Notice of Solicitation of Corridor Proposals and Funding Opportunity for the Corridor Identification and Development Program, 77920-77933 [2022-27559]
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77920
Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
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Carrier Management Information
System. For non-CDL holders, the
Agency reviewed the driving records
from the State Driver’s Licensing
Agency. A summary of each applicant’s
seizure history was discussed in the
November 1, 2022, Federal Register
notice (87 FR 65847) and will not be
repeated in this notice.
These 13 applicants have been
seizure-free over a range of 8 to 38 years
while taking anti-seizure medication
and maintained a stable medication
treatment regimen for the last 2 years. In
each case, the applicant’s treating
physician verified their seizure history
and supports the ability to drive
commercially.
The Agency acknowledges the
potential consequences of a driver
experiencing a seizure while operating a
CMV. However, the Agency believes the
drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds further
that in each case exempting these
applicants from the epilepsy and seizure
disorder prohibition in § 391.41(b)(8)
would likely achieve a level of safety
equal to that existing without the
exemption, consistent with the
applicable standard in 49 U.S.C.
31315(b)(1).
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and include the following: (1) each
driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5T; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
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VII. Conclusion
Based upon its evaluation of the 13
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition in § 391.41(b)(8), subject to
the requirements cited above:
Diane Berggren (OR)
Ryan Freedman (MI)
Jake Higginbotham (NV)
Keith Maat (KS)
Andrew Rieschick (NV)
David Shively (VA)
Carsten Thode (WA)
Ralph Bollman (PA)
Jared Friedman (NY)
Matthew Jacobson (PA)
Matthew Raymond (NY)
Steven Schultz (IL)
Stephen St. Marthe (NC)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) the person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–27537 Filed 12–19–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Solicitation of Corridor
Proposals and Funding Opportunity
for the Corridor Identification and
Development Program
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of solicitation and
funding opportunity (notice).
AGENCY:
This notice details the
application requirements and
procedures for the selection of eligible
corridors to participate in the Corridor
Identification and Development
Program and obtain grant funding
appropriated in fiscal year 2022. This
notice solicits applications for the
Corridor Identification and
Development Program funds made
available by the Infrastructure
Investment and Jobs Act and subsequent
appropriations. The opportunity
SUMMARY:
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described in this notice is made
available under Assistance Listings
Number 20.326, ‘‘Federal-State
Partnership for Intercity Passenger
Rail.’’
Applications for selection and
funding under the Corridor
Identification and Development
program (Corridor ID Program or
Program) under this notice are due no
later than 5 p.m. ET, March 20, 2023.
Applications that are incomplete or
received after 5 p.m. ET on March 20,
2023 will not be considered. See section
(D) of this notice for additional
information on the application process.
ADDRESSES: Applications must be
submitted via www.Grants.gov. Only
applicants who comply with all
submission requirements described in
this notice and submit applications
through www.Grants.gov will be eligible
for selection and award under the
Corridor ID Program.
FOR FURTHER INFORMATION CONTACT: For
further information related to this
notice, please contact Peter Schwartz,
Acting Director, Office of Railroad
Planning and Engineering, by email:
PaxRailDev@dot.gov or by telephone:
202–493–6360.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA
recommends that applicants read this
notice in its entirety prior to preparing
application materials. Definitions of key
terms used throughout the notice are
provided in section (A)(2) below. These
key terms are capitalized throughout the
notice. There are several administrative
prerequisites and specific eligibility
requirements described herein with
which applicants must comply.
Additionally, applicants should note
that the required Corridor Narrative
component of the application package
may not exceed 15 pages in length.
DATES:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
1. Executive Summary
On November 15, 2021, President
Biden signed into law the Infrastructure
Investment and Jobs Act, also known as
the Bipartisan Infrastructure Law (BIL).
Public Law 117–58. The BIL authorized
the Secretary of Transportation to
establish the Corridor ID Program to
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facilitate the development of intercity
passenger rail corridors. 49 U.S.C.
25101(a). The BIL also provided an
historic, unprecedented level of funding
for the improvement and expansion of
intercity passenger rail service.
Infrastructure Investment and Jobs Act,
Public Law 117–58, div. J, title VIII
(Nov. 15, 2021). The Federal Railroad
Administrator is delegated the authority
to establish and administer the Corridor
ID Program. 49 CFR 1.89(a).
FRA conducted extensive outreach in
connection with the new Corridor ID
Program. FRA published a Request for
Information in the Federal Register on
February 7, 2022, seeking comments on
the Program and how it can best serve
stakeholders and the public. FRA–2022–
0006–0001. FRA also conducted three
listening sessions on the Corridor ID
Program, on February 16 and 17, 2022,
with eligible entities, host railroads, and
other stakeholders, respectively. In
compliance with BIL requirements, 49
U.S.C. 25101(a), FRA published a
Federal Register notice on May 13,
2022, that formally established the
Program, provided a general description
of Program components, and
highlighted FRA’s intent to publish a
notice in the last calendar quarter of
2022 soliciting proposals for Corridors
to participate in the Program. 87 FR
29432. In that notice, FRA encouraged
further stakeholder engagement by
requesting that interested eligible
entities submit expressions of interest to
the FRA, in advance of FRA’s formal
solicitation, to facilitate further
discussions.
In this notice, FRA is now soliciting
proposals for Corridors for selection and
funding in the initial round of the
Corridor ID Program.
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2. Definitions of Key Terms
Terms defined in this section are
capitalized throughout this notice.
1. ‘‘Implementation’’ means the final
design and construction lifecycle stages
of a project, as described in FRA’s
Guidance on Development and
Implementation of Railroad Capital
Projects.1
2. ‘‘Intercity Passenger Rail Corridor’’
and ‘‘Corridor’’ mean:
1 FRA published the proposed Guidance on
Development and Implementation of Railroad
Capital Projects in the Federal Register on June 28,
2022. 87 FR 38451; FRA Docket No. FRA–2022–
0035. FRA anticipates that the final Guidance will
be published in the Federal Register soon. The final
Guidance will also be made available in FRA
Docket No. FRA–2022–0035. For further
information related to this notice’s reference to the
Guidance, please contact Peter Schwartz, Acting
Director, Office of Railroad Planning and
Engineering, by email: PaxRailDev@dot.gov or by
telephone: 202–493–6360.
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a. A new intercity passenger rail route
of less than 750 miles;
b. The enhancement of an existing
intercity passenger rail route of less than
750 miles;
c. The restoration of service over all
or portions of an intercity passenger rail
route formerly operated by Amtrak; or
d. The increase of service frequency of
a long-distance intercity passenger rail
route.
3. ‘‘Project Development’’ means the
lifecycle stage of a project when design,
environmental, and other studies are
conducted, as described in FRA’s
Guidance on Development and
Implementation of Railroad Capital
Projects.
4. ‘‘Project Planning’’ means the
lifecycle stage of a project when project
concepts are developed to establish the
type and scope of capital improvements,
as described in FRA’s Guidance on
Development and Implementation of
Railroad Capital Projects.
5. ‘‘Step 1’’ means the initiation of a
grantee’s Corridor development efforts
under the Program and the development
of a scope, schedule, and cost estimate
for preparing a service development
plan (SDP) for a Corridor.
6. ‘‘Step 2’’ means the preparation of
an SDP (or an update to an existing
SDP) to complete Project Planning work
consistent with FRA’s Guidance on
Development and Implementation of
Railroad Capital Projects.
7. ‘‘Step 3’’ means the preparation of
documentation to complete Project
Development work required to ready the
Corridor (or phase of the Corridor) for
Implementation, including project
designs that are reasonably expected to
conform to all regulatory, safety,
security, and other design requirements,
including those under the American
with Disabilities Act. Such work
includes the completion of preliminary
engineering (PE) and National
Environmental Policy Act (NEPA)
activities, and other documentation for
the Corridor’s capital project(s) to
advance to Implementation, consistent
with FRA’s Guidance on Development
and Implementation of Railroad Capital
Projects.
3. Overview
The Corridor ID Program is a
comprehensive intercity passenger rail
planning and development program that
will help guide intercity passenger rail
development throughout the country
and create a pipeline of intercity
passenger rail projects ready for
Implementation. Unlike previous
Federal intercity passenger rail planning
efforts, the Corridor ID Program is
intended both to support a sustained
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long-term development effort, and to set
forth a capital project pipeline ready for
Federal (and other) funding. The
Corridor ID Program is intended to
become the primary means for directing
Federal financial support and technical
assistance toward the development of
proposals for new or improved intercity
passenger rail services throughout the
United States.
FRA’s selection of a Corridor to
participate in the Program reflects the
agency’s interest in advancing the
Corridor to Implementation and
operation, as well as an FRA decision to
fund planning and development
activities for the Corridor (as further
detailed in this notice). FRA will
consider Corridor applications for
entirely undeveloped concepts for new
or improved Corridors, and for concepts
that have been the subject of past or
ongoing planning and development
efforts.2 For the latter, selection into the
Corridor ID Program will provide the
opportunity to complete or update the
prior Corridor planning and
development efforts.
Applicants may submit applications
for more than one Corridor, under
separate submissions. In every
submission, FRA encourages applicants
to reflect the full scope of the proposed
Corridor. As described in section
(D)(2)(a)(v), applications must address
the applicant’s interest in the potential
scaling of a Corridor proposal and/or
phasing of its Implementation as well as
the prioritization of Corridors (where an
applicant submits applications for
multiple Corridors). As described in
section (E)(2), prior to Corridor
selection, FRA may (at its sole
discretion) engage in a discussion with
an applicant on potential Corridor
scaling, geographic overlaps between
Corridors, and the prioritization of
Corridor proposals (for applicants with
multiple proposed Corridors). These
discussions may result in FRA changes
to the scope, phasing, or prioritization
of a Corridor as proposed in the
application. FRA will not select a
modified Corridor proposal to
participate in the Program without an
applicant’s concurrence.
2 Section 22214 of the BIL also requires FRA to
conduct the Amtrak Daily Long-Distance Service
Study (Long-Distance Study) to evaluate the
restoration of Amtrak daily long-distance services to
include Amtrak routes that have been discontinued,
current Amtrak routes that occur on a nondaily
basis, and potentially new Amtrak long-distance
routes. The Long-Distance Study is required to
develop a prioritized inventory of capital projects
for preferred options for restoring or enhancing
services. Some of the Corridors that the LongDistance Study may assess include ones that are
eligible under the Corridor ID Program.
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Corridor proposals may vary in scope
and may include introducing entirely
new intercity passenger rail services
(using existing or new rail lines);
significantly improving existing services
(e.g., geographic extensions, added
frequencies, or reduced travel times); or
incremental improvements to existing
services. FRA strongly encourages
sponsors and/or operators of existing
intercity passenger rail services that
anticipate pursuing Federal funding for
capital projects aimed at improving that
service to submit applications to the
Corridor ID Program to benefit from the
advantages of the Program described in
this notice.
In addition, FRA strongly encourages
all applicants that have previously
undertaken or are in the process of
undertaking development activities for a
Corridor, with the intent of seeking
Federal funding for Implementation, to
submit applications for those Corridors
under this notice. FRA will review any
previous Corridor development work to
assess whether it is adequate and
appropriate, including whether it
reflects current conditions, with the aim
of incorporating existing work under
this Program to the greatest extent
practicable.
In keeping with the long-range
orientation of the Corridor ID Program,
and subject to the availability of
funding, FRA anticipates issuing
subsequent notices soliciting Corridor
proposals at regular intervals to allow
opportunities for additional Corridors to
participate in the Program. This
approach allows for a consistent
introduction of new Corridors into the
Corridor ID Program for development.
4. Corridor Development Steps
For Corridors selected to participate
in the Corridor ID Program under this
notice, Corridor development will occur
in three, sequenced steps: Step 1, Step
2, and Step 3.
a. Step 1—Corridor Development
Initiation and Scope, Schedule, and
Cost Estimate for Preparing a Service
Development Plan
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Step 1 initiates the grantee’s Corridor
development efforts under the Program
by preparing a scope, schedule, and cost
estimate for developing an SDP, or
updating an existing SDP, for the
selected Corridor.3 Step 1 also includes
3 FRA’s notice establishing the Corridor ID
Program did not address Corridor development
initiation and the preparation of the scope,
schedule, and cost estimate for an SDP. 87 FR
29432. Typically, an applicant for Federal financial
assistance would develop such information
independently. FRA has included these activities in
the Corridor ID Program and is making them
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the grant recipient’s development of its
capability and capacity (including
securing initial staff, contractor support,
and non-Federal financial resources)
necessary to support successfully
preparing the SDP and conducting Step
3 activities, as appropriate. With the
support of these initial resources, the
grantee will work in collaboration with
FRA to develop a scope, schedule, and
cost estimate for preparing an SDP. FRA
expects that selected Corridors will vary
in geographic scope, scale,
characteristics of new intercity
passenger rail service or service
improvement, and previous
development work. Therefore, as part of
Step 1, FRA and the grantee will
collaborate to determine the level of
effort required to successfully prepare or
update an SDP, which will be reflected
in the scope, schedule, and cost
estimate.
The scope, schedule, and cost
estimate will also identify the work
product and deliverables the grantee
will prepare and the sequence for
preparing those documents; the
appropriate level and timing of public
and agency involvement in developing
the SDP; and the process the grantee
will engage in when developing an SDP
to ensure logical decision-making and
appropriate engagement. When
developing the scope for the SDP, FRA
and the grantee will seek opportunities
for the SDP to maximize efficiencies in
subsequent NEPA processes undertaken
for the Corridor. FRA will determine
when the grantee has successfully
completed Step 1.
b. Step 2—Service Development Plan
After the grantee has successfully
completed Step 1 and secured the
required cost share funding (see section
(C)(3) below), the Corridor will advance
to Step 2—preparing an SDP (or
updating an existing SDP). Preparing an
SDP for a selected Corridor, through a
partnership between FRA and the
grantee as required by 49 U.S.C.
25101(d), is a central undertaking under
the Corridor ID Program. In addition,
the grantee and FRA will partner with
relevant States and Amtrak, as
appropriate, in connection with the
preparation of the SDP. 49 U.S.C.
25101(d).
Through engaging in Project Planning,
the SDP will determine and document
how the Corridor will be implemented.
As such, preparing the SDP will identify
the draft purpose and need for intercity
passenger rail development and will
eligible for funding because they are relevant to the
successful development of intercity passenger rail
corridors. See 49 U.S.C. 25101(a)(7).
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incorporate an analysis of alternatives—
that may vary, as applicable, in terms of
geographic route, service characteristics,
and required capital projects—for
implementing the Corridor. The analysis
of alternatives will be supported by
technical transportation planning and
conceptual engineering; high-level
analysis and consideration of
environmental factors associated with
the alternatives; and input provided
through public involvement (please see
DOT’s Promising Practices for
Meaningful Public Involvement in
Transportation Decision-Making at
https://www.transportation.gov/
priorities/equity/promising-practicesmeaningful-public-involvementtransportation-decision-making),
coordination with relevant public
agencies, and, as appropriate,
consultation with Federally recognized
Indian tribes. The SDP will also identify
the governance structure for the
Implementation and operation of the
Corridor.
Because an SDP must include a
‘‘Corridor project inventory that
identifies the capital projects necessary
to achieve the proposed service,’’ 49
U.S.C. 25101(d)(2)), the analysis of
alternatives in the SDP will identify a
single geographic route and set of
service characteristics for the Corridor
with which the list of required capital
projects is associated. The SDP
alternatives analysis is the foundation
for scoping in the Step 3 NEPA process
and will expedite Project Development
and Implementation of selected
Corridors.
Consistent with 49 U.S.C. 25101(d),
the SDP will be prepared through a
partnership between FRA and the
grantee, although the primary
responsibility for preparing the SDP will
lie with the grantee. FRA’s role in
preparing the SDP will include review
and approval of component work
products and deliverables developed in
support of the SDP, along with
participation in and concurrence with
all determinations regarding alternatives
for implementing the Corridor. FRA’s
role in preparing the SDP will be
described in detail in the statement of
work governing the award of Federal
funding to the grantee for Step 2 (see
section (C)(3) below).
SDPs may be prepared as long-range
Corridor planning documents, with the
option to implement in multiple phases.
For example, SDPs may reflect two or
more discrete Implementation phases,
with each phase associated with a
specific geographic scope, set of service
characteristics, and/or improvements
that, if implemented, would
independently benefit intercity
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passenger rail service that would be
operating on an ongoing basis. The
Corridor’s project inventory, required by
49 U.S.C. 25101(d)(2), will be organized
by the capital projects required to
implement each discrete phase. With
this approach, FRA intends to avoid
situations in which a Corridor may be
developed only as an ‘‘all-or-nothing’’
proposition, and to minimize the
possibility that near-term
Implementation of a Corridor would
conflict with the longer-term
Implementation of the Corridor.
At a minimum, an SDP will include
the following information: (1) a detailed
description of the proposed intercity
passenger rail service, including train
frequencies, peak and average operating
speeds, and trip times; (2) a Corridor
project inventory that identifies the
capital projects necessary to achieve the
proposed service and the order in which
Federal funding will be sought; (3) a
schedule and associated phasing of
projects and related service initiation or
changes; (4) project sponsors and other
entities expected to participate in
carrying out the plan; (5) a description
of how the Corridor would comply with
Federal rail safety and security laws; (6)
the locations of existing and proposed
stations; (7) the needs for rolling stock
and other equipment; (8) a financial
plan; (9) a description of how the
Corridor would contribute to the
development of a multi-State regional
network of intercity passenger rail; (10)
an intermodal plan describing how the
new or improved Corridor facilitates
travel connections with other passenger
transportation services; (11) a
description of the anticipated
environmental benefits of the Corridor;
and (12) a description of the corridor’s
impacts on highway and aviation
congestion, energy consumption, land
use, and economic development in the
service area. 49 U.S.C. 25101(d)(1)–(12).
In partnering on the preparation of an
SDP, FRA will consult with Amtrak;
State and regional transportation
authorities and local officials;
representatives of employee labor
organizations representing railroad and
other appropriate employees; host
railroads; 4 and other stakeholders as
determined by FRA. 49 U.S.C. 25101(e).
To the extent applicable, FRA expects
the preparation of an SDP to consider
shared benefits to both freight and
commuter rail operations and that the
grantee and FRA will jointly engage
with host railroads and relevant
commuter rail operators early in the
process to maximize shared benefits
realized by the Corridor. In addition,
every five years after the initial
development of an SDP, if at least 40%
of the work to implement the SDP has
not been completed, as determined by
FRA, then the grantee, in consultation
with FRA, will decide whether the plan
should be updated. 49 U.S.C. 25101(f).
If an SDP update is needed, FRA will
determine the Corridor’s status in the
Corridor ID Program. FRA will
determine when the grantee has
successfully completed the SDP.
c. Step 3—Project Development
Following the successful completion
of Step 2, the Corridor, or one or more
discrete phases of the Corridor, may
advance to Step 3 under the Corridor ID
Program. Step 3 is the Project
Development work required to make
projects identified in the SDP’s Corridor
project inventory ready for
Implementation (i.e., final design and
construction). Project Development
includes the completion of PE, NEPA,
and other documentation for the
Corridor’s capital project(s) to advance
to Implementation, consistent with
FRA’s Guidance on Development and
Implementation of Railroad Capital
Projects. Projects from a Corridor project
inventory may advance to Step 3 as part
of a specific Implementation phase of
the Corridor as identified in the SDP.
FRA will advance into Project
Development only those phases that: are
likely to continue to Implementation
following Project Development; and, if
implemented, would independently
benefit intercity passenger rail service
that would operate on an ongoing basis.
In considering whether a Corridor
Implementation phase is ready to
advance to Step 3, FRA will consider:
(1) the capability, authority, and
experience of the grantee; (2) the
content of the SDP; (3) whether the
grantee has secured the required nonFederal funding for work undertaken as
part of Step 3 (see section (C)(3)); and
(4) whether the Implementation phase is
ready to enter Project Development,
consistent with FRA’s Guidance on
Development and Implementation of
Railroad Capital Projects. FRA will
review development work undertaken
prior to the selection of the Corridor to
participate in the Program to determine
its adequacy and appropriateness, with
the aim of incorporating it into the
completion of Step 3 to the greatest
extent practicable. In addition, FRA may
recommend that a grantee pursue
funding for Step 3 activities under a
program other than the Corridor ID
Program.
FRA will determine when the grantee
has successfully completed Step 3.
5. Funding
Under this notice, FRA will select
Corridors for participation in the
Corridor ID Program. For each selected
Corridor, FRA will initially award the
grantee $500,000 for eligible Step 1
activities. The initial award will not be
subject to any cost sharing. Should the
completion of eligible Step 1 activities
not require the use of the full $500,000
of the initial award, any remaining
funds will be carried forward to the Step
2 award for Step 2 activities.
Upon FRA’s determination that the
grantee has successfully completed Step
1, FRA will award the grantee funds for
eligible Step 2 activities (subject to the
availability of funding). FRA will
determine the funding amount for Step
2 based on the cost estimate developed
in Step 1. As described in section (C),
there is a minimum 10 percent cost
sharing requirement for Step 2
activities.
Following FRA’s determination that
the grantee has successfully completed
Step 2 and is ready to advance to Step
3 as described in section (A)(4)(b), and
subject to the availability of funding,
FRA may award the grantee funds for
eligible Step 3 activities. The amount
and sequence of Step 3 funding will be
based on the SDP, including cost
estimates for completing Project
Development for a phase of the
Corridor. Step 3 funding may be
provided through multiple awards, with
each award funding Step 3 activities for
a specific Implementation phase. As
described in section (C), there is a
minimum 20 percent cost sharing
requirement for Step 3 activities. If there
is not sufficient Federal funding
available under the Corridor ID Program
to award the maximum 80 percent share
of Step 3 costs, FRA may allow a phase
to advance to Step 3 if the grantee has
other funding available to complete the
Step 3 activities for the phase.
Once a Corridor is selected to
participate in the Corridor ID Program,
the grantee does not compete for
Program funding for Step 2 and Step 3.
Instead, funding under the Program is
dictated by a grantee’s successful
completion of a Step, as determined by
FRA. The table below illustrates this
funding sequence.
4 Regular engagement between a grantee and host
railroad(s), where applicable, during Project
Planning are important to the success of a Corridor.
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Step
Work activities
Step 1 ..............................................
Step 2 ..............................................
Step 3 ..............................................
Scope, Schedule, and Cost Estimate for SDP .........................................
SDP ...........................................................................................................
Project Development .................................................................................
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The opportunity described in this
notice is made available under
Assistance Listings Number 20.326,
‘‘Federal-State Partnership for Intercity
Passenger Rail.’’ FRA is authorized to
use up to 5 percent of the funding made
available for the Federal-State
Partnership for Intercity Passenger Rail
grants (Fed-State Partnership) program
to carry out planning and development
activities related to the Corridor ID
Program. 49 U.S.C. 24911(k). Such
activities include: (1) providing funding
to public entities for the development of
SDPs selected under the Corridor ID
Program; (2) facilitating and providing
guidance for intercity passenger rail
systems planning; and (3) providing
funding for the development and
refinement of intercity passenger rail
systems planning analytical tools and
models. 49 U.S.C. 24911(k). In addition,
such planning and development
activities include a Corridor’s Project
Development activities, such as PE and
NEPA, that are relevant to the successful
development of intercity passenger rail
corridors and to the success of the
Program. 49 U.S.C. 25101(a)(7) (FRA
may include in the Program ‘‘such other
features as the [FRA] considers relevant
to the successful development of
intercity passenger rail corridors.’’); see
also 49 U.S.C. 24911(k) (development
activities related to the Corridor ID
Program are eligible for funding).
6. Project Pipeline
Within 1 year of establishing the
Program, and by February 1st of each
year thereafter, FRA will submit a
‘‘project pipeline’’ report to Congress. 49
U.S.C. 25101(g). As FRA established the
Program on May 13, 2022, FRA will
submit the first project pipeline report
to Congress on or before May 13, 2023.
87 FR 29432.
The project pipeline report: (1)
identifies intercity passenger rail
corridors selected for development
under the Program; (2) identifies capital
projects for Federal investment, project
applicants, and proposed Federal
funding levels, as applicable, consistent
with the Corridor project inventory; (3)
specifies the order in which the
Secretary would provide Federal
financial assistance to projects that have
identified sponsors, including a method
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and plan for apportioning funds to
project sponsors for a five-year period;
(4) takes into consideration the
appropriate sequence and phasing of
projects described in the Corridor
project inventory; (5) takes into
consideration the existing commitments
and anticipated Federal, project
applicant, sponsor, and other relevant
funding levels for the next 5 fiscal years;
(6) is prioritized based on the level of
readiness of the Corridor; 5 and (7)
reflects consultation with Amtrak. 49
U.S.C. 25101(g)(1)–(7).
The annual project pipeline report
includes a Program-wide, prioritized list
of projects that have completed Project
Development and are ready for
Implementation. The project pipeline
report will also include a list of projects
that are in Project Development, and
thus are in the process of being prepared
for future inclusion in the project
pipeline.
7. Program Guidance
FRA intends to issue Corridor ID
Program guidance as the Program
advances, including guidance for
Corridors not selected to participate in
the Program. 49 U.S.C. 25101(a)(6).
Following the selection of Corridors
under this notice, FRA will also provide
an opportunity for all applicants with
Corridors not selected to meet with FRA
to receive feedback on their Corridor
proposals.
8. DOT Strategic Goals
FRA will implement the Corridor ID
Program, as appropriate and consistent
with law, in alignment with the
priorities in Executive Order 14052,
Implementation of the Infrastructure
Investments and Jobs Act (86 FR 64355),
which are to invest efficiently and
equitably, promote the competitiveness
of the U.S. economy, improve job
opportunities by focusing on high labor
standards, strengthen infrastructure
5 In connection with the project pipeline report,
FRA’s criteria for determining the level of readiness
for Federal financial assistance of a Corridor
include: (1) identification of a service operator
which may include Amtrak or private rail carriers;
(2) identification of a service sponsor or sponsors;
(3) identification of capital project sponsors; (4)
engagement with the applicable host railroads; and
(5) such other criteria as determined appropriate by
FRA. 49 U.S.C. 25101(a)(3).
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Award amount
Grantee
minimum cost
share
(%)
$500,000
TBD
TBD
0
10
20
resilience to all hazards including
climate change, and to effectively
coordinate with State, local, Tribal, and
territorial government partners.
Through the Corridor ID Program,
FRA seeks to identify Corridors that
reduce greenhouse gas emissions and
can be designed with specific elements
to address climate change impacts.
Specifically, FRA is looking to identify
Corridors that align with the President’s
greenhouse gas reduction goals, promote
energy efficiency, support fiscally
responsible land use and efficient
transportation design, increase climate
resilience, support domestic
manufacturing, and reduce pollution.
FRA also seeks to identify Corridors
that address environmental justice,
particularly for communities that
disproportionally experience climate
change-related consequences.
Environmental justice, as defined by the
Environmental Protection Agency, is the
fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income,
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies. As part of the implementation
of Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86
FR 7619), FRA seeks to identify
Corridors that, to the extent possible,
target at least 40 percent of resources
and benefits towards low-income
communities, disadvantaged
communities, communities underserved
by affordable transportation, or
overburdened communities.6
FRA also seeks to identify Corridors
that proactively address racial equity
and barriers to opportunity, including
automobile dependence, as a form of
6 Overburdened Community: Minority, lowincome, tribal, or indigenous populations or
geographic locations in the United States that
potentially experience disproportionate
environmental harms and risks. This
disproportionality can be as a result of greater
vulnerability to environmental hazards, lack of
opportunity for public participation, or other
factors. Increased vulnerability may be attributable
to an accumulation of negative or lack of positive
environmental, health, economic, or social
conditions within these populations or places. The
term describes situations where multiple factors,
including both environmental and socio-economic
stressors, may act cumulatively to affect health and
the environment and contribute to persistent
environmental health disparities.
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barrier, or redress prior inequities and
barriers to opportunity. Section (E)(1)(c)
describes racial equity considerations
that an applicant can undertake, and
FRA will consider during the review of
applications.
In addition to prioritizing projects
that address climate change, proactively
address racial equity, and reduce
barriers to opportunity, to the extent
possible in Project Planning and Project
Development, FRA intends to use the
Corridor ID Program to support the
creation of good-paying jobs with the
free and fair choice to join a union and
the incorporation of strong labor
standards and training and placement
programs, especially registered
apprenticeships and Local Hire
agreements. Projects that incorporate
such considerations are expected to
support a strong economy and labor
market.
FRA also intends to use the Corridor
ID Program to support Corridors that
encourage transit-oriented development
to the extent it is applicable, for the
purpose of enhancing the economic
vitality and competitiveness of a
neighborhood and region and providing
new spaces and opportunities for
commercial activity and housing.
Section (E) of this notice, which
outlines the Corridor ID Program
selection criteria, describes the process
for selecting Corridors that further these
goals. Section (F)(3) describes progress
and performance reporting requirements
for selected Corridors, including the
relationship between that reporting and
the Corridor ID Program’s selection
criteria.
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B. Federal Award Information
1. Available Award Amount
The funding made available in this
notice comes from FRA’s authority to
use up to 5 percent of the funding made
available for the Fed-State Partnership
program to carry out planning and
development activities related to the
Corridor ID Program. 49 U.S.C.
24911(k). The BIL provided significant
funding for the Fed-State Partnership
program of $7.2 billion for Fiscal Year
2022.7 Public Law 117–58, div. J, title
VIII. FRA may also elect to award
additional available funds to
applications received under this notice
(any selection and award under this
notice is subject to the availability of
appropriated funds).
Importantly, once a Corridor is
selected to participate in the Program
and receive Step 1 funding, additional
funding for Step 2 and Step 3 activities
7 The Fed-State Partnership program is authorized
for additional annual appropriations.
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is not competitive and FRA will award
such funding upon the grantee’s
successful completion of the preceding
step and demonstration of readiness to
proceed, as determined by FRA,
consistent with this notice and the
availability of funding under 49 U.S.C.
24911(k). Any selection and award
under this notice is subject to the
availability of appropriated funds.
programs. In the application for funding
under this notice, applicants must
indicate the other program(s) to which
they submitted an application for
funding the Corridor or certain Corridor
components, as well as highlight new or
revised information in the application
responsive to this notice that differs
from the previously submitted
application(s).
2. Award Size
FRA will award the applicant of a
selected Corridor $500,000 for eligible
Step 1 activities. As described,
subsequent individual awards for Step 2
and Step 3 activities have no
predetermined minimum or maximum
dollar thresholds. FRA anticipates
making multiple Corridor selections
under this notice. FRA may not award
grants to all eligible applications even if
they meet or exceed the stated
evaluation criteria (see section (E)).
C. Eligibility Information
3. Award Type
FRA will make awards for Corridors
selected under this notice through
cooperative agreements. Cooperative
agreements allow for substantial Federal
involvement in carrying out the agreed
upon investment, including technical
assistance, review of interim work
products, and increased program
oversight. See section (A)(4). The use of
cooperative agreements is consistent
with the statutory direction that selected
Corridors be developed through a
partnership between the applicant and
FRA. 49 U.S.C. 25101(d). The term
‘‘grant’’ is used throughout this
document and is intended to reference
funding awarded through a cooperative
agreement. The funding provided under
this notice will be made available to
grantees on a reimbursable basis.
Applicants must certify that their
expenditures are allowable, allocable,
reasonable, and necessary to the
approved project before seeking
reimbursement from FRA. Additionally,
grantees are expected to expend
matching funds at the percentage
required in the grant concurrent with
Federal funds throughout the life of the
project. See an example of standard
terms and conditions for FRA grant
awards at: https://www.fra.dot.gov/eLib/
Details/L19057. This template is subject
to revision.
4. Concurrent Applications
DOT and FRA may be concurrently
soliciting applications for transportation
infrastructure projects for several
financial assistance programs.
Applicants may submit applications
requesting funding for a particular
project to one or more of these
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This section of the notice explains
applicant eligibility, Corridor eligibility,
eligible activities, and cost sharing or
matching requirements. Applications
that do not meet the requirements in
this section are ineligible for funding.
Instructions for submitting eligibility
information to FRA are detailed in
section (D) of this notice.
1. Eligible Applicants
The following entities are eligible to
submit applications to participate in the
Corridor ID Program under this notice:
a. Amtrak.
b. States.
c. Groups of States.
d. Entities implementing interstate
compacts.
e. Regional passenger rail authorities.
f. Regional planning organizations.
g. Political subdivisions of a State.
h. Federally recognized Indian Tribes.
The applicant serves as the primary
point of contact for the application, and
if selected, as the recipient of the
Corridor ID Program grant award. An
application may identify entities that
are not eligible applicants as Corridor
partners.
2. Cost Sharing or Matching
For Step 1 activities, there is no
minimum cost share or match
requirement for Corridors funded under
this notice. For Step 2 activities, the
Federal share of total costs for a
Corridor will not exceed 90 percent.8
For Stage 3 activities, the Federal share
8 The notice establishing the Corridor ID Program
stated that not less than a 20 percent non-Federal
share of eligible costs would be expected for the
Corridor ID Program. 87 FR 29432. While a 20
percent match is consistent with the requirements
of the Fed-State Partnership program, it is not
required for the Corridor ID Program. See 49 U.S.C.
24911(f)(2) (establishing a Federal share of 80
percent for ‘‘a project under this section’’—‘‘this
section’’ is the Fed-State Partnership program
(which does not encompass the Corridor ID
Program). After further consideration, outreach, and
development of the Program, FRA believes a
graduated non-Federal match requirement better
advances the Program by further encouraging
applicants from across the country to participate.
Therefore, as reflected in this notice, FRA will fund
100 percent of the eligible Step 1 activities, up to
90 percent of the eligible Step 2 activities, and up
to 80 percent of the eligible Step 3 activities.
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of total costs for a Corridor will not
exceed 80 percent.
The non-Federal share may be
composed of public sector (e.g., state or
local) and/or private sector funding.
FRA will not consider any non-Federal
funds already expended (or otherwise
encumbered) toward the matching
requirement,9 unless compliant with 2
CFR part 200. In-kind contributions,
including the donation of services,
materials, and equipment, may be
credited as a project cost, in a uniform
manner consistent with 2 CFR 200.306.
Amtrak or another railroad carrier
may use ticket and other non-Federal
revenues generated from its operations
and other sources as matching funds.
Before applying, applicants should
carefully review the principles for cost
sharing or matching in 2 CFR 200.306.
Cost sharing or matching may be used
only for eligible purposes under the
Program and are subject to the
requirements of the Federal award.
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3. Eligible Corridors
An applicant is not limited in the
number of Corridors for which they seek
participation in the Corridor ID
Program. The Corridors that are eligible
under the Corridor ID Program are
defined in section (A)(2). See also 49
U.S.C. 25101(h). That definition is
limited exclusively to intercity
passenger rail routes. As such,
commuter rail services are not
‘‘Corridors’’ under this definition and
are not eligible to participate in the
Program. See 49 U.S.C. 24102(4)
(‘‘[I]ntercity rail passenger
transportation’’ means rail passenger
transportation, except commuter rail
passenger transportation.’’).10 Likewise,
an eligible Corridor must encompass a
geographic scope sufficient to constitute
intercity passenger rail transportation; a
proposal that only consists of a portion
of a route, which if advanced
independently would not constitute
intercity passenger transportation, is not
eligible.
While an eligible Corridor may
include geographic markets and/or
segments that are outside of the United
States (e.g., where a major travel market
outside of the United States is located
in proximity to the international border,
or where a Corridor segment passing
outside of the United States connects
markets lying within the United States),
the Corridor ID Program will focus on
the components of a Corridor that are
located in the United States.
In addition, Corridor eligibility is
limited to proposals that use
technologies that are ready for
deployment and Implementation at the
time of application. Proposals that
include the use of unproven
technologies that are under
development at the time of application
are not eligible.
4. Eligible Activities
For Corridors selected to participate
in the Corridor ID Program, the
following activities are eligible for
funding under 49 U.S.C. 24911(k) and
this notice:
a. Step 1: The initiation of an
applicant’s Corridor development efforts
under the Program (including securing
the professional and technical staff or
contractor support necessary to prepare
an SDP) and the development of a
scope, schedule, and cost estimate for
preparing an SDP for a Corridor.
b. Step 2: The preparation of an SDP
(or an update to an existing SDP)
consistent with 49 U.S.C. 25101(d) and
this notice to complete Project Planning
work consistent with FRA’s Guidance
on Development and Implementation of
Railroad Capital Projects.
c. Step 3: The preparation of all
additional Project Development work
required to ready the Corridor (or the
initial phase or phases of the Corridor)
for Implementation. Such work includes
the completion of PE and NEPA
activities, and other documentation for
the Corridor’s capital project(s) to
advance to Implementation, consistent
with FRA’s Guidance on Development
and Implementation of Railroad Capital
Projects.
D. Application and Submission
Information
1. Address To Request Application
Package
Application materials may be
accessed at https://www.Grants.gov.
I. Cover Page ..................................................................................................................................
II. Corridor Summary .......................................................................................................................
III. Corridor Funding ........................................................................................................................
IV. Applicant Eligibility .....................................................................................................................
V. Detailed Corridor Description ......................................................................................................
VI. Corridor Location .......................................................................................................................
VII. Evaluation and Selection Criteria .............................................................................................
9 See section (F)(2)(a) for supporting information
required to demonstrate eligibility of Federal funds
for use as match.
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10 With that said, a Corridor may jointly benefit
commuter rail services and intercity passenger rail
services and be eligible to participate in the
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Applicants must submit all application
materials in their entirety through
https://www.grants.gov no later than 5
p.m. ET, on March 20, 2023. Applicants
are strongly encouraged to apply early
to ensure that all materials are received
before the application deadline. FRA
reserves the right to modify this
deadline. General information for
submitting applications through
Grants.gov can be found at: https://
www.fra.dot.gov/Page/P0270. FRA is
committed to ensuring that information
is available in appropriate alternative
formats to meet the requirements of
persons who have a disability. If you
require an alternative version of files
provided, please contact Laura
Mahoney, Office of the Chief Financial
Officer, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590;
email: laura.mahoney@dot.gov; phone:
202–578–9337.
2. Content and Form of Application
Submission
FRA strongly advises applicants to
read this section carefully. Applicants
must submit all required information
and components of the application
package to be considered for selection
and funding under the Corridor ID
Program. Applications that are not
submitted on time or do not contain all
required documentation will not be
considered. To support the application,
applicants may provide other relevant
and available optional supporting
documentation that may have been
developed by the applicant.
Required documents for an
application package are described in
subsections (a) and (b) below.
a. Corridor Narrative
This section describes the minimum
content required in the Corridor
Narrative for applications under the
Corridor ID Program. The Corridor
Narrative must follow the basic outline
below to address the Program
requirements and to assist evaluators in
locating relevant information.
See
See
See
See
See
See
See
D.2.a.i.
D.2.a.ii.
D.2.a.iii.
D.2.a.iv.
D.2.a.v.
D.2.a.vi.
D.2.a.vii.
Program, assuming it meets the Corridor criteria as
described in section (A)(2).
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VIII. DOT Strategic Goals ................................................................................................................
The above content must be provided
in a narrative statement submitted by
the applicant. The Corridor Narrative
may not exceed 15 pages in length
(excluding cover pages, table of
contents, and supporting
documentation). FRA will not review or
consider Corridor Narratives beyond the
15-page limitation. If possible,
applicants should submit supporting
documents via website links rather than
hard copies. If supporting documents
are submitted, applicants must clearly
identify the relevant portion of the
supporting document with the page
numbers of the cited information in the
See D.2.a.viii.
Corridor Narrative. The Corridor
Narrative must adhere to the following
outline.
i. Cover Page: Include a cover page
that lists the following elements in
either a table or formatted list:
Corridor Title
Applicant
Was a Federal Grant Application Previously Submitted for this Corridor?
Other sources of Funding for the Corridor? ......................................................................................................
City(-ies), State(s) Where the Corridor is Located
Congressional District(s) Where the Corridor is Located
Is the Corridor currently programmed or identified in: State rail plan, or regional or interregional intercity
passenger rail systems planning study?
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Is the applicant working with other entities in support of the Corridor? ............................................................
ii. Corridor Summary: Provide a brief
4–6 sentence summary of the Corridor.
Include challenges the Corridor aims to
address and summarize the intended
outcomes and anticipated benefits that
will result from the Corridor.
iii. Corridor Funding: If applicable,
indicate in table format the amount of
non-Program funding (both Federal and
non-Federal) available at the time of
application to support eligible activities
under the Program.11 Identify the
source(s) of non-Program funds,
including funding commitment letters
outlining funding agreements, as
attachments or in an appendix. If nonProgram Federal funding is available to
support the development of the
Corridor, demonstrate the applicant’s
determination of eligibility for such use,
and the legal basis for that
determination. Also, note if any
available non-Program funding must be
obligated or spent by a certain date due
to dependencies or relationships with
other Federal or non-Federal funding
sources, related projects, law, or other
factors. Finally, specify whether Federal
funding for the Corridor has previously
been sought, and identify the Federal
program and fiscal year of the funding
11 Although there is not a cost sharing
requirement for the selection of a Corridor to
participate in the Program, as discussed, there is a
cost sharing requirement in connection with Step
2 and Step 3 activities under the Program.
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request(s), as well as highlight new or
revised information in the Corridor ID
Program application that differs from
the application(s) to other financial
assistance programs.
iv. Applicant Eligibility: Explain how
the applicant meets the applicant
eligibility criteria outlined in section (C)
of this notice including where
appropriate citations to applicable
enabling legislation for the applicant.
v. Detailed Corridor Description:
Include a detailed Corridor description
that expands upon the brief Corridor
summary. This detailed description
should address, at a minimum: (1)
information regarding the basic
characteristics of the Corridor, including
the key geographic travel markets that
must be served for the Corridor to fulfill
its intended objectives, high-level initial
estimates, preferably expressed as
ranges or options, of certain Corridor
characteristics (such as the potential
service frequencies and travel times
between the Corridor-defining markets,
the potential geographic routes for the
Corridor (particularly if the subject
Corridor is intended to operate over
existing rail lines), and, for Corridors
with improvements to existing intercity
passenger rail services, a detailed
description of the improvements
proposed to be developed under the
Program); (2) information necessary to
assess the readiness of the Corridor to
enter into planning and development
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Yes/No
If yes, please specify the program,
funding year and project title of
the previous application.
Yes/No
If yes, please specify the source of
funding and the estimated
amount.
Yes/No
If yes, please specify in
which plans the Corridor is currently programmed/identified and
how the plan may be accessed.
Yes/No
If yes, please specify the entities.
under the Program, including
demonstrating the existing level of
commitment of the applicant; (3) a
description of any eligible activities (see
section (C)) that have been completed or
are currently ongoing for the Corridor;
(4) the intended operator of the
Corridor, if known;12 (5) the legal,
technical, and financial capability and
capacity of the applicant and relevant
partners to engage in the planning and
development of the Corridor, as well as
their ability to support and fund the
Implementation and operation of the
Corridor; 13 (6) information on the
challenges the Corridor aims to address;
(7) the expected users and beneficiaries
of the Corridor, including all railroad
operators; (8) the applicant’s interest in
potential scaling of the Corridor
12 For example, Amtrak’s role as operator is
relevant to the Corridor planning and development
process (including the use and improvement of
facilities of host railroads, ongoing operating and
maintenance costs, and requirements regarding the
provision of operating financial support by service
sponsors). In the May 13, 2022, notice that formally
established the Program, FRA indicated that
applications must state whether the Corridor was
intended to be operated by Amtrak. 87 FR 29436.
However, FRA has now determined that this
question may be addressed in Step 1 under the
Program. With that said, if the applicant has made
a determination at the time of application, it should
include that information in the application.
13 The ability to secure such future funding may
be demonstrated by the applicant’s past or current
funding of intercity passenger rail capital
improvements and operations.
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proposal and/or phasing of its
Implementation; (9) for applicants
submitting applications for multiple
Corridors, a listing of all applications
and the applicant’s prioritization of the
Corridors; and (10) any other
information the applicant deems
necessary to justify the Corridor. FRA
may also consider relevant supporting
documentation, such as letters of
support from partnering organizations,
none of which will count against the
Corridor Narrative 15-page limit.
vi. Corridor Location: Include
geospatial data for the Corridor, as well
as a map of the Corridor’s location. For
applications relating to Corridors for
which the route and geographic
alignment is not known, the geospatial
data and map may be limited in detail
to depicting the connections between
the key geographic travel markets that
must be served for the Corridor to fulfill
its intended objectives. Geospatial data
can be expressed in terms of decimal
degrees for latitude and longitude of at
least five decimal places of precision or
start and end mileposts designating
railroad code and subdivision name. On
the map, include the Congressional
districts which the Corridor may
traverse.
vii. Evaluation and Selection Criteria:
Include a thorough discussion of how
the Corridor meets the evaluation and
selection criteria, as outlined in section
(E) of this notice. FRA recognizes that
an applicant may not be able to provide
detailed information in connection with
each of the statutory evaluation criteria
(section (E)(1)(b)(i)). Applicants are
encouraged to provide as much detail
related to those criterion as is available,
and applications will not be penalized
in the evaluation process where detailed
information is not available.
viii. DOT Strategic Goals: To the
extent feasible, applicants should
describe, as applicable, efforts to
consider climate change and
sustainability impacts, as well as efforts
to improve equity and reduce barriers to
opportunity in Corridor planning. In
addition, applicants should describe
how Corridor planning and
development may advance good-paying,
quality jobs and workforce programs
and hiring policies that promote
workforce inclusion. Additional
information about strong labor
standards that grant award recipients
will be expected to meet are described
below in Administrative and National
Policy Requirements (section (F)(2)).
b. Additional Application Elements
Applicants must submit:
i. SF 424—Application for Federal
Assistance.
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ii. SF 424A—Budget Information for
Non-Construction.
iii. SF 424B—Assurances for NonConstruction.
iv. FRA F 30—Certifications
Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying,
located at https://railroads.dot.gov/
elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters.
v. FRA F 251—Applicant Financial
Capability Questionnaire, located at
https://railroads.dot.gov/elibrary/fra-f251.
vi. SF LLL—Disclosure of Lobbying
Activities, if applicable.
Standard OMB Forms needed for the
electronic application process are at
www.Grants.gov.
3. Unique Entity Identifier and System
for Award Management (SAM)
To apply for funding through
Grants.gov, applicants must be properly
registered in SAM before submitting an
application; provide a valid unique
entity identifier in its application; and
continue to maintain an active SAM
registration as described in detail below.
Complete instructions on how to
register and submit an application can
be found at www.Grants.gov. Registering
with Grants.gov is a one-time process;
however, it can take up to several weeks
for first-time registrants to receive
confirmation and a user password. FRA
recommends that applicants start the
registration process as early as possible
to prevent delays that may preclude
submitting an application package by
the application deadline. Applications
will not be accepted after the due date.
Delayed registration is not an acceptable
justification for an application
extension.
FRA may not make a grant award to
an applicant until the applicant has
complied with all applicable SAM
requirements. If an applicant has not
fully complied with these requirements
by the time the Federal awarding agency
is ready to make a Federal award, the
Federal awarding agency may determine
that the applicant is not qualified to
receive a Federal award and use that
determination as a basis for making a
Federal award to another applicant. Late
applications that are the result of a
failure to register or comply with
Grants.gov applicant requirements in a
timely manner will not be considered. If
an applicant has not fully complied
with the requirements by the
submission deadline, the application
will not be considered. To submit an
application through Grants.gov,
applicants must:
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a. Register With the SAM at
www.SAM.gov.
All applicants for Federal financial
assistance must maintain current
registrations in the SAM database. An
applicant must be registered in SAM to
successfully register in Grants.gov. The
SAM database is the repository for
standard information about Federal
financial assistance applicants,
recipients, and subrecipients.
Organizations that have previously
submitted applications via Grants.gov
are already registered with SAM, as it is
a requirement for Grants.gov
registration. Please note, however, that
applicants must update or renew their
SAM registration at least once per year
to maintain an active status. Therefore,
it is critical to check registration status
well in advance of the application
deadline. If an applicant is selected for
an award, the applicant must maintain
an active SAM registration with current
information throughout the period of
the award, including information on a
recipient’s immediate and highest-level
owner and subsidiaries, as well as on all
predecessors that have been awarded a
Federal contract or grant within the last
three years, if applicable. Information
about SAM registration procedures is
available at www.sam.gov.
b. Obtain a Unique Entity Identifier.
On April 4, 2022, the federal
government stopped using DUNS
numbers. The DUNS Number was
replaced by a new, non-proprietary
identifier that is provided by the System
for Award Management (SAM.gov). This
new identifier is called the Unique
Entity Identifier (UEI), or the Entity ID.
To find or request a Unique Entity
Identifier, please visit www.sam.gov.
c. Create a Grants.gov username and
password.
Applicants must complete an
Authorized Organization Representative
(AOR) profile on www.Grants.gov and
create a username and password.
Applicants must use the organization’s
UEI to complete this step. Additional
information about the registration
process is available at: https://
www.grants.gov/web/grants/applicants/
organization-registration.html.
d. Acquire Authorization for your
AOR from the E-Business Point of
Contact (E-Biz POC).
The E-Biz POC at the applicant’s
organization must respond to the
registration email from Grants.gov and
login at www.Grants.gov to authorize the
applicant as the AOR. Please note there
can be more than one AOR for an
organization.
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e. Submit an Application Addressing
All Requirements Outlined in this
NOFO.
If an applicant has trouble at any
point during this process, please call the
Grants.gov Customer Center Hotline at
1–800–518–4726, 24 hours a day, 7 days
a week (closed on Federal holidays). For
information and instructions on each of
these processes, please see instructions
at: 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 p.m. ET, March 20, 2023.
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, the
following conditions are not valid
reasons to permit late submissions: (1)
failure to complete the Grants.gov
registration process before the deadline;
(2) failure to follow Grants.gov
instructions on how to register and
apply as posted on its website; (3)
failure to follow all the instructions in
this notice; and (4) technical issues
experienced with the applicant’s
computer or information technology
environment.
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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 preaward costs for Step 1 if such costs are
incurred pursuant to the negotiation and
in anticipation of the grant agreement
and if such costs are necessary for
efficient and timely performance of the
scope of work. Under 2 CFR 200.458,
grantees must seek written approval
from FRA for pre-award Step 1 activities
to be eligible for reimbursement under
the grant. Activities initiated prior to the
execution of a grant or without FRA’s
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written approval may be ineligible for
reimbursement or matching
contribution. Cost sharing or matching
may be used only for authorized Federal
award purposes.
7. Other Submission Requirements
For any supporting application
materials that an applicant cannot
submit via Grants.gov, such as oversized
engineering drawings, an applicant may
submit an original and two (2) copies to
Peter Schwartz, Acting Director, Office
of Railroad Planning and Engineering,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Washington, DC
20590. However, due to delays caused
by enhanced screening of mail delivered
via the U.S. Postal Service, FRA advises
applicants to use other means of
conveyance (such as courier service) to
assure timely receipt of materials before
the application deadline. Additionally,
if documents can be obtained online,
explaining to FRA how to access files on
a referenced website may also be
sufficient.
Note: Please use generally accepted
formats such as .pdf, .doc, .docx, .xls,
.xlsx and .ppt, when uploading
attachments. While applicants may
embed picture files, such as .jpg, .gif,
and .bmp in document files, applicants
should not submit attachments in these
formats. Additionally, the following
formats will not be accepted: .com, .bat,
.exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini,
.log, .ora, .sys, and .zip.
E. Application Review Information
1. Criteria
a. Eligibility, Completeness, and
Applicant Risk Review
FRA will first screen each application
for applicant and Corridor eligibility
(eligibility requirements are outlined in
section (C) of this notice), and
completeness (application
documentation and submission
requirements are outlined in section (D)
of this notice).
FRA will then consider applicant risk,
including the applicant’s past
performance in developing and
delivering similar projects.
b. Evaluation Criteria
FRA will evaluate all eligible and
complete applications using the
evaluation criteria outlined in this
section.
i. Corridor Benefits:
FRA will evaluate the Corridor
benefits of the proposed Corridor,
including: 14
14 As discussed, FRA recognizes that detailed
information capable of demonstrating that a
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77929
A. The projected ridership, revenues,
capital investment, and operating
funding requirements.
B. The anticipated environmental,
congestion mitigation, and other public
benefits.
C. The projected trip times and their
competitiveness with other
transportation modes.
D. The anticipated positive economic
and employment impacts.
E. The benefits to rural communities.
F. Whether the Corridor serves
historically unserved or underserved
and low-income communities or areas
of persistent poverty.
G. Whether the Corridor would
benefit or improve connectivity with
existing or planned transportation
services of other modes.
H. Whether the Corridor connects at
least 2 of the 100 most populated
metropolitan areas.
I. Whether the Corridor would
enhance the regional equity and
geographic diversity of intercity
passenger rail service.
J. Whether the Corridor is or would be
integrated into the national rail
passenger transportation system and
would create benefits for other
passenger rail routes and services.
ii. Technical Merit:
FRA will also evaluate application
information for the following:
A. Whether the applicant is ready to
commence activities under the Program
and to complete, at a minimum, Step 1
and Step 2.
B. Whether the technical
qualifications and experience of key
personnel the applicant proposes to lead
and perform the technical efforts,
including the qualifications of the
primary and supporting organizations,
demonstrates the ability to fully, timely,
and successfully execute Step 1 and
Step 2 activities for the Corridor.
C. The applicant’s commitment to the
Implementation and operation of the
Corridor (e.g., documented support for
the Corridor from relevant legislative
and executive government bodies, an
established history of support for
intercity passenger rail operations and
capital investments, etc.).
D. Whether the route was identified as
part of a regional or interregional
planning study.
Corridor meets certain of these evaluation criteria
(e.g., sections (A)–(E)), may not have been
developed for the Corridor at the time of
application (as much of this information would be
developed as part of the preparation of an SDP).
Applications will not be penalized in the evaluation
process if detailed information related to these
criteria is not available at the time of application.
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E. The committed or anticipated nonFederal funding for operating and
capital costs.15
F. Whether the Corridor is included in
a State’s approved State rail plan.
G. Whether a passenger rail operator
has expressed support for the Corridor.
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c. Selection Criteria
In addition to the eligibility and
completeness review and the evaluation
criteria outlined above, FRA will apply
the following selection criteria:
i. DOT Strategic Goals
A. Safety.
FRA will assess the Corridor’s ability
to foster a safe transportation system for
the movement of goods and people,
consistent with the Department’s
strategic goal to reduce transportationrelated fatalities and serious injuries
across the transportation system. To the
extent applicable, such considerations
will include, but are not limited to, the
extent to which the Corridor improves
safety at highway-rail grade crossings,
reduces incidences of rail-related
trespassing, upgrades infrastructure to
achieve a higher level of safety, and uses
an appropriately trained workforce.
B. Economic Strength and Global
Competitiveness.
1. Infrastructure Investment and Job
Creation.
In support of Executive Order 14025,
Worker Organizing and Empowerment
(86 FR 22829), and Executive Order
14052, Implementation of the
Infrastructure Investment and Jobs Act
(86 FR 64335), FRA will assess to the
extent applicable the Corridor’s ability
to contribute to economic progress
stemming from infrastructure
investment and associated job creation
in the industry. Such considerations
will include, but are not limited to, the
extent to which the Corridor results in
long-term job creation by supporting
good-paying construction and
manufacturing jobs directly related to
the Corridor with free and fair choice to
join a union, such as through the use of
project labor agreements or union
neutrality agreements, preapprenticeships tied to Registered
Apprenticeships, Registered
Apprenticeships, community-benefit
agreements, and local hiring provisions,
or other targeted preferential hiring
requirements, or other similar standards
or protections; invests in vital
infrastructure assets and provides
15 As noted, FRA recognizes that detailed
information may not have been developed for the
Corridor at the time of application. Applications
will not be penalized in the evaluation process if
detailed information related to this criteria is not
available at the time of application.
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opportunities for families to achieve
economic security through rail industry
employment.
2. Support Resilient Supply Chains &
Economic Opportunity.
To the extent applicable, Corridors
will also be assessed by their ability to
promote the efficiency and resilience of
supply chains by increasing freight rail
capacity, reducing congestion,
alleviating bottlenecks, and increasing
multimodal connections. In addition,
applicants are encouraged to consider
the ability of the Corridor to provide
greater access to economic opportunity
to residents through greater connections
to jobs, commerce, and educational
opportunities. Applicants are also
encouraged to consider the ability of the
Corridor to encourage transit-oriented
development to the extent it is
applicable.
C. Equity.
In support of Executive Order 13985,
Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government (86 FR 7009),
and Executive Order 14008, Tackling
the Climate Crisis at Home and Abroad
(86 FR 7619), to the extent applicable
FRA will assess the Corridor’s ability to
address equity and barriers to
opportunity, to the extent possible
within the Program and consistent with
law. Such considerations will include,
but are not limited to, the applicant’s
plan for using small businesses to
complete work activities under the
Program, the extent to which the
Corridor improves or expands
transportation options for underserved
communities, mitigates the safety risks
and detrimental quality of life effects
that rail lines can have on communities
especially those communities that might
have been historically disconnected due
to the railroad infrastructure, and
expands workforce development and
career pathway opportunities to foster a
more diverse rail industry. This will
also include community engagement
efforts already taken or planned, the
extent to which engagement efforts are
designed to meaningfully reach
impacted communities, whether
engagement is accessible for persons
with disabilities or limited English
proficient persons within the impacted
communities, and how community
feedback is taken into account in
decision-making.
D. Climate and Sustainability.
In support of E.O. 14008, ‘‘Tackling
the Climate Crisis at Home and
Abroad,’’ to the extent applicable, to the
extent applicable FRA will assess the
Corridor’s ability to reduce the harmful
effects of climate change and anticipate
necessary improvements to prepare for
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extreme weather events. Such
considerations will include, but are not
limited to, the extent to which the
Corridor reduces emissions, promotes
energy efficiency, increases resiliency,
and recycles or redevelops existing
infrastructure.
E. Transformation.
FRA will assess the Corridor’s ability
to expand and improve the nation’s rail
network, which needs to balance new
infrastructure for increased capacity
with proper maintenance of aging
assets. As applicable, such
considerations will include, but are not
limited to, the extent to which the
Corridor adds capacity to congested
corridors, improves supply chain
resilience, and ensures assets will be
improved to a state of good repair.
ii. Previous Federal High-Speed Rail
Corridor Designations
Beginning with the enactment of the
Intermodal Surface Transportation
Efficiency Act of 1991, and continuing
through 2011, FRA ‘‘designated’’ a total
of 11 high-speed rail corridors.16 FRA
will take these designations into
consideration when evaluating
applications to participate in the
Program.
iii. Other Factors
While FRA intends the Corridor ID
Program to support the development of
many, varied intercity passenger rail
16 These designated rail corridors are as follows:
(1) a Midwest corridor (linking Chicago, IL with
Detroit, MI, St. Louis, MO, and Milwaukee, WI; an
extension from Milwaukee, WI to Minneapolis/St.
Paul, MN; an extension to Indianapolis, IN and
Cincinnati, OH; an extension from Chicago, IL to
Toledo, OH and Cleveland, OH; an extension from
Indianapolis, IN to Louisville, KY; an extension
between Cleveland, OH, Columbus, OH, Dayton,
OH, and Cincinnati, OH; and an extension from St.
Louis, MO to Kansas City, MO); (2) a Florida
corridor (linking Miami with Orlando and Tampa);
(3) a California corridor (linking San Diego, Los
Angeles, the San Francisco Bay, and Sacramento;
and an extension to Las Vegas, NV); (4) a Southeast
corridor (connecting Charlotte, NC, Richmond, VA,
and Washington DC; an extension from Charlotte,
NC to Greenville, SC to Atlanta, GA to Macon, GA;
an extension from Raleigh, SC to Columbia, SC and
to Savannah, GA and Jacksonville, FL; and an
extension from Macon, GA to Jesup, GA); (5) a
Pacific Northwest corridor (linking Eugene, OR and
Portland, OR with Seattle, WA and Vancouver,
Canada); (6) a Gulf Coast corridor (including an
extension from Birmingham, AL to Atlanta, GA); (7)
a Keystone corridor (from Philadelphia to
Harrisburg; and an extension from Harrisburg to
Pittsburgh); (8) an Empire State corridor (from New
York City to Albany and Buffalo); (9) a Northern
New England corridor (linking Boston, MA with
Portland/Auburn, ME and Montreal, Canada; and
an extension from Boston, MA to Springfield, MA
and Albany, NY and from Springfield, MA to New
Haven, CT); (10) a South Central corridor (linking
Dallas/Ft. Worth, TX with Austin, TX and San
Antonio, TX, Oklahoma City, OK and Tulsa, OK,
and Texarkana, TX/AR, and Little Rock, AR); and
(11) a Northeast corridor (between Washington, DC,
Philadelphia, PA, New York, NY, and Boston, MA).
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corridors, FRA may limit its selection of
Corridors, particularly at the beginning
of the Program, based on several
considerations. Such considerations
may include the availability of Federal
funding to implement Corridors
developed under the Corridor ID
Program, the capacity of the intercity
passenger rail industry as a whole to
support the Corridor development
efforts, and a strategy to grow the
Program at a sustainable rate.
FRA’s selection of Corridors may also
be influenced by the overall level of
risk, complexity, and level of effort
associated with the development of a
Corridor. For example, FRA may limit
the number of selected Corridors that
involve entirely new intercity passenger
rail services, due to the significant risks,
complexity, and level of effort involved
in developing and implementing such
proposals. Conversely, FRA may be
more expansive in selecting Corridors
that involve incremental improvements
to existing services, as the development
of such proposals would likely involve
relatively lower risk, complexity, and
level of effort.
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2. Review and Selection Process
FRA will conduct a five-part
application review and selection
process, as follows:
a. Screen applications for applicant
eligibility, corridor eligibility,
completeness, and applicant risk
including past performance in
developing and delivering similar
projects;
b. Evaluate screened applications
(completed by technical panels applying
the evaluation criteria);
c. If applicable, conduct discussions
with applicants of screened
applications, including to address
potential Corridor scaling; the
prioritization of Corridors for applicants
with multiple applications; and a
Corridor’s geographic overlap with
another Corridor;
d. Review and apply selection criteria
and recommend initial selection of
Corridors for the FRA Administrator’s
review (completed by a non-career
Senior Review Team, which includes
senior leadership from the Office of the
Secretary and FRA); and
e. Select recommended corridors for
the Secretary’s review and approval
(completed by the FRA Administrator).
3. Reporting Matters Related to Integrity
and Performance
Before making a Federal award with
a total amount of Federal share greater
than the simplified acquisition
threshold of $250,000 (see 2 CFR 200.88
Simplified Acquisition Threshold), FRA
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will review and consider any
information about the applicant that is
in the designated integrity and
performance system accessible through
SAM (currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)). See 41 U.S.C. 2313.
An applicant, at its option, may
review information in the designated
integrity and performance systems
accessible through SAM and comment
on any information about itself that a
Federal awarding agency previously
entered and is currently in the
designated integrity and performance
system accessible through SAM.
FRA will consider any comments by
the applicant, in addition to the other
information, in making a judgment
about the applicant’s integrity, business
ethics, and record of performance under
Federal awards when completing the
review of risk posed by applicants as
described in 2 CFR 200.205.
F. Federal Award Administration
Information
1. Federal Award Notice
FRA will announce applications
selected for participation in the Corridor
ID Program in a press release and on
FRA’s website after the application
review period. This announcement is
FRA’s notification to successful and
unsuccessful applicants alike. FRA will
contact applicants with successful
applications after announcement with
information and instructions about the
award process. This notification is not
an authorization to begin proposed Step
1 activities. FRA requires satisfaction of
applicable requirements by the
applicant and a formal agreement signed
by both the grantee and the FRA before
obligating the grant. See an example of
standard terms and conditions for FRA
grant awards at https://
railroads.fra.dot.gov/elibrary/awardadministration-and-grant-conditions.
This template is subject to revision.
2. Administrative and National Policy
Requirements
In connection with any program or
activity conducted with or benefiting
from funds awarded under this notice,
grantees must comply with all
applicable requirements of Federal law,
including, without limitation: the
Constitution of the United States; the
relevant authorization and
appropriations, the conditions of
performance, nondiscrimination
requirements, and other assurances
made applicable to the award of funds
in accordance with regulations of DOT;
and applicable Federal financial
assistance and contracting principles
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promulgated by the Office of
Management and Budget (OMB). In
complying with these requirements,
grantees, in particular, must ensure that
no concession agreements are denied or
other contracting decisions made on the
basis of speech or other activities
protected by the First Amendment. If
FRA determines that a grant recipient
has failed to comply with applicable
Federal requirements, FRA may
terminate the award of funds and
disallow previously incurred costs,
requiring the recipient to reimburse any
expended award funds. See an example
of standard terms and conditions for
FRA grant awards at https://
railroads.fra.dot.gov/elibrary/awardadministration-and-grant-conditions.
This template is subject to revision.
Examples of administrative and
national policy requirements include: 2
CFR part 200; procurement standards at
2 CFR part 200 subpart D—Procurement
Standards; 2 CFR 1207.317 and 2 CFR
200.401; compliance with Federal civil
rights laws and regulations;
disadvantaged business enterprises
requirements; debarment and
suspension requirements; drug-free
workplace requirements; FRA’s and
OMB’s Assurances and Certifications;
Americans with Disabilities Act; safety
requirements; NEPA; environmental
justice requirements; and 2 CFR
200.315, governing rights to intangible
property. Unless otherwise stated in
statutory or legislative authority, or
appropriations language, all financial
assistance awards follow the Uniform
Administrative Requirements, Cost
Principles and Audit Requirements for
Federal Awards at 2 CFR part 200 and
2 CFR part 1201.
Selected Corridors must sufficiently
consider climate change and
sustainability in their planning and
development activities, as determined
by FRA, consistent with Executive
Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR
7619). Activities that address climate
change include, but are not limited to,
demonstrating: the Corridor will result
in significant greenhouse gas emissions
reductions; and the Corridor supports
emissions reductions goals in a Local/
Regional/State plan. Activities that
address EJ include but are not limited
to: basing Corridor and project design
on the results of a proven EJ screening
tool (developed by another Federal
agency such as the EPA,17 a State
agency, etc.); conducting enhanced,
targeted outreach to EJ communities;
considering EJ in alternatives analysis
17 For more information regarding the EPA EJ
screening tool see https://www.epa.gov/ejscreen.
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and final project design; and supporting
a modal shift in passenger movement to
reduce emissions or reduce induced
travel demand.
Selected Corridors must sufficiently
consider equity and barriers to
opportunity in their planning and
development activities, as determined
by FRA, consistent with Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government (86 FR 7009). Activities
that address equity and barriers to
opportunity include, but are not limited
to: completing an equity impact analysis
for the Corridor; adopting an equity and
inclusion program/plan; conducting
meaningful public engagement to ensure
underserved communities are provided
an opportunity to be involved in the
planning process and is conducted in a
manner that is consistent with title VI
requirements; including investments
that either redress past barriers to
opportunity or that proactively create
new connections and opportunities for
underserved communities; hiring from
local communities; improving access to
or providing economic growth
opportunities for underserved,
overburdened, or rural communities; or
addressing historic or current
inequitable air pollution or other
environmental burdens and impacts.
Each applicant selected to participate
in the Corridor ID Program must ensure
that, to the extent applicable, the service
development planning activities and the
Project Development activities under
the Program sufficiently consider job
quality and labor rights, as determined
by the Department of Labor, consistent
with Executive Order 14025, Worker
Organizing and Empowerment (86 FR
22829), and Executive Order 14052,
Implementation of the Infrastructure
Investment and Jobs Act (86 FR 64335).
Specifically, the service development
planning activities and the Project
Development activities must support: (a)
strong labor standards and the free and
fair choice to join a union,18 including
project labor agreements, local hire
agreements,19 distribution of workplace
rights notices, and the use of an
appropriately trained workforce; (b)
support of high-quality workforce
development programs, including
registered apprenticeship, labormanagement training programs, and
18 Federal funds may not be used to support or
oppose union organizing, whether directly or as an
offset for other funds.
19 IIJA div. B section 25019 provides authority to
use geographical and economic hiring preferences,
including local hire, for construction jobs, subject
to any applicable State and local laws, policies, and
procedures.
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18:41 Dec 19, 2022
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supportive services to help train, place,
and retain people in good-paying jobs
and apprenticeships; and (c)
comprehensive planning and policies to
promote hiring and inclusion for all
groups of workers, including through
the use of local and economic hiring
preferences, linkage agreements with
workforce programs that serve these
underrepresented groups, and proactive
plans to prevent harassment. In
addition, to the extent applicable, the
grant conditions and other requirements
in 49 U.S.C. 22905, including protective
arrangements that are equivalent to the
protective arrangements established
under section 504 of the Railroad
Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836) with respect
to employees affected by action taken in
connection with a project to be financed
in whole or in part by grants subject to
49 U.S.C. 22905, will apply to Corridor
ID Program projects at Implementation.
The Office of Federal Contract
Compliance Programs (OFCCP) is
charged with protecting America’s
workers by enforcing equal employment
opportunity and affirmative action
obligations of employers that do
business with the Federal Government.
OFCCP enforces Executive Order 11246,
section 503 of the Rehabilitation Act of
1973, and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974.
Together these legal authorities make it
unlawful for federal contractors and
subcontractors to discriminate in
employment because of race, color,
religion, sex, sexual orientation, gender
identity, national origin, disability, or
status as a protected veteran.
Consistent with E.O. 11246, Equal
Employment Opportunity (30 FR 12319,
and as amended), all Federally assisted
contractors are required to make good
faith efforts to meet the goals of 6.9% of
construction project hours being
performed by women, in addition to
goals that vary based on geography for
construction work hours and for work
being performed by people of color.
Under section 503 of the Rehabilitation
Act and its implementing regulations,
affirmative action obligations for certain
contractors include an aspirational
employment goal of 7% workers with
disabilities.
The OFCCP has a Mega Construction
Project Program through which it
engages with project sponsors as early
as the design phase to help promote
compliance with non-discrimination
and affirmative action obligations.
Through the program, OFCCP offers
contractors and subcontractors
extensive compliance assistance,
conducts compliance evaluations, and
helps to build partnerships between the
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project sponsor, prime contractor,
subcontractors, and relevant
stakeholders. To the extent applicable,
OFCCP will identify projects that
receive an award under this notice and
are required to participate in OFCCP’s
Mega Construction Project Program from
a wide range of federally assisted
projects over which OFCCP has
jurisdiction and that have a project cost
above $35 million. DOT will require
project sponsors with costs above $35
million that receive awards under this
funding opportunity to partner with
OFCCP, if selected by OFCCP, as a
condition of their DOT award. Under
that partnership, OFCCP will ask these
project sponsors to make clear to prime
contractors in the pre-bid phase that
project sponsor’s award terms will
require their participation in the Mega
Construction Project Program.
Additional information on how OFCCP
makes their selections for participation
in the Mega Construction Project
Program is outlined under ‘‘Scheduling’’
on the Department of Labor website:
https://www.dol.gov/agencies/ofccp/
faqs/construction-compliance.’’
Critical Infrastructure Security and
Resilience
It is the policy of the United States to
strengthen the security and resilience of
its critical infrastructure against both
physical and cyber threats, consistent
with Presidential Policy Directive 21—
Critical Infrastructure Security and
Resilience. Each applicant selected for
funding under this notice should take
efforts in the Corridor’s service
development planning and Project
Development to consider and address,
as applicable, relevant physical and
cyber security risks, consistent with the
cybersecurity performance goals for
critical infrastructure and control
systems directed by the National
Security Presidential Memorandum on
Improving Cybersecurity for Critical
Infrastructure Control Systems, found at
https://www.cisa.gov/cpgs.
Domestic Preference Requirements
Assistance under this notice is subject
to the Buy America requirements in 49
U.S.C. 22905(a) and the Build America,
Buy America Act, Public Law 117–58,
sections 70901–52, to the extent
applicable to a Corridor’s service
development planning and Project
Development activities. In addition, as
expressed in Executive Order 14005,
Ensuring the Future Is Made in All of
America by All of America’s Workers
(86 FR 7475), it is the policy of the
executive branch to maximize,
consistent with law, the use of goods,
products, and materials produced in,
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
and services offered in, the United
States. FRA expects all applicants, to
the extent this requirement is applicable
to a Corridor selected to participate in
the Corridor ID Program, to comply with
that requirement without needing a
waiver. However, to obtain a waiver, a
recipient must be prepared to
demonstrate how they will maximize
the use of domestic goods, products,
and materials in constructing their
project.
Civil Rights and Title VI
Applications should demonstrate that
the recipient has a plan for compliance
with civil rights obligations and
nondiscrimination laws, including title
VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR part
21), the Americans with Disabilities Act
of 1990 (ADA), and section 504 of the
Rehabilitation Act, and accompanying
regulations. This may include, as
applicable, providing a title VI plan,
community participation plan, and
other information about the
communities that will be benefited and
impacted by the Corridor. The
Department’s and FRA’s Offices of Civil
Rights may provide resources and
technical assistance to recipients to
ensure full and sustainable compliance
with Federal civil rights requirements.
3. Reporting
lotter on DSK11XQN23PROD with NOTICES1
a. Progress Reporting on Grant Activity
Each applicant selected for a grant
will be required to comply with all
standard FRA reporting requirements,
including quarterly progress reports,
quarterly Federal financial reports, and
interim and final performance reports,
as well as all applicable auditing,
monitoring and close out requirements.
Reports must be submitted
electronically. Pursuant to 2 CFR
170.210, non-Federal entities applying
under this notice must have the
necessary processes and systems in
place to comply with the reporting
requirements should they receive
Federal funding.
b. Additional Reporting
Applicants selected for funding are
required to comply with all reporting
requirements in the standard terms and
conditions for FRA grant awards
including 2 CFR 180.335 and 2 CFR
180.350. If the total value of a selected
applicant’s currently active grants,
cooperative agreements, and
procurement contracts from all Federal
awarding agencies exceeds $10,000,000
for any period of time during the period
of performance of this Federal award,
then the applicant during that period of
time must maintain the currency of
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18:41 Dec 19, 2022
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information reported SAM that is made
available in the designated integrity and
performance system (currently the
Federal Awardee Performance and
Integrity Information System (FAPIIS))
about civil, criminal, or administrative
proceedings described in paragraph 2 of
this award term and condition. This is
a statutory requirement under section
872 of Public Law 110–417, as amended
(41 U.S.C. 2313). As required by section
3010 of Public Law 111–212, all
information posted in the designated
integrity and performance system on or
after April 15, 2011, except past
performance reviews required for
Federal procurement contracts, will be
publicly available.
c. Performance and Program Evaluation
Recipients and subrecipients are also
encouraged to incorporate program
evaluation, including associated data
collection activities from the outset of
their program design and
implementation, to meaningfully
document and measure their progress
towards meeting an agency priority
goal(s). Title I of the Foundations for
Evidence-Based Policymaking Act of
2018 (Evidence Act), Public Law 115–
435 (2019) urges Federal awarding
agencies and Federal assistance
recipients and subrecipients to use
program evaluation as a critical tool to
learn, to improve equitable delivery,
and to elevate program service and
delivery across the program lifecycle.
Evaluation means ‘‘an assessment using
systematic data collection and analysis
of one or more programs, policies, and
organizations intended to assess their
effectiveness and efficiency.’’ 5 U.S.C.
311. Credible program evaluation
activities are implemented with
relevance and utility, rigor,
independence and objectivity,
transparency, and ethics (OMB Circular
A–11, part 6 section 290).
For grant recipients receiving an
award, evaluation costs are allowable
costs (either as direct or indirect), unless
prohibited by statute or regulation, and
such costs may include the personnel
and equipment needed for data
infrastructure and expertise in data
analysis, performance, and evaluation.
(2 CFR part 200).
G. Federal Awarding Agency Contacts
For further information related to this
notice, please contact Peter Schwartz,
Acting Director, Office of Railroad
Planning and Engineering, Federal
Railroad Administration, 1200 New
Jersey Avenue SE, by email:
PaxRailDev@dot.gov or by telephone:
202–493–6360.
H. Other Information
All information submitted as part of
or in support of any application shall
use publicly available data or data that
can be made public and methodologies
that are accepted by industry practice
and standards, to the extent possible. If
the application includes information the
applicant considers to be a trade secret
or confidential commercial or financial
information, the applicant should do the
following: (1) note on the front cover
that the submission ‘‘Contains
Confidential Business Information
(CBI)’’; (2) mark each affected page
‘‘CBI’’; and (3) highlight or otherwise
denote the CBI portions.
The DOT regulations implementing
the Freedom of Information Act (FOIA)
are found at 49 CFR part 7 subpart C—
Availability of Reasonably Described
Records under the Freedom of
Information Act and sets forth rules for
FRA to make requested materials,
information, and records publicly
available under FOIA. Unless prohibited
by law and to the extent permitted
under the FOIA, contents of application
and proposals submitted by successful
applicants may be released in response
to FOIA requests.
Except for the information properly
marked as described in section (H), the
Department may share application
information within the Department or
with other Federal agencies if the
Department determines that sharing is
relevant to the respective program’s
objectives.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022–27559 Filed 12–19–22; 8:45 am]
BILLING CODE 4910–06–P
d. Performance Reporting
Each applicant selected for funding
must collect information and report on
performance using measures mutually
agreed upon by FRA and the grantee to
assess progress in achieving strategic
goals and objectives.
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77933
E:\FR\FM\20DEN1.SGM
20DEN1
Agencies
[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77920-77933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27559]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Solicitation of Corridor Proposals and Funding
Opportunity for the Corridor Identification and Development Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of solicitation and funding opportunity (notice).
-----------------------------------------------------------------------
SUMMARY: This notice details the application requirements and
procedures for the selection of eligible corridors to participate in
the Corridor Identification and Development Program and obtain grant
funding appropriated in fiscal year 2022. This notice solicits
applications for the Corridor Identification and Development Program
funds made available by the Infrastructure Investment and Jobs Act and
subsequent appropriations. The opportunity described in this notice is
made available under Assistance Listings Number 20.326, ``Federal-State
Partnership for Intercity Passenger Rail.''
DATES: Applications for selection and funding under the Corridor
Identification and Development program (Corridor ID Program or Program)
under this notice are due no later than 5 p.m. ET, March 20, 2023.
Applications that are incomplete or received after 5 p.m. ET on March
20, 2023 will not be considered. See section (D) of this notice for
additional information on the application process.
ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for selection and award under the Corridor ID Program.
FOR FURTHER INFORMATION CONTACT: For further information related to
this notice, please contact Peter Schwartz, Acting Director, Office of
Railroad Planning and Engineering, by email: [email protected] or by
telephone: 202-493-6360.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials.
Definitions of key terms used throughout the notice are provided in
section (A)(2) below. These key terms are capitalized throughout the
notice. There are several administrative prerequisites and specific
eligibility requirements described herein with which applicants must
comply. Additionally, applicants should note that the required Corridor
Narrative component of the application package may not exceed 15 pages
in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
1. Executive Summary
On November 15, 2021, President Biden signed into law the
Infrastructure Investment and Jobs Act, also known as the Bipartisan
Infrastructure Law (BIL). Public Law 117-58. The BIL authorized the
Secretary of Transportation to establish the Corridor ID Program to
[[Page 77921]]
facilitate the development of intercity passenger rail corridors. 49
U.S.C. 25101(a). The BIL also provided an historic, unprecedented level
of funding for the improvement and expansion of intercity passenger
rail service. Infrastructure Investment and Jobs Act, Public Law 117-
58, div. J, title VIII (Nov. 15, 2021). The Federal Railroad
Administrator is delegated the authority to establish and administer
the Corridor ID Program. 49 CFR 1.89(a).
FRA conducted extensive outreach in connection with the new
Corridor ID Program. FRA published a Request for Information in the
Federal Register on February 7, 2022, seeking comments on the Program
and how it can best serve stakeholders and the public. FRA-2022-0006-
0001. FRA also conducted three listening sessions on the Corridor ID
Program, on February 16 and 17, 2022, with eligible entities, host
railroads, and other stakeholders, respectively. In compliance with BIL
requirements, 49 U.S.C. 25101(a), FRA published a Federal Register
notice on May 13, 2022, that formally established the Program, provided
a general description of Program components, and highlighted FRA's
intent to publish a notice in the last calendar quarter of 2022
soliciting proposals for Corridors to participate in the Program. 87 FR
29432. In that notice, FRA encouraged further stakeholder engagement by
requesting that interested eligible entities submit expressions of
interest to the FRA, in advance of FRA's formal solicitation, to
facilitate further discussions.
In this notice, FRA is now soliciting proposals for Corridors for
selection and funding in the initial round of the Corridor ID Program.
2. Definitions of Key Terms
Terms defined in this section are capitalized throughout this
notice.
1. ``Implementation'' means the final design and construction
lifecycle stages of a project, as described in FRA's Guidance on
Development and Implementation of Railroad Capital Projects.\1\
---------------------------------------------------------------------------
\1\ FRA published the proposed Guidance on Development and
Implementation of Railroad Capital Projects in the Federal Register
on June 28, 2022. 87 FR 38451; FRA Docket No. FRA-2022-0035. FRA
anticipates that the final Guidance will be published in the Federal
Register soon. The final Guidance will also be made available in FRA
Docket No. FRA-2022-0035. For further information related to this
notice's reference to the Guidance, please contact Peter Schwartz,
Acting Director, Office of Railroad Planning and Engineering, by
email: [email protected] or by telephone: 202-493-6360.
---------------------------------------------------------------------------
2. ``Intercity Passenger Rail Corridor'' and ``Corridor'' mean:
a. A new intercity passenger rail route of less than 750 miles;
b. The enhancement of an existing intercity passenger rail route of
less than 750 miles;
c. The restoration of service over all or portions of an intercity
passenger rail route formerly operated by Amtrak; or
d. The increase of service frequency of a long-distance intercity
passenger rail route.
3. ``Project Development'' means the lifecycle stage of a project
when design, environmental, and other studies are conducted, as
described in FRA's Guidance on Development and Implementation of
Railroad Capital Projects.
4. ``Project Planning'' means the lifecycle stage of a project when
project concepts are developed to establish the type and scope of
capital improvements, as described in FRA's Guidance on Development and
Implementation of Railroad Capital Projects.
5. ``Step 1'' means the initiation of a grantee's Corridor
development efforts under the Program and the development of a scope,
schedule, and cost estimate for preparing a service development plan
(SDP) for a Corridor.
6. ``Step 2'' means the preparation of an SDP (or an update to an
existing SDP) to complete Project Planning work consistent with FRA's
Guidance on Development and Implementation of Railroad Capital
Projects.
7. ``Step 3'' means the preparation of documentation to complete
Project Development work required to ready the Corridor (or phase of
the Corridor) for Implementation, including project designs that are
reasonably expected to conform to all regulatory, safety, security, and
other design requirements, including those under the American with
Disabilities Act. Such work includes the completion of preliminary
engineering (PE) and National Environmental Policy Act (NEPA)
activities, and other documentation for the Corridor's capital
project(s) to advance to Implementation, consistent with FRA's Guidance
on Development and Implementation of Railroad Capital Projects.
3. Overview
The Corridor ID Program is a comprehensive intercity passenger rail
planning and development program that will help guide intercity
passenger rail development throughout the country and create a pipeline
of intercity passenger rail projects ready for Implementation. Unlike
previous Federal intercity passenger rail planning efforts, the
Corridor ID Program is intended both to support a sustained long-term
development effort, and to set forth a capital project pipeline ready
for Federal (and other) funding. The Corridor ID Program is intended to
become the primary means for directing Federal financial support and
technical assistance toward the development of proposals for new or
improved intercity passenger rail services throughout the United
States.
FRA's selection of a Corridor to participate in the Program
reflects the agency's interest in advancing the Corridor to
Implementation and operation, as well as an FRA decision to fund
planning and development activities for the Corridor (as further
detailed in this notice). FRA will consider Corridor applications for
entirely undeveloped concepts for new or improved Corridors, and for
concepts that have been the subject of past or ongoing planning and
development efforts.\2\ For the latter, selection into the Corridor ID
Program will provide the opportunity to complete or update the prior
Corridor planning and development efforts.
---------------------------------------------------------------------------
\2\ Section 22214 of the BIL also requires FRA to conduct the
Amtrak Daily Long-Distance Service Study (Long-Distance Study) to
evaluate the restoration of Amtrak daily long-distance services to
include Amtrak routes that have been discontinued, current Amtrak
routes that occur on a nondaily basis, and potentially new Amtrak
long-distance routes. The Long-Distance Study is required to develop
a prioritized inventory of capital projects for preferred options
for restoring or enhancing services. Some of the Corridors that the
Long-Distance Study may assess include ones that are eligible under
the Corridor ID Program.
---------------------------------------------------------------------------
Applicants may submit applications for more than one Corridor,
under separate submissions. In every submission, FRA encourages
applicants to reflect the full scope of the proposed Corridor. As
described in section (D)(2)(a)(v), applications must address the
applicant's interest in the potential scaling of a Corridor proposal
and/or phasing of its Implementation as well as the prioritization of
Corridors (where an applicant submits applications for multiple
Corridors). As described in section (E)(2), prior to Corridor
selection, FRA may (at its sole discretion) engage in a discussion with
an applicant on potential Corridor scaling, geographic overlaps between
Corridors, and the prioritization of Corridor proposals (for applicants
with multiple proposed Corridors). These discussions may result in FRA
changes to the scope, phasing, or prioritization of a Corridor as
proposed in the application. FRA will not select a modified Corridor
proposal to participate in the Program without an applicant's
concurrence.
[[Page 77922]]
Corridor proposals may vary in scope and may include introducing
entirely new intercity passenger rail services (using existing or new
rail lines); significantly improving existing services (e.g.,
geographic extensions, added frequencies, or reduced travel times); or
incremental improvements to existing services. FRA strongly encourages
sponsors and/or operators of existing intercity passenger rail services
that anticipate pursuing Federal funding for capital projects aimed at
improving that service to submit applications to the Corridor ID
Program to benefit from the advantages of the Program described in this
notice.
In addition, FRA strongly encourages all applicants that have
previously undertaken or are in the process of undertaking development
activities for a Corridor, with the intent of seeking Federal funding
for Implementation, to submit applications for those Corridors under
this notice. FRA will review any previous Corridor development work to
assess whether it is adequate and appropriate, including whether it
reflects current conditions, with the aim of incorporating existing
work under this Program to the greatest extent practicable.
In keeping with the long-range orientation of the Corridor ID
Program, and subject to the availability of funding, FRA anticipates
issuing subsequent notices soliciting Corridor proposals at regular
intervals to allow opportunities for additional Corridors to
participate in the Program. This approach allows for a consistent
introduction of new Corridors into the Corridor ID Program for
development.
4. Corridor Development Steps
For Corridors selected to participate in the Corridor ID Program
under this notice, Corridor development will occur in three, sequenced
steps: Step 1, Step 2, and Step 3.
a. Step 1--Corridor Development Initiation and Scope, Schedule, and
Cost Estimate for Preparing a Service Development Plan
Step 1 initiates the grantee's Corridor development efforts under
the Program by preparing a scope, schedule, and cost estimate for
developing an SDP, or updating an existing SDP, for the selected
Corridor.\3\ Step 1 also includes the grant recipient's development of
its capability and capacity (including securing initial staff,
contractor support, and non-Federal financial resources) necessary to
support successfully preparing the SDP and conducting Step 3
activities, as appropriate. With the support of these initial
resources, the grantee will work in collaboration with FRA to develop a
scope, schedule, and cost estimate for preparing an SDP. FRA expects
that selected Corridors will vary in geographic scope, scale,
characteristics of new intercity passenger rail service or service
improvement, and previous development work. Therefore, as part of Step
1, FRA and the grantee will collaborate to determine the level of
effort required to successfully prepare or update an SDP, which will be
reflected in the scope, schedule, and cost estimate.
---------------------------------------------------------------------------
\3\ FRA's notice establishing the Corridor ID Program did not
address Corridor development initiation and the preparation of the
scope, schedule, and cost estimate for an SDP. 87 FR 29432.
Typically, an applicant for Federal financial assistance would
develop such information independently. FRA has included these
activities in the Corridor ID Program and is making them eligible
for funding because they are relevant to the successful development
of intercity passenger rail corridors. See 49 U.S.C. 25101(a)(7).
---------------------------------------------------------------------------
The scope, schedule, and cost estimate will also identify the work
product and deliverables the grantee will prepare and the sequence for
preparing those documents; the appropriate level and timing of public
and agency involvement in developing the SDP; and the process the
grantee will engage in when developing an SDP to ensure logical
decision-making and appropriate engagement. When developing the scope
for the SDP, FRA and the grantee will seek opportunities for the SDP to
maximize efficiencies in subsequent NEPA processes undertaken for the
Corridor. FRA will determine when the grantee has successfully
completed Step 1.
b. Step 2--Service Development Plan
After the grantee has successfully completed Step 1 and secured the
required cost share funding (see section (C)(3) below), the Corridor
will advance to Step 2--preparing an SDP (or updating an existing SDP).
Preparing an SDP for a selected Corridor, through a partnership between
FRA and the grantee as required by 49 U.S.C. 25101(d), is a central
undertaking under the Corridor ID Program. In addition, the grantee and
FRA will partner with relevant States and Amtrak, as appropriate, in
connection with the preparation of the SDP. 49 U.S.C. 25101(d).
Through engaging in Project Planning, the SDP will determine and
document how the Corridor will be implemented. As such, preparing the
SDP will identify the draft purpose and need for intercity passenger
rail development and will incorporate an analysis of alternatives--that
may vary, as applicable, in terms of geographic route, service
characteristics, and required capital projects--for implementing the
Corridor. The analysis of alternatives will be supported by technical
transportation planning and conceptual engineering; high-level analysis
and consideration of environmental factors associated with the
alternatives; and input provided through public involvement (please see
DOT's Promising Practices for Meaningful Public Involvement in
Transportation Decision-Making at https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making), coordination with relevant public
agencies, and, as appropriate, consultation with Federally recognized
Indian tribes. The SDP will also identify the governance structure for
the Implementation and operation of the Corridor.
Because an SDP must include a ``Corridor project inventory that
identifies the capital projects necessary to achieve the proposed
service,'' 49 U.S.C. 25101(d)(2)), the analysis of alternatives in the
SDP will identify a single geographic route and set of service
characteristics for the Corridor with which the list of required
capital projects is associated. The SDP alternatives analysis is the
foundation for scoping in the Step 3 NEPA process and will expedite
Project Development and Implementation of selected Corridors.
Consistent with 49 U.S.C. 25101(d), the SDP will be prepared
through a partnership between FRA and the grantee, although the primary
responsibility for preparing the SDP will lie with the grantee. FRA's
role in preparing the SDP will include review and approval of component
work products and deliverables developed in support of the SDP, along
with participation in and concurrence with all determinations regarding
alternatives for implementing the Corridor. FRA's role in preparing the
SDP will be described in detail in the statement of work governing the
award of Federal funding to the grantee for Step 2 (see section (C)(3)
below).
SDPs may be prepared as long-range Corridor planning documents,
with the option to implement in multiple phases. For example, SDPs may
reflect two or more discrete Implementation phases, with each phase
associated with a specific geographic scope, set of service
characteristics, and/or improvements that, if implemented, would
independently benefit intercity
[[Page 77923]]
passenger rail service that would be operating on an ongoing basis. The
Corridor's project inventory, required by 49 U.S.C. 25101(d)(2), will
be organized by the capital projects required to implement each
discrete phase. With this approach, FRA intends to avoid situations in
which a Corridor may be developed only as an ``all-or-nothing''
proposition, and to minimize the possibility that near-term
Implementation of a Corridor would conflict with the longer-term
Implementation of the Corridor.
At a minimum, an SDP will include the following information: (1) a
detailed description of the proposed intercity passenger rail service,
including train frequencies, peak and average operating speeds, and
trip times; (2) a Corridor project inventory that identifies the
capital projects necessary to achieve the proposed service and the
order in which Federal funding will be sought; (3) a schedule and
associated phasing of projects and related service initiation or
changes; (4) project sponsors and other entities expected to
participate in carrying out the plan; (5) a description of how the
Corridor would comply with Federal rail safety and security laws; (6)
the locations of existing and proposed stations; (7) the needs for
rolling stock and other equipment; (8) a financial plan; (9) a
description of how the Corridor would contribute to the development of
a multi-State regional network of intercity passenger rail; (10) an
intermodal plan describing how the new or improved Corridor facilitates
travel connections with other passenger transportation services; (11) a
description of the anticipated environmental benefits of the Corridor;
and (12) a description of the corridor's impacts on highway and
aviation congestion, energy consumption, land use, and economic
development in the service area. 49 U.S.C. 25101(d)(1)-(12).
---------------------------------------------------------------------------
\4\ Regular engagement between a grantee and host railroad(s),
where applicable, during Project Planning are important to the
success of a Corridor.
---------------------------------------------------------------------------
In partnering on the preparation of an SDP, FRA will consult with
Amtrak; State and regional transportation authorities and local
officials; representatives of employee labor organizations representing
railroad and other appropriate employees; host railroads; \4\ and other
stakeholders as determined by FRA. 49 U.S.C. 25101(e). To the extent
applicable, FRA expects the preparation of an SDP to consider shared
benefits to both freight and commuter rail operations and that the
grantee and FRA will jointly engage with host railroads and relevant
commuter rail operators early in the process to maximize shared
benefits realized by the Corridor. In addition, every five years after
the initial development of an SDP, if at least 40% of the work to
implement the SDP has not been completed, as determined by FRA, then
the grantee, in consultation with FRA, will decide whether the plan
should be updated. 49 U.S.C. 25101(f). If an SDP update is needed, FRA
will determine the Corridor's status in the Corridor ID Program. FRA
will determine when the grantee has successfully completed the SDP.
c. Step 3--Project Development
Following the successful completion of Step 2, the Corridor, or one
or more discrete phases of the Corridor, may advance to Step 3 under
the Corridor ID Program. Step 3 is the Project Development work
required to make projects identified in the SDP's Corridor project
inventory ready for Implementation (i.e., final design and
construction). Project Development includes the completion of PE, NEPA,
and other documentation for the Corridor's capital project(s) to
advance to Implementation, consistent with FRA's Guidance on
Development and Implementation of Railroad Capital Projects. Projects
from a Corridor project inventory may advance to Step 3 as part of a
specific Implementation phase of the Corridor as identified in the SDP.
FRA will advance into Project Development only those phases that:
are likely to continue to Implementation following Project Development;
and, if implemented, would independently benefit intercity passenger
rail service that would operate on an ongoing basis. In considering
whether a Corridor Implementation phase is ready to advance to Step 3,
FRA will consider: (1) the capability, authority, and experience of the
grantee; (2) the content of the SDP; (3) whether the grantee has
secured the required non-Federal funding for work undertaken as part of
Step 3 (see section (C)(3)); and (4) whether the Implementation phase
is ready to enter Project Development, consistent with FRA's Guidance
on Development and Implementation of Railroad Capital Projects. FRA
will review development work undertaken prior to the selection of the
Corridor to participate in the Program to determine its adequacy and
appropriateness, with the aim of incorporating it into the completion
of Step 3 to the greatest extent practicable. In addition, FRA may
recommend that a grantee pursue funding for Step 3 activities under a
program other than the Corridor ID Program.
FRA will determine when the grantee has successfully completed Step
3.
5. Funding
Under this notice, FRA will select Corridors for participation in
the Corridor ID Program. For each selected Corridor, FRA will initially
award the grantee $500,000 for eligible Step 1 activities. The initial
award will not be subject to any cost sharing. Should the completion of
eligible Step 1 activities not require the use of the full $500,000 of
the initial award, any remaining funds will be carried forward to the
Step 2 award for Step 2 activities.
Upon FRA's determination that the grantee has successfully
completed Step 1, FRA will award the grantee funds for eligible Step 2
activities (subject to the availability of funding). FRA will determine
the funding amount for Step 2 based on the cost estimate developed in
Step 1. As described in section (C), there is a minimum 10 percent cost
sharing requirement for Step 2 activities.
Following FRA's determination that the grantee has successfully
completed Step 2 and is ready to advance to Step 3 as described in
section (A)(4)(b), and subject to the availability of funding, FRA may
award the grantee funds for eligible Step 3 activities. The amount and
sequence of Step 3 funding will be based on the SDP, including cost
estimates for completing Project Development for a phase of the
Corridor. Step 3 funding may be provided through multiple awards, with
each award funding Step 3 activities for a specific Implementation
phase. As described in section (C), there is a minimum 20 percent cost
sharing requirement for Step 3 activities. If there is not sufficient
Federal funding available under the Corridor ID Program to award the
maximum 80 percent share of Step 3 costs, FRA may allow a phase to
advance to Step 3 if the grantee has other funding available to
complete the Step 3 activities for the phase.
Once a Corridor is selected to participate in the Corridor ID
Program, the grantee does not compete for Program funding for Step 2
and Step 3. Instead, funding under the Program is dictated by a
grantee's successful completion of a Step, as determined by FRA. The
table below illustrates this funding sequence.
[[Page 77924]]
----------------------------------------------------------------------------------------------------------------
Grantee
Step Work activities Award amount minimum cost
share (%)
----------------------------------------------------------------------------------------------------------------
Step 1..................................... Scope, Schedule, and Cost Estimate $500,000 0
for SDP.
Step 2..................................... SDP................................ TBD 10
Step 3..................................... Project Development................ TBD 20
----------------------------------------------------------------------------------------------------------------
The opportunity described in this notice is made available under
Assistance Listings Number 20.326, ``Federal-State Partnership for
Intercity Passenger Rail.'' FRA is authorized to use up to 5 percent of
the funding made available for the Federal-State Partnership for
Intercity Passenger Rail grants (Fed-State Partnership) program to
carry out planning and development activities related to the Corridor
ID Program. 49 U.S.C. 24911(k). Such activities include: (1) providing
funding to public entities for the development of SDPs selected under
the Corridor ID Program; (2) facilitating and providing guidance for
intercity passenger rail systems planning; and (3) providing funding
for the development and refinement of intercity passenger rail systems
planning analytical tools and models. 49 U.S.C. 24911(k). In addition,
such planning and development activities include a Corridor's Project
Development activities, such as PE and NEPA, that are relevant to the
successful development of intercity passenger rail corridors and to the
success of the Program. 49 U.S.C. 25101(a)(7) (FRA may include in the
Program ``such other features as the [FRA] considers relevant to the
successful development of intercity passenger rail corridors.''); see
also 49 U.S.C. 24911(k) (development activities related to the Corridor
ID Program are eligible for funding).
6. Project Pipeline
Within 1 year of establishing the Program, and by February 1st of
each year thereafter, FRA will submit a ``project pipeline'' report to
Congress. 49 U.S.C. 25101(g). As FRA established the Program on May 13,
2022, FRA will submit the first project pipeline report to Congress on
or before May 13, 2023. 87 FR 29432.
The project pipeline report: (1) identifies intercity passenger
rail corridors selected for development under the Program; (2)
identifies capital projects for Federal investment, project applicants,
and proposed Federal funding levels, as applicable, consistent with the
Corridor project inventory; (3) specifies the order in which the
Secretary would provide Federal financial assistance to projects that
have identified sponsors, including a method and plan for apportioning
funds to project sponsors for a five-year period; (4) takes into
consideration the appropriate sequence and phasing of projects
described in the Corridor project inventory; (5) takes into
consideration the existing commitments and anticipated Federal, project
applicant, sponsor, and other relevant funding levels for the next 5
fiscal years; (6) is prioritized based on the level of readiness of the
Corridor; \5\ and (7) reflects consultation with Amtrak. 49 U.S.C.
25101(g)(1)-(7).
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\5\ In connection with the project pipeline report, FRA's
criteria for determining the level of readiness for Federal
financial assistance of a Corridor include: (1) identification of a
service operator which may include Amtrak or private rail carriers;
(2) identification of a service sponsor or sponsors; (3)
identification of capital project sponsors; (4) engagement with the
applicable host railroads; and (5) such other criteria as determined
appropriate by FRA. 49 U.S.C. 25101(a)(3).
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The annual project pipeline report includes a Program-wide,
prioritized list of projects that have completed Project Development
and are ready for Implementation. The project pipeline report will also
include a list of projects that are in Project Development, and thus
are in the process of being prepared for future inclusion in the
project pipeline.
7. Program Guidance
FRA intends to issue Corridor ID Program guidance as the Program
advances, including guidance for Corridors not selected to participate
in the Program. 49 U.S.C. 25101(a)(6). Following the selection of
Corridors under this notice, FRA will also provide an opportunity for
all applicants with Corridors not selected to meet with FRA to receive
feedback on their Corridor proposals.
8. DOT Strategic Goals
FRA will implement the Corridor ID Program, as appropriate and
consistent with law, in alignment with the priorities in Executive
Order 14052, Implementation of the Infrastructure Investments and Jobs
Act (86 FR 64355), which are to invest efficiently and equitably,
promote the competitiveness of the U.S. economy, improve job
opportunities by focusing on high labor standards, strengthen
infrastructure resilience to all hazards including climate change, and
to effectively coordinate with State, local, Tribal, and territorial
government partners.
Through the Corridor ID Program, FRA seeks to identify Corridors
that reduce greenhouse gas emissions and can be designed with specific
elements to address climate change impacts. Specifically, FRA is
looking to identify Corridors that align with the President's
greenhouse gas reduction goals, promote energy efficiency, support
fiscally responsible land use and efficient transportation design,
increase climate resilience, support domestic manufacturing, and reduce
pollution.
FRA also seeks to identify Corridors that address environmental
justice, particularly for communities that disproportionally experience
climate change-related consequences. Environmental justice, as defined
by the Environmental Protection Agency, is the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income, with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies. As part of the implementation of Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619), FRA seeks
to identify Corridors that, to the extent possible, target at least 40
percent of resources and benefits towards low-income communities,
disadvantaged communities, communities underserved by affordable
transportation, or overburdened communities.\6\
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\6\ Overburdened Community: Minority, low-income, tribal, or
indigenous populations or geographic locations in the United States
that potentially experience disproportionate environmental harms and
risks. This disproportionality can be as a result of greater
vulnerability to environmental hazards, lack of opportunity for
public participation, or other factors. Increased vulnerability may
be attributable to an accumulation of negative or lack of positive
environmental, health, economic, or social conditions within these
populations or places. The term describes situations where multiple
factors, including both environmental and socio-economic stressors,
may act cumulatively to affect health and the environment and
contribute to persistent environmental health disparities.
---------------------------------------------------------------------------
FRA also seeks to identify Corridors that proactively address
racial equity and barriers to opportunity, including automobile
dependence, as a form of
[[Page 77925]]
barrier, or redress prior inequities and barriers to opportunity.
Section (E)(1)(c) describes racial equity considerations that an
applicant can undertake, and FRA will consider during the review of
applications.
In addition to prioritizing projects that address climate change,
proactively address racial equity, and reduce barriers to opportunity,
to the extent possible in Project Planning and Project Development, FRA
intends to use the Corridor ID Program to support the creation of good-
paying jobs with the free and fair choice to join a union and the
incorporation of strong labor standards and training and placement
programs, especially registered apprenticeships and Local Hire
agreements. Projects that incorporate such considerations are expected
to support a strong economy and labor market.
FRA also intends to use the Corridor ID Program to support
Corridors that encourage transit-oriented development to the extent it
is applicable, for the purpose of enhancing the economic vitality and
competitiveness of a neighborhood and region and providing new spaces
and opportunities for commercial activity and housing.
Section (E) of this notice, which outlines the Corridor ID Program
selection criteria, describes the process for selecting Corridors that
further these goals. Section (F)(3) describes progress and performance
reporting requirements for selected Corridors, including the
relationship between that reporting and the Corridor ID Program's
selection criteria.
B. Federal Award Information
1. Available Award Amount
The funding made available in this notice comes from FRA's
authority to use up to 5 percent of the funding made available for the
Fed-State Partnership program to carry out planning and development
activities related to the Corridor ID Program. 49 U.S.C. 24911(k). The
BIL provided significant funding for the Fed-State Partnership program
of $7.2 billion for Fiscal Year 2022.\7\ Public Law 117-58, div. J,
title VIII. FRA may also elect to award additional available funds to
applications received under this notice (any selection and award under
this notice is subject to the availability of appropriated funds).
---------------------------------------------------------------------------
\7\ The Fed-State Partnership program is authorized for
additional annual appropriations.
---------------------------------------------------------------------------
Importantly, once a Corridor is selected to participate in the
Program and receive Step 1 funding, additional funding for Step 2 and
Step 3 activities is not competitive and FRA will award such funding
upon the grantee's successful completion of the preceding step and
demonstration of readiness to proceed, as determined by FRA, consistent
with this notice and the availability of funding under 49 U.S.C.
24911(k). Any selection and award under this notice is subject to the
availability of appropriated funds.
2. Award Size
FRA will award the applicant of a selected Corridor $500,000 for
eligible Step 1 activities. As described, subsequent individual awards
for Step 2 and Step 3 activities have no predetermined minimum or
maximum dollar thresholds. FRA anticipates making multiple Corridor
selections under this notice. FRA may not award grants to all eligible
applications even if they meet or exceed the stated evaluation criteria
(see section (E)).
3. Award Type
FRA will make awards for Corridors selected under this notice
through cooperative agreements. Cooperative agreements allow for
substantial Federal involvement in carrying out the agreed upon
investment, including technical assistance, review of interim work
products, and increased program oversight. See section (A)(4). The use
of cooperative agreements is consistent with the statutory direction
that selected Corridors be developed through a partnership between the
applicant and FRA. 49 U.S.C. 25101(d). The term ``grant'' is used
throughout this document and is intended to reference funding awarded
through a cooperative agreement. The funding provided under this notice
will be made available to grantees on a reimbursable basis. Applicants
must certify that their expenditures are allowable, allocable,
reasonable, and necessary to the approved project before seeking
reimbursement from FRA. Additionally, grantees are expected to expend
matching funds at the percentage required in the grant concurrent with
Federal funds throughout the life of the project. See an example of
standard terms and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/Details/L19057. This template is subject to
revision.
4. Concurrent Applications
DOT and FRA may be concurrently soliciting applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for funding under this notice, applicants must indicate the other
program(s) to which they submitted an application for funding the
Corridor or certain Corridor components, as well as highlight new or
revised information in the application responsive to this notice that
differs from the previously submitted application(s).
C. Eligibility Information
This section of the notice explains applicant eligibility, Corridor
eligibility, eligible activities, and cost sharing or matching
requirements. Applications that do not meet the requirements in this
section are ineligible for funding. Instructions for submitting
eligibility information to FRA are detailed in section (D) of this
notice.
1. Eligible Applicants
The following entities are eligible to submit applications to
participate in the Corridor ID Program under this notice:
a. Amtrak.
b. States.
c. Groups of States.
d. Entities implementing interstate compacts.
e. Regional passenger rail authorities.
f. Regional planning organizations.
g. Political subdivisions of a State.
h. Federally recognized Indian Tribes.
The applicant serves as the primary point of contact for the
application, and if selected, as the recipient of the Corridor ID
Program grant award. An application may identify entities that are not
eligible applicants as Corridor partners.
2. Cost Sharing or Matching
For Step 1 activities, there is no minimum cost share or match
requirement for Corridors funded under this notice. For Step 2
activities, the Federal share of total costs for a Corridor will not
exceed 90 percent.\8\ For Stage 3 activities, the Federal share
[[Page 77926]]
of total costs for a Corridor will not exceed 80 percent.
---------------------------------------------------------------------------
\8\ The notice establishing the Corridor ID Program stated that
not less than a 20 percent non-Federal share of eligible costs would
be expected for the Corridor ID Program. 87 FR 29432. While a 20
percent match is consistent with the requirements of the Fed-State
Partnership program, it is not required for the Corridor ID Program.
See 49 U.S.C. 24911(f)(2) (establishing a Federal share of 80
percent for ``a project under this section''--``this section'' is
the Fed-State Partnership program (which does not encompass the
Corridor ID Program). After further consideration, outreach, and
development of the Program, FRA believes a graduated non-Federal
match requirement better advances the Program by further encouraging
applicants from across the country to participate. Therefore, as
reflected in this notice, FRA will fund 100 percent of the eligible
Step 1 activities, up to 90 percent of the eligible Step 2
activities, and up to 80 percent of the eligible Step 3 activities.
---------------------------------------------------------------------------
The non-Federal share may be composed of public sector (e.g., state
or local) and/or private sector funding. FRA will not consider any non-
Federal funds already expended (or otherwise encumbered) toward the
matching requirement,\9\ unless compliant with 2 CFR part 200. In-kind
contributions, including the donation of services, materials, and
equipment, may be credited as a project cost, in a uniform manner
consistent with 2 CFR 200.306.
---------------------------------------------------------------------------
\9\ See section (F)(2)(a) for supporting information required to
demonstrate eligibility of Federal funds for use as match.
---------------------------------------------------------------------------
Amtrak or another railroad carrier may use ticket and other non-
Federal revenues generated from its operations and other sources as
matching funds.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. Cost sharing or matching
may be used only for eligible purposes under the Program and are
subject to the requirements of the Federal award.
3. Eligible Corridors
An applicant is not limited in the number of Corridors for which
they seek participation in the Corridor ID Program. The Corridors that
are eligible under the Corridor ID Program are defined in section
(A)(2). See also 49 U.S.C. 25101(h). That definition is limited
exclusively to intercity passenger rail routes. As such, commuter rail
services are not ``Corridors'' under this definition and are not
eligible to participate in the Program. See 49 U.S.C. 24102(4)
(``[I]ntercity rail passenger transportation'' means rail passenger
transportation, except commuter rail passenger transportation.'').\10\
Likewise, an eligible Corridor must encompass a geographic scope
sufficient to constitute intercity passenger rail transportation; a
proposal that only consists of a portion of a route, which if advanced
independently would not constitute intercity passenger transportation,
is not eligible.
---------------------------------------------------------------------------
\10\ With that said, a Corridor may jointly benefit commuter
rail services and intercity passenger rail services and be eligible
to participate in the Program, assuming it meets the Corridor
criteria as described in section (A)(2).
---------------------------------------------------------------------------
While an eligible Corridor may include geographic markets and/or
segments that are outside of the United States (e.g., where a major
travel market outside of the United States is located in proximity to
the international border, or where a Corridor segment passing outside
of the United States connects markets lying within the United States),
the Corridor ID Program will focus on the components of a Corridor that
are located in the United States.
In addition, Corridor eligibility is limited to proposals that use
technologies that are ready for deployment and Implementation at the
time of application. Proposals that include the use of unproven
technologies that are under development at the time of application are
not eligible.
4. Eligible Activities
For Corridors selected to participate in the Corridor ID Program,
the following activities are eligible for funding under 49 U.S.C.
24911(k) and this notice:
a. Step 1: The initiation of an applicant's Corridor development
efforts under the Program (including securing the professional and
technical staff or contractor support necessary to prepare an SDP) and
the development of a scope, schedule, and cost estimate for preparing
an SDP for a Corridor.
b. Step 2: The preparation of an SDP (or an update to an existing
SDP) consistent with 49 U.S.C. 25101(d) and this notice to complete
Project Planning work consistent with FRA's Guidance on Development and
Implementation of Railroad Capital Projects.
c. Step 3: The preparation of all additional Project Development
work required to ready the Corridor (or the initial phase or phases of
the Corridor) for Implementation. Such work includes the completion of
PE and NEPA activities, and other documentation for the Corridor's
capital project(s) to advance to Implementation, consistent with FRA's
Guidance on Development and Implementation of Railroad Capital
Projects.
D. Application and Submission Information
1. Address To Request Application Package
Application materials may be accessed at https://www.Grants.gov.
Applicants must submit all application materials in their entirety
through https://www.grants.gov no later than 5 p.m. ET, on March 20,
2023. Applicants are strongly encouraged to apply early to ensure that
all materials are received before the application deadline. FRA
reserves the right to modify this deadline. General information for
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a disability. If you require an
alternative version of files provided, please contact Laura Mahoney,
Office of the Chief Financial Officer, Federal Railroad Administration,
1200 New Jersey Avenue SE, Washington, DC 20590; email:
[email protected]; phone: 202-578-9337.
2. Content and Form of Application Submission
FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for selection and funding under
the Corridor ID Program. Applications that are not submitted on time or
do not contain all required documentation will not be considered. To
support the application, applicants may provide other relevant and
available optional supporting documentation that may have been
developed by the applicant.
Required documents for an application package are described in
subsections (a) and (b) below.
a. Corridor Narrative
This section describes the minimum content required in the Corridor
Narrative for applications under the Corridor ID Program. The Corridor
Narrative must follow the basic outline below to address the Program
requirements and to assist evaluators in locating relevant information.
------------------------------------------------------------------------
------------------------------------------------------------------------
I. Cover Page.............................. See D.2.a.i.
II. Corridor Summary....................... See D.2.a.ii.
III. Corridor Funding...................... See D.2.a.iii.
IV. Applicant Eligibility.................. See D.2.a.iv.
V. Detailed Corridor Description........... See D.2.a.v.
VI. Corridor Location...................... See D.2.a.vi.
VII. Evaluation and Selection Criteria..... See D.2.a.vii.
[[Page 77927]]
VIII. DOT Strategic Goals.................. See D.2.a.viii.
------------------------------------------------------------------------
The above content must be provided in a narrative statement
submitted by the applicant. The Corridor Narrative may not exceed 15
pages in length (excluding cover pages, table of contents, and
supporting documentation). FRA will not review or consider Corridor
Narratives beyond the 15-page limitation. If possible, applicants
should submit supporting documents via website links rather than hard
copies. If supporting documents are submitted, applicants must clearly
identify the relevant portion of the supporting document with the page
numbers of the cited information in the Corridor Narrative. The
Corridor Narrative must adhere to the following outline.
i. Cover Page: Include a cover page that lists the following
elements in either a table or formatted list:
------------------------------------------------------------------------
------------------------------------------------------------------------
Corridor Title
Applicant
Was a Federal Grant Application Previously Yes/No
Submitted for this Corridor? If yes, please specify the
program, funding year and
project title of the
previous application.
Other sources of Funding for the Corridor?. Yes/No
If yes, please specify the
source of funding and the
estimated amount.
City(-ies), State(s) Where the Corridor is
Located
Congressional District(s) Where the
Corridor is Located
Is the Corridor currently programmed or Yes/No
identified in: State rail plan, or If yes, please specify in
regional or interregional intercity which plans the Corridor is
passenger rail systems planning study? currently programmed/
identified and how the
plan may be accessed.
Is the applicant working with other Yes/No
entities in support of the Corridor?. If yes, please specify the
entities.
------------------------------------------------------------------------
ii. Corridor Summary: Provide a brief 4-6 sentence summary of the
Corridor. Include challenges the Corridor aims to address and summarize
the intended outcomes and anticipated benefits that will result from
the Corridor.
iii. Corridor Funding: If applicable, indicate in table format the
amount of non-Program funding (both Federal and non-Federal) available
at the time of application to support eligible activities under the
Program.\11\ Identify the source(s) of non-Program funds, including
funding commitment letters outlining funding agreements, as attachments
or in an appendix. If non-Program Federal funding is available to
support the development of the Corridor, demonstrate the applicant's
determination of eligibility for such use, and the legal basis for that
determination. Also, note if any available non-Program funding must be
obligated or spent by a certain date due to dependencies or
relationships with other Federal or non-Federal funding sources,
related projects, law, or other factors. Finally, specify whether
Federal funding for the Corridor has previously been sought, and
identify the Federal program and fiscal year of the funding request(s),
as well as highlight new or revised information in the Corridor ID
Program application that differs from the application(s) to other
financial assistance programs.
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\11\ Although there is not a cost sharing requirement for the
selection of a Corridor to participate in the Program, as discussed,
there is a cost sharing requirement in connection with Step 2 and
Step 3 activities under the Program.
---------------------------------------------------------------------------
iv. Applicant Eligibility: Explain how the applicant meets the
applicant eligibility criteria outlined in section (C) of this notice
including where appropriate citations to applicable enabling
legislation for the applicant.
v. Detailed Corridor Description: Include a detailed Corridor
description that expands upon the brief Corridor summary. This detailed
description should address, at a minimum: (1) information regarding the
basic characteristics of the Corridor, including the key geographic
travel markets that must be served for the Corridor to fulfill its
intended objectives, high-level initial estimates, preferably expressed
as ranges or options, of certain Corridor characteristics (such as the
potential service frequencies and travel times between the Corridor-
defining markets, the potential geographic routes for the Corridor
(particularly if the subject Corridor is intended to operate over
existing rail lines), and, for Corridors with improvements to existing
intercity passenger rail services, a detailed description of the
improvements proposed to be developed under the Program); (2)
information necessary to assess the readiness of the Corridor to enter
into planning and development under the Program, including
demonstrating the existing level of commitment of the applicant; (3) a
description of any eligible activities (see section (C)) that have been
completed or are currently ongoing for the Corridor; (4) the intended
operator of the Corridor, if known; \12\ (5) the legal, technical, and
financial capability and capacity of the applicant and relevant
partners to engage in the planning and development of the Corridor, as
well as their ability to support and fund the Implementation and
operation of the Corridor; \13\ (6) information on the challenges the
Corridor aims to address; (7) the expected users and beneficiaries of
the Corridor, including all railroad operators; (8) the applicant's
interest in potential scaling of the Corridor
[[Page 77928]]
proposal and/or phasing of its Implementation; (9) for applicants
submitting applications for multiple Corridors, a listing of all
applications and the applicant's prioritization of the Corridors; and
(10) any other information the applicant deems necessary to justify the
Corridor. FRA may also consider relevant supporting documentation, such
as letters of support from partnering organizations, none of which will
count against the Corridor Narrative 15-page limit.
---------------------------------------------------------------------------
\12\ For example, Amtrak's role as operator is relevant to the
Corridor planning and development process (including the use and
improvement of facilities of host railroads, ongoing operating and
maintenance costs, and requirements regarding the provision of
operating financial support by service sponsors). In the May 13,
2022, notice that formally established the Program, FRA indicated
that applications must state whether the Corridor was intended to be
operated by Amtrak. 87 FR 29436. However, FRA has now determined
that this question may be addressed in Step 1 under the Program.
With that said, if the applicant has made a determination at the
time of application, it should include that information in the
application.
\13\ The ability to secure such future funding may be
demonstrated by the applicant's past or current funding of intercity
passenger rail capital improvements and operations.
---------------------------------------------------------------------------
vi. Corridor Location: Include geospatial data for the Corridor, as
well as a map of the Corridor's location. For applications relating to
Corridors for which the route and geographic alignment is not known,
the geospatial data and map may be limited in detail to depicting the
connections between the key geographic travel markets that must be
served for the Corridor to fulfill its intended objectives. Geospatial
data can be expressed in terms of decimal degrees for latitude and
longitude of at least five decimal places of precision or start and end
mileposts designating railroad code and subdivision name. On the map,
include the Congressional districts which the Corridor may traverse.
vii. Evaluation and Selection Criteria: Include a thorough
discussion of how the Corridor meets the evaluation and selection
criteria, as outlined in section (E) of this notice. FRA recognizes
that an applicant may not be able to provide detailed information in
connection with each of the statutory evaluation criteria (section
(E)(1)(b)(i)). Applicants are encouraged to provide as much detail
related to those criterion as is available, and applications will not
be penalized in the evaluation process where detailed information is
not available.
viii. DOT Strategic Goals: To the extent feasible, applicants
should describe, as applicable, efforts to consider climate change and
sustainability impacts, as well as efforts to improve equity and reduce
barriers to opportunity in Corridor planning. In addition, applicants
should describe how Corridor planning and development may advance good-
paying, quality jobs and workforce programs and hiring policies that
promote workforce inclusion. Additional information about strong labor
standards that grant award recipients will be expected to meet are
described below in Administrative and National Policy Requirements
(section (F)(2)).
b. Additional Application Elements
Applicants must submit:
i. SF 424--Application for Federal Assistance.
ii. SF 424A--Budget Information for Non-Construction.
iii. SF 424B--Assurances for Non-Construction.
iv. FRA F 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
v. FRA F 251--Applicant Financial Capability Questionnaire, located
at https://railroads.dot.gov/elibrary/fra-f-251.
vi. SF LLL--Disclosure of Lobbying Activities, if applicable.
Standard OMB Forms needed for the electronic application process
are at www.Grants.gov.
3. Unique Entity Identifier and System for Award Management (SAM)
To apply for funding through Grants.gov, applicants must be
properly registered in SAM before submitting an application; provide a
valid unique entity identifier in its application; and continue to
maintain an active SAM registration as described in detail below.
Complete instructions on how to register and submit an application can
be found at www.Grants.gov. Registering with Grants.gov is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for
an application extension.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable SAM requirements. If an applicant has
not fully complied with these requirements by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
Federal award and use that determination as a basis for making a
Federal award to another applicant. Late applications that are the
result of a failure to register or comply with Grants.gov applicant
requirements in a timely manner will not be considered. If an applicant
has not fully complied with the requirements by the submission
deadline, the application will not be considered. To submit an
application through Grants.gov, applicants must:
a. Register With the SAM at www.SAM.gov.
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in Grants.gov. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and subrecipients.
Organizations that have previously submitted applications via
Grants.gov are already registered with SAM, as it is a requirement for
Grants.gov registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a recipient's immediate and
highest-level owner and subsidiaries, as well as on all predecessors
that have been awarded a Federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at www.sam.gov.
b. Obtain a Unique Entity Identifier.
On April 4, 2022, the federal government stopped using DUNS
numbers. The DUNS Number was replaced by a new, non-proprietary
identifier that is provided by the System for Award Management
(SAM.gov). This new identifier is called the Unique Entity Identifier
(UEI), or the Entity ID. To find or request a Unique Entity Identifier,
please visit www.sam.gov.
c. Create a Grants.gov username and password.
Applicants must complete an Authorized Organization Representative
(AOR) profile on www.Grants.gov and create a username and password.
Applicants must use the organization's UEI to complete this step.
Additional information about the registration process is available at:
https://www.grants.gov/web/grants/applicants/organization-registration.html.
d. Acquire Authorization for your AOR from the E-Business Point of
Contact (E-Biz POC).
The E-Biz POC at the applicant's organization must respond to the
registration email from Grants.gov and login at www.Grants.gov to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
[[Page 77929]]
e. Submit an Application Addressing All Requirements Outlined in
this NOFO.
If an applicant has trouble at any point during this process,
please call the Grants.gov Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: 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 p.m. ET, March 20, 2023. Applicants will receive a system-
generated acknowledgement of receipt. FRA reviews www.Grants.gov
information on dates/times of applications submitted to determine
timeliness of submissions. Late applications will be neither reviewed
nor considered. Delayed registration is not an acceptable reason for
late submission. To apply for funding under this announcement, all
applicants are expected to be registered as an organization with
Grants.gov. Applicants are strongly encouraged to apply early to ensure
all materials are received before this deadline.
To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) failure to complete the Grants.gov registration process before the
deadline; (2) failure to follow Grants.gov instructions on how to
register and apply as posted on its website; (3) failure to follow all
the instructions in this notice; and (4) technical issues experienced
with the applicant's computer or information technology environment.
5. Intergovernmental Review
Intergovernmental Review is required for this Program. Applicants
must contact their State Single Point of Contact to comply with their
state's process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as applicable, FRA will only approve
pre-award costs for Step 1 if such costs are incurred pursuant to the
negotiation and in anticipation of the grant agreement and if such
costs are necessary for efficient and timely performance of the scope
of work. Under 2 CFR 200.458, grantees must seek written approval from
FRA for pre-award Step 1 activities to be eligible for reimbursement
under the grant. Activities initiated prior to the execution of a grant
or without FRA's written approval may be ineligible for reimbursement
or matching contribution. Cost sharing or matching may be used only for
authorized Federal award purposes.
7. Other Submission Requirements
For any supporting application materials that an applicant cannot
submit via Grants.gov, such as oversized engineering drawings, an
applicant may submit an original and two (2) copies to Peter Schwartz,
Acting Director, Office of Railroad Planning and Engineering, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590. However, due to delays caused by enhanced screening of mail
delivered via the U.S. Postal Service, FRA advises applicants to use
other means of conveyance (such as courier service) to assure timely
receipt of materials before the application deadline. Additionally, if
documents can be obtained online, explaining to FRA how to access files
on a referenced website may also be sufficient.
Note: Please use generally accepted formats such as .pdf, .doc,
.docx, .xls, .xlsx and .ppt, when uploading attachments. While
applicants may embed picture files, such as .jpg, .gif, and .bmp in
document files, applicants should not submit attachments in these
formats. Additionally, the following formats will not be accepted:
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.
E. Application Review Information
1. Criteria
a. Eligibility, Completeness, and Applicant Risk Review
FRA will first screen each application for applicant and Corridor
eligibility (eligibility requirements are outlined in section (C) of
this notice), and completeness (application documentation and
submission requirements are outlined in section (D) of this notice).
FRA will then consider applicant risk, including the applicant's
past performance in developing and delivering similar projects.
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section.
i. Corridor Benefits:
FRA will evaluate the Corridor benefits of the proposed Corridor,
including: \14\
---------------------------------------------------------------------------
\14\ As discussed, FRA recognizes that detailed information
capable of demonstrating that a Corridor meets certain of these
evaluation criteria (e.g., sections (A)-(E)), may not have been
developed for the Corridor at the time of application (as much of
this information would be developed as part of the preparation of an
SDP). Applications will not be penalized in the evaluation process
if detailed information related to these criteria is not available
at the time of application.
---------------------------------------------------------------------------
A. The projected ridership, revenues, capital investment, and
operating funding requirements.
B. The anticipated environmental, congestion mitigation, and other
public benefits.
C. The projected trip times and their competitiveness with other
transportation modes.
D. The anticipated positive economic and employment impacts.
E. The benefits to rural communities.
F. Whether the Corridor serves historically unserved or underserved
and low-income communities or areas of persistent poverty.
G. Whether the Corridor would benefit or improve connectivity with
existing or planned transportation services of other modes.
H. Whether the Corridor connects at least 2 of the 100 most
populated metropolitan areas.
I. Whether the Corridor would enhance the regional equity and
geographic diversity of intercity passenger rail service.
J. Whether the Corridor is or would be integrated into the national
rail passenger transportation system and would create benefits for
other passenger rail routes and services.
ii. Technical Merit:
FRA will also evaluate application information for the following:
A. Whether the applicant is ready to commence activities under the
Program and to complete, at a minimum, Step 1 and Step 2.
B. Whether the technical qualifications and experience of key
personnel the applicant proposes to lead and perform the technical
efforts, including the qualifications of the primary and supporting
organizations, demonstrates the ability to fully, timely, and
successfully execute Step 1 and Step 2 activities for the Corridor.
C. The applicant's commitment to the Implementation and operation
of the Corridor (e.g., documented support for the Corridor from
relevant legislative and executive government bodies, an established
history of support for intercity passenger rail operations and capital
investments, etc.).
D. Whether the route was identified as part of a regional or
interregional planning study.
[[Page 77930]]
E. The committed or anticipated non-Federal funding for operating
and capital costs.\15\
---------------------------------------------------------------------------
\15\ As noted, FRA recognizes that detailed information may not
have been developed for the Corridor at the time of application.
Applications will not be penalized in the evaluation process if
detailed information related to this criteria is not available at
the time of application.
---------------------------------------------------------------------------
F. Whether the Corridor is included in a State's approved State
rail plan.
G. Whether a passenger rail operator has expressed support for the
Corridor.
c. Selection Criteria
In addition to the eligibility and completeness review and the
evaluation criteria outlined above, FRA will apply the following
selection criteria:
i. DOT Strategic Goals
A. Safety.
FRA will assess the Corridor's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Department's strategic goal to reduce transportation-related
fatalities and serious injuries across the transportation system. To
the extent applicable, such considerations will include, but are not
limited to, the extent to which the Corridor improves safety at
highway-rail grade crossings, reduces incidences of rail-related
trespassing, upgrades infrastructure to achieve a higher level of
safety, and uses an appropriately trained workforce.
B. Economic Strength and Global Competitiveness.
1. Infrastructure Investment and Job Creation.
In support of Executive Order 14025, Worker Organizing and
Empowerment (86 FR 22829), and Executive Order 14052, Implementation of
the Infrastructure Investment and Jobs Act (86 FR 64335), FRA will
assess to the extent applicable the Corridor's ability to contribute to
economic progress stemming from infrastructure investment and
associated job creation in the industry. Such considerations will
include, but are not limited to, the extent to which the Corridor
results in long-term job creation by supporting good-paying
construction and manufacturing jobs directly related to the Corridor
with free and fair choice to join a union, such as through the use of
project labor agreements or union neutrality agreements, pre-
apprenticeships tied to Registered Apprenticeships, Registered
Apprenticeships, community-benefit agreements, and local hiring
provisions, or other targeted preferential hiring requirements, or
other similar standards or protections; invests in vital infrastructure
assets and provides opportunities for families to achieve economic
security through rail industry employment.
2. Support Resilient Supply Chains & Economic Opportunity.
To the extent applicable, Corridors will also be assessed by their
ability to promote the efficiency and resilience of supply chains by
increasing freight rail capacity, reducing congestion, alleviating
bottlenecks, and increasing multimodal connections. In addition,
applicants are encouraged to consider the ability of the Corridor to
provide greater access to economic opportunity to residents through
greater connections to jobs, commerce, and educational opportunities.
Applicants are also encouraged to consider the ability of the Corridor
to encourage transit-oriented development to the extent it is
applicable.
C. Equity.
In support of Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009), and Executive Order 14008, Tackling the Climate Crisis at
Home and Abroad (86 FR 7619), to the extent applicable FRA will assess
the Corridor's ability to address equity and barriers to opportunity,
to the extent possible within the Program and consistent with law. Such
considerations will include, but are not limited to, the applicant's
plan for using small businesses to complete work activities under the
Program, the extent to which the Corridor improves or expands
transportation options for underserved communities, mitigates the
safety risks and detrimental quality of life effects that rail lines
can have on communities especially those communities that might have
been historically disconnected due to the railroad infrastructure, and
expands workforce development and career pathway opportunities to
foster a more diverse rail industry. This will also include community
engagement efforts already taken or planned, the extent to which
engagement efforts are designed to meaningfully reach impacted
communities, whether engagement is accessible for persons with
disabilities or limited English proficient persons within the impacted
communities, and how community feedback is taken into account in
decision-making.
D. Climate and Sustainability.
In support of E.O. 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' to the extent applicable, to the extent applicable FRA will
assess the Corridor's ability to reduce the harmful effects of climate
change and anticipate necessary improvements to prepare for extreme
weather events. Such considerations will include, but are not limited
to, the extent to which the Corridor reduces emissions, promotes energy
efficiency, increases resiliency, and recycles or redevelops existing
infrastructure.
E. Transformation.
FRA will assess the Corridor's ability to expand and improve the
nation's rail network, which needs to balance new infrastructure for
increased capacity with proper maintenance of aging assets. As
applicable, such considerations will include, but are not limited to,
the extent to which the Corridor adds capacity to congested corridors,
improves supply chain resilience, and ensures assets will be improved
to a state of good repair.
ii. Previous Federal High-Speed Rail Corridor Designations
Beginning with the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991, and continuing through 2011, FRA
``designated'' a total of 11 high-speed rail corridors.\16\ FRA will
take these designations into consideration when evaluating applications
to participate in the Program.
---------------------------------------------------------------------------
\16\ These designated rail corridors are as follows: (1) a
Midwest corridor (linking Chicago, IL with Detroit, MI, St. Louis,
MO, and Milwaukee, WI; an extension from Milwaukee, WI to
Minneapolis/St. Paul, MN; an extension to Indianapolis, IN and
Cincinnati, OH; an extension from Chicago, IL to Toledo, OH and
Cleveland, OH; an extension from Indianapolis, IN to Louisville, KY;
an extension between Cleveland, OH, Columbus, OH, Dayton, OH, and
Cincinnati, OH; and an extension from St. Louis, MO to Kansas City,
MO); (2) a Florida corridor (linking Miami with Orlando and Tampa);
(3) a California corridor (linking San Diego, Los Angeles, the San
Francisco Bay, and Sacramento; and an extension to Las Vegas, NV);
(4) a Southeast corridor (connecting Charlotte, NC, Richmond, VA,
and Washington DC; an extension from Charlotte, NC to Greenville, SC
to Atlanta, GA to Macon, GA; an extension from Raleigh, SC to
Columbia, SC and to Savannah, GA and Jacksonville, FL; and an
extension from Macon, GA to Jesup, GA); (5) a Pacific Northwest
corridor (linking Eugene, OR and Portland, OR with Seattle, WA and
Vancouver, Canada); (6) a Gulf Coast corridor (including an
extension from Birmingham, AL to Atlanta, GA); (7) a Keystone
corridor (from Philadelphia to Harrisburg; and an extension from
Harrisburg to Pittsburgh); (8) an Empire State corridor (from New
York City to Albany and Buffalo); (9) a Northern New England
corridor (linking Boston, MA with Portland/Auburn, ME and Montreal,
Canada; and an extension from Boston, MA to Springfield, MA and
Albany, NY and from Springfield, MA to New Haven, CT); (10) a South
Central corridor (linking Dallas/Ft. Worth, TX with Austin, TX and
San Antonio, TX, Oklahoma City, OK and Tulsa, OK, and Texarkana, TX/
AR, and Little Rock, AR); and (11) a Northeast corridor (between
Washington, DC, Philadelphia, PA, New York, NY, and Boston, MA).
---------------------------------------------------------------------------
iii. Other Factors
While FRA intends the Corridor ID Program to support the
development of many, varied intercity passenger rail
[[Page 77931]]
corridors, FRA may limit its selection of Corridors, particularly at
the beginning of the Program, based on several considerations. Such
considerations may include the availability of Federal funding to
implement Corridors developed under the Corridor ID Program, the
capacity of the intercity passenger rail industry as a whole to support
the Corridor development efforts, and a strategy to grow the Program at
a sustainable rate.
FRA's selection of Corridors may also be influenced by the overall
level of risk, complexity, and level of effort associated with the
development of a Corridor. For example, FRA may limit the number of
selected Corridors that involve entirely new intercity passenger rail
services, due to the significant risks, complexity, and level of effort
involved in developing and implementing such proposals. Conversely, FRA
may be more expansive in selecting Corridors that involve incremental
improvements to existing services, as the development of such proposals
would likely involve relatively lower risk, complexity, and level of
effort.
2. Review and Selection Process
FRA will conduct a five-part application review and selection
process, as follows:
a. Screen applications for applicant eligibility, corridor
eligibility, completeness, and applicant risk including past
performance in developing and delivering similar projects;
b. Evaluate screened applications (completed by technical panels
applying the evaluation criteria);
c. If applicable, conduct discussions with applicants of screened
applications, including to address potential Corridor scaling; the
prioritization of Corridors for applicants with multiple applications;
and a Corridor's geographic overlap with another Corridor;
d. Review and apply selection criteria and recommend initial
selection of Corridors for the FRA Administrator's review (completed by
a non-career Senior Review Team, which includes senior leadership from
the Office of the Secretary and FRA); and
e. Select recommended corridors for the Secretary's review and
approval (completed by the FRA Administrator).
3. Reporting Matters Related to Integrity and Performance
Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold of $250,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), FRA will review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
See 41 U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.205.
F. Federal Award Administration Information
1. Federal Award Notice
FRA will announce applications selected for participation in the
Corridor ID Program in a press release and on FRA's website after the
application review period. This announcement is FRA's notification to
successful and unsuccessful applicants alike. FRA will contact
applicants with successful applications after announcement with
information and instructions about the award process. This notification
is not an authorization to begin proposed Step 1 activities. FRA
requires satisfaction of applicable requirements by the applicant and a
formal agreement signed by both the grantee and the FRA before
obligating the grant. See an example of standard terms and conditions
for FRA grant awards at https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is subject to
revision.
2. Administrative and National Policy Requirements
In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees must comply
with all applicable requirements of Federal law, including, without
limitation: the Constitution of the United States; the relevant
authorization and appropriations, the conditions of performance,
nondiscrimination requirements, and other assurances made applicable to
the award of funds in accordance with regulations of DOT; and
applicable Federal financial assistance and contracting principles
promulgated by the Office of Management and Budget (OMB). In complying
with these requirements, grantees, in particular, must ensure that no
concession agreements are denied or other contracting decisions made on
the basis of speech or other activities protected by the First
Amendment. If FRA determines that a grant recipient has failed to
comply with applicable Federal requirements, FRA may terminate the
award of funds and disallow previously incurred costs, requiring the
recipient to reimburse any expended award funds. See an example of
standard terms and conditions for FRA grant awards at https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is subject to revision.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D--Procurement Standards; 2 CFR 1207.317 and 2 CFR 200.401;
compliance with Federal civil rights laws and regulations;
disadvantaged business enterprises requirements; debarment and
suspension requirements; drug-free workplace requirements; FRA's and
OMB's Assurances and Certifications; Americans with Disabilities Act;
safety requirements; NEPA; environmental justice requirements; and 2
CFR 200.315, governing rights to intangible property. Unless otherwise
stated in statutory or legislative authority, or appropriations
language, all financial assistance awards follow the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
Selected Corridors must sufficiently consider climate change and
sustainability in their planning and development activities, as
determined by FRA, consistent with Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86 FR 7619). Activities that address
climate change include, but are not limited to, demonstrating: the
Corridor will result in significant greenhouse gas emissions
reductions; and the Corridor supports emissions reductions goals in a
Local/Regional/State plan. Activities that address EJ include but are
not limited to: basing Corridor and project design on the results of a
proven EJ screening tool (developed by another Federal agency such as
the EPA,\17\ a State agency, etc.); conducting enhanced, targeted
outreach to EJ communities; considering EJ in alternatives analysis
[[Page 77932]]
and final project design; and supporting a modal shift in passenger
movement to reduce emissions or reduce induced travel demand.
---------------------------------------------------------------------------
\17\ For more information regarding the EPA EJ screening tool
see https://www.epa.gov/ejscreen.
---------------------------------------------------------------------------
Selected Corridors must sufficiently consider equity and barriers
to opportunity in their planning and development activities, as
determined by FRA, consistent with Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (86 FR 7009). Activities that address equity and
barriers to opportunity include, but are not limited to: completing an
equity impact analysis for the Corridor; adopting an equity and
inclusion program/plan; conducting meaningful public engagement to
ensure underserved communities are provided an opportunity to be
involved in the planning process and is conducted in a manner that is
consistent with title VI requirements; including investments that
either redress past barriers to opportunity or that proactively create
new connections and opportunities for underserved communities; hiring
from local communities; improving access to or providing economic
growth opportunities for underserved, overburdened, or rural
communities; or addressing historic or current inequitable air
pollution or other environmental burdens and impacts.
Each applicant selected to participate in the Corridor ID Program
must ensure that, to the extent applicable, the service development
planning activities and the Project Development activities under the
Program sufficiently consider job quality and labor rights, as
determined by the Department of Labor, consistent with Executive Order
14025, Worker Organizing and Empowerment (86 FR 22829), and Executive
Order 14052, Implementation of the Infrastructure Investment and Jobs
Act (86 FR 64335). Specifically, the service development planning
activities and the Project Development activities must support: (a)
strong labor standards and the free and fair choice to join a
union,\18\ including project labor agreements, local hire
agreements,\19\ distribution of workplace rights notices, and the use
of an appropriately trained workforce; (b) support of high-quality
workforce development programs, including registered apprenticeship,
labor-management training programs, and supportive services to help
train, place, and retain people in good-paying jobs and
apprenticeships; and (c) comprehensive planning and policies to promote
hiring and inclusion for all groups of workers, including through the
use of local and economic hiring preferences, linkage agreements with
workforce programs that serve these underrepresented groups, and
proactive plans to prevent harassment. In addition, to the extent
applicable, the grant conditions and other requirements in 49 U.S.C.
22905, including protective arrangements that are equivalent to the
protective arrangements established under section 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836) with
respect to employees affected by action taken in connection with a
project to be financed in whole or in part by grants subject to 49
U.S.C. 22905, will apply to Corridor ID Program projects at
Implementation.
---------------------------------------------------------------------------
\18\ Federal funds may not be used to support or oppose union
organizing, whether directly or as an offset for other funds.
\19\ IIJA div. B section 25019 provides authority to use
geographical and economic hiring preferences, including local hire,
for construction jobs, subject to any applicable State and local
laws, policies, and procedures.
---------------------------------------------------------------------------
The Office of Federal Contract Compliance Programs (OFCCP) is
charged with protecting America's workers by enforcing equal employment
opportunity and affirmative action obligations of employers that do
business with the Federal Government. OFCCP enforces Executive Order
11246, section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. Together these legal
authorities make it unlawful for federal contractors and subcontractors
to discriminate in employment because of race, color, religion, sex,
sexual orientation, gender identity, national origin, disability, or
status as a protected veteran.
Consistent with E.O. 11246, Equal Employment Opportunity (30 FR
12319, and as amended), all Federally assisted contractors are required
to make good faith efforts to meet the goals of 6.9% of construction
project hours being performed by women, in addition to goals that vary
based on geography for construction work hours and for work being
performed by people of color. Under section 503 of the Rehabilitation
Act and its implementing regulations, affirmative action obligations
for certain contractors include an aspirational employment goal of 7%
workers with disabilities.
The OFCCP has a Mega Construction Project Program through which it
engages with project sponsors as early as the design phase to help
promote compliance with non-discrimination and affirmative action
obligations. Through the program, OFCCP offers contractors and
subcontractors extensive compliance assistance, conducts compliance
evaluations, and helps to build partnerships between the project
sponsor, prime contractor, subcontractors, and relevant stakeholders.
To the extent applicable, OFCCP will identify projects that receive an
award under this notice and are required to participate in OFCCP's Mega
Construction Project Program from a wide range of federally assisted
projects over which OFCCP has jurisdiction and that have a project cost
above $35 million. DOT will require project sponsors with costs above
$35 million that receive awards under this funding opportunity to
partner with OFCCP, if selected by OFCCP, as a condition of their DOT
award. Under that partnership, OFCCP will ask these project sponsors to
make clear to prime contractors in the pre-bid phase that project
sponsor's award terms will require their participation in the Mega
Construction Project Program. Additional information on how OFCCP makes
their selections for participation in the Mega Construction Project
Program is outlined under ``Scheduling'' on the Department of Labor
website: https://www.dol.gov/agencies/ofccp/faqs/construction-
compliance.''
Critical Infrastructure Security and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience. Each applicant
selected for funding under this notice should take efforts in the
Corridor's service development planning and Project Development to
consider and address, as applicable, relevant physical and cyber
security risks, consistent with the cybersecurity performance goals for
critical infrastructure and control systems directed by the National
Security Presidential Memorandum on Improving Cybersecurity for
Critical Infrastructure Control Systems, found at https://www.cisa.gov/cpgs.
Domestic Preference Requirements
Assistance under this notice is subject to the Buy America
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America
Act, Public Law 117-58, sections 70901-52, to the extent applicable to
a Corridor's service development planning and Project Development
activities. In addition, as expressed in Executive Order 14005,
Ensuring the Future Is Made in All of America by All of America's
Workers (86 FR 7475), it is the policy of the executive branch to
maximize, consistent with law, the use of goods, products, and
materials produced in,
[[Page 77933]]
and services offered in, the United States. FRA expects all applicants,
to the extent this requirement is applicable to a Corridor selected to
participate in the Corridor ID Program, to comply with that requirement
without needing a waiver. However, to obtain a waiver, a recipient must
be prepared to demonstrate how they will maximize the use of domestic
goods, products, and materials in constructing their project.
Civil Rights and Title VI
Applications should demonstrate that the recipient has a plan for
compliance with civil rights obligations and nondiscrimination laws,
including title VI of the Civil Rights Act of 1964 and implementing
regulations (49 CFR part 21), the Americans with Disabilities Act of
1990 (ADA), and section 504 of the Rehabilitation Act, and accompanying
regulations. This may include, as applicable, providing a title VI
plan, community participation plan, and other information about the
communities that will be benefited and impacted by the Corridor. The
Department's and FRA's Offices of Civil Rights may provide resources
and technical assistance to recipients to ensure full and sustainable
compliance with Federal civil rights requirements.
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly Federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring and
close out requirements. Reports must be submitted electronically.
Pursuant to 2 CFR 170.210, non-Federal entities applying under this
notice must have the necessary processes and systems in place to comply
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350. If the total
value of a selected applicant's currently active grants, cooperative
agreements, and procurement contracts from all Federal awarding
agencies exceeds $10,000,000 for any period of time during the period
of performance of this Federal award, then the applicant during that
period of time must maintain the currency of information reported SAM
that is made available in the designated integrity and performance
system (currently the Federal Awardee Performance and Integrity
Information System (FAPIIS)) about civil, criminal, or administrative
proceedings described in paragraph 2 of this award term and condition.
This is a statutory requirement under section 872 of Public Law 110-
417, as amended (41 U.S.C. 2313). As required by section 3010 of Public
Law 111-212, all information posted in the designated integrity and
performance system on or after April 15, 2011, except past performance
reviews required for Federal procurement contracts, will be publicly
available.
c. Performance and Program Evaluation
Recipients and subrecipients are also encouraged to incorporate
program evaluation, including associated data collection activities
from the outset of their program design and implementation, to
meaningfully document and measure their progress towards meeting an
agency priority goal(s). Title I of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019)
urges Federal awarding agencies and Federal assistance recipients and
subrecipients to use program evaluation as a critical tool to learn, to
improve equitable delivery, and to elevate program service and delivery
across the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency.'' 5 U.S.C. 311. Credible program evaluation activities are
implemented with relevance and utility, rigor, independence and
objectivity, transparency, and ethics (OMB Circular A-11, part 6
section 290).
For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation. (2 CFR part 200).
d. Performance Reporting
Each applicant selected for funding must collect information and
report on performance using measures mutually agreed upon by FRA and
the grantee to assess progress in achieving strategic goals and
objectives.
G. Federal Awarding Agency Contacts
For further information related to this notice, please contact
Peter Schwartz, Acting Director, Office of Railroad Planning and
Engineering, Federal Railroad Administration, 1200 New Jersey Avenue
SE, by email: [email protected] or by telephone: 202-493-6360.
H. Other Information
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR part 7 subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act and sets forth
rules for FRA to make requested materials, information, and records
publicly available under FOIA. Unless prohibited by law and to the
extent permitted under the FOIA, contents of application and proposals
submitted by successful applicants may be released in response to FOIA
requests.
Except for the information properly marked as described in section
(H), the Department may share application information within the
Department or with other Federal agencies if the Department determines
that sharing is relevant to the respective program's objectives.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-27559 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-06-P