[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77920-77933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27559]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Solicitation of Corridor Proposals and Funding 
Opportunity for the Corridor Identification and Development Program

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

ACTION: Notice of solicitation and funding opportunity (notice).

-----------------------------------------------------------------------

SUMMARY: This notice details the application requirements and 
procedures for the selection of eligible corridors to participate in 
the Corridor Identification and Development Program and obtain grant 
funding appropriated in fiscal year 2022. This notice solicits 
applications for the Corridor Identification and Development Program 
funds made available by the Infrastructure Investment and Jobs Act and 
subsequent appropriations. The opportunity described in this notice is 
made available under Assistance Listings Number 20.326, ``Federal-State 
Partnership for Intercity Passenger Rail.''

DATES: Applications for selection and funding under the Corridor 
Identification and Development program (Corridor ID Program or Program) 
under this notice are due no later than 5 p.m. ET, March 20, 2023. 
Applications that are incomplete or received after 5 p.m. ET on March 
20, 2023 will not be considered. See section (D) of this notice for 
additional information on the application process.

ADDRESSES: Applications must be submitted via 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 selection and award under the Corridor ID Program.

FOR FURTHER INFORMATION CONTACT:  For further information related to 
this notice, please contact Peter Schwartz, Acting Director, Office of 
Railroad Planning and Engineering, by email: [email protected] or by 
telephone: 202-493-6360.

SUPPLEMENTARY INFORMATION: 
    Notice to applicants: FRA recommends that applicants read this 
notice in its entirety prior to preparing application materials. 
Definitions of key terms used throughout the notice are provided in 
section (A)(2) below. These key terms are capitalized throughout the 
notice. There are several administrative prerequisites and specific 
eligibility requirements described herein with which applicants must 
comply. Additionally, applicants should note that the required Corridor 
Narrative component of the application package may not exceed 15 pages 
in length.

Table of Contents

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

A. Program Description

1. Executive Summary
    On November 15, 2021, President Biden signed into law the 
Infrastructure Investment and Jobs Act, also known as the Bipartisan 
Infrastructure Law (BIL). Public Law 117-58. The BIL authorized the 
Secretary of Transportation to establish the Corridor ID Program to

[[Page 77921]]

facilitate the development of intercity passenger rail corridors. 49 
U.S.C. 25101(a). The BIL also provided an historic, unprecedented level 
of funding for the improvement and expansion of intercity passenger 
rail service. Infrastructure Investment and Jobs Act, Public Law 117-
58, div. J, title VIII (Nov. 15, 2021). The Federal Railroad 
Administrator is delegated the authority to establish and administer 
the Corridor ID Program. 49 CFR 1.89(a).
    FRA conducted extensive outreach in connection with the new 
Corridor ID Program. FRA published a Request for Information in the 
Federal Register on February 7, 2022, seeking comments on the Program 
and how it can best serve stakeholders and the public. FRA-2022-0006-
0001. FRA also conducted three listening sessions on the Corridor ID 
Program, on February 16 and 17, 2022, with eligible entities, host 
railroads, and other stakeholders, respectively. In compliance with BIL 
requirements, 49 U.S.C. 25101(a), FRA published a Federal Register 
notice on May 13, 2022, that formally established the Program, provided 
a general description of Program components, and highlighted FRA's 
intent to publish a notice in the last calendar quarter of 2022 
soliciting proposals for Corridors to participate in the Program. 87 FR 
29432. In that notice, FRA encouraged further stakeholder engagement by 
requesting that interested eligible entities submit expressions of 
interest to the FRA, in advance of FRA's formal solicitation, to 
facilitate further discussions.
    In this notice, FRA is now soliciting proposals for Corridors for 
selection and funding in the initial round of the Corridor ID Program.
2. Definitions of Key Terms
    Terms defined in this section are capitalized throughout this 
notice.
    1. ``Implementation'' means the final design and construction 
lifecycle stages of a project, as described in FRA's Guidance on 
Development and Implementation of Railroad Capital Projects.\1\
---------------------------------------------------------------------------

    \1\ FRA published the proposed Guidance on Development and 
Implementation of Railroad Capital Projects in the Federal Register 
on June 28, 2022. 87 FR 38451; FRA Docket No. FRA-2022-0035. FRA 
anticipates that the final Guidance will be published in the Federal 
Register soon. The final Guidance will also be made available in FRA 
Docket No. FRA-2022-0035. For further information related to this 
notice's reference to the Guidance, please contact Peter Schwartz, 
Acting Director, Office of Railroad Planning and Engineering, by 
email: [email protected] or by telephone: 202-493-6360.
---------------------------------------------------------------------------

    2. ``Intercity Passenger Rail Corridor'' and ``Corridor'' mean:
    a. A new intercity passenger rail route of less than 750 miles;
    b. The enhancement of an existing intercity passenger rail route of 
less than 750 miles;
    c. The restoration of service over all or portions of an intercity 
passenger rail route formerly operated by Amtrak; or
    d. The increase of service frequency of a long-distance intercity 
passenger rail route.
    3. ``Project Development'' means the lifecycle stage of a project 
when design, environmental, and other studies are conducted, as 
described in FRA's Guidance on Development and Implementation of 
Railroad Capital Projects.
    4. ``Project Planning'' means the lifecycle stage of a project when 
project concepts are developed to establish the type and scope of 
capital improvements, as described in FRA's Guidance on Development and 
Implementation of Railroad Capital Projects.
    5. ``Step 1'' means the initiation of a grantee's Corridor 
development efforts under the Program and the development of a scope, 
schedule, and cost estimate for preparing a service development plan 
(SDP) for a Corridor.
    6. ``Step 2'' means the preparation of an SDP (or an update to an 
existing SDP) to complete Project Planning work consistent with FRA's 
Guidance on Development and Implementation of Railroad Capital 
Projects.
    7. ``Step 3'' means the preparation of documentation to complete 
Project Development work required to ready the Corridor (or phase of 
the Corridor) for Implementation, including project designs that are 
reasonably expected to conform to all regulatory, safety, security, and 
other design requirements, including those under the American with 
Disabilities Act. Such work includes the completion of preliminary 
engineering (PE) and National Environmental Policy Act (NEPA) 
activities, and other documentation for the Corridor's capital 
project(s) to advance to Implementation, consistent with FRA's Guidance 
on Development and Implementation of Railroad Capital Projects.
3. Overview
    The Corridor ID Program is a comprehensive intercity passenger rail 
planning and development program that will help guide intercity 
passenger rail development throughout the country and create a pipeline 
of intercity passenger rail projects ready for Implementation. Unlike 
previous Federal intercity passenger rail planning efforts, the 
Corridor ID Program is intended both to support a sustained long-term 
development effort, and to set forth a capital project pipeline ready 
for Federal (and other) funding. The Corridor ID Program is intended to 
become the primary means for directing Federal financial support and 
technical assistance toward the development of proposals for new or 
improved intercity passenger rail services throughout the United 
States.
    FRA's selection of a Corridor to participate in the Program 
reflects the agency's interest in advancing the Corridor to 
Implementation and operation, as well as an FRA decision to fund 
planning and development activities for the Corridor (as further 
detailed in this notice). FRA will consider Corridor applications for 
entirely undeveloped concepts for new or improved Corridors, and for 
concepts that have been the subject of past or ongoing planning and 
development efforts.\2\ For the latter, selection into the Corridor ID 
Program will provide the opportunity to complete or update the prior 
Corridor planning and development efforts.
---------------------------------------------------------------------------

    \2\ Section 22214 of the BIL also requires FRA to conduct the 
Amtrak Daily Long-Distance Service Study (Long-Distance Study) to 
evaluate the restoration of Amtrak daily long-distance services to 
include Amtrak routes that have been discontinued, current Amtrak 
routes that occur on a nondaily basis, and potentially new Amtrak 
long-distance routes. The Long-Distance Study is required to develop 
a prioritized inventory of capital projects for preferred options 
for restoring or enhancing services. Some of the Corridors that the 
Long-Distance Study may assess include ones that are eligible under 
the Corridor ID Program.
---------------------------------------------------------------------------

    Applicants may submit applications for more than one Corridor, 
under separate submissions. In every submission, FRA encourages 
applicants to reflect the full scope of the proposed Corridor. As 
described in section (D)(2)(a)(v), applications must address the 
applicant's interest in the potential scaling of a Corridor proposal 
and/or phasing of its Implementation as well as the prioritization of 
Corridors (where an applicant submits applications for multiple 
Corridors). As described in section (E)(2), prior to Corridor 
selection, FRA may (at its sole discretion) engage in a discussion with 
an applicant on potential Corridor scaling, geographic overlaps between 
Corridors, and the prioritization of Corridor proposals (for applicants 
with multiple proposed Corridors). These discussions may result in FRA 
changes to the scope, phasing, or prioritization of a Corridor as 
proposed in the application. FRA will not select a modified Corridor 
proposal to participate in the Program without an applicant's 
concurrence.

[[Page 77922]]

    Corridor proposals may vary in scope and may include introducing 
entirely new intercity passenger rail services (using existing or new 
rail lines); significantly improving existing services (e.g., 
geographic extensions, added frequencies, or reduced travel times); or 
incremental improvements to existing services. FRA strongly encourages 
sponsors and/or operators of existing intercity passenger rail services 
that anticipate pursuing Federal funding for capital projects aimed at 
improving that service to submit applications to the Corridor ID 
Program to benefit from the advantages of the Program described in this 
notice.
    In addition, FRA strongly encourages all applicants that have 
previously undertaken or are in the process of undertaking development 
activities for a Corridor, with the intent of seeking Federal funding 
for Implementation, to submit applications for those Corridors under 
this notice. FRA will review any previous Corridor development work to 
assess whether it is adequate and appropriate, including whether it 
reflects current conditions, with the aim of incorporating existing 
work under this Program to the greatest extent practicable.
    In keeping with the long-range orientation of the Corridor ID 
Program, and subject to the availability of funding, FRA anticipates 
issuing subsequent notices soliciting Corridor proposals at regular 
intervals to allow opportunities for additional Corridors to 
participate in the Program. This approach allows for a consistent 
introduction of new Corridors into the Corridor ID Program for 
development.
4. Corridor Development Steps
    For Corridors selected to participate in the Corridor ID Program 
under this notice, Corridor development will occur in three, sequenced 
steps: Step 1, Step 2, and Step 3.
a. Step 1--Corridor Development Initiation and Scope, Schedule, and 
Cost Estimate for Preparing a Service Development Plan
    Step 1 initiates the grantee's Corridor development efforts under 
the Program by preparing a scope, schedule, and cost estimate for 
developing an SDP, or updating an existing SDP, for the selected 
Corridor.\3\ Step 1 also includes the grant recipient's development of 
its capability and capacity (including securing initial staff, 
contractor support, and non-Federal financial resources) necessary to 
support successfully preparing the SDP and conducting Step 3 
activities, as appropriate. With the support of these initial 
resources, the grantee will work in collaboration with FRA to develop a 
scope, schedule, and cost estimate for preparing an SDP. FRA expects 
that selected Corridors will vary in geographic scope, scale, 
characteristics of new intercity passenger rail service or service 
improvement, and previous development work. Therefore, as part of Step 
1, FRA and the grantee will collaborate to determine the level of 
effort required to successfully prepare or update an SDP, which will be 
reflected in the scope, schedule, and cost estimate.
---------------------------------------------------------------------------

    \3\ FRA's notice establishing the Corridor ID Program did not 
address Corridor development initiation and the preparation of the 
scope, schedule, and cost estimate for an SDP. 87 FR 29432. 
Typically, an applicant for Federal financial assistance would 
develop such information independently. FRA has included these 
activities in the Corridor ID Program and is making them eligible 
for funding because they are relevant to the successful development 
of intercity passenger rail corridors. See 49 U.S.C. 25101(a)(7).
---------------------------------------------------------------------------

    The scope, schedule, and cost estimate will also identify the work 
product and deliverables the grantee will prepare and the sequence for 
preparing those documents; the appropriate level and timing of public 
and agency involvement in developing the SDP; and the process the 
grantee will engage in when developing an SDP to ensure logical 
decision-making and appropriate engagement. When developing the scope 
for the SDP, FRA and the grantee will seek opportunities for the SDP to 
maximize efficiencies in subsequent NEPA processes undertaken for the 
Corridor. FRA will determine when the grantee has successfully 
completed Step 1.
b. Step 2--Service Development Plan
    After the grantee has successfully completed Step 1 and secured the 
required cost share funding (see section (C)(3) below), the Corridor 
will advance to Step 2--preparing an SDP (or updating an existing SDP). 
Preparing an SDP for a selected Corridor, through a partnership between 
FRA and the grantee as required by 49 U.S.C. 25101(d), is a central 
undertaking under the Corridor ID Program. In addition, the grantee and 
FRA will partner with relevant States and Amtrak, as appropriate, in 
connection with the preparation of the SDP. 49 U.S.C. 25101(d).
    Through engaging in Project Planning, the SDP will determine and 
document how the Corridor will be implemented. As such, preparing the 
SDP will identify the draft purpose and need for intercity passenger 
rail development and will incorporate an analysis of alternatives--that 
may vary, as applicable, in terms of geographic route, service 
characteristics, and required capital projects--for implementing the 
Corridor. The analysis of alternatives will be supported by technical 
transportation planning and conceptual engineering; high-level analysis 
and consideration of environmental factors associated with the 
alternatives; and input provided through public involvement (please see 
DOT's Promising Practices for Meaningful Public Involvement in 
Transportation Decision-Making at https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making), coordination with relevant public 
agencies, and, as appropriate, consultation with Federally recognized 
Indian tribes. The SDP will also identify the governance structure for 
the Implementation and operation of the Corridor.
    Because an SDP must include a ``Corridor project inventory that 
identifies the capital projects necessary to achieve the proposed 
service,'' 49 U.S.C. 25101(d)(2)), the analysis of alternatives in the 
SDP will identify a single geographic route and set of service 
characteristics for the Corridor with which the list of required 
capital projects is associated. The SDP alternatives analysis is the 
foundation for scoping in the Step 3 NEPA process and will expedite 
Project Development and Implementation of selected Corridors.
    Consistent with 49 U.S.C. 25101(d), the SDP will be prepared 
through a partnership between FRA and the grantee, although the primary 
responsibility for preparing the SDP will lie with the grantee. FRA's 
role in preparing the SDP will include review and approval of component 
work products and deliverables developed in support of the SDP, along 
with participation in and concurrence with all determinations regarding 
alternatives for implementing the Corridor. FRA's role in preparing the 
SDP will be described in detail in the statement of work governing the 
award of Federal funding to the grantee for Step 2 (see section (C)(3) 
below).
    SDPs may be prepared as long-range Corridor planning documents, 
with the option to implement in multiple phases. For example, SDPs may 
reflect two or more discrete Implementation phases, with each phase 
associated with a specific geographic scope, set of service 
characteristics, and/or improvements that, if implemented, would 
independently benefit intercity

[[Page 77923]]

passenger rail service that would be operating on an ongoing basis. The 
Corridor's project inventory, required by 49 U.S.C. 25101(d)(2), will 
be organized by the capital projects required to implement each 
discrete phase. With this approach, FRA intends to avoid situations in 
which a Corridor may be developed only as an ``all-or-nothing'' 
proposition, and to minimize the possibility that near-term 
Implementation of a Corridor would conflict with the longer-term 
Implementation of the Corridor.
    At a minimum, an SDP will include the following information: (1) a 
detailed description of the proposed intercity passenger rail service, 
including train frequencies, peak and average operating speeds, and 
trip times; (2) a Corridor project inventory that identifies the 
capital projects necessary to achieve the proposed service and the 
order in which Federal funding will be sought; (3) a schedule and 
associated phasing of projects and related service initiation or 
changes; (4) project sponsors and other entities expected to 
participate in carrying out the plan; (5) a description of how the 
Corridor would comply with Federal rail safety and security laws; (6) 
the locations of existing and proposed stations; (7) the needs for 
rolling stock and other equipment; (8) a financial plan; (9) a 
description of how the Corridor would contribute to the development of 
a multi-State regional network of intercity passenger rail; (10) an 
intermodal plan describing how the new or improved Corridor facilitates 
travel connections with other passenger transportation services; (11) a 
description of the anticipated environmental benefits of the Corridor; 
and (12) a description of the corridor's impacts on highway and 
aviation congestion, energy consumption, land use, and economic 
development in the service area. 49 U.S.C. 25101(d)(1)-(12).
---------------------------------------------------------------------------

    \4\ Regular engagement between a grantee and host railroad(s), 
where applicable, during Project Planning are important to the 
success of a Corridor.
---------------------------------------------------------------------------

    In partnering on the preparation of an SDP, FRA will consult with 
Amtrak; State and regional transportation authorities and local 
officials; representatives of employee labor organizations representing 
railroad and other appropriate employees; host railroads; \4\ and other 
stakeholders as determined by FRA. 49 U.S.C. 25101(e). To the extent 
applicable, FRA expects the preparation of an SDP to consider shared 
benefits to both freight and commuter rail operations and that the 
grantee and FRA will jointly engage with host railroads and relevant 
commuter rail operators early in the process to maximize shared 
benefits realized by the Corridor. In addition, every five years after 
the initial development of an SDP, if at least 40% of the work to 
implement the SDP has not been completed, as determined by FRA, then 
the grantee, in consultation with FRA, will decide whether the plan 
should be updated. 49 U.S.C. 25101(f). If an SDP update is needed, FRA 
will determine the Corridor's status in the Corridor ID Program. FRA 
will determine when the grantee has successfully completed the SDP.
c. Step 3--Project Development
    Following the successful completion of Step 2, the Corridor, or one 
or more discrete phases of the Corridor, may advance to Step 3 under 
the Corridor ID Program. Step 3 is the Project Development work 
required to make projects identified in the SDP's Corridor project 
inventory ready for Implementation (i.e., final design and 
construction). Project Development includes the completion of PE, NEPA, 
and other documentation for the Corridor's capital project(s) to 
advance to Implementation, consistent with FRA's Guidance on 
Development and Implementation of Railroad Capital Projects. Projects 
from a Corridor project inventory may advance to Step 3 as part of a 
specific Implementation phase of the Corridor as identified in the SDP.
    FRA will advance into Project Development only those phases that: 
are likely to continue to Implementation following Project Development; 
and, if implemented, would independently benefit intercity passenger 
rail service that would operate on an ongoing basis. In considering 
whether a Corridor Implementation phase is ready to advance to Step 3, 
FRA will consider: (1) the capability, authority, and experience of the 
grantee; (2) the content of the SDP; (3) whether the grantee has 
secured the required non-Federal funding for work undertaken as part of 
Step 3 (see section (C)(3)); and (4) whether the Implementation phase 
is ready to enter Project Development, consistent with FRA's Guidance 
on Development and Implementation of Railroad Capital Projects. FRA 
will review development work undertaken prior to the selection of the 
Corridor to participate in the Program to determine its adequacy and 
appropriateness, with the aim of incorporating it into the completion 
of Step 3 to the greatest extent practicable. In addition, FRA may 
recommend that a grantee pursue funding for Step 3 activities under a 
program other than the Corridor ID Program.
    FRA will determine when the grantee has successfully completed Step 
3.
5. Funding
    Under this notice, FRA will select Corridors for participation in 
the Corridor ID Program. For each selected Corridor, FRA will initially 
award the grantee $500,000 for eligible Step 1 activities. The initial 
award will not be subject to any cost sharing. Should the completion of 
eligible Step 1 activities not require the use of the full $500,000 of 
the initial award, any remaining funds will be carried forward to the 
Step 2 award for Step 2 activities.
    Upon FRA's determination that the grantee has successfully 
completed Step 1, FRA will award the grantee funds for eligible Step 2 
activities (subject to the availability of funding). FRA will determine 
the funding amount for Step 2 based on the cost estimate developed in 
Step 1. As described in section (C), there is a minimum 10 percent cost 
sharing requirement for Step 2 activities.
    Following FRA's determination that the grantee has successfully 
completed Step 2 and is ready to advance to Step 3 as described in 
section (A)(4)(b), and subject to the availability of funding, FRA may 
award the grantee funds for eligible Step 3 activities. The amount and 
sequence of Step 3 funding will be based on the SDP, including cost 
estimates for completing Project Development for a phase of the 
Corridor. Step 3 funding may be provided through multiple awards, with 
each award funding Step 3 activities for a specific Implementation 
phase. As described in section (C), there is a minimum 20 percent cost 
sharing requirement for Step 3 activities. If there is not sufficient 
Federal funding available under the Corridor ID Program to award the 
maximum 80 percent share of Step 3 costs, FRA may allow a phase to 
advance to Step 3 if the grantee has other funding available to 
complete the Step 3 activities for the phase.
    Once a Corridor is selected to participate in the Corridor ID 
Program, the grantee does not compete for Program funding for Step 2 
and Step 3. Instead, funding under the Program is dictated by a 
grantee's successful completion of a Step, as determined by FRA. The 
table below illustrates this funding sequence.

[[Page 77924]]



----------------------------------------------------------------------------------------------------------------
                                                                                                      Grantee
                    Step                               Work activities             Award amount    minimum cost
                                                                                                     share (%)
----------------------------------------------------------------------------------------------------------------
Step 1.....................................  Scope, Schedule, and Cost Estimate         $500,000               0
                                              for SDP.
Step 2.....................................  SDP................................             TBD              10
Step 3.....................................  Project Development................             TBD              20
----------------------------------------------------------------------------------------------------------------

    The opportunity described in this notice is made available under 
Assistance Listings Number 20.326, ``Federal-State Partnership for 
Intercity Passenger Rail.'' FRA is authorized to use up to 5 percent of 
the funding made available for the Federal-State Partnership for 
Intercity Passenger Rail grants (Fed-State Partnership) program to 
carry out planning and development activities related to the Corridor 
ID Program. 49 U.S.C. 24911(k). Such activities include: (1) providing 
funding to public entities for the development of SDPs selected under 
the Corridor ID Program; (2) facilitating and providing guidance for 
intercity passenger rail systems planning; and (3) providing funding 
for the development and refinement of intercity passenger rail systems 
planning analytical tools and models. 49 U.S.C. 24911(k). In addition, 
such planning and development activities include a Corridor's Project 
Development activities, such as PE and NEPA, that are relevant to the 
successful development of intercity passenger rail corridors and to the 
success of the Program. 49 U.S.C. 25101(a)(7) (FRA may include in the 
Program ``such other features as the [FRA] considers relevant to the 
successful development of intercity passenger rail corridors.''); see 
also 49 U.S.C. 24911(k) (development activities related to the Corridor 
ID Program are eligible for funding).
6. Project Pipeline
    Within 1 year of establishing the Program, and by February 1st of 
each year thereafter, FRA will submit a ``project pipeline'' report to 
Congress. 49 U.S.C. 25101(g). As FRA established the Program on May 13, 
2022, FRA will submit the first project pipeline report to Congress on 
or before May 13, 2023. 87 FR 29432.
    The project pipeline report: (1) identifies intercity passenger 
rail corridors selected for development under the Program; (2) 
identifies capital projects for Federal investment, project applicants, 
and proposed Federal funding levels, as applicable, consistent with the 
Corridor project inventory; (3) specifies the order in which the 
Secretary would provide Federal financial assistance to projects that 
have identified sponsors, including a method and plan for apportioning 
funds to project sponsors for a five-year period; (4) takes into 
consideration the appropriate sequence and phasing of projects 
described in the Corridor project inventory; (5) takes into 
consideration the existing commitments and anticipated Federal, project 
applicant, sponsor, and other relevant funding levels for the next 5 
fiscal years; (6) is prioritized based on the level of readiness of the 
Corridor; \5\ and (7) reflects consultation with Amtrak. 49 U.S.C. 
25101(g)(1)-(7).
---------------------------------------------------------------------------

    \5\ In connection with the project pipeline report, FRA's 
criteria for determining the level of readiness for Federal 
financial assistance of a Corridor include: (1) identification of a 
service operator which may include Amtrak or private rail carriers; 
(2) identification of a service sponsor or sponsors; (3) 
identification of capital project sponsors; (4) engagement with the 
applicable host railroads; and (5) such other criteria as determined 
appropriate by FRA. 49 U.S.C. 25101(a)(3).
---------------------------------------------------------------------------

    The annual project pipeline report includes a Program-wide, 
prioritized list of projects that have completed Project Development 
and are ready for Implementation. The project pipeline report will also 
include a list of projects that are in Project Development, and thus 
are in the process of being prepared for future inclusion in the 
project pipeline.
7. Program Guidance
    FRA intends to issue Corridor ID Program guidance as the Program 
advances, including guidance for Corridors not selected to participate 
in the Program. 49 U.S.C. 25101(a)(6). Following the selection of 
Corridors under this notice, FRA will also provide an opportunity for 
all applicants with Corridors not selected to meet with FRA to receive 
feedback on their Corridor proposals.
8. DOT Strategic Goals
    FRA will implement the Corridor ID Program, as appropriate and 
consistent with law, in alignment with the priorities in Executive 
Order 14052, Implementation of the Infrastructure Investments and Jobs 
Act (86 FR 64355), which are to invest efficiently and equitably, 
promote the competitiveness of the U.S. economy, improve job 
opportunities by focusing on high labor standards, strengthen 
infrastructure resilience to all hazards including climate change, and 
to effectively coordinate with State, local, Tribal, and territorial 
government partners.
    Through the Corridor ID Program, FRA seeks to identify Corridors 
that reduce greenhouse gas emissions and can be designed with specific 
elements to address climate change impacts. Specifically, FRA is 
looking to identify Corridors that align with the President's 
greenhouse gas reduction goals, promote energy efficiency, support 
fiscally responsible land use and efficient transportation design, 
increase climate resilience, support domestic manufacturing, and reduce 
pollution.
    FRA also seeks to identify Corridors that address environmental 
justice, particularly for communities that disproportionally experience 
climate change-related consequences. Environmental justice, as defined 
by the Environmental Protection Agency, is the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income, with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. As part of the implementation of Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619), FRA seeks 
to identify Corridors that, to the extent possible, target at least 40 
percent of resources and benefits towards low-income communities, 
disadvantaged communities, communities underserved by affordable 
transportation, or overburdened communities.\6\
---------------------------------------------------------------------------

    \6\ Overburdened Community: Minority, low-income, tribal, or 
indigenous populations or geographic locations in the United States 
that potentially experience disproportionate environmental harms and 
risks. This disproportionality can be as a result of greater 
vulnerability to environmental hazards, lack of opportunity for 
public participation, or other factors. Increased vulnerability may 
be attributable to an accumulation of negative or lack of positive 
environmental, health, economic, or social conditions within these 
populations or places. The term describes situations where multiple 
factors, including both environmental and socio-economic stressors, 
may act cumulatively to affect health and the environment and 
contribute to persistent environmental health disparities.
---------------------------------------------------------------------------

    FRA also seeks to identify Corridors that proactively address 
racial equity and barriers to opportunity, including automobile 
dependence, as a form of

[[Page 77925]]

barrier, or redress prior inequities and barriers to opportunity. 
Section (E)(1)(c) describes racial equity considerations that an 
applicant can undertake, and FRA will consider during the review of 
applications.
    In addition to prioritizing projects that address climate change, 
proactively address racial equity, and reduce barriers to opportunity, 
to the extent possible in Project Planning and Project Development, FRA 
intends to use the Corridor ID Program to support the creation of good-
paying jobs with the free and fair choice to join a union and the 
incorporation of strong labor standards and training and placement 
programs, especially registered apprenticeships and Local Hire 
agreements. Projects that incorporate such considerations are expected 
to support a strong economy and labor market.
    FRA also intends to use the Corridor ID Program to support 
Corridors that encourage transit-oriented development to the extent it 
is applicable, for the purpose of enhancing the economic vitality and 
competitiveness of a neighborhood and region and providing new spaces 
and opportunities for commercial activity and housing.
    Section (E) of this notice, which outlines the Corridor ID Program 
selection criteria, describes the process for selecting Corridors that 
further these goals. Section (F)(3) describes progress and performance 
reporting requirements for selected Corridors, including the 
relationship between that reporting and the Corridor ID Program's 
selection criteria.

B. Federal Award Information

1. Available Award Amount
    The funding made available in this notice comes from FRA's 
authority to use up to 5 percent of the funding made available for the 
Fed-State Partnership program to carry out planning and development 
activities related to the Corridor ID Program. 49 U.S.C. 24911(k). The 
BIL provided significant funding for the Fed-State Partnership program 
of $7.2 billion for Fiscal Year 2022.\7\ Public Law 117-58, div. J, 
title VIII. FRA may also elect to award additional available funds to 
applications received under this notice (any selection and award under 
this notice is subject to the availability of appropriated funds).
---------------------------------------------------------------------------

    \7\ The Fed-State Partnership program is authorized for 
additional annual appropriations.
---------------------------------------------------------------------------

    Importantly, once a Corridor is selected to participate in the 
Program and receive Step 1 funding, additional funding for Step 2 and 
Step 3 activities is not competitive and FRA will award such funding 
upon the grantee's successful completion of the preceding step and 
demonstration of readiness to proceed, as determined by FRA, consistent 
with this notice and the availability of funding under 49 U.S.C. 
24911(k). Any selection and award under this notice is subject to the 
availability of appropriated funds.
2. Award Size
    FRA will award the applicant of a selected Corridor $500,000 for 
eligible Step 1 activities. As described, subsequent individual awards 
for Step 2 and Step 3 activities have no predetermined minimum or 
maximum dollar thresholds. FRA anticipates making multiple Corridor 
selections under this notice. FRA may not award grants to all eligible 
applications even if they meet or exceed the stated evaluation criteria 
(see section (E)).
3. Award Type
    FRA will make awards for Corridors selected under this notice 
through cooperative agreements. Cooperative agreements allow for 
substantial Federal involvement in carrying out the agreed upon 
investment, including technical assistance, review of interim work 
products, and increased program oversight. See section (A)(4). The use 
of cooperative agreements is consistent with the statutory direction 
that selected Corridors be developed through a partnership between the 
applicant and FRA. 49 U.S.C. 25101(d). The term ``grant'' is used 
throughout this document and is intended to reference funding awarded 
through a cooperative agreement. The funding provided under this notice 
will be made available to grantees on a reimbursable basis. Applicants 
must certify that their expenditures are allowable, allocable, 
reasonable, and necessary to the approved project before seeking 
reimbursement from FRA. Additionally, grantees are expected to expend 
matching funds at the percentage required in the grant concurrent with 
Federal funds throughout the life of the project. See an example of 
standard terms and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/Details/L19057. This template is subject to 
revision.
4. Concurrent Applications
    DOT and FRA may be concurrently soliciting applications for 
transportation infrastructure projects for several financial assistance 
programs. Applicants may submit applications requesting funding for a 
particular project to one or more of these programs. In the application 
for funding under this notice, applicants must indicate the other 
program(s) to which they submitted an application for funding the 
Corridor or certain Corridor components, as well as highlight new or 
revised information in the application responsive to this notice that 
differs from the previously submitted application(s).

C. Eligibility Information

    This section of the notice explains applicant eligibility, Corridor 
eligibility, eligible activities, and cost sharing or matching 
requirements. Applications that do not meet the requirements in this 
section are ineligible for funding. Instructions for submitting 
eligibility information to FRA are detailed in section (D) of this 
notice.
1. Eligible Applicants
    The following entities are eligible to submit applications to 
participate in the Corridor ID Program under this notice:
    a. Amtrak.
    b. States.
    c. Groups of States.
    d. Entities implementing interstate compacts.
    e. Regional passenger rail authorities.
    f. Regional planning organizations.
    g. Political subdivisions of a State.
    h. Federally recognized Indian Tribes.
    The applicant serves as the primary point of contact for the 
application, and if selected, as the recipient of the Corridor ID 
Program grant award. An application may identify entities that are not 
eligible applicants as Corridor partners.
2. Cost Sharing or Matching
    For Step 1 activities, there is no minimum cost share or match 
requirement for Corridors funded under this notice. For Step 2 
activities, the Federal share of total costs for a Corridor will not 
exceed 90 percent.\8\ For Stage 3 activities, the Federal share

[[Page 77926]]

of total costs for a Corridor will not exceed 80 percent.
---------------------------------------------------------------------------

    \8\ The notice establishing the Corridor ID Program stated that 
not less than a 20 percent non-Federal share of eligible costs would 
be expected for the Corridor ID Program. 87 FR 29432. While a 20 
percent match is consistent with the requirements of the Fed-State 
Partnership program, it is not required for the Corridor ID Program. 
See 49 U.S.C. 24911(f)(2) (establishing a Federal share of 80 
percent for ``a project under this section''--``this section'' is 
the Fed-State Partnership program (which does not encompass the 
Corridor ID Program). After further consideration, outreach, and 
development of the Program, FRA believes a graduated non-Federal 
match requirement better advances the Program by further encouraging 
applicants from across the country to participate. Therefore, as 
reflected in this notice, FRA will fund 100 percent of the eligible 
Step 1 activities, up to 90 percent of the eligible Step 2 
activities, and up to 80 percent of the eligible Step 3 activities.
---------------------------------------------------------------------------

    The non-Federal share may be composed of public sector (e.g., state 
or local) and/or private sector funding. FRA will not consider any non-
Federal funds already expended (or otherwise encumbered) toward the 
matching requirement,\9\ unless compliant with 2 CFR part 200. In-kind 
contributions, including the donation of services, materials, and 
equipment, may be credited as a project cost, in a uniform manner 
consistent with 2 CFR 200.306.
---------------------------------------------------------------------------

    \9\ See section (F)(2)(a) for supporting information required to 
demonstrate eligibility of Federal funds for use as match.
---------------------------------------------------------------------------

    Amtrak or another railroad carrier may use ticket and other non-
Federal revenues generated from its operations and other sources as 
matching funds.
    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. Cost sharing or matching 
may be used only for eligible purposes under the Program and are 
subject to the requirements of the Federal award.
3. Eligible Corridors
    An applicant is not limited in the number of Corridors for which 
they seek participation in the Corridor ID Program. The Corridors that 
are eligible under the Corridor ID Program are defined in section 
(A)(2). See also 49 U.S.C. 25101(h). That definition is limited 
exclusively to intercity passenger rail routes. As such, commuter rail 
services are not ``Corridors'' under this definition and are not 
eligible to participate in the Program. See 49 U.S.C. 24102(4) 
(``[I]ntercity rail passenger transportation'' means rail passenger 
transportation, except commuter rail passenger transportation.'').\10\ 
Likewise, an eligible Corridor must encompass a geographic scope 
sufficient to constitute intercity passenger rail transportation; a 
proposal that only consists of a portion of a route, which if advanced 
independently would not constitute intercity passenger transportation, 
is not eligible.
---------------------------------------------------------------------------

    \10\ With that said, a Corridor may jointly benefit commuter 
rail services and intercity passenger rail services and be eligible 
to participate in the Program, assuming it meets the Corridor 
criteria as described in section (A)(2).
---------------------------------------------------------------------------

    While an eligible Corridor may include geographic markets and/or 
segments that are outside of the United States (e.g., where a major 
travel market outside of the United States is located in proximity to 
the international border, or where a Corridor segment passing outside 
of the United States connects markets lying within the United States), 
the Corridor ID Program will focus on the components of a Corridor that 
are located in the United States.
    In addition, Corridor eligibility is limited to proposals that use 
technologies that are ready for deployment and Implementation at the 
time of application. Proposals that include the use of unproven 
technologies that are under development at the time of application are 
not eligible.
4. Eligible Activities
    For Corridors selected to participate in the Corridor ID Program, 
the following activities are eligible for funding under 49 U.S.C. 
24911(k) and this notice:
    a. Step 1: The initiation of an applicant's Corridor development 
efforts under the Program (including securing the professional and 
technical staff or contractor support necessary to prepare an SDP) and 
the development of a scope, schedule, and cost estimate for preparing 
an SDP for a Corridor.
    b. Step 2: The preparation of an SDP (or an update to an existing 
SDP) consistent with 49 U.S.C. 25101(d) and this notice to complete 
Project Planning work consistent with FRA's Guidance on Development and 
Implementation of Railroad Capital Projects.
    c. Step 3: The preparation of all additional Project Development 
work required to ready the Corridor (or the initial phase or phases of 
the Corridor) for Implementation. Such work includes the completion of 
PE and NEPA activities, and other documentation for the Corridor's 
capital project(s) to advance to Implementation, consistent with FRA's 
Guidance on Development and Implementation of Railroad Capital 
Projects.

D. Application and Submission Information

1. Address To Request Application Package
    Application materials may be accessed at https://www.Grants.gov. 
Applicants must submit all application materials in their entirety 
through https://www.grants.gov no later than 5 p.m. ET, on March 20, 
2023. Applicants are strongly encouraged to apply early to ensure that 
all materials are received before the application deadline. FRA 
reserves the right to modify this deadline. General information for 
submitting applications through 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.
2. Content and Form of Application Submission
    FRA strongly advises applicants to read this section carefully. 
Applicants must submit all required information and components of the 
application package to be considered for selection and funding under 
the Corridor ID Program. Applications that are not submitted on time or 
do not contain all required documentation will not be considered. To 
support the application, applicants may provide other relevant and 
available optional supporting documentation that may have been 
developed by the applicant.
    Required documents for an application package are described in 
subsections (a) and (b) below.
a. Corridor Narrative
    This section describes the minimum content required in the Corridor 
Narrative for applications under the Corridor ID Program. The Corridor 
Narrative must follow the basic outline below to address the Program 
requirements and to assist evaluators in locating relevant information.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
I. Cover Page..............................  See D.2.a.i.
II. Corridor Summary.......................  See D.2.a.ii.
III. Corridor Funding......................  See D.2.a.iii.
IV. Applicant Eligibility..................  See D.2.a.iv.
V. Detailed Corridor Description...........  See D.2.a.v.
VI. Corridor Location......................  See D.2.a.vi.
VII. Evaluation and Selection Criteria.....  See D.2.a.vii.

[[Page 77927]]

 
VIII. DOT Strategic Goals..................  See D.2.a.viii.
------------------------------------------------------------------------

    The above content must be provided in a narrative statement 
submitted by the applicant. The Corridor Narrative may not exceed 15 
pages in length (excluding cover pages, table of contents, and 
supporting documentation). FRA will not review or consider Corridor 
Narratives beyond the 15-page limitation. If possible, applicants 
should submit supporting documents via website links rather than hard 
copies. If supporting documents are submitted, applicants must clearly 
identify the relevant portion of the supporting document with the page 
numbers of the cited information in the Corridor Narrative. The 
Corridor Narrative must adhere to the following outline.
    i. Cover Page: Include a cover page that lists the following 
elements in either a table or formatted list:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Corridor Title
Applicant
Was a Federal Grant Application Previously   Yes/No
 Submitted for this Corridor?                If yes, please specify the
                                              program, funding year and
                                              project title of the
                                              previous application.
Other sources of Funding for the Corridor?.  Yes/No
                                             If yes, please specify the
                                              source of funding and the
                                              estimated amount.
City(-ies), State(s) Where the Corridor is
 Located
Congressional District(s) Where the
 Corridor is Located
Is the Corridor currently programmed or      Yes/No
 identified in: State rail plan, or          If yes, please specify in
 regional or interregional intercity         which plans the Corridor is
 passenger rail systems planning study?       currently programmed/
                                              identified and how the
                                              plan may be accessed.
Is the applicant working with other          Yes/No
 entities in support of the Corridor?.       If yes, please specify the
                                              entities.
------------------------------------------------------------------------

    ii. Corridor Summary: Provide a brief 4-6 sentence summary of the 
Corridor. Include challenges the Corridor aims to address and summarize 
the intended outcomes and anticipated benefits that will result from 
the Corridor.
    iii. Corridor Funding: If applicable, indicate in table format the 
amount of non-Program funding (both Federal and non-Federal) available 
at the time of application to support eligible activities under the 
Program.\11\ Identify the source(s) of non-Program funds, including 
funding commitment letters outlining funding agreements, as attachments 
or in an appendix. If non-Program Federal funding is available to 
support the development of the Corridor, demonstrate the applicant's 
determination of eligibility for such use, and the legal basis for that 
determination. Also, note if any available non-Program funding must be 
obligated or spent by a certain date due to dependencies or 
relationships with other Federal or non-Federal funding sources, 
related projects, law, or other factors. Finally, specify whether 
Federal funding for the Corridor has previously been sought, and 
identify the Federal program and fiscal year of the funding request(s), 
as well as highlight new or revised information in the Corridor ID 
Program application that differs from the application(s) to other 
financial assistance programs.
---------------------------------------------------------------------------

    \11\ Although there is not a cost sharing requirement for the 
selection of a Corridor to participate in the Program, as discussed, 
there is a cost sharing requirement in connection with Step 2 and 
Step 3 activities under the Program.
---------------------------------------------------------------------------

    iv. Applicant Eligibility: Explain how the applicant meets the 
applicant eligibility criteria outlined in section (C) of this notice 
including where appropriate citations to applicable enabling 
legislation for the applicant.
    v. Detailed Corridor Description: Include a detailed Corridor 
description that expands upon the brief Corridor summary. This detailed 
description should address, at a minimum: (1) information regarding the 
basic characteristics of the Corridor, including the key geographic 
travel markets that must be served for the Corridor to fulfill its 
intended objectives, high-level initial estimates, preferably expressed 
as ranges or options, of certain Corridor characteristics (such as the 
potential service frequencies and travel times between the Corridor-
defining markets, the potential geographic routes for the Corridor 
(particularly if the subject Corridor is intended to operate over 
existing rail lines), and, for Corridors with improvements to existing 
intercity passenger rail services, a detailed description of the 
improvements proposed to be developed under the Program); (2) 
information necessary to assess the readiness of the Corridor to enter 
into planning and development under the Program, including 
demonstrating the existing level of commitment of the applicant; (3) a 
description of any eligible activities (see section (C)) that have been 
completed or are currently ongoing for the Corridor; (4) the intended 
operator of the Corridor, if known; \12\ (5) the legal, technical, and 
financial capability and capacity of the applicant and relevant 
partners to engage in the planning and development of the Corridor, as 
well as their ability to support and fund the Implementation and 
operation of the Corridor; \13\ (6) information on the challenges the 
Corridor aims to address; (7) the expected users and beneficiaries of 
the Corridor, including all railroad operators; (8) the applicant's 
interest in potential scaling of the Corridor

[[Page 77928]]

proposal and/or phasing of its Implementation; (9) for applicants 
submitting applications for multiple Corridors, a listing of all 
applications and the applicant's prioritization of the Corridors; and 
(10) any other information the applicant deems necessary to justify the 
Corridor. FRA may also consider relevant supporting documentation, such 
as letters of support from partnering organizations, none of which will 
count against the Corridor Narrative 15-page limit.
---------------------------------------------------------------------------

    \12\ For example, Amtrak's role as operator is relevant to the 
Corridor planning and development process (including the use and 
improvement of facilities of host railroads, ongoing operating and 
maintenance costs, and requirements regarding the provision of 
operating financial support by service sponsors). In the May 13, 
2022, notice that formally established the Program, FRA indicated 
that applications must state whether the Corridor was intended to be 
operated by Amtrak. 87 FR 29436. However, FRA has now determined 
that this question may be addressed in Step 1 under the Program. 
With that said, if the applicant has made a determination at the 
time of application, it should include that information in the 
application.
    \13\ The ability to secure such future funding may be 
demonstrated by the applicant's past or current funding of intercity 
passenger rail capital improvements and operations.
---------------------------------------------------------------------------

    vi. Corridor Location: Include geospatial data for the Corridor, as 
well as a map of the Corridor's location. For applications relating to 
Corridors for which the route and geographic alignment is not known, 
the geospatial data and map may be limited in detail to depicting the 
connections between the key geographic travel markets that must be 
served for the Corridor to fulfill its intended objectives. Geospatial 
data can be expressed in terms of decimal degrees for latitude and 
longitude of at least five decimal places of precision or start and end 
mileposts designating railroad code and subdivision name. On the map, 
include the Congressional districts which the Corridor may traverse.
    vii. Evaluation and Selection Criteria: Include a thorough 
discussion of how the Corridor meets the evaluation and selection 
criteria, as outlined in section (E) of this notice. FRA recognizes 
that an applicant may not be able to provide detailed information in 
connection with each of the statutory evaluation criteria (section 
(E)(1)(b)(i)). Applicants are encouraged to provide as much detail 
related to those criterion as is available, and applications will not 
be penalized in the evaluation process where detailed information is 
not available.
    viii. DOT Strategic Goals: To the extent feasible, applicants 
should describe, as applicable, efforts to consider climate change and 
sustainability impacts, as well as efforts to improve equity and reduce 
barriers to opportunity in Corridor planning. In addition, applicants 
should describe how Corridor planning and development may advance good-
paying, quality jobs and workforce programs and hiring policies that 
promote workforce inclusion. Additional information about strong labor 
standards that grant award recipients will be expected to meet are 
described below in Administrative and National Policy Requirements 
(section (F)(2)).
b. Additional Application Elements
    Applicants must submit:
    i. SF 424--Application for Federal Assistance.
    ii. SF 424A--Budget Information for Non-Construction.
    iii. SF 424B--Assurances for Non-Construction.
    iv. FRA F 30--Certifications Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
    v. FRA F 251--Applicant Financial Capability Questionnaire, located 
at https://railroads.dot.gov/elibrary/fra-f-251.
    vi. SF LLL--Disclosure of Lobbying Activities, if applicable.
    Standard OMB 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 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 SAM requirements. If an applicant has 
not fully complied with these requirements by the time the Federal 
awarding agency is ready to make a Federal award, the Federal awarding 
agency may determine that the applicant is not qualified to receive a 
Federal award and use that determination as a basis for making a 
Federal award to another applicant. Late applications that are the 
result of a failure to register or comply with 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:
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, recipients, 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 recipient's immediate and 
highest-level owner and subsidiaries, as well as on all predecessors 
that have been awarded a Federal contract or grant within the last 
three years, if applicable. Information about SAM registration 
procedures is available at www.sam.gov.
b. Obtain a Unique Entity Identifier.
    On April 4, 2022, the federal government stopped using DUNS 
numbers. The DUNS Number was replaced by a new, non-proprietary 
identifier that is provided by the System for Award Management 
(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.
    c. Create a Grants.gov username and password.
    Applicants must complete an Authorized Organization Representative 
(AOR) profile on www.Grants.gov and create a username and password. 
Applicants must use the organization's UEI to complete this step. 
Additional information about the registration process is available at: 
https://www.grants.gov/web/grants/applicants/organization-registration.html.
    d. Acquire Authorization for your AOR from the E-Business Point of 
Contact (E-Biz POC).
    The E-Biz POC at the applicant's organization must respond to the 
registration email from 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.

[[Page 77929]]

    e. Submit an Application Addressing All Requirements Outlined in 
this NOFO.
    If an applicant has trouble at any point during this process, 
please call the 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: http://www.grants.gov/web/grants/applicants/apply-for-grants.html.
4. Submission Dates and Times
    Applicants must submit complete applications to www.Grants.gov no 
later than 5 p.m. ET, March 20, 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, the 
following conditions are not valid reasons to permit late submissions: 
(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 notice; and (4) technical issues experienced 
with the applicant's computer or information technology environment.
5. Intergovernmental Review
    Intergovernmental Review is required for this Program. Applicants 
must contact their State Single Point of Contact to comply with their 
state's process under Executive Order 12372.
6. Funding Restrictions
    Consistent with 2 CFR 200.458, as applicable, FRA will only approve 
pre-award costs for Step 1 if such costs are incurred pursuant to the 
negotiation and in anticipation of the grant agreement and if such 
costs are necessary for efficient and timely performance of the scope 
of work. Under 2 CFR 200.458, grantees must seek written approval from 
FRA for pre-award Step 1 activities to be eligible for reimbursement 
under the grant. Activities initiated prior to the execution of a grant 
or without FRA's written approval may be ineligible for reimbursement 
or matching contribution. Cost sharing or matching may be used only for 
authorized Federal award purposes.
7. Other Submission Requirements
    For any supporting application materials that an applicant cannot 
submit via Grants.gov, such as oversized engineering drawings, an 
applicant may submit an original and two (2) copies to Peter Schwartz, 
Acting Director, Office of Railroad Planning and Engineering, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 
20590. However, due to delays caused by enhanced screening of mail 
delivered via the U.S. Postal Service, FRA advises applicants to use 
other means of conveyance (such as courier service) to assure timely 
receipt of materials before the application deadline. Additionally, if 
documents can be obtained online, explaining to FRA how to access files 
on a referenced website may also be sufficient.
    Note: Please use generally accepted formats such as .pdf, .doc, 
.docx, .xls, .xlsx and .ppt, when uploading attachments. While 
applicants may embed picture files, such as .jpg, .gif, and .bmp in 
document files, applicants should not submit attachments in these 
formats. Additionally, the following formats will not be accepted: 
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, 
.sys, and .zip.

E. Application Review Information

1. Criteria
a. Eligibility, Completeness, and Applicant Risk Review
    FRA will first screen each application for applicant and Corridor 
eligibility (eligibility requirements are outlined in section (C) of 
this notice), and completeness (application documentation and 
submission requirements are outlined in section (D) of this notice).
    FRA will then consider applicant risk, including the applicant's 
past performance in developing and delivering similar projects.
b. Evaluation Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria outlined in this section.
    i. Corridor Benefits:
    FRA will evaluate the Corridor benefits of the proposed Corridor, 
including: \14\
---------------------------------------------------------------------------

    \14\ As discussed, FRA recognizes that detailed information 
capable of demonstrating that a Corridor meets certain of these 
evaluation criteria (e.g., sections (A)-(E)), may not have been 
developed for the Corridor at the time of application (as much of 
this information would be developed as part of the preparation of an 
SDP). Applications will not be penalized in the evaluation process 
if detailed information related to these criteria is not available 
at the time of application.
---------------------------------------------------------------------------

    A. The projected ridership, revenues, capital investment, and 
operating funding requirements.
    B. The anticipated environmental, congestion mitigation, and other 
public benefits.
    C. The projected trip times and their competitiveness with other 
transportation modes.
    D. The anticipated positive economic and employment impacts.
    E. The benefits to rural communities.
    F. Whether the Corridor serves historically unserved or underserved 
and low-income communities or areas of persistent poverty.
    G. Whether the Corridor would benefit or improve connectivity with 
existing or planned transportation services of other modes.
    H. Whether the Corridor connects at least 2 of the 100 most 
populated metropolitan areas.
    I. Whether the Corridor would enhance the regional equity and 
geographic diversity of intercity passenger rail service.
    J. Whether the Corridor is or would be integrated into the national 
rail passenger transportation system and would create benefits for 
other passenger rail routes and services.
    ii. Technical Merit:
    FRA will also evaluate application information for the following:
    A. Whether the applicant is ready to commence activities under the 
Program and to complete, at a minimum, Step 1 and Step 2.
    B. Whether the technical qualifications and experience of key 
personnel the applicant proposes to lead and perform the technical 
efforts, including the qualifications of the primary and supporting 
organizations, demonstrates the ability to fully, timely, and 
successfully execute Step 1 and Step 2 activities for the Corridor.
    C. The applicant's commitment to the Implementation and operation 
of the Corridor (e.g., documented support for the Corridor from 
relevant legislative and executive government bodies, an established 
history of support for intercity passenger rail operations and capital 
investments, etc.).
    D. Whether the route was identified as part of a regional or 
interregional planning study.

[[Page 77930]]

    E. The committed or anticipated non-Federal funding for operating 
and capital costs.\15\
---------------------------------------------------------------------------

    \15\ As noted, FRA recognizes that detailed information may not 
have been developed for the Corridor at the time of application. 
Applications will not be penalized in the evaluation process if 
detailed information related to this criteria is not available at 
the time of application.
---------------------------------------------------------------------------

    F. Whether the Corridor is included in a State's approved State 
rail plan.
    G. Whether a passenger rail operator has expressed support for the 
Corridor.
c. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined above, FRA will apply the following 
selection criteria:
i. DOT Strategic Goals
    A. Safety.
    FRA will assess the Corridor's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with the Department's strategic goal to reduce transportation-related 
fatalities and serious injuries across the transportation system. To 
the extent applicable, such considerations will include, but are not 
limited to, the extent to which the Corridor improves safety at 
highway-rail grade crossings, reduces incidences of rail-related 
trespassing, upgrades infrastructure to achieve a higher level of 
safety, and uses an appropriately trained workforce.
    B. Economic Strength and Global Competitiveness.
    1. Infrastructure Investment and Job Creation.
    In support of Executive Order 14025, Worker Organizing and 
Empowerment (86 FR 22829), and Executive Order 14052, Implementation of 
the Infrastructure Investment and Jobs Act (86 FR 64335), FRA will 
assess to the extent applicable the Corridor's ability to contribute to 
economic progress stemming from infrastructure investment and 
associated job creation in the industry. Such considerations will 
include, but are not limited to, the extent to which the Corridor 
results in long-term job creation by supporting good-paying 
construction and manufacturing jobs directly related to the Corridor 
with free and fair choice to join a union, such as through the use of 
project labor agreements or union neutrality agreements, pre-
apprenticeships tied to Registered Apprenticeships, Registered 
Apprenticeships, community-benefit agreements, and local hiring 
provisions, or other targeted preferential hiring requirements, or 
other similar standards or protections; invests in vital infrastructure 
assets and provides opportunities for families to achieve economic 
security through rail industry employment.
    2. Support Resilient Supply Chains & Economic Opportunity.
    To the extent applicable, Corridors will also be assessed by their 
ability to promote the efficiency and resilience of supply chains by 
increasing freight rail capacity, reducing congestion, alleviating 
bottlenecks, and increasing multimodal connections. In addition, 
applicants are encouraged to consider the ability of the Corridor to 
provide greater access to economic opportunity to residents through 
greater connections to jobs, commerce, and educational opportunities. 
Applicants are also encouraged to consider the ability of the Corridor 
to encourage transit-oriented development to the extent it is 
applicable.
    C. Equity.
    In support of Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government (86 
FR 7009), and Executive Order 14008, Tackling the Climate Crisis at 
Home and Abroad (86 FR 7619), to the extent applicable FRA will assess 
the Corridor's ability to address equity and barriers to opportunity, 
to the extent possible within the Program and consistent with law. Such 
considerations will include, but are not limited to, the applicant's 
plan for using small businesses to complete work activities under the 
Program, the extent to which the Corridor improves or expands 
transportation options for underserved communities, mitigates the 
safety risks and detrimental quality of life effects that rail lines 
can have on communities especially those communities that might have 
been historically disconnected due to the railroad infrastructure, and 
expands workforce development and career pathway opportunities to 
foster a more diverse rail industry. This will also include community 
engagement efforts already taken or planned, the extent to which 
engagement efforts are designed to meaningfully reach impacted 
communities, whether engagement is accessible for persons with 
disabilities or limited English proficient persons within the impacted 
communities, and how community feedback is taken into account in 
decision-making.
    D. Climate and Sustainability.
    In support of E.O. 14008, ``Tackling the Climate Crisis at Home and 
Abroad,'' to the extent applicable, to the extent applicable FRA will 
assess the Corridor's ability to reduce the harmful effects of climate 
change and anticipate necessary improvements to prepare for extreme 
weather events. Such considerations will include, but are not limited 
to, the extent to which the Corridor reduces emissions, promotes energy 
efficiency, increases resiliency, and recycles or redevelops existing 
infrastructure.
    E. Transformation.
    FRA will assess the Corridor's ability to expand and improve the 
nation's rail network, which needs to balance new infrastructure for 
increased capacity with proper maintenance of aging assets. As 
applicable, such considerations will include, but are not limited to, 
the extent to which the Corridor adds capacity to congested corridors, 
improves supply chain resilience, and ensures assets will be improved 
to a state of good repair.
ii. Previous Federal High-Speed Rail Corridor Designations
    Beginning with the enactment of the Intermodal Surface 
Transportation Efficiency Act of 1991, and continuing through 2011, FRA 
``designated'' a total of 11 high-speed rail corridors.\16\ FRA will 
take these designations into consideration when evaluating applications 
to participate in the Program.
---------------------------------------------------------------------------

    \16\ These designated rail corridors are as follows: (1) a 
Midwest corridor (linking Chicago, IL with Detroit, MI, St. Louis, 
MO, and Milwaukee, WI; an extension from Milwaukee, WI to 
Minneapolis/St. Paul, MN; an extension to Indianapolis, IN and 
Cincinnati, OH; an extension from Chicago, IL to Toledo, OH and 
Cleveland, OH; an extension from Indianapolis, IN to Louisville, KY; 
an extension between Cleveland, OH, Columbus, OH, Dayton, OH, and 
Cincinnati, OH; and an extension from St. Louis, MO to Kansas City, 
MO); (2) a Florida corridor (linking Miami with Orlando and Tampa); 
(3) a California corridor (linking San Diego, Los Angeles, the San 
Francisco Bay, and Sacramento; and an extension to Las Vegas, NV); 
(4) a Southeast corridor (connecting Charlotte, NC, Richmond, VA, 
and Washington DC; an extension from Charlotte, NC to Greenville, SC 
to Atlanta, GA to Macon, GA; an extension from Raleigh, SC to 
Columbia, SC and to Savannah, GA and Jacksonville, FL; and an 
extension from Macon, GA to Jesup, GA); (5) a Pacific Northwest 
corridor (linking Eugene, OR and Portland, OR with Seattle, WA and 
Vancouver, Canada); (6) a Gulf Coast corridor (including an 
extension from Birmingham, AL to Atlanta, GA); (7) a Keystone 
corridor (from Philadelphia to Harrisburg; and an extension from 
Harrisburg to Pittsburgh); (8) an Empire State corridor (from New 
York City to Albany and Buffalo); (9) a Northern New England 
corridor (linking Boston, MA with Portland/Auburn, ME and Montreal, 
Canada; and an extension from Boston, MA to Springfield, MA and 
Albany, NY and from Springfield, MA to New Haven, CT); (10) a South 
Central corridor (linking Dallas/Ft. Worth, TX with Austin, TX and 
San Antonio, TX, Oklahoma City, OK and Tulsa, OK, and Texarkana, TX/
AR, and Little Rock, AR); and (11) a Northeast corridor (between 
Washington, DC, Philadelphia, PA, New York, NY, and Boston, MA).
---------------------------------------------------------------------------

iii. Other Factors
    While FRA intends the Corridor ID Program to support the 
development of many, varied intercity passenger rail

[[Page 77931]]

corridors, FRA may limit its selection of Corridors, particularly at 
the beginning of the Program, based on several considerations. Such 
considerations may include the availability of Federal funding to 
implement Corridors developed under the Corridor ID Program, the 
capacity of the intercity passenger rail industry as a whole to support 
the Corridor development efforts, and a strategy to grow the Program at 
a sustainable rate.
    FRA's selection of Corridors may also be influenced by the overall 
level of risk, complexity, and level of effort associated with the 
development of a Corridor. For example, FRA may limit the number of 
selected Corridors that involve entirely new intercity passenger rail 
services, due to the significant risks, complexity, and level of effort 
involved in developing and implementing such proposals. Conversely, FRA 
may be more expansive in selecting Corridors that involve incremental 
improvements to existing services, as the development of such proposals 
would likely involve relatively lower risk, complexity, and level of 
effort.
2. Review and Selection Process
    FRA will conduct a five-part application review and selection 
process, as follows:
    a. Screen applications for applicant eligibility, corridor 
eligibility, completeness, and applicant risk including past 
performance in developing and delivering similar projects;
    b. Evaluate screened applications (completed by technical panels 
applying the evaluation criteria);
    c. If applicable, conduct discussions with applicants of screened 
applications, including to address potential Corridor scaling; the 
prioritization of Corridors for applicants with multiple applications; 
and a Corridor's geographic overlap with another Corridor;
    d. Review and apply selection criteria and recommend initial 
selection of Corridors for the FRA Administrator's review (completed by 
a non-career Senior Review Team, which includes senior leadership from 
the Office of the Secretary and FRA); and
    e. Select recommended corridors for the Secretary's review and 
approval (completed by the FRA Administrator).
3. Reporting Matters Related to Integrity and Performance
    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold of $250,000 (see 2 
CFR 200.88 Simplified Acquisition Threshold), FRA will review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
See 41 U.S.C. 2313.
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a Federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information, in making a judgment about the applicant's 
integrity, business ethics, and record of performance under Federal 
awards when completing the review of risk posed by applicants as 
described in 2 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notice
    FRA will announce applications selected for participation in the 
Corridor ID Program in a press release and on FRA's website after the 
application review period. This announcement is FRA's notification to 
successful and unsuccessful applicants alike. FRA will contact 
applicants with successful applications after announcement with 
information and instructions about the award process. This notification 
is not an authorization to begin proposed Step 1 activities. FRA 
requires satisfaction of applicable requirements by the applicant and a 
formal agreement signed by both the grantee and the FRA before 
obligating the grant. See an example of standard terms and conditions 
for FRA grant awards at https://railroads.fra.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 must comply 
with all applicable requirements of Federal law, including, without 
limitation: the Constitution of the United States; the relevant 
authorization and appropriations, the conditions of performance, 
nondiscrimination requirements, and other assurances made applicable to 
the award of funds in accordance with regulations of DOT; and 
applicable Federal financial assistance and contracting principles 
promulgated by the Office of Management and Budget (OMB). In complying 
with these requirements, grantees, in particular, must ensure that no 
concession agreements are denied or other contracting decisions made on 
the basis of speech or other activities protected by the First 
Amendment. If FRA determines that a grant recipient has failed to 
comply with applicable Federal requirements, FRA may terminate the 
award of funds and disallow previously incurred costs, requiring the 
recipient to reimburse any expended award funds. See an example of 
standard terms and conditions for FRA grant awards at https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is subject to revision.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards at 2 CFR part 200 
subpart D--Procurement Standards; 2 CFR 1207.317 and 2 CFR 200.401; 
compliance with Federal civil rights laws and regulations; 
disadvantaged business enterprises requirements; debarment and 
suspension requirements; drug-free workplace requirements; FRA's and 
OMB's Assurances and Certifications; Americans with Disabilities Act; 
safety requirements; NEPA; environmental justice requirements; and 2 
CFR 200.315, governing rights to intangible property. Unless otherwise 
stated in statutory or legislative authority, or appropriations 
language, all financial assistance awards follow the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
    Selected Corridors must sufficiently consider climate change and 
sustainability in their planning and development activities, as 
determined by FRA, consistent with Executive Order 14008, Tackling the 
Climate Crisis at Home and Abroad (86 FR 7619). Activities that address 
climate change include, but are not limited to, demonstrating: the 
Corridor will result in significant greenhouse gas emissions 
reductions; and the Corridor supports emissions reductions goals in a 
Local/Regional/State plan. Activities that address EJ include but are 
not limited to: basing Corridor and project design on the results of a 
proven EJ screening tool (developed by another Federal agency such as 
the EPA,\17\ a State agency, etc.); conducting enhanced, targeted 
outreach to EJ communities; considering EJ in alternatives analysis

[[Page 77932]]

and final project design; and supporting a modal shift in passenger 
movement to reduce emissions or reduce induced travel demand.
---------------------------------------------------------------------------

    \17\ For more information regarding the EPA EJ screening tool 
see https://www.epa.gov/ejscreen.
---------------------------------------------------------------------------

    Selected Corridors must sufficiently consider equity and barriers 
to opportunity in their planning and development activities, as 
determined by FRA, consistent with Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (86 FR 7009). Activities that address equity and 
barriers to opportunity include, but are not limited to: completing an 
equity impact analysis for the Corridor; adopting an equity and 
inclusion program/plan; conducting meaningful public engagement to 
ensure underserved communities are provided an opportunity to be 
involved in the planning process and is conducted in a manner that is 
consistent with title VI requirements; including investments that 
either redress past barriers to opportunity or that proactively create 
new connections and opportunities for underserved communities; hiring 
from local communities; improving access to or providing economic 
growth opportunities for underserved, overburdened, or rural 
communities; or addressing historic or current inequitable air 
pollution or other environmental burdens and impacts.
    Each applicant selected to participate in the Corridor ID Program 
must ensure that, to the extent applicable, the service development 
planning activities and the Project Development activities under the 
Program sufficiently consider job quality and labor rights, as 
determined by the Department of Labor, consistent with Executive Order 
14025, Worker Organizing and Empowerment (86 FR 22829), and Executive 
Order 14052, Implementation of the Infrastructure Investment and Jobs 
Act (86 FR 64335). Specifically, the service development planning 
activities and the Project Development activities must support: (a) 
strong labor standards and the free and fair choice to join a 
union,\18\ including project labor agreements, local hire 
agreements,\19\ distribution of workplace rights notices, and the use 
of an appropriately trained workforce; (b) support of high-quality 
workforce development programs, including registered apprenticeship, 
labor-management training programs, and supportive services to help 
train, place, and retain people in good-paying jobs and 
apprenticeships; and (c) comprehensive planning and policies to promote 
hiring and inclusion for all groups of workers, including through the 
use of local and economic hiring preferences, linkage agreements with 
workforce programs that serve these underrepresented groups, and 
proactive plans to prevent harassment. In addition, to the extent 
applicable, the grant conditions and other requirements in 49 U.S.C. 
22905, including protective arrangements that are equivalent to the 
protective arrangements established under section 504 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836) with 
respect to employees affected by action taken in connection with a 
project to be financed in whole or in part by grants subject to 49 
U.S.C. 22905, will apply to Corridor ID Program projects at 
Implementation.
---------------------------------------------------------------------------

    \18\ Federal funds may not be used to support or oppose union 
organizing, whether directly or as an offset for other funds.
    \19\ IIJA div. B section 25019 provides authority to use 
geographical and economic hiring preferences, including local hire, 
for construction jobs, subject to any applicable State and local 
laws, policies, and procedures.
---------------------------------------------------------------------------

    The Office of Federal Contract Compliance Programs (OFCCP) is 
charged with protecting America's workers by enforcing equal employment 
opportunity and affirmative action obligations of employers that do 
business with the Federal Government. OFCCP enforces Executive Order 
11246, section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. Together these legal 
authorities make it unlawful for federal contractors and subcontractors 
to discriminate in employment because of race, color, religion, sex, 
sexual orientation, gender identity, national origin, disability, or 
status as a protected veteran.
    Consistent with E.O. 11246, Equal Employment Opportunity (30 FR 
12319, and as amended), all Federally assisted contractors are required 
to make good faith efforts to meet the goals of 6.9% of construction 
project hours being performed by women, in addition to goals that vary 
based on geography for construction work hours and for work being 
performed by people of color. Under section 503 of the Rehabilitation 
Act and its implementing regulations, affirmative action obligations 
for certain contractors include an aspirational employment goal of 7% 
workers with disabilities.
    The OFCCP has a Mega Construction Project Program through which it 
engages with project sponsors as early as the design phase to help 
promote compliance with non-discrimination and affirmative action 
obligations. Through the program, OFCCP offers contractors and 
subcontractors extensive compliance assistance, conducts compliance 
evaluations, and helps to build partnerships between the project 
sponsor, prime contractor, subcontractors, and relevant stakeholders. 
To the extent applicable, OFCCP will identify projects that receive an 
award under this notice and are required to participate in OFCCP's Mega 
Construction Project Program from a wide range of federally assisted 
projects over which OFCCP has jurisdiction and that have a project cost 
above $35 million. DOT will require project sponsors with costs above 
$35 million that receive awards under this funding opportunity to 
partner with OFCCP, if selected by OFCCP, as a condition of their DOT 
award. Under that partnership, OFCCP will ask these project sponsors to 
make clear to prime contractors in the pre-bid phase that project 
sponsor's award terms will require their participation in the Mega 
Construction Project Program. Additional information on how OFCCP makes 
their selections for participation in the Mega Construction Project 
Program is outlined under ``Scheduling'' on the Department of Labor 
website: https://www.dol.gov/agencies/ofccp/faqs/construction-
compliance.''

Critical Infrastructure Security and Resilience

    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience. Each applicant 
selected for funding under this notice should take efforts in the 
Corridor's service development planning and Project Development to 
consider and address, as applicable, relevant physical and cyber 
security risks, consistent with the cybersecurity performance goals for 
critical infrastructure and control systems directed by the National 
Security Presidential Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems, found at http://www.cisa.gov/cpgs.

Domestic Preference Requirements

    Assistance under this notice is subject to the Buy America 
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America 
Act, Public Law 117-58, sections 70901-52, to the extent applicable to 
a Corridor's service development planning and Project Development 
activities. In addition, as expressed in Executive Order 14005, 
Ensuring the Future Is Made in All of America by All of America's 
Workers (86 FR 7475), it is the policy of the executive branch to 
maximize, consistent with law, the use of goods, products, and 
materials produced in,

[[Page 77933]]

and services offered in, the United States. FRA expects all applicants, 
to the extent this requirement is applicable to a Corridor selected to 
participate in the Corridor ID Program, to comply with that requirement 
without needing a waiver. However, to obtain a waiver, a recipient must 
be prepared to demonstrate how they will maximize the use of domestic 
goods, products, and materials in constructing their project.

Civil Rights and Title VI

    Applications should demonstrate that the recipient has a plan for 
compliance with civil rights obligations and nondiscrimination laws, 
including title VI of the Civil Rights Act of 1964 and implementing 
regulations (49 CFR part 21), the Americans with Disabilities Act of 
1990 (ADA), and section 504 of the Rehabilitation Act, and accompanying 
regulations. This may include, as applicable, providing a title VI 
plan, community participation plan, and other information about the 
communities that will be benefited and impacted by the Corridor. The 
Department's and FRA's Offices of Civil Rights may provide resources 
and technical assistance to recipients to ensure full and sustainable 
compliance with Federal civil rights requirements.
3. Reporting
a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports must be submitted electronically. 
Pursuant to 2 CFR 170.210, non-Federal entities applying under this 
notice must have the necessary processes and systems in place to comply 
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
    Applicants selected for funding are required to comply with all 
reporting requirements in the standard terms and conditions for FRA 
grant awards including 2 CFR 180.335 and 2 CFR 180.350. If the total 
value of a selected applicant's currently active grants, cooperative 
agreements, and procurement contracts from all Federal awarding 
agencies exceeds $10,000,000 for any period of time during the period 
of performance of this Federal award, then the applicant during that 
period of time must maintain the currency of information reported SAM 
that is made available in the designated integrity and performance 
system (currently the Federal Awardee Performance and Integrity 
Information System (FAPIIS)) about civil, criminal, or administrative 
proceedings described in paragraph 2 of this award term and condition. 
This is a statutory requirement under section 872 of Public Law 110-
417, as amended (41 U.S.C. 2313). As required by section 3010 of Public 
Law 111-212, all information posted in the designated integrity and 
performance system on or after April 15, 2011, except past performance 
reviews required for Federal procurement contracts, will be publicly 
available.
c. Performance and Program Evaluation
    Recipients and subrecipients are also encouraged to incorporate 
program evaluation, including associated data collection activities 
from the outset of their program design and implementation, to 
meaningfully document and measure their progress towards meeting an 
agency priority goal(s). Title I of the Foundations for Evidence-Based 
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019) 
urges Federal awarding agencies and Federal assistance recipients and 
subrecipients to use program evaluation as a critical tool to learn, to 
improve equitable delivery, and to elevate program service and delivery 
across the program lifecycle. Evaluation means ``an assessment using 
systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency.'' 5 U.S.C. 311. Credible program evaluation activities are 
implemented with relevance and utility, rigor, independence and 
objectivity, transparency, and ethics (OMB Circular A-11, part 6 
section 290).
    For grant recipients receiving an award, evaluation costs are 
allowable costs (either as direct or indirect), unless prohibited by 
statute or regulation, and such costs may include the personnel and 
equipment needed for data infrastructure and expertise in data 
analysis, performance, and evaluation. (2 CFR part 200).
d. Performance Reporting
    Each applicant selected for funding must collect information and 
report on performance using measures mutually agreed upon by FRA and 
the grantee to assess progress in achieving strategic goals and 
objectives.

G. Federal Awarding Agency Contacts

    For further information related to this notice, please contact 
Peter Schwartz, Acting Director, Office of Railroad Planning and 
Engineering, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, by email: [email protected] or by telephone: 202-493-6360.

H. Other Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions.
    The DOT regulations implementing the Freedom of Information Act 
(FOIA) are found at 49 CFR part 7 subpart C--Availability of Reasonably 
Described Records under the Freedom of Information Act and sets forth 
rules for FRA to make requested materials, information, and records 
publicly available under FOIA. Unless prohibited by law and to the 
extent permitted under the FOIA, contents of application and proposals 
submitted by successful applicants may be released in response to FOIA 
requests.
    Except for the information properly marked as described in section 
(H), the Department may share application information within the 
Department or with other Federal agencies if the Department determines 
that sharing is relevant to the respective program's objectives.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-27559 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-06-P


