Notice of Funding Opportunity for Special Transportation Circumstances Projects, 56688-56698 [2023-17834]
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This information collection
specifically facilitates work and training
arrangements with foreign counterparts,
ICAO and its subsidiary organizations,
other international organizations and
fora, and with private entities around
the world; it identifies opportunities
and unexpected changes; and it
ultimately contributes to the fulfillment
of the FAA’s mission to provide the
safest, most efficient aerospace system
in the world.
Foreign affairs specialists assigned to
the FAA Office of International Affairs
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and its subsidiary organizations, other
international organizations and fora, or
from private foreign entities) verbally,
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Respondents: You are asked to
comment on any aspect of this
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whether the proposed collection of
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performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
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Frequency: The FAA estimates this
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in approximately twenty instances of
international technical assistance per
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Estimated Average Burden per
Response: Given unique requirements
the FAA and respondents may have,
and the ongoing dialog necessary to
conduct work with foreign entities, the
FAA estimates a cumulative burden of
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Estimated Total Annual Burden: We
estimate 20 responses per year at an
average of 4 hours per response, for a
total annual hourly burden of 80 hours.
We found that these activities are
typically performed by the respondents’
equivalent to a FAA foreign affairs
specialist, for which the FAA assumes
a mid-grade GS-13 salary, Rest of USA
locality. Annual salary is $111,628,
divided by 2,080 hours for an hourly
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benefits and overhead cost, for FAA
employees, of 100%. This results in a
fully loaded wage of $107.33 per hour.
The total hourly burden of 80
multiplied by the fully loaded hourly
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economic burden of $8,586.77.
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Issued in Washington, DC, on August 14,
2023.
India Pinkney,
Executive Director, Office of International
Affairs.
[FR Doc. 2023–17771 Filed 8–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for
Special Transportation Circumstances
Projects
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity
(NOFO or notice).
AGENCY:
This notice details the
application requirements and
procedures for the states of Alaska,
South Dakota, and Wyoming to obtain
Special Transportation Circumstances
(STC) directed grant funding for eligible
rail Capital Projects. The funding has
been made available for the program by
the Consolidated Appropriations Act,
2017; Consolidated Appropriations Act,
2019; Further Consolidated
Appropriations Act, 2020; Consolidated
Appropriations Act, 2021; Consolidated
Appropriations Act, 2022; Consolidated
Appropriations Act, 2023; and the
Infrastructure Investment and Jobs Act
(2022 and 2023 supplemental
Appropriations) (together, the
Appropriations Acts). The opportunities
described in this notice are available
under Assistance Listing number
20.325, ‘‘Consolidated Rail
Infrastructure and Safety
Improvements.’’ Alaska, South Dakota,
and Wyoming must each submit
applications for projects meeting the
requirements of this notice to receive
directed funding. Should FRA identify
additional available funding after the
release of this NOFO, FRA may elect to
award such additional funding to a
project submitted for funding under this
NOFO, as permitted by law.
DATES: Applications for funding under
this solicitation are due no later than
5:00 p.m. ET, on Friday, September 29,
2023. Applications for funding, or
supplemental material in support of
applications, received after that date,
will not be considered for funding.
Incomplete applications for funding will
not be considered for funding. See
Section D of this notice for additional
information on the application process.
ADDRESSES: Applications must be
submitted via www.GrantSolutions.gov.
SUMMARY:
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Only applicants who comply with all
submission requirements described in
this notice and submit applications
through www.GrantSolutions.gov will
be eligible for award. For any
supporting application materials that an
applicant is unable to submit via
www.GrantSolutions.gov (such as
oversized engineering drawings), an
applicant may submit an original and
two (2) copies to Mr. Leonardo
Maldonado, Office of Railroad
Development, 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, applicants
are advised to use other means of
conveyance (such as courier service) to
assure timely receipt of materials before
the application deadline.
FOR FURTHER INFORMATION CONTACT: For
further information concerning this
Notice, please contact the FRA NOFO
Support program staff via email at FRANOFO-Support@dot.gov or Ryan
Arbuckle at 202–617–0212.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA
recommends that applicants read this
notice in its entirety prior to preparing
application materials. The definitions of
key terms used throughout the NOFO
are listed under the Program Description
in Section A(2). These key terms are
capitalized throughout the NOFO. There
are several administrative and eligibility
requirements described herein with
which applicants must comply.
Additionally, applicants should note
that the required Project Narrative
component of the application package
may not exceed 25 pages in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
1. Purpose
The purpose of this notice is to solicit
applications from the states of Alaska,
Wyoming, and South Dakota for grants
funded under the Appropriations Acts 1
1 Consolidated Appropriations Act, 2017, Public
Law 115–31, Div. K, Tit I, (2017 Appropriation);
Consolidated Appropriations Act, 2019, Public Law
116–6, Div. G, Tit. I (2019 Appropriation); Further
Consolidated Appropriations Act, 2020, Public Law
116–94, Div. H, Tit. I (2020 Appropriation);
Consolidated Appropriations Act, 2021, Public Law
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to assist in funding rail Capital Projects
under the STC program authorized in 49
U.S.C. 22907(l).
2. Key Terms
a. ‘‘Capital Project’’ means a project
for: acquiring, constructing, improving,
or inspecting rail equipment, track and
track structures, or a rail facility;
expenses incidental to the acquisition or
construction including pre-construction
activities (such as designing,
engineering, location surveying,
mapping, acquiring rights-of-way) and
related relocation costs, environmental
studies and all work necessary for FRA
to approve the project under the
National Environmental Policy Act
(NEPA) and related environmental laws
and regulations; highway-rail grade
crossing improvements; 2
communication and signalization
improvements; and rehabilitating,
remanufacturing or overhauling rail
rolling stock and facilities.3
b. ‘‘Intercity Rail Passenger
Transportation’’ means rail passenger
transportation, except commuter rail
passenger transportation. See 49 U.S.C.
22901(3). In this notice, ‘‘Intercity
Passenger Rail Service’’ and ‘‘Intercity
Passenger Rail Transportation’’ are
equivalent terms to ‘‘Intercity Rail
Passenger Transportation.’’
c. ‘‘Public Benefits’’ is defined in 49
U.S.C. 22701(2) to mean a benefit
accrued to the public, including
Amtrak, in the form of enhanced
mobility of people or goods,
environmental protection or
enhancement, congestion mitigation,
enhanced trade and economic
development, improved air quality or
land use, more efficient energy use,
enhanced public safety or security, and
reduction of public expenditures due to
improved transportation efficiency or
infrastructure preservation.
d. ‘‘Railroad Route Miles’’ mean miles
of railroad operated. A mile of single
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2017
Appropriation
track is counted the same as a mile of
double track. Sidings, turnouts, yard
switching mileage, and mileage not
operated are excluded. Year-to-year
changes in miles operated are due to
both changes in track mileage and
changes in the number of railroads with
rights for the same track.
e. ‘‘Rural Area’’ is defined in 49
U.S.C. 22907(g)(2) to mean any area not
in an urbanized area, as defined by the
Census Bureau. The Census Bureau
defines Urbanized Area as an area with
a population of 50,000 or more people.4
Updated lists of UAs as defined by the
Census Bureau are available on the
Census Bureau website at https://
www2.census.gov/geo/maps/dc10map/
UAUC_RefMap/ua/.
3. Overview
The STC authorization directs the
Secretary of Transportation to allocate
to certain states an appropriate portion
of the amounts available to programs in
Chapter 229 of Title 49 of the United
States Code (Chapter 229) for grants. See
49 U.S.C. 22907(l). The Appropriations
Acts provided funding under the
Consolidated Rail Infrastructure and
Safety Improvements (CRISI) program,
Restoration and Enhancement (R&E)
Grants program, Railroad Crossing
Elimination (RCE) program, and
Interstate Rail Compacts (IRC) Grant
program in Chapter 229. As such, this
notice is for the appropriate portion (as
is further discussed below) of the
amounts made available for those four
grant programs. Separate notices of
funding opportunities for competitive
grants solicit applications for the nonSTC CRISI, R&E, RCE, and IRC Grant
funds made available by the
Appropriations Acts.
STC funding is available to provide
grants to either: (1) States in which there
is no Intercity Passenger Rail service, for
the purpose of funding freight rail
Capital Projects on a state rail plan
2018
Appropriation
2019
Appropriation
2020
Appropriation
developed under Chapter 227 of Title 49
of the United States Code (Chapter 227)
that provide Public Benefits; or (2)
States in which the rail transportation
system is not physically connected to
rail systems in the continental United
States or may not otherwise qualify for
a grant under 49 U.S.C. 22907 due to the
unique characteristics of the geography
of that state or other relevant
considerations,5 for the purpose of
funding freight or passenger rail Capital
Projects. There are currently four states
that either do not have Intercity
Passenger Rail service or are not
physically connected to rail systems in
the U.S.—Alaska, Hawaii, South Dakota,
and Wyoming. However, as explained
below, only three of these states (Alaska,
South Dakota, and Wyoming) are
allocated funds under 49 U.S.C.
22907(l).
The amount of STC directed funding
for the states is established by the
definition of ‘‘appropriate portion’’ in
49 U.S.C. 22907(l)(2). That section
defines appropriate portion to mean a
share, for each state, not less than the
share of the total Railroad Route Miles
in the state out of the total Railroad
Route Miles in the U.S., excluding from
all totals the route miles exclusively
used for tourist, scenic, and excursion
railroad operations.
The calculations for each state’s
available funding amounts follow. In the
U.S., there are 136,776 Railroad Route
Miles.6 Alaska has 506 Railroad Route
Miles or 0.37 percent of the nation’s
total, South Dakota has 1,822 Railroad
Route Miles or 1.33 percent of the
nation’s total, Wyoming has 1,877
Railroad Route Miles or 1.37 percent of
the nation’s total, and Hawaii has zero
Railroad Route Miles or zero percent of
the nation’s total.
The amounts available for Alaska,
South Dakota and Wyoming are as
follows:
2021
Appropriation
2022
Appropriation
2023
Appropriation
Total
Alaska ................................
South Dakota ....................
Wyoming ...........................
$111,604
0
0
$0
0
0
$14,470
0
0
$359,550
0
3,188,056
$0
4,361,213
5,126,220
$7,537,418
27,093,962
27,908,818
$7,631,524
27,432,234
28,257,264
$15,654,566
58,887,409
64,480,358
Total ...........................
111,604
0
14,470
3,547,606
9,487,433
62,540,198
63,321,022
139,022,333
Div. 116–260, Div. L, Tit. I (2021 Appropriation);
Consolidated Appropriations Act, 2022, Public Law
117–103 Div. L, Tit. I, (2022 regular Appropriation);
Consolidated Appropriations Act, 2023, Public Law
117–328 Div. L, Tit. I, (2023 regular Appropriation);
and the Infrastructure Investment and Jobs Act,
Public Law 117–58, Div. J, Tit. VIII (2022 and 2023
supplemental Appropriations) (together, the
Appropriations Acts).
2 For South Dakota and Wyoming projects, this
includes highway construction over rail facilities as
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an alternative to construction or improvement of a
highway-rail grade crossing.
3 For any project that includes purchasing
intercity passenger rail equipment, applicants are
encouraged to use a standardized approach to the
procurement of passenger rail equipment, such as
the specifications developed by the Next Generation
Corridor Equipment Pool Committee or a similarly
uniform process.
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4 See 74 FR 53030, 53043 (August 24, 2011)
available at https://www2.census.gov/geo/pdfs/
reference/fedreg/fedregv76n164.pdf.
5 FRA has determined that there are no states that
would ‘‘not otherwise qualify for a grant under this
section due to the unique characteristics of the
geography of that State or other relevant
considerations.’’ 49 U.S.C. 22907(l)(1)(B).
6 Association of American Railroads: https://
www.aar.org/wp-content/uploads/2021/02/AARState-Rankings-2019.pdf.
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Projects funded through the STC will
be implemented, as appropriate and
consistent with law, in alignment with
the Departmental priorities presented in
Section E below.
B. Federal Award Information
1. Available Award Amount
This NOFO makes available
$139,022,333 in directed funding for
eligible Capital Projects, as follows:
$15,654,566 for Alaska, $58,887,409 for
South Dakota, and $64,480,358 for
Wyoming.
2. Award Size
FRA encourages applicants to propose
projects or components of projects that
can be completed and implemented
with the level of funding available.
Projects may require more funding than
is available. In these cases, applicants
must identify and apply for specific
project components that have
operational independence and can be
completed with the available funding.
(See Section C(3)(b) for more
information). The expected period of
performance for the projects is within
five years from the award date.
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3. Award Type
FRA may make awards for projects
selected under this notice through grant
agreements and/or cooperative
agreements. Grant agreements are used
when FRA does not expect to have
substantial Federal involvement in
carrying out the funded activity.
Cooperative agreements allow for
substantial Federal involvement in
carrying out the agreed upon
investment, including technical
assistance, review of interim work
products, and increased program
oversight under 2 CFR 200.1 The term
‘‘grant’’ is used throughout this
document and is intended to reference
funding awarded through a grant
agreement, as well as funding awarded
through a cooperative agreement. The
funding provided under this NOFO will
be made available to grantees on a
reimbursable basis. Applicants must
certify that their expenditures are
allowable, allocable, reasonable, and
necessary to the approved project before
seeking reimbursement from FRA.
Additionally, the grantee is expected to
expend matching funds at the required
percentage concurrent with Federal
funds throughout the life of the project.
See an example of standard terms and
conditions for FRA grant awards at:
https://railroads.dot.gov/elibrary/noticegrant-award-example. This template is
subject to revision.
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4. Concurrent Applications
DOT and its 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 STC
funding under this NOFO, applicants
must indicate the other programs to
which they submitted or plan to submit
an application for funding an entire
project or certain project components, as
well as highlight new or revised
information in the application
responsive to this NOFO that differs
from the application(s) submitted for
other Federal financial assistance
programs.
C. Eligibility Information
This section of the notice explains the
requirements for submitting an eligible
grant application. Applications that do
not meet the requirements in this
section will be ineligible for funding.
Instructions for submitting eligibility
information to FRA are detailed in
Section D of this NOFO.
1. Eligible Applicants
The states of Alaska, South Dakota,
and Wyoming are the only applicants
allocated portions of the available
funding for the directed grants under 49
U.S.C. 22907(l). See Section C(3)(a) for
project eligibility. The state or state
Department of Transportation in these
states must submit applications on
behalf of their states.
2. Cost Sharing or Matching
The Federal share of total costs for an
STC project(s) must not exceed 80
percent of the total cost of a project. The
estimated total project costs must be
based on the best available information,
including engineering studies, studies of
economic feasibility, environmental
analyses, and information on the
expected use of equipment and/or
facilities. Additionally, in preparing
estimates of total project costs,
applicants should refer to FRA’s cost
estimate guidance, ‘‘Capital Cost
Estimating: Guidance for Project
Sponsors,’’ which is available at:
https://www.fra.dot.gov/Page/P0926.
The minimum 20 percent non-Federal
share may be comprised of eligible
public sector (i.e., state or local) or
private sector funding. FRA will not
consider any Federal financial
assistance, or any non-Federal funds
already expended (or otherwise
encumbered) toward the matching
requirement, unless compliant with 2
CFR part 200. In-kind contributions,
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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.
Before applying, FRA recommends
that applicants carefully review the
principles for cost sharing or matching
in 2 CFR 200.306. FRA will approve
pre-award costs consistent with 2 CFR
200.458, as applicable. See Section D(6).
Cost sharing or matching may be used
only for authorized Federal award
purposes.
3. Other
a. Project Eligibility
Projects eligible for funding improve
the safety, efficiency, and/or reliability
of rail transportation systems. For South
Dakota and Wyoming, the projects
eligible for the directed funding under
this NOFO must be freight rail Capital
Projects in those states that are on a
state rail plan developed under Chapter
227 that provide Public Benefits.
For Alaska, a project eligible for
directed funding under this NOFO must
be a freight or passenger rail-related
Capital Project in that state. Applicants
are not limited in the number of projects
for which they seek funding.
b. Project Component Operational
Independence
If an applicant requests funding for a
project that is a component or set of
components of a larger project, the
project component(s) must be attainable
with the award amount together with
other funds as necessary, obtain
operational independence, and must
comply with all eligibility requirements
described in Section C.
In addition, the component(s) must be
capable of independent analysis and
decision making, as determined by FRA,
under NEPA (i.e., have independent
utility, connect logical termini, if
applicable, and not restrict the
consideration of alternatives for other
reasonably foreseeable rail projects.).
D. Application and Submission
Information
Required documents for the
application are outlined in the following
paragraphs. Applicants must complete
and submit all components of the
application. See Section D(2) for the
application checklist.
FRA welcomes the submission of
additional relevant supporting
documentation, such as planning,
engineering and design documentation,
and letters of support from partnering
organizations that will not count against
the Project Narrative 25-page limit.
Consistent with the R.O.U.T.E.S.
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Initiative, the DOT encourages
applicants to consider how the project
will address the challenges faced by
rural areas, generally.
1. Address To Request Application
Package
Applicants must submit all
application materials, in their entirety,
through www.GrantSolutions.gov no
later than 5:00 p.m. ET, on Friday,
September 29, 2023. 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 the FRA NOFO Support
program staff via email at FRA-NOFOSupport@dot.gov.
For any supporting application
materials that an applicant cannot
submit via GrantSolutions.gov, such as
oversized engineering drawings, an
applicant may submit an original and
two (2) copies to Mr. Leonardo
Maldonado, Office of Railroad
Development, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590. Due
to delays caused by enhanced screening
of mail delivered via the U.S. Postal
Service, FRA advises applicants to use
other means of conveyance (such as
courier service) to assure timely receipt
of materials before the application
deadline. Additionally, if documents
can be obtained online, providing
instructions to FRA on how to access
files on a referenced website may also
be sufficient.
2. Content and Form of Application
Submission
FRA strongly advises applicants to
read this section carefully. Applicants
must submit all required information
and components of the application
package to be considered for funding.
Additionally, applicants must comply
with the requirements in 49 U.S.C.
22905 explained in part at https://
www.fra.dot.gov/page/P0185.
Required documents for an
application package are outlined in the
checklist below.
• Project Narrative (see Section
D.2.a).
• Statement of Work (see Section
D.2.b.i).
• SF424—Application for Federal
Assistance.
• Either: SF 424A—Budget
Information for Non-Construction or SF
424C—Budget Information for
Construction.
• Either: SF 424B—Assurances for
Non-Construction or SF 424D—
Assurances for Construction.
• FRA’s Additional Assurances and
Certifications.
• SF LLL—Disclosure of Lobbying
Activities.
Additional details about the
application content requirements are
described in the following sections.
a. Project Narrative
This section describes the minimum
content required in the Project Narrative
of the grant application. The Project
Narrative must follow the basic outline
below to address the program
requirements and assist evaluators in
locating relevant information.
I. Cover Page .....................
II. Project Funding ............
III. Project Eligibility ........
IV. Project Description .....
V. Project Location ...........
VI. Evaluation and Selection Criteria.
VII. Project Implementation and Management.
VIII. Environmental Readiness.
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.
See D.2.a.vii.
See D.2.a.viii.
The Project Narrative may not exceed
25 pages in length (excluding cover
pages, table of contents, and supporting
documentation). If possible, applicants
should submit supporting documents
via website links rather than hard
copies. If supporting documents are
submitted, applicants must clearly
identify the relevant portion of the
supporting document with the page
numbers of the cited information in the
Project Narrative. The Project Narrative
must adhere to the following outline.
i. Cover Page: Include a cover page
that lists the following elements in
either a table or formatted list:
Project Title.
Applicant name.
Total project cost.
Amount of Federal funding requested under this NOFO.
Proposed non-Federal match.
City(ies), State(s) where the project is located.
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Congressional district(s) where the project is located.
ii. Project Funding: Indicate in table
format the amount of Federal funding,
the proposed non-Federal match,
identifying contributions from the
private sector if applicable, and total
project cost. Describe the non-Federal
funding arrangement, including
multiple sources of non-Federal funding
if applicable. Include funding
commitment letters outlining funding
agreements as attachments or in an
appendix. If all or a majority of a project
is located in a Rural Area, identify the
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Rural Area(s) and estimated percentage
of total project costs that will be spent
in the Rural Area(s). Identify any
previously incurred costs, as well as
other sources of Federal funds
committed to the project and any
pending Federal requests. If Federal
funding is proposed as match,
demonstrate the applicant’s
determination of eligibility for such use
and the legal basis for that
determination. Also, note if the
requested Federal funding under STC or
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other programs must be obligated or
spent by a certain date due to
dependencies or relationships with
other Federal or non-Federal funding
sources, related projects, law, or other
factors. If applicable, provide the type
and estimated value of any proposed
contributions, and substantiate how the
contributions meet the requirements in
2 CFR 200.306.
Example Project Funding Table:
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Task #
Task name/project component
Cost
Percentage of total cost
1.
2.
Total Project Cost
Federal Funds Received from Previous Grant
STC Federal Funding Request
Non-Federal Funding/Match
Cash:
In-Kind:
Portion of Total Project Costs Spent in a Rural Area
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Pending Federal Funding Requests
iii. Project Eligibility: Identify which
project eligibility category the project is
eligible under in Section C(3) of this
notice, and explain how the project
meets the project eligibility criteria.
iv. Project Description: Include a
detailed project description. This
detailed description should provide, at
a minimum, background on the
challenges the project aims to address;
the expected users and beneficiaries of
the project, including all railroad
operators; the specific components and
elements of the project; and any other
information the applicant deems
necessary to justify the proposed
project.
An applicant should specify whether
it is seeking funding for a project that
has already received Federal financial
assistance, and if applicable, explain
how the new scope proposed to be
funded under this NOFO relates to the
previous scope. For all projects,
applicants must provide information
about proposed performance measures,
as discussed in Section F(3)(c) and
required in 2 CFR 200.301 and 49 U.S.C
22907(f).
For any project that includes grade
crossing components, cite specific
National Grade Crossing Inventory
information, including the railroad that
owns the infrastructure (or the crossing
owner, if different from the railroad),
the primary railroad operator, the DOT
crossing inventory number, and the
roadway at the crossing. Applicants can
search for data to meet this requirement
at the following link: https://
safetydata.fra.dot.gov/OfficeofSafety/
default.aspx.
For South Dakota and Wyoming,
include a description of the Public
Benefits that will result from the
proposed project and a website link to
the state rail plan and page number
where the project is discussed in the
document. If a project is not contained
in the state rail plan, applicants may
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amend the relevant state rail plan(s) to
contain the project. Amending a state
rail plan requires a letter to FRA from
an authorized representative of the
relevant state rail transportation
authority adding the proposed project to
the plan and stating that the letter serves
as an addendum to the current plan.
Such a letter should include the project
name, a brief description, and estimated
project cost and Federal and nonFederal share by funding source. FRA
encourages state rail transportation
authorities to make any such addendum
letters publicly available with their state
rail plans. FRA recommends such letters
be submitted as part of an applicant’s
application. Whether submitted as part
of application package or separately to
FRA, FRA must receive the letter by the
application due date of this notice.
Consistent with the Department’s
R.O.U.T.E.S. Initiative (https://
www.transportation.gov/rural), the
Department encourages applicants to
describe how activities proposed in
their application would address the
unique challenges facing rural
transportation networks, regardless of
the geographic location of those
activities.
v. Project Location: Include geospatial
data for the project, as well as a map of
the project’s location. On the map,
include the Congressional districts and
Rural Area boundaries, if applicable, in
which the project will take place.
vi. Evaluation and Selection Criteria:
Include a thorough discussion of how
the proposed project meets all of the
evaluation and selection criteria, as
outlined in Section E of this notice.
vii. Project Implementation and
Management: Describe proposed project
implementation and project
management arrangements. Include
descriptions of the expected
arrangements for project contracting,
contract oversight, change-order
management, risk management, and
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conformance to Federal requirements
for project progress reporting (see
https://www.fra.dot.gov/Page/P0274).
Describe past experience in managing
and overseeing similar projects.
viii. Environmental Readiness: If the
NEPA process is complete, indicate the
date of completion, and provide a
website link or other reference to the
final Categorical Exclusion, Finding of
No Significant Impact, Record of
Decision, and any other NEPA
documents prepared. If the NEPA
process has not begun or is underway
but not complete, the application
should detail the type of NEPA review
contemplated, where the project is in
the process, and indicate the anticipated
date of completion of all milestones and
of the final NEPA determination. If the
last agency action with respect to NEPA
documents occurred more than three
years before the application date, the
applicant should describe why the
project has been delayed and include a
proposed approach for verifying and, if
necessary, updating this material in
accordance with applicable NEPA
requirements. Additional information
regarding FRA’s environmental
processes and requirements are located
at https://www.fra.dot.gov/environment.
b. Additional Application Elements
Applicants must submit:
i. A Statement of Work (SOW)
addressing the scope, schedule, and
budget for the proposed project. The
SOW must contain sufficient detail so
FRA and the applicant can understand
the expected outcomes of the proposed
work to be performed and can monitor
progress toward completing project
tasks and deliverables during a
prospective grant’s period of
performance. Applicants must use
FRA’s standard SOW, schedule, and
budget templates to be considered for an
award. The templates are located at
https://www.fra.dot.gov/Page/P0325.
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When preparing the budget, the total
cost of a project must be based on the
best available information as indicated
in cited references.
ii. Environmental compliance
documentation, as applicable, if a
website link is not cited in the Project
Narrative.
iii. SF 424—Application for Federal
Assistance.
iv. SF 424A—Budget Information for
Non-Construction or SF 424C Budget
Information for Construction.
v. SF 424B—Assurances for NonConstruction or SF 424D—Assurances
for Construction.
vi. FRA F30—Certification Regarding
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying,
located at https://railroads.dot.gov/
elibrary/fra-f-30-certificationsregardingdebarment-suspension-andotherresponsibility-matters.
vii. FRA F 251—Applicant Financial
Capability Questionnaire, located at
https://railroads.dot.gov/elibrary/fra-f251-applicant-financial-capabilityquestionnaire.
viii. An SF LLL—Disclosure of
Lobbying Activities.
ix. A statement that the lead applicant
has a system for procuring property and
services under a Federal award under
this NOFO that supports the provisions
in 2 CFR 200 subpart D-Procurement
Standards at 2 CFR 200.317–326 and 2
CFR 1201.317.
Forms needed for the electronic
application process are at
www.GrantSolutions.gov.
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c. Post-Selection Requirements
See Section F(2) of this notice for
post-selection requirements.
3. Unique Entity Identifier, System for
Award Management (SAM), and
Submission Instructions
To apply for funding through
GrantSolutions.gov, applicants must be
properly registered in SAM before
submitting an application, provide a
valid unique entity identifier in its
application, and continue to maintain
an active SAM registration, all as
described in detail below. If you are a
first-time user of GrantSolutions, a user
account will be created and emailed to
you at the time of the posting of your
announcement. You will be able to log
in using this account and submit your
completed application.
If you are an existing grantee, please
log in to GrantSolutions using your
existing user account. If you do not
remember your account information or
have not been assigned a grantee
account, please contact the
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GrantSolutions Help Desk at 1–800–
618–0223 or by email at help@
grantsolutions.gov to obtain your
username and password.
FRA may not make a grant award to
an applicant until the applicant has
complied with all applicable Unique
Entity Identifier (UEI) and SAM
requirements. If an applicant has not
fully complied with the requirements by
the time the FRA makes a grant award,
FRA may determine that the applicant
is not qualified to receive a Federal
award and use that determination as a
basis for making a Federal award to
another applicant. (Please note that if a
UEI number must be obtained or
renewed, this may take a significant
amount of time to complete.)
To submit applications through
GrantSolutions, 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 GrantSolutions.
The SAM database is the repository for
standard information about Federal
financial assistance applicants,
recipients, and sub-recipients.
Organizations that have previously
submitted applications via
GrantSolutions are already registered
with SAM, as it is a requirement for
GrantSolutions registration. Please note,
however, that applicants must update or
renew their SAM registration at least
once per year to maintain an active
status. Delayed registration is not an
acceptable reason for late submission.
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.
Information about SAM registration
procedures is available at www.sam.gov.
b. Obtain a Unique Entity Identifier.
On April 4, 2022, the federal
government discontinued using DUNS
numbers.
The DUNS Number was replaced by
a new, non-proprietary identifier that is
provided by the System for Award
Management (SAM.gov). This new
identifier is called the UEI, or the Entity
ID. To find or request a Unique Entity
Identifier, please visit www.sam.gov.
c. Search for the Funding
Opportunities on
www.GrantSolutions.gov.
The Assistance Listing number for
this opportunity is 20.325,
‘‘Consolidated Rail Infrastructure and
Safety Improvements.’’ Applicants must
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submit their application package under
this funding opportunity
announcement.
d. Submit an Application Addressing
All Requirements Outlined in this
NOFO.
After applying through
GrantSolutions, a confirmation screen
will appear on the applicant’s computer
screen. This screen will confirm that the
applicant has applied and provide an
application number.
If an applicant experiences difficulties
at any point during this process, please
call the GrantSolutions Help Desk at
1.866.577.0771 or 202.401.5282,
Monday-Friday from 9:00 a.m. to 6:00
p.m., ET.
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.
4. Submission Dates and Times
Applicants must submit complete
applications to www.GrantSolutions.gov
no later than 5:00 p.m. ET, on Friday,
September 29, 2023. FRA reviews
www.GrantSolutions.gov information on
dates/times of applications submitted to
determine timeliness of submissions.
Late applications will be neither
reviewed nor considered.
The following conditions are not valid
reasons to permit late submissions: (1)
failure to complete the GrantSolutions
registration process before the deadline;
(2) failure to follow GrantSolutions
instructions on how to register and
apply as posted on its website; (3)
failure to follow all the instructions in
this NOFO; and (4) technical issues
experienced with the applicant’s
computer or information technology
environment.
5. Intergovernmental Review
Executive Order 12372 requires
applicants from state and local units of
government or other organizations
providing services within a state to
submit a copy of the application to the
State Single Point of Contact (SPOC), if
one exists, and if this program has been
selected for review by the state.
Applicants must contact their SPOC to
determine if the program has been
selected for state review.
6. Funding Restrictions
FRA is prohibited in 49 U.S.C.
22905(f) from providing STC grants for
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Commuter Rail Passenger
Transportation (as defined in 49 U.S.C
24102(3)).7 FRA’s interpretation of this
restriction is informed by the language
in 49 U.S.C. 22907. FRA’s primary
intent in funding passenger rail projects
will be to make reasonable investments
in intercity passenger rail
transportation. Such projects may be
located on shared corridors where
Commuter Rail Passenger
Transportation also benefits from the
project.
Consistent with 2 CFR 200.458 as
applicable, FRA will only approve preaward costs if such costs are incurred
pursuant to the negotiation and in
anticipation of the grant agreement and
if such costs are necessary for efficient
and timely performance of the scope of
work. Under 2 CFR 200.458, grantees
must seek written approval from FRA
for pre-award activities to be eligible for
reimbursement under the grant.
Activities initiated prior to the
execution of a grant or without FRA’s
written approval may not be eligible for
reimbursement or included as a
grantee’s matching contribution. Cost
sharing or matching may be used only
for authorized Federal award purposes.
7. Other Submission Requirements
If an applicant experiences difficulty
at any point during this process, please
call the GrantSolutions Help Desk at
1.866.577.0771 or 202.401.5282,
Monday-Friday from 9:00 a.m. to 6:00
p.m., ET. For information and
instructions on each of these processes,
FRA will email GrantSolutions Funding
Opportunity Instructions to each
applicant when the notice is
announced. See section D.1 for where
supporting application materials must
be submitted if sent by postal mail,
electronic means or hand delivery.
E. Application Review Information
1. Criteria
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a. Eligibility, Completeness and
Applicant Risk Review
FRA will first screen applications for
eligibility (eligibility requirements are
outlined in Section C of this notice),
completeness (application
documentation and submission
requirements are outlined in Section D
of this notice), applicant risk and the
matching requirement for a 20 percent
minimum match.
b. Evaluation Criteria
FRA subject-matter experts will
evaluate all eligible and complete
7 Under
49 U.S.C. 22907(i) and (k), STC grants are
subject to certain of the requirements in chapter 229
including 49 U.S.C. 22905.
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applications using the evaluation
criteria outlined in this section to
determine technical merit and project
benefits.
i. The application is thorough and
responsive to all requirements outlined
in this notice.
ii. The proposed schedule and tasks
are appropriate to achieve the expected
outcomes and anticipated benefits of the
proposed project.
iii. The proposed costs, budget, and
level of effort are realistic and sufficient
to accomplish the tasks documented in
the SOW.
c. Selection Criteria
In addition to the eligibility and
completeness review and the evaluation
criteria outlined in this subsection, the
FRA will prioritize projects that use
data-driven and evidence-based
methods to apply the following DOT
Strategic Goals:
i. Safety. The Department is
committed to advancing safe, efficient
transportation, including in the STC
Program. FRA will assess the project’s
ability to foster a safe transportation
system for the movement of goods and
people, consistent with the
Department’s strategic goal to reduce
transportation-related fatalities and
serious injuries across the transportation
system. Such considerations will
include, but are not limited to, the
extent to which the project improves
safety at highway-rail grade crossings,
reduces incidences of rail-related
trespassing, upgrades infrastructure to
achieve a higher level of safety, and uses
an appropriately trained workforce.
ii. Climate and Sustainability. FRA
seeks to fund projects under the STC
Program that reduce greenhouse gas
emissions in the transportation sector,
incorporate evidence-based climate
resilience measures and features, reduce
the lifecycle greenhouse gas emissions
from the project materials, and avoid
adverse environmental impacts to air or
water quality, wetlands, and endangered
species, and address the
disproportionate negative
environmental impacts of transportation
on disadvantaged communities,
consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and
Abroad (86 FR 7619).8
iii. Equity. FRA seeks to award
projects under the STC Program that
will create proportional impacts to all
populations in a project area, remove
transportation related disparities to all
8 See U.S. Department of Transportation Strategic
Framework FY 2022–2026 (Dec. 2021) at https://
www.transportation.gov/administrations/officepolicy/fy2022-2026-strategic-framework
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populations in a project area, and
increase equitable access to project
benefits, consistent with Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government (86 FR 7009). FRA will
assess the project’s ability to address
equity and barriers to opportunity, to
the extent possible within the program
and consistent with law. Such
considerations will include, but are not
limited to, the applicant’s plan for using
small businesses to complete its project,
the extent to which the project improves
or expands transportation options, the
extent to which the project improve or
expands access to jobs and services and
mitigates the safety risks and
detrimental quality of life effects that
rail lines can have on communities.
This will also include community
engagement efforts already taken or
planned, the extent to which
engagement efforts are designed to reach
impacted communities, whether
engagement is accessible for persons
with disabilities or limited English
proficient persons within the impacted
communities, and how community
feedback is taken into account in
decision-making.
iv. Economic Strength and Global
Competitiveness. FRA intends to use the
STC 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, in
project planning stages, 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).
Such considerations will include, but
are not limited to, the extent to which
the project results in high-quality job
creation by supporting good-paying jobs
with a free and fair choice to join a
union, and in on-going operations and
maintenance, and incorporates strong
labor standards, such as through the use
of project labor agreements or union
neutrality agreements; includes
comprehensive planning and policies to
promote hiring of underrepresented
populations including local and
economic hiring preferences and
investments in high-quality workforce
development programs with supportive
services, including labor-management
programs, to help train, place, and
retain people in good-paying jobs or
registered apprenticeship, and invests in
vital infrastructure assets. FRA also
intends to use the STC program to
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support wealth creation, consistent with
the Department’s Equity Action Plan
through the inclusion of Local inclusive
economic development and
entrepreneurship such as the utilization
of Disadvantaged Business Enterprises,
Minority-owned Businesses, Womenowned Businesses, or 8(a) firms.
v. Transformation. FRA will assess
the project’s ability to expand and
improve the nation’s rail network,
which needs to balance new
infrastructure for increased capacity
with proper maintenance of aging
assets. Such considerations will
include, but are not limited to, the
extent to which the project adds
capacity to congested corridors, builds
new connections or attracts new users to
passenger rail, and ensures assets will
be improved to a state of good repair.
Consistent with the Department’s
R.O.U.T.E.S. Initiative (https://
www.transportation.gov/rural), the
Department recognizes that rural
transportation networks face unique
challenges. To the extent that those
challenges are reflected in the merit
criteria listed in this section, the
Department will consider how the
activities proposed in the application
will address those challenges, regardless
of the geographic location of those
activities.
2. Review and Selection Process
FRA will conduct a three-part
application review process, as follows:
a. Screen applications for
completeness, eligibility, and applicant
risk;
b. Evaluate eligible applications
(completed by subject matter experts
applying the evaluation criteria); and
c. Select projects for funding
(completed by the FRA Administrator).
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3. Reporting Matters Related to Integrity
and Performance
Before making a Federal award with
a total amount of Federal share greater
than the simplified acquisition
threshold (see 2 CFR 200.1 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
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designated integrity and performance
system accessible through SAM.
FRA will consider any comments by
the applicant, in addition to the other
information in the designated integrity
and performance system, in making a
judgment about the applicant’s integrity,
business ethics, and record of
performance under Federal awards
when completing the review of risk
posed by applicants as described in 2
CFR 200.206
F. Federal Award Administration
Information
1. Federal Award Notice
Applications selected for funding will
be announced after the application
review period. FRA will contact
applicants with successful applications
after announcement with information
and instructions about the award
process. This notification is not an
authorization to begin proposed project
activities. FRA requires satisfaction of
applicable requirements by the
applicant and a formal grant agreement
signed by both the grantee and the FRA,
including an approved scope, schedule,
and budget, before obligating the grant.
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
conditions of performance,
nondiscrimination requirements, and
other assurances made applicable to the
award of funds in accordance with
regulations of the Department of
Transportation; and applicable Federal
financial assistance and contracting
principles promulgated by the Office of
Management and Budget. In complying
with these requirements, grantees, in
particular, must ensure that no
concession agreements are denied, or
other contracting decisions made on the
basis of speech or other activities
protected by the First Amendment. If
the Department determines that a
grantee has failed to comply with
applicable Federal requirements, the
Department may terminate the award of
funds and disallow previously incurred
costs, requiring the grantee to reimburse
any expended award funds.
Examples of administrative and
national policy requirements include: 2
CFR part 200; procurement standards at
2 CFR part 200 subpart D—Procurement
Standards, 2 CFR 1207.317 and 2 CFR
200.401; compliance with Federal civil
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rights laws and regulations;
requirements for disadvantaged
business enterprises, debarment and
suspension requirements, and drug-free
workplace requirements; FRA’s and
OMB’s Assurances and Certifications;
Americans with Disabilities Act; safety
requirements; NEPA; environmental
justice requirements; performance
measures under 49 U.S.C. 22907(f);
grant conditions under 49 U.S.C. 22905,
and the provision deeming operators
rail carriers for certain purposes and
grantee agreements with railroad rightof-way owners for projects using
railroad right-of way. Unless otherwise
stated in statutory or legislative
authority, or appropriations language,
all financial assistance awards follow
the Uniform Administrative
Requirements, Cost Principles and
Audit Requirements for Federal Awards
at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject
to the grant conditions in 49 U.S.C.
22905, including protective
arrangements that are equivalent to the
protective arrangements established
under section 504 of the Railroad
Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836) with respect
to employees affected by actions taken
in connection with the project to be
financed in whole or in part by grants
subject to 49 U.S.C. 22905, the provision
deeming operators rail carriers and
employers for certain purposes, and
grantee agreements with railroad rightof-way owners for projects using
railroad rights-of-way.9
Assistance under this NOFO is subject
to the Buy America requirements in 49
U.S.C. 22905(a) and the Build America,
Buy America Act, Public Law 117–58,
sections 70901–52.
In addition, as expressed in Executive
Order 14005, Ensuring the Future Is
Made in All of America by All of
America’s Workers (86 FR 7475), it is
the policy of the executive branch to
maximize, consistent with law, the use
of goods, products, and materials
produced in, and services offered in, the
United States. FRA expects all
applicants to comply with that
requirement without needing a waiver.
However, to obtain a waiver, a recipient
must be prepared to demonstrate how
they will maximize the use of domestic
9 FRA has posted Final guidance to grantees on
implementing protective arrangements at https://
railroads.dot.gov/elibrary/equivalent-laborprotections to assist grantees implementing the
protective arrangements; and answers to frequently
asked questions intended to assist grantees subject
to the requirements of 49 U.S.C. 22905(c)(1) at
https://railroads.dot.gov/elibrary/frequently-askedquestions-about-rail-improvement-grant-conditionsunder-49-usc-ss-22905c1.
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goods, products, and materials in
constructing their project.
Grantees must comply with
applicable appropriations act
requirements and all relevant
requirements of 2 CFR part 200. Rights
to intangible property under grants
awarded under this NOFO are governed
in accordance with 2 CFR 200.315.
See an example of standard terms and
conditions for FRA grant awards at
https://www.fra.dot.gov/eLib/Details/
L19057. This template is subject to
revision.
The STC NOFO will be implemented,
as appropriate and consistent with law,
in alignment with the priorities in
Executive Order 14052, Implementation
of the Infrastructure Investment and
Jobs Act (86 FR 64355), which are to
invest 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.
a. Climate Change, Sustainability, and
Environmental Justice (EJ). Projects that
have not sufficiently considered climate
change and sustainability in their
planning, as determined by FRA, will be
required to do so before receiving funds
for construction, consistent with
Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86
FR 7619). In the grant agreement,
recipients will be expected to describe
activities they have taken, or will take,
prior to obligation of construction funds
that addresses climate change and EJ.
Activities that address climate change
include, but are not limited to,
demonstrating: the project will result in
significant greenhouse gas emissions
reductions; the project supports
emissions reductions goals in a Local/
Regional/State plan; and the project
primarily focuses on funding for state of
good repair and clean transportation
options, including public
transportation, walking, biking, and
micro-mobility. Activities that address
EJ include but are not limited to: basing
project design on the results of a proven
EJ screening tool (developed by another
Federal agency such as the EPA, a State
agency, etc.); conducting enhanced,
targeted outreach to EJ communities;
considering EJ in alternatives analysis
and final project design; and supporting
a modal shift in freight or passenger
movement to reduce emissions or
reduce induced travel demand.
b. Racial Equity and Barriers to
Opportunity. Projects must consider and
address equity and barriers to
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opportunity in their planning, as
determined by FRA, and as a condition
of receiving construction funds,
consistent with Executive Order 13985,
Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government (86 FR 7009).
The grant agreement should include the
grantee’s description of activities they
have taken, or will take, prior to
obligation of construction funds that
addresses equity and barriers to
opportunity. These activities may
include, but are not limited to:
completing an equity impact analysis
for the project; adopting an equity and
inclusion program/plan; conducting
meaningful public engagement to ensure
underserved communities are provided
an opportunity to be involved in the
planning process; including investments
that either redress past barriers to
opportunity or that proactively create
new connections and opportunities for
underserved communities; hiring from
local communities; improving access to
or providing economic growth
opportunities for underserved,
overburdened, or rural communities; or
addressing historic or current
inequitable air pollution or other
environmental burdens and impacts.
c. Employment Opportunities. In
addition to prioritizing projects that
address climate change, proactively
address racial equity, and reduce
barriers to opportunity, FRA intends to
use the STC NOFO to support the
creation of good-paying jobs with the
free and fair choice to join a union and
the incorporation of strong labor
standards and training and placement
programs, especially registered
apprenticeships, and local hire
agreements, in project planning and
development. To the extent that
applicants have not sufficiently
considered job quality and labor rights
in their planning, as determined by the
Department of Labor, the applicants will
be required to do so before receiving
funds for construction, consistent with
Executive Order 14025, Worker
Organizing and Empowerment (86 FR
22829), and Executive Order 14052,
Implementation of the Infrastructure
Investment and Jobs Act (86 FR 64335).
Specifically, the project planning
activities and project delivery actions
must support: (a) strong labor standards
and the free and fair choice to join a
union,10 including project labor
agreements, local hire agreements,11
10 Federal funds may not be used to support or
oppose union organizing, whether directly or as an
offset for other funds.
11 IIJA div. B section 25019 provides authority to
use geographical and economic hiring preferences,
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distribution of workplace rights notices,
and use of an appropriately trained
workforce; (b) support of high-quality
workforce development programs,
including registered apprenticeship,
labor-management training programs,
and supportive services to help train,
place, and retain people in good-paying
jobs and 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.
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
percent 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. Recipients of Federal
transportation funding will be required
to comply fully with Title VI of the Civil
Rights Act of 1964 and implementing
regulations (49 CFR 21), the ADA,
Section 504 of the Rehabilitation Act of
1973, and all other civil rights
requirements. The Department’s and
FRA’s Office of Civil Rights may
provide resources and technical
assistance to recipients to ensure full
and sustainable compliance with
Federal civil rights requirements. 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
including local hire, for construction jobs, subject
to any applicable State and local laws, policies, and
procedures.
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subcontractors extensive compliance
assistance, conducts compliance
evaluations, and helps to build
partnerships between the project
sponsor, prime contractor,
subcontractors, and relevant
stakeholders. OFCCP will identify
projects that receive an award under
this notice and are required to
participate in OFCCP’s Mega
Construction Project Program from a
wide range of federally assisted projects
over which OFCCP has jurisdiction and
that have a project cost above $35
million. DOT will require project
sponsors with costs above $35 million
that receive awards under this funding
opportunity to partner with OFCCP, if
selected by OFCCP, as a condition of
their DOT award. Under that
partnership, OFCCP will ask these
project sponsors to make clear to prime
contractors in the pre-bid phase that
project sponsor’s award terms will
require their participation in the Mega
Construction Project Program.
Additional information on how OFCCP
makes their selections for participation
in the Mega Construction Project
Program is outlined under ‘‘Scheduling’’
on the Department of Labor website:
https://www.dol.gov/agencies/ofccp/
faqs/construction-compliance.
d. 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.
Each applicant selected for Federal
funding under this Notice must
demonstrate, prior to signing of the
grant agreement, efforts to consider and
address physical and cyber security
risks relevant to the transportation mode
and type and scale of the project.
Projects that have not appropriately
considered and addressed physical and
cyber security and resilience in their
planning, design, and project oversight,
as determined by the DOT and the
Department of Homeland Security, will
be required to do so before receiving
funds for construction, consistent with
Presidential Policy Directive 21—
Critical Infrastructure Security and
Resilience and the National Security
Presidential Memorandum on
Improving Cybersecurity for Critical
Infrastructure Control Systems.
Information on cybersecurity
performance goals can be found at
https://www.cisa.gov/cpg.
e. Domestic Preference Requirements.
Assistance under this NOFO is subject
to the Buy America requirements in 49
U.S.C. 22905(a) and the Build America,
Buy America Act, Public Law 117–58,
70901–52. In addition, as expressed in
Executive Order 14005, Ensuring the
Future Is Made in All of America by All
of America’s Workers (86 FR 7475), it is
the policy of the executive branch to
maximize, consistent with law, the use
of goods, products, and materials
produced in, and services offered in, the
United States. FRA expects all
applicants to comply with that
requirement without needing a waiver.
However, to obtain a waiver, a recipient
must be prepared to demonstrate how
they will maximize the use of domestic
goods, products, and materials in
constructing their project. If an
applicant anticipates it may need a
waiver, the applicant should indicate
the need in its application and submit
materials necessary for such requests
together with its application.
f. 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 21),
the ADA, and section 504 of the
Rehabilitation Act, and accompanying
regulations. This may include, as
applicable, providing a Title VI plan,
community participation plan, and
other information about the
communities that will be benefited and
impacted by the project. The DOT’s and
FRA’s Office 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 may be submitted
electronically.
b. Additional Reporting
Applicants selected for funding are
required to comply with all reporting
requirements in the standard terms and
conditions for FRA grant awards
including 2 CFR 180.335 and 2 CFR
180.350.
If the Federal share of any Federal
award under this NOFO may include
more than $500,000 over the period of
performance, applicants are informed of
the post award reporting requirements
reflected in 2 CFR part 200, appendix
XII2 CFR part 200, Appendix XII—
Award Term and Condition for
Recipient Integrity and Performance
Matters.
c. Performance Reporting
Each applicant selected for funding
must collect information and report on
the project’s performance using
measures mutually agreed upon by FRA
and the grantee to assess progress in
achieving strategic goals and objectives.
Examples of rail performance measures
are listed in the below table. The
applicable measure(s) will depend upon
the type of project. Applicants
requesting funding for the acquisition of
rolling stock must integrate at least one
equipment/rolling stock performance
measure, consistent with the grantee’s
application materials and program
goals.
Rail measures
Unit
measured
Temporal
Primary strategic
goal
Secondary strategic
goal
Description
Slow order miles ......
Miles ............
Annual .........
State of Good Repair
Safety ......................
The number of miles per year within the
project area that have temporary speed
restrictions (‘‘slow orders’’) imposed due
to track condition. This is an indicator of
the overall condition of track. This
measure can be used for projects to rehabilitate sections of a rail line since the
rehabilitation should eliminate, or at
least reduce the slow orders upon
project completion.
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Unit
measured
Rail measures
Temporal
Secondary strategic
goal
Description
The annual gross tonnage of freight
shipped in the project area. Gross tons
include freight cargo minus tare weight
of the rail cars. This measures the volume of freight a railroad ships in a year.
This measure can be useful for projects
that are anticipated to increase freight
shipments.
The number of annual automobile crossings that are eliminated at an at-grade
crossing as a result of a new grade
separation.
Count of the annual passenger boardings
and alightings at stations within the
project area.
Point-to-point travel times between predetermined station stops within the
project area. This measure demonstrates how track improvements and
other upgrades improve operations on a
rail line. It also helps make sure the railroad is maintaining the line after project
completion.
If a project is upgrading a line to accommodate heavier rail cars (typically an increase from 263,000 lb. rail cars to
286,000 lb. rail cars).
The number of track miles that exist within
the project area. This measure can be
beneficial for projects building sidings or
sections of additional main line track on
a railroad.
Gross Ton ................
Gross Tons
Annual .........
Economic Competitiveness.
State of Good Repair
Rail Track Grade
Separation.
Count ...........
Annual .........
Economic Competitiveness.
Safety ......................
Passenger Counts ...
Count ...........
Annual .........
Economic Competitiveness.
State of Good Repair
Travel Time ..............
Time/Trip .....
Annual .........
Economic Competitiveness.
Quality of Life ..........
Track weight capacity.
Yes/No ........
One Time ....
State of Good Repair
Economic Competitiveness.
Track Miles ...............
Miles ............
One Time ....
State of Good Repair
Economic Competitiveness.
G. Federal Awarding Agency Contacts
For further information concerning
this Notice, please contact the FRA
NOFO Support program staff via email
at FRA-NOFO-Support@dot.gov.
H. Other Information
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Primary strategic
goal
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 must do the
following: (1) Note on the front cover
that the submission ‘‘Contains
Confidential Business Information
(CBI)’’; (2) mark each affected page
‘‘CBI’’; and (3) highlight or otherwise
denote the CBI portions.
The DOT regulations implementing
the Freedom of Information Act (FOIA)
are found at 49 CFR part 7 subpart C—
Availability of Reasonably Described
Records under the Freedom of
Information Act which sets forth rules
for FRA to make requested materials,
information and, records publicly
available under FOIA. Unless prohibited
by law, application contents may be
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released in response to FOIA or
Congressional requests.
In addition, following the completion
of the selection process and
announcement of awards, FRA may
publish a list of all applications
received along with the names of the
applicant organizations and funding
amounts requested. Except for
information withheld under the
previous paragraph, FRA may also make
application narratives publicly available
or share application information within
DOT or with other Federal agencies if
FRA determines that sharing is relevant
to the respective program’s objectives.
Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2023–17834 Filed 8–17–23; 8:45 am]
BILLING CODE 4910–06–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2003–0002–N–16]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICR) summarized below.
Before submitting this ICR to the Office
of Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before October
17, 2023.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2023–
0002. All comments received will be
posted without change to the docket,
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56688-56698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17834]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for Special Transportation
Circumstances Projects
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO or notice).
-----------------------------------------------------------------------
SUMMARY: This notice details the application requirements and
procedures for the states of Alaska, South Dakota, and Wyoming to
obtain Special Transportation Circumstances (STC) directed grant
funding for eligible rail Capital Projects. The funding has been made
available for the program by the Consolidated Appropriations Act, 2017;
Consolidated Appropriations Act, 2019; Further Consolidated
Appropriations Act, 2020; Consolidated Appropriations Act, 2021;
Consolidated Appropriations Act, 2022; Consolidated Appropriations Act,
2023; and the Infrastructure Investment and Jobs Act (2022 and 2023
supplemental Appropriations) (together, the Appropriations Acts). The
opportunities described in this notice are available under Assistance
Listing number 20.325, ``Consolidated Rail Infrastructure and Safety
Improvements.'' Alaska, South Dakota, and Wyoming must each submit
applications for projects meeting the requirements of this notice to
receive directed funding. Should FRA identify additional available
funding after the release of this NOFO, FRA may elect to award such
additional funding to a project submitted for funding under this NOFO,
as permitted by law.
DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. ET, on Friday, September 29, 2023. Applications
for funding, or supplemental material in support of applications,
received after that date, will not be considered for funding.
Incomplete applications for funding will not be considered for funding.
See Section D of this notice for additional information on the
application process.
ADDRESSES: Applications must be submitted via www.GrantSolutions.gov.
Only applicants who comply with all submission requirements described
in this notice and submit applications through www.GrantSolutions.gov
will be eligible for award. For any supporting application materials
that an applicant is unable to submit via www.GrantSolutions.gov (such
as oversized engineering drawings), an applicant may submit an original
and two (2) copies to Mr. Leonardo Maldonado, Office of Railroad
Development, 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, applicants are
advised to use other means of conveyance (such as courier service) to
assure timely receipt of materials before the application deadline.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this Notice, please contact the FRA NOFO Support program staff via
email at [email protected] or Ryan Arbuckle at 202-617-0212.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials. The
definitions of key terms used throughout the NOFO are listed under the
Program Description in Section A(2). These key terms are capitalized
throughout the NOFO. There are several administrative and eligibility
requirements described herein with which applicants must comply.
Additionally, applicants should note that the required Project
Narrative component of the application package may not exceed 25 pages
in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
1. Purpose
The purpose of this notice is to solicit applications from the
states of Alaska, Wyoming, and South Dakota for grants funded under the
Appropriations Acts \1\
[[Page 56689]]
to assist in funding rail Capital Projects under the STC program
authorized in 49 U.S.C. 22907(l).
---------------------------------------------------------------------------
\1\ Consolidated Appropriations Act, 2017, Public Law 115-31,
Div. K, Tit I, (2017 Appropriation); Consolidated Appropriations
Act, 2019, Public Law 116-6, Div. G, Tit. I (2019 Appropriation);
Further Consolidated Appropriations Act, 2020, Public Law 116-94,
Div. H, Tit. I (2020 Appropriation); Consolidated Appropriations
Act, 2021, Public Law Div. 116-260, Div. L, Tit. I (2021
Appropriation); Consolidated Appropriations Act, 2022, Public Law
117-103 Div. L, Tit. I, (2022 regular Appropriation); Consolidated
Appropriations Act, 2023, Public Law 117-328 Div. L, Tit. I, (2023
regular Appropriation); and the Infrastructure Investment and Jobs
Act, Public Law 117-58, Div. J, Tit. VIII (2022 and 2023
supplemental Appropriations) (together, the Appropriations Acts).
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2. Key Terms
a. ``Capital Project'' means a project for: acquiring,
constructing, improving, or inspecting rail equipment, track and track
structures, or a rail facility; expenses incidental to the acquisition
or construction including pre-construction activities (such as
designing, engineering, location surveying, mapping, acquiring rights-
of-way) and related relocation costs, environmental studies and all
work necessary for FRA to approve the project under the National
Environmental Policy Act (NEPA) and related environmental laws and
regulations; highway-rail grade crossing improvements; \2\
communication and signalization improvements; and rehabilitating,
remanufacturing or overhauling rail rolling stock and facilities.\3\
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\2\ For South Dakota and Wyoming projects, this includes highway
construction over rail facilities as an alternative to construction
or improvement of a highway-rail grade crossing.
\3\ For any project that includes purchasing intercity passenger
rail equipment, applicants are encouraged to use a standardized
approach to the procurement of passenger rail equipment, such as the
specifications developed by the Next Generation Corridor Equipment
Pool Committee or a similarly uniform process.
---------------------------------------------------------------------------
b. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except commuter rail passenger transportation. See 49
U.S.C. 22901(3). In this notice, ``Intercity Passenger Rail Service''
and ``Intercity Passenger Rail Transportation'' are equivalent terms to
``Intercity Rail Passenger Transportation.''
c. ``Public Benefits'' is defined in 49 U.S.C. 22701(2) to mean a
benefit accrued to the public, including Amtrak, in the form of
enhanced mobility of people or goods, environmental protection or
enhancement, congestion mitigation, enhanced trade and economic
development, improved air quality or land use, more efficient energy
use, enhanced public safety or security, and reduction of public
expenditures due to improved transportation efficiency or
infrastructure preservation.
d. ``Railroad Route Miles'' mean miles of railroad operated. A mile
of single track is counted the same as a mile of double track. Sidings,
turnouts, yard switching mileage, and mileage not operated are
excluded. Year-to-year changes in miles operated are due to both
changes in track mileage and changes in the number of railroads with
rights for the same track.
e. ``Rural Area'' is defined in 49 U.S.C. 22907(g)(2) to mean any
area not in an urbanized area, as defined by the Census Bureau. The
Census Bureau defines Urbanized Area as an area with a population of
50,000 or more people.\4\ Updated lists of UAs as defined by the Census
Bureau are available on the Census Bureau website at https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
---------------------------------------------------------------------------
\4\ See 74 FR 53030, 53043 (August 24, 2011) available at
https://www2.census.gov/geo/pdfs/reference/fedreg/fedregv76n164.pdf.
---------------------------------------------------------------------------
3. Overview
The STC authorization directs the Secretary of Transportation to
allocate to certain states an appropriate portion of the amounts
available to programs in Chapter 229 of Title 49 of the United States
Code (Chapter 229) for grants. See 49 U.S.C. 22907(l). The
Appropriations Acts provided funding under the Consolidated Rail
Infrastructure and Safety Improvements (CRISI) program, Restoration and
Enhancement (R&E) Grants program, Railroad Crossing Elimination (RCE)
program, and Interstate Rail Compacts (IRC) Grant program in Chapter
229. As such, this notice is for the appropriate portion (as is further
discussed below) of the amounts made available for those four grant
programs. Separate notices of funding opportunities for competitive
grants solicit applications for the non-STC CRISI, R&E, RCE, and IRC
Grant funds made available by the Appropriations Acts.
STC funding is available to provide grants to either: (1) States in
which there is no Intercity Passenger Rail service, for the purpose of
funding freight rail Capital Projects on a state rail plan developed
under Chapter 227 of Title 49 of the United States Code (Chapter 227)
that provide Public Benefits; or (2) States in which the rail
transportation system is not physically connected to rail systems in
the continental United States or may not otherwise qualify for a grant
under 49 U.S.C. 22907 due to the unique characteristics of the
geography of that state or other relevant considerations,\5\ for the
purpose of funding freight or passenger rail Capital Projects. There
are currently four states that either do not have Intercity Passenger
Rail service or are not physically connected to rail systems in the
U.S.--Alaska, Hawaii, South Dakota, and Wyoming. However, as explained
below, only three of these states (Alaska, South Dakota, and Wyoming)
are allocated funds under 49 U.S.C. 22907(l).
---------------------------------------------------------------------------
\5\ FRA has determined that there are no states that would ``not
otherwise qualify for a grant under this section due to the unique
characteristics of the geography of that State or other relevant
considerations.'' 49 U.S.C. 22907(l)(1)(B).
---------------------------------------------------------------------------
The amount of STC directed funding for the states is established by
the definition of ``appropriate portion'' in 49 U.S.C. 22907(l)(2).
That section defines appropriate portion to mean a share, for each
state, not less than the share of the total Railroad Route Miles in the
state out of the total Railroad Route Miles in the U.S., excluding from
all totals the route miles exclusively used for tourist, scenic, and
excursion railroad operations.
The calculations for each state's available funding amounts follow.
In the U.S., there are 136,776 Railroad Route Miles.\6\ Alaska has 506
Railroad Route Miles or 0.37 percent of the nation's total, South
Dakota has 1,822 Railroad Route Miles or 1.33 percent of the nation's
total, Wyoming has 1,877 Railroad Route Miles or 1.37 percent of the
nation's total, and Hawaii has zero Railroad Route Miles or zero
percent of the nation's total.
---------------------------------------------------------------------------
\6\ Association of American Railroads: https://www.aar.org/wp-content/uploads/2021/02/AAR-State-Rankings-2019.pdf.
---------------------------------------------------------------------------
The amounts available for Alaska, South Dakota and Wyoming are as
follows:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023
Appropriation Appropriation Appropriation Appropriation Appropriation Appropriation Appropriation Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alaska.......................................................... $111,604 $0 $14,470 $359,550 $0 $7,537,418 $7,631,524 $15,654,566
South Dakota.................................................... 0 0 0 0 4,361,213 27,093,962 27,432,234 58,887,409
Wyoming......................................................... 0 0 0 3,188,056 5,126,220 27,908,818 28,257,264 64,480,358
-------------------------------------------------------------------------------------------------------------------------------
Total....................................................... 111,604 0 14,470 3,547,606 9,487,433 62,540,198 63,321,022 139,022,333
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 56690]]
Projects funded through the STC will be implemented, as appropriate
and consistent with law, in alignment with the Departmental priorities
presented in Section E below.
B. Federal Award Information
1. Available Award Amount
This NOFO makes available $139,022,333 in directed funding for
eligible Capital Projects, as follows: $15,654,566 for Alaska,
$58,887,409 for South Dakota, and $64,480,358 for Wyoming.
2. Award Size
FRA encourages applicants to propose projects or components of
projects that can be completed and implemented with the level of
funding available. Projects may require more funding than is available.
In these cases, applicants must identify and apply for specific project
components that have operational independence and can be completed with
the available funding. (See Section C(3)(b) for more information). The
expected period of performance for the projects is within five years
from the award date.
3. Award Type
FRA may make awards for projects selected under this notice through
grant agreements and/or cooperative agreements. Grant agreements are
used when FRA does not expect to have substantial Federal involvement
in carrying out the funded activity. Cooperative agreements allow for
substantial Federal involvement in carrying out the agreed upon
investment, including technical assistance, review of interim work
products, and increased program oversight under 2 CFR 200.1 The term
``grant'' is used throughout this document and is intended to reference
funding awarded through a grant agreement, as well as funding awarded
through a cooperative agreement. The funding provided under this NOFO
will be made available to grantees on a reimbursable basis. Applicants
must certify that their expenditures are allowable, allocable,
reasonable, and necessary to the approved project before seeking
reimbursement from FRA. Additionally, the grantee is expected to expend
matching funds at the required percentage concurrent with Federal funds
throughout the life of the project. See an example of standard terms
and conditions for FRA grant awards at: https://railroads.dot.gov/elibrary/notice-grant-award-example. This template is subject to
revision.
4. Concurrent Applications
DOT and its 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 STC funding under this NOFO, applicants must indicate the other
programs to which they submitted or plan to submit an application for
funding an entire project or certain project components, as well as
highlight new or revised information in the application responsive to
this NOFO that differs from the application(s) submitted for other
Federal financial assistance programs.
C. Eligibility Information
This section of the notice explains the requirements for submitting
an eligible grant application. Applications that do not meet the
requirements in this section will be ineligible for funding.
Instructions for submitting eligibility information to FRA are detailed
in Section D of this NOFO.
1. Eligible Applicants
The states of Alaska, South Dakota, and Wyoming are the only
applicants allocated portions of the available funding for the directed
grants under 49 U.S.C. 22907(l). See Section C(3)(a) for project
eligibility. The state or state Department of Transportation in these
states must submit applications on behalf of their states.
2. Cost Sharing or Matching
The Federal share of total costs for an STC project(s) must not
exceed 80 percent of the total cost of a project. The estimated total
project costs must be based on the best available information,
including engineering studies, studies of economic feasibility,
environmental analyses, and information on the expected use of
equipment and/or facilities. Additionally, in preparing estimates of
total project costs, applicants should refer to FRA's cost estimate
guidance, ``Capital Cost Estimating: Guidance for Project Sponsors,''
which is available at: https://www.fra.dot.gov/Page/P0926.
The minimum 20 percent non-Federal share may be comprised of
eligible public sector (i.e., state or local) or private sector
funding. FRA will not consider any Federal financial assistance, or any
non-Federal funds already expended (or otherwise encumbered) toward the
matching requirement, unless compliant with 2 CFR part 200. In-kind
contributions, including the donation of services, materials, and
equipment, may be credited as a project cost, in a uniform manner
consistent with 2 CFR 200.306.
Before applying, FRA recommends that applicants carefully review
the principles for cost sharing or matching in 2 CFR 200.306. FRA will
approve pre-award costs consistent with 2 CFR 200.458, as applicable.
See Section D(6). Cost sharing or matching may be used only for
authorized Federal award purposes.
3. Other
a. Project Eligibility
Projects eligible for funding improve the safety, efficiency, and/
or reliability of rail transportation systems. For South Dakota and
Wyoming, the projects eligible for the directed funding under this NOFO
must be freight rail Capital Projects in those states that are on a
state rail plan developed under Chapter 227 that provide Public
Benefits.
For Alaska, a project eligible for directed funding under this NOFO
must be a freight or passenger rail-related Capital Project in that
state. Applicants are not limited in the number of projects for which
they seek funding.
b. Project Component Operational Independence
If an applicant requests funding for a project that is a component
or set of components of a larger project, the project component(s) must
be attainable with the award amount together with other funds as
necessary, obtain operational independence, and must comply with all
eligibility requirements described in Section C.
In addition, the component(s) must be capable of independent
analysis and decision making, as determined by FRA, under NEPA (i.e.,
have independent utility, connect logical termini, if applicable, and
not restrict the consideration of alternatives for other reasonably
foreseeable rail projects.).
D. Application and Submission Information
Required documents for the application are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application. See Section D(2) for the application
checklist.
FRA welcomes the submission of additional relevant supporting
documentation, such as planning, engineering and design documentation,
and letters of support from partnering organizations that will not
count against the Project Narrative 25-page limit. Consistent with the
R.O.U.T.E.S.
[[Page 56691]]
Initiative, the DOT encourages applicants to consider how the project
will address the challenges faced by rural areas, generally.
1. Address To Request Application Package
Applicants must submit all application materials, in their
entirety, through www.GrantSolutions.gov no later than 5:00 p.m. ET, on
Friday, September 29, 2023. 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 the FRA NOFO
Support program staff via email at [email protected].
For any supporting application materials that an applicant cannot
submit via GrantSolutions.gov, such as oversized engineering drawings,
an applicant may submit an original and two (2) copies to Mr. Leonardo
Maldonado, Office of Railroad Development, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Due to
delays caused by enhanced screening of mail delivered via the U.S.
Postal Service, FRA advises applicants to use other means of conveyance
(such as courier service) to assure timely receipt of materials before
the application deadline. Additionally, if documents can be obtained
online, providing instructions to FRA on how to access files on a
referenced website may also be sufficient.
2. Content and Form of Application Submission
FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Additionally,
applicants must comply with the requirements in 49 U.S.C. 22905
explained in part at https://www.fra.dot.gov/page/P0185.
Required documents for an application package are outlined in the
checklist below.
Project Narrative (see Section D.2.a).
Statement of Work (see Section D.2.b.i).
SF424--Application for Federal Assistance.
Either: SF 424A--Budget Information for Non-Construction
or SF 424C--Budget Information for Construction.
Either: SF 424B--Assurances for Non-Construction or SF
424D--Assurances for Construction.
FRA's Additional Assurances and Certifications.
SF LLL--Disclosure of Lobbying Activities.
Additional details about the application content requirements are
described in the following sections.
a. Project Narrative
This section describes the minimum content required in the Project
Narrative of the grant application. The Project Narrative must follow
the basic outline below to address the program requirements and assist
evaluators in locating relevant information.
I. Cover Page.......................... See D.2.a.i.
II. Project Funding.................... See D.2.a.ii.
III. Project Eligibility............... See D.2.a.iii.
IV. Project Description................ See D.2.a.iv.
V. Project Location.................... See D.2.a.v.
VI. Evaluation and Selection Criteria.. See D.2.a.vi.
VII. Project Implementation and See D.2.a.vii.
Management.
VIII. Environmental Readiness.......... See D.2.a.viii.
The Project Narrative may not exceed 25 pages in length (excluding
cover pages, table of contents, and supporting documentation). If
possible, applicants should submit supporting documents via website
links rather than hard copies. If supporting documents are submitted,
applicants must clearly identify the relevant portion of the supporting
document with the page numbers of the cited information in the Project
Narrative. The Project Narrative must adhere to the following outline.
i. Cover Page: Include a cover page that lists the following
elements in either a table or formatted list:
------------------------------------------------------------------------
------------------------------------------------------------------------
Project Title..............................
------------------------------------------------------------------------
Applicant name.............................
------------------------------------------------------------------------
Total project cost.........................
------------------------------------------------------------------------
Amount of Federal funding requested under
this NOFO.
------------------------------------------------------------------------
Proposed non-Federal match.................
------------------------------------------------------------------------
City(ies), State(s) where the project is
located.
------------------------------------------------------------------------
Congressional district(s) where the project
is located.
------------------------------------------------------------------------
ii. Project Funding: Indicate in table format the amount of Federal
funding, the proposed non-Federal match, identifying contributions from
the private sector if applicable, and total project cost. Describe the
non-Federal funding arrangement, including multiple sources of non-
Federal funding if applicable. Include funding commitment letters
outlining funding agreements as attachments or in an appendix. If all
or a majority of a project is located in a Rural Area, identify the
Rural Area(s) and estimated percentage of total project costs that will
be spent in the Rural Area(s). Identify any previously incurred costs,
as well as other sources of Federal funds committed to the project and
any pending Federal requests. If Federal funding is proposed as match,
demonstrate the applicant's determination of eligibility for such use
and the legal basis for that determination. Also, note if the requested
Federal funding under STC or other programs must be obligated or spent
by a certain date due to dependencies or relationships with other
Federal or non-Federal funding sources, related projects, law, or other
factors. If applicable, provide the type and estimated value of any
proposed contributions, and substantiate how the contributions meet the
requirements in 2 CFR 200.306.
Example Project Funding Table:
[[Page 56692]]
----------------------------------------------------------------------------------------------------------------
Task name/project Percentage of total
Task # component Cost cost
----------------------------------------------------------------------------------------------------------------
1....................................
----------------------------------------------------------------------------------------------------------------
2....................................
----------------------------------------------------------------------------------------------------------------
Total Project Cost
----------------------------------------------------------------------------------------------------------------
Federal Funds Received from Previous Grant
----------------------------------------------------------------------------------------------------------------
STC Federal Funding Request
----------------------------------------------------------------------------------------------------------------
Non-Federal Funding/Match Cash:
In-Kind:...............
----------------------------------------------------------------------------------------------------------------
Portion of Total Project Costs Spent in a Rural Area
----------------------------------------------------------------------------------------------------------------
Pending Federal Funding Requests
----------------------------------------------------------------------------------------------------------------
iii. Project Eligibility: Identify which project eligibility
category the project is eligible under in Section C(3) of this notice,
and explain how the project meets the project eligibility criteria.
iv. Project Description: Include a detailed project description.
This detailed description should provide, at a minimum, background on
the challenges the project aims to address; the expected users and
beneficiaries of the project, including all railroad operators; the
specific components and elements of the project; and any other
information the applicant deems necessary to justify the proposed
project.
An applicant should specify whether it is seeking funding for a
project that has already received Federal financial assistance, and if
applicable, explain how the new scope proposed to be funded under this
NOFO relates to the previous scope. For all projects, applicants must
provide information about proposed performance measures, as discussed
in Section F(3)(c) and required in 2 CFR 200.301 and 49 U.S.C 22907(f).
For any project that includes grade crossing components, cite
specific National Grade Crossing Inventory information, including the
railroad that owns the infrastructure (or the crossing owner, if
different from the railroad), the primary railroad operator, the DOT
crossing inventory number, and the roadway at the crossing. Applicants
can search for data to meet this requirement at the following link:
https://safetydata.fra.dot.gov/OfficeofSafety/default.aspx.
For South Dakota and Wyoming, include a description of the Public
Benefits that will result from the proposed project and a website link
to the state rail plan and page number where the project is discussed
in the document. If a project is not contained in the state rail plan,
applicants may amend the relevant state rail plan(s) to contain the
project. Amending a state rail plan requires a letter to FRA from an
authorized representative of the relevant state rail transportation
authority adding the proposed project to the plan and stating that the
letter serves as an addendum to the current plan. Such a letter should
include the project name, a brief description, and estimated project
cost and Federal and non-Federal share by funding source. FRA
encourages state rail transportation authorities to make any such
addendum letters publicly available with their state rail plans. FRA
recommends such letters be submitted as part of an applicant's
application. Whether submitted as part of application package or
separately to FRA, FRA must receive the letter by the application due
date of this notice.
Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department encourages applicants to
describe how activities proposed in their application would address the
unique challenges facing rural transportation networks, regardless of
the geographic location of those activities.
v. Project Location: Include geospatial data for the project, as
well as a map of the project's location. On the map, include the
Congressional districts and Rural Area boundaries, if applicable, in
which the project will take place.
vi. Evaluation and Selection Criteria: Include a thorough
discussion of how the proposed project meets all of the evaluation and
selection criteria, as outlined in Section E of this notice.
vii. Project Implementation and Management: Describe proposed
project implementation and project management arrangements. Include
descriptions of the expected arrangements for project contracting,
contract oversight, change-order management, risk management, and
conformance to Federal requirements for project progress reporting (see
https://www.fra.dot.gov/Page/P0274). Describe past experience in
managing and overseeing similar projects.
viii. Environmental Readiness: If the NEPA process is complete,
indicate the date of completion, and provide a website link or other
reference to the final Categorical Exclusion, Finding of No Significant
Impact, Record of Decision, and any other NEPA documents prepared. If
the NEPA process has not begun or is underway but not complete, the
application should detail the type of NEPA review contemplated, where
the project is in the process, and indicate the anticipated date of
completion of all milestones and of the final NEPA determination. If
the last agency action with respect to NEPA documents occurred more
than three years before the application date, the applicant should
describe why the project has been delayed and include a proposed
approach for verifying and, if necessary, updating this material in
accordance with applicable NEPA requirements. Additional information
regarding FRA's environmental processes and requirements are located at
https://www.fra.dot.gov/environment.
b. Additional Application Elements
Applicants must submit:
i. A Statement of Work (SOW) addressing the scope, schedule, and
budget for the proposed project. The SOW must contain sufficient detail
so FRA and the applicant can understand the expected outcomes of the
proposed work to be performed and can monitor progress toward
completing project tasks and deliverables during a prospective grant's
period of performance. Applicants must use FRA's standard SOW,
schedule, and budget templates to be considered for an award. The
templates are located at https://www.fra.dot.gov/Page/P0325.
[[Page 56693]]
When preparing the budget, the total cost of a project must be based on
the best available information as indicated in cited references.
ii. Environmental compliance documentation, as applicable, if a
website link is not cited in the Project Narrative.
iii. SF 424--Application for Federal Assistance.
iv. SF 424A--Budget Information for Non-Construction or SF 424C
Budget Information for Construction.
v. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
vi. FRA F30--Certification Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters.
vii. FRA F 251--Applicant Financial Capability Questionnaire,
located at https://railroads.dot.gov/elibrary/fra-f-251-applicant-financial-capability-questionnaire.
viii. An SF LLL--Disclosure of Lobbying Activities.
ix. A statement that the lead applicant has a system for procuring
property and services under a Federal award under this NOFO that
supports the provisions in 2 CFR 200 subpart D-Procurement Standards at
2 CFR 200.317-326 and 2 CFR 1201.317.
Forms needed for the electronic application process are at
www.GrantSolutions.gov.
c. Post-Selection Requirements
See Section F(2) of this notice for post-selection requirements.
3. Unique Entity Identifier, System for Award Management (SAM), and
Submission Instructions
To apply for funding through GrantSolutions.gov, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration, all as described in detail below.
If you are a first-time user of GrantSolutions, a user account will be
created and emailed to you at the time of the posting of your
announcement. You will be able to log in using this account and submit
your completed application.
If you are an existing grantee, please log in to GrantSolutions
using your existing user account. If you do not remember your account
information or have not been assigned a grantee account, please contact
the GrantSolutions Help Desk at 1-800-618-0223 or by email at
[email protected] to obtain your username and password.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable Unique Entity Identifier (UEI) and SAM
requirements. If an applicant has not fully complied with the
requirements by the time the FRA makes a grant award, FRA may determine
that the applicant is not qualified to receive a Federal award and use
that determination as a basis for making a Federal award to another
applicant. (Please note that if a UEI number must be obtained or
renewed, this may take a significant amount of time to complete.)
To submit applications through GrantSolutions, 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 GrantSolutions. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and sub-recipients.
Organizations that have previously submitted applications via
GrantSolutions are already registered with SAM, as it is a requirement
for GrantSolutions registration. Please note, however, that applicants
must update or renew their SAM registration at least once per year to
maintain an active status. Delayed registration is not an acceptable
reason for late submission. 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. Information about SAM registration procedures is
available at www.sam.gov.
b. Obtain a Unique Entity Identifier.
On April 4, 2022, the federal government discontinued using DUNS
numbers.
The DUNS Number was replaced by a new, non-proprietary identifier
that is provided by the System for Award Management (SAM.gov). This new
identifier is called the UEI, or the Entity ID. To find or request a
Unique Entity Identifier, please visit www.sam.gov.
c. Search for the Funding Opportunities on www.GrantSolutions.gov.
The Assistance Listing number for this opportunity is 20.325,
``Consolidated Rail Infrastructure and Safety Improvements.''
Applicants must submit their application package under this funding
opportunity announcement.
d. Submit an Application Addressing All Requirements Outlined in
this NOFO.
After applying through GrantSolutions, a confirmation screen will
appear on the applicant's computer screen. This screen will confirm
that the applicant has applied and provide an application number.
If an applicant experiences difficulties at any point during this
process, please call the GrantSolutions Help Desk at 1.866.577.0771 or
202.401.5282, Monday-Friday from 9:00 a.m. to 6:00 p.m., ET.
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.
4. Submission Dates and Times
Applicants must submit complete applications to
www.GrantSolutions.gov no later than 5:00 p.m. ET, on Friday, September
29, 2023. FRA reviews www.GrantSolutions.gov information on dates/times
of applications submitted to determine timeliness of submissions. Late
applications will be neither reviewed nor considered.
The following conditions are not valid reasons to permit late
submissions: (1) failure to complete the GrantSolutions registration
process before the deadline; (2) failure to follow GrantSolutions
instructions on how to register and apply as posted on its website; (3)
failure to follow all the instructions in this NOFO; and (4) technical
issues experienced with the applicant's computer or information
technology environment.
5. Intergovernmental Review
Executive Order 12372 requires applicants from state and local
units of government or other organizations providing services within a
state to submit a copy of the application to the State Single Point of
Contact (SPOC), if one exists, and if this program has been selected
for review by the state. Applicants must contact their SPOC to
determine if the program has been selected for state review.
6. Funding Restrictions
FRA is prohibited in 49 U.S.C. 22905(f) from providing STC grants
for
[[Page 56694]]
Commuter Rail Passenger Transportation (as defined in 49 U.S.C
24102(3)).\7\ FRA's interpretation of this restriction is informed by
the language in 49 U.S.C. 22907. FRA's primary intent in funding
passenger rail projects will be to make reasonable investments in
intercity passenger rail transportation. Such projects may be located
on shared corridors where Commuter Rail Passenger Transportation also
benefits from the project.
---------------------------------------------------------------------------
\7\ Under 49 U.S.C. 22907(i) and (k), STC grants are subject to
certain of the requirements in chapter 229 including 49 U.S.C.
22905.
---------------------------------------------------------------------------
Consistent with 2 CFR 200.458 as applicable, FRA will only approve
pre-award costs if such costs are incurred pursuant to the negotiation
and in anticipation of the grant agreement and if such costs are
necessary for efficient and timely performance of the scope of work.
Under 2 CFR 200.458, grantees must seek written approval from FRA for
pre-award activities to be eligible for reimbursement under the grant.
Activities initiated prior to the execution of a grant or without FRA's
written approval may not be eligible for reimbursement or included as a
grantee's matching contribution. Cost sharing or matching may be used
only for authorized Federal award purposes.
7. Other Submission Requirements
If an applicant experiences difficulty at any point during this
process, please call the GrantSolutions Help Desk at 1.866.577.0771 or
202.401.5282, Monday-Friday from 9:00 a.m. to 6:00 p.m., ET. For
information and instructions on each of these processes, FRA will email
GrantSolutions Funding Opportunity Instructions to each applicant when
the notice is announced. See section D.1 for where supporting
application materials must be submitted if sent by postal mail,
electronic means or hand delivery.
E. Application Review Information
1. Criteria
a. Eligibility, Completeness and Applicant Risk Review
FRA will first screen applications for eligibility (eligibility
requirements are outlined in Section C of this notice), completeness
(application documentation and submission requirements are outlined in
Section D of this notice), applicant risk and the matching requirement
for a 20 percent minimum match.
b. Evaluation Criteria
FRA subject-matter experts will evaluate all eligible and complete
applications using the evaluation criteria outlined in this section to
determine technical merit and project benefits.
i. The application is thorough and responsive to all requirements
outlined in this notice.
ii. The proposed schedule and tasks are appropriate to achieve the
expected outcomes and anticipated benefits of the proposed project.
iii. The proposed costs, budget, and level of effort are realistic
and sufficient to accomplish the tasks documented in the SOW.
c. Selection Criteria
In addition to the eligibility and completeness review and the
evaluation criteria outlined in this subsection, the FRA will
prioritize projects that use data-driven and evidence-based methods to
apply the following DOT Strategic Goals:
i. Safety. The Department is committed to advancing safe, efficient
transportation, including in the STC Program. FRA will assess the
project's ability to foster a safe transportation system for the
movement of goods and people, consistent with the Department's
strategic goal to reduce transportation-related fatalities and serious
injuries across the transportation system. Such considerations will
include, but are not limited to, the extent to which the project
improves safety at highway-rail grade crossings, reduces incidences of
rail-related trespassing, upgrades infrastructure to achieve a higher
level of safety, and uses an appropriately trained workforce.
ii. Climate and Sustainability. FRA seeks to fund projects under
the STC Program that reduce greenhouse gas emissions in the
transportation sector, incorporate evidence-based climate resilience
measures and features, reduce the lifecycle greenhouse gas emissions
from the project materials, and avoid adverse environmental impacts to
air or water quality, wetlands, and endangered species, and address the
disproportionate negative environmental impacts of transportation on
disadvantaged communities, consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).\8\
---------------------------------------------------------------------------
\8\ See U.S. Department of Transportation Strategic Framework FY
2022-2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework
---------------------------------------------------------------------------
iii. Equity. FRA seeks to award projects under the STC Program that
will create proportional impacts to all populations in a project area,
remove transportation related disparities to all populations in a
project area, and increase equitable access to project benefits,
consistent with Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009). FRA will assess the project's ability to address equity and
barriers to opportunity, to the extent possible within the program and
consistent with law. Such considerations will include, but are not
limited to, the applicant's plan for using small businesses to complete
its project, the extent to which the project improves or expands
transportation options, the extent to which the project improve or
expands access to jobs and services and mitigates the safety risks and
detrimental quality of life effects that rail lines can have on
communities. This will also include community engagement efforts
already taken or planned, the extent to which engagement efforts are
designed to reach impacted communities, whether engagement is
accessible for persons with disabilities or limited English proficient
persons within the impacted communities, and how community feedback is
taken into account in decision-making.
iv. Economic Strength and Global Competitiveness. FRA intends to
use the STC 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, in project planning stages, 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). Such considerations will
include, but are not limited to, the extent to which the project
results in high-quality job creation by supporting good-paying jobs
with a free and fair choice to join a union, and in on-going operations
and maintenance, and incorporates strong labor standards, such as
through the use of project labor agreements or union neutrality
agreements; includes comprehensive planning and policies to promote
hiring of underrepresented populations including local and economic
hiring preferences and investments in high-quality workforce
development programs with supportive services, including labor-
management programs, to help train, place, and retain people in good-
paying jobs or registered apprenticeship, and invests in vital
infrastructure assets. FRA also intends to use the STC program to
[[Page 56695]]
support wealth creation, consistent with the Department's Equity Action
Plan through the inclusion of Local inclusive economic development and
entrepreneurship such as the utilization of Disadvantaged Business
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a)
firms.
v. Transformation. FRA will assess the project's ability to expand
and improve the nation's rail network, which needs to balance new
infrastructure for increased capacity with proper maintenance of aging
assets. Such considerations will include, but are not limited to, the
extent to which the project adds capacity to congested corridors,
builds new connections or attracts new users to passenger rail, and
ensures assets will be improved to a state of good repair.
Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural
transportation networks face unique challenges. To the extent that
those challenges are reflected in the merit criteria listed in this
section, the Department will consider how the activities proposed in
the application will address those challenges, regardless of the
geographic location of those activities.
2. Review and Selection Process
FRA will conduct a three-part application review process, as
follows:
a. Screen applications for completeness, eligibility, and applicant
risk;
b. Evaluate eligible applications (completed by subject matter
experts applying the evaluation criteria); and
c. Select projects for funding (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 (see 2 CFR 200.1
Simplified Acquisition Threshold), FRA will review and consider any
information about the applicant that is in the designated integrity and
performance system accessible through SAM (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)). See 41
U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information in the designated integrity and performance system,
in making a judgment about the applicant's integrity, business ethics,
and record of performance under Federal awards when completing the
review of risk posed by applicants as described in 2 CFR 200.206
F. Federal Award Administration Information
1. Federal Award Notice
Applications selected for funding will be announced after the
application review period. FRA will contact applicants with successful
applications after announcement with information and instructions about
the award process. This notification is not an authorization to begin
proposed project activities. FRA requires satisfaction of applicable
requirements by the applicant and a formal grant agreement signed by
both the grantee and the FRA, including an approved scope, schedule,
and budget, before obligating the grant.
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 conditions of
performance, nondiscrimination requirements, and other assurances made
applicable to the award of funds in accordance with regulations of the
Department of Transportation; and applicable Federal financial
assistance and contracting principles promulgated by the Office of
Management and Budget. In complying with these requirements, grantees,
in particular, must ensure that no concession agreements are denied, or
other contracting decisions made on the basis of speech or other
activities protected by the First Amendment. If the Department
determines that a grantee has failed to comply with applicable Federal
requirements, the Department may terminate the award of funds and
disallow previously incurred costs, requiring the grantee to reimburse
any expended award funds.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D--Procurement Standards, 2 CFR 1207.317 and 2 CFR 200.401;
compliance with Federal civil rights laws and regulations; requirements
for disadvantaged business enterprises, debarment and suspension
requirements, and drug-free workplace requirements; FRA's and OMB's
Assurances and Certifications; Americans with Disabilities Act; safety
requirements; NEPA; environmental justice requirements; performance
measures under 49 U.S.C. 22907(f); grant conditions under 49 U.S.C.
22905, and the provision deeming operators rail carriers for certain
purposes and grantee agreements with railroad right-of-way owners for
projects using railroad right-of way. Unless otherwise stated in
statutory or legislative authority, or appropriations language, all
financial assistance awards follow the Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards
at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject to the grant conditions in 49
U.S.C. 22905, including protective arrangements that are equivalent to
the protective arrangements established under section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836) with respect to employees affected by actions taken in connection
with the project to be financed in whole or in part by grants subject
to 49 U.S.C. 22905, the provision deeming operators rail carriers and
employers for certain purposes, and grantee agreements with railroad
right-of-way owners for projects using railroad rights-of-way.\9\
---------------------------------------------------------------------------
\9\ FRA has posted Final guidance to grantees on implementing
protective arrangements at https://railroads.dot.gov/elibrary/equivalent-labor-protections to assist grantees implementing the
protective arrangements; and answers to frequently asked questions
intended to assist grantees subject to the requirements of 49 U.S.C.
22905(c)(1) at https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
---------------------------------------------------------------------------
Assistance under this NOFO is subject to the Buy America
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America
Act, Public Law 117-58, sections 70901-52.
In addition, as expressed in Executive Order 14005, Ensuring the
Future Is Made in All of America by All of America's Workers (86 FR
7475), it is the policy of the executive branch to maximize, consistent
with law, the use of goods, products, and materials produced in, and
services offered in, the United States. FRA expects all applicants to
comply with that requirement without needing a waiver. However, to
obtain a waiver, a recipient must be prepared to demonstrate how they
will maximize the use of domestic
[[Page 56696]]
goods, products, and materials in constructing their project.
Grantees must comply with applicable appropriations act
requirements and all relevant requirements of 2 CFR part 200. Rights to
intangible property under grants awarded under this NOFO are governed
in accordance with 2 CFR 200.315.
See an example of standard terms and conditions for FRA grant
awards at https://www.fra.dot.gov/eLib/Details/L19057. This template is
subject to revision.
The STC NOFO will be implemented, as appropriate and consistent
with law, in alignment with the priorities in Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act (86 FR
64355), which are to invest 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.
a. Climate Change, Sustainability, and Environmental Justice (EJ).
Projects that have not sufficiently considered climate change and
sustainability in their planning, as determined by FRA, will be
required to do so before receiving funds for construction, consistent
with Executive Order 14008, Tackling the Climate Crisis at Home and
Abroad (86 FR 7619). In the grant agreement, recipients will be
expected to describe activities they have taken, or will take, prior to
obligation of construction funds that addresses climate change and EJ.
Activities that address climate change include, but are not limited to,
demonstrating: the project will result in significant greenhouse gas
emissions reductions; the project supports emissions reductions goals
in a Local/Regional/State plan; and the project primarily focuses on
funding for state of good repair and clean transportation options,
including public transportation, walking, biking, and micro-mobility.
Activities that address EJ include but are not limited to: basing
project design on the results of a proven EJ screening tool (developed
by another Federal agency such as the EPA, a State agency, etc.);
conducting enhanced, targeted outreach to EJ communities; considering
EJ in alternatives analysis and final project design; and supporting a
modal shift in freight or passenger movement to reduce emissions or
reduce induced travel demand.
b. Racial Equity and Barriers to Opportunity. Projects must
consider and address equity and barriers to opportunity in their
planning, as determined by FRA, and as a condition of receiving
construction funds, consistent with Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (86 FR 7009). The grant agreement should include the
grantee's description of activities they have taken, or will take,
prior to obligation of construction funds that addresses equity and
barriers to opportunity. These activities may include, but are not
limited to: completing an equity impact analysis for the project;
adopting an equity and inclusion program/plan; conducting meaningful
public engagement to ensure underserved communities are provided an
opportunity to be involved in the planning process; including
investments that either redress past barriers to opportunity or that
proactively create new connections and opportunities for underserved
communities; hiring from local communities; improving access to or
providing economic growth opportunities for underserved, overburdened,
or rural communities; or addressing historic or current inequitable air
pollution or other environmental burdens and impacts.
c. Employment Opportunities. In addition to prioritizing projects
that address climate change, proactively address racial equity, and
reduce barriers to opportunity, FRA intends to use the STC NOFO to
support the creation of good-paying jobs with the free and fair choice
to join a union and the incorporation of strong labor standards and
training and placement programs, especially registered apprenticeships,
and local hire agreements, in project planning and development. To the
extent that applicants have not sufficiently considered job quality and
labor rights in their planning, as determined by the Department of
Labor, the applicants will be required to do so before receiving funds
for construction, consistent with Executive Order 14025, Worker
Organizing and Empowerment (86 FR 22829), and Executive Order 14052,
Implementation of the Infrastructure Investment and Jobs Act (86 FR
64335). Specifically, the project planning activities and project
delivery actions must support: (a) strong labor standards and the free
and fair choice to join a union,\10\ including project labor
agreements, local hire agreements,\11\ distribution of workplace rights
notices, and use of an appropriately trained workforce; (b) support of
high-quality workforce development programs, including registered
apprenticeship, labor-management training programs, and supportive
services to help train, place, and retain people in good-paying jobs
and 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.
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\10\ Federal funds may not be used to support or oppose union
organizing, whether directly or as an offset for other funds.
\11\ 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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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 percent 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. Recipients of Federal transportation funding will be required to
comply fully with Title VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR 21), the ADA, Section 504 of the
Rehabilitation Act of 1973, and all other civil rights requirements.
The Department's and FRA's Office of Civil Rights may provide resources
and technical assistance to recipients to ensure full and sustainable
compliance with Federal civil rights requirements. 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
[[Page 56697]]
subcontractors extensive compliance assistance, conducts compliance
evaluations, and helps to build partnerships between the project
sponsor, prime contractor, subcontractors, and relevant stakeholders.
OFCCP will identify projects that receive an award under this notice
and are required to participate in OFCCP's Mega Construction Project
Program from a wide range of federally assisted projects over which
OFCCP has jurisdiction and that have a project cost above $35 million.
DOT will require project sponsors with costs above $35 million that
receive awards under this funding opportunity to partner with OFCCP, if
selected by OFCCP, as a condition of their DOT award. Under that
partnership, OFCCP will ask these project sponsors to make clear to
prime contractors in the pre-bid phase that project sponsor's award
terms will require their participation in the Mega Construction Project
Program. Additional information on how OFCCP makes their selections for
participation in the Mega Construction Project Program is outlined
under ``Scheduling'' on the Department of Labor website: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.
d. 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.
Each applicant selected for Federal funding under this Notice must
demonstrate, prior to signing of the grant agreement, efforts to
consider and address physical and cyber security risks relevant to the
transportation mode and type and scale of the project. Projects that
have not appropriately considered and addressed physical and cyber
security and resilience in their planning, design, and project
oversight, as determined by the DOT and the Department of Homeland
Security, will be required to do so before receiving funds for
construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National
Security Presidential Memorandum on Improving Cybersecurity for
Critical Infrastructure Control Systems. Information on cybersecurity
performance goals can be found at https://www.cisa.gov/cpg.
e. Domestic Preference Requirements. Assistance under this NOFO is
subject to the Buy America requirements in 49 U.S.C. 22905(a) and the
Build America, Buy America Act, Public Law 117-58, 70901-52. In
addition, as expressed in Executive Order 14005, Ensuring the Future Is
Made in All of America by All of America's Workers (86 FR 7475), it is
the policy of the executive branch to maximize, consistent with law,
the use of goods, products, and materials produced in, and services
offered in, the United States. FRA expects all applicants to comply
with that requirement without needing a waiver. However, to obtain a
waiver, a recipient must be prepared to demonstrate how they will
maximize the use of domestic goods, products, and materials in
constructing their project. If an applicant anticipates it may need a
waiver, the applicant should indicate the need in its application and
submit materials necessary for such requests together with its
application.
f. 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 21), the ADA, and section
504 of the Rehabilitation Act, and accompanying regulations. This may
include, as applicable, providing a Title VI plan, community
participation plan, and other information about the communities that
will be benefited and impacted by the project. The DOT's and FRA's
Office 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 may be submitted electronically.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350.
If the Federal share of any Federal award under this NOFO may
include more than $500,000 over the period of performance, applicants
are informed of the post award reporting requirements reflected in 2
CFR part 200, appendix XII2 CFR part 200, Appendix XII--Award Term and
Condition for Recipient Integrity and Performance Matters.
c. Performance Reporting
Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives. Examples of rail performance measures are listed in the
below table. The applicable measure(s) will depend upon the type of
project. Applicants requesting funding for the acquisition of rolling
stock must integrate at least one equipment/rolling stock performance
measure, consistent with the grantee's application materials and
program goals.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary strategic Secondary strategic
Rail measures Unit measured Temporal goal goal Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow order miles.................. Miles................. Annual............... State of Good Repair Safety.............. The number of miles per
year within the project
area that have temporary
speed restrictions
(``slow orders'')
imposed due to track
condition. This is an
indicator of the overall
condition of track. This
measure can be used for
projects to rehabilitate
sections of a rail line
since the rehabilitation
should eliminate, or at
least reduce the slow
orders upon project
completion.
[[Page 56698]]
Gross Ton......................... Gross Tons............ Annual............... Economic State of Good Repair The annual gross tonnage
Competitiveness. of freight shipped in
the project area. Gross
tons include freight
cargo minus tare weight
of the rail cars. This
measures the volume of
freight a railroad ships
in a year. This measure
can be useful for
projects that are
anticipated to increase
freight shipments.
Rail Track Grade Separation....... Count................. Annual............... Economic Safety.............. The number of annual
Competitiveness. automobile crossings
that are eliminated at
an at-grade crossing as
a result of a new grade
separation.
Passenger Counts.................. Count................. Annual............... Economic State of Good Repair Count of the annual
Competitiveness. passenger boardings and
alightings at stations
within the project area.
Travel Time....................... Time/Trip............. Annual............... Economic Quality of Life..... Point-to-point travel
Competitiveness. times between pre-
determined station stops
within the project area.
This measure
demonstrates how track
improvements and other
upgrades improve
operations on a rail
line. It also helps make
sure the railroad is
maintaining the line
after project
completion.
Track weight capacity............. Yes/No................ One Time............. State of Good Repair Economic If a project is upgrading
Competitiveness. a line to accommodate
heavier rail cars
(typically an increase
from 263,000 lb. rail
cars to 286,000 lb. rail
cars).
Track Miles....................... Miles................. One Time............. State of Good Repair Economic The number of track miles
Competitiveness. that exist within the
project area. This
measure can be
beneficial for projects
building sidings or
sections of additional
main line track on a
railroad.
--------------------------------------------------------------------------------------------------------------------------------------------------------
G. Federal Awarding Agency Contacts
For further information concerning this Notice, please contact the
FRA NOFO Support program staff via email at [email protected].
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 must do
the following: (1) Note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR part 7 subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act which sets forth
rules for FRA to make requested materials, information and, records
publicly available under FOIA. Unless prohibited by law, application
contents may be released in response to FOIA or Congressional requests.
In addition, following the completion of the selection process and
announcement of awards, FRA may publish a list of all applications
received along with the names of the applicant organizations and
funding amounts requested. Except for information withheld under the
previous paragraph, FRA may also make application narratives publicly
available or share application information within DOT or with other
Federal agencies if FRA determines that sharing is relevant to the
respective program's objectives.
Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2023-17834 Filed 8-17-23; 8:45 am]
BILLING CODE 4910-06-P
