(s) Where the Project  ...........................
 is Located
LOI/PFA Requested?.........................  Yes/No
------------------------------------------------------------------------

    ii. Project Summary: Provide a brief 4-6 sentence summary of the 
proposed project. Include challenges the proposed project aims to 
address and summarize the intended outcomes and anticipated benefits 
that will result from the proposed project.
    iii. Project Funding: Indicate in table format the amount of 
Federal funding requested, the proposed non-Federal match, and total 
project cost. For a Major Capital Project seeking funding for the 
Construction stage the amount of federal funding requested should 
include the remaining budget needed to complete the Construction 
Lifecycle Stage. Identify the source(s) of matching and other funds, 
and clearly and distinctly reflect these funds as part of the total 
project cost in the application budget. Include funding commitment 
letters outlining funding agreements, as attachments or in an appendix. 
Funding commitments must be signed by an authorized representative of 
the entity providing a Non-Federal match. If Federal funding is 
proposed as match, demonstrate the applicant's determination of 
eligibility for such use and the legal basis for that determination. 
Also, note if the requested Federal funding under this NOFO or other 
programs must be obligated or spent by a certain date due to 
dependencies or relationships with other Federal or non-Federal funding 
sources, related projects, law, or other factors. If applicable, 
provide the type and estimated value of any proposed in-kind 
contributions, as well as substantiate how the contributions meet the 
requirements in 2 CFR 200.306.
    For a Major Capital Projects seeking funding for construction and 
scheduled to enter the Final Design or Construction Lifecycle Stage 
within two (2) years of the date of the application, provide an 
annualized budget of the total project cost in year of expenditure 
dollars based on the Capital Cost Estimate. An applicant should specify 
if it is seeking a PFA. Additionally, if applicable, applicants should 
identify and describe project phases and/or delivery elements that 
could be candidates for subsequent FSP funding, as part of a potential 
PFA if such funding becomes available. PFA disbursements are not 
required to align and need not be scheduled to align with project 
components with independent utility or operational independence, since 
the project as a whole achieves independent utility and operational 
independence. However, applicants are encouraged to identify meaningful 
milestones by which FRA can measure project progress for each 
forecasted funding request. Finally, applicants must specify whether 
Federal funding for the project has previously been sought and identify 
the Federal program and fiscal year of the funding request(s), as well 
as highlight new or revised information in the FSP-National NOFO 
application that differs from the application(s) to other financial 
assistance programs.

[[Page 75126]]



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

    iv. Applicant Eligibility Criteria: Explain how the lead applicant 
and joint applicant(s) meet the applicant eligibility criteria outlined 
in Section C of this notice. For public agencies and publicly chartered 
authorities established by one or more States, the explanation must 
include relevant legislative language and citations to the applicable 
enabling legislation. To submit a joint application, the lead applicant 
must identify the joint applicant(s) and include a signed statement 
from an authorized representative of each joint applicant entity that 
affirms the entity joins the application.
    For joint applications involving Amtrak and one or more States, 
Amtrak and the State(s) must provide a cooperative agreement for the 
project signed by authorized representatives of Amtrak and each State. 
Joint applications are expected to include a description of the roles 
and responsibilities of each applicant, including budget and 
subrecipient information showing how the applicants will share project 
costs.
    v. Project Eligibility Criteria: Demonstrate that the proposed 
project meets the project eligibility criteria in Section C(3) of this 
notice.
    vi. Detailed Project Description: The applicant must include a 
detailed project description that expands upon the brief project 
summary. This detailed description should provide, at a minimum: 
additional background on the transportation challenges the project aims 
to address; a summary of current and proposed railroad operations in 
the project area, to include identification of all railroad owners and 
operators; typical daily, weekly, or annual train counts by operator, 
and ridership data for passenger operations; the primary expected 
project outcomes such as increased ridership, reduced delays, improved 
rail network asset condition and performance, or similar outcomes and 
benefits; the expected users and beneficiaries of the project, 
including all railroad operators and types of passenger or freight rail 
service operating or proposed to operate in the project area; the 
specific components and elements of the project; and any other 
information the applicant deems necessary to justify the proposed 
project.
    vii. Project Location: The applicant must include geospatial data 
for the project, as well as a map of the project's location. Geospatial 
data can be expressed in terms of decimal degrees for latitude and 
longitude of at least five decimal places of precision or start and end 
mileposts designating railroad code and subdivision name. On the map, 
include the Congressional districts in which the project will take 
place.
    viii. Grade Crossing Information, if applicable: For a project that 
includes grade crossing components, cite specific DOT National Grade 
Crossing Inventory information, including the railroad that owns the 
infrastructure (or the crossing owner, if different from the railroad), 
the primary railroad operator, the DOT crossing inventory number, and 
the roadway at the crossing. Applicants can search for data to meet 
this requirement at the following link: https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search.
    ix. Evaluation and Selection Criteria: The applicant must include a 
thorough discussion of how the proposed project meets the evaluation 
and selection criteria as outlined in Section E of this notice. If an 
application does not sufficiently address the evaluation criteria and 
the selection criteria, it is unlikely to be a competitive application.
    Applicants are encouraged to include quantifiable railroad data, 
such as information on delay, failure or safety incidents, passengers 
carried (e.g., ridership), daily train movement, or similar metrics. In 
addition to the qualifiable data, applicants are also encouraged to 
include qualitative data on accessibility improvements to either new or 
existing assets such as stations, platforms or rolling stock. To the 
extent feasible, such railroad metrics should be provided and analyzed 
discretely for Intercity Passenger Rail and, if applicable, Commuter 
Rail Passenger Transportation and freight rail transportation services 
involved in the proposed project.
    x. Project Implementation and Management: The applicant must 
describe proposed project implementation and project management 
arrangements, including between the lead and joint applicants, if any. 
Include descriptions of the expected arrangements for project 
contracting, contract oversight and control, change-order management, 
and conformance to Federal requirements for project progress reporting 
(see https://www.fra.dot.gov/Page/P0274). Describe past experience in 
managing and overseeing similar projects; the technical qualifications 
and demonstrated experience of key personnel proposed to lead and 
perform the technical efforts, and the qualifications of the primary 
and supporting organizations to fully and successfully execute the 
proposed project within the proposed timeframe and budget, including a 
discussion of the factors in 2 CFR 200.206(b); and the proposed 
approach to assessing and mitigating project risk (these factors may be 
summarized in the Project Narrative and additional information may be 
provided as supporting documentation, as applicable).\9\ For Major 
Capital

[[Page 75127]]

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

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

    xi. Environmental Readiness: If the NEPA process is complete, an 
applicant should indicate the date of completion and provide a website 
link or other reference to the documents demonstrating compliance with 
NEPA, which might include a final Categorical Exclusion, Finding of No 
Significant Impact, or Record of Decision. If the NEPA process is not 
yet underway, the application should state this. If the NEPA process is 
underway, but not complete, the application should detail the type of 
NEPA review underway, where the project is in the process, and indicate 
the anticipated date of completion of all NEPA-related milestones. If 
the last agency action with respect to NEPA documents occurred more 
than three years before the application date, the applicant should 
describe why the project has been delayed and why NEPA documents have 
not been updated and include a proposed approach for verifying and, if 
necessary, updating this material in accordance with applicable NEPA 
requirements. Additional information regarding FRA's environmental 
processes and requirements are located at https://www.fra.dot.gov/environment.
    xii. DOT Strategic Goals: Applicants should describe efforts to 
consider safety, economic strength, environmental sustainability 
impacts, as well as efforts to improve equity and reduce barriers to 
opportunity in project planning. In addition, applicants should 
describe how planning activities and project delivery actions advance 
good-paying, quality jobs and workforce programs and hiring policies 
that promote workforce inclusion.
b. Additional Application Elements
    Applicants must submit:
    i. A Statement of Work (SOW) addressing the scope, schedule, 
budget, and performance measures for the proposed project if it were 
selected for award. The SOW must contain sufficient detail, so FRA and 
the applicant can understand the expected outcomes of the proposed work 
to be performed and can monitor progress toward completing project 
tasks and deliverables during a prospective grant's period of 
performance. Applicants must use FRA's standard SOW, schedule, budget, 
and performance measures templates to be considered for award. The four 
required templates are labeled ``Example General Grants--Attachments 2-
5'' and are located at https://www.fra.dot.gov/Page/P0325. Applications 
that do not include all four of the grant package templates will be 
considered incomplete and will not be reviewed.
    When preparing the budget, the total cost of a project must be 
based on the best available information as indicated in cited 
references that include engineering studies, economic feasibility 
studies, environmental analyses, and information on the expected use of 
equipment or facilities. Applicants must include annual budget 
estimates in year of expenditure dollars for the duration of the 
project.
    For all projects, applicants must provide information about 
proposed performance measures, as described in Section F(3)(c) and 
required in 2 CFR 200.301. Further, applicants must provide their plan 
for taking affirmative steps to employ small businesses consistent with 
2 CFR 200.321.
    ii. A Benefit-Cost Analysis (BCA) consistent with 49 U.S.C. 
24911(d)(2)(B)(i), as an appendix to the Project Narrative for each 
project submitted by an applicant. The BCA should demonstrate in 
economic terms the merit of investing in the proposed project. The BCA 
should include anticipated private and public benefits relative to the 
costs of the proposed project, including the project's anticipated:
    1. effects on system and service performance, including as measured 
by applicable metrics set forth in 49 CFR part 273 (or successor 
regulations);
    2. effects on safety, competitiveness, reliability, trip or transit 
time, greenhouse gas emissions, and resilience;
    3. effects of anticipated positive economic and employment impacts, 
including development in areas near passenger stations, historic 
districts, or other opportunity zones;
    4. efficiencies from improved connections with other modes; and
    5. ability to meet existing or anticipated demand.
    The BCA should be systematic, data driven, and examine the trade-
offs between reasonably expected project costs and benefits. The BCA 
for Project Development projects should be for the underlying project, 
not the just the systems planning or PE/NEPA work itself. For Final 
Design/Construction projects applicants are required to document 
project benefits and costs. Estimates of benefits should be presented 
in monetary terms whenever possible; if a monetary estimate is not 
possible, the applicant should provide a quantitative estimate (in 
physical, non-monetary terms, such as crash or employee casualty rates, 
ridership estimates, emissions levels, energy efficiency improvements, 
etc.). Applicants must follow the BCA Guidance for Discretionary Grant 
Programs when preparing a BCA. The guidance is available at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer to the AQs 
Webinar on FRA's website (https://railroads.dot.gov/rail-network-development/training-guidance/webinars-0) for some rail-specific 
examples of how to apply the BCA Guidance for Discretionary Grant 
Programs to FSP Program applications. All benefits claimed for the 
project must be clearly tied to the expected outcomes of the project. 
The complexity and level of detail in the BCA prepared for this FSP-
National NOFO should reflect the scope, scale, and the appropriate 
Capital Project Lifecycle stage of the proposed project.
    iii. Environmental compliance documentation, as applicable, if a 
website link is not cited in the Project Narrative.
    iv. SF 424--Application for Federal Assistance.
    v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
    vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances 
for Construction.
    vii. FRA F30--Certification Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
    viii. FRA F 251--Applicant Financial Capability Questionnaire, 
located at https://railroads.dot.gov/elibrary/fra-f-251.
    ix. SF LLL--Disclosure of Lobbying Activities.
    x. Draft Agreement required under 49 U.S.C. 22905(c)(1), if 
applicable. As a

[[Page 75128]]

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

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

    To apply for funding through Grants.gov, applicants must be 
properly registered in SAM before submitting an application, provide a 
valid unique entity identifier in its application, and continue to 
maintain an active SAM registration all as described in detail below. 
Complete instructions on how to register and submit an application can 
be found at www.Grants.gov. Registering with Grants.gov is a one-time 
process; however, it can take up to several weeks for first-time 
registrants to receive confirmation and a user password. FRA recommends 
that applicants start the registration process as early as possible to 
prevent delays that may preclude submitting an application package by 
the application deadline. Applications will not be accepted after the 
due date. Delayed registration is not an acceptable justification for 
an application extension.
    FRA may not make a grant award to an applicant until the applicant 
has complied with all applicable unique entity identifier and SAM 
requirements, and if an applicant has not fully complied with the 
requirements by the time the Federal awarding agency is ready to make a 
Federal award, the Federal awarding agency may determine that the 
applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant. Late applications, including those that are the result of a 
failure to register or comply with Grants.gov 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 
Grants.gov, applicants must follow the directions below in sub-section 
C.
A. Register With the SAM at www.SAM.gov
    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 Grants.gov. The SAM 
database is the repository for standard information about Federal 
financial assistance applicants, grantees, and subrecipients. 
Organizations that have previously submitted applications via 
Grants.gov are already registered with SAM, as it is a requirement for 
Grants.gov registration. Please note, however, that applicants must 
update or renew their SAM registration at least once per year to 
maintain an active status. Therefore, it is critical to check 
registration status well in advance of the application deadline. If an 
applicant is selected for an award, the applicant must maintain an 
active SAM registration with current information throughout the period 
of the award, including information on a grantee's immediate and 
highest-level owner and subsidiaries, as well as on all predecessors 
that have been awarded a Federal contract or grant within the last 
three years, if applicable. Information about SAM registration 
procedures is available at www.sam.gov.
B. Obtain a Unique Entity Identifier
    On April 4, 2022, the Federal government discontinued using DUNS 
numbers. The DUNS Number was replaced by a new, non-proprietary 
identifier that is provided by the System for Award Management 
(SAM.gov). This new identifier is called the Unique Entity Identifier 
(UEI), or the Entity ID. To find or request a Unique Entity Identifier, 
please visit www.sam.gov.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 5:00 p.m. ET, March 7, 2023. Applicants will receive a 
system-generated acknowledgement of receipt. FRA reviews www.Grants.gov 
information on dates/times of applications submitted to determine 
timeliness of submissions. Late applications will be neither reviewed 
nor considered. Delayed registration is not an acceptable reason for 
late submission. To apply for funding under this announcement, all 
applicants are expected to be registered as an organization with 
Grants.gov. 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 Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; and (4) technical issues experienced 
with the applicant's computer or information technology environment.

5. Intergovernmental Review

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

6. Funding Restrictions

    Consistent with 2 CFR 200.458, as applicable, FRA will only approve 
pre-award costs if such costs are incurred pursuant to the negotiation 
and in anticipation of the grant agreement and if such costs are 
necessary for efficient and timely performance of the scope of work. 
Under 2 CFR 200.458, grant recipients must seek written approval from 
FRA for pre-award activities to be eligible for reimbursement under the 
grant. Activities initiated prior to the execution of a grant or 
without FRA's written approval may be ineligible for reimbursement or 
matching contribution. Cost sharing or matching may be used only for 
authorized Federal award purposes.
    FRA is prohibited under 49 U.S.C. 22905(f) \10\ from providing FSP 
grants for Commuter Rail Passenger Transportation. FRA's interpretation 
of this provision is informed by the language in 49 U.S.C. 24911; 
specifically, the eligible capital projects in 49 U.S.C. 24911(c). 
FRA's primary intent in funding FSP projects is to make reasonable 
investments in Capital Projects for Intercity Rail Passenger 
Transportation. Such projects may be located on shared corridors where 
Commuter Rail Passenger Transportation and/or freight rail also benefit 
from the project.
---------------------------------------------------------------------------

    \10\ Under 49 U.S.C. 24911(i), Partnership grants are subject to 
the conditions in 49 U.S.C. 22905.
---------------------------------------------------------------------------

7. Other Submission Requirements

    For any supporting application materials that an applicant cannot 
submit via Grants.gov, such as oversized

[[Page 75129]]

engineering drawings, an applicant may submit an original and two (2) 
copies to Ms. Deborah Kobrin, Office of Rail Program Development, 
Federal Railroad Administration, 1200 New Jersey Ave. SE, Washington, 
DC 20590; or Mr. Sergio Coronado, Office of Rail Program Development, 
Federal Railroad Administration, 55 Broadway, Cambridge, MA 02142; 
phone: 617-571-1213. However, due to delays caused by enhanced 
screening of mail delivered via the U.S. Postal Service, FRA advises 
applicants to use other means of conveyance (such as courier service) 
to assure timely receipt of materials before the application deadline. 
Additionally, if documents can be obtained online, explaining to FRA 
how to access files on a referenced website may also be sufficient.
    Note: Please use generally accepted formats such as .pdf, .doc, 
.docx, .xls, .xlsx and .ppt, when uploading attachments. While 
applicants may embed picture files, such as .jpg, .gif, and .bmp in 
document files, applicants should not submit attachments in these 
formats. Additionally, the following formats will not be accepted: 
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, 
.sys, and .zip.

E. Application Review Information

1. Criteria: Eligibility, Completeness, and Application Risk Review

    FRA will first screen each application for applicant and project 
eligibility (eligibility requirements are outlined in Section C of this 
notice), completeness (application documentation and submission 
requirements are outlined in Section D of this notice), and the 20 
percent minimum non-Federal match.
    FRA will then consider applicant risk, including the applicant's 
past performance in developing and delivering similar projects and 
previous financial contributions.
A. Evaluation Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria outlined in this section to determine technical 
merit and project benefits
    i. Technical Merit: FRA will take into account:
    1. The degree to which the tasks and subtasks outlined in the SOW 
are appropriate to achieve the expected outcomes of the proposed 
project;
    2. The technical qualifications and demonstrated experience of key 
personnel proposed to lead and perform the technical efforts, and the 
qualifications of the primary and supporting organizations to fully and 
successfully execute the proposed project within the proposed timeframe 
and budget;
    3. The degree to which the proposed project's business plan 
considers potential private sector participation in the financing, 
construction, or operation of the proposed project;
    4. The applicant's past performance in developing and delivering 
similar projects, and previous financial contributions;
    5. The degree to which the applicant's proposed approach to 
assessing and mitigating risk is appropriate for the project;
    6. Whether the applicant has, or will have, the legal, financial, 
and technical capacity to carry out the project; satisfactory 
continuing access to equipment or facilities; and the capability and 
willingness to maintain the equipment or facilities;
    7. Whether the project has completed necessary Capital Project 
Lifecycle prerequisites and demonstrates strong project readiness; \11\ 
and
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    \11\ Regarding project readiness, FRA uses a two-year timeframe 
as a benchmark to assess whether a project is likely to complete the 
required NEPA steps for the appropriate Project Lifecycle stage 
described in the application.
---------------------------------------------------------------------------

    8. Whether the project is consistent with planning guidance and 
documents set forth by the Secretary of Transportation or otherwise 
required by law
    ii. Project Benefits: FRA will take into account the Benefit-Cost 
Analysis of the proposed project, including anticipated private and 
public benefits relative to the costs of the proposed project, 
including--
    1. Effects on system and service performance, including as measured 
by applicable metrics set forth in part 273 of title 49, Code of 
Federal Regulations (or successor regulations);
    2. Effects on safety, competitiveness, reliability, trip or transit 
time, greenhouse gas emissions, and resilience;
    3. Effects of anticipated positive economic and employment impacts, 
including development in areas near passenger stations, historic 
districts, or other opportunity zones;
    4. Efficiencies from improved connections with other modes;
    5. Ability to meet existing or anticipated demand; and
    6. Whether the project services historically unconnected or under-
connected communities.
B. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined in this section, FRA will apply the 
following statutory selection criteria:
    i. FRA will give preference to eligible projects:
    1. For which Amtrak is not the sole applicant;
    2. That improve the financial performance, reliability, service 
frequency, or address the state of good repair of an Amtrak route; and
    3. That are identified in, and consistent with, a corridor 
inventory prepared under the Corridor Identification and Development 
Program pursuant to section 25101 of the IIJA.\12\
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    \12\ The Corridor Identification and Development Program is a 
new program authorized under IIJA. FRA is in the process of 
developing this program and Project Pipeline, but it will not be 
finalized by the time selections are made under this solicitation 
and projects proposed for funding under this NOFO will not receive 
this preference.
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    ii. After applying the above preferences, FRA will take in account 
the following key DOT objectives:
    1. Safety: FRA will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with the Department's strategic goal to reduce transportation-related 
fatalities and serious injuries across the transportation system. Such 
considerations will include, but are not limited to, the extent to 
which the project improves safety at highway-rail grade crossings, 
reduces incidences of rail-related trespassing, and upgrades 
infrastructure to achieve a higher level of safety.
    2. Equitable Economic Growth and Job Creation: FRA will assess the 
project's ability to contribute to economic progress stemming from 
infrastructure investment and associated job creation in the industry. 
Such considerations will include, but are not limited to, the extent to 
which the project results in high-quality job creation by supporting 
good-paying jobs with a free and fair choice to join a union, in 
project construction, and in on-going operations and maintenance, and 
incorporates strong labor standards, such as through the use of project 
labor agreements or union neutrality agreements; includes comprehensive 
planning and policies to promote hiring of underrepresented populations 
\13\ including local and economic hiring preferences \14\ and 
investments in high-

[[Page 75130]]

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

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

    3. Equity and Barriers to Opportunity: FRA will assess the 
project's ability to address equity and barriers to opportunity, to the 
extent possible within the program and consistent with law. Such 
considerations will include, but are not limited to, the applicant's 
plan for using small businesses to complete its project, the extent to 
which the project improves or expands transportation options, and 
mitigates the safety risks and detrimental quality of life effects that 
rail lines can have on communities. This will also include community 
engagement efforts already taken or planned, the extent to which 
engagement efforts are designed to meaningfully reach impacted 
communities, whether engagement is accessible for persons with 
disabilities or limited English proficient persons within the impacted 
communities, and how community feedback is taken into account in 
decision-making.
    4. Climate Change and Sustainability: FRA will assess the project's 
ability to reduce the harmful effects of climate change and anticipate 
necessary improvements to prepare for extreme weather events. Such 
considerations will include, but are not limited to, the extent to 
which the project reduces overall lifecycle emissions, promotes energy 
efficiency, incorporates lower-carbon construction materials, increases 
resiliency, and recycles or redevelops existing infrastructure.
    5. Transformation of our nation's transportation infrastructure: 
FRA will assess the project's ability to expand and improve the 
nation's rail network, which needs to balance new infrastructure for 
increased capacity with proper maintenance of aging assets. Such 
considerations will include, but are not limited to, the extent to 
which the project adds capacity to congested corridors, builds new 
connections or attracts new users to passenger rail, and ensures assets 
will be improved to a state of good repair. In determining the 
allocation of program funds, FRA may also consider geographic 
diversity, diversity in the size of the systems receiving funding, and 
the applicant's receipt of other competitive awards.

2. Review and Selection Process

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

3. Reporting Matters Related to Integrity and Performance

    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold of $250,000 (see 2 
CFR 200.88 Simplified Acquisition Threshold), FRA will review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
See 41 U.S.C. 2313.
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a Federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information in the designated integrity and performance system, 
in making a judgment about the applicant's integrity, business ethics, 
and record of performance under Federal awards when completing the 
review of risk posed by applicants as described in 62 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notices

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

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, grantees of funds must 
comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; the 
conditions of performance, nondiscrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of DOT; and applicable Federal financial assistance and 
contracting principles promulgated by the Office of Management and 
Budget (OMB). In complying with these requirements, grantees, in 
particular, must ensure that no concession agreements are denied or 
other contracting decisions made on the basis of speech or other 
activities protected by the First Amendment. If DOT determines that a 
grantee has failed to comply with applicable Federal requirements, DOT 
may terminate the award of funds and disallow previously incurred 
costs, requiring the grantee to reimburse any expended award funds.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards at 2 CFR part 200 
Subpart D--Procurement Standards; 2 CFR 1207.317 and 2 CFR 200.401; 
compliance with Federal civil

[[Page 75131]]

rights laws and regulations; disadvantaged business enterprises 
requirements; debarment and suspension requirements; drug-free 
workplace requirements; FRA's and OMB's Assurances and Certifications; 
ADA; safety requirements; NEPA; and environmental justice requirements. 
Unless otherwise stated in statutory or legislative authority, or 
appropriations language, all financial assistance awards follow the 
Uniform Administrative Requirements, Cost Principles and Audit 
Requirements for Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
    Assistance under this NOFO is subject to the grant conditions in 49 
U.S.C. 22905, including protective arrangements that are equivalent to 
the protective arrangements established under section 504 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
836) with respect to employees affected by actions taken in connection 
with the project to be financed in whole or in part by grants subject 
to 49 U.S.C. 22905, the provision deeming operators rail carriers and 
employers for certain purposes, and grantee agreements with railroad 
right-of-way owners for projects using railroad rights-of-way (see 
D.2.b.xi).\15\
---------------------------------------------------------------------------

    \15\ FRA has posted draft guidance to grantees on implementing 
protective arrangements at https://www.govinfo.gov/content/pkg/FR-2022-03-04/pdf/2022-04530.pdf to assist grantees implementing the 
protective arrangements; and answers to frequently asked questions 
intended to assist grantees subject to the requirements of 49 U.S.C. 
22905(c)(1) at https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
---------------------------------------------------------------------------

    Projects that have not sufficiently considered climate change and 
sustainability in their planning, as determined by FRA, will be 
required to do so before receiving funds for construction, consistent 
with Executive Order 14008, Tackling the Climate Crisis at Home and 
Abroad (86 FR 7619). In the grant agreement, recipients will be 
expected to describe activities they have taken, or will take prior to 
obligation of construction funds that addresses climate change and 
environmental justice (EJ). Activities that address climate change 
include, but are not limited to, demonstrating the project will result 
in significant greenhouse gas emissions reductions; the project 
supports emissions reductions goals in a Local/Regional/State plan; the 
project improves disaster preparedness and resilience; and the project 
primarily focuses on funding for state of good repair and clean 
transportation options, including public transportation, walking, 
biking, and micro-mobility. Activities that address EJ include but are 
not limited to: basing project design on the results of a proven EJ 
screening tool (developed by another Federal agency such as the EPA, a 
State agency, etc.); conducting enhanced, targeted outreach to EJ 
communities; considering EJ in alternatives analysis and final project 
design; and supporting a modal shift in freight or passenger movement 
to reduce emissions or reduce induced travel demand.
    Projects must consider and address equity and barriers to 
opportunity in their planning, as determined by FRA, and as a condition 
of receiving construction funds, consistent with Executive Order 13985, 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (86 FR 7009). The grant agreement will include 
the grantee's description of activities it has taken, or will take 
prior to obligation of construction funds that addresses equity and 
barriers to opportunity. These activities may include, but are not 
limited to: completing an equity impact analysis for the project; 
adopting an equity and inclusion program/plan; conducting meaningful, 
accessible public engagement to ensure underserved communities are 
provided an opportunity to be involved in the planning process; 
including investments that either redress past barriers to opportunity 
or that proactively create new connections and opportunities for 
underserved communities; hiring from local communities; improving 
access to or providing economic growth opportunities for underserved, 
overburdened, or rural communities; or addressing historic or current 
inequitable air pollution or other environmental burdens and impacts.
    To the extent that applicants have not sufficiently considered job 
quality and labor rights in their planning, as determined by the 
Department of Labor, the applicants will be required to do so before 
receiving funds for construction, consistent with Executive Order 
14025, Worker Organizing and Empowerment (86 FR 22829), and Executive 
Order 14052, Implementation of the Infrastructure Investment and Jobs 
Act (86 FR 64335). Specifically, the project planning activities and 
project delivery actions must support: (a) strong labor standards and 
the free and fair choice to join a union,\16\ including project labor 
agreements, local hire agreements,\17\ distribution of workplace rights 
notices, and use of an appropriately trained workforce; (b) support of 
high-quality workforce development programs, including registered 
apprenticeship, labor-management training programs, and supportive 
services to help train, place, and retain people in good-paying jobs 
and registered apprenticeships; and (c) comprehensive planning and 
policies to promote hiring and inclusion for all groups of workers, 
including through the use of local and economic hiring preferences, 
linkage agreements with workforce programs that serve underrepresented 
groups, and proactive plans to prevent harassment.
---------------------------------------------------------------------------

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

    The Office of Federal Contract Compliance Programs (OFCCP) is 
charged with protecting America's workers by enforcing equal employment 
opportunity and affirmative action obligations of employers that do 
business with the federal government. OFCCP enforces Executive Order 
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. Together these legal 
authorities make it unlawful for federal contractors and subcontractors 
to discriminate in employment because of race, color, religion, sex, 
sexual orientation, gender identity, national origin, disability, or 
status as a protected veteran.
    Consistent with E.O. 11246, Equal Employment Opportunity (30 FR 
12319, and as amended), all Federally-assisted contractors are required 
to make good faith efforts to meet the goals of 6.9% of construction 
project hours being performed by women, in addition to goals that vary 
based on geography for construction work hours and for work being 
performed by people of color. Under Section 503 of the Rehabilitation 
Act and its implementing regulations, affirmative action obligations 
for certain contractors include an aspirational employment goal of 7% 
workers with disabilities.
    Applications should demonstrate that the recipient has a plan for 
compliance with civil rights obligations and nondiscrimination laws, 
including Title VI of the Civil Rights Act of 1964 and implementing 
regulations (49 CFR 21), the Americans with Disabilities Act of 1990 
(ADA), and Section 504 of the Rehabilitation Act, and accompanying 
regulations. This may include, as applicable, providing a Title VI 
plan, community participation plan, and other information about the 
communities that will be benefited and impacted by the project. The 
Department's and FRA's Office of Civil Rights may provide resources and 
technical assistance to recipients to

[[Page 75132]]

ensure full and sustainable compliance with Federal civil rights 
requirements. The Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) has a Mega Construction Project Program 
through which it engages with project sponsors as early as the design 
phase to help promote compliance with non-discrimination and 
affirmative action obligations. Through the program, OFCCP offers 
contractors and subcontractors extensive compliance assistance, 
conducts compliance evaluations, and helps to build partnerships 
between the project sponsor, prime contractor, subcontractors, and 
relevant stakeholders. OFCCP will identify projects that receive an 
award under this notice and are required to participate in OFCCP's Mega 
Construction Project Program from a wide range of Federally-assisted 
projects over which OFCCP has jurisdiction and that have a project cost 
above $35 million. DOT will require project sponsors with costs above 
$35 million that receive awards under this funding opportunity to 
partner with OFCCP, if selected by OFCCP, as a condition of their DOT 
award. Under that partnership, OFCCP will ask these project sponsors to 
make clear to prime contractors in the pre-bid phase that project 
sponsor's award terms will require their participation in the Mega 
Construction Project Program. Additional information on how OFCCP makes 
their selections for participation in the Mega Construction Project 
Program is outlined under ``Scheduling'' on the Department of Labor 
website: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats. Each applicant selected for Federal funding under this 
notice must demonstrate, prior to signing of the grant agreement, 
efforts to consider and address physical and cyber security risks 
relevant to the transportation mode and type and scale of the project. 
Projects that have not appropriately considered and addressed physical 
and cyber security and resilience in their planning, design, and 
project oversight, as determined by the Department and the Department 
of Homeland Security, will be required to do so before receiving funds 
for construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National 
Security Presidential Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems. Additional information on 
cybersecurity performance goals can be found at https://www.cisa.gov/cpg.\18\
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    \18\ These performance goals provide a baseline set of 
cybersecurity practices broadly applicable across critical 
infrastructure with known risk-reduction value, a benchmark for 
critical infrastructure operators to measure and improve their 
cybersecurity maturity, and a combination of recommended practices 
for IT and OT owners, including a prioritized set of security 
practices.
---------------------------------------------------------------------------

    Assistance under this NOFO is subject to the Buy America 
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America 
Act, Public Law 117-58, 70901-52. In addition, as expressed in 
Executive Order 14005, Ensuring the Future Is Made in All of America by 
All of America's Workers (86 FR 7475), it is the policy of the 
executive branch to maximize, consistent with law, the use of goods, 
products, and materials produced in, and services offered in, the 
United States. FRA expects all applicants to comply with that 
requirement without needing a waiver. However, to obtain a waiver, an 
applicant must be prepared to demonstrate how they will maximize the 
use of domestic goods, products, and materials in constructing their 
project. If an applicant anticipates it may need a waiver, the 
applicant should indicate the need in its application and submit 
materials necessary for such requests together with its application.
    Grantees must comply with applicable appropriations act 
requirements. Rights to intangible property under grants awarded under 
this NOFO are governed in accordance with 2 CFR 200.315. See an example 
of standard terms and conditions for FRA grant awards at https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is subject to revision.

3. Reporting

    a. Progress Reporting on Grant Activity: Each applicant selected 
for a grant will be required to comply with all standard FRA reporting 
requirements, including quarterly progress reports, quarterly Federal 
financial reports, and interim and final performance reports, as well 
as all applicable auditing, monitoring and close out requirements. 
Reports may be submitted electronically. Pursuant to 2 CFR 170.210, 
non-Federal entities applying under this NOFO must have the necessary 
processes and systems in place to comply with the reporting 
requirements should they receive Federal funding.
    b. Additional Reporting: Applicants selected for funding are 
required to comply with all reporting requirements in the standard 
terms and conditions for FRA grant awards including 2 CFR 180.335 and 2 
CFR 180.350. If the total value of a selected applicant's currently 
active grants, cooperative agreements, and procurement contracts from 
all Federal awarding agencies exceeds $10,000,000 for any period of 
time during the period of performance of this Federal award, then the 
applicant must, consistent with 2 CFR part 200 Appendix XII, maintain 
the information reported to SAM and ensure that is made available in 
the designated integrity and performance system (currently the Federal 
Awardee Performance and Integrity Information System (FAPIIS)) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.
    c. Performance and Program Evaluation: Recipients and subrecipients 
are also encouraged to incorporate program evaluation, including 
associated data collection activities from the outset of their program 
design and implementation, to meaningfully document and measure their 
progress towards meeting an agency priority goal(s). Title I of the 
Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), 
Public Law 115-435 (2019) urges Federal awarding agencies and Federal 
assistance recipients and subrecipients to use program evaluation as a 
critical tool to learn, to improve equitable delivery, and to elevate 
program service and delivery across the program lifecycle. Evaluation 
means ``an assessment using systematic data collection and analysis of 
one or more programs, policies, and organizations intended to assess 
their effectiveness and efficiency.'' 5 U.S.C. 311. Credible program 
evaluation activities are implemented with relevance and utility, 
rigor, independence and objectivity, transparency, and ethics (OMB 
Circular A-11, Part 6 Section 290). For grant recipients receiving an 
award, evaluation costs are allowable costs (either as direct or 
indirect), unless prohibited by statute or regulation, and such costs 
may include the personnel and equipment needed for data infrastructure 
and expertise in data

[[Page 75133]]

analysis, performance, and evaluation. (2 CFR part 200).
    d. Performance Reporting: Each applicant selected for funding must 
collect information and report on the project's performance using 
measures mutually agreed upon by FRA and the grantee to assess progress 
in achieving strategic goals and objectives. Examples of some rail 
performance measures are listed in the table below. The applicable 
measure(s) will depend upon the type of project. Applicants requesting 
funding for rolling stock must integrate at least one equipment/rolling 
stock performance measure, consistent with the grantee's application 
materials and program goals.

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

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

G. Federal Awarding Agency Contacts

    For further information concerning this Notice, please contact the 
FRA NOFO Support program staff via email at [email protected]. 
If additional assistance is needed, you may contact Mr. Douglas Gascon; 
email: [email protected]; telephone: 202-493-2039; Mr. Sergio 
Coronado; email: [email protected]; telephone: 617-571-1213; or 
Ms. Deborah Kobrin; email: [email protected]; telephone: 202-493-
0765 in FRA's Office of Rail Program Development.

H. Other Information

    On May 13, 2022, FRA published a Notice in the Federal Register 
that established and requested expressions of interest in the Corridor 
Identification and Development Program. Eligible applicants to the 
Corridor Identification and Development Program, as outlined within 49 
U.S.C. 25101, are encouraged to submit an expression of interest. While 
the expression of interest is non-binding and does not obligate an 
applicant to pursue the proposed corridor, FRA has begun to use these 
expressions of interest to engage with stakeholders as the Corridor 
Identification and Development Program is implemented. Furthermore, 
once corridors are selected under the Corridor Identification and 
Development Program, they will receive a statutory selection preference 
as part of subsequent FSP-National funding opportunities.
    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions.
    The DOT regulations implementing the Freedom of Information Act 
(FOIA) are found at 49 CFR part 7 Subpart C--Availability of Reasonably 
Described Records under the Freedom of Information Act which sets forth 
rules for FRA to make requested materials, information, and records 
publicly available under FOIA. Unless prohibited by law and to the 
extent permitted under the FOIA, contents of application and proposals 
submitted by successful applicants may be released in response to FOIA 
requests. In addition, following the completion of the selection 
process and announcement of awards, FRA may publish a list of all 
applications received along with the names of the applicant 
organizations and funding amounts requested. Except for

[[Page 75134]]

information withheld under the previous paragraph, FRA may also make 
application narratives publicly available or share application 
information within DOT or with other Federal agencies if FRA determines 
that sharing is relevant to the respective program's objectives.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-26610 Filed 12-6-22; 8:45 am]
BILLING CODE 4910-06-P


