[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29964-29972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09863]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for Interstate Rail Compacts

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

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

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SUMMARY: This notice details the application requirements and 
procedures to obtain grant funding for eligible projects under the 
Interstate Rail Compacts Grant Program. The opportunities described in 
this notice are made available under Assistance Listings Number 20.328.

DATES: Applications for funding under this solicitation are due no 
later than 5 p.m. ET, July 10, 2023. Applications that are incomplete 
or received after 5 p.m. ET on July 10, 2023 will not be considered for 
funding. See Section D of this notice for additional information on the 
application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov will be 
eligible for award. For any supporting application materials that an 
applicant is unable to submit via www.Grants.gov, an applicant may 
submit an original and two (2) copies to Mr. Marc Dixon, Office of Rail 
Program Development, Federal Railroad Administration, 1200 New Jersey 
Avenue SE, Mail Stop 20, Washington, DC 20590. However, due to delays 
caused by enhanced screening of mail delivered via the U.S. Postal 
Service, applicants are advised to use other means of conveyance (such 
as courier service) to assure timely receipt of materials before the 
application deadline.

FOR FURTHER INFORMATION CONTACT: For further project or program-related 
information in this notice, please contact the FRA NOFO Support program 
staff via email at [email protected]. If additional assistance 
is needed you may contact Mr. Marc Dixon, Office of Rail Program 
Development, Federal Railroad Administration; email: 
[email protected]; phone: 202-493-0614.

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

    The Interstate Rail Compacts grant program (Program) is a new 
competitive program that will provide financial assistance to entities 
implementing Interstate Rail Compacts pursuant to section 410 of the 
Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101). The 
purpose of the Program is to improve, promote, and develop intercity 
passenger rail service, including activities related to the financing 
of such service, and to encourage multi-state grant applications. 
Grants under the Program are authorized for costs of administration; 
systems planning, including studying the impacts on freight rail 
operations and ridership; promotion of intercity passenger rail 
operation; preparation of applications for competitive Federal grant 
programs; and operations coordination.
    The Program is authorized in section 22306 of the Infrastructure 
Investment and Jobs Act, 2021, Div B, Tit. II, Public Law 117-58 
(IIJA); codified at 49 U.S.C. 22910. This NOFO is funded by the 
advanced appropriations provided under Division J of IIJA. The 
opportunity described in this NOFO is made available under Assistance 
Listings Number 20.328, ``Interstate Rail Compacts.''
    In August 2022, FRA published a Request for Information (RFI) in 
the Federal Register to solicit input from stakeholders about 
implementing the Program (Docket No. FRA-2022-0064). FRA received nine 
comments in response to the RFI. FRA considered the comments received 
in preparing this NOFO. Specifically, FRA incorporated feedback from 
commenters in providing examples of eligible activities. In addition, 
the RFI solicited input from stakeholders about technical support or 
other types of assistance FRA may be able to offer to States interested 
in establishing IRCs. FRA is continuing to review this feedback as it 
considers how to provide technical support for such endeavors.
    While the discretionary grant awards funded through the Program 
will not directly fund rail capital projects, the activities supported 
by the Program will help prepare entities implementing Interstate Rail 
Compacts to develop rail capital projects that advance safety, economic 
strength and global competitiveness, equity, climate and 
sustainability, and transformation, consistent with the U.S. Department 
of Transportation's (DOT) strategic goals.\1\
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    \1\ DOT Strategic Goals are identified in the DOT Strategic Plan 
FY 2022-2026 (March 2022) at https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf.
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    Section E of this NOFO, which outlines the grant selection 
criteria, describes the process for selecting grant projects that 
further these goals. Section F.3 describes progress and performance 
reporting requirements for selected grant projects. This NOFO uses the 
term project to describe the set of activities proposed for funding in 
the application.

2. Definitions of Key Terms

    Terms defined in this section are capitalized throughout this NOFO.
    a. ``Intercity Rail Passenger Transportation'' means rail passenger 
transportation, except commuter rail passenger transportation. See 49 
U.S.C. 22901(3). In this notice, ``Intercity Passenger Rail Service'' 
and ``Intercity Passenger Rail Transportation'' are equivalent terms to 
``Intercity Rail Passenger Transportation.''
    b. ``Interstate Rail Compact'' for the purposes of this program, 
means legislatively enacted agreement or compact that establishes a 
formal, legally binding relationship between two or more States to 
prepare for and provide Intercity Passenger Rail Service.

[[Page 29965]]

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is 
$5,815,800. Should additional funds become available after the release 
of this NOFO, FRA may elect to award such additional funds to 
applications received under this NOFO.

2. Award Size

    The maximum award for each railroad Interstate Rail Compact grant 
will be capped at $1,000,000 per year, and subsequent funding 
opportunities will be made available in future years. FRA anticipates 
making multiple awards with the available funding but may not award 
grants under this program for more than 10 Interstate Rail Compacts in 
any fiscal year. FRA may not be able to award grants to all eligible 
applications even if they meet or exceed the stated evaluation criteria 
(see Section E, Application Review Information). Projects may require 
more funding than is available.

3. Award Type

    FRA will make awards for projects selected under this notice 
through grant agreements and/or cooperative agreements. Grant 
agreements are used when FRA does not expect to have substantial 
Federal involvement in carrying out the funded activity. Cooperative 
agreements allow for substantial Federal involvement in carrying out 
the agreed upon investment, including technical assistance, review of 
interim work products, and increased program oversight. The funding 
provided under this NOFO will be made available to grant recipients on 
a reimbursable basis. Applicants must certify that their expenditures 
are allowable, allocable, reasonable, and necessary to the approved 
project before seeking reimbursement from FRA. Additionally, the grant 
recipient is expected to expend matching funds at the required 
percentage concurrent with Federal funds throughout the life of the 
project. See an example of standard terms and conditions for FRA grant 
awards at: https://www.fra.dot.gov/eLib/Details/L19057. This template 
is subject to revision.

4. Concurrent Applications

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

C. Eligibility Information

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

1. Eligible Applicants

    Entities implementing Interstate Rail Compacts pursuant to section 
410 of the Amtrak Reform and Accountability Reform Act of 1997 (49 
U.S.C. 24101 note) are eligible applicants under this notice. Under 
section 410, Congress granted advance consent to States to enter into 
Interstate Rail Compacts in order to promote intercity passenger rail 
service. Entities implementing Interstate Rail Compacts means an 
existing entity, such as a commission, that has been established by 
member states to implement the Interstate Rail Compact.
    Applications must identify an eligible applicant as the lead 
applicant. The lead applicant serves as the primary point of contact 
for the application, and if selected, as the grant recipient. Eligible 
applicants may reference entities that are not eligible applicants in 
an application as a project partner.

2. Cost Sharing or Matching

    The Federal share of total costs for Interstate Rail Compacts 
projects funded under this notice will not exceed 50 percent, though 
FRA will provide selection preference to applications where the 
proposed Federal share of eligible expenses under the grant is less 
than 50 percent. The estimated expenses must be based on the best 
available information and supported within the application.
    The minimum 50 percent non-Federal match for Interstate Rail 
Compacts-funded projects may be composed of public sector (e.g., state 
or local) and/or private sector funding. FRA will not consider any 
Federal financial assistance \2\ nor any non-Federal funds already 
expended (or otherwise encumbered) toward the matching requirement, 
unless compliant with 2 CFR part 200. In-kind contributions, including 
the donation of services, materials, and equipment, may be credited as 
a project cost, in a uniform manner consistent with 2 CFR 200.306.
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    \2\ See Section D(2)(a)(iii) for supporting information required 
to demonstrate eligibility of Federal funds for use as match.
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    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See Section D(2)(a)(iii) 
for required application information on non-Federal match and Section E 
for further discussion of FRA's consideration of matching funds in the 
review and selection process. FRA will approve pre-award costs 
consistent with 2 CFR 200.458, as applicable. See Section D(6).
    Cost sharing or matching may be used only for authorized Federal 
award purposes.

3. Other

Project Eligibility
    Eligible expenses must be related to intercity passenger rail 
service to be operated by Amtrak. IRC projects consisting of the 
following activities are eligible for funding under 49 U.S.C. 22910 and 
this NOFO.
    a. Costs of Administration, which include staffing costs for 
administrative, professional, or technical staff, or contractors 
serving administrative functions or providing technical oversight. 
Costs of administration also include the cost of activities or work 
products that facilitate Interstate Rail Compacts carrying out their 
duties effectively and timely, such as information technology, 
accounting, human resources, and procurement.
    b. Systems Planning, consistent with FRA's Guidance on Development 
and Implementation of Railroad Capital Projects (January 11, 2023), is 
a high-level planning process that considers creating new 
transportation services as well as enhancing existing transportation 
systems. This planning process promotes a safe, efficient, and 
comprehensive rail system within the multi-modal national 
transportation system. Systems planning examines broad needs, 
challenges, and opportunities that can be addressed with a 
transportation-related solution, including capital projects. 
Comprehensive systems planning for a regional passenger rail network 
considers links with other transportation modes for seamless, 
integrated transportation to carry

[[Page 29966]]

travelers from origin to destination within and between megaregions.
    c. Promotion of intercity passenger rail operation, including 
marketing and advertising intercity passenger rail services. 
Promotional activities include website development, social media 
management, print materials, direct advertising, collecting customer 
feedback, and stakeholder outreach.
    d. Preparation of applications for competitive federal grant 
programs, including technical staff or contractor support to prepare 
applications and documentation associated with preparing an application 
for financial assistance, such as preparing operating plans, funding 
plans, benefit-cost analysis, and any other documentation that is 
required to be provided as part of an application for a federal grant.
    e. Operations Coordination, including coordinating interstate 
passenger rail services among states and with shared freight 
operations. Examples include, syncing schedules to facilitate better 
connections between overlapping services, identifying opportunities for 
creating operational efficiencies through optimizing the use of shared 
Amtrak resources, coordinating corridor utilization by other 
stakeholders such as freight rail, right of way coordination, shared 
maintenance, and joint procurement of services or equipment.

D. Application and Submission Information

    Required documents for the application are outlined in the 
following paragraphs. Applicants must complete and submit all 
components of the application. See Section D(2) for the application 
checklist. FRA welcomes the submission of additional relevant 
supporting documentation, such as planning, engineering and design 
documentation, and letters of support from partnering organizations, 
all of which will not count against the Project Narrative 15-page 
limit.

1. Address To Request Application Package

    Applicants may access the application through www.grants.gov. 
Applicants must submit all application materials in their entirety 
through www.Grants.gov no later than 5 p.m. ET, on July 10, 2023. 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 funding.
    Project budgets should show how different funding sources will 
share in each activity and present those data in dollars and 
percentages. The budget should identify other Federal funds the 
applicant is applying for or has been awarded, if any, that the 
applicant intends to use. Funding sources should be grouped into three 
categories: non-Federal, funding requested through the IRC program, and 
other Federal with specific amounts from each funding source. 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. Required documents 
for an application package are outlined in the checklist below.

i. Project Narrative (see D.2.a)
ii. Statement of Work (see D.2.b.i)
iii. SF424--Application for Federal Assistance
iv. Either: SF 424A--Budget Information for Non-Construction
v. Either: SF 424B--Assurances for Non-Construction projects
vi. FRA's Additional Assurances and Certifications
vii. SF LLL--Disclosure of Lobbying Activities
a. Project Narrative
    This section describes the minimum content required in the Project 
Narrative of the grant application. The Project Narrative must follow 
the basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

------------------------------------------------------------------------
 
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I. Cover Page.............................  See D.2.a.i.
II. Project Summary.......................  See D.2.a.ii.
III. Project Funding......................  See D.2.a.iii.
IV. Applicant Eligibility.................  See D.2.a.iv.
V. Project Eligibility....................  See D.2.a.v.
VI. Detailed Project Description..........  See D.2.a.vi.
VII. Project Location.....................  See D.2.a.vii.
VIII. Evaluation and Selection Criteria     See D.2.a.viii.
 and DOT Strategic Goals.
IX. Project Implementation and Management.  See D.2.a.ix.
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    The above content must be provided in a narrative statement 
submitted by the applicant. The Project Narrative may not exceed 15 
pages in length (excluding cover pages, table of contents, and 
supporting documentation). FRA will not review or consider Project 
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 page number(s) of the relevant portion in the Project 
Narrative supporting documentation. The Project Narrative must adhere 
to the following outline.
    i. Cover Page: Include a cover page that lists the following 
elements in a table:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project Title
Applicant
Amount of Federal Funding Requested in this  $.
 Application.
Proposed Non-Federal Match.................  $.
Was a Federal grant application previously   Yes/No.
 submitted for this project?
If yes, state the name of the Federal grant  Federal Grant Program:
 program and title of the activities in the  Activity Title:
 previous application.

[[Page 29967]]

 
City(ies), State(s) where the activities
 are located.
Has the applicant engaged in any prior       Yes/No.
 corridor or service planning activities     (If yes, please specify).
 such as: Service Development Plans, State
 rail plans, etc.?
------------------------------------------------------------------------

    ii. Project Summary: Provide a brief 4-6 sentence summary of the 
project proposed under the IRC grant and what that project will entail. 
Include challenges the proposed project aims to address and summarize 
the intended outcomes and anticipated benefits that will result from 
the proposed project.
    iii. Project Funding: Indicate in table format the amount of 
Federal funding requested, the proposed non-Federal match, identifying 
contributions from the private sector if applicable, and total project 
cost. Describe the non-Federal funding arrangement, including multiple 
sources of non-Federal funding if applicable. Include funding 
commitment letters outlining funding agreements, as attachments or in 
an appendix. If Federal funding is proposed as match, provide the 
applicant's determination of eligibility for such use and the legal 
basis for that determination. Identify any specific project components 
that the applicant proposes for partial project funding. Identify any 
previously incurred costs, as well as other sources of Federal funds 
committed to the project and any pending Federal requests. If the 
requested Federal funding under this NOFO or other programs must be 
obligated or spent by a certain date due to dependencies or 
relationships with other Federal or non-Federal funding sources, 
related projects, law, or other factors. Finally, if Federal funding 
for the project has previously been sought, and if applicable, explain 
how the new scope proposed to be funded under this NOFO relates to the 
previous scope. If applicable, provide the description and estimated 
value of any proposed in-kind contributions, and demonstrate how the 
in-kind contributions meet the requirements in 2 CFR 200.306.
    Example Project Funding Table:

----------------------------------------------------------------------------------------------------------------
                                          Task name/project                                Percentage of total
                Task #                        component                   Cost                     cost
----------------------------------------------------------------------------------------------------------------
1.
----------------------------------------------------------------------------------------------------------------
2.
----------------------------------------------------------------------------------------------------------------
Total Activity Cost.
----------------------------------------------------------------------------------------------------------------
Federal Funds Received from Previous Grant.
----------------------------------------------------------------------------------------------------------------
Federal Funding Under this NOFO Request.
----------------------------------------------------------------------------------------------------------------
Non-Federal Funding/Match.                                      Cash:
                                                                In-Kind:...............
----------------------------------------------------------------------------------------------------------------
Portion of Non-Federal Funding from the Private Sector.
----------------------------------------------------------------------------------------------------------------
Portion of Total Activity Costs Spent in a Rural Area.
----------------------------------------------------------------------------------------------------------------
Pending Federal Funding Requests.
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    iv. Applicant Eligibility: Explain how the applicant meets the 
applicant eligibility as outlined in Section C of this notice. The 
explanation must include citations to the applicable enabling 
legislation.
    v. Project Eligibility: Identify which project eligibility category 
or categories the project is eligible under in Section C(3) of this 
notice, and explain how the project meets the project eligibility 
criteria. Describe how the eligible expenses of the project are related 
to intercity passenger rail service to be operated by Amtrak and 
provide any supporting documentation.
    vi. Detailed Project Description: Include a detailed project 
description that expands upon the brief project summary. This detailed 
description should provide, at a minimum, background on the challenges 
the project aims to support; the expected users and beneficiaries of 
the project, including all railroad operators and states; the specific 
components and elements of the project; and any other information the 
applicant deems necessary to justify the proposed project. For all 
projects, applicants must provide information about proposed 
performance measures, as discussed in Section F(3)(c) and required in 2 
CFR 200.301.
    vii. Project Location: If applicable, include geospatial 
information, such as latitude and longitude, of the project's location 
that includes the Congressional districts in which the project will 
take place, if applicable.
    viii. Evaluation and Selection Criteria and DOT Strategic Goals: 
Include a thorough discussion of how the proposed project meets all the 
evaluation criteria and selection criteria and DOT Strategic Goals, as 
outlined in Section E of this notice. If an application does not 
sufficiently address the evaluation and selection criteria and DOT 
Strategic Goals, it is unlikely to be a competitive application.
    ix. Project Implementation and Management: Describe proposed 
project implementation and project management arrangements. Include 
descriptions of the expected arrangements for contracting, contract 
oversight and control, change-order management, risk management, and 
conformance to Federal requirements for progress reporting (see https://www.fra.dot.gov/Page/P0274). Describe past experience in managing and 
overseeing similar grant awards.
    b. Additional Application Elements
    Applicants must submit:
    i. A Statement of Work (SOW) addressing the scope, schedule, and 
budget for the proposed project if it were selected for award. The SOW 
must contain sufficient detail so FRA and the applicant can understand 
the expected outcomes of the proposed work to be performed and monitor 
progress toward completing project tasks and deliverables during a 
prospective grant's period of performance. Applicants must use FRA's 
standard SOW, schedule, and budget templates to be considered for

[[Page 29968]]

award. The templates are located at https://www.fra.dot.gov/Page/P0325.
    ii. SF 424--Application for Federal Assistance;
    iii. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction;
    iv. SF 424B--Assurances for Non-Construction or SF 424D--Assurances 
for Construction;
    v. FRA's Additional Assurances and Certifications; and
    vi. SF LLL--Disclosure of Lobbying Activities.
    vii. A statement that the lead applicant has a system for procuring 
property and services under a Federal award under this NOFO that 
supports the provisions in 2 CFR 200 Subpart D--Procurement Standards 
at 2 CFR 200.317-326 and 2 CFR 1201.317.
    viii. A statement indicating whether the applicant or any of its 
principals:
    (A) is presently suspended, debarred, voluntarily excluded, or 
disqualified;
    (B) has been convicted within the preceding three years of any of 
the offenses listed in 2 CFR 180.800(a); or had a civil judgment 
rendered against the organization or the individual for one of those 
offenses within that time period;
    (C) is presently indicted for, or otherwise criminally or civilly 
charged by a governmental entity (Federal, state or local) with, 
commission of any of the offenses listed in 2 CFR 180.800(a); or,
    (D) has had one or more public transactions (Federal, state, or 
local) terminated within the preceding three years for cause or default 
(including material failure to comply).
    ix. FRA F 251, Applicant Financial Capability Questionnaire 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, and continue to maintain an active SAM 
registration all as described in detail below. Complete instructions on 
how to register and submit an application can be found at 
www.Grants.gov. Registering with Grants.gov is a one-time process; 
however, it can take up to several weeks for first-time registrants to 
receive confirmation and a user password. FRA recommends that 
applicants start the registration process as early as possible to 
prevent delays that may preclude submitting an application package by 
the application deadline. Applications will not be accepted after the 
due date. Delayed registration is not an acceptable justification for 
an application extension. FRA may not make a grant award to an 
applicant until the applicant has complied with all applicable 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 discontinued using DUNS 
numbers. The DUNS Number was replaced by a new, non-proprietary 
identifier that is provided by the System for Award Management 
(SAM.gov). This new identifier is called the Unique Entity Identifier 
(UEI), or the Entity ID. To find or request a Unique Entity Identifier, 
please visit www.sam.gov.
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.
e. Submit an Application Addressing All Requirements Outlined in This 
NOFO
    If an applicant experiences difficulties 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, July 10, 2023. In order to apply for funding 
under this announcement, all applicants are expected to be registered 
as an organization with Grants.gov. FRA reviews www.Grants.gov 
information on the dates and times of applications submitted to 
determine timeliness of submissions. Late applications will be neither 
reviewed nor considered. 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 
instructions in this NOFO; and (4) technical issues experienced with 
the applicant's

[[Page 29969]]

computer or information technology environment.

5. Intergovernmental Review

    If 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

    FRA is prohibited under 49 U.S.C. 22905(f) from providing 
Interstate Rail Compacts grants for commuter rail passenger 
transportation (as defined in 49 U.S.C. 24102(3)).
    Consistent with 2 CFR 200.458, as applicable, FRA will only approve 
pre-award costs if such costs are incurred pursuant to the negotiation 
and in anticipation of the grant agreement and if such costs are 
necessary for efficient and timely performance of the scope of work. 
Under 2 CFR 200.458, grant recipients must seek written approval from 
FRA for pre-award activities to be eligible for reimbursement under the 
grant. Activities initiated prior to the execution of a grant or 
without FRA's written approval may be ineligible for reimbursement or 
matching contribution. Cost sharing or matching may be used only for 
authorized Federal award purposes.

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 Mr. Marc Dixon, 
Office of Rail Program Development, Federal Railroad Administration, 
1200 New Jersey Avenue SE, Mail Stop 20, Washington, DC 20590. Due to 
delays caused by enhanced screening of mail delivered via the U.S. 
Postal Service, FRA advises applicants to use other means of conveyance 
(such as courier service) to assure timely receipt of materials before 
the application deadline. Additionally, if documents can be obtained 
online, providing instructions to FRA on how to access files on a 
referenced website may also be sufficient.
    Applicants should 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.
    If an applicant experiences difficulties 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.

E. Application Review Information

1. Criteria

a. Eligibility, Completeness and Applicant Risk Review
    FRA will first screen each application for applicant and project 
eligibility (eligibility requirements are outlined in Section C of this 
notice), completeness (application documentation and submission 
requirements are outlined in Section D of this notice), applicant risk 
and the minimum match.
    FRA will then consider applicant risk, including the applicant's 
past performance in developing and delivering other Federal grants and 
previous financial contributions, and if applicable, previous 
competitive grant technical evaluation ratings that the proposed 
project received under previous competitive grant programs administered 
by DOT.
b. Evaluation Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria outlined in this section to determine project 
benefits and technical merit.
i. Project Benefits
    FRA will evaluate the summary of benefits provided in response to 
Section D(2)(a)(ii) including--
    (A) Effects on system and service performance along an interstate 
passenger rail route;
    (B) Effects on the promotion of intercity passenger rail service;
    (C) Efficiencies from improved coordination of interstate passenger 
rail services with shared freight operations; and
    (D) Ability to incorporate community and stakeholder engagement in 
transportation planning.
ii. Technical Merit
    FRA will evaluate application information for the degree to which--
    (A) The tasks and subtasks outlined in the SOW are appropriate to 
achieve the expected outcomes of the proposed project.
    (B) Applications indicate ongoing commitment from each member state 
to achieving the proposed project.
    (C) The applicant has, or will have the legal, financial, and 
technical capacity to carry out the proposed project. The technical 
qualifications and experience of key personnel proposed to lead and 
perform the technical efforts, and the qualifications of the primary 
and supporting organizations to fully and successfully execute the 
proposed project within the proposed timeframe and budget are 
demonstrated.
    (D) The proposed project is consistent with planning guidance and 
documents set forth by DOT, including those required by law or State 
rail plans developed under Title 49, United State Code, chapter 227, as 
appropriate.
c. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined in this subsection, the FRA will apply the 
following selection criteria:
    i. The amount of funding received (including funding from a rail 
carrier (as defined in section 24102)) or other participation by State, 
local, and regional governments and the private sector;
    ii. The applicant's work to foster economic development through 
rail service, particularly in rural communities;
    iii. Whether the applicant seeks to restore service over routes 
formerly operated by Amtrak, including routes described in section 
11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title 
XI of division A of Pub. L. 114-94);
    iv. The applicant's dedication to providing intercity passenger 
rail service to regions and communities that are underserved or not 
served by other intercity public transportation;
    v. Whether the applicant is enhancing connectivity and geographic 
coverage of the existing national network of intercity passenger rail 
service;
    vi. Whether the applicant has prepared regional rail or corridor 
service development plans and corresponding environmental analysis; and
    vii. Whether the applicant has engaged with appropriate government 
entities and transportation providers to identify projects necessary to 
enhance multimodal connections or facilitate service integration 
between rail service and other modes, including between intercity 
passenger rail service and intercity bus service or commercial air 
service.
d. DOT Strategic Goals
    After the eligibility and completeness review and the evaluation 
and selection criteria outlined in this section, FRA

[[Page 29970]]

will then consider the extent to which the projects address the 
following DOT Strategic Goals:
i. Safety
    FRA will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with the Department's strategic goal to reduce transportation-related 
fatalities and serious injuries across the transportation system. Such 
sounds considerations will include, but are not limited to, the extent 
to which the project improves safety at highway-rail grade crossings, 
reduces incidences of rail-related trespassing, and upgrades 
infrastructure to achieve a higher level of safety.
ii. Economic Strength and Global Competitiveness
    FRA will assess the project's ability to contribute to economic 
progress stemming from infrastructure investment and associated job 
creation in the industry. Such considerations will include, but are not 
limited to, the extent to which the project results in high-quality job 
creation by supporting good-paying jobs with a free and fair choice to 
join a union, and in on-going operations and maintenance, and 
incorporates strong labor standards, such as through the use of project 
labor agreements or union neutrality agreements; includes comprehensive 
planning and policies to promote hiring of underrepresented populations 
including local and economic hiring preferences and investments in 
high-quality workforce development programs with supportive services, 
including labor-management programs, to help train, place, and retain 
people in good-paying jobs or registered apprenticeship, and invests in 
vital infrastructure assets.
iii. Equity
    FRA will assess the project's ability to address equity and 
barriers to opportunity, to the extent possible within the program and 
consistent with law. Such considerations will include, but are not 
limited to, the applicant's plan for using small businesses to complete 
its project, the extent to which the project improves or expands 
transportation options, the extent to which the project improve or 
expands access to jobs and services and mitigates the safety risks and 
detrimental quality of life effects that rail lines can have on 
communities. This will also include community engagement efforts 
already taken or planned, the extent to which engagement efforts are 
designed to reach impacted communities, whether engagement is 
accessible for persons with disabilities or limited English proficient 
persons within the impacted communities, and how community feedback is 
taken into account in decision-making.
    In determining the allocation of program funds, FRA may also 
consider geographic diversity and the applicant's receipt of other 
competitive awards.

2. Review and Selection Process

    FRA will conduct a four-part application review process, as 
follows:
    a. Screen applications for applicant and project eligibility, 
completeness, the minimum match and applicant risk including past 
performance in developing and delivering similar projects;
    b. Apply evaluation criteria to remaining applications (completed 
by technical panels);
    c. Apply selection criteria and DOT Strategic Goals and recommend 
initial selection of projects for the FRA Administrator's review 
(completed by a Senior Review Team, which includes senior leadership 
from the Office of the Secretary and FRA); and
    d. Select recommended awards for the Secretary's or his designee 
review and approval (completed by the FRA Administrator).

3. Reporting Matters Related to Integrity and Performance

    a. 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.
    b. 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.
    c. FRA will consider any comments by the applicant, in addition to 
the other information in the designated integrity and performance 
system, in making a judgment about the applicant's integrity, business 
ethics, and record of performance under Federal awards when completing 
the review of risk posed by applicants as described in 2 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notices

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

2. Administrative and National Policy Requirements

    Performance under this Program will be governed by and in 
compliance with the following requirements as applicable to the type of 
organization of the recipient and any applicable sub-recipients.
    It is the policy of DOT to reflect Administration priorities and 
incorporate criteria for selection considerations related to racial 
equity including environmental justice, Title VI and other federal 
Civil Rights laws, and barriers to opportunity, labor, and workforce in 
its grant programs, to the extent possible and consistent with law.
    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part 
1201.
    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States statutory, 
regulatory, and public policy requirements, including without 
limitation, those protecting free speech, religious liberty, public 
welfare, the environment, and prohibiting discrimination; the 
conditions of performance, non-discrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of the Department of Transportation; and

[[Page 29971]]

applicable Federal financial assistance and contracting principles 
promulgated by the Office of Management and Budget. In complying with 
these requirements, recipients 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 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

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports may be submitted electronically. 
Pursuant to 2 CFR 170.210, non-Federal entities applying under this 
NOFO must have the necessary processes and systems in place to comply 
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
    Applicants selected for funding are required to comply with all 
reporting requirements in the standard terms and conditions for FRA 
grant awards including 2 CFR 180.335 and 2 CFR 180.350.
    If the Federal share of any Federal award under this NOFO may 
include more than $500,000 over the period of performance, applicants 
are informed of the post award reporting requirements reflected in 2 
CFR part 200, appendix XII--Award Term and Condition for Recipient 
Integrity and Performance Matters.
c. Performance and Program Evaluation
    Program Evaluation As a condition of grant award, grant recipients 
may be required to participate in an evaluation undertaken by DOT, or 
another agency or partner. The evaluation may take different forms such 
as an implementation assessment across grant recipients, an impact and/
or outcomes analysis of all or selected sites within or across grant 
recipients, or a benefit/cost analysis or assessment of return on 
investment. The Department may require applicants to collect data 
elements to aid the evaluation. As a part of the evaluation, as a 
condition of award, grant recipients must agree to: (1) make records 
available to the evaluation contractor; (2) provide access to program 
records, and any other relevant documents to calculate costs and 
benefits; (3) in the case of an impact analysis, facilitate the access 
to relevant information as requested; and (4) follow evaluation 
procedures as specified by the evaluation contractor or DOT staff.
    Recipients and sub-recipients are also encouraged to incorporate 
program evaluation including associated data collection activities from 
the outset of their program design and implementation to meaningfully 
document and measure the effectiveness of their projects and 
strategies. Title I of the Foundations for Evidence-Based Policymaking 
Act of 2018 (Evidence Act), Public Law 115-435 (2019) urges Federal 
awarding agencies and Federal assistance recipients and sub-recipients 
to use program evaluation as a critical tool to learn, to improve 
equitable delivery, and to elevate program service and delivery across 
the program lifecycle. Evaluation means ``an assessment using 
systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency'' (codified at 5 U.S.C. 311). For grant recipients, 
evaluation expenses are allowable costs (either as direct or indirect), 
unless prohibited by statute or regulation, and such expenses may 
include the personnel and equipment needed for data infrastructure and 
expertise in data analysis, performance, and evaluation (2 CFR 200).
d. Performance Reporting
    Each applicant selected for funding must report on the project's 
performance using measures mutually agreed upon by FRA and the grant 
recipient to assess progress in achieving the DOT strategic goals and 
objectives.
    Examples of some rail performance measures for Program funding are 
listed in the table below. The applicable measure(s) will depend upon 
the type of project.

----------------------------------------------------------------------------------------------------------------
       Programmatic measures               Unit measured               Temporal               Description
----------------------------------------------------------------------------------------------------------------
Administrative Support Provided...  Additional staff capacity.  Annual...............  The hours of staff,
                                                                                        administrative
                                                                                        professional and/or
                                                                                        technical personnel, in
                                                                                        absence of the
                                                                                        programmatic funding,
                                                                                        that have been added to
                                                                                        support the activities
                                                                                        or work products that
                                                                                        facilitate Interstate
                                                                                        Rail Compacts carrying
                                                                                        out their duties
                                                                                        effectively and timely,
                                                                                        including information
                                                                                        technology, accounting,
                                                                                        human resources, and
                                                                                        procurement.
Creation of new or updates to       Number of reports.........  Annual...............  The development of a high-
 existing regional rail planning                                                        level planning study
 studies.                                                                               that considers new
                                                                                        transportation services
                                                                                        or enhancing existing
                                                                                        transportation systems
                                                                                        by examining broad
                                                                                        needs, challenges, and
                                                                                        opportunities, including
                                                                                        studying the impacts of
                                                                                        freight rail operations
                                                                                        on system performance
                                                                                        and ridership.
Promotion of Intercity Passenger    Number of marketing and     Annual...............  Promotional activities
 Rail Operations.                    advertising campaigns or                           include website
                                     outreach efforts.                                  development, social
                                                                                        media management, print
                                                                                        materials, direct
                                                                                        advertising, collecting
                                                                                        customer feedback, and
                                                                                        stakeholder outreach.

[[Page 29972]]

 
Preparation of applications for     Number of grant programs    Annual...............  The development and
 Federal grant program.              applied to or time/                                support needed,
                                     resources spent on                                 including, technical
                                     applying.                                          staff or contractor
                                                                                        support to prepare
                                                                                        applications and
                                                                                        documentation associated
                                                                                        with preparing an
                                                                                        application for
                                                                                        financial assistance.
                                                                                        These activities include
                                                                                        preparing operating
                                                                                        plans, funding plans,
                                                                                        benefit-cost analysis,
                                                                                        and any other
                                                                                        documentation that is
                                                                                        required to be provided
                                                                                        as part of an
                                                                                        application for a
                                                                                        federal grant.
----------------------------------------------------------------------------------------------------------------

G. Federal Awarding Agency Contacts

    For further information regarding this notice and the grants 
program, please contact the FRA NOFO Support program staff via email at 
[email protected]. If additional assistance is needed, you may 
contact Mr. Marc Dixon, Office of Rail Program Development, Federal 
Railroad Administration; email: [email protected] phone: 202-493-0614.

H. Other Information

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

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023-09863 Filed 5-8-23; 8:45 am]
BILLING CODE 4910-06-P


