Notice of Funding Opportunity for the Federal-State Partnership for State of Good Repair Program, 70582-70595 [2021-26835]
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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices
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service day inspection must be
completed for one year until June 1,
2023. GGRM states that the annual
inspection of #2472 was completed, but
the extension would allow GGRM to
recover from schedule delays and
revenue losses caused by the COVID–19
pandemic.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at www.regulations.gov.
Follow the online instructions for
submitting comments.
Communications received by January
24, 2022 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable. Anyone can
search the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), the U.S. Department of
Transportation (DOT) solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2021–26721 Filed 12–9–21; 8:45 am]
BILLING CODE 4910–06–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2021–0082]
Notice of Availability of a Final General
Conformity Determination for the
California High-Speed Rail System,
Burbank to Los Angeles Section
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice.
AGENCY:
FRA is issuing this notice to
advise the public that it is issuing a
Final General Conformity Determination
(FCD) for the Burbank to Los Angeles
Section of the California High-Speed
Rail (HSR) System.
FOR FURTHER INFORMATION CONTACT:
Andre´a Martin, Senior Environmental
Protection Specialist, Office of Railroad
Policy and Development (RPD),
telephone: (202) 493–6201, email:
Andrea.Martin@dot.gov; or Marlys
Osterhues, Chief, Environment and
Project Engineering, RPD, telephone:
(202) 493–0413, email:
Marlys.Osterhues@dot.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to 23 U.S.C. 327 (Section 327), the
California High-Speed Rail Authority
(CHSRA or Authority) has assumed
FRA’s environmental review
responsibilities under the National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). However, under
Section 327, FRA remains responsible
for compliance with the Clean Air Act
General Conformity requirements. In
compliance with NEPA and the
California Environmental Quality Act
(CEQA), the Authority published a Final
Environmental Impact Record/Final
Environmental Impact Statement (EIR/
EIS) for the Burbank to Los Angeles
Section of the California High-Speed
Rail (HSR) System on November 5,
2021. The Final EIR/EIS is available at
https://hsr.ca.gov/programs/
environmental-planning/project-sectionenvironmental-documents-tier-2/
burbank-to-los-angeles-project-sectiondraft-environmental-impact-reportenvironmental-impact-statement/.
FRA prepared a Draft General
Conformity Determination, pursuant to
40 CFR part 93, subpart B, which
establishes the process for complying
with the General Conformity
requirements of the Clean Air Act. FRA
published a notice in the Federal
Register on September 20, 2021
advising the public of the availability of
the Draft Conformity Determination for
a 30-day review and comment period.
SUMMARY:
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The Draft Conformity Determination
was published at https://
www.regulations.gov, Docket No. FRA–
2021–0082. The comment period of the
Draft Conformity Determination closed
on October 20, 2021. FRA received one
comment expressing support for the
project and Draft General Conformity
Determination.
FRA prepared the Final General
Conformity Determination pursuant to
40 CFR part 93, subpart B, and based on
the Authority’s coordination with the
U.S. Environmental Protection Agency
(EPA), the California Air Resources
Board (CARB), and the South Coast Air
Quality Management District
(SCAQMD). The analysis found that
construction period emissions would
exceed the General Conformity de
minimis threshold for Nitrogen Oxides
(NOX). However, operation of the
Project would result in an overall
reduction of regional emissions of all
applicable air pollutants and would not
cause a localized exceedance of an air
quality standard. Consistent with the
General Conformity Rule, the Authority
will ensure all remaining emissions that
exceed the de minimis thresholds, after
implementation of the impact avoidance
and minimization features and onsite
mitigation measures, will be offset
through an agreement with SCAQMD.
The Authority and SCAQMD will enter
into an agreement after receipt of
construction funding but prior to the
start of construction. Based on this
commitment, FRA determined the
Project will conform to the requirements
in the approved State Implementation
Plan.
The Final General Conformity
Determination is available at https://
www.regulations.gov, Docket No. FRA–
2021–0082, and FRA’s website at
https://railroads.dot.gov/environment/
environmental-reviews/clean-air-actcalifornia-general-conformitydeterminations.
Issued in Washington, DC,
Jamie P. Rennert,
Director, Office of Infrastructure Investment.
[FR Doc. 2021–26709 Filed 12–9–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the
Federal-State Partnership for State of
Good Repair Program
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
AGENCY:
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Notice of Funding Opportunity
(NOFO or notice).
ACTION:
This notice details the
application requirements and
procedures to obtain grant funding for
eligible projects under the Federal-State
Partnership for State of Good Repair
Program (Partnership Program). This
notice solicits applications for
Partnership Program funds made
available by the Consolidated
Appropriations Act, 2021. The
opportunity described in this notice is
made available under Assistance
Listings Number 20.326, ‘‘Federal-State
Partnership for State of Good Repair.’’
DATES: Applications for funding under
this solicitation are due no later than
5:00 p.m. ET, March 7, 2022. Late or
incomplete applications will not be
considered for funding. See Section D of
this notice for additional information on
the application process.
ADDRESSES: Applications must be
submitted via www.Grants.gov. Only
applicants who comply with all
submission requirements described in
this notice and submit applications
through www.Grants.gov will be eligible
for award. For any supporting
application materials that an applicant
is unable to submit via www.Grants.gov
(such as oversized engineering
drawings), an applicant may submit an
original and two (2) copies to Mr. Bryan
Rodda, Office of Policy and Planning,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Room W38–203,
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 information related to this
notice, please contact Mr. Bryan Rodda,
Office of Policy and Planning, Federal
Railroad Administration, 1200 New
Jersey Avenue SE, Room W38–203,
Washington, DC 20590; email:
Bryan.Rodda@dot.gov; phone: 202–493–
0443.
SUPPLEMENTARY INFORMATION: This
notice wholly supersedes and cancels
FRA’s prior notice for this program,
published in the Federal Register on
December 7, 2021 (86 FR 69352), which
was incomplete. Applicants should refer
only to this notice for application
requirements and procedures.
Notice to applicants: FRA
recommends that applicants read this
notice in its entirety prior to preparing
application materials. Definitions of key
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SUMMARY:
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terms used throughout the NOFO are
provided in Section A(2) below. These
key terms are capitalized throughout the
NOFO. There are several administrative
and specific eligibility requirements
described herein with which applicants
must comply. Additionally, applicants
should note that the required Project
Narrative component of the application
package may not exceed 25 pages in
length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
1. Overview
Our nation’s rail network is a critical
component of the U.S. transportation
system and economy. Prior to the
coronavirus disease 2019 (COVID–19)
pandemic, rail carried over 32.5 million
passengers on Amtrak services and
approximately 1.6 billion tons of freight
valued at over $600 billion each year.
The Partnership Program provides a
Federal funding opportunity to improve
American passenger rail infrastructure
to enhance rail safety, reduce the
backlog of deferred maintenance for
Amtrak or publicly owned or controlled
railroad assets, create new opportunities
for underserved communities, and
invest in projects that support and spur
economic growth.
The purpose of the Partnership
Program is to fund projects within the
United States to repair, replace, or
rehabilitate Qualified Railroad Assets to
reduce the state of good repair backlog
and improve Intercity Passenger Rail
performance. Section E of this NOFO
provides additional information on
these program priorities.
The Partnership Program is
authorized in Sections 11103 and 11302
of the Passenger Rail Reform and
Investment Act of 2015 (Title XI of the
Fixing America’s Surface Transportation
(FAST) Act, Pub. L. 114–94 (2015));
codified at 49 U.S.C. 24911, and this
NOFO is funded by the Consolidated
Appropriations Act, 2021 (Pub. L. 116–
260) (Appropriations Act).1 The
opportunity described in this notice is
made available under Assistance
1 Funds made available under this NOFO are
subject to 49 U.S.C. 24911 as it existed on the day
of the enactment of the Appropriations Act.
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Listings Number 20.326, ‘‘Federal-State
Partnership for State of Good Repair.’’
Consistent with Biden-Harris
Administration priorities, the
Department seeks to fund projects under
the Partnership Program that address
climate change impacts and
environmental justice. Projects should
include components that reduce
emissions, promote energy efficiency,
increase resilience, and recycle or
redevelop existing infrastructure. This
objective is consistent with Executive
Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR
7619). As part of the Department’s
implementation of that Executive Order,
the Department encourages the
submission of applications that would
direct resources and benefits towards
low-income communities, overburdened
communities, or communities
underserved by affordable
transportation.
The Department also seeks to use the
Partnership Program to encourage racial
equity by investing in projects that
proactively address racial equity and
barriers to opportunity. Projects should
include components that improve or
expand transportation options and
mitigate the safety risks and detrimental
quality of life effects that rail lines can
have on communities, particularly lowincome areas, and communities of color.
This objective supports the
Department’s strategic goal related to
infrastructure, with the potential for
significantly enhancing environmental
stewardship and community
partnerships, and reflects Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government (86 FR 7009). Section E
describes the climate change,
environmental justice, and racial equity
considerations further.
The Partnership Program is intended
to benefit both railroad assets in the
Northeast Corridor (‘‘NEC’’) and public
or Amtrak-owned or controlled
infrastructure, equipment, and facilities
located in other areas of the country.
Applicants should note that the
Partnership Program has distinct
eligibility requirements based on project
location. In addition to the generally
applicable requirements, applicants
proposing NEC Projects should
specifically review the NEC-specific
requirements provided in Section
C(3)(b), and the Qualified Railroad Asset
information provided in Section
D(2)(a)(vi) while applicants proposing
Non-NEC Projects should review the
Qualified Railroad Asset information
provided in Section D(2)(a)(v).
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2. Changes From FY 2020 Partnership
Program NOFO
This notice updates the FY 2020
Partnership Program NOFO to reflect
the Biden-Harris Administration’s
priorities for creating good-paying jobs,
improving safety, applying
transformative technology, and
explicitly addressing climate change
and racial equity as discussed in Section
E(1)(c)(ii).
This notice expands the definition of
Capital Project, making expenses
incidental to the acquisition or
construction (including designing,
engineering, location surveying,
mapping, environmental studies, and
acquiring rights-of-way) of a Capital
Project eligible for funding
independently or in conjunction with
proposed funding for construction or
acquisition, as directed by the
Appropriations Act.
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3. Definitions of Key Terms
Terms defined in this section are
capitalized throughout this notice.
a. ‘‘Benefit-Cost Analysis’’ (or ‘‘CostBenefit Analysis’’) is a systematic, datadriven, and transparent analysis
comparing monetized project benefits
and costs, using a no-build baseline and
properly discounted present values,
including concise documentation of the
assumptions and methodology used to
produce the analysis, a description of
the baseline, data sources used to
project outcomes, values of key input
parameters, basis of modeling
(including spreadsheets, technical
memos, etc.), and presentation of the
calculations in sufficient detail and
transparency to allow the analysis to be
reproduced and sensitivity of results
evaluated by FRA. Please refer to the
Benefit-Cost Analysis (BCA) Guidance
for Discretionary Grant Programs prior
to preparing a BCA at https://
www.transportation.gov/office-policy/
transportation-policy/benefit-costanalysis-guidance. In addition, please
also refer to the BCA FAQs on FRA’s
website for rail-specific examples of
how to apply the BCA Guidance for
Discretionary Grant Programs to
Partnership Program applications.
b. ‘‘Capital Project’’ means a project
primarily intended to replace,
rehabilitate, or repair major
infrastructure assets utilized for
providing Intercity Passenger Rail
service, including tunnels, bridges,
stations, and other assets, as determined
by the Secretary of Transportation; a
project primarily intended to improve
Intercity Passenger Rail performance,
including reduced trip times, increased
train frequencies, and higher operating
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speeds, and other improvements, as
determined by the Secretary; and a
project for expenses incidental to the
acquisition or construction (including
designing, engineering, location
surveying, mapping, environmental
studies, and acquiring rights-of-way) of
a project, consistent with 49 U.S.C.
24911(a)(2) and the Appropriations Act.
c. ‘‘Construction’’ means the
production of fixed works and
structures or substantial alterations to
such structures or land and associated
costs.
d. ‘‘Commuter Rail Passenger
Transportation’’ means short-haul rail
passenger transportation in
metropolitan and suburban areas
usually having reduced fare, multiple
ride, and commuter tickets and morning
and evening peak period operations,
consistent with 49 U.S.C. 24102(3).
e. ‘‘Final Design (FD)’’ means design
activities following Preliminary
Engineering, and at a minimum,
includes the preparation of final
Construction plans, detailed
specifications, and estimates sufficiently
detailed to inform project stakeholders
(designers, reviewers, contractors,
suppliers, etc.) of the actions required to
advance the project from design through
completion of Construction.
f. ‘‘Intercity Rail Passenger
Transportation’’ means rail passenger
transportation, except Commuter Rail
Passenger Transportation, consistent
with 49 U.S.C. 24911(a)(3). In this
notice, ‘‘Intercity Passenger Rail’’ is an
equivalent term to ‘‘Intercity Rail
Passenger Transportation.’’
g. ‘‘Major Capital Project’’ means a
Capital Project with an estimated total
project cost of $300 million or more.
h. ‘‘National Environmental Policy
Act (NEPA)’’ is a Federal law that
requires Federal agencies to analyze and
document the environmental impacts of
a proposed action in consultation with
appropriate Federal, state, and local
authorities, and with the public. NEPA
classes of action include an
Environmental Impact Statement (EIS),
Environmental Analysis (EA) or
Categorical Exclusion (CE). The NEPA
class of action depends on the nature of
the proposed action, its complexity, and
the potential impacts. For purposes of
this NOFO, NEPA also includes all
related Federal laws and regulations
including the Clean Air Act, Section 4(f)
of the Department of Transportation
Act, Section 7 of the Endangered
Species Act, and Section 106 of the
National Historic Preservation Act.
Additional information regarding FRA’s
environmental processes and
requirements are located at https://
www.fra.dot.gov/environment.
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i. ‘‘NEC Project’’ means a Capital
Project where the Qualified Railroad
Assets involved in the project are part
of, or in primary use for, the Northeast
Corridor (‘‘NEC’’).
j. ‘‘Non-NEC Project’’ means a Capital
Project where the Qualified Railroad
Assets involved in the project are not
part of, or are not in primary use for, the
Northeast Corridor (‘‘NEC’’).
k. ‘‘Northeast Corridor’’ (‘‘NEC’’)
means the main rail line between
Boston, Massachusetts, and the District
of Columbia; the branch rail lines
connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and
Spuyten Duyvil, New York; and
facilities and services used to operate
and maintain these lines, consistent
with 49 U.S.C. 24911(a)(4).
l. ‘‘Preliminary Engineering (PE)’’
means engineering design to: (1) Define
a project, including identification of all
environmental impacts, design of all
critical project elements at a level
sufficient to assure reliable cost
estimates and schedules, (2) complete
project management and financial plans,
and (3) identify procurement
requirements and strategies. The PE
development process starts with specific
project design alternatives that allow for
the assessment of a range of rail
improvements, specific alignments, and
project designs. PE generally occurs
concurrently with NEPA and related
analyses, and prior to FD and
Construction.
m. A ‘‘Qualified Railroad Asset,’’
consistent with 49 U.S.C. 24911(a)(5),
means infrastructure, equipment, or a
facility that:
i. Is owned or controlled by an
eligible applicant;
ii. is contained in the planning
document developed under 49 U.S.C.
24904 and for which a cost-allocation
policy has been developed under 49
U.S.C. 24905(c), or is contained in an
equivalent planning document and for
which a similar cost-allocation policy
has been developed; and
iii. was not in a State of Good Repair
on the date of enactment of the
Passenger Rail Reform and Investment
Act of 2015 (December 4, 2015).
See Section D(2)(a), Project Narrative,
for further details about the Qualified
Railroad Asset requirements and
application submission instructions
related to Qualified Railroad Assets.2
n. ‘‘State of Good Repair’’ means a
condition in which physical assets, both
2 For any project that includes purchasing
intercity passenger rail equipment, applicants are
encouraged to use a standardized approach to the
procurement, such as the specifications developed
by the Next Generation Corridor Equipment Pool
Committee or a similarly uniform process.
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individually and as a system, are (A)
performing at a level at least equal to
that called for in their as-built or asmodified design specification during
any period when the life cycle cost of
maintaining the assets is lower than the
cost of replacing them; and (B)
sustained through regular maintenance
and replacement programs, consistent
with 49 U.S.C. 24102(12).
B. Federal Award Information
1. Available Award Amount
The total funding available for awards
under this NOFO is $198,000,000 made
available by the Appropriations Act.
Should additional Partnership Program
funds become available after the release
of this NOFO, FRA may elect to award
such additional funds to applications
received under this NOFO. Any
selection and award under this NOFO is
subject to the availability of
appropriated funds.
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2. Award Size
There are no predetermined minimum
or maximum dollar thresholds for
awards. FRA anticipates making
multiple awards with the available
funding. Given the limited amount of
funding currently available, FRA may
not be able to award grants to all eligible
applications even if they meet or exceed
the stated evaluation criteria (see
Section E, Application Review
Information). Projects may require more
funding than is available. FRA
encourages applicants to propose a
project that has operational
independence or a component of such
project and that can be completed and
implemented with funding under this
NOFO as a part of the total project cost
together with other, non-Federal
sources. (See Section C(3)(c) for more
information.)
Applicants proposing a Major Capital
Project may identify and describe
project phases or elements that could be
candidates for subsequent Partnership
Program funding, if such funding
becomes available. Applications for a
Major Capital Project that would seek
future funds beyond funding made
available in this notice should indicate
anticipated annual Federal funding
requests from this program for the
expected duration of the project. FRA
may issue Letters of Intent to
Partnership Program grant recipients
proposing Major Capital Projects under
49 U.S.C. 24911(g); such Letters of
Intent would serve to announce FRA’s
intention to obligate an amount from
future available budget authority toward
a grant recipient’s future project phases
or elements. A Letter of Intent is not an
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obligation of the Federal government
and is subject to the availability of
appropriations for Partnership Program
grants and subject to Federal laws in
force or enacted after the date of the
Letter of Intent.
operational independence. Applications
that do not meet the requirements in
this section will be ineligible for
funding. Instructions for submitting
eligibility information to FRA are
detailed in Section D of this NOFO.
4. 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 term ‘‘grant’’ is used
throughout this document and is
intended to reference funding awarded
through a grant agreement, as well as
funding awarded through a cooperative
agreement. The funding provided under
this NOFO will be made available to
grantees on a reimbursable basis.
Applicants must certify that their
expenditures are allowable, allocable,
reasonable, and necessary to the
approved project before seeking
reimbursement from FRA. Additionally,
the grantee is expected to expend
matching funds at the required
percentage concurrent with Federal
funds throughout the life of the project.
See an example of standard terms and
conditions for FRA grant awards at:
https://www.fra.dot.gov/eLib/Details/
L19057. This template is subject to
revision.
1. Eligible Applicants
5. Concurrent Applications
DOT and FRA may be concurrently
soliciting applications for transportation
infrastructure projects for several
financial assistance programs.
Applicants may submit applications
requesting funding for a particular
project to one or more of these
programs. In the application for funding
under this NOFO, applicants must
indicate the other program(s) to which
they submitted or plan to submit an
application for funding the entire
project or certain 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).
C. Eligibility Information
This section of the notice explains
applicant eligibility, cost sharing and
matching requirements, project
eligibility, and project component
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The following entities are eligible
applicants for all projects permitted
under this notice:
(1) A State (including the District of
Columbia);
(2) a group of States;
(3) an Interstate Compact;
(4) a public agency or publicly
chartered authority established by one
or more States; 3
(5) a political subdivision of a State;
(6) Amtrak, acting on its own behalf
or under a cooperative agreement with
one or more states; or
(7) any combination of the entities
described in (1) through (6).
Applications must identify a lead
applicant. The lead applicant serves as
the primary point of contact for the
application, and if selected, as the
grantee of the Partnership Program grant
award. To submit a joint application,
the lead applicant must identify the
joint applicant(s) and include a signed
statement from an authorized
representative of each joint applicant
entity that affirms the entity joins the
application. See Section D(2) for further
instructions about submitting a joint
application.
An application submitted by Amtrak
and one or more States, whether eligible
under (1), (2) or (6) above, must identify
the lead applicant and include a signed
cooperative agreement between Amtrak
and the state(s) consistent with 49
U.S.C. 24911(a)(1)(F). Selection
preference will be provided for joint
applications, as further discussed in
Section E(1)(c). Applications may
reference entities that are not eligible
applicants (e.g., private sector firms) in
an application as a partner in project
funding or implementation, but
ineligible entities do not qualify as lead
or joint applicants. FRA will provide
selection preference only to joint
applications submitted by multiple
eligible applicants.
2. Cost Sharing or Matching
The Federal share of total costs for
Partnership Program projects funded
under this notice shall not exceed 80
percent. FRA will provide selection
preference to applications where the
proposed Federal share of total project
3 See Section D(2)(a)(iv) for supporting
documentation required to demonstrate eligibility
under this eligibility category.
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costs is 50 percent or less. The
estimated total cost of a project must be
based on the best available information,
including engineering studies, studies of
economic feasibility, environmental
analyses, and information on the
expected use of equipment and/or
facilities. Additionally, in preparing
estimates of total project costs,
applicants may use FRA’s cost estimate
guidance documentation, ‘‘Capital Cost
Estimating: Guidance for Project
Sponsors,’’ which is available at:
https://www.fra.dot.gov/Page/P0926.
The minimum 20 percent non-Federal
share may be comprised of public sector
(e.g., State or local) or private sector
funding. FRA will not consider any
Federal financial assistance 4 or any
non-Federal funds already expended (or
otherwise encumbered) toward the
matching requirement, unless compliant
with 2 CFR part 200. In-kind
contributions, including the donation of
services, materials, and equipment, may
be credited as a project cost, in a
uniform manner consistent with 2 CFR
200.306.
If Amtrak is an applicant, Amtrak may
use its ticket and other non-Federal
revenues generated from its operations
and other sources to satisfy the nonFederal share requirements. Applicants
must identify the source(s) of their
matching and other funds and must
clearly and distinctly reflect these funds
as part of the total project cost.
Before applying, applicants should
carefully review the principles for cost
sharing or matching in 2 CFR 200.306.
See Section D(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 preaward 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
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a. Project Eligibility
The following rail projects within the
United States to replace or rehabilitate
Qualified Railroad Assets and improve
Intercity Passenger Rail performance are
eligible for funding under 49 U.S.C.
24911, the Appropriations Act, and this
NOFO:
(1) Capital Projects to replace existing
assets in-kind;
4 See Section D(2)(a)(iii) for supporting
information required to demonstrate eligibility of
Federal funds for use as match.
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(2) Capital Projects to replace existing
assets with assets that increase capacity
or provide a higher level of service;
(3) Capital Projects to ensure that
service can be maintained while
existing assets are brought to a State of
Good Repair; and
(4) Capital Projects to bring existing
assets into a State of Good Repair.
Qualified Railroad Assets, as further
defined in Section A(2), are owned or
controlled by an eligible applicant and
may include: Infrastructure, including
track, ballast, switches and
interlockings, bridges, communication
and signal systems, power systems,
highway-rail grade crossings, and other
railroad infrastructure and support
systems used in intercity passenger rail
service; stations, including station
buildings, support systems, signage, and
track and platform areas; equipment,
including passenger cars, locomotives,
and maintenance-of-way equipment;
and facilities, including yards and
terminal areas and maintenance shops.
Capital Projects, as further defined in
Section A(2), may include PE, NEPA,
Final Design, Construction, or expenses
incidental to the acquisition or
Construction of a Capital Project.
Corridor or project-specific planning
studies are not eligible. PreConstruction activities are eligible for
funding independently or in
conjunction with proposed funding for
construction.
PE/NEPA examples include:
Engineering drawings and specifications
(scale drawings at the 30% design level,
including track geometry as
appropriate); design criteria, schematics
and/or track charts that support the
development of PE; and work that can
be funded in conjunction with
developing PE, such as operations
modeling, surveying, project work/
management plans, preliminary cost
estimates, and preliminary project
schedules. PE/NEPA projects funded
under this NOFO must be sufficiently
developed to support FD or
Construction activities. (See Section
D(2)(a)(xii) for additional information.)
b. Additional Eligibility Requirements
for NEC Projects
This section provides additional
eligibility requirements for NEC
Projects. Applicants proposing NonNEC Projects are not subject to the
requirements in this section and do not
need to respond to them in their
application and may proceed to Section
C(3)(c) below.
In the Partnership Program, grant
funds may not be provided to an eligible
recipient for an eligible NEC Project
unless Amtrak and the public
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authorities providing commuter rail
passenger transportation at the eligible
project location on the NEC are in
compliance with 49 U.S.C. 24905(c)(2).
Applicants must demonstrate
compliance with 49 U.S.C. 24905(c)(2)
by describing the status of compliance
with such cost-allocation policy
between Amtrak and the public
authorities providing commuter rail
passenger transportation at the eligible
project location, which may include
demonstrating that such authorities are
excepted from allocating costs for the
proposed NEC Project, such as for a
project that solely benefits intercity
passenger rail, consistent with 49 U.S.C.
24905(c)(1)(A)(ii). Such providers must
maintain compliance with 49 U.S.C.
24905(c)(2) for the duration of the
project.
c. Project Component
If an applicant requests funding for a
project that is a component or set of
components of a larger project, the
project component(s) must be attainable
with the award amount and comply
with all eligibility requirements
described in Section C.
In addition, the component(s) must
enable independent analysis and
decision making, as determined by FRA
under NEPA (i.e., have independent
utility, connect logical termini, and do
not restrict the consideration of
alternatives for other reasonably
foreseeable rail projects).
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 that will
not count against the Project Narrative
25-page limit.
1. Address To Request Application
Package
Applicants must submit all
application materials in their entirety
through https://www.Grants.gov no later
than 5:00 p.m. ET, on March 7, 2022.
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.
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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
Lou Lorello, Office of the Chief
Financial Officer, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W36–111,
Washington, DC 20590; email:
lou.lorello@dot.gov; phone: 202–493–
8026.
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.
Additionally, applicants selected to
receive funding must satisfy the
requirements in 49 U.S.C. 22905
explained in part at https://
www.fra.dot.gov/page/P0185 and
further in section F.2 of this notice.
Required documents for an
application package are outlined in the
checklist below.
• Project Narrative (see D.2.a).
• Statement of Work (see D.2.b.i).
• Benefit-Cost Analysis (see D.2.b.ii).
• Environmental Compliance
Documentation (see D.2.b.iii).
• SF424—Application for Federal
Assistance.
• SF 424C—Budget Information for
Construction, or, for an equipment
procurement project or nonConstruction project, SF 424A—Budget
Information for Non-Construction.
• SF 424D—Assurances for
Construction, or, for an equipment
procurement project or nonConstruction project, SF 424B—
Assurances for Non-Construction.
• FRA’s Additional Assurances and
Certifications.
• SF LLL—Disclosure of Lobbying
Activities.
• Draft Agreement required under 49
U.S.C. 22905(c)(1), if applicable (see
D.2.b.xi).
a. Project Narrative
This section describes the minimum
content required in the Project Narrative
of grant applications. The Project
Narrative must follow the basic outline
below to address the program
requirements and assist evaluators in
locating relevant information.
I. Cover Page ..................................
II. Project Summary .......................
III. Project Funding ........................
See D.2.a.i
See D.2.a.ii
See D.2.a.iii
IV. Applicant Eligibility Criteria ..
V. Non-NEC Project Eligibility
Criteria.
VI. NEC Project Eligibility Criteria
VII. Detailed Project Description ..
VIII. Project Location .....................
IX. Grade Crossing Information, if
applicable.
X. Evaluation and Selection Criteria.
XI. Project Implementation and
Management.
XII. Environmental Readiness ......
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Task No.
in an appendix. If Federal funding is
proposed as match, demonstrate the
applicant’s determination of eligibility
for such use, and the legal basis for that
determination. Also, note if the
requested Federal funding under this
NOFO or other programs must be
obligated or spent by a certain date due
to dependencies or relationships with
other Federal or non-Federal funding
sources, related projects, law, or other
factors. If applicable, provide the type
and estimated value of any proposed inkind contributions, as well as
substantiate how the contributions meet
the requirements in 2 CFR 200.306. For
a Major Capital Project that would seek
future funds beyond funding made
Task name/project component
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See D.2.a.x
See D.2.a.xi
See D.2.a.xii
available in this notice, provide the
anticipated annual Federal funding
requests from this grant program,
anticipated future non-Federal match,
and total project cost for the entire
expected duration of the project.
Finally, specify whether Federal
funding for the project has previously
been sought, and identify the Federal
program and fiscal year of the funding
request(s), as well as highlight new or
revised information in the Partnership
Program application that differs from
the application(s) to other financial
assistance programs.
Example Project Funding Table:
Cost
Sfmt 4703
D.2.a.vi
D.2.a.vii
D.2.a.viii
D.2.a.ix
Yes/No
Federal Grant Program:
Percentage of total cost
1
2
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See
See
See
See
The above content must be provided
in a narrative statement submitted by
the applicant. The Project Narrative may
not exceed 25 pages in length
(excluding cover pages, table of
contents, and supporting
documentation). FRA will not review or
consider Project Narratives beyond the
25-page limitation. If possible,
applicants should submit supporting
documents via website links rather than
hard copies. If supporting documents
are submitted, applicants must clearly
identify the relevant portion of the
supporting document with the page
numbers of the cited information in the
Project Narrative. The Project Narrative
must adhere to the following outline.
i. Cover Page: Include a cover page
that lists the following elements in
either a table or formatted list:
Project Title
Lead Applicant Name
Joint Applicant(s) Name(s), if any
Amount of Federal Funding Requested Under this NOFO
Proposed Non-Federal Match
Total Project Cost
Was a Federal Grant Application Previously Submitted for this Project? .........................................................
If Yes, State the Name of the Federal Grant Program and Title of the Project in the Previous Application ...
City(-ies), State(s) Where the Project is Located
Congressional District(s) Where the Project is Located
ii. Project Summary: Provide a brief
4–6 sentence summary of the proposed
project and what the 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, and total project cost. Identify
the source(s) of matching and other
funds, and clearly and distinctly reflect
these funds as part of the total project
cost in the application budget. Include
funding commitment letters outlining
funding agreements, as attachments or
See D.2.a.iv
See D.2.a.v
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Task No.
Task name/project component
Total Project Cost
Federal Funds Received from Previous Grant
Federal Funding Under this NOFO Request
Non-Federal Funding/Match
Cost
Percentage of total cost
Cash:
In-Kind:
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Portion of Non-Federal Funding from the Private Sector
Portion of Total Project Costs Spent in a Rural Area
Pending Federal Funding Requests
iv. Applicant Eligibility Criteria:
Explain how the lead applicant and
joint applicant(s) meet the applicant
eligibility criteria outlined in Section C
of this notice. For public agencies and
publicly chartered authorities
established by one or more States, the
explanation must include citations to
the applicable enabling legislation. To
submit a joint application, the lead
applicant must identify the joint
applicant(s) and include a signed
statement from an authorized
representative of each joint applicant
entity that affirms the entity joins the
application.
For joint applications involving
Amtrak and one or more States, Amtrak
and the State(s) must provide a
cooperative agreement for the project
signed by authorized representatives of
Amtrak and each State. Joint
applications are expected to include a
description of the roles and
responsibilities of each applicant,
including budget and subrecipient
information showing how the applicants
will share project costs.
v. Non-NEC Project Eligibility Criteria:
This section provides project eligibility
requirements for Non-NEC Projects.
Applicants proposing NEC Projects may
skip this section and proceed to section
D(2)(a)(vi). For Non-NEC Projects,
demonstrate that the proposed project is
a Capital Project that meets the project
eligibility criteria in Section C(3) of this
notice. Further, demonstrate that the
infrastructure, equipment and/or
facilities involved in the proposed
project are Qualified Railroad Assets
under 49 U.S.C. 24911(a)(5), as follows:
(A) To demonstrate ownership or
control by an eligible applicant under
49 U.S.C. 24911(a)(5)(A), show either:
(1) The lead or joint applicant owns
or will, at project completion, have
ownership of the infrastructure,
equipment, or facility improved by the
project; or
(2) The lead or joint applicant
controls or will, at project completion,
have control over the infrastructure,
equipment, or facility improved by the
project including by agreement with the
infrastructure, equipment, or facility
owner(s). Applicants should describe
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such agreement(s) in sufficient detail in
their application for FRA to understand
the extent of the control, including the
lead or joint applicant’s management
and decision-making authority
regarding the infrastructure, equipment,
or facility improved by the project, and
the remaining or anticipated duration of
the agreement(s). Agreements involving
railroad rights-of-way should also
demonstrate the lead or joint applicant
has train dispatching and maintenanceof-way responsibilities for the right-ofway.
(B) To demonstrate the requirements
under 49 U.S.C. 24911(a)(5)(B), show
that the infrastructure, equipment, or
facilities involved in the proposed
project are contained in a planning
document equivalent to the planning
document developed under 49 U.S.C.
24904 and for which a similar costallocation policy to the cost-allocation
policy developed under 49 U.S.C.
24905(c) has been developed.
Non-NEC Projects may satisfy the
equivalent planning document
requirement described above by
demonstrating the project is contained
in the planning document(s) prepared
under 49 U.S.C. Chapter 227, ‘‘State Rail
Plans,’’ for the State(s) where the
infrastructure, equipment and facilities
are located or in primary use.
Applicants with projects contained in a
State Rail Plan should indicate the
location (e.g., table or page number)
where the project is discussed in the
document. If a project is not contained
in the State Rail Plan, applicants may
demonstrate the infrastructure,
equipment and facilities involved in the
proposed project are contained in an
alternate equivalent planning document
or amend the relevant State Rail Plan(s)
to contain the project. Amending a State
Rail Plan requires a letter to FRA from
an authorized representative of the
relevant State rail transportation
authority adding the proposed project to
the plan and stating that the letter serves
as an addendum to the current plan.
Such a letter should include the project
name, a brief description of the project,
and estimated project cost and Federal
and non-Federal share by funding
source. FRA encourages State rail
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transportation authorities to make any
such addendum letters publicly
available with their State Rail Plans.
FRA recommends such letters be
submitted as part of an applicant’s
Partnership Program application via
Grants.gov. Whether submitted as part
of a Partnership Program application
package or separately to FRA, FRA must
receive the letter by the application due
date of this notice.
Non-NEC Projects must satisfy the
similar cost-allocation policy
requirement either by demonstrating the
infrastructure, equipment or facilities
involved in the proposed project are for
routes subject to the cost-sharing
methodology adopted under Section 209
of the Passenger Rail Investment and
Improvement Act of 2008 (PRIIA),
Public Law 110–432, Oct. 16, 2008; or
by demonstrating the infrastructure,
equipment or facilities involved in the
proposed project are subject to a similar
cost-sharing or cost-allocation policy.
(C) To demonstrate the state of good
repair requirement under 49 U.S.C.
24911(a)(5)(B):
(1) Describe the condition and
performance of the infrastructure,
equipment, or facility as of the time of
enactment of the Passenger Rail Reform
and Investment Act of 2015 (Dec. 4,
2015);
(2) indicate how the infrastructure,
equipment, or facility’s condition or
performance falls short of the definition
of ‘‘State of Good Repair’’ in Section
A(2); and
(3) indicate, if known, when the
infrastructure, equipment, or facility last
received comprehensive repair,
replacement, or rehabilitation work
similar to the applicant’s proposed
scope of work.
vi. NEC Project Eligibility Criteria:
This section provides project eligibility
requirements for NEC Projects.
(Applicants proposing Non-NEC
Projects may skip this section and
proceed to Section D(2)(a)(vii).) For NEC
Projects, demonstrate that the proposed
project is a Capital Project that meets
the project eligibility criteria in Section
C(3) of this notice including the
requirements in 49 U.S.C. 24911(e).
Further, demonstrate that the
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infrastructure, equipment, and/or
facilities involved in the project are
Qualified Railroad Assets under 49
U.S.C. 24911(a)(5), as follows:
(A) To demonstrate ownership or
control by an eligible applicant under
49 U.S.C. 24911(a)(5)(A), show either:
(1) The lead or joint applicant owns
or will, at project completion, have
ownership of the infrastructure,
equipment, or facility improved by the
project; or
(2) The lead or joint applicant
controls or will, at project completion,
have control over the infrastructure,
equipment, or facility improved by the
project including by agreement with the
infrastructure, equipment, or facility
owner(s). Applicants should describe
such agreement(s) in sufficient detail in
their application for FRA to understand
the extent of the control, including the
lead or joint applicant’s management
and decision-making authority
regarding the infrastructure, equipment,
or facility improved by the project, and
the remaining or anticipated duration of
the agreement(s). Agreements involving
railroad rights-of-way should also
demonstrate the lead or joint applicant
has train dispatching and maintenanceof-way responsibilities for the right-ofway.
(B) To demonstrate the requirements
under 49 U.S.C. 24911(a)(5)(B), show
that the infrastructure, equipment, or
facilities involved in the proposed
project are contained in the planning
document developed under 49 U.S.C.
24904 and for which a cost-allocation
policy has been developed under 49
U.S.C. 24905(c), or are contained in an
equivalent planning document and for
which a similar cost-allocation policy
has been developed.
NEC Projects must satisfy the
planning document requirement by
demonstrating the project is contained
in the current approved planning
document developed under 49 U.S.C.
24904 (i.e., the NEC Commission FiveYear Capital Investment Plan).
Applicants with projects contained this
plan should indicate the location (e.g.,
table or page number) where the project
in discussed in the document. If an NEC
Project is not contained in the 49 U.S.C.
24904 planning document at the time of
this notice, applicants may demonstrate
that the infrastructure, equipment and
facilities involved in the proposed
project are contained in an equivalent
planning document or update the 49
U.S.C. 24904 planning document to
contain the project by the due date for
applications under this notice. An
equivalent planning document may
include a planning document developed
under 49 U.S.C. 24320(c).
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NEC Projects must satisfy the costallocation policy requirement by
demonstrating the infrastructure,
equipment, or facilities are subject to
the cost-allocation policy developed
under 49 U.S.C. 24905(c) (i.e., Northeast
Corridor Commuter and Intercity Rail
Cost Allocation Policy), or a similar
cost-allocation policy.
(C) To demonstrate the state of good
repair requirement under 49 U.S.C.
24911(a)(5)(C), the NEC applicant must:
(1) Describe the condition and
performance of the infrastructure,
equipment, or facility as of the time of
enactment of the Passenger Rail Reform
and Investment Act of 2015 (Dec. 4,
2015);
(2) indicate how the infrastructure,
equipment, or facility’s condition or
performance falls short of the definition
of ‘‘State of Good Repair’’ in Section
A(2); and
(3) indicate, if known, when the
infrastructure, equipment, or facility last
received comprehensive repair,
replacement, or rehabilitation work
similar to the applicant’s proposed
scope of work.
vii. Detailed Project Description:
Include a detailed project description
that expands upon the brief project
summary. This detailed description
should provide, at a minimum:
Additional background on the
transportation challenges the project
aims to address; a summary of current
and proposed railroad operations in the
project area, to include identification of
all railroad owners and operators,
typical daily, weekly, or annual train
counts by operator, and ridership data
for passenger operations 5; the primary
expected project outcomes such as
increased ridership, reduced delays,
improved rail network asset condition
and performance, or similar outcomes
and benefits; the expected users and
beneficiaries of the project, including all
railroad operators and types of
passenger or freight rail service
operating or proposed to operate in the
project area; the specific components
and elements of the project; and any
other information the applicant deems
necessary to justify the proposed
project. Applicants with Major Capital
Projects are encouraged to identify and
describe project phases or elements that
would be candidates for subsequent
Partnership Program funding if such
funding becomes available. Include
information to demonstrate the project
is reasonably expected to begin
5 Given the on-going impact of the COVID–19
pandemic, applicants may provide pre-pandemic
ridership data (i.e., fiscal or calendar year 2019
data), as well as more recent ridership data.
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construction in a timely manner. For all
projects, applicants must provide
information about proposed
performance measures, as described in
Section F(3)(c) and required in 2 CFR
200.301.
viii. Project Location: Include
geospatial data for the project, as well as
a map of the project’s location. On the
map, include the Congressional districts
in which the project will take place.
ix. Grade Crossing Information, if
applicable: For any project that includes
grade crossing components, cite specific
DOT National Grade Crossing Inventory
information, including the railroad that
owns the infrastructure (or the crossing
owner, if different from the railroad),
the primary railroad operator, the DOT
crossing inventory number, and the
roadway at the crossing. Applicants can
search for data to meet this requirement
at the following link: https://
safetydata.fra.dot.gov/OfficeofSafety/
default.aspx.
x. Evaluation and Selection Criteria:
Include a thorough discussion of how
the proposed project meets all of the
evaluation and selection criteria, as
outlined in Section E of this notice. If
an application does not sufficiently
address the evaluation criteria and the
selection criteria, it is unlikely to be a
competitive application. To support a
finding of eligibility, for projects that are
on a shared corridor with Commuter
Railroad Passenger Transportation,
clearly demonstrate how the proposed
project directly benefits Intercity
Passenger Rail Transportation and that
funding the proposed project would be
a reasonable investment in Intercity
Passenger Rail Transportation,
independent and separate from
consideration of the proposed project’s
benefits to Commuter Railroad
Passenger Transportation.
xi. Project Implementation and
Management: Describe proposed project
implementation and project
management arrangements, including
between the lead and joint applicants, if
any. Include descriptions of the
expected arrangements for project
contracting, contract oversight and
control, change-order management, risk
management, and conformance to
Federal requirements for project
progress reporting (see https://
www.fra.dot.gov/Page/P0274). Describe
past experience in managing and
overseeing similar projects. For Major
Capital Projects, explain plans for a
rigorous project management and
oversight approach.
xii. Environmental Readiness: If the
NEPA process is complete, an applicant
should indicate the date of completion,
and provide a website link or other
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reference to the documents
demonstrating compliance with NEPA,
which might include a final Categorical
Exclusion, Finding of No Significant
Impact, or Record of Decision. If the
NEPA process is not yet underway, the
application should state this. If the
NEPA process is underway, but not
complete, the application should detail
the type of NEPA review underway,
where the project is in the process, and
indicate the anticipated date of
completion of all NEPA-related
milestones. If the last agency action
with respect to NEPA documents
occurred more than three years before
the application date, the applicant
should describe why the project has
been delayed and why NEPA
documents have not been updated and
include a proposed approach for
verifying and, if necessary, updating
this material in accordance with
applicable NEPA requirements.
Additional information regarding FRA’s
environmental processes and
requirements are located at https://
www.fra.dot.gov/environment.
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 can monitor progress
toward completing project tasks and
deliverables during a prospective grant’s
period of performance. Applicants must
use FRA’s standard SOW, schedule, and
budget templates to be considered for
award. The templates are located at
https://www.fra.dot.gov/Page/P0325.
When preparing the budget, the total
cost of a project must be based on the
best available information as indicated
in cited references that include
engineering studies, economic
feasibility studies, environmental
analyses, and information on the
expected use of equipment or facilities.
For Major Capital Projects, the SOW
must include annual budget estimates
and anticipated Federal funding for the
expected duration of the project.
ii. A Benefit-Cost Analysis consistent
with 49 U.S.C. 24911(d)(2)(A), as an
appendix to the Project Narrative for
each project submitted by an applicant.
The BCA should demonstrate in
economic terms the merit of investing in
the proposed project. The BCA should
include anticipated private and public
benefits relative to the costs of the
proposed project, including the project’s
anticipated:
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i. Effects on system and service
performance;
ii. effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
iii. efficiencies from improved
integration with other modes; and
iv. ability to meet existing or
anticipated demand.
The BCA should be systematic, data
driven, and examine the trade-offs
between reasonably expected project
costs and benefits. Applicants are
encouraged to include quantifiable
railroad data related to the Qualified
Railroad Assets involved in the project,
such as information on delay, failure or
safety incidents, passengers carried (e.g.,
ridership), daily train movements, or
similar metrics. To the extent feasible,
such railroad metrics should be
provided discretely for Intercity
Passenger Rail and, if applicable,
Commuter Rail Passenger
Transportation and freight rail
transportation services involved in the
proposed project. Benefits may be
quantified for savings in safety costs,
reduced costs from disruption of
service, maintenance costs, reduced
travel time, emissions reductions, and
increases in capacity or ability to offer
new types of freight or passenger
services. Applicants may also describe
other categories of benefits that are
difficult to quantify such as noise
reduction, environmental impact
mitigation, improved quality of life, or
reliability of travel times. All benefits
claimed for the project must be clearly
tied to the expected outcomes of the
project. BCAs for proposed projects that
include benefits to another
transportation mode or service in
addition to Intercity Passenger Rail
Transportation (e.g., Commuter Rail
Passenger Transportation, freight rail, or
local public transportation), should
provide discrete data and analysis
identifying the Intercity Passenger Rail
Transportation portion of project
benefits. The complexity and level of
detail in the Benefit-Cost Analysis
prepared for the Partnership Program
should reflect the scope and scale of the
proposed project. Please refer to the
Benefit-Cost Analysis Guidance for
Discretionary Grant Programs prior to
preparing a BCA at https://
www.transportation.gov/office-policy/
transportation-policy/benefit-costanalysis-guidance. In addition, please
also refer to the BCA FAQs on FRA’s
website (https://railroads.dot.gov/
elibrary/consolidated-railinfrastructure-and-safety-improvementscrisi-and-federal-state) for some railspecific examples of how to apply the
Benefit-Cost Analysis Guidance for
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Discretionary Grant Programs to
Partnership applications.
iii. Environmental compliance
documentation, as applicable, if a
website link is not cited in the Project
Narrative.
iv. SF 424—Application for Federal
Assistance.
v. SF 424A—Budget Information for
Non-Construction or SF 424C—Budget
Information for Construction.
vi. SF 424B—Assurances for NonConstruction or SF 424D—Assurances
for Construction.
vii. FRA’s Additional Assurances and
Certifications.
viii. SF LLL—Disclosure of Lobbying
Activities.
ix. 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.
x. 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 3 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 3 years
for cause or default (including material
failure to comply).
xi. Draft Agreement required under 49
U.S.C. 22905(c)(1), if applicable. As a
condition of receiving a grant under this
program for a project that uses rights-ofway owned by a railroad, the grant
recipient shall have in place a written
agreement between the grant recipient
and the railroad regarding such use and
ownership, including any compensation
for such use; assurances regarding the
adequacy of infrastructure capacity to
accommodate both existing and future
freight and passenger operations; an
assurance by the railroad that collective
bargaining agreements with the
railroad’s employees including terms
regulating the contracting of work) will
remain in full force and effect according
to their terms for work performed by the
railroad on the railroad transportation
corridor; and an assurance that the grant
recipient complies with liability
requirements consistent with 49 U.S.C.
28103.
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xii. FRA F 251, Applicant Financial
Capability Questionnaire.
Forms needed for the electronic
application process are at
www.Grants.gov.
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c. Post-Selection Requirements
See Section F(2) of this notice for
post-selection requirements.
3. Unique Entity Identifier and System
for Award Management (SAM)
To apply for funding through
Grants.gov, applicants must be properly
registered in SAM before submitting an
application, provide a valid unique
entity identifier in its application, and
continue to maintain an active SAM
registration all as described in detail
below. Complete instructions on how to
register and submit an application can
be found at www.Grants.gov. Registering
with Grants.gov is a one-time process;
however, it can take up to several weeks
for first-time registrants to receive
confirmation and a user password. FRA
recommends that applicants start the
registration process as early as possible
to prevent delays that may preclude
submitting an application package by
the application deadline. Applications
will not be accepted after the due date.
Delayed registration is not an acceptable
justification for a late application.
FRA may not make a grant award to
an applicant until the applicant has
complied with all applicable Data
Universal Numbering System (DUNS)
and SAM requirements and if an
applicant has not fully complied with
the requirements by the time the Federal
awarding agency is ready to make a
Federal award, the Federal awarding
agency may determine that the
applicant is not qualified to receive a
Federal award and use that
determination as a basis for making a
Federal award to another applicant.
(Please note that if a Dun & Bradstreet
DUNS number must be obtained or
renewed, this may take a significant
amount of time to complete). Late
applications, including those that are
the result of a failure to register or
comply with Grants.gov applicant
requirements in a timely manner, will
not be considered. If an applicant has
not fully complied with the
requirements by the submission
deadline, the application will not be
considered. To submit an application
through Grants.gov, applicants must:
a. Obtain a DUNS Number
A DUNS number is required for
Grants.gov registration. The Office of
Management and Budget requires that
all businesses and nonprofit applicants
for Federal funds include a DUNS
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number in their applications for a new
award or renewal of an existing award.
A DUNS number is a unique nine-digit
sequence recognized as the universal
standard for the government in
identifying and keeping track of entities
receiving Federal funds. The identifier
is used for tracking purposes and to
validate address and point of contact
information for Federal assistance
applicants, grantees, and subrecipients.
The DUNS number will be used
throughout the grant life cycle.
Obtaining a DUNS number is a free,
one-time activity. Applicants may
obtain a DUNS number by calling
1–866–705–5711 or by applying online
at https://www.dnb.com/us.
b. Register With the SAM at
www.SAM.gov
All applicants for Federal financial
assistance must maintain current
registrations in the SAM database. An
applicant must be registered in SAM to
successfully register in Grants.gov. The
SAM database is the repository for
standard information about Federal
financial assistance applicants, grantees,
and subrecipients. Organizations that
have previously submitted applications
via Grants.gov are already registered
with SAM, as it is a requirement for
Grants.gov registration. Please note,
however, that applicants must update or
renew their SAM registration at least
once per year to maintain an active
status. Therefore, it is critical to check
registration status well in advance of the
application deadline. If an applicant is
selected for an award, the applicant
must maintain an active SAM
registration with current information
throughout the period of the award,
including information on a grantee’s
immediate and highest level owner and
subsidiaries, as well as on all
predecessors that have been awarded a
Federal contract or grant within the last
three years, if applicable. Information
about SAM registration procedures is
available at www.sam.gov.
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
DUNS number to complete this step.
Additional information about the
registration process is available at:
https://www.grants.gov/web/grants/
applicants/organizationregistration.html.
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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 difficulty
at any point during this process, please
call the Grants.gov Customer Center
Hotline at 1–800–518–4726, 24 hours a
day, 7 days a week (closed on Federal
holidays). For information and
instructions on each of these processes,
please see instructions at: https://
www.grants.gov/web/grants/applicants/
apply-for-grants.html.
4. Submission Dates and Times
Applicants must submit complete
applications to www.Grants.gov no later
than 5:00 p.m. ET, March 7, 2022.
Applicants will receive a systemgenerated acknowledgement of receipt.
FRA reviews www.Grants.gov
information on dates/times of
applications submitted to determine
timeliness of submissions. Late
applications will be neither reviewed
nor considered. Delayed registration is
not an acceptable reason for late
submission. To apply for funding under
this announcement, all applicants are
expected to be registered as an
organization with Grants.gov.
Applicants are strongly encouraged to
apply early to ensure all materials are
received before this deadline.
To ensure a fair competition of
limited discretionary funds, no late
submissions will be reviewed for any
reason, including: (1) Failure to
complete the Grants.gov registration
process before the deadline; (2) failure
to follow Grants.gov instructions on
how to register and apply as posted on
its website; (3) failure to follow all the
instructions in this NOFO; and (4)
technical issues experienced with the
applicant’s computer or information
technology environment.
5. Intergovernmental Review
Intergovernmental Review is required
for this program. Applicants must
contact their State Single Point of
Contact to comply with their state’s
process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as
applicable, FRA will only approve pre-
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award costs if such costs are incurred
pursuant to the negotiation and in
anticipation of the grant agreement and
if such costs are necessary for efficient
and timely performance of the scope of
work. Under 2 CFR 200.458, grant
recipients must seek written approval
from FRA for pre-award activities to be
eligible for reimbursement under the
grant. Activities initiated prior to the
execution of a grant or without FRA’s
written approval may be ineligible for
reimbursement or matching
contribution. Cost sharing or matching
may be used only for authorized Federal
award purposes.
FRA is prohibited under 49 U.S.C.
22905(f) 6 from providing Partnership
Program grants for Commuter Rail
Passenger Transportation. FRA’s
interpretation of this provision is
informed by the language in 49 U.S.C.
24911, and specifically the definitions
of capital project in 49 U.S.C.
24911(a)(2)(A) and (B). FRA’s primary
intent in funding Partnership Program
projects is to make reasonable
investments in Capital Projects for
Intercity Rail Passenger Transportation.
Such projects may be located on shared
corridors where Commuter Rail
Passenger Transportation and/or freight
rail also benefit from the project.
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. Bryan Rodda, Office of Policy and
Planning, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W38–203,
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.
6 Under 49 U.S.C. 24911(i), Partnership grants are
subject to the conditions in 49 U.S.C. 22905.
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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 20 percent minimum nonFederal match in determining whether
the application is eligible.
FRA will then consider applicant risk,
including the applicant’s past
performance in developing and
delivering similar projects 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 technical merit and
project benefits.
i. Technical Merit: FRA will take into
account—
(A) The degree to which the tasks and
subtasks outlined in the SOW are
appropriate to achieve the expected
outcomes of the proposed project;
(B) The technical qualifications and
demonstrated experience of key
personnel proposed to lead and perform
the technical efforts, and the
qualifications of the primary and
supporting organizations to fully and
successfully execute the proposed
project within the proposed timeframe
and budget;
(C) The degree to which the proposed
project’s business plan considers
potential private sector participation in
the financing, construction, or operation
of the proposed project;
(D) Whether the applicant has, or will
have, the legal, financial, and technical
capacity to carry out the project;
satisfactory continuing control over the
use of the equipment or facilities; and
the capability and willingness to
maintain the equipment or facilities;
(E) The applicant’s past performance
in developing and delivering similar
projects, and previous financial
contributions;
(F) Whether the project has completed
necessary prerequisites and
demonstrates strong project readiness;
and
(G) Whether the project is consistent
with planning guidance and documents
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set forth by the Secretary of
Transportation or required by law.
ii. Project Benefits: FRA will take into
account the benefit-cost analysis of the
proposed project, including anticipated
private and public benefits relative to
the costs of the proposed project
including—
(A) Effects on system and service
performance;
(B) Effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
(C) Efficiencies from improved
integration with other modes; and
(D) Ability to meet existing or
anticipated demand.
c. Selection Criteria
In addition to the eligibility and
completeness review and the evaluation
criteria outlined in this section, FRA
will apply the following selection
criteria:
i. FRA will give preference to
applications where:
(A) Amtrak is not the sole applicant;
(B) Applications were submitted
jointly by multiple eligible applicants;
and
(C) The proposed Federal share of
total project costs is 50 percent or less.
ii. After applying the above
preferences, FRA will take in account
the following key DOT objectives:
(A) Safety. DOT will assess the
project’s ability to foster a safe
transportation system for the movement
of goods and people, consistent with the
Department’s strategic goal to reduce
transportation-related fatalities and
serious injuries across the transportation
system. Such considerations will
include, but are not limited to, the
extent to which the project improves
safety at highway-rail grade crossings,
reduces incidences of rail-related
trespassing, and upgrades infrastructure
to achieve a higher level of safety.
(B) Equitable economic strength and
improving core assets. DOT will assess
the project’s ability to contribute to
economic progress stemming from
infrastructure investment and associated
creation of good jobs with fair wages,
labor protections, and the opportunity
to join a union. Such considerations
will include, but are not limited to, the
extent to which the project invests in
vital infrastructure assets and provides
opportunities for families to achieve
economic security through rail industry
employment.
(C) Ensuring investments meet racial
equity and economic inclusion goals.
DOT will assess the project’s ability to
encourage racial equity by investing in
projects that proactively address racial
equity and barriers to opportunities.
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Such considerations will include, but
are not limited to, the extent to which
the project improves or expands
transportation options, mitigates the
safety risks and detrimental quality of
life effects that rail lines can have on
communities, and expands workforce
development and training opportunities
to foster a more diverse rail industry.
(D) Resilience and addressing climate
change. DOT will assess the project’s
ability to reduce the harmful effects of
climate change and anticipate necessary
improvements for preparedness. Such
considerations will include, but are not
limited to, the extent to which the
project reduces emissions, promotes
energy efficiency, increases resilience,
and recycles or redevelops existing
infrastructure.
(E) Transformation of our nation’s
transportation infrastructure. DOT will
assess the project’s ability to expand
and improve the nation’s rail network,
which needs to balance new
infrastructure for increased capacity
with proper maintenance of aging
assets. Such considerations will
include, but are not limited to, the
extent to which the project adds
capacity to congested corridors, builds
new connections or attracts new users to
passenger rail, and ensures assets will
be improved to a state of good repair.
iii. For NEC Projects, FRA will
consider the appropriate sequence and
phasing of projects as contained in the
Northeast Corridor capital investment
plan developed pursuant to 49 U.S.C.
24904(a).
iv. In determining the allocation of
program funds, FRA may also consider
geographic diversity, diversity in the
size of the systems receiving funding,
and the applicant’s receipt of other
competitive awards.
2. Review and Selection Process
FRA will conduct a four-part
application review process, as follows:
a. Screen applications for
completeness, eligibility, and applicant
risk and consider applicable past
performance and previous financial
contributions and technical evaluation
ratings;
b. Evaluate eligible applications
(completed by technical panels applying
the evaluation criteria);
c. Review, apply selection criteria and
recommend initial selection of projects
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
d. Select recommended awards for the
Secretary’s review and approval
(completed by the FRA Administrator.)
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3. Reporting Matters Related to Integrity
and Performance
Before making a Federal award with
a total amount of Federal share greater
than the simplified acquisition
threshold of $250,000 (see 2 CFR 200.88
Simplified Acquisition Threshold), FRA
will review and consider any
information about the applicant that is
in the designated integrity and
performance system accessible through
SAM (currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)). See 41 U.S.C. 2313.
An applicant, at its option, may
review information in the designated
integrity and performance systems
accessible through SAM and comment
on any information about itself that a
Federal awarding agency previously
entered and is currently in the
designated integrity and performance
system accessible through SAM.
FRA will consider any comments by
the applicant, in addition to the other
information, in making a judgment
about the applicant’s integrity, business
ethics, and record of performance under
Federal awards when completing the
review of risk posed by applicants as
described in 2 CFR 200.205.
F. Federal Award Administration
Information
1. Federal Award Notice
FRA will announce applications
selected for funding in a press release
and on FRA’s website after the
application review period. This
announcement is FRA’s notification to
successful and unsuccessful applicants
alike. FRA will contact applicants with
successful applications after
announcement with information and
instructions about the award process.
This notification is not an authorization
to begin proposed project activities.
FRA requires satisfaction of applicable
requirements by the applicant and a
formal agreement signed by both the
grantee and the FRA, including an
approved scope, schedule, and budget,
before obligating the grant. See an
example of standard terms and
conditions for FRA grant awards at
https://railroads.fra.dot.gov/elibrary/
award-administration-and-grantconditions. This template is subject to
revision.
2. Administrative and National Policy
Requirements
In connection with any program or
activity conducted with or benefiting
from funds awarded under this notice,
grantees of funds must comply with all
applicable requirements of Federal law,
including, without limitation, the
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Constitution of the United States; the
conditions of performance,
nondiscrimination requirements, and
other assurances made applicable to the
award of funds in accordance with
regulations of DOT; and applicable
Federal financial assistance and
contracting principles promulgated by
the Office of Management and Budget.
In complying with these requirements,
grantees, in particular, must ensure that
no concession agreements are denied or
other contracting decisions made on the
basis of speech or other activities
protected by the First Amendment. If
DOT determines that a grantee has
failed to comply with applicable Federal
requirements, DOT may terminate the
award of funds and disallow previously
incurred costs, requiring the grantee to
reimburse any expended award funds.
Examples of administrative and
national policy requirements include: 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 compliance
with 49 U.S.C. 24905(c)(2) for the
duration of NEC Projects. Unless
otherwise stated in statutory or
legislative authority, or appropriations
language, all financial assistance awards
follow the Uniform Administrative
Requirements, Cost Principles and
Audit Requirements for Federal Awards
at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject
to the grant conditions in 49 U.S.C.
22905 including the Buy America
requirements, protective arrangements
that are equivalent to the protective
arrangements established under section
504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45
U.S.C. 836) with respect to employees
affected by actions taken in connection
with the project to be financed in whole
or in part by grants under this chapter,
the provision deeming operators rail
carriers and employers for certain
purposes, and grantee agreements with
railroad right-of-way owners for projects
using railroad rights-of-way (see
D.2.b.xi). More information about FRA’s
Buy America requirements is available
at: https://railroads.dot.gov/legislationregulations/buy-america/buy-america.
Grantees must comply with
applicable appropriations act
requirements and all relevant
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requirements of 2 CFR part 200. Rights
to intangible property under grants
awarded under this NOFO are governed
in accordance with 2 CFR 200.315. See
an example of standard terms and
conditions for FRA grant awards at
https://railroads.fra.dot.gov/elibrary/
award-administration-and-grantconditions. This template is subject to
revision.
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.
3. 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
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.
b. Additional Reporting
reflected in 2 CFR part 200, Appendix
XII—Award Term and Condition for
Recipient Integrity and Performance
Matters.
c. Performance Reporting
Each applicant selected for funding
must collect information and report on
the project’s performance using
measures mutually agreed upon by FRA
and the grantee to assess progress in
achieving strategic goals and objectives.
Examples of some rail performance
measures are listed in the table below.
The applicable measure(s) will depend
upon the type of project. Applicants
requesting funding for rolling stock
must integrate at least one equipment/
rolling stock performance measure,
consistent with the grantee’s application
materials and program goals.
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PERFORMANCE MEASURE
Rail measures
Unit
measured
Temporal
Primary strategic
goal
Secondary strategic
goal
Description
Slow Order Miles .....
Miles ............
Annual .........
State of Good Repair
Safety ......................
Rail Track Grade
Separation.
Count ...........
Annual .........
Economic Competitiveness.
Safety ......................
Passenger Counts ...
Count ...........
Annual .........
Economic Competitiveness.
State of Good Repair
Travel Time ..............
Time/Trip .....
Annual .........
Economic Competitiveness.
Quality of Life ..........
Track Miles ...............
Miles ............
One Time ....
State of Good Repair
Economic Competitiveness.
The number of miles per year within the
project area that have temporary speed
restrictions (‘‘slow orders’’) imposed due
to track condition. This is an indicator of
the overall condition of track. This
measure can be used for projects to rehabilitate sections of a rail line since the
rehabilitation should eliminate, or at
least reduce the slow orders upon
project completion.
The number of annual automobile crossings that are eliminated at an at-grade
crossing as a result of a new grade
separation.
Count of the annual passenger boardings
and alightings at stations within the
project area.
Point-to-point travel times between predetermined station stops within the
project area. This measure demonstrates how track improvements and
other upgrades improve operations on a
rail line. It also helps make sure the railroad is maintaining the line after project
completion.
The number of track miles that exist within
the project area. This measure can be
beneficial for projects building sidings or
sections of additional main line track on
a railroad.
d. Federal Awarding Agency Contacts
e. Other Information
For further information related to this
notice, please contact Mr. Bryan Rodda,
Office of Policy and Planning, Federal
Railroad Administration, 1200 New
Jersey Avenue SE, Room W38–203,
Washington, DC 20590; email:
Bryan.Rodda@dot.gov; phone: 202–493–
0443.
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
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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,
E:\FR\FM\10DEN1.SGM
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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices
information, and records publicly
available under FOIA. Unless prohibited
by law and to the extent permitted
under the FOIA, contents of application
and proposals submitted by successful
applicants may be released in response
to FOIA requests. In addition, following
the completion of the selection process
and announcement of awards, FRA may
publish a list of all applications
received along with the names of the
applicant organizations and funding
amounts requested. Except for
information withheld under the
previous paragraph, FRA may also make
application narratives publicly available
or share application information within
DOT or with other Federal agencies if
FRA determines that sharing is relevant
to the respective program’s objectives.
Issued in Washington, DC.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2021–26835 Filed 12–9–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2021–0006–N–16]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, this notice
announces that FRA is forwarding the
Information Collection Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On August 23, 2021,
FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before January
10, 2022.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find the particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
jspears on DSK121TN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:03 Dec 09, 2021
Jkt 256001
Ms.
Hodan Wells, Information Collection
Clearance Officer, at email:
Hodan.Wells@dot.gov or telephone:
(202) 493–0440; or Mr. John Purnell,
Information Collection Clearance
Officer, at email: john.purnell@dot.gov
or telephone: (202) 493–0500.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On August 23, 2021,
FRA published a 60-day notice in the
Federal Register soliciting comment on
the ICR for which it is now seeking
OMB approval. See 86 FR 47195. FRA
received one comment from the
Association of American Railroads
(AAR) and the American Short Line and
Regional Railroad Association
(ASLRRA) in response to this 60-day
notice. This comment letter is a follow
up to a discussion that AAR had with
FRA on October 14, 2021. A summary
of the discussion is available in the
above-referenced docket.
In their joint comment letter, AAR
and ASLRRA expressed their concerns
with FRA’s proposed burden estimates.
They asserted that these estimates were
significantly reduced from the 2018
OMB control no. 2130–0004 ICR
package, even though the scope of the
requirements in 49 CFR part 229 have
remained unchanged since that time.
AAR and ASLRRA specifically cited to
§§ 229.21 1 and 229.25(d), in which the
paperwork burdens were reduced from
31–33 minutes to 3 minutes and 350
hours to 0 hours, respectively. They also
noted that the only information publicly
available to compare FRA’s significant
reduction in estimated burdens is a
chart appearing in the 60-day notice.
In response to this feedback, FRA has
reviewed its PRA estimates, which are
reprinted below. However, except for
noting a typographical error associated
with § 229.317(g), FRA believes that it
accurately captured the part 229
paperwork burdens in the 60-day notice.
While preparing this revised ICR
package, FRA performed a detailed
review of part 229 and made several
adjustments to its estimated paperwork
burdens. FRA determined that many
estimated paperwork burdens were
either outdated or accounted for in other
regulatory sections. Further, the
associated burdens related to inspection
FOR FURTHER INFORMATION CONTACT:
1 Although a subsection was not specified in the
letter, FRA believes that AAR and ASLRRA are
referring specifically to 49 CFR 229.21(a).
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70595
and testing, as well as employee training
and job briefings, were appropriately
addressed when FRA calculated the
economic costs of the regulation. See
Executive Order 12866; OMB Circular
A–4. FRA is correcting any errors by
removing burdens that were accounted
for in the regulation’s economic
analyses, which FRA previously
erroneously also calculated as burdens
under the PRA.
With respect to AAR’s and ASLRRA’s
specific feedback regarding § 229.21(a),
FRA determined that the 31- or 33minute paperwork burden estimate
included the railroads’ performance of
daily inspections. While AAR and
ASLRRA are correct that the regulatory
requirement has not changed since
2002, FRA is correcting its previous
overestimation errors. Up until 2011,
the published average time per response
was 1 or 3 minutes.2 Between 2012 and
2018, FRA incorrectly added the time
associated with the performance of daily
inspections (which are not burdens
under the PRA) to the average time per
response, so that it became 16 or 18
minutes in 2002 3 and then 31 or 33
minutes in 2018.4 The inclusion of
inspection time resulted in a significant
increase in the overall burden for this
requirement from 155,350 to 1.9 million
hours in 2012 and to 3.6 million hours
in 2018. In the 60-day notice, FRA
corrected the average time per response
to 1 or 3 minutes, now closely matching
the 2011 estimates. Similarly, FRA
adjusted the average time per response
under § 229.21(b) by removing the
estimated paperwork burden associated
with inspection that was incorrectly
added in 2012. With respect to AAR’s
and ASLRRA’s specific feedback
regarding § 229.25(d), FRA maintains
that its estimate in the 60-day notice is
correct and the estimated paperwork
burden had previously been doublecounted. Upon review of the
requirements under § 229.25(d), FRA
found that the burden associated with
§ 229.25(d)(3) is covered under
§ 229.25(d)(2). Thus, FRA removed the
duplicative burden and included an
explanatory note in the PRA table
printed below.
Going forward, in future 60-day
notices, FRA proposes to highlight the
regulatory sections in which estimates
have been significantly adjusted to
allow stakeholders to more easily
determine significant estimate
adjustments. As stated above, FRA has
reprinted the PRA table in the 60-day
2 76
FR 34287.
FR 21339.
4 83 FR 37607.
3 77
E:\FR\FM\10DEN1.SGM
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Agencies
[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70582-70595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26835]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the Federal-State Partnership
for State of Good Repair Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
[[Page 70583]]
ACTION: Notice of Funding Opportunity (NOFO or notice).
-----------------------------------------------------------------------
SUMMARY: This notice details the application requirements and
procedures to obtain grant funding for eligible projects under the
Federal-State Partnership for State of Good Repair Program (Partnership
Program). This notice solicits applications for Partnership Program
funds made available by the Consolidated Appropriations Act, 2021. The
opportunity described in this notice is made available under Assistance
Listings Number 20.326, ``Federal-State Partnership for State of Good
Repair.''
DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. ET, March 7, 2022. Late or incomplete applications
will not be considered for funding. See Section D of this notice for
additional information on the application process.
ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via www.Grants.gov (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Mr. Bryan Rodda, Office of Policy and Planning, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W38-203,
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 information related to
this notice, please contact Mr. Bryan Rodda, Office of Policy and
Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Room W38-203, Washington, DC 20590; email: [email protected]; phone:
202-493-0443.
SUPPLEMENTARY INFORMATION: This notice wholly supersedes and cancels
FRA's prior notice for this program, published in the Federal Register
on December 7, 2021 (86 FR 69352), which was incomplete. Applicants
should refer only to this notice for application requirements and
procedures.
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials.
Definitions of key terms used throughout the NOFO are provided in
Section A(2) below. These key terms are capitalized throughout the
NOFO. There are several administrative and specific eligibility
requirements described herein with which applicants must comply.
Additionally, applicants should note that the required Project
Narrative component of the application package may not exceed 25 pages
in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
1. Overview
Our nation's rail network is a critical component of the U.S.
transportation system and economy. Prior to the coronavirus disease
2019 (COVID-19) pandemic, rail carried over 32.5 million passengers on
Amtrak services and approximately 1.6 billion tons of freight valued at
over $600 billion each year. The Partnership Program provides a Federal
funding opportunity to improve American passenger rail infrastructure
to enhance rail safety, reduce the backlog of deferred maintenance for
Amtrak or publicly owned or controlled railroad assets, create new
opportunities for underserved communities, and invest in projects that
support and spur economic growth.
The purpose of the Partnership Program is to fund projects within
the United States to repair, replace, or rehabilitate Qualified
Railroad Assets to reduce the state of good repair backlog and improve
Intercity Passenger Rail performance. Section E of this NOFO provides
additional information on these program priorities.
The Partnership Program is authorized in Sections 11103 and 11302
of the Passenger Rail Reform and Investment Act of 2015 (Title XI of
the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94
(2015)); codified at 49 U.S.C. 24911, and this NOFO is funded by the
Consolidated Appropriations Act, 2021 (Pub. L. 116-260) (Appropriations
Act).\1\ The opportunity described in this notice is made available
under Assistance Listings Number 20.326, ``Federal-State Partnership
for State of Good Repair.''
---------------------------------------------------------------------------
\1\ Funds made available under this NOFO are subject to 49
U.S.C. 24911 as it existed on the day of the enactment of the
Appropriations Act.
---------------------------------------------------------------------------
Consistent with Biden-Harris Administration priorities, the
Department seeks to fund projects under the Partnership Program that
address climate change impacts and environmental justice. Projects
should include components that reduce emissions, promote energy
efficiency, increase resilience, and recycle or redevelop existing
infrastructure. This objective is consistent with Executive Order
14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619). As
part of the Department's implementation of that Executive Order, the
Department encourages the submission of applications that would direct
resources and benefits towards low-income communities, overburdened
communities, or communities underserved by affordable transportation.
The Department also seeks to use the Partnership Program to
encourage racial equity by investing in projects that proactively
address racial equity and barriers to opportunity. Projects should
include components that improve or expand transportation options and
mitigate the safety risks and detrimental quality of life effects that
rail lines can have on communities, particularly low-income areas, and
communities of color. This objective supports the Department's
strategic goal related to infrastructure, with the potential for
significantly enhancing environmental stewardship and community
partnerships, and reflects Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government (86 FR 7009). Section E describes the climate change,
environmental justice, and racial equity considerations further.
The Partnership Program is intended to benefit both railroad assets
in the Northeast Corridor (``NEC'') and public or Amtrak-owned or
controlled infrastructure, equipment, and facilities located in other
areas of the country. Applicants should note that the Partnership
Program has distinct eligibility requirements based on project
location. In addition to the generally applicable requirements,
applicants proposing NEC Projects should specifically review the NEC-
specific requirements provided in Section C(3)(b), and the Qualified
Railroad Asset information provided in Section D(2)(a)(vi) while
applicants proposing Non-NEC Projects should review the Qualified
Railroad Asset information provided in Section D(2)(a)(v).
[[Page 70584]]
2. Changes From FY 2020 Partnership Program NOFO
This notice updates the FY 2020 Partnership Program NOFO to reflect
the Biden-Harris Administration's priorities for creating good-paying
jobs, improving safety, applying transformative technology, and
explicitly addressing climate change and racial equity as discussed in
Section E(1)(c)(ii).
This notice expands the definition of Capital Project, making
expenses incidental to the acquisition or construction (including
designing, engineering, location surveying, mapping, environmental
studies, and acquiring rights-of-way) of a Capital Project eligible for
funding independently or in conjunction with proposed funding for
construction or acquisition, as directed by the Appropriations Act.
3. Definitions of Key Terms
Terms defined in this section are capitalized throughout this
notice.
a. ``Benefit-Cost Analysis'' (or ``Cost-Benefit Analysis'') is a
systematic, data-driven, and transparent analysis comparing monetized
project benefits and costs, using a no-build baseline and properly
discounted present values, including concise documentation of the
assumptions and methodology used to produce the analysis, a description
of the baseline, data sources used to project outcomes, values of key
input parameters, basis of modeling (including spreadsheets, technical
memos, etc.), and presentation of the calculations in sufficient detail
and transparency to allow the analysis to be reproduced and sensitivity
of results evaluated by FRA. Please refer to the Benefit-Cost Analysis
(BCA) Guidance for Discretionary Grant Programs prior to preparing a
BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer
to the BCA FAQs on FRA's website for rail-specific examples of how to
apply the BCA Guidance for Discretionary Grant Programs to Partnership
Program applications.
b. ``Capital Project'' means a project primarily intended to
replace, rehabilitate, or repair major infrastructure assets utilized
for providing Intercity Passenger Rail service, including tunnels,
bridges, stations, and other assets, as determined by the Secretary of
Transportation; a project primarily intended to improve Intercity
Passenger Rail performance, including reduced trip times, increased
train frequencies, and higher operating speeds, and other improvements,
as determined by the Secretary; and a project for expenses incidental
to the acquisition or construction (including designing, engineering,
location surveying, mapping, environmental studies, and acquiring
rights-of-way) of a project, consistent with 49 U.S.C. 24911(a)(2) and
the Appropriations Act.
c. ``Construction'' means the production of fixed works and
structures or substantial alterations to such structures or land and
associated costs.
d. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple ride, and commuter tickets and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3).
e. ``Final Design (FD)'' means design activities following
Preliminary Engineering, and at a minimum, includes the preparation of
final Construction plans, detailed specifications, and estimates
sufficiently detailed to inform project stakeholders (designers,
reviewers, contractors, suppliers, etc.) of the actions required to
advance the project from design through completion of Construction.
f. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except Commuter Rail Passenger Transportation,
consistent with 49 U.S.C. 24911(a)(3). In this notice, ``Intercity
Passenger Rail'' is an equivalent term to ``Intercity Rail Passenger
Transportation.''
g. ``Major Capital Project'' means a Capital Project with an
estimated total project cost of $300 million or more.
h. ``National Environmental Policy Act (NEPA)'' is a Federal law
that requires Federal agencies to analyze and document the
environmental impacts of a proposed action in consultation with
appropriate Federal, state, and local authorities, and with the public.
NEPA classes of action include an Environmental Impact Statement (EIS),
Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA
class of action depends on the nature of the proposed action, its
complexity, and the potential impacts. For purposes of this NOFO, NEPA
also includes all related Federal laws and regulations including the
Clean Air Act, Section 4(f) of the Department of Transportation Act,
Section 7 of the Endangered Species Act, and Section 106 of the
National Historic Preservation Act. Additional information regarding
FRA's environmental processes and requirements are located at https://www.fra.dot.gov/environment.
i. ``NEC Project'' means a Capital Project where the Qualified
Railroad Assets involved in the project are part of, or in primary use
for, the Northeast Corridor (``NEC'').
j. ``Non-NEC Project'' means a Capital Project where the Qualified
Railroad Assets involved in the project are not part of, or are not in
primary use for, the Northeast Corridor (``NEC'').
k. ``Northeast Corridor'' (``NEC'') means the main rail line
between Boston, Massachusetts, and the District of Columbia; the branch
rail lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York; and facilities and
services used to operate and maintain these lines, consistent with 49
U.S.C. 24911(a)(4).
l. ``Preliminary Engineering (PE)'' means engineering design to:
(1) Define a project, including identification of all environmental
impacts, design of all critical project elements at a level sufficient
to assure reliable cost estimates and schedules, (2) complete project
management and financial plans, and (3) identify procurement
requirements and strategies. The PE development process starts with
specific project design alternatives that allow for the assessment of a
range of rail improvements, specific alignments, and project designs.
PE generally occurs concurrently with NEPA and related analyses, and
prior to FD and Construction.
m. A ``Qualified Railroad Asset,'' consistent with 49 U.S.C.
24911(a)(5), means infrastructure, equipment, or a facility that:
i. Is owned or controlled by an eligible applicant;
ii. is contained in the planning document developed under 49 U.S.C.
24904 and for which a cost-allocation policy has been developed under
49 U.S.C. 24905(c), or is contained in an equivalent planning document
and for which a similar cost-allocation policy has been developed; and
iii. was not in a State of Good Repair on the date of enactment of
the Passenger Rail Reform and Investment Act of 2015 (December 4,
2015).
See Section D(2)(a), Project Narrative, for further details about
the Qualified Railroad Asset requirements and application submission
instructions related to Qualified Railroad Assets.\2\
---------------------------------------------------------------------------
\2\ For any project that includes purchasing intercity passenger
rail equipment, applicants are encouraged to use a standardized
approach to the procurement, such as the specifications developed by
the Next Generation Corridor Equipment Pool Committee or a similarly
uniform process.
---------------------------------------------------------------------------
n. ``State of Good Repair'' means a condition in which physical
assets, both
[[Page 70585]]
individually and as a system, are (A) performing at a level at least
equal to that called for in their as-built or as-modified design
specification during any period when the life cycle cost of maintaining
the assets is lower than the cost of replacing them; and (B) sustained
through regular maintenance and replacement programs, consistent with
49 U.S.C. 24102(12).
B. Federal Award Information
1. Available Award Amount
The total funding available for awards under this NOFO is
$198,000,000 made available by the Appropriations Act. Should
additional Partnership Program funds become available after the release
of this NOFO, FRA may elect to award such additional funds to
applications received under this NOFO. Any selection and award under
this NOFO is subject to the availability of appropriated funds.
2. Award Size
There are no predetermined minimum or maximum dollar thresholds for
awards. FRA anticipates making multiple awards with the available
funding. Given the limited amount of funding currently available, FRA
may not be able to award grants to all eligible applications even if
they meet or exceed the stated evaluation criteria (see Section E,
Application Review Information). Projects may require more funding than
is available. FRA encourages applicants to propose a project that has
operational independence or a component of such project and that can be
completed and implemented with funding under this NOFO as a part of the
total project cost together with other, non-Federal sources. (See
Section C(3)(c) for more information.)
Applicants proposing a Major Capital Project may identify and
describe project phases or elements that could be candidates for
subsequent Partnership Program funding, if such funding becomes
available. Applications for a Major Capital Project that would seek
future funds beyond funding made available in this notice should
indicate anticipated annual Federal funding requests from this program
for the expected duration of the project. FRA may issue Letters of
Intent to Partnership Program grant recipients proposing Major Capital
Projects under 49 U.S.C. 24911(g); such Letters of Intent would serve
to announce FRA's intention to obligate an amount from future available
budget authority toward a grant recipient's future project phases or
elements. A Letter of Intent is not an obligation of the Federal
government and is subject to the availability of appropriations for
Partnership Program grants and subject to Federal laws in force or
enacted after the date of the Letter of Intent.
4. 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 term
``grant'' is used throughout this document and is intended to reference
funding awarded through a grant agreement, as well as funding awarded
through a cooperative agreement. The funding provided under this NOFO
will be made available to grantees on a reimbursable basis. Applicants
must certify that their expenditures are allowable, allocable,
reasonable, and necessary to the approved project before seeking
reimbursement from FRA. Additionally, the grantee is expected to expend
matching funds at the required percentage concurrent with Federal funds
throughout the life of the project. See an example of standard terms
and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/Details/L19057. This template is subject to revision.
5. Concurrent Applications
DOT and FRA may be concurrently soliciting applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for funding under this NOFO, applicants must indicate the other
program(s) to which they submitted or plan to submit an application for
funding the entire project or certain 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).
C. Eligibility Information
This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and project
component operational independence. Applications that do not meet the
requirements in this section will be ineligible for funding.
Instructions for submitting eligibility information to FRA are detailed
in Section D of this NOFO.
1. Eligible Applicants
The following entities are eligible applicants for all projects
permitted under this notice:
(1) A State (including the District of Columbia);
(2) a group of States;
(3) an Interstate Compact;
(4) a public agency or publicly chartered authority established by
one or more States; \3\
---------------------------------------------------------------------------
\3\ See Section D(2)(a)(iv) for supporting documentation
required to demonstrate eligibility under this eligibility category.
---------------------------------------------------------------------------
(5) a political subdivision of a State;
(6) Amtrak, acting on its own behalf or under a cooperative
agreement with one or more states; or
(7) any combination of the entities described in (1) through (6).
Applications must identify a lead applicant. The lead applicant
serves as the primary point of contact for the application, and if
selected, as the grantee of the Partnership Program grant award. To
submit a joint application, the lead applicant must identify the joint
applicant(s) and include a signed statement from an authorized
representative of each joint applicant entity that affirms the entity
joins the application. See Section D(2) for further instructions about
submitting a joint application.
An application submitted by Amtrak and one or more States, whether
eligible under (1), (2) or (6) above, must identify the lead applicant
and include a signed cooperative agreement between Amtrak and the
state(s) consistent with 49 U.S.C. 24911(a)(1)(F). Selection preference
will be provided for joint applications, as further discussed in
Section E(1)(c). Applications may reference entities that are not
eligible applicants (e.g., private sector firms) in an application as a
partner in project funding or implementation, but ineligible entities
do not qualify as lead or joint applicants. FRA will provide selection
preference only to joint applications submitted by multiple eligible
applicants.
2. Cost Sharing or Matching
The Federal share of total costs for Partnership Program projects
funded under this notice shall not exceed 80 percent. FRA will provide
selection preference to applications where the proposed Federal share
of total project
[[Page 70586]]
costs is 50 percent or less. The estimated total cost of a project must
be based on the best available information, including engineering
studies, studies of economic feasibility, environmental analyses, and
information on the expected use of equipment and/or facilities.
Additionally, in preparing estimates of total project costs, applicants
may use FRA's cost estimate guidance documentation, ``Capital Cost
Estimating: Guidance for Project Sponsors,'' which is available at:
https://www.fra.dot.gov/Page/P0926.
The minimum 20 percent non-Federal share may be comprised of public
sector (e.g., State or local) or private sector funding. FRA will not
consider any Federal financial assistance \4\ or any non-Federal funds
already expended (or otherwise encumbered) toward the matching
requirement, unless compliant with 2 CFR part 200. In-kind
contributions, including the donation of services, materials, and
equipment, may be credited as a project cost, in a uniform manner
consistent with 2 CFR 200.306.
---------------------------------------------------------------------------
\4\ See Section D(2)(a)(iii) for supporting information required
to demonstrate eligibility of Federal funds for use as match.
---------------------------------------------------------------------------
If Amtrak is an applicant, Amtrak may use its ticket and other non-
Federal revenues generated from its operations and other sources to
satisfy the non-Federal share requirements. Applicants must identify
the source(s) of their matching and other funds and must clearly and
distinctly reflect these funds as part of the total project cost.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See Section D(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
a. Project Eligibility
The following rail projects within the United States to replace or
rehabilitate Qualified Railroad Assets and improve Intercity Passenger
Rail performance are eligible for funding under 49 U.S.C. 24911, the
Appropriations Act, and this NOFO:
(1) Capital Projects to replace existing assets in-kind;
(2) Capital Projects to replace existing assets with assets that
increase capacity or provide a higher level of service;
(3) Capital Projects to ensure that service can be maintained while
existing assets are brought to a State of Good Repair; and
(4) Capital Projects to bring existing assets into a State of Good
Repair.
Qualified Railroad Assets, as further defined in Section A(2), are
owned or controlled by an eligible applicant and may include:
Infrastructure, including track, ballast, switches and interlockings,
bridges, communication and signal systems, power systems, highway-rail
grade crossings, and other railroad infrastructure and support systems
used in intercity passenger rail service; stations, including station
buildings, support systems, signage, and track and platform areas;
equipment, including passenger cars, locomotives, and maintenance-of-
way equipment; and facilities, including yards and terminal areas and
maintenance shops. Capital Projects, as further defined in Section
A(2), may include PE, NEPA, Final Design, Construction, or expenses
incidental to the acquisition or Construction of a Capital Project.
Corridor or project-specific planning studies are not eligible. Pre-
Construction activities are eligible for funding independently or in
conjunction with proposed funding for construction.
PE/NEPA examples include: Engineering drawings and specifications
(scale drawings at the 30% design level, including track geometry as
appropriate); design criteria, schematics and/or track charts that
support the development of PE; and work that can be funded in
conjunction with developing PE, such as operations modeling, surveying,
project work/management plans, preliminary cost estimates, and
preliminary project schedules. PE/NEPA projects funded under this NOFO
must be sufficiently developed to support FD or Construction
activities. (See Section D(2)(a)(xii) for additional information.)
b. Additional Eligibility Requirements for NEC Projects
This section provides additional eligibility requirements for NEC
Projects. Applicants proposing Non-NEC Projects are not subject to the
requirements in this section and do not need to respond to them in
their application and may proceed to Section C(3)(c) below.
In the Partnership Program, grant funds may not be provided to an
eligible recipient for an eligible NEC Project unless Amtrak and the
public authorities providing commuter rail passenger transportation at
the eligible project location on the NEC are in compliance with 49
U.S.C. 24905(c)(2). Applicants must demonstrate compliance with 49
U.S.C. 24905(c)(2) by describing the status of compliance with such
cost-allocation policy between Amtrak and the public authorities
providing commuter rail passenger transportation at the eligible
project location, which may include demonstrating that such authorities
are excepted from allocating costs for the proposed NEC Project, such
as for a project that solely benefits intercity passenger rail,
consistent with 49 U.S.C. 24905(c)(1)(A)(ii). Such providers must
maintain compliance with 49 U.S.C. 24905(c)(2) for the duration of the
project.
c. Project Component
If an applicant requests funding for a project that is a component
or set of components of a larger project, the project component(s) must
be attainable with the award amount and comply with all eligibility
requirements described in Section C.
In addition, the component(s) must enable independent analysis and
decision making, as determined by FRA under NEPA (i.e., have
independent utility, connect logical termini, and do not restrict the
consideration of alternatives for other reasonably foreseeable rail
projects).
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
that will not count against the Project Narrative 25-page limit.
1. Address To Request Application Package
Applicants must submit all application materials in their entirety
through https://www.Grants.gov no later than 5:00 p.m. ET, on March 7,
2022. 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.
[[Page 70587]]
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 Lou Lorello, Office of the Chief Financial
Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Room W36-111, Washington, DC 20590; email: [email protected]; phone:
202-493-8026.
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. Additionally,
applicants selected to receive funding must satisfy the requirements in
49 U.S.C. 22905 explained in part at https://www.fra.dot.gov/page/P0185
and further in section F.2 of this notice.
Required documents for an application package are outlined in the
checklist below.
Project Narrative (see D.2.a).
Statement of Work (see D.2.b.i).
Benefit-Cost Analysis (see D.2.b.ii).
Environmental Compliance Documentation (see D.2.b.iii).
SF424--Application for Federal Assistance.
SF 424C--Budget Information for Construction, or, for an
equipment procurement project or non-Construction project, SF 424A--
Budget Information for Non-Construction.
SF 424D--Assurances for Construction, or, for an equipment
procurement project or non-Construction project, SF 424B--Assurances
for Non-Construction.
FRA's Additional Assurances and Certifications.
SF LLL--Disclosure of Lobbying Activities.
Draft Agreement required under 49 U.S.C. 22905(c)(1), if
applicable (see D.2.b.xi).
a. Project Narrative
This section describes the minimum content required in the Project
Narrative of grant applications. The Project Narrative must follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.
I. Cover Page............................ See D.2.a.i
II. Project Summary...................... See D.2.a.ii
III. Project Funding..................... See D.2.a.iii
IV. Applicant Eligibility Criteria....... See D.2.a.iv
V. Non-NEC Project Eligibility Criteria.. See D.2.a.v
VI. NEC Project Eligibility Criteria..... See D.2.a.vi
VII. Detailed Project Description........ See D.2.a.vii
VIII. Project Location................... See D.2.a.viii
IX. Grade Crossing Information, if See D.2.a.ix
applicable.
X. Evaluation and Selection Criteria..... See D.2.a.x
XI. Project Implementation and Management See D.2.a.xi
XII. Environmental Readiness............. See D.2.a.xii
The above content must be provided in a narrative statement
submitted by the applicant. The Project Narrative may not exceed 25
pages in length (excluding cover pages, table of contents, and
supporting documentation). FRA will not review or consider Project
Narratives beyond the 25-page limitation. If possible, applicants
should submit supporting documents via website links rather than hard
copies. If supporting documents are submitted, applicants must clearly
identify the relevant portion of the supporting document with the page
numbers of the cited information in the Project Narrative. The Project
Narrative must adhere to the following outline.
i. Cover Page: Include a cover page that lists the following
elements in either a table or formatted list:
------------------------------------------------------------------------
------------------------------------------------------------------------
Project Title ...........................
Lead Applicant Name ...........................
Joint Applicant(s) Name(s), if any ...........................
Amount of Federal Funding Requested Under ...........................
this NOFO
Proposed Non-Federal Match ...........................
Total Project Cost ...........................
Was a Federal Grant Application Previously Yes/No
Submitted for this Project?.
If Yes, State the Name of the Federal Grant Federal Grant Program:
Program and Title of the Project in the
Previous Application.
City(-ies), State(s) Where the Project is ...........................
Located
Congressional District(s) Where the Project ...........................
is Located
------------------------------------------------------------------------
ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project and what the 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, and total
project cost. Identify the source(s) of matching and other funds, and
clearly and distinctly reflect these funds as part of the total project
cost in the application budget. Include funding commitment letters
outlining funding agreements, as attachments or in an appendix. If
Federal funding is proposed as match, demonstrate the applicant's
determination of eligibility for such use, and the legal basis for that
determination. Also, note if the requested Federal funding under this
NOFO or other programs must be obligated or spent by a certain date due
to dependencies or relationships with other Federal or non-Federal
funding sources, related projects, law, or other factors. If
applicable, provide the type and estimated value of any proposed in-
kind contributions, as well as substantiate how the contributions meet
the requirements in 2 CFR 200.306. For a Major Capital Project that
would seek future funds beyond funding made available in this notice,
provide the anticipated annual Federal funding requests from this grant
program, anticipated future non-Federal match, and total project cost
for the entire expected duration of the project. Finally, specify
whether Federal funding for the project has previously been sought, and
identify the Federal program and fiscal year of the funding request(s),
as well as highlight new or revised information in the Partnership
Program application that differs from the application(s) to other
financial assistance programs.
Example Project Funding Table:
----------------------------------------------------------------------------------------------------------------
Task name/project Percentage of total
Task No. component Cost cost
----------------------------------------------------------------------------------------------------------------
1
2
----------------------------------------------------------------------------------------------------------------
[[Page 70588]]
Total Project 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 Project Costs Spent in a Rural Area
Pending Federal Funding Requests
----------------------------------------------------------------------------------------------------------------
iv. Applicant Eligibility Criteria: Explain how the lead applicant
and joint applicant(s) meet the applicant eligibility criteria outlined
in Section C of this notice. For public agencies and publicly chartered
authorities established by one or more States, the explanation must
include citations to the applicable enabling legislation. To submit a
joint application, the lead applicant must identify the joint
applicant(s) and include a signed statement from an authorized
representative of each joint applicant entity that affirms the entity
joins the application.
For joint applications involving Amtrak and one or more States,
Amtrak and the State(s) must provide a cooperative agreement for the
project signed by authorized representatives of Amtrak and each State.
Joint applications are expected to include a description of the roles
and responsibilities of each applicant, including budget and
subrecipient information showing how the applicants will share project
costs.
v. Non-NEC Project Eligibility Criteria: This section provides
project eligibility requirements for Non-NEC Projects. Applicants
proposing NEC Projects may skip this section and proceed to section
D(2)(a)(vi). For Non-NEC Projects, demonstrate that the proposed
project is a Capital Project that meets the project eligibility
criteria in Section C(3) of this notice. Further, demonstrate that the
infrastructure, equipment and/or facilities involved in the proposed
project are Qualified Railroad Assets under 49 U.S.C. 24911(a)(5), as
follows:
(A) To demonstrate ownership or control by an eligible applicant
under 49 U.S.C. 24911(a)(5)(A), show either:
(1) The lead or joint applicant owns or will, at project
completion, have ownership of the infrastructure, equipment, or
facility improved by the project; or
(2) The lead or joint applicant controls or will, at project
completion, have control over the infrastructure, equipment, or
facility improved by the project including by agreement with the
infrastructure, equipment, or facility owner(s). Applicants should
describe such agreement(s) in sufficient detail in their application
for FRA to understand the extent of the control, including the lead or
joint applicant's management and decision-making authority regarding
the infrastructure, equipment, or facility improved by the project, and
the remaining or anticipated duration of the agreement(s). Agreements
involving railroad rights-of-way should also demonstrate the lead or
joint applicant has train dispatching and maintenance-of-way
responsibilities for the right-of-way.
(B) To demonstrate the requirements under 49 U.S.C. 24911(a)(5)(B),
show that the infrastructure, equipment, or facilities involved in the
proposed project are contained in a planning document equivalent to the
planning document developed under 49 U.S.C. 24904 and for which a
similar cost-allocation policy to the cost-allocation policy developed
under 49 U.S.C. 24905(c) has been developed.
Non-NEC Projects may satisfy the equivalent planning document
requirement described above by demonstrating the project is contained
in the planning document(s) prepared under 49 U.S.C. Chapter 227,
``State Rail Plans,'' for the State(s) where the infrastructure,
equipment and facilities are located or in primary use. Applicants with
projects contained in a State Rail Plan should indicate the location
(e.g., table or page number) where the project is discussed in the
document. If a project is not contained in the State Rail Plan,
applicants may demonstrate the infrastructure, equipment and facilities
involved in the proposed project are contained in an alternate
equivalent planning document or amend the relevant State Rail Plan(s)
to contain the project. Amending a State Rail Plan requires a letter to
FRA from an authorized representative of the relevant State rail
transportation authority adding the proposed project to the plan and
stating that the letter serves as an addendum to the current plan. Such
a letter should include the project name, a brief description of the
project, and estimated project cost and Federal and non-Federal share
by funding source. FRA encourages State rail transportation authorities
to make any such addendum letters publicly available with their State
Rail Plans. FRA recommends such letters be submitted as part of an
applicant's Partnership Program application via Grants.gov. Whether
submitted as part of a Partnership Program application package or
separately to FRA, FRA must receive the letter by the application due
date of this notice.
Non-NEC Projects must satisfy the similar cost-allocation policy
requirement either by demonstrating the infrastructure, equipment or
facilities involved in the proposed project are for routes subject to
the cost-sharing methodology adopted under Section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (PRIIA), Public Law 110-
432, Oct. 16, 2008; or by demonstrating the infrastructure, equipment
or facilities involved in the proposed project are subject to a similar
cost-sharing or cost-allocation policy.
(C) To demonstrate the state of good repair requirement under 49
U.S.C. 24911(a)(5)(B):
(1) Describe the condition and performance of the infrastructure,
equipment, or facility as of the time of enactment of the Passenger
Rail Reform and Investment Act of 2015 (Dec. 4, 2015);
(2) indicate how the infrastructure, equipment, or facility's
condition or performance falls short of the definition of ``State of
Good Repair'' in Section A(2); and
(3) indicate, if known, when the infrastructure, equipment, or
facility last received comprehensive repair, replacement, or
rehabilitation work similar to the applicant's proposed scope of work.
vi. NEC Project Eligibility Criteria: This section provides project
eligibility requirements for NEC Projects. (Applicants proposing Non-
NEC Projects may skip this section and proceed to Section
D(2)(a)(vii).) For NEC Projects, demonstrate that the proposed project
is a Capital Project that meets the project eligibility criteria in
Section C(3) of this notice including the requirements in 49 U.S.C.
24911(e). Further, demonstrate that the
[[Page 70589]]
infrastructure, equipment, and/or facilities involved in the project
are Qualified Railroad Assets under 49 U.S.C. 24911(a)(5), as follows:
(A) To demonstrate ownership or control by an eligible applicant
under 49 U.S.C. 24911(a)(5)(A), show either:
(1) The lead or joint applicant owns or will, at project
completion, have ownership of the infrastructure, equipment, or
facility improved by the project; or
(2) The lead or joint applicant controls or will, at project
completion, have control over the infrastructure, equipment, or
facility improved by the project including by agreement with the
infrastructure, equipment, or facility owner(s). Applicants should
describe such agreement(s) in sufficient detail in their application
for FRA to understand the extent of the control, including the lead or
joint applicant's management and decision-making authority regarding
the infrastructure, equipment, or facility improved by the project, and
the remaining or anticipated duration of the agreement(s). Agreements
involving railroad rights-of-way should also demonstrate the lead or
joint applicant has train dispatching and maintenance-of-way
responsibilities for the right-of-way.
(B) To demonstrate the requirements under 49 U.S.C. 24911(a)(5)(B),
show that the infrastructure, equipment, or facilities involved in the
proposed project are contained in the planning document developed under
49 U.S.C. 24904 and for which a cost-allocation policy has been
developed under 49 U.S.C. 24905(c), or are contained in an equivalent
planning document and for which a similar cost-allocation policy has
been developed.
NEC Projects must satisfy the planning document requirement by
demonstrating the project is contained in the current approved planning
document developed under 49 U.S.C. 24904 (i.e., the NEC Commission
Five-Year Capital Investment Plan). Applicants with projects contained
this plan should indicate the location (e.g., table or page number)
where the project in discussed in the document. If an NEC Project is
not contained in the 49 U.S.C. 24904 planning document at the time of
this notice, applicants may demonstrate that the infrastructure,
equipment and facilities involved in the proposed project are contained
in an equivalent planning document or update the 49 U.S.C. 24904
planning document to contain the project by the due date for
applications under this notice. An equivalent planning document may
include a planning document developed under 49 U.S.C. 24320(c).
NEC Projects must satisfy the cost-allocation policy requirement by
demonstrating the infrastructure, equipment, or facilities are subject
to the cost-allocation policy developed under 49 U.S.C. 24905(c) (i.e.,
Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy),
or a similar cost-allocation policy.
(C) To demonstrate the state of good repair requirement under 49
U.S.C. 24911(a)(5)(C), the NEC applicant must:
(1) Describe the condition and performance of the infrastructure,
equipment, or facility as of the time of enactment of the Passenger
Rail Reform and Investment Act of 2015 (Dec. 4, 2015);
(2) indicate how the infrastructure, equipment, or facility's
condition or performance falls short of the definition of ``State of
Good Repair'' in Section A(2); and
(3) indicate, if known, when the infrastructure, equipment, or
facility last received comprehensive repair, replacement, or
rehabilitation work similar to the applicant's proposed scope of work.
vii. Detailed Project Description: Include a detailed project
description that expands upon the brief project summary. This detailed
description should provide, at a minimum: Additional background on the
transportation challenges the project aims to address; a summary of
current and proposed railroad operations in the project area, to
include identification of all railroad owners and operators, typical
daily, weekly, or annual train counts by operator, and ridership data
for passenger operations \5\; the primary expected project outcomes
such as increased ridership, reduced delays, improved rail network
asset condition and performance, or similar outcomes and benefits; the
expected users and beneficiaries of the project, including all railroad
operators and types of passenger or freight rail service operating or
proposed to operate in the project area; the specific components and
elements of the project; and any other information the applicant deems
necessary to justify the proposed project. Applicants with Major
Capital Projects are encouraged to identify and describe project phases
or elements that would be candidates for subsequent Partnership Program
funding if such funding becomes available. Include information to
demonstrate the project is reasonably expected to begin construction in
a timely manner. For all projects, applicants must provide information
about proposed performance measures, as described in Section F(3)(c)
and required in 2 CFR 200.301.
---------------------------------------------------------------------------
\5\ Given the on-going impact of the COVID-19 pandemic,
applicants may provide pre-pandemic ridership data (i.e., fiscal or
calendar year 2019 data), as well as more recent ridership data.
---------------------------------------------------------------------------
viii. Project Location: Include geospatial data for the project, as
well as a map of the project's location. On the map, include the
Congressional districts in which the project will take place.
ix. Grade Crossing Information, if applicable: For any project that
includes grade crossing components, cite specific DOT National Grade
Crossing Inventory information, including the railroad that owns the
infrastructure (or the crossing owner, if different from the railroad),
the primary railroad operator, the DOT crossing inventory number, and
the roadway at the crossing. Applicants can search for data to meet
this requirement at the following link: https://safetydata.fra.dot.gov/OfficeofSafety/default.aspx.
x. Evaluation and Selection Criteria: Include a thorough discussion
of how the proposed project meets all of the evaluation and selection
criteria, as outlined in Section E of this notice. If an application
does not sufficiently address the evaluation criteria and the selection
criteria, it is unlikely to be a competitive application. To support a
finding of eligibility, for projects that are on a shared corridor with
Commuter Railroad Passenger Transportation, clearly demonstrate how the
proposed project directly benefits Intercity Passenger Rail
Transportation and that funding the proposed project would be a
reasonable investment in Intercity Passenger Rail Transportation,
independent and separate from consideration of the proposed project's
benefits to Commuter Railroad Passenger Transportation.
xi. Project Implementation and Management: Describe proposed
project implementation and project management arrangements, including
between the lead and joint applicants, if any. Include descriptions of
the expected arrangements for project contracting, contract oversight
and control, change-order management, risk management, and conformance
to Federal requirements for project progress reporting (see https://www.fra.dot.gov/Page/P0274). Describe past experience in managing and
overseeing similar projects. For Major Capital Projects, explain plans
for a rigorous project management and oversight approach.
xii. Environmental Readiness: If the NEPA process is complete, an
applicant should indicate the date of completion, and provide a website
link or other
[[Page 70590]]
reference to the documents demonstrating compliance with NEPA, which
might include a final Categorical Exclusion, Finding of No Significant
Impact, or Record of Decision. If the NEPA process is not yet underway,
the application should state this. If the NEPA process is underway, but
not complete, the application should detail the type of NEPA review
underway, where the project is in the process, and indicate the
anticipated date of completion of all NEPA-related milestones. If the
last agency action with respect to NEPA documents occurred more than
three years before the application date, the applicant should describe
why the project has been delayed and why NEPA documents have not been
updated and include a proposed approach for verifying and, if
necessary, updating this material in accordance with applicable NEPA
requirements. Additional information regarding FRA's environmental
processes and requirements are located at https://www.fra.dot.gov/environment.
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 can monitor progress toward completing project tasks and
deliverables during a prospective grant's period of performance.
Applicants must use FRA's standard SOW, schedule, and budget templates
to be considered for award. The templates are located at https://www.fra.dot.gov/Page/P0325.
When preparing the budget, the total cost of a project must be
based on the best available information as indicated in cited
references that include engineering studies, economic feasibility
studies, environmental analyses, and information on the expected use of
equipment or facilities. For Major Capital Projects, the SOW must
include annual budget estimates and anticipated Federal funding for the
expected duration of the project.
ii. A Benefit-Cost Analysis consistent with 49 U.S.C.
24911(d)(2)(A), as an appendix to the Project Narrative for each
project submitted by an applicant. The BCA should demonstrate in
economic terms the merit of investing in the proposed project. The BCA
should include anticipated private and public benefits relative to the
costs of the proposed project, including the project's anticipated:
i. Effects on system and service performance;
ii. effects on safety, competitiveness, reliability, trip or
transit time, and resilience;
iii. efficiencies from improved integration with other modes; and
iv. ability to meet existing or anticipated demand.
The BCA should be systematic, data driven, and examine the trade-
offs between reasonably expected project costs and benefits. Applicants
are encouraged to include quantifiable railroad data related to the
Qualified Railroad Assets involved in the project, such as information
on delay, failure or safety incidents, passengers carried (e.g.,
ridership), daily train movements, or similar metrics. To the extent
feasible, such railroad metrics should be provided discretely for
Intercity Passenger Rail and, if applicable, Commuter Rail Passenger
Transportation and freight rail transportation services involved in the
proposed project. Benefits may be quantified for savings in safety
costs, reduced costs from disruption of service, maintenance costs,
reduced travel time, emissions reductions, and increases in capacity or
ability to offer new types of freight or passenger services. Applicants
may also describe other categories of benefits that are difficult to
quantify such as noise reduction, environmental impact mitigation,
improved quality of life, or reliability of travel times. All benefits
claimed for the project must be clearly tied to the expected outcomes
of the project. BCAs for proposed projects that include benefits to
another transportation mode or service in addition to Intercity
Passenger Rail Transportation (e.g., Commuter Rail Passenger
Transportation, freight rail, or local public transportation), should
provide discrete data and analysis identifying the Intercity Passenger
Rail Transportation portion of project benefits. The complexity and
level of detail in the Benefit-Cost Analysis prepared for the
Partnership Program should reflect the scope and scale of the proposed
project. Please refer to the Benefit-Cost Analysis Guidance for
Discretionary Grant Programs prior to preparing a BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer to the BCA FAQs
on FRA's website (https://railroads.dot.gov/elibrary/consolidated-rail-infrastructure-and-safety-improvements-crisi-and-federal-state) for
some rail-specific examples of how to apply the Benefit-Cost Analysis
Guidance for Discretionary Grant Programs to Partnership applications.
iii. Environmental compliance documentation, as applicable, if a
website link is not cited in the Project Narrative.
iv. SF 424--Application for Federal Assistance.
v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
vii. FRA's Additional Assurances and Certifications.
viii. SF LLL--Disclosure of Lobbying Activities.
ix. 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.
x. 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 3 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 3 years for cause or default
(including material failure to comply).
xi. Draft Agreement required under 49 U.S.C. 22905(c)(1), if
applicable. As a condition of receiving a grant under this program for
a project that uses rights-of-way owned by a railroad, the grant
recipient shall have in place a written agreement between the grant
recipient and the railroad regarding such use and ownership, including
any compensation for such use; assurances regarding the adequacy of
infrastructure capacity to accommodate both existing and future freight
and passenger operations; an assurance by the railroad that collective
bargaining agreements with the railroad's employees including terms
regulating the contracting of work) will remain in full force and
effect according to their terms for work performed by the railroad on
the railroad transportation corridor; and an assurance that the grant
recipient complies with liability requirements consistent with 49
U.S.C. 28103.
[[Page 70591]]
xii. FRA F 251, Applicant Financial Capability Questionnaire.
Forms needed for the electronic application process are at
www.Grants.gov.
c. Post-Selection Requirements
See Section F(2) of this notice for post-selection requirements.
3. Unique Entity Identifier and System for Award Management (SAM)
To apply for funding through Grants.gov, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration all as described in detail below.
Complete instructions on how to register and submit an application can
be found at www.Grants.gov. Registering with Grants.gov is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for a
late application.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable Data Universal Numbering System (DUNS)
and SAM requirements and if an applicant has not fully complied with
the requirements by the time the Federal awarding agency is ready to
make a Federal award, the Federal awarding agency may determine that
the applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant. (Please note that if a Dun & Bradstreet DUNS number must be
obtained or renewed, this may take a significant amount of time to
complete). Late applications, including those that are the result of a
failure to register or comply with Grants.gov applicant requirements in
a timely manner, will not be considered. If an applicant has not fully
complied with the requirements by the submission deadline, the
application will not be considered. To submit an application through
Grants.gov, applicants must:
a. Obtain a DUNS Number
A DUNS number is required for Grants.gov registration. The Office
of Management and Budget requires that all businesses and nonprofit
applicants for Federal funds include a DUNS number in their
applications for a new award or renewal of an existing award. A DUNS
number is a unique nine-digit sequence recognized as the universal
standard for the government in identifying and keeping track of
entities receiving Federal funds. The identifier is used for tracking
purposes and to validate address and point of contact information for
Federal assistance applicants, grantees, and subrecipients. The DUNS
number will be used throughout the grant life cycle. Obtaining a DUNS
number is a free, one-time activity. Applicants may obtain a DUNS
number by calling 1-866-705-5711 or by applying online at https://www.dnb.com/us.
b. Register With the SAM at www.SAM.gov
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in Grants.gov. The SAM
database is the repository for standard information about Federal
financial assistance applicants, grantees, and subrecipients.
Organizations that have previously submitted applications via
Grants.gov are already registered with SAM, as it is a requirement for
Grants.gov registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a grantee's immediate and
highest level owner and subsidiaries, as well as on all predecessors
that have been awarded a Federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at www.sam.gov.
c. Create a