Notice of Funding Opportunity for the FY 2023-FY 2024 Consolidated Rail Infrastructure and Safety Improvements Program, 22206-22228 [2024-06710]
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
Anticipated Permits and Other
Authorizations
Based on information provided by
GER and PVH and through OEA’s
ongoing discussions with federal and
state agencies, OEA anticipates the
following permits and authorizations
would be required to construct and
operate the Line and the PVGTB Project:
• Clean Water Action section 401
certification and section 402 and 404
permits
• Rivers and Harbors Act section 9
and 10 permits
• Endangered Species Act section 7
compliance
• National Historic Preservation Act
section 106 compliance
• International Boundary and Water
Commission authorization for work in
the bed and bank of the international
stretch of the Rio Grande
• Presidential Permit
• Texas General Land Office (GLO)
easement authorization for the bed of
the Rio Grande to the international
boundary line
• Maverick County development
permits, including a floodplain
development permit
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Schedule for the Decision-Making
Process
Following issuance of the NOI, OEA
will coordinate with USCG to develop
the Draft EIS. Formal consultation under
the Endangered Species Act (16 U.S.C.
1531–1544), if required, and compliance
with Section 106 of the National
Historic Preservation Act (54 U.S.C.
306108), may affect some of the
anticipated timeframes. A preliminary
schedule for this proceeding is set forth
below:
• Scoping: Second Quarter 2024
• Draft EIS and Public and Agency
Comment Period: Second Quarter 2025
• Final EIS: Fourth Quarter 2025
• Board’s final decision and all
required permits from other agencies:
Prior to construction
Request for Comments
In addition to announcing that the
Board will prepare an EIS for this
proposed action, through this NOI, OEA
is soliciting written comments on the
scope of the EIS, identification of
potential alternatives, and information
and analyses relevant to the EIS. As part
of the scoping process, OEA will hold
public meetings to gather input from the
public (see dates and locations below).
After the close of the scoping comment
period on April 29, 2024, OEA will
review and address all comments as part
of the environmental review process.
Scoping Meeting Dates: OEA will hold
three public scoping meetings on the
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following dates (times in Central
Standard Time).
• Tuesday, April 16, 2024, 11:30 a.m.
to 1:30 p.m. in person at the Eagle Pass
International Center for Trade, 3295 Bob
Rogers Drive, Eagle Pass, TX 78852
• Tuesday, April 16, 2024, 6 to 8 p.m.
in person at the same location
• Tuesday, April 23, 2024, 6 to 8 p.m.
online (for information on how to access
the online meeting, visit
www.greeneaglerreis.com).
The public meetings will consist of an
open house session followed by a public
comment session. At the public
comment session, OEA will give a brief
presentation and then members of the
public will have the opportunity to
speak. Each participant will be given
three minutes in which to provide
comments. Oral comments will be
recorded. Persons wishing to make an
oral comment are encouraged, but not
required, to pre-register. To pre-register
or for more information on how to
attend the public scoping meetings,
please visit the public involvement page
on the Board-sponsored Project website
(www.greeneaglerreis.com). OEA will
consider all comments equally
regardless of how the comments are
received. It is not necessary to attend a
public scoping meeting to provide
scoping comments. OEA will be
accepting comments through the
scoping comment period, which ends
on April 29, 2024.
Submitting Comments: Interested
parties are encouraged to file their
scoping comments electronically
through the Board’s website at
www.stb.gov by clicking on the ‘‘File an
Environmental Comment’’ link. Please
refer to Docket No. FD 36652 in all
correspondence, including E-filings,
addressed to the Board. Scoping
comments may also be submitted by
mail to: Andrea Poole, Surface
Transportation Board, c/o VHB,
Attention: Environmental Filing, Docket
No. FD 36652, 1001 G Street NW, Suite
1125, Washington, DC 20001. All
comments received will become part of
the public record and will be available
on the Board’s website.
By the Board, Danielle Gosselin, Director,
Office of Environmental Analysis.
Eden Besera,
Clearance Clerk.
[FR Doc. 2024–06688 Filed 3–28–24; 8:45 am]
BILLING CODE 4915–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the
FY 2023–FY 2024 Consolidated Rail
Infrastructure and Safety
Improvements Program
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 to obtain grant funding for
eligible projects under the Consolidated
Rail Infrastructure and Safety
Improvements Program for Fiscal Years
2023 and 2024. This notice solicits
applications for program funds made
available by the Consolidated
Appropriations Act, 2023, Consolidated
Appropriations Act, 2024, and the
Infrastructure Investment and Jobs Act.
This notice also solicits applications for
projects under the Magnetic Levitation
Technology Deployment Program,
funded by the Consolidated
Appropriations Act, 2021. The
opportunity described in this notice is
made available under Assistance
Listings Number 20.325, ‘‘Consolidated
Rail Infrastructure and Safety
Improvements,’’ and Assistance Listings
Number 20.318, ‘‘Maglev Project
Selection—SAFETEA–LU.’’
DATES: Applications for funding under
this solicitation are due no later than
11:59 p.m. EST, May 28, 2024.
Applications that are incomplete or
received after 11:59 p.m. EST, on May
28, 2024 will not be considered for
funding. See section D of this notice for
additional information on the
application process.
ADDRESSES: Applications must be
submitted via www.Grants.gov. Only
applicants who comply with all
submission requirements described in
this notice and submit applications
through www.Grants.gov will be eligible
for award. For any supporting
application materials that an applicant
is unable to submit via www.Grants.gov
(such as oversized engineering
drawings), an applicant may submit an
original and two (2) copies to Ms.
Deborah Kobrin, Office of Rail Program
Development, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W38–212,
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
SUMMARY:
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
courier service) to ensure timely receipt
of materials before the application
deadline.
For
further information concerning this
notice, please contact the FRA NOFO
Support program staff via email at FRANOFO-Support@dot.gov. If additional
assistance is needed, you may contact
Ms. Deborah Kobrin, Supervisory
Transportation Specialist, at email:
Deborah.kobrin@dot.gov or telephone:
202–420–1281; Ms. Jenny Zeng,
Transportation Industry Analyst, at
FOR FURTHER INFORMATION CONTACT:
email: Jenny.Zeng@dot.gov or telephone:
857–330–2481; in FRA’s Office of Rail
Program Development.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA
recommends that applicants read this
notice in its entirety prior to preparing
application materials. Definitions of key
terms used throughout the NOFO are
provided in section A(2) below. These
key terms are capitalized throughout the
NOFO. There are several administrative
and specific eligibility requirements
described herein with which applicants
must comply. Additionally, applicants
22207
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
SUMMARY OVERVIEW OF KEY INFORMATION—CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
PROGRAM (CRISI)
Issuing Agency .....................
Program Overview ...............
Eligible Applicants ................
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Eligible Project Types ..........
Funding ................................
Deadline ...............................
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Federal Railroad Administration, U.S. Department of Transportation
The purpose of the CRISI Program is to invest in a wide range of projects within the United States to improve
railroad safety, efficiency, and reliability; mitigate congestion at both intercity passenger rail and freight rail
chokepoints to support more efficient travel and goods movement; enhance multi-modal connections; and lead
to new or substantially improved Intercity Passenger Rail Transportation corridors.
• A State (including the District of Columbia).
• A group of States.
• An Interstate Compact.
• A public agency or publicly chartered authority established by 1 or more states.
• A political subdivision of a State.
• Amtrak or another rail carrier that provides intercity rail passenger transportation (as rail carrier and intercity rail
passenger transportation are defined in 49 U.S.C. 24102).
• A Class II railroad or Class III Railroad, including any holding company of a Class II or Class III railroad (as
those terms are defined in 49 U.S.C. 20102).
• An association representing one or more railroads described in paragraph (g).
• A federally recognized Indian Tribe.
• Any rail carrier or rail equipment manufacturer in partnership with at least one of the entities described in paragraphs (a) through (e).
• The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.
• A University transportation center engaged in rail-related research.
• A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.
• Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
• A capital project as defined in 49 U.S.C. 22901(2), except that a project shall not be required to be in a State
rail plan developed under 49 U.S.C. chapter 227.
• A capital project identified by the Secretary as being necessary to address congestion or safety challenges affecting rail service.
• A capital project identified by the Secretary as being necessary to reduce congestion and facilitate ridership
growth in intercity passenger rail transportation along heavily traveled rail corridors.
• A highway-rail grade crossing improvement project.
• A rail line relocation or improvement project.
• A capital project to improve short-line or regional railroad infrastructure.
• The preparation of regional rail and corridor service development plans and corresponding environmental analyses.
• Any project that the Secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes.
• The development and implementation of a safety program or institute designed to improve rail safety.
• The development and implementation of measures to prevent trespassing and reduce associated injuries and
fatalities.
• Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital,
operations, or safety improvements.
• Workforce development and training activities.
• Research, development, and testing to advance and facilitate innovative rail projects.
• The preparation of emergency plans for communities through which hazardous materials are transported by
rail.
• Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a
significant reduction of emissions.
xvii. Deployment of Magnetic Levitation Transportation Projects.
The total funding available for awards under this NOFO is up to $2,478,391,050.
Deadline: May 28, 2024.
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A. Program Description
1. Overview
The Consolidated Rail Infrastructure
and Safety Improvements (CRISI)
Program is authorized under 49 U.S.C.
22907. The purpose of the CRISI
Program is to invest in a wide range of
projects within the United States to
improve railroad safety, efficiency, and
reliability; mitigate congestion at both
intercity passenger rail and freight rail
chokepoints to support more efficient
travel and goods movement; enhance
multi-modal connections; and lead to
new or substantially improved Intercity
Passenger Rail Transportation corridors.
This program invests in railroad
infrastructure projects that improve
safety, support economic vitality
(including through opportunities for
small businesses), create good-paying
jobs with the free and fair choice to join
a union, increase capacity and supply
chain resilience, apply innovative
technology, and explicitly address
climate change, gender equity and racial
equity. The purpose of this notice is to
solicit applications for the competitive
CRISI Program provided in
Consolidated Appropriations Act, 2023,
division L, title I, Public Law 117–328
(2023 Appropriation), Consolidated
Appropriations Act, 2024, division F,
title I, Public Law 118–42 (2024
Appropriation) and the 2023 and 2024
advance appropriation in the
Infrastructure Investment and Jobs Act,
division J, title II, Public Law 117–58
(2021).
In addition to the funding made
available for the CRISI Program, this
NOFO includes funds for eligible
projects under the Magnetic Levitation
Technology Deployment Program
(Maglev Grants Program) and solicits
applications for eligible project costs for
the deployment of magnetic levitation
transportation projects. The Maglev
Grants Program is authorized under and
funded in the Consolidated
Appropriations Act, 2021, division L,
title I, Public Law 116–260 (2021
Appropriation), consistent with the
language in section 1307(a) through (c)
of Public Law 109–59 (SAFETEA–LU),
as amended by section 102 of Public
Law 110–244 (Technical Corrections
Act) (23 U.S.C. 322 note). Applications
for Maglev Grants Program funding that
also seek funding under the CRISI
Program will be evaluated consistent
with the selection criteria for the Maglev
Grants Program.
This NOFO integrates FRA’s
Guidance on Development and
Implementation of Railroad Capital
Projects (88 FR 2163, Jan. 12, 2023)
(FRA’s Capital Projects Guidance)
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which assists project sponsors in
developing effective and complete
capital projects by defining the project
development process and describing
implementation tools, processes, and
documentation that may be required for
a grant. FRA’s Capital Projects Guidance
can be found here: https://railroads.
dot.gov/elibrary/fra-guidancedevelopment-and-implementationrailroad-capital-project.
In December 2023, FRA updated its
standard grant agreement terms and
conditions. The new FRA grant
agreement consists of three parts:
Attachment 1: Standard Terms and
Conditions, Attachment 2: ProjectSpecific Terms and Conditions, and
Terms and Conditions Exhibits. The
updated agreements are available at:
https://railroads.dot.gov/grants-loans/
fra-discretionary-grant-agreements.
The Department seeks to fund projects
that advance the Administration
Priorities of safety, equity, climate and
sustainability, workforce development,
job quality, and wealth creation as
described in the U.S. Department of
Transportation (DOT) Strategic Plan,1
and in executive orders, which are
described in section E.
2. Definitions of Key Terms
Terms defined in this section are
capitalized throughout this notice.
a. ‘‘Benefit-Cost Analysis’’ (‘‘BCA’’) is
a systematic, data-driven, and
transparent analysis comparing
monetized project benefits and costs,
using a no-build baseline and properly
discounted present values, including
concise documentation of the
assumptions and methodology used to
produce the analysis; a description of
the baseline, data sources used to
project outcomes, and values of key
input parameters; basis of modeling
including spreadsheets, technical
memos, etc.; and presentation of the
calculations in sufficient detail and
transparency to allow the analysis to be
reproduced and for sensitivity of results
evaluated by FRA. All project
submissions to the CRISI program
require a Benefit-Cost Analysis. Please
refer to the updated Benefit-Cost
Analysis Guidance for Discretionary
Grant Programs (2024) prior to
preparing a BCA at https://
www.transportation.gov/office-policy/
transportation-policy/benefit-costanalysis-guidance-discretionary-grantprograms-0. In addition, please also
refer to the BCA FAQs on FRA’s website
1 Additional information about the USDOT
Strategic Plan, Research, Development and
Technology Strategic Plan can be found here:
https://www.transportation.gov/dot-strategic-plan.
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for rail specific examples of how to
apply the BCA Guidance for
Discretionary Grant Programs to CRISI
applications.2
b. ‘‘Capital Project’’ means a project
for acquiring, constructing, improving,
or inspecting rail equipment, track and
track structures, or a rail facility,
including expenses incidental to the
acquisition or construction including
pre-construction activities (such as
designing, engineering, location
surveying, mapping, acquiring rights-ofway) and related relocation costs,3
environmental studies, and all work
necessary for FRA to consider the effects
of the proposed project under the
National Environmental Policy Act;
highway-rail grade crossing
improvements; communication and
signalization improvements; and
rehabilitating, remanufacturing, or
overhauling rail rolling stock and rail
facilities.4
c. ‘‘Commuter Rail Passenger
Transportation’’ means short-haul rail
passenger transportation in
metropolitan and suburban areas
usually having reduced fare, multiple
rides, and commuter tickets, and
morning and evening peak period
operations, consistent with 49 U.S.C.
24102(3). The term does not include
rapid transit operations in an urban area
that are not connected to the general
railroad system of transportation.
d. ‘‘Construction’’ means the Lifecycle
Stage of a Capital Project during which
the Capital Project is completely built,
installed and placed into use.
Construction activities include, but are
not limited to, physical construction
and installation of the Capital Project,
including testing of equipment,
workforce training, and start-up testing.
Construction activities occur after a
project has completed Final Design.
e. ‘‘Deployment of Magnetic
Levitation Transportation Projects’’
means, for purposes of this NOFO,
transportation systems employing
magnetic levitation that would be
capable of safe use by the public at a
speed in excess of 240 miles per hour.5
2 Additional information about the BCA FAQs
can be found here: https://railroads.dot.gov/railnetwork-development/planning/project-planning/
benefit-cost-analysis-guidance.
3 FRA will consider right-of-way acquisition only
for applications which seek Construction funding.
4 For any project that includes purchasing
Intercity Passenger Rail rolling stock, 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 similar
uniform process.
5 This definition only applies to projects eligible
under the Maglev Grants Program. These projects
may also be eligible for funding under the CRISI
program consistent with 49 U.S.C. 22907(c).
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f. ‘‘Final Design’’ or ‘‘FD’’ means the
Lifecycle Stage of a Capital Project
during which the Capital Project design
is advanced to be ready for
Construction. This is when the
agreements necessary to construct and
operate the Capital Project are secured,
acquisition of right-of-way is completed,
and final engineering plans and
specifications necessary for construction
of the project are produced. Final
Design activities occur after a Capital
Project has completed Project
Development, and before a Capital
Project can advance to Construction.
Final Design is described in FRA’s
Capital Projects Guidance.
g. ‘‘Intercity Rail Passenger
Transportation’’ means rail passenger
transportation, except commuter rail
passenger transportation. see 49 U.S.C.
22901(3), and in this NOFO, it has the
same meaning as ‘‘Intercity Passenger
Rail Service’’ and ‘‘Intercity Passenger
Rail Transportation’’.
h. ‘‘Lifecycle Stage’’ means each of the
consecutive stages of a Capital Project as
it is developed and implemented that
include Systems Planning, Project
Planning, Project Development, Final
Design, Construction, and Operation.
Each sequential stage involves specific
activities. Lifecycle Stages are described
in FRA’s Capital Projects Guidance.
i. ‘‘Major Project’’ means a Capital
Project with a capital cost estimate
equal to or greater than $500 million
and with at least $100 million in federal
assistance under the CRISI Program.
Major Project is described in FRA’s
Capital Project Guidance.
j. ‘‘National Environmental Policy
Act’’ or ‘‘NEPA’’ (42 U.S.C. 4321 et seq.)
is a Federal law that requires Federal
agencies to analyze and document the
environmental impacts of a proposed
action in consultation with appropriate
Federal, Tribal, state, and local
authorities, and with the public.
Environmental review under NEPA
consists of an Environmental Impact
Statement (EIS), Environmental
Assessment (EA) or Categorical
Exclusion (CE). The NEPA class of
action depends on the potential
environmental impacts of the proposed
action. For purposes of this NOFO,
NEPA also includes all related Federal
laws and regulations including the
Clean Air Act, section 4(f) of the
Department of Transportation Act,
section 7 of the Endangered Species Act,
and section 106 of the National Historic
Preservation Act. Additional
information regarding FRA’s
environmental processes and
requirements is located at https://
railroads.dot.gov/rail-networkdevelopment/environment/environment.
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NEPA consultation and documentation
are considered part of the Project
Development Lifecycle Stage, as
described in FRA’s Capital Projects
Guidance.
k. ‘‘Positive Train Control System’’
(‘‘PTC’’) is defined by 49 CFR 270.5 to
mean a system designed to prevent
train-to-train collisions, overspeed
derailments, incursions into established
work zone limits, and the movement of
a train through a switch left in the
wrong position, as described in 49 CFR
part 236, subpart I.
l. ‘‘Preliminary Engineering’’ or ‘‘PE’’
means engineering design to define a
Capital Project, including identification
of all environmental impacts and design
of all critical project elements at a level
sufficient to ensure reliable cost
estimates and schedules. The PE
development process starts with specific
project design alternatives that allow for
the assessment of a range of rail
improvements, specific alignments, and
project designs. PE is considered part of
the Project Development Lifecycle
Stage, as described in FRA’s Capital
Projects Guidance.
m. ‘‘Project Development’’ means the
Lifecycle Stage of a Capital Project
during which the project sponsor
conducts design, environmental, and
other studies to ensure the Capital
Project is ready for implementation.
Project Development activities occur
after a project sponsor has completed
Project Planning, and before a Capital
Project can advance to Final Design.
Project Development is described in
FRA’s Capital Projects Guidance.
n. ‘‘Project Management Plan’’ means,
under this NOFO, a document that
describes how the Capital Project will
be implemented, monitored, and
controlled to help the project sponsor
effectively, efficiently, and safely
deliver the project on time, within
budget, and at the highest appropriate
quality. Project Management Plan is
described in FRA’s Capital Projects
Guidance.
o. ‘‘Project Planning’’ is the first
Lifecycle Stage of a Capital Project
during which the project sponsor
identifies Capital Project concepts to
adequately address transportation needs
and opportunities identifies and
compares costs, benefits, and impacts of
project options; identifies the impacted
environmental resources and engages
with interested parties, agencies, and
infrastructure owners. Project Planning
activities are completed before a Capital
Project advances to Project
Development. Project Planning is
described in FRA’s Capital Projects
Guidance and consistent with the 2023
Appropriation.
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22209
p. ‘‘Rural Area’’ means any area that
is not within an area designated as an
urban area with at least 50,000 in
population by the most recent decennial
Census.
q. ‘‘Rural Project’’ means a project in
which all or the majority of the project
(determined by the geographic location
or locations where the majority of the
project funds will be spent) is located in
a Rural Area.
r. ‘‘Significant Reduction of
Emissions’’ as used in this NOFO,
results from rehabilitating,
remanufacturing, procuring, or
overhauling: (1) a Non-Tiered, Tier 0, or
Tier 1 locomotive to at least the Tier 2
level; (2) a Tier 2 or Tier 3 locomotive
to at least a Tier 4 level; or (3) any
locomotive to an all-electric, renewable
diesel, battery-powered, or other
renewable energy locomotive. Nontiered, Tier 0 and Tier 1 locomotives
must be retired if replaced. Emission
standards and Tier designations for linehaul and switch locomotives are set by
the U.S. Environmental Protection
Agency, 40 CFR part 1033, subpart B.
s. ‘‘Systems Planning’’ means the first
Lifecycle Stage when planning activities
that support the development of a
railroad capital plan, a state or regional
rail plan, or a corridor service
development plan that may identify a
Capital Project, are completed. System
Planning is described in FRA’s Capital
Projects Guidance.
t. ‘‘Relocation’’ means moving a rail
line vertically or laterally to a new
location. Vertical Relocation refers to
raising above the current ground level or
sinking below the current ground level
of a rail line. Lateral Relocation refers to
moving a rail line horizontally to a new
location.
B. Federal Award Information
1. Available Award Amount & Special
Funding Set-Asides
The total funding available for awards
under this NOFO is up to
$2,478,391,050, made available by the
2023 Appropriation, 2024
Appropriation, 2023 and 2024 advance
appropriations provided in IIJA, and
remaining unawarded 2022 CRISI
balances.6 The total funding also
6 In addition to the $2,478,391,050 in CRISI
funding made available in this NOFO, $80,727,922
in CRISI funds will be separately made available for
Special Transportation Circumstances grants,
$129,383,997 in CRISI funds will be set aside for
the purposes, and in amounts, specified for
Community Project Funding/Congressionally
Directed Spending in the table entitled
‘‘Community Project Funding/Congressionally
Directed Spending’’ included in the joint
explanatory statement, and $55,179,159 in CRISI
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includes $2,000,000 in FY 2021 funding
for the Maglev Grant Program, as
detailed in this section. Should
additional CRISI Program funds become
available after the release of this NOFO,
FRA may elect to award such additional
funds to applications received under
this NOFO. Any awards made under
this NOFO are subject to the availability
of appropriated funds.
Further, of the available award
amount listed above, certain funding
amounts are set aside for the following
purposes under this NOFO:
a. Rural Set-Aside—At least
$657,393,500, or 25 percent of the total
amount appropriated of the CRISI
Program funds, will be made available
for projects located in Rural Areas as
required in 49 U.S.C. 22907(g). FRA will
consider a project to be in a Rural Area
if all or the majority of the project
(determined by the geographic location
or locations where the majority of the
project funds will be spent) is located in
a Rural Area.
b. Intercity Passenger Rail Set-Aside—
At least $150,000,000 will be made
available for Capital Projects as defined
by 49 U.S.C. 22901(2) that support the
development of new Intercity Passenger
Rail Service routes including alignments
for existing routes, as described in 49
U.S.C. 22907(c)(2) and as required in the
2023 Appropriation.
c. Trespassing Measures Set-Aside—
At least $32,724,132 7 will be made
available for the development and
implementation of measures to prevent
trespassing and reduce associated
injuries and fatalities, as described in 49
U.S.C. 22907(c)(11) 8 and as required in
the 2023 Appropriation.
d. Magnetic Levitation Deployment
Projects Set-Aside—$2,000,000 in 2021
Appropriation funding will be made
available for the Deployment of
Magnetic Levitation Transportation
Projects. In addition, $5,000,000 will be
made available from the 2023
Appropriation for preconstruction
planning activities and capital costs
related to the deployment of magnetic
levitation transportation projects.
e. Workforce Development SetAside—At least $5,000,000 will be made
available for workforce development
and training activities, as described in
49 U.S.C. 22907(c)(13) and as required
by the 2023 Appropriation.
funds will be set aside for award and program
oversight conducted by FRA.
7 This amount includes $25,000,000 in Fiscal
Year 2023 Annual Appropriation and $7,724,132 in
carryover funding from Fiscal Year 2022.
8 FRA will give preference to projects that are
located in the top 25 counties with the most
pedestrian trespasser casualties.
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2. Award Size
FRA anticipates making multiple
awards with the available funding. FRA
may not be able to award grants to all
eligible applications even if they meet
or exceed the stated evaluation criteria
(see section E, Application Review
Information). FRA strongly encourages
applicants to seek funding for the
appropriate Lifecycle Stage of a Capital
Project, consistent with the application
tracks in section C(3)(c) below. Where
an application includes multiple
Lifecycle Stages of a Capital Project,
FRA may decide to only award funds for
what it determines is the appropriate
Lifecycle Stage.
In addition, projects may require more
funding than is available. FRA
encourages applicants to propose a
project that has operational
independence, or a component of such
project, which can be completed and
implemented with funding under this
NOFO as a part of the total project cost
together with other, non-Federal
sources. (See section C(3)(c) for more
information). While there is no
predetermined minimum or maximum
dollar threshold for individual awards,
FRA encourages applications that
request funding in excess of $1,000,000.
Applicants are not limited in the
number of projects for which they seek
funding. Applicants submitting more
than one application are requested to
submit a priority ranking of their
submitted applications that is consistent
with each application package
submitted.
3. Award Type
FRA will make awards for projects
selected under this notice through grant
agreements and/or cooperative
agreements. Grant agreements are used
when FRA does not expect to have
substantial Federal involvement in
carrying out the funded activity.
Cooperative agreements allow for
substantial Federal involvement in
carrying out the agreed upon
investment, including technical
assistance, review of interim work
products, and increased program
oversight. The term ‘‘grant’’ is used
throughout this document and is
intended to reference funding awarded
through a grant agreement or 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,
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the grantee is expected to expend
matching funds at the required
percentage concurrent with Federal
funds throughout the life of the project.
The new FRA grant agreement
consists of three parts: Attachment 1:
Standard Terms and Conditions,
Attachment 2: Project-Specific Terms
and Conditions, and Terms and
Conditions Exhibits. The grant
agreement templates are available at:
https://railroads.dot.gov/grants-loans/
fra-discretionary-grant-agreements.
These templates are subject to revision.
4. Concurrent Applications
DOT and FRA may concurrently
solicit applications for transportation
infrastructure projects for several
financial assistance programs.
Applicants may submit applications
requesting funding for a particular
project to one or more of these
programs. In the application for funding
under this NOFO, applicants must
indicate the other program(s) to which
they submitted an application for
funding the entire project or certain
components, as well as highlight new or
revised information in the application
responsive to this NOFO that differs
from the previously submitted
application(s).
C. Eligibility Information
This section of the notice explains
applicant eligibility, cost sharing and
matching requirements, project
eligibility, and project component
operational independence. Applications
that do not meet the requirements in
this section are ineligible for funding.
Instructions for submitting eligibility
information to FRA are detailed in
section D of this NOFO.
1. Eligible Applicants
The following entities are eligible
applicants for all CRISI projects under
this notice: 9
a. A State (including the District of
Columbia).
b. A group of States.
c. An Interstate Compact.
d. A public agency or publicly
chartered authority established by one
or more States.
e. A political subdivision of a State.
f. Amtrak or another rail carrier that
provides intercity rail passenger
transportation (as rail carrier and
intercity rail passenger transportation
are defined in 49 U.S.C. 24102).
g. A Class II railroad or Class III
railroad, including any holding
9 For applications seeking funding under the
Maglev Grant Program, only a State, States, or an
authority designated by one or more States are
eligible to receive funding under this NOFO.
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company of a Class II or Class III
railroad (as those terms are defined in
49 U.S.C. 20102).10
h. An association representing one or
more railroads described in paragraph
(g).
i. A federally recognized Indian Tribe.
j. Any rail carrier or rail equipment
manufacturer in partnership with at
least one of the entities described in
paragraphs (a) through (e).
k. The Transportation Research Board
and any entity with which it contracts
in the development of rail-related
research, including cooperative research
programs.
l. A University transportation center
engaged in rail-related research.
m. A non-profit labor organization
representing a class or craft of
employees of rail carriers or rail carrier
contractors.
Amounts awarded from the 2023 and
2024 Appropriation for otherwise
eligible projects that implement or
sustain Positive Train Control Systems
are not subject to the limitation in 49
U.S.C. 22905(f) and may therefore be
awarded for commuter rail passenger
transportation projects. FRA may
transfer such projects to the appropriate
agency to administer.
The applicant serves as the primary
point of contact for the application, and
if selected, as the recipient of the grant
award. An application may identify
entities that are not eligible applicants
as project partners.
2. Cost Sharing and Matching
The Federal share of total costs for
CRISI Program projects funded under
this NOFO shall not exceed 80 percent.
The estimated total cost of a project
must be based on the best available
information, including engineering
studies, studies of economic feasibility,
environmental analyses, and
information on the expected use of
equipment and/or facilities.
Additionally, in preparing estimates of
total project costs, applicants are
encouraged to use FRA’s cost estimate
guidance documentation, ‘‘Capital Cost
Estimating: Guidance for Project
Sponsors,’’ which is available at:
https://www.fra.dot.gov/Page/P0926.
Project sponsors should account for the
impact of factors such as inflation as the
applicant prepares their scope,
schedule, and budget.
The minimum 20 percent non-Federal
share may be comprised of public sector
10 Consistent
with 49 U.S.C. 20102, a Class II and
Class III railroad is defined as an entity that is a
railroad carrier (under 49 U.S.C. 20102(3)) with an
annual carrier operating revenue that meets the
threshold amount for Class II and Class III carriers,
as determined by the Surface Transportation Board
in 49 CFR 1201.1–1.
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(e.g., State or local) or private sector
funding. FRA will not consider any
Federal financial assistance, or any nonFederal funds already expended (or
otherwise encumbered) toward the
matching requirement, unless such
sources are 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. In addition,
applicants may count costs incurred for
Preliminary Engineering associated with
highway-rail grade crossing
improvement projects and trespassing
prevention projects as described in 49
U.S.C. 22907(c)(5) and (11),
respectively, as part of the total project
costs. Such costs are eligible as nonFederal share or for reimbursement,
even if they were incurred before project
selection for award, consistent with 49
U.S.C. 22907(h)(4).11 Such costs must
have been incurred no earlier than
November 15, 2021, and must be
otherwise compliant with 2 CFR part
200 and the requirements of this CRISI
Program.
If Amtrak or another rail carrier is an
applicant under this CRISI Program,
Amtrak or such other rail carrier, as
applicable, may use ticket and other
revenues generated from its operations
and other sources to satisfy the nonFederal share requirements.
Funding under this NOFO may not be
used for costs that are included in or
used to meet cost sharing or matching
requirements of any other Federally
financed award or program. If the
applicant is seeking additional funding
for a project that has already received
Federal financial assistance, costs
associated with the scope of work for
the existing Federal award are not
eligible for funding under this NOFO.
Only new scope elements/activities
(e.g., new deliverables) are eligible for
funding under this NOFO.
Before applying, applicants should
carefully review the principles for cost
sharing or matching in 2 CFR 200.306.
See section D(2)(a)(iii) for required
application information on non-Federal
match and section E for further
discussion of FRA’s consideration of
matching funds in the review and
selection process. FRA will approve preaward costs incurred after
announcement of awards consistent
11 FRA interprets the language in 49 U.S.C.
22907(h)(4) to permit FRA to reimburse grantees for
Preliminary Engineering costs on Highway-rail
grade crossing projects incurred before the date of
project selection, if the costs would be permitted as
part of total project costs if incurred after the date
of project selection and are consistent with 2 CFR
part 200.
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22211
with 2 CFR 200.458, as applicable. See
section D(6). Cost sharing or matching
may be used only for eligible expenses
for authorized Federal award purposes.
All contracts for projects financed
with Federal funds will be subject to
applicable Federal requirements.
Applicants that have entered into
contracts for a proposed project prior to
award must ensure that applicable
Federal requirements are included in
the contract in the event the project is
selected and Federal funds are
obligated.
3. Eligible Projects
a. The Following Are Eligible Under
This NOFO
i. Deployment of railroad safety
technology, including positive train
control (PTC) and rail integrity
inspection systems. PTC examples
include: back office systems; wayside,
communications and onboard hardware
equipment; software; equipment
installation; spectrum; any component,
testing and training for the
implementation of PTC systems; and
interoperability. Maintenance and
operating expenses incurred after a PTC
system is placed in revenue service are
ineligible. Railroad safety technology
and rail integrity inspection system
examples include: broken rail detection
and warning systems; track intrusion
systems; and hot box detectors, wheel
impact load detectors, and other safety
improvements.12
ii. A capital project as defined in 49
U.S.C. 22901(2), except that a project
shall not be required to be included in
a State rail plan developed under 49
U.S.C. chapter 227.
iii. A capital project identified by the
Secretary as being necessary to address
congestion or safety challenges affecting
rail service.13
iv. A capital project identified by the
Secretary as being necessary to reduce
congestion and facilitate ridership
growth in intercity passenger rail
transportation along heavily traveled
rail corridors.14
v. A highway-rail grade crossing
improvement project, including
installation, repair, or improvement of
grade separations, railroad crossing
signals, gates, and related technologies,
highway traffic signalization, highway
12 Only costs for FD and Construction stages and
forward are eligible within this eligibility category.
13 FRA interprets ‘‘capital project’’ in this section
to mean a Capital Project as defined in this NOFO.
For example, a track improvement project that also
addresses congestion or safety issues.
14 FRA interprets ‘‘capital project’’ in this section
to mean a Capital Project as defined in this NOFO.
For example, an intercity passenger rail track
project on a heavily trafficked corridor.
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lighting and crossing approach signage,
roadway improvements such as medians
or other barriers, railroad crossing
panels and surfaces, and safety
engineering improvements to reduce
risk in quiet zones or potential quiet
zones.
vi. A rail line relocation or
improvement project.
vii. A capital project to improve shortline or regional railroad infrastructure.
viii. The preparation of regional rail
and corridor service development plans
and corresponding environmental
analyses.15
ix. Any project that the Secretary
considers necessary to enhance
multimodal connections or facilitate
service integration between rail service
and other modes, including between
intercity rail passenger transportation
and intercity bus service or commercial
air service.16
x. The development and
implementation of a safety program or
institute designed to improve rail safety.
xi. The development and
implementation of measures to prevent
trespassing and reduce associated
injuries and fatalities. Examples
include: trespass-related Capital Projects
(such as physical barriers, fencing, or
equipment), trespassing enforcement
activities, and outreach campaigns
resulting in trespasser deterrence and
prevention.
xii. Any research that the Secretary
considers necessary to advance any
particular aspect of rail-related capital,
operations, or safety improvements.
xiii. Workforce development and
training activities, coordinated to the
extent practicable with the existing local
training programs supported by the
Department of Transportation, the
Department of Labor, and the
Department of Education.17
xiv. Research, development, and
testing to advance and facilitate
innovative rail projects, including
projects using electromagnetic
guideways in an enclosure in a very
low-pressure environment.
xv. The preparation of emergency
plans for communities through which
hazardous materials are transported by
rail.
15 These are planning activities normally
performed during the Systems Planning Lifecycle
Stage. Consistent with the 2023 Appropriations,
railroad project-level planning activities are also
eligible.
16 FRA interprets ‘‘project’’ in this section to
mean a Capital Project as defined in this NOFO.
17 Workforce development, training and related
eligible activities are not limited to those
coordinated with the existing local training
programs supported by the Department of
Transportation, the Department of Labor, and the
Department of Education.
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xvi. Rehabilitating, remanufacturing,
procuring, or overhauling locomotives,
provided that such activities result in a
significant reduction of emissions.
xvii. Deployment of Magnetic
Levitation Transportation Projects.18
Project eligibility is further provided in
Track 5, as described in section
C(3)(c)(v).
b. Project Component
If an applicant requests funding for a
component or set of components of a
larger Capital Project, the project
component(s) included in the
application must be attainable with the
award amount and comply with all
eligibility requirements described in
section C. In addition, the component(s)
must enable independent analysis and
decision making, as determined by FRA,
under NEPA (i.e., have independent
utility, connect logical termini, and not
restrict the consideration of alternatives
for other reasonably foreseeable rail
projects).
c. Application Tracks
Applicants are not limited in the
number of projects for which they seek
funding. FRA generally evaluates
applications in Tracks based on the
Lifecycle Stages of a Capital Project.
While applications covering multiple
Lifecycle Stages are not precluded, FRA
generally expects that applications
identify only one of the following tracks
for an eligible proposed project:
• Track 1—Systems Planning and
Project Planning;
• Track 2—Project Development;
• Track 3—FD/Construction;
• Track 4—Research, Workforce
Development, Safety Programs and
Institutes (Non-Railroad Infrastructure);
or
• Track 5—Deployment of Magnetic
Levitation Transportation Projects.
FRA strongly encourages applicants to
seek funding for the appropriate
Lifecycle Stage of a Capital Project,
consistent with these application tracks.
To the extent possible, applicants
should describe their projects consistent
with FRA’s Capital Projects Guidance,
which provides a detailed description of
each Lifecycle Stage and its required
activities: https://railroads.dot.gov/
elibrary/fra-guidance-development-andimplementation-railroad-capital-project.
If an application seeks funding under
more than one application Track for
18 This category covers projects that are eligible
under the Maglev Grants Program. Projects under
this category may also be eligible to receive CRISI
Program funds, to the extent the application
complies with all CRISI Program requirements.
Applications for funding under both Programs will
be evaluated consistent with the selection criteria
for the Maglev Grants Program.
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multiple Lifecycle Stages, FRA may
award funds for the application Track
and corresponding Lifecycle Stage(s) it
determines most appropriate based on
project readiness information.
Applicants are directed to identify the
project components and estimated
amount of Federal funding requested for
each Lifecycle Stage. If an application
selected for award includes multiple
Lifecycle Stages, FRA will require the
grantee to complete the Lifecycle Stages
in the order consistent with FRA’s
Capital Projects Guidance.
i. Track 1—Systems Planning and
Project Planning: Track 1 consists of
Systems Planning and/or Project
Planning specific to an eligible Capital
Project. Systems Planning examples
include the technical analyses and
associated environmental analyses that
support the development of railroad
capital plans, state rail plans, regional
rail plans, and corridor service
development plans, including:
Identification of alternatives, rail
network planning, market analysis,
travel demand forecasting, revenue
forecasting, railroad system design,
railroad operations analysis and
simulation, equipment fleet planning,
station and access analysis, conceptual
engineering and capital programming,
operating and maintenance cost
forecasting, capital replacement and
renewal analysis, and economic
analysis. Example activities for Project
Planning include: the development of a
purpose and need statement;
completion of conceptual engineering
and other design; documentation
showing that project alternatives were
considered; completion of an
environmental resource inventory and
potential environmental concerns
analysis; scale design drawings; public
and stakeholder involvement;
completion of an order-of-magnitude
project cost estimate; and for Major
Projects, completion of an initial Project
Management Plan. Project Planning
projects funded under this NOFO must
be sufficiently developed when
complete to support Project
Development activities.
ii. Track 2—Project Development:
Track 2 consists of projects for eligible
Project Development activities. Example
activities include: completion of PE and
architectural or other design; PE
drawings and specifications (scale
drawings at the 30 percent design level,
including track geometry as
appropriate); design criteria, schematics
and/or track charts that support the
development of PE; work that can be
funded in conjunction with developing
PE, such as operations modeling,
surveying, project work/management
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plans, preliminary cost estimates, and
preliminary project schedules;
completion of environmental review;
and completion of applicable project
management documentation (such as a
project management plan, schedule,
capital cost estimate, and financial
plan). Project Development projects
funded under this NOFO must first
demonstrate completion of Project
Planning elements prior to Project
Development funds being awarded and
be sufficiently developed when
complete to support FD or Construction
activities.
iii. Track 3—FD/Construction: Track 3
consists of projects for eligible FD and
Construction activities. Applicants must
complete all necessary Planning and
Project Development stages, including
PE and NEPA requirements, prior to
moving to the FD/Construction stage of
a project. FD activities may include
completion of the FD documentation,
acquisition of right-of-way,19 resolving
remaining uncertainties or risks
associated with changes to the design
and scope of the Capital Project;
addressing procurement processes; and
updating/completing the applicable
project management documentation
(such as a Project Management Plan,
schedule, capital cost estimate, and
financial plan).20 Construction activities
may include physical construction and
installation of the capital project,
including procurement and
manufacturing of vehicles and
equipment, project administration,
testing of equipment (e.g., signal
equipment and rolling stock), systems
integration testing, workforce training,
system certification, procurement of
insurance, provision of warrantees, prerevenue service, and start-up testing.
Prior to obligation, applicants selected
for funding for FD/Construction must
demonstrate completion of applicable
Systems Planning and Project Planning
and Project Development activities,
consistent with FRA’s Capital Projects
Guidance.
iv. Track 4—Research, Workforce
Development, Safety Programs, and
19 FRA will only award funds for right-of-way
(ROW)/property acquisition activities if the
proposed project also includes construction
activities consistent with the Construction Lifecycle
Stage. FRA will not fund ROW acquisition activities
independently or if proposed project only includes
pre-construction activities or Lifecycle Stages (i.e.,
Project Planning, Project Development, or Final
Design).
20 Applicants selected for funding are encouraged
to submit the following before obligation: an
updated Project Management Plan (including a
schedule, capital cost estimate, and financial plan),
as grantees will be expected to develop a Project
Management Plan under the grant agreement. See
FRA’s Capital Projects Guidance, Section V—
Project Management for additional information.
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Institutes (Non-Railroad Infrastructure):
Track 4 consists of projects not falling
within Tracks 1–3, or 5, and includes
workforce development activities,
research, safety programs or institutes
designed to improve rail safety that
clearly demonstrate the expected
positive impact on rail safety and
research, development and testing to
advance innovative rail projects.
Sufficient detail must be provided on
what the project will accomplish, over
what duration as well as the applicant’s
capability to achieve the proposed
outcomes. Funding under this track may
be sought for projects extending over
multiple fiscal years. Examples include
initiatives for improving rail safety,
training, preparation of hazardous
materials emergency plans, trespass
enforcement activities, and outreach
campaigns resulting in trespasser
deterrence and prevention. Applicants
with proposed projects at the FRA
Transportation Technology Center
(TTC), located in Pueblo, Colorado,
must demonstrate there is appropriate
participation from relevant
stakeholders, at the time of application.
v. Track 5—Deployment of Magnetic
Levitation Transportation Projects:
Track 5 consists of eligible projects that
(1) involve a segment or segments of a
high-speed ground transportation
corridor; (2) result in an operating
transportation facility that provides a
revenue producing service; (3) are
approved by the Secretary based on an
application submitted to the Secretary
of Transportation by a State or authority
designated by one or more States.
Eligible project costs are: (1) The capital
cost of the fixed guideway infrastructure
of a Maglev project including land
acquisition, support structures,
guideways, propulsion equipment and
other components attached to
guideways, power distribution facilities
(including substations), control and
communications facilities, access roads,
and storage, repair, and maintenance
facilities and (2) preconstruction
planning activities. Eligible project costs
exclude new stations and rolling stock,
as well as costs incurred solely for land
or right-of-way acquisition (even if such
acquisition is to secure future
operational right-of-way). Applicants
applying under Track 5 will be
evaluated under the additional Maglev
Grants Program criteria, even if also
applying for CRISI Program funding.
Please see section E(2)(b) for further
details.
d. Rural Project
FRA will consider a project to be in
a Rural Area if all or the majority of the
project (determined by geographic
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22213
location(s) where the majority of the
project funds will be spent) is located in
a Rural Area. However, in the event
FRA elects to fund a component of the
project, then FRA will reevaluate
whether the project is in a Rural Area.
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 for the application to be
reviewed by FRA. An applicant that
fails to submit all required
documentation prior to the closing
period of the notice may have its
application deemed incomplete and will
not advance to evaluation review. See
section D(2) for the required documents
and information for an application
package. FRA welcomes the submission
of additional relevant supporting
documentation, such as planning,
engineering, and design documentation,
and letters of support from partnering
organizations, which will not count
against the Project Narrative 25-page
limit.
1. Address To Request Application
Package
Applicants may access application
materials at https://www.Grants.gov and
must submit all application materials in
their entirety through https://
www.Grants.gov no later than 11:59 p.m.
EST, on May 28, 2024. Applicants must
complete an Authorized Organization
Representative (AOR) profile on
www.Grants.gov and create a username
and password. Additional information
about the registration process is
available at: https://www.grants.gov/
applicants/applicant-registration.
Applicants are strongly encouraged to
apply early to ensure that all materials
are received before the application
deadline. FRA reserves the right to
modify this deadline. General
information for submitting applications
through Grants.gov can be found at:
https://www.fra.dot.gov/Page/P0270.
FRA is committed to ensuring that
information is available in appropriate
alternative formats to meet the
requirements of persons who have a
disability. If you require an alternative
version of files provided or paper copies
of materials, please contact Ms. Laura
Mahoney, Office of the Chief Financial
Officer, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590;
email: laura.mahoney@dot.gov; or
telephone: 202–578–9337.
The E-Biz point of contact (E-Biz
POC) at the applicant’s organization
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must respond to the registration email
from Grants.gov and login at
www.Grants.gov to authorize the
applicant as the AOR. Please note there
can be more than one AOR for an
organization.
If an applicant has difficulty at any
point during this process, please call the
Grants.gov Customer Center Hotline at
1–800–518–4726, 24 hours a day, 7 days
a week (closed on Federal holidays). For
information and instructions on each of
these processes, please see instructions
at: https://www.grants.gov/support.
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.
Applications that are not submitted on
time or do not contain all required
documentation will not be considered
for funding. To support the application,
applicants may provide additional
relevant and available optional
supporting documentation that may
have been developed by the applicant,
especially such documentation that
provides evidence of completion of the
appropriate Lifecycle Stage(s) of a
Capital Project. Additionally, applicants
selected to receive funding must satisfy
the requirements in 49 U.S.C. 22905,
including FRA’s Buy America
requirement and conditions explained
in part at https://www.fra.dot.gov/page/
P0185 and further in section F.2 of this
notice. Required documents and
information for an application package
include the following:
NOFO section
for guidance
Application information
Project Narrative .........................................................................................................................................................................................................
Statement of Work ......................................................................................................................................................................................................
Benefit-Cost Analysis ..................................................................................................................................................................................................
Environmental Compliance Documentation ................................................................................................................................................................
Draft Agreement required under 49 U.S.C. 22905(c)(1), if applicable .......................................................................................................................
SF 424—Application for Federal Assistance 21 ..........................................................................................................................................................
SF 424A—Budget Information for Non-Construction or SF 424C—Budget Information for Construction .................................................................
SF 424B—Assurances for Non-Construction or SF 424D—Assurances for Construction ........................................................................................
FRA’s F 30—Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying.
FRA F 251—Applicant Financial Capability Questionnaire ........................................................................................................................................
SF LLL—Disclosure of Lobbying Activities, if applicable ............................................................................................................................................
a. Project Narrative
This section describes the minimum
content the applicant is required to
provide in the Project Narrative section
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 Summary .................
III. Grant Funds, Sources and
Uses of Project Funds.
See D.2.a.i.
See D.2.a.ii.
See D.2.a.iii.
IV. Applicant Eligibility Criteria.
V. Project Eligibility Criteria ..
VI. Detailed Project Description.
VII. Project Location ................
VIII. Evaluation and Selection
Criteria.
IX. Project Implementation
and Management.
See D.2.a.iv.
See D.2.a.v.
See D.2.a.vi.
See D.2.a.vii.
See D.2.a.viii.
See D.2.a.ix.
The applicant must provide the
content listed above in a narrative
statement. The Project Narrative may
not exceed 25 pages in length
(excluding cover pages, table of
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Source(s) of Proposed Non-Federal Match ......................................................................................................
Total Project Cost ..............................................................................................................................................
Was a Federal Grant Application Previously Submitted for this Project? ....................................................
City(ies), County(ies), State(s) Where the Project is Located .........................................................................
Is the Project Located in a Rural Area? ...........................................................................................................
Congressional District(s) Where the Project is Located ..................................................................................
Application Track(s) proposed to be funded by this NOFO?
Lifecyle Stage(s) proposed to be funded by this NOFO?
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requested in the Project Narrative and Statement of
Work documents, including the breakdown of
Federal and Non-Federal sources. For applications
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See D.2.b.ix.
See D.2.b.x.
contents, and supporting
documentation). When 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 ................................................................................................................................................
Amount of CRISI Program Funding Requested under this NOFO ................................................................
Amount of Proposed Non-Federal Match ........................................................................................................
Other Sources of Federal funding, if applicable .............................................................................................
21 The amount requested from the CRISI program
on the SF–424 is the official record of request, and
therefore must be consistent with the amount
See D.2.a.
See D.2.b.i.
See D.2.b.ii.
See D.2.b.iii.
See D.2.b.iv.
See D.2.b.v.
See. D.2.b.vi.
See D.2.b.vii.
See D.2.b.viii.
$:
$:
Provide funding
amount.
$:
source
and
$:
Yes/No. If yes, please specify the
program, funding year and
project title of the previous application, and identify any differences between the applications.
Yes/No.
with discrepancies, FRA will defer to the funding
amount in the SF–424.
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Current Lifecycle Stage and Anticipated completion of current Lifecycle Stage?
Is the Project located on real property owned by someone other than the applicant? ................................
Host Railroad/Infrastructure Owner(s) of Project Assets;
Other impacted Railroad(s) ..............................................................................................................................
Tenant Railroad(s), if applicable ......................................................................................................................
If applicable, is a 49 U.S.C. 22905-compliant Railroad Agreement executed or pending? .........................
Is the project currently programmed in ANY medium- or long-range planning document: For example,
State rail plan, or interregional intercity passenger rail systems planning study, State Freight Plan,
TIP, STIP, MPO Long Range Transportation Plan, State Long Range Transportation Plan, etc.?.
Is the project located on a potential corridor selected for the Corridor Identification and Development
Program? 22.
Is this a project eligible under 49 U.S.C. 22907(c)(2) that supports the development of new intercity
passenger rail service routes including alignments for existing routes?.
Is this a project eligible under 49 U.S.C. 22907(c)(11) that supports the development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities?.
If YES to the previous question, is this project located in a county identified in FRA’s National Strategy to Prevent Trespassing on Railroad Property?.
Is the application seeking consideration for funding under the Maglev Grants Program? ..........................
ii. Project Summary: Provide a brief 4–
6 sentence summary of the proposed
project. Include challenges the proposed
project aims to address and summarize
the intended outcomes and anticipated
benefits that will result from the
proposed project.
iii. Grant Funds, Sources and Uses of
Project Funds:
Project budgets should show how
different funding sources will share in
each activity and present the data in
dollars and percentages. The budget
should identify other Federal funds the
applicant is applying for, has been
awarded, or intends to use. Funding
sources should be grouped into three
categories: non-Federal, CRISI request,
and other Federal with specific amounts
for each funding source. As shown in
the table format below, the applicant
should indicate the amount in dollars
and percentages of CRISI or Maglev
Grants Program funding requested, the
Task #
amount of non-Federal match, source(s)
for all non-Federal match,23 other
Federal funds (if applicable), and the
total project cost. FRA may not award
more funding for a project than is
requested in an application. The
applicant should itemize funding by
project Lifecycle Stage(s) and by project
activity. For a Major Project, applicants
are encouraged to provide an
annualized budget in year of
expenditure dollars. Project budget
information must be consistent
throughout all application materials,
specifically the Standard Form (SF) 424,
Project Narrative, Statement of Work,
and funding commitment letters.24 The
project budget should be specific to the
project scope described in the
applicant’s request for funding under
this NOFO. If the project proposed to be
funded under this NOFO is part of a
larger scope, the applicant may
reference the larger scope in the Project
Task name/project component
22215
If yes, list real property owners
and the nature of the property
interest.
Yes/No/Pending.
Yes/No, and if yes, specify.
Yes/No, if yes, specify the corridor(s).
Yes/No.
Yes/No.
Yes/No.
Yes/No.
Narrative but should only include the
project scope proposed to be funded
under this NOFO within the budget
table.
If applicable, the applicant should
explain if the CRISI Program request or
other funds must be obligated or spent
by a certain date.
If applicable, the applicant should
provide the type and estimated value of
any proposed in-kind contributions, as
well as explain how the contributions
meet the requirements in 2 CFR
200.306. If the applicant is requesting
set-aside funds per section B(1), identify
the dedicated activities and amount
requested within the budget table.
Example Project Funding Table:
Applicants may use the following table
to describe project funding, and may use
additional rows and columns, or
additional project funding tables, as
appropriate.
Cost
Percentage
of total cost
Source of funds
and citation,
as applicable
1.
2.
Total Project Cost.
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Federal Funding Requested in
this Application (CRISI Program Request).
22 For more information about selected Corridors
under the Corridor Identification Program, please
visit: https://railroads.dot.gov/elibrary/fy22-CIDprogram-selections.
23 Applicants should submit evidence of the
availability of Non-Federal funds, which may
include a board resolution, letter of support from
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the State, a budget document highlighting the line
item or section committing funds to the proposed
project. The applicant may provide this
documentation in an appendix. Documentation of
previous and recent local investments in the project
may evidence of local financial commitment
project, but cannot be used to satisfy non-Federal
matching requirements. Any funding commitment
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letters must be signed by an authorized
representative of the entity providing a Non-Federal
match.
24 If there is a discrepancy between materials,
FRA will defer to the funding amounts shown in
the applicant’s SF 424 as the amount requested for
funding.
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Task #
Task name/project component
Cost
Non-Federal Funding (State) .....
Cash: ..............................................................................................
In-Kind:
Non-Federal Funding (Private
Sector).
Cash: ..............................................................................................
In-Kind:
Non-Federal Federal Funding
(Local).
Cash: ..............................................................................................
In-Kind:
Percentage
of total cost
Source of funds
and citation,
as applicable
Other Committed Federal Funding 25 (e.g., Federal Highway
Administration, congressionally directed/earmark, other
FRA grant program funds—including previous CRISI grants,
etc.).
Note: If there are multiple
sources of other federal funding, please break funding
down by each source.
Other Pending Federal Funding
Requests 26.
Amount (if any) of funding request eligible for set-aside
funds as described in section
B(1).
Portion of Total Project Costs
Spent in a Rural Area, if applicable.
For Highway-rail grade crossing
and trespass prevention
projects only. Does some or
all the proposed Non-Federal
Match for the total project cost
consist of preliminary engineering costs incurred before
project selection (but after November 15, 2021)? 27.
If yes, how much?
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iv. Applicant Eligibility Criteria: In
this section, the applicant must explain
how it meets the applicant eligibility
criteria outlined in section C of this
NOFO and include citations to
appropriate authorities that demonstrate
the applicant’s eligibility to receive
federal funds. For example, if the
applicant is a political subdivision of a
State, public agency or publicly
chartered authority established by one
or more States, the applicant should
provide relevant legislative language,
including citations to the applicable
enabling legislation, that demonstrate
the applicant’s legal status. Applicants
that fail to adequately demonstrate their
legal status may be found ineligible and
their application will not be reviewed.
25 For
other Federal funding sources proposed as
match, the applicant should explain why the
Federal funds are eligible as match and the legal
basis for that determination.
26 For other Federal funds that will be used for
the project, the applicant should identify the
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v. Project Eligibility Criteria: Explain
how the proposed project meets the
project eligibility criteria in section C(3)
of this NOFO.
vi. Detailed Project Description: In
this section, the applicant must provide
a detailed project description that
expands upon the brief project
summary. This detailed description
should provide, at a minimum:
additional background on the challenges
the project aims to address; a summary
of current and proposed railroad
operations in the project area and
service frequency, which should
include identification of all railroad
Federal program and fiscal year of the funding
request(s), as well as highlight new or revised
information in the application responsive to this
NOFO that differs from the application(s) to other
financial assistance programs.
27 If seeking to use Preliminary Engineering costs
as match for a Highway-Rail Grade Crossing
Improvement Project or trespassing prevention
projects, please identify the costs incurred before
project selection (but after November 15, 2021).
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owners and operators; typical daily,
weekly, or annual train counts by
operator; the primary expected project
outcomes such as increased safety
outcomes or reduced delays, improved
rail network asset condition and
performance, or similar outcomes and
benefits; the expected users and
beneficiaries of the project, including all
railroad operators; the specific
components and elements of the project;
and any other information the applicant
deems necessary to justify the proposed
project. For all projects, applicants must
provide information about proposed
performance measures, as described in
section F(3) and required in 2 CFR
200.301.
(A) Grade crossing information, if
applicable: For any project that includes
grade crossing components, applicants
must provide the following information
for each grade crossing to be addressed
in the application. The following table
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format can be used within the Project
Narrative or, if more space is needed, in
a separate, unlocked Excel file
attachment (the table will not count
against the 25-page Project Narrative
page limit):
1. US DOT grade crossing inventory
number (for projects involving pathwayrail grade crossings that do not have US
DOT grade crossing inventory numbers
or data, applicants should provide as
much locational data as possible); 28
US DOT grade crossing inventory
#
Proposed improvement
2. The proposed improvement
requested in the application, using
‘‘new, separated, closed or improved’’
(such as gate additions, lights, etc.) to
describe proposed improvement;
3. The operator(s) (i.e., the entity(ies)
that operates on the railroad right-ofway);
4. The property owner (i.e., the
entity(ies) which own the underlying
property or right-of-way;
Rail operator(s)
Railroad owner
22217
5. The infrastructure owner (i.e., the
entity that owns the infrastructure
within the railroad right-of-way); and
6. The grade crossing location latitude
and longitude coordinates, expressed
with at least five decimal places of
precision.29
Example Table 1. In Project Narrative
or attached as an appendix in unlocked
Excel file format:
Latitude coordinates
(at least five decimal places of
precision)
Longitude
coordinates
(at least five decimal places of
precision)
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* Example Table 1: Grade Crossing Information for Proposed Project.
In addition, if applicable, applicants
should provide the page number in the
State Highway-Rail Grade Crossing
Action Plan where the grade crossing is
referenced. Applicants should specify
whether the project will result in the
elimination of one or more grade
crossings through grade separation or
otherwise.
(B) Heavily traveled rail corridor
information, if applicable: For any
project eligible under the eligibility
category that reduces congestion and
facilitates ridership growth in Intercity
Passenger Rail Transportation,
applicants must describe how the
project is located on a heavily traveled
rail corridor.
(C) PTC information, if applicable: For
any project that includes deploying
PTC, applicants must: (1) document
submission of a Positive Train Control
Implementation Plan (PTCIP) to FRA
pursuant to either 49 U.S.C. 20157(a) or
49 CFR part 236, subpart I (FRA’s PTC
regulations); (2) document that it is a
tenant on one or more host railroads
that submitted a PTCIP to FRA; or (3)
document how the proposed project
will assist in the deployment (i.e.,
installation and/or full implementation)
of PTC, including whether the PTC
technology is being implemented
voluntarily or pursuant to the statutory
mandate for certain main lines.
(D) Workforce development and
training information, if applicable: For
any project that includes workforce
development, applicants must
document to the extent practicable
similar existing local training programs
supported by the Department of
Transportation, the Department of
Labor, and/or the Department of
Education. The applicant must also (a)
describe whether the workforce
development project incorporates union
representation, and (b) describe any
involvement or partnership with
existing in-house skills training
programs, unions and worker
organizations, community colleges and
public school districts, communitybased organizations, supportive services
providers, pre-apprenticeships tied to
registered apprenticeships, registered
apprenticeship programs and other
labor-management training programs, or
other quality workforce training
providers. Applicants are strongly
encouraged to outline their plan to
recruit, train, and retain a locally hired,
diverse workforce.
(E) Trespassing injury and fatality
prevention and reduction, if applicable:
Provide documentation indicating
whether the project is located in a
county(ies) with high pedestrian
trespasser casualties, as identified in
FRA’s National Strategy to Prevent
Trespassing on Railroad Property,
whether the applicant has incorporated
the Community Trespass Prevention
Program 30 into their project approach,
whether and how law enforcement
agencies will undertake trespass
enforcement activities as part of a larger
strategy, whether the project would
include funding for law enforcement
wages to undertake trespass
enforcement activities,31 and how and
whether the project targets hot spots
identified by geospatial data. If the
project includes an outreach campaign
to reduce suicide by railroad, applicants
must provide a detailed description of
the proposed outreach campaign,
including (but not limited to) relevant
data on rail-related suicides in the
project location, the manner and extent
to which trespass suicide is expected to
be reduced, and examples of prior
efforts to address rail-related suicide.
(F) Emissions reductions information,
if applicable: For any projects involving
rehabilitating, remanufacturing,
procuring, or overhauling locomotives
resulting in significant reduction of
emissions, identify the number of
locomotives that will be procured,
replaced, or retired. Also, describe the
28 To find US DOT grade crossing inventory
number(s) and location(s) please see https://
railroads.dot.gov/safety-data/fra-safety-datareporting/crossing-inventory-data-search.
Applicants are encouraged to review and reference
safety data including the most recent 5-year history
of highway-rail crossing incidents relevant to their
project on FRA’s public safety website: https://
safetydata.fra.dot.gov/OfficeofSafety/publicsite/
crossing/crossing.aspx or https://data.
transportation.gov/dataset/Highway-Rail-Grade-
Crossing-Accident-Data-Form-57-/aeeh-bp8c/
explore.
29 For example, if a project was proposed to take
place at the Department of Transportation
Headquarters in Washington, DC then the reported
latitude should be 38.87589 and the longitude
should be reported as¥77.00337.
30 The Community Trespass Prevention Program
is a problem-solving model designed to provide a
step-by-step approach for dealing with trespassing
issues in communities. For more information, see
https://railroads.dot.gov/sites/fra.dot.gov/files/fra_
net/1265/USCommunityTrespassPreventionGuide_
2010F%282-29%29.pdf.
31 Funding for law enforcement activities is
limited to hourly wages for law enforcement
officials to undertake enforcement activities at areas
that demonstrate a rail trespassing problem in their
community on FRA-regulated track. The hourly rate
for law enforcement officers performing
enforcement activities should be limited to the
officer’s regular and overtime wage rate (e.g. 1.5
times the base rate).
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anticipated emissions reductions earned
and fuel saving estimates. FRA has
developed the Locomotive Emissions
Comparison Tool, which applicants may
use to calculate locomotive emissions
reductions. The Tool is available at:
https://railroads.dot.gov/elibrary/fralocomotive-emissions-comparison-tool.
(G) Community Emergency Plans, if
applicable: For projects involving the
preparation of emergency plans for
communities through which hazardous
materials are transported by railroad,
include commitments for coordination
by stakeholders including
representatives from the chemical
manufacturing industry, distributors,
shippers, railroads (and other
transportation industry and supply
chain representatives), emergency
response providers (including
firefighters, emergency medical
technicians hazmat employees, and law
enforcement) and federal, state and local
governments. Based on information
provided by the transporting railroads,
identify the hazardous materials
transported through the relevant
community by hazard class as defined
in 49 CFR 173.2. Proposed plans should
address all such hazardous materials
and may include rationales for focusing
on certain hazardous materials if
appropriate. Include the emergency
types planned for and the approach for
developing and communicating the
plan. Include a description of proposed
training, including frequency (funding
may be sought for projects extending
multiple years) and attendees and any
required materials.
(H) Maglev Grants Program Magnetic
Levitation Transportation Projects, if
applicable. Applicants must provide a
detailed description of the project,
which should include, at a minimum:
background on the current
transportation challenges the project
aims to address, the expected users,
beneficiaries, and outcomes of the
project, and any other information the
applicant deems necessary to justify the
proposed project. Applicants should
provide specific information regarding
the relevance or relationship of the
proposed project to other investments in
the region along the corridor, as well as
the operating changes that are
anticipated to result from the
introduction and integration of Maglev
services within existing transportation
corridors and assess the major risks
(including safety risks and energy
consumption) or obstacles to Maglev’s
successful deployment and operation.
Provide information on the variety of
operating conditions that would be
expected for the project area, which may
include, for example, a variety of at-
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grade, elevated and depressed guideway
structures; extreme temperatures; or
intermodal connections at terminals.
Provide a detailed summary of all work
completed to date, including any
preliminary engineering work, the
project’s previous accomplishments and
funding history including Federal
financial assistance, and a chronology of
key documents produced and funding
events (e.g., grants and financing). The
applicant should specify whether they
are 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.
vii. Project Location: Applicants must
include geospatial data for the project,
as well as a map of the project’s
location. Geospatial data must be
expressed in decimal degrees for
latitude and longitude with at least five
decimal places of precision. If the
project includes a length of track or
corridor development, the start and end
coordinates for each corridor or segment
must be provided. Milepost, railroad,
and subdivision identifiers can also be
provided but must be accompanied by
corresponding latitudes and longitudes.
For projects with multiple locations, the
corresponding geospatial data must be
included for each location, with
individual columns for latitude and
longitude, in table form as an
attachment to the application. On the
map, include the Congressional districts
in which the project will take place.
viii. Evaluation and Selection Criteria:
The applicant must include a thorough
discussion of how the proposed project
meets the evaluation and selection
criteria. As described in section E, FRA
will evaluate applications based on
project readiness, technical merit and
project benefits, and will consider how
the applicant’s project aligns with the
Administration Priorities. If an
application does not sufficiently address
the evaluation criteria and the selection
criteria, it is unlikely to be a competitive
application. Applicants are expected to
follow the directions and format
requested in this NOFO, and adherence
to these directions will be considered in
evaluations. Applicants are encouraged
to include quantifiable railroad data,
such as information on delay, failure or
safety incidents, daily train movement,
or similar metrics, and should include
qualitative data on accessibility
improvements to either new or existing
assets. To the extent feasible, such
railroad metrics should be provided and
analyzed discretely for intercity
passenger rail and, if applicable,
commuter rail passenger transportation
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and freight rail transportation services
involved in the proposed project. For
more information on performance
metrics see FRA’s Metrics and
Minimum Standards for Intercity
Passenger Rail Service, available at:
https://railroads.dot.gov/elibrary/
metrics-and-standards-final-rulenovember-16-2020.
xiii. Project Implementation and
Management: Applicants must describe
proposed project implementation and
project management arrangements.
Include descriptions of the expected
arrangements for project contracting
(construction, maintenance and
operation), contract oversight and
control, change-order management, risk
management, and conformance to
Federal requirements for project
progress reporting (see FRA Reports,
available at: https://www.fra.dot.gov/
Page/P0274). Further, applicants must
provide their plan for taking affirmative
steps to employ small businesses
consistent with 2 CFR 200.321. Describe
experience in managing and overseeing
similar projects; the technical
qualifications and demonstrated
experience of key personnel proposed to
lead and perform the technical efforts;
and the qualifications of the primary
and supporting organizations to fully
and successfully execute the proposed
project within the proposed timeframe
and budget, including a discussion of
the factors in 2 CFR 200.206(b) and the
proposed approach to assessing and
mitigating project risk.
b. Additional Application Elements
Applicants must submit the following
documents and forms. Note, the
Standard OMB Forms needed for the
electronic application process are
available at: www.Grants.gov.
i. A Statement of Work (SOW)
addressing the scope, schedule, budget,
and performance measures for the
proposed project if it were selected for
award. The applicant should include
sufficient detail in the SOW so FRA 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 are expected to
include Articles 4–7 of Attachment 2:
Project Specific Terms and Conditions,
at a minimum.32 Applications that do
not follow this format may be
considered incomplete and may not be
reviewed.
When preparing the budget, the total
cost of a project must be based on the
32 https://railroads.dot.gov/grants-loans/fradiscretionary-grant-agreements.
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best available information as indicated
in cited references that include
engineering studies, economic
feasibility studies, environmental
analyses, and information on the
expected use of equipment or facilities.
Applicants must include annual budget
estimates in year of expenditure dollars
for the duration of the project.
ii. A Benefit-Cost Analysis (BCA), as
an appendix to the Project Narrative, for
each project described in the
application. A Benefit-Cost Analysis is
required for all CRISI program
submissions. The BCA must
demonstrate in economic terms the
merits of investing in the proposed
project. Estimates of benefits should be
presented in monetary terms whenever
possible; if a monetary estimate is not
possible, the applicant should provide a
quantitative estimate (in physical, nonmonetary terms, such as crash or
employee casualty rates, ridership
estimates, emissions levels, energy
efficiency improvements, etc.). The BCA
for Track 1 Planning and Track 2 Project
Development projects should be for the
underlying project, not the planning or
PE/NEPA work itself. The Project
Narrative should summarize the
project’s benefits, and should draw from
the BCA, as necessary, for quantitative
support.
Benefits may apply to existing and
new rail users, as well as users of other
modes of transportation. In some cases,
benefits may be applied to populations
in the general vicinity of the project
area. Improvements to multimodal
connections and shared-use rail
corridors may benefit all users involved.
Benefits may be quantified for savings
in safety costs, reduced costs from
disruption of service, maintenance
costs, reduced travel time, emissions
reductions, and increases in capacity or
ability to offer new types of freight or
passenger services. Applicants may also
describe other categories of benefits that
are difficult to quantify such as noise
reduction, environmental impact
mitigation, improved quality of life, or
reliability of travel times. All benefits
claimed for the project must be clearly
tied to the expected outcomes of the
project. Please refer to the Benefit-Cost
Analysis Guidance for Discretionary
Grant Programs prior to preparing a
BCA, available at: https://
www.transportation.gov/office-policy/
transportation-policy/benefit-costanalysis-guidance. In addition, please
also refer to FRA’s BCA FAQs for some
rail-specific examples of how to apply
the BCA Guidance for Discretionary
Grant Programs to CRISI funding found
here: https://railroads.dot.gov/sites/
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fra.dot.gov/files/fra_net/19011/BCA_
FAQ_updated_Sept2019.pdf.
iii. Environmental compliance
documentation, as applicable, if a
website link to such documentation is
not provided in the Project Narrative.
Applicants should explain what
Federal (and, if appropriate, State,
Tribal, and local) environmental
compliance and permitting
requirements have been completed.
Such requirements include NEPA and
other Federal, Tribal, local, and State
environmental permitting requirements,
if applicable. For all other Federal,
State, Tribal, and local permitting
requirements, the applicant should
describe which permits apply, the status
of those reviews, and the expected
timeline for completion. If the NEPA
process is complete, an applicant
should indicate the date of completion,
and provide a website link or other
reference to the documents
demonstrating compliance with NEPA,
which might include a final Categorical
Exclusion determination
documentation, Finding of No
Significant Impact, or Record of
Decision. If the NEPA process is not yet
underway, the application should state
this. If the NEPA process is underway,
but not complete, the application
should detail the type of NEPA review
underway, where the project is in the
process, and indicate the anticipated
date of completion of all NEPA and
other environmental requirements.
Additional information regarding FRA’s
environmental processes and
requirements is located at https://
fra.dot.gov/environment.
iv. Draft or finalized agreement
required under 49 U.S.C. 22905(c)(1), if
applicable. Provide information about
the status of agreements with
infrastructure owners. FRA encourages
early cooperation between applicants
and any relevant infrastructure owners.
Under section 22905(c)(1), a grant
applicant must have entered into a
written agreement with a railroad that
owns rights-of-way to be used by the
project (referred to as the 22905
Agreement) prior to grant obligation. If
the agreement is complete at the time of
the application, an applicant should
indicate the agreement’s effective date,
and provide a website link or attach the
agreement as part of the application.
Applicants are also encouraged to
provide draft agreements. The written
agreement between the grantee and the
railroad should describe use and
ownership, including any compensation
for such use; assurances regarding the
adequacy of infrastructure capacity to
accommodate both existing and future
freight and passenger operations; an
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assurance by the railroad that collective
bargaining agreements with the
railroad’s employees including terms
regulating the contracting of work will
remain in full force and effect according
to their terms for work performed by the
railroad on the railroad transportation
corridor; and an assurance that the
grantee complies with liability
requirements consistent with 49 U.S.C.
28103. For additional guidance see the
FRA Answers to Frequently Asked
Questions about Rail Improvement
Grant Conditions under 49 U.S.C.
22905(c)(1): https://railroads.dot.gov/
elibrary/frequently-asked-questionsabout-rail-improvement-grantconditions-under-49-usc-ss-22905c1.
v. SF 424—Application for Federal
Assistance.
vi. SF 424A—Budget Information for
Non-Construction or SF 424C—Budget
Information for Construction.
vii. SF 424B—Assurances for NonConstruction or SF 424D—Assurances
for Construction.
viii. 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.
ix. FRA F 251—Applicant Financial
Capability Questionnaire, located at
https://railroads.dot.gov/elibrary/fra-f251.
x. SF LLL—Disclosure of Lobbying
Activities.
c. Post-Selection Requirements
See section F(2) of this notice for postselection requirements.
3. Unique Entity Identifier and System
for Award Management (SAM)
To apply for funding through
Grants.gov, applicants must be properly
registered in SAM before submitting an
application, provide a valid unique
entity identifier in its application, and
continue to maintain an active SAM
registration all as described in detail
below. Complete instructions on how to
register and submit an application can
be found at www.Grants.gov. Registering
with Grants.gov is a one-time process;
however, it can take up to several weeks
for first-time registrants to receive
confirmation and a user password. FRA
recommends that applicants start the
registration process as early as possible
to prevent delays that may preclude
submitting an application package by
the application deadline. Applications
will not be accepted after the due date.
FRA may not make a grant award to
an applicant until the applicant has
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complied with all applicable SAM
requirements, and if an applicant has
not fully complied with the
requirements by the time the Federal
awarding agency is ready to make a
Federal award, the Federal awarding
agency may determine that the
applicant is not qualified to receive a
Federal award and use that
determination as a basis for making a
Federal award to another applicant. Late
applications, including those that are
the result of a failure to register or
comply with Grants.gov applicant
requirements in a timely manner, will
not be considered. If an applicant has
not fully complied with the
requirements by the submission
deadline, the application will not be
considered. To submit an application
through Grants.gov, applicants must
follow the directions below in
subsection D.
a. Register With the SAM at
www.SAM.gov
All applicants for Federal financial
assistance must maintain current
registrations in the SAM database. An
applicant must be registered in SAM to
successfully register in Grants.gov. The
SAM database is the repository for
standard information about Federal
financial assistance applicants, grantees,
and subrecipients. Organizations that
have previously submitted applications
via Grants.gov are already registered
with SAM, as it is a requirement for
Grants.gov registration. Please note,
however, that applicants must update or
renew their SAM registration at least
once per year to maintain an active
status. Therefore, it is critical to check
registration status well in advance of the
application deadline. If an applicant is
selected for an award, the applicant
must maintain an active SAM
registration with current information
throughout the period of the award,
including information on a grantee’s
immediate and highest-level owner and
subsidiaries, as well as on all
predecessors that have been awarded a
Federal contract or grant within the last
three years, if applicable. Information
about SAM registration procedures is
available at www.SAM.gov.
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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
(www.SAM.gov). This new identifier is
called the Unique Entity Identifier
(UEI), or the Entity ID. To find or
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request a Unique Entity Identifier,
please visit www.SAM.gov.
applicant’s computer or information
technology environment.
c. Create a Grants.gov Username and
Password
Applicants must complete an
Authorized Organization Representative
(AOR) profile on www.Grants.gov and
create a username and password.
Applicants must use the organization’s
UEI to complete this step. Additional
information about the registration
process is available at: https://
www.grants.gov/applicants/applicantregistration.
5. Intergovernmental Review
d. Acquire Authorization for Your AOR
From the E-Business Point of Contact (EBiz POC)
The E-Biz POC at the applicant’s
organization must respond to the
registration email from Grants.gov and
login at www.Grants.gov to authorize the
applicant as the AOR. Please note there
can be more than one AOR for an
organization.
e. Submit an Application Addressing
All Requirements Outlined in This
NOFO
If an applicant has trouble at any
point during this process, please call the
Grants.gov Customer Center Hotline at
1–800–518–4726, 24 hours a day, 7 days
a week (closed on Federal holidays). For
information and instructions on each of
these processes, please see instructions
at: https://www.grants.gov/support.
4. Submission Dates and Times
Applicants must submit complete
applications to www.Grants.gov no later
than 11:59 p.m. ET, May 28, 2024.
Applicants will receive a systemgenerated acknowledgement of receipt.
FRA reviews www.Grants.gov
information on dates/times of
applications submitted to determine
timeliness of submissions. Late
applications will be neither reviewed
nor considered, no exceptions. To apply
for funding under this announcement,
all applicants are required to be
registered as an organization with
Grants.gov. Applicants are strongly
encouraged to apply early to ensure all
materials are received before this
deadline.
To ensure fair competition for limited
discretionary funds, no late submissions
will be reviewed for any reason,
including: (1) failure to complete the
Grants.gov registration process before
the deadline; (2) failure to follow
Grants.gov instructions on how to
register and apply as posted on its
website; (3) failure to follow all the
instructions in this NOFO; and (4)
technical issues experienced with the
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Intergovernmental Review is required
for this program. Applicants must
contact their State Single Point of
Contact to comply with their state’s
process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as
applicable, FRA will only approve preaward costs 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.33 Under 2 CFR 200.458, grant
recipients must seek written approval
from FRA for pre-award activities to be
eligible for reimbursement under the
grant. Activities initiated prior to the
execution of a grant or without FRA’s
written approval may be ineligible for
reimbursement or matching
contribution. Cost sharing or matching
may be used only for authorized Federal
award purposes.
Applicants may count costs incurred
for Preliminary Engineering costs on
highway-rail grade crossing projects, as
described in 49 U.S.C. 22907(c)(5), and
trespassing prevention projects, as
described in 49 U.S.C. 22907(c)(11), as
part of the total project costs. Such costs
are eligible as non-Federal share or
reimbursement, even if they were
incurred before project selection for
award, consistent with 49 U.S.C.
22907(h)(4). Such costs must have been
incurred no earlier than November 15,
2021, and must be otherwise compliant
with 2 CFR part 200 and the
requirements of this NOFO.
7. Other Submission Requirements
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.
33 For more information on pre-award costs, see
FRA Answers to Frequently Asked Questions about
Pre-Award Authority, available at: https://
railroads.dot.gov/elibrary/federal-railroadadministration-answers-frequently-asked-questionsabout-pre-award.
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E. Application Review Information
1. Criteria
a. Eligibility and Completeness
FRA will first screen each application
for applicant and project eligibility
(eligibility requirements are outlined in
section C of this NOFO), completeness
(application documentation and
submission requirements are outlined in
section D of this NOFO), and the 20
percent minimum non-Federal match.
b. Evaluation Criteria
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FRA will evaluate all eligible and
complete applications using the
evaluation criteria outlined in this
section to determine project readiness,
technical merit, and project benefits.
i. Project Readiness:
In evaluating Project Readiness, FRA
will evaluate project and applicant risk
based on the applicant’s preparedness
and capacity to implement the proposed
project, including whether the applicant
is reasonably equipped to begin the
capital or planning project in a timely
manner to meet its proposed schedule.
FRA will evaluate whether the applicant
is able to meet project milestones and
use Federal funds efficiently to deliver
the proposed project.34
FRA will evaluate the application for
the degree to which—
(A) The application demonstrates
strong project readiness, evidenced by
status of required NEPA actions and
environmental permitting readiness (if
applicable);
(B) The status and timeline of
agreements, such as an agreement
required under 49 U.S.C. 22905(c)(1),
necessary for the legal, financial, and
technical capacity to complete the
project as proposed, are sufficiently
developed;
(C) The application identifies the
appropriate Lifecycle Stage(s) for the
proposed project, demonstrates that the
project has completed or will complete
any preceding Lifecycle Stage(s), and
the project is able to complete all
requirements of the identified Lifecycle
Stage(s); and
(D) Project partner coordination and
commitments, including letters of
support, agreements, and funding, are
34 Additional information on DOT’s Project
Readiness checklist can be found here: https://
www.transportation.gov/grants/dot-navigator/
project-readiness-checklist-dot-discretionary-grantapplicants.
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secured or able to be secured without
undue delay.
ii. Technical Merit:
In evaluating Technical Merit, FRA
will evaluate the degree to which the
application, statement of work, schedule
and budget are reasonable and
appropriate to achieve the expected
outcomes, commitment of necessary
resources and workforce to deliver the
project, and the proposed project
elements are appropriate for the project
funding request. FRA will also consider
applicant risk, including the applicant’s
past performance in developing and
delivering similar projects.
FRA will evaluate application
information for the degree to which—
(A) The tasks and subtasks outlined in
the statement of work (SOW) are
appropriate to achieve the expected
outcomes of the proposed project;
(B) The technical qualifications and
experience of key personnel the
applicant proposes to lead and perform
the technical efforts, including the
qualifications of the primary and
supporting organizations, demonstrates
the ability to fully and successfully
execute the proposed project within the
proposed time frame and budget;
(C) The proposed project’s business
plan considers potential private sector
participation in the financing,
construction, or operation of the
proposed project.
(D) The applicant has, or will have,
the legal, financial, and technical
capacity to carry out the proposed
project; satisfactory continuing control
over the use of the equipment or
facilities; and the capability and
willingness to maintain the equipment
or facilities.
(E) The degree to which the applicant
and project deploy innovative
technology, encourage innovative
approaches to project delivery, and
incentivize the use of innovative
financing.
(F) The proposed project is consistent
with planning guidance and documents
set forth by DOT, including those
required by law or State rail plans
developed under title 49, United State
Code, chapter 227.
For projects identified as Deployment
of Magnetic Levitation Transportation
Projects (Track 5), FRA will also
evaluate application information for the
degree to which—
(A) The project would feasibly
integrate Maglev systems with
conventional rail systems, such as
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establishing efficient connections and
transfers.
(B) The funds awarded under this
section would result in investments that
are beneficial not only to the Maglev
project, but also to other current or nearterm transportation projects.
(C) The project demonstrates: (a) The
potential for public-private partnerships
and (b) that the project will stand alone
as a complete, self-sustaining operation
where fully allocated operating
expenses of the Maglev service are
projected to be offset by revenues
attributable to the service.
(D) The financial commitment to the
construction of the proposed project
from both non-Federal public and
private sources is demonstrated.
(E) The project demonstrates
coordination and consistency with any
applicable ongoing or completed
environmental and planning studies for
passenger rail on or connecting to the
geographic route segment being
proposed for Maglev investment.
(F) The project will successfully
operate in the variety of Maglev
operating conditions which are to be
expected in the United States.
(G) The project may feasibly be
capable of safe use by the public at a
speed in excess of 240 miles per hour.
iii. Project Benefits:
FRA will evaluate the Benefit-Cost
Analysis and as well as the project
benefits of the proposed project for the
anticipated private and public benefits
relative to the costs of the proposed
project and the summary of benefits
provided in the narrative and in
response to subsection D.2.b.ii
including—
(A) Effects on system and service
performance;
(B) Effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
(C) Efficiencies from improved
integration with other modes; and
(D) Ability to meet existing or
anticipated demand.
For each evaluation criterion—Project
Readiness, Technical Merit and Project
Benefits—FRA will evaluate whether
the application demonstrates level of
risk or responsiveness, as applicable, as
described in the rubrics below.
For each merit criterion, FRA will use
rubric ratings with applied criteria to
evaluate whether the applications meet
the defined thresholds:
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MERIT CRITERIA RATINGS—PROJECT READINESS
For the Project Readiness Criteria described in section E(2)(a), FRA will evaluate the application’s responsiveness to the criteria, including an
assessment of supporting justifications, and assign a cumulative Project Readiness risk rating.
Unacceptable
High risk
Medium risk
Low risk
Application provides limited or no information necessary to assess the
project readiness criteria; application
does not demonstrate support,
progress, or completion of required
Lifecycle Stage(s) pre-requisites; or
application contains one or more significant barriers that would prevent
project delivery.
Application provides insufficient information to assess the project readiness criteria; application does not
demonstrate sufficient support,
progress, or completion of required
Lifecycle Stage(s) pre-requisites but
indicates risk to advancing the
project without foreseeable delays; or
application contains a barrier that
would likely prevent project delivery
in any of these areas.
Application provides sufficient information to assess the project readiness
criteria; demonstrates support,
progress, or completion on one or
more required Lifecycle Stage(s) prerequisites, but indicates some risk to
advancing the project in a timely
manner; and the application does not
contain a barrier that would likely
prevent project delivery in any of
these areas.
Application provides thorough and
complete information and evidence
to assess the project readiness criteria, and demonstrates strong support, progress, or completion on required Lifecycle Stage(s) pre-requisites, and indicates minimal risk to
advancing the project in a timely
manner; and application does not
contain a barrier that would likely
prevent project delivery in any of
these areas.
MERIT CRITERIA RATINGS—TECHNICAL MERIT
For the Technical Merit Criteria described in section E(2)(b), FRA will evaluate the application’s responsiveness to the criteria, including an
assessment of supporting justifications, and assign a cumulative technical merit rating.
Unacceptable
Acceptable
Responsive
Highly responsive
Application provides limited or no information necessary to assess the technical merit criteria, or application
demonstrates one or more significant
technical challenges that would prevent the applicant from delivering the
project.
Application contains insufficient information to assess one or more of the
technical merit criteria, or application
demonstrates technical challenges
that could affect project delivery, but
not prevent the applicant from delivering the project.
Application provides sufficient information and evidence to assess the
technical merit criteria and demonstrates that the applicant can deliver the project with minimal technical challenges.
Application provides thorough and
complete information and evidence
to assess the technical merit criteria,
and sufficiently demonstrates that the
project can be successfully delivered
by the applicant.
MERIT CRITERIA RATINGS—TECHNICAL MERIT (ONLY APPLICABLE TO APPLICATIONS THAT REQUEST FUNDING UNDER THE
MAGLEV GRANTS PROGRAM)
For projects identified as Deployment of Magnetic Levitation Transportation Projects in section E(2)(b), FRA will also evaluate the application’s
responsiveness to the criteria, including an assessment of supporting justifications, and assign a cumulative technical merit rating.
Unacceptable
Acceptable
Responsive
Highly responsive
The application provides little or no information necessary to assess the
technical merit criteria, or application
demonstrates one or more significant
technical challenges that would prevent the applicant from delivering the
project.
Application contains insufficient information to assess one or more of the
technical merit criteria, or application
demonstrates technical challenges
that could affect project delivery, but
not prevent the applicant from delivering the project.
Application provides sufficient information and evidence to assess the
technical merit criteria and demonstrates that the applicant can deliver the project with minimal technical challenges.
Application provides thorough and
complete information and evidence
to assess the technical merit criteria,
and sufficiently demonstrates that the
project can be successfully delivered
by the applicant.
MERIT CRITERIA RATINGS—PROJECT BENEFITS
For the Project Benefits Criteria described in section E(2)(c), FRA will evaluate the application’s responsiveness to the criteria, including an
assessment of supporting justifications, and assign a cumulative Project Benefits rating.
Unacceptable
Acceptable
Responsive
Highly responsive
Application provides insufficient information necessary to assess the
project benefits criteria, and does not
demonstrate that the project will
achieve its intended benefits.
The application contains limited information to assess the project benefits
criteria; or the project is not likely to
achieve all of its intended benefits.
Application provides sufficient information to assess the project benefits
criteria, and adequately demonstrates that the project will likely
achieve its intended benefits.
Application provides thorough and
complete information and evidence
to assess the project benefits criteria,
and sufficiently demonstrates that the
project will achieve its intended benefits.
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In addition to the ratings described
above, FRA will also apply the selection
preferences described in section E(3)(a)
and consider the Administration
Priorities described in section E(3)(b).
c. Selection Criteria
After completing the merit review,
FRA will apply the selection criteria
and consider the Administration
Priorities in this section.
i. FRA will give preference to eligible
projects in the following circumstances:
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(A). The project may not be addressed
by other FRA grant programs including
short line railroad infrastructure and
equipment, safety projects and
technology, workforce development,
congestion relief projects addressing
freight and passenger rail chokepoints,
and intercity passenger rail state of good
repair (on shared public-private and
publicly owned infrastructure);
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(B) The proposed Federal share of
total project costs does not exceed 50
percent; 35
(C) The net benefits of the grant funds
will be maximized considering the
Benefit-Cost Analysis, including
35 This preference applies to funds made available
by IIJA, division J. However, 49 U.S.C.
22907(e)(1)(A) does not apply to projects funded by
the 2023 Appropriation. Because the preference still
applies to the IIJA funding, FRA encourages
applicants to identify sufficient non-Federal
contribution so that the Federal share does not
exceed 50 percent.
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anticipated private and public benefits
relative to the costs of the proposed
project, and factoring in the other
considerations in 49 U.S.C.
22907(e)(2); 36 and
(D) The project is eligible under 49
U.S.C. 22907(c)(11), for the
development and implementation of
measures to prevent trespassing and
reduce associated injuries and fatalities
that are located in the top 25 counties
with the most pedestrian casualties.37 In
addition, FRA is strongly interested in
applications that incorporate a
comprehensive approach to project
development such as is described in
FRA’s Community Trespass Prevention
Program, and will prioritize selections
for those applications that involve
multiple project partners and include
infrastructure improvements in
combination with a safety program
focused on enforcement and outreach.
ii. Administration Priorities:
FRA will consider projects that
address the following key
Administration Priorities:
Safety: FRA will assess the project’s
ability to foster a safe transportation
system for the movement of goods and
people, consistent with the
Department’s strategic goal to reduce
transportation-related fatalities and
serious injuries across the transportation
system. Such considerations will
include, but are not limited to, the
extent to which the project improves
and upgrades infrastructure to achieve a
higher level of safety, reduces
incidences of rail-related trespassing,
upgrades infrastructure to achieve a
higher level of safety, and uses an
appropriately trained workforce.
Overall, FRA expects that projects will
provide positive safety benefits for all
users and not negatively impact safety
for all users.
Climate Change and Sustainability:
FRA will assess the project’s ability to
36 These benefits may include the effects on
system and service performance, including
measures such as improved safety, competitiveness,
reliability, trip or transit time, resilience,
efficiencies from improved integration with other
modes, the ability to meet existing or anticipated
demand, and any other benefits.
37 FRA has identified these 25 counties through
https://railroads.dot.gov/safety-data, and includes
the following: California (Los Angeles, San
Bernardino, Kern, San Joaquin, Alameda, Contra
Costa, Fresno, Riverside, Sacramento, Santa Clara,
Orange, Stanislaus, San Diego); Florida (Palm
Beach, Broward); Illinois (Cook); Nevada (Clark);
Oregon (Multnomah); Pennsylvania (Philadelphia);
Tennessee (Davidson); Texas (Tarrant, Dallas,
Bexar, Harris); and Washington (King).
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reduce the harmful effects of climate
change and anticipate necessary
improvements to prepare for extreme
weather events. Such considerations
may include, but are not limited to, the
extent to which the project reduces
emissions, promotes energy efficiency,
increases resiliency, incorporates
evidence-based climate resilience
measures or features, and avoids
adverse environmental impacts to air or
water quality, wetlands, and endangered
species. Projects that lead to a
significant reduction of emissions
resulting from rehabilitating,
remanufacturing, procuring, and
overhauling a locomotive meet the
objective of this priority.
Applicants are encouraged to use the
DOT Navigator Climate checklist in
responding to this criterion.
Applications that are rated highly on
this criterion will be those that use datadriven and evidence-based methods to
demonstrate that the project will:
• Significantly reduce GHG emissions
in the transportation sector; and
• Incorporate evidence-based climate
resilience measures or features.
Equity and Justice40: FRA will assess
elements including how the project will
create positive outcomes that will
reduce, mitigate, or reverse how a
community is experiencing
disadvantage through increasing
affordable transportation options,
improving health or safety, reducing
pollution, connecting Americans to
good-paying jobs, fighting climate
change, and/or improving access to
nature, resources, transportation or
mobility, and quality of life. FRA will
consider the benefits and potential
burdens a project may create, who
would experience them and how the
benefits and potential burdens will
impact disadvantaged communities.
Applicants are encouraged to use
Climate & Economic Justice Screening
Tool (CEJST), a new tool by the White
House Council on Environmental
Quality (CEQ), that aims to help Federal
agencies identify disadvantaged
communities as part of the Justice40
initiative to accomplish the goal that
40% of benefits from certain federal
investment reach disadvantaged
communities. Applicants should use
CEJST as the primary tool to identify
disadvantaged communities (Justice40
communities). Applicants are strongly
encouraged to use the USDOT Equitable
Transportation Community (ETC)
Explorer to understand how their
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22223
community or project area is
experiencing disadvantage related to
lack of transportation investments or
opportunities. Through understanding
how a community or project area is
experiencing transportation-related
disadvantage, applicants are able to
address how the benefits of a project
will reverse or mitigate the burdens of
disadvantage and demonstrate how the
project will address challenges and
accrued benefits.
Applicants are strongly encouraged to
use the FRA’s Justice40 Rail Explorer
Tool, (https://usdot.maps.arcgis.com/
apps/webappviewer/
index.html?id=fd9810
f673b64d228ae072bead46f703) to
identify the rail infrastructure in their
project and features of the surrounding
community as the basis of their
assessment. The FRA Justice40 Rail
Explorer Tool is a rail-specific
complement to the USDOT ETC
Explorer and leverages the same
methodology and metrics. The FRA
Justice40 Rail Explorer Tool provides
GIS information on existing rail
infrastructure, communities, and
pollution levels based on the proposed
project’s location, and applicants can
thus use this tool to note how their
project location scores across several
different measures. Transportation
disadvantaged communities experience
burden, as a result of underinvestment
in transportation, in the following five
components: Transportation Insecurity,
Climate and Disaster Risk Burden,
Environmental Burden, Health
Vulnerability, and Social Vulnerability.
Workforce Development, Job Quality,
and Wealth Creation: FRA will assess
how the project will create good-paying,
safe jobs with free and fair choice to join
a union including through the use of a
project labor agreement, promote
investments in high-quality workforce
development programs, adopt local and
economic hiring preferences for the
project workforce, and promote local
inclusive economic and
entrepreneurship programs.
For Administration Priorities, FRA
will consider the application’s
responsiveness to the criteria, and will
result in a rating of ‘‘Non-responsive,
‘‘Acceptable,’’ ‘‘Responsive,’’ or ‘‘Highly
Responsive’’ as described in the rubric
below. Applicants do not need to
respond to all of the Administration
Priorities if the criterion is not
applicable to the proposed project.
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ADMINISTRATION PRIORITIES
For the Administration Priorities Criteria described in section E(3)(b), FRA will consider the application’s responsiveness to the criteria, including
an assessment of supporting justifications.
Non-responsive
Acceptable
Responsive
Highly responsive
Application contains insufficient information to assess any of the Administration Priorities, or project is inconsistent with one or more of the Administration Priorities.
Application contains limited information
that is supported by some evidence,
but primarily described qualitatively,
that the project is consistent with at
least one of the Administration Priorities.
Application contains sufficient information that is adequately supported by
both quantitative and qualitative evidence that the project has clear and
direct benefits in at least one of the
Administration Priorities.
Application contains thorough and complete information that is strongly supported by both quantitative and qualitative evidence that the project has
clear, direct, and significant benefits
in one or more of the Administration
Priorities, and is not inconsistent with
any of the Administration Priorities.
Upon completion of all reviews, FRA
will finalize an Overall Rating for each
application. This rating will be a
combination of the results of the three
Merit Criteria reviews, specifically
Project Readiness, Project Benefits, and
Technical Merit criteria ratings as
described in sections E(2)(a)–E(2)(c); the
benefit-cost analysis as identified in
section E(2)(c) and further described in
section D(2)(b)(ii); and the
Administration Priorities as described
in section E(3)(b). Provided in the
Overall Rating Rubric below, each rating
has defined parameters to which each
application will be assessed.
OVERALL RATING
Not recommended
Acceptable
The application received an overall
score of not recommended based on
Project Readiness, Technical Merit,
and Project Benefits ratings, confidence in the application’s BCA, and
consideration of Administration Priorities.
The application received an overall
score of acceptable based on Project
Readiness, Technical Merit, and
Project Benefits ratings, confidence
in the benefit-cost analysis, and consideration of Administration Priorities.
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The evaluation process may draw
upon subject matter experts within FRA
Division offices whose expertise is
relevant to understanding the
application’s responsiveness to the
program criteria, such as assessing the
applicant’s capacity to successfully
deliver the project in compliance with
applicable Federal requirements based
on factors including, but not limited to,
the recipient’s experience working with
Federal agencies, previous experience
with DOT discretionary grant awards
and/or the technical experience and
resources dedicated to the project.
Finally, in determining the allocation of
program funds, FRA may also consider
geographic diversity, diversity in the
size of the systems receiving funding,
and the applicant’s receipt of other
competitive awards.
2. Review and Selection Process
FRA will conduct a five-part
application review process, as follows:
• Intake and Eligibility Phase: Screen
applications for applicant and project
eligibility, completeness, and the
minimum match (completed by the
Evaluation Management and Oversight
Team, or ‘‘EMOT,’’ comprised of FRA
program review directors who manage
the pre-award process);
• Evaluation Review Phase: Evaluate
remaining applications against the
statutory technical merit criteria, project
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Recommended
The application received an overall
score of recommended based on
Project Readiness, Technical Merit,
and Project Benefits ratings, confidence in the benefit-cost analysis,
and has clear and direct benefits in
one of the Administration Priorities.
benefit criteria, project readiness and
the applicant’s ability (based on past
performance and relevant project
factors) to develop and deliver similar
projects, and alignment with
Administration Priorities (completed by
technical merit review panels consisting
of FRA and Department of
Transportation (DOT) staff). The EMOT
will compile the results of the
Evaluation Review Phase consistent
with the CRISI Program set-asides and
selection preferences. After considering
all FRA reviews under the statutory
criteria, applications will be assigned an
overall rating of ‘‘Highly
Recommended,’’ ‘‘Recommended,’’
‘‘Acceptable,’’ or ‘‘Not Recommended’’;
• Steering Committee Phase: The
Steering Committee is comprised of
Senior Directors with the Office of
Railroad Development, which may also
include senior leadership from the
Railroad Office of Safety and other
relevant offices. The EMOT briefs the
Steering Committee on all rated
applications, and the Steering
Committee may request more
information from FRA offices whose
expertise may be relevant. The Steering
Committee provides strategic direction,
in line with program goals outlined in
this NOFO, on the development of
materials and approach for the Senior
Review Team (SRT) briefing;
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Highly recommended
Sfmt 4703
The application received an overall
score of highly recommended based
on Project Readiness, Technical
Merit, and Project Benefits ratings,
confidence in the benefit-cost analysis, and has clear, direct, and significant benefits in one or more of
the Administration Priorities.
• Senior Review Phase: The SRT will
review, apply selection criteria, and
recommend initial selection of projects
for the FRA Administrator’s review
(completed by the SRT, which may
include senior leadership from the
Office of the Secretary and FRA); and
• Selection and Award Phase: Select
recommended awards for the Secretary’s
or his designee’s review and approval
(completed by the FRA Administrator).
3. Reporting Matters Related to Integrity
and Performance
Before making a Federal award with
a total amount of Federal share greater
than the simplified acquisition
threshold of $250,000 (see 2 CFR 200.88
Simplified Acquisition Threshold), FRA
will review and consider any
information about the applicant that is
in the designated integrity and
performance system accessible through
SAM (currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)). See 41 U.S.C. 2313.
An applicant, at its option, may
review information in the designated
integrity and performance systems
accessible through SAM and comment
on any information about itself that a
federal awarding agency previously
entered and is currently in the
designated integrity and performance
system accessible through SAM.
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FRA will consider any comments by
the applicant, in addition to the other
information, in making a judgment
about the applicant’s integrity, business
ethics, and record of performance under
Federal awards when completing the
review of risk posed by applicants as
described in 2 CFR 200.205.
F. Federal Award Administration
Information 38
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1. Federal Award Notices
FRA will announce applications
selected for funding in a press release
and on FRA’s website after the
application review period. This
announcement is FRA’s notification to
successful and unsuccessful applicants
alike. Following this announcement,
FRA will contact the point of contact
listed in the SF 424 to initiate
negotiation of a project-specific grant
agreement. This notification is not an
authorization to begin proposed project
activities. FRA requires satisfaction of
applicable requirements by the
applicant and a formal agreement signed
by both the grantee and the FRA,
including an approved scope, schedule,
and budget, before obligating the grant.
2. Administrative and National Policy
Requirements
In connection with any program or
activity conducted with or benefiting
from funds awarded under this notice,
grantees of funds must comply with all
applicable requirements of Federal law,
including, without limitation, the
Constitution of the United States; the
relevant authorization and
appropriations, the conditions of
performance, nondiscrimination
requirements, and other assurances
made applicable to the award of funds
in accordance with regulations of DOT;
and applicable Federal financial
assistance and contracting principles
promulgated by the Office of
Management and Budget. In complying
with these requirements, grantees, in
particular, must ensure that no
concession agreements are denied, or
other contracting decisions made on the
basis of speech or other activities
protected by the First Amendment. If
DOT determines that a grantee has
failed to comply with applicable Federal
requirements, DOT may terminate the
award of funds and disallow previously
incurred costs, requiring the grantee to
reimburse any expended award funds.
The new FRA grant agreement consists
of three parts: Attachment 1: Standard
38 More information on FRA Discretionary Grant
Agreements can be found at: https://
railroads.dot.gov/grants-loans/fra-discretionarygrant-agreements.
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Terms and Conditions, Attachment 2:
Project-Specific Terms and Conditions,
and Terms and Conditions Exhibits.
Examples of administrative and
national policy requirements include: 2
CFR part 200; procurement standards at
2 CFR part 200, subpart D—
Procurement Standards; 2 CFR 1207.317
and 2 CFR 200.401; compliance with
Federal civil rights laws and
regulations; disadvantaged business
enterprises requirements; debarment
and suspension requirements; drug-free
workplace requirements; FRA’s and
OMB’s Assurances and Certifications;
Americans with Disabilities Act; safety
requirements; NEPA; and environmental
justice; compliance with 49 U.S.C.
24905(c)(2) for the duration of NEC
Projects; and 2 CFR 200.315, governing
rights to intangible property. Projects
assisted with funds provided through
the Maglev Grants Program are subject
to 49 U.S.C. 5333(a). 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 labor 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 (see section
D(2)(a)(viii)(A)(5)).39
Projects selected under this NOFO for
commuter rail passenger transportation
for positive train control projects may be
transferred to the Federal Transit
Administration for grant administration
at the Secretary’s discretion. If such a
project is transferred to the Federal
Transit Administration, applicants will
be required to comply with chapter 53
of title 49 of the United States Code.
Projects that have not sufficiently
considered climate change
environmental justice in their planning,
as determined by FRA, will be required
to do so before receiving funds for
construction, consistent with core
39 More information on labor protections can be
found here: https://railroads.dot.gov/elibrary/
equivalent-labor-protections.
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22225
policy goals of assessing these potential
impacts. For example, see Executive
Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR 7619)
and Executive Order 14096, Revitalizing
Our Nation’s Commitment to
Environmental Justice. In the grant
agreement, recipients will be expected
to describe activities they have taken or
will take prior to obligation of
construction funds to address climate
change and environmental justice (EJ).
(See Article 9 of FRA’s Attachment 2:
Project-Specific Terms and Conditions
for a list of project activities that address
climate change and environmental
justice priorities, available at: https://
railroads.dot.gov/sites/fra.dot.gov/files/
2024-02/Attachment_2_Project_
Specific_Terms_12.11.23_PDFa.pdf).
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; the project
improves disaster preparedness and
resilience; the project incorporates
resilience in its design, 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
environmental justice may include, but
are not limited to: basing project design
on consideration of community impacts;
information gained from screening tools
such as CEJST, EPA’s EJ Screen, or
another appropriate environmental and
community impacts tools developed by
a State agency; connecting
transportation disadvantaged
communities or other communities with
environmental justice concerns based
on information gained from the
screening tools noted above or FRA’s
Justice40 Rail Explorer Tool; conducting
enhanced, targeted outreach to
potentially affected communities,
including disadvantaged communities;
considering environmental justice 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.
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
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grantee’s description of activities it has
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; completing a
community needs assessment; adopting
an equity and inclusion program/plan;
conducting meaningful public
engagement to ensure underserved
communities are provided an
opportunity to be involved in the
planning process and is conducted in a
manner that is consistent with Title VI
of the Civil Rights Act (Title VI);
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 and wealth
building opportunities for underserved,
overburdened, or rural communities; or
addressing historic or current
inequitable air pollution or other
environmental, health, or economic
burdens and impacts. (See Article 10 of
FRA’s Attachment 2: Project-Specific
Terms and Conditions for a list of
project activities that address efforts to
improve racial equity and reduce
barriers to opportunity, available at:
https://railroads.dot.gov/sites/
fra.dot.gov/files/2024-02/Attachment_2_
Project_Specific_Terms_12.11.23_
PDFa.pdf). While not a selection
criterion to the extent the project
includes or is part of a station area, the
Department encourages project sponsors
to consider how the submitted project
could develop or facilitate economic
development, including commercial and
residential development that enhance
the economic vitality and
competitiveness of the surrounding
neighborhood and region.
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, including project labor
agreements, local hire agreements,
distribution of workplace rights notices,
and use of an appropriately trained
workforce; (b) support of high-quality
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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
underrepresented groups, and proactive
plans to prevent harassment. (See
Article 11 of FRA’s Attachment 2:
Project-Specific Terms and Conditions
for a list of project activities that address
efforts to support good-paying jobs and
strong labor standards, available at:
https://railroads.dot.gov/sites/
fra.dot.gov/files/2024-02/Attachment_2_
Project_Specific_Terms_12.11.23_
PDFa.pdf.
a. Federal Contract Compliance
As a condition of grant award and
consistent with Executive Order 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. Under Section 503 of the
Rehabilitation Act and its implementing
regulations, affirmative action
obligations for certain contractors
include an aspirational employment
goal of 7 percent workers with
disabilities.
The U.S. Department of Labor’s Office
of Federal Contract Compliance
Programs (OFCCP) is charged with
enforcing Executive Order 11246,
Section 503 of the Rehabilitation Act of
1973, and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974.
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. 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.
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b. Critical Infrastructure Security,
Cybersecurity and Resilience
It is the policy of the United States to
strengthen the security and resilience of
its critical infrastructure against all
hazards, including physical and cyber
risks, consistent with Presidential
Policy Directive 21—Critical
Infrastructure Security and Resilience,
and the National Security Memorandum
(NSM–5) on Improving Cybersecurity
for Critical Infrastructure Control
Systems. Each applicant selected for
Federal funding 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
Department and the Department of
Homeland Security, will be required to
do so before receiving funds.
c. Domestic Preference Requirements
As expressed in Executive Order
14005, Ensuring the Future Is Made in
All of America by All of America’s
Workers (86 FR 7475), the executive
branch should maximize, consistent
with law, the use of goods, products,
and materials produced in, and services
offered in, the United States. Funds
made available under this notice are
subject to the domestic preference
requirement in 49 U.S.C. 22905(a) (FRA
Buy America) and the Build America,
Buy America Act, Public Law 117–58,
70901–52. The Department expects all
applicants to comply with the
applicable domestic preference
requirements. However, Major Projects
applicants should include a domestic
sourcing plan that provides details on
the extent to which the materials
covered by the plan are to be imported
and the extent to which such materials
can be sourced domestically.; and (2)
Applicants should also provide an
explanation in the plan of the number
of domestic jobs, temporary and
permanent, that will be generated by the
project and outline a plan to transition
any foreign labor responsibilities to
domestic jobs. Major projects applicants
may also request a waiver from certain
Buy America requirements along with
the domestic sourcing plan.
d. Civil Rights and Title VI
As a condition of a grant award, grant
recipients should demonstrate that the
recipient has a plan for compliance with
civil rights obligations and
nondiscrimination laws, including Title
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VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR part
21), the Americans with Disabilities Act
of 1990 (ADA), Section 504 of the
Rehabilitation Act, all other civil rights
requirements, and accompanying
regulations. This may include a current
Title VI plan, completed Community
Participation Plan, and a plan to address
any legacy infrastructure or facilities
that are not compliant with ADA
standards. DOT’s and FRA’s Offices of
Civil Rights may work with awarded
grant recipients to ensure full
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. Pursuant to 2 CFR
170.210, non-Federal entities applying
under this NOFO must have the
necessary processes and systems in
place to comply with the reporting
requirements should they receive
Federal funding.
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b. Additional Reporting
Applicants selected for funding are
required to comply with all reporting
requirements in the standard terms and
conditions for FRA grant awards
including 2 CFR 180.335 and 2 CFR
180.350. If the total value of a selected
applicant’s currently active grants,
cooperative agreements, and
procurement contracts from all Federal
awarding agencies exceeds $10,000,000
for any period of time during the period
of performance of this Federal award,
then the applicant during that period of
time must maintain the information
reported to SAM and ensure that is
made available in the designated
integrity and performance system
(currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)) about civil, criminal,
or administrative proceedings described
in paragraph 2 of this award term and
condition. This is a statutory
requirement under section 872 of Public
Law 110–417, as amended (41 U.S.C.
2313). As required by section 3010 of
Public Law 111–212, all information
posted in the designated integrity and
performance system on or after April 15,
2011, except past performance reviews
required for Federal procurement
contracts, will be publicly available.
c. Performance and Program Evaluation
Recipients and subrecipients are also
encouraged to incorporate program
evaluation, including associated data
collection activities from the outset of
their program design and
implementation, to meaningfully
document and measure their progress
towards meeting an agency priority
goal(s). Title I of the Foundations for
Evidence-Based Policymaking Act of
2018 (Evidence Act), Public Law 15–435
(2019) urges Federal awarding agencies
and Federal assistance recipients and
subrecipients to use program evaluation
as a critical tool to learn, to improve
equitable delivery, and to elevate
program service and delivery across the
program lifecycle. Evaluation means ‘‘an
assessment using systematic data
collection and analysis of one or more
programs, policies, and organizations
intended to assess their effectiveness
and efficiency.’’ 5 U.S.C. 311. Credible
program evaluation activities are
implemented with relevance and utility,
rigor, independence and objectivity,
transparency, and ethics (OMB Circular
A–11, Part 6 Section 290).
For grant recipients receiving an
award, evaluation costs are allowable
costs (either as direct or indirect), unless
prohibited by statute or regulation, and
such costs may include the personnel
and equipment needed for data
infrastructure and expertise in data
analysis, performance, and evaluation.
(2 CFR part 200).
d. Performance Reporting
Each applicant selected for funding
must collect information and report on
the project’s performance using
measures mutually agreed upon by FRA
and the grantee to assess progress in
achieving strategic goals and objectives.
Examples of some rail performance
measures for CRISI funding are listed in
the table below. 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 application materials and
program goals.
Rail measures
Unit measure
Measurement
period
Measurement
frequency
Primary
administration
priority
Secondary
administration
priority
Slow Order Miles ...
Miles ................
..........................
Quarterly ......
Workforce Development, Job
Quality, and
Wealth Creation.
Safety ................
Gross Ton ..............
Gross Tons ......
..........................
Quarterly ......
Workforce Development, Job
Quality, and
Wealth Creation.
...........................
Rail Track Grade
Separation.
Count ...............
..........................
Quarterly ......
Safety ................
Equity in Contracting.
Count of small
businesses
contracted.
Annual ..........
Fuel Savings/Emissions.
Gallons ............
Duration of the
Project Performance Period.
..........................
Workforce Development, Job
Quality, and
Wealth Creation.
Equity and
Justice40.
Climate Change
and Sustainability.
...........................
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...........................
Description
The number of miles per quarter within the
project area that have temporary speed restrictions (‘‘slow orders’’) imposed due to
track condition. This is an indicator of the
overall condition of track. This measure can
be used for projects to rehabilitate sections of
a rail line since the rehabilitation should eliminate, or at least reduce the slow orders upon
project completion.
The 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 automobile crossings that are
eliminated at an at-grade crossing as a result
of a new grade separation.
Contracting with small and socially disadvantaged business enterprises, and labor surplus
area firms (each a ‘‘Small Business’’) for the
Project.
The total gallons of fuel saved as a result of rehabilitating, remanufacturing, procuring, or
overhauling locomotives.
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e. Program Evaluation
As a condition of grant award,
grantees may be required to participate
in an evaluation undertaken by DOT, or
another agency or partner. The
evaluation may take different forms
such as an implementation assessment
across grant recipients, an impact and/
or outcomes analysis of all or selected
sites within or across grantee, or a
benefit/cost analysis or assessment of
return on investment. The Department
may require applicants to collect data
elements to aid the evaluation. As a part
of the evaluation, as a condition of
award, grantee must agree to: (1) make
records available to the evaluation
contractor; (2) provide access to
program records, and any other relevant
documents to calculate costs and
benefits; (3) in the case of an impact
analysis, facilitate the access to relevant
information as requested; and (4) follow
evaluation procedures as specified by
the evaluation contractor or DOT staff.
For grant recipients, evaluation
expenses are allowable costs (either as
direct or indirect), unless prohibited by
statute or regulation, and such expenses
may include the personnel and
equipment needed for data
infrastructure and expertise in data
analysis, performance, and evaluation (2
CFR part 200).
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f. Project Signage and Public
Acknowledgements
As a condition of grant award, for
construction and non-construction
projects, recipients may be required to
post project signage and to include
public acknowledgments in published
and other collateral materials (e.g., press
releases, marketing materials, website,
etc.) satisfactory in form and substance
to DOT, that identifies the nature of the
project and indicates that ‘‘the project is
funded by the Bipartisan Infrastructure
Law’’. In addition, recipients employing
project signage are required to use the
official Investing in America emblem in
accordance with the Official Investing
in America Emblem Style Guide. Costs
associated with signage and public
acknowledgments must be reasonable
and limited. Signs or public
acknowledgments should not be
produced, displayed, or published if
doing so results in unreasonable cost,
expense, or recipient burden. The
Recipient is encouraged to use recycled
or recovered materials when procuring
signs.
G. Federal Awarding Agency Contacts
For further information concerning
this notice, please contact the FRA
NOFO Support program staff via email
VerDate Sep<11>2014
16:49 Mar 28, 2024
Jkt 262001
at FRA-NOFO-Support@dot.gov. If
additional assistance is needed, you
may contact Ms. Deborah Kobrin,
Supervisory Transportation Specialist,
at email: deborah.kobrin@dot.gov or
telephone: 202–420–1281 in FRA’s
Office of Rail Program Development.
H. Other Information
All information submitted as part of
or in support of any application shall
use publicly available data or data that
can be made public and methodologies
that are accepted by industry practice
and standards, to the extent possible. If
the application includes information the
applicant considers to be a trade secret
or confidential commercial or financial
information, the applicant should do the
following: (1) note on the front cover
that the submission ‘‘Contains
Confidential Business Information
(CBI)’’; (2) mark each affected page
‘‘CBI’’; and (3) highlight or otherwise
denote the CBI portions.
The DOT regulations implementing
the Freedom of Information Act (FOIA)
are found at 49 CFR part 7, subpart C—
Availability of Reasonably Described
Records under the Freedom of
Information Act which sets forth rules
for FRA to make requested materials,
information, and records publicly
available under FOIA. Unless prohibited
by law and to the extent permitted
under the FOIA, contents of application
and proposals submitted by successful
applicants may be released in response
to FOIA requests. The Department may
share application information within
the Department or with other Federal
agencies if the Department determines
that sharing is relevant to the respective
program’s objectives.
Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024–06710 Filed 3–28–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2023–0004; Notice 1]
Michelin North America, Inc., Receipt
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Michelin North America, Inc.
(MNA) has determined that certain
Michelin X Works D tires do not fully
SUMMARY:
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with
a GVWR of More Than 4,536 kilograms
(10,000) pounds, Speciality Tires, and
Tires for Motorcycles. MNA filed a
noncompliance report dated December
16, 2022, and January 11, 2023, and
subsequently petitioned NHTSA (the
‘‘Agency’’) on January 10, 2023, for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This document
announces receipt of MNA’s petition.
DATES: Send comments on or before
April 29, 2024.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and may be submitted by any of
the following methods:
• Mail: Send comments by mail
addressed to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. except for Federal
Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
• Comments may also be faxed to
(202) 493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
attachments to the comments. If
comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
E:\FR\FM\29MRN1.SGM
29MRN1
Agencies
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22206-22228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06710]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the FY 2023-FY 2024
Consolidated Rail Infrastructure and Safety Improvements Program
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 to obtain grant funding for eligible projects under the
Consolidated Rail Infrastructure and Safety Improvements Program for
Fiscal Years 2023 and 2024. This notice solicits applications for
program funds made available by the Consolidated Appropriations Act,
2023, Consolidated Appropriations Act, 2024, and the Infrastructure
Investment and Jobs Act. This notice also solicits applications for
projects under the Magnetic Levitation Technology Deployment Program,
funded by the Consolidated Appropriations Act, 2021. The opportunity
described in this notice is made available under Assistance Listings
Number 20.325, ``Consolidated Rail Infrastructure and Safety
Improvements,'' and Assistance Listings Number 20.318, ``Maglev Project
Selection--SAFETEA-LU.''
DATES: Applications for funding under this solicitation are due no
later than 11:59 p.m. EST, May 28, 2024. Applications that are
incomplete or received after 11:59 p.m. EST, on May 28, 2024 will not
be considered for funding. See section D of this notice for additional
information on the application process.
ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via www.Grants.gov (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Ms. Deborah Kobrin, Office of Rail Program Development,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38-
212, 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
[[Page 22207]]
courier service) to ensure 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]. If additional assistance is needed,
you may contact Ms. Deborah Kobrin, Supervisory Transportation
Specialist, at email: [email protected] or telephone: 202-420-
1281; Ms. Jenny Zeng, Transportation Industry Analyst, at email:
[email protected] or telephone: 857-330-2481; in FRA's Office of Rail
Program Development.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials.
Definitions of key terms used throughout the NOFO are provided in
section A(2) below. These key terms are capitalized throughout the
NOFO. There are several administrative and specific eligibility
requirements described herein with which applicants must comply.
Additionally, applicants should note that the required Project
Narrative component of the application package may not exceed 25 pages
in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
Summary Overview of Key Information--Consolidated Rail Infrastructure
and Safety Improvements Program (CRISI)
------------------------------------------------------------------------
------------------------------------------------------------------------
Issuing Agency............... Federal Railroad Administration, U.S.
Department of Transportation
Program Overview............. The purpose of the CRISI Program is to
invest in a wide range of projects
within the United States to improve
railroad safety, efficiency, and
reliability; mitigate congestion at both
intercity passenger rail and freight
rail chokepoints to support more
efficient travel and goods movement;
enhance multi-modal connections; and
lead to new or substantially improved
Intercity Passenger Rail Transportation
corridors.
Eligible Applicants.......... A State (including the District
of Columbia).
A group of States.
An Interstate Compact.
A public agency or publicly
chartered authority established by 1 or
more states.
A political subdivision of a
State.
Amtrak or another rail carrier
that provides intercity rail passenger
transportation (as rail carrier and
intercity rail passenger transportation
are defined in 49 U.S.C. 24102).
A Class II railroad or Class III
Railroad, including any holding company
of a Class II or Class III railroad (as
those terms are defined in 49 U.S.C.
20102).
An association representing one
or more railroads described in paragraph
(g).
A federally recognized Indian
Tribe.
Any rail carrier or rail
equipment manufacturer in partnership
with at least one of the entities
described in paragraphs (a) through (e).
The Transportation Research
Board and any entity with which it
contracts in the development of rail-
related research, including cooperative
research programs.
A University transportation
center engaged in rail-related research.
A non-profit labor organization
representing a class or craft of
employees of rail carriers or rail
carrier contractors.
Eligible Project Types....... Deployment of railroad safety
technology, including positive train
control and rail integrity inspection
systems.
A capital project as defined in
49 U.S.C. 22901(2), except that a
project shall not be required to be in a
State rail plan developed under 49
U.S.C. chapter 227.
A capital project identified by
the Secretary as being necessary to
address congestion or safety challenges
affecting rail service.
A capital project identified by
the Secretary as being necessary to
reduce congestion and facilitate
ridership growth in intercity passenger
rail transportation along heavily
traveled rail corridors.
A highway-rail grade crossing
improvement project.
A rail line relocation or
improvement project.
A capital project to improve
short-line or regional railroad
infrastructure.
The preparation of regional rail
and corridor service development plans
and corresponding environmental
analyses.
Any project that the Secretary
considers necessary to enhance
multimodal connections or facilitate
service integration between rail service
and other modes.
The development and
implementation of a safety program or
institute designed to improve rail
safety.
The development and
implementation of measures to prevent
trespassing and reduce associated
injuries and fatalities.
Any research that the Secretary
considers necessary to advance any
particular aspect of rail-related
capital, operations, or safety
improvements.
Workforce development and
training activities.
Research, development, and
testing to advance and facilitate
innovative rail projects.
The preparation of emergency
plans for communities through which
hazardous materials are transported by
rail.
Rehabilitating, remanufacturing,
procuring, or overhauling locomotives,
provided that such activities result in
a significant reduction of emissions.
xvii. Deployment of Magnetic Levitation
Transportation Projects.
Funding...................... The total funding available for awards
under this NOFO is up to $2,478,391,050.
Deadline..................... Deadline: May 28, 2024.
------------------------------------------------------------------------
[[Page 22208]]
A. Program Description
1. Overview
The Consolidated Rail Infrastructure and Safety Improvements
(CRISI) Program is authorized under 49 U.S.C. 22907. The purpose of the
CRISI Program is to invest in a wide range of projects within the
United States to improve railroad safety, efficiency, and reliability;
mitigate congestion at both intercity passenger rail and freight rail
chokepoints to support more efficient travel and goods movement;
enhance multi-modal connections; and lead to new or substantially
improved Intercity Passenger Rail Transportation corridors. This
program invests in railroad infrastructure projects that improve
safety, support economic vitality (including through opportunities for
small businesses), create good-paying jobs with the free and fair
choice to join a union, increase capacity and supply chain resilience,
apply innovative technology, and explicitly address climate change,
gender equity and racial equity. The purpose of this notice is to
solicit applications for the competitive CRISI Program provided in
Consolidated Appropriations Act, 2023, division L, title I, Public Law
117-328 (2023 Appropriation), Consolidated Appropriations Act, 2024,
division F, title I, Public Law 118-42 (2024 Appropriation) and the
2023 and 2024 advance appropriation in the Infrastructure Investment
and Jobs Act, division J, title II, Public Law 117-58 (2021).
In addition to the funding made available for the CRISI Program,
this NOFO includes funds for eligible projects under the Magnetic
Levitation Technology Deployment Program (Maglev Grants Program) and
solicits applications for eligible project costs for the deployment of
magnetic levitation transportation projects. The Maglev Grants Program
is authorized under and funded in the Consolidated Appropriations Act,
2021, division L, title I, Public Law 116-260 (2021 Appropriation),
consistent with the language in section 1307(a) through (c) of Public
Law 109-59 (SAFETEA-LU), as amended by section 102 of Public Law 110-
244 (Technical Corrections Act) (23 U.S.C. 322 note). Applications for
Maglev Grants Program funding that also seek funding under the CRISI
Program will be evaluated consistent with the selection criteria for
the Maglev Grants Program.
This NOFO integrates FRA's Guidance on Development and
Implementation of Railroad Capital Projects (88 FR 2163, Jan. 12, 2023)
(FRA's Capital Projects Guidance) which assists project sponsors in
developing effective and complete capital projects by defining the
project development process and describing implementation tools,
processes, and documentation that may be required for a grant. FRA's
Capital Projects Guidance can be found here: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
In December 2023, FRA updated its standard grant agreement terms
and conditions. The new FRA grant agreement consists of three parts:
Attachment 1: Standard Terms and Conditions, Attachment 2: Project-
Specific Terms and Conditions, and Terms and Conditions Exhibits. The
updated agreements are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
The Department seeks to fund projects that advance the
Administration Priorities of safety, equity, climate and
sustainability, workforce development, job quality, and wealth creation
as described in the U.S. Department of Transportation (DOT) Strategic
Plan,\1\ and in executive orders, which are described in section E.
---------------------------------------------------------------------------
\1\ Additional information about the USDOT Strategic Plan,
Research, Development and Technology Strategic Plan can be found
here: https://www.transportation.gov/dot-strategic-plan.
---------------------------------------------------------------------------
2. Definitions of Key Terms
Terms defined in this section are capitalized throughout this
notice.
a. ``Benefit-Cost Analysis'' (``BCA'') is a systematic, data-
driven, and transparent analysis comparing monetized project benefits
and costs, using a no-build baseline and properly discounted present
values, including concise documentation of the assumptions and
methodology used to produce the analysis; a description of the
baseline, data sources used to project outcomes, and values of key
input parameters; basis of modeling including spreadsheets, technical
memos, etc.; and presentation of the calculations in sufficient detail
and transparency to allow the analysis to be reproduced and for
sensitivity of results evaluated by FRA. All project submissions to the
CRISI program require a Benefit-Cost Analysis. Please refer to the
updated Benefit-Cost Analysis Guidance for Discretionary Grant Programs
(2024) prior to preparing a BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance-
discretionary-grant-programs-0. In addition, please also refer to the
BCA FAQs on FRA's website for rail specific examples of how to apply
the BCA Guidance for Discretionary Grant Programs to CRISI
applications.\2\
---------------------------------------------------------------------------
\2\ Additional information about the BCA FAQs can be found here:
https://railroads.dot.gov/rail-network-development/planning/project-planning/benefit-cost-analysis-guidance.
---------------------------------------------------------------------------
b. ``Capital Project'' means a project for acquiring, constructing,
improving, or inspecting rail equipment, track and track structures, or
a rail facility, including 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,\3\ environmental studies, and all work
necessary for FRA to consider the effects of the proposed project under
the National Environmental Policy Act; highway-rail grade crossing
improvements; communication and signalization improvements; and
rehabilitating, remanufacturing, or overhauling rail rolling stock and
rail facilities.\4\
---------------------------------------------------------------------------
\3\ FRA will consider right-of-way acquisition only for
applications which seek Construction funding.
\4\ For any project that includes purchasing Intercity Passenger
Rail rolling stock, 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 similar uniform process.
---------------------------------------------------------------------------
c. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple rides, and commuter tickets, and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3).
The term does not include rapid transit operations in an urban area
that are not connected to the general railroad system of
transportation.
d. ``Construction'' means the Lifecycle Stage of a Capital Project
during which the Capital Project is completely built, installed and
placed into use. Construction activities include, but are not limited
to, physical construction and installation of the Capital Project,
including testing of equipment, workforce training, and start-up
testing. Construction activities occur after a project has completed
Final Design.
e. ``Deployment of Magnetic Levitation Transportation Projects''
means, for purposes of this NOFO, transportation systems employing
magnetic levitation that would be capable of safe use by the public at
a speed in excess of 240 miles per hour.\5\
---------------------------------------------------------------------------
\5\ This definition only applies to projects eligible under the
Maglev Grants Program. These projects may also be eligible for
funding under the CRISI program consistent with 49 U.S.C. 22907(c).
---------------------------------------------------------------------------
[[Page 22209]]
f. ``Final Design'' or ``FD'' means the Lifecycle Stage of a
Capital Project during which the Capital Project design is advanced to
be ready for Construction. This is when the agreements necessary to
construct and operate the Capital Project are secured, acquisition of
right-of-way is completed, and final engineering plans and
specifications necessary for construction of the project are produced.
Final Design activities occur after a Capital Project has completed
Project Development, and before a Capital Project can advance to
Construction. Final Design is described in FRA's Capital Projects
Guidance.
g. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except commuter rail passenger transportation. see 49
U.S.C. 22901(3), and in this NOFO, it has the same meaning as
``Intercity Passenger Rail Service'' and ``Intercity Passenger Rail
Transportation''.
h. ``Lifecycle Stage'' means each of the consecutive stages of a
Capital Project as it is developed and implemented that include Systems
Planning, Project Planning, Project Development, Final Design,
Construction, and Operation. Each sequential stage involves specific
activities. Lifecycle Stages are described in FRA's Capital Projects
Guidance.
i. ``Major Project'' means a Capital Project with a capital cost
estimate equal to or greater than $500 million and with at least $100
million in federal assistance under the CRISI Program. Major Project is
described in FRA's Capital Project Guidance.
j. ``National Environmental Policy Act'' or ``NEPA'' (42 U.S.C.
4321 et seq.) is a Federal law that requires Federal agencies to
analyze and document the environmental impacts of a proposed action in
consultation with appropriate Federal, Tribal, state, and local
authorities, and with the public. Environmental review under NEPA
consists of an Environmental Impact Statement (EIS), Environmental
Assessment (EA) or Categorical Exclusion (CE). The NEPA class of action
depends on the potential environmental impacts of the proposed action.
For purposes of this NOFO, NEPA also includes all related Federal laws
and regulations including the Clean Air Act, section 4(f) of the
Department of Transportation Act, section 7 of the Endangered Species
Act, and section 106 of the National Historic Preservation Act.
Additional information regarding FRA's environmental processes and
requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment. NEPA consultation and
documentation are considered part of the Project Development Lifecycle
Stage, as described in FRA's Capital Projects Guidance.
k. ``Positive Train Control System'' (``PTC'') is defined by 49 CFR
270.5 to mean a system designed to prevent train-to-train collisions,
overspeed derailments, incursions into established work zone limits,
and the movement of a train through a switch left in the wrong
position, as described in 49 CFR part 236, subpart I.
l. ``Preliminary Engineering'' or ``PE'' means engineering design
to define a Capital Project, including identification of all
environmental impacts and design of all critical project elements at a
level sufficient to ensure reliable cost estimates and schedules. The
PE development process starts with specific project design alternatives
that allow for the assessment of a range of rail improvements, specific
alignments, and project designs. PE is considered part of the Project
Development Lifecycle Stage, as described in FRA's Capital Projects
Guidance.
m. ``Project Development'' means the Lifecycle Stage of a Capital
Project during which the project sponsor conducts design,
environmental, and other studies to ensure the Capital Project is ready
for implementation. Project Development activities occur after a
project sponsor has completed Project Planning, and before a Capital
Project can advance to Final Design. Project Development is described
in FRA's Capital Projects Guidance.
n. ``Project Management Plan'' means, under this NOFO, a document
that describes how the Capital Project will be implemented, monitored,
and controlled to help the project sponsor effectively, efficiently,
and safely deliver the project on time, within budget, and at the
highest appropriate quality. Project Management Plan is described in
FRA's Capital Projects Guidance.
o. ``Project Planning'' is the first Lifecycle Stage of a Capital
Project during which the project sponsor identifies Capital Project
concepts to adequately address transportation needs and opportunities
identifies and compares costs, benefits, and impacts of project
options; identifies the impacted environmental resources and engages
with interested parties, agencies, and infrastructure owners. Project
Planning activities are completed before a Capital Project advances to
Project Development. Project Planning is described in FRA's Capital
Projects Guidance and consistent with the 2023 Appropriation.
p. ``Rural Area'' means any area that is not within an area
designated as an urban area with at least 50,000 in population by the
most recent decennial Census.
q. ``Rural Project'' means a project in which all or the majority
of the project (determined by the geographic location or locations
where the majority of the project funds will be spent) is located in a
Rural Area.
r. ``Significant Reduction of Emissions'' as used in this NOFO,
results from rehabilitating, remanufacturing, procuring, or
overhauling: (1) a Non-Tiered, Tier 0, or Tier 1 locomotive to at least
the Tier 2 level; (2) a Tier 2 or Tier 3 locomotive to at least a Tier
4 level; or (3) any locomotive to an all-electric, renewable diesel,
battery-powered, or other renewable energy locomotive. Non-tiered, Tier
0 and Tier 1 locomotives must be retired if replaced. Emission
standards and Tier designations for line-haul and switch locomotives
are set by the U.S. Environmental Protection Agency, 40 CFR part 1033,
subpart B.
s. ``Systems Planning'' means the first Lifecycle Stage when
planning activities that support the development of a railroad capital
plan, a state or regional rail plan, or a corridor service development
plan that may identify a Capital Project, are completed. System
Planning is described in FRA's Capital Projects Guidance.
t. ``Relocation'' means moving a rail line vertically or laterally
to a new location. Vertical Relocation refers to raising above the
current ground level or sinking below the current ground level of a
rail line. Lateral Relocation refers to moving a rail line horizontally
to a new location.
B. Federal Award Information
1. Available Award Amount & Special Funding Set-Asides
The total funding available for awards under this NOFO is up to
$2,478,391,050, made available by the 2023 Appropriation, 2024
Appropriation, 2023 and 2024 advance appropriations provided in IIJA,
and remaining unawarded 2022 CRISI balances.\6\ The total funding also
[[Page 22210]]
includes $2,000,000 in FY 2021 funding for the Maglev Grant Program, as
detailed in this section. Should additional CRISI Program funds become
available after the release of this NOFO, FRA may elect to award such
additional funds to applications received under this NOFO. Any awards
made under this NOFO are subject to the availability of appropriated
funds.
---------------------------------------------------------------------------
\6\ In addition to the $2,478,391,050 in CRISI funding made
available in this NOFO, $80,727,922 in CRISI funds will be
separately made available for Special Transportation Circumstances
grants, $129,383,997 in CRISI funds will be set aside for the
purposes, and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' included in the
joint explanatory statement, and $55,179,159 in CRISI funds will be
set aside for award and program oversight conducted by FRA.
---------------------------------------------------------------------------
Further, of the available award amount listed above, certain
funding amounts are set aside for the following purposes under this
NOFO:
a. Rural Set-Aside--At least $657,393,500, or 25 percent of the
total amount appropriated of the CRISI Program funds, will be made
available for projects located in Rural Areas as required in 49 U.S.C.
22907(g). FRA will consider a project to be in a Rural Area if all or
the majority of the project (determined by the geographic location or
locations where the majority of the project funds will be spent) is
located in a Rural Area.
b. Intercity Passenger Rail Set-Aside--At least $150,000,000 will
be made available for Capital Projects as defined by 49 U.S.C. 22901(2)
that support the development of new Intercity Passenger Rail Service
routes including alignments for existing routes, as described in 49
U.S.C. 22907(c)(2) and as required in the 2023 Appropriation.
c. Trespassing Measures Set-Aside--At least $32,724,132 \7\ will be
made available for the development and implementation of measures to
prevent trespassing and reduce associated injuries and fatalities, as
described in 49 U.S.C. 22907(c)(11) \8\ and as required in the 2023
Appropriation.
---------------------------------------------------------------------------
\7\ This amount includes $25,000,000 in Fiscal Year 2023 Annual
Appropriation and $7,724,132 in carryover funding from Fiscal Year
2022.
\8\ FRA will give preference to projects that are located in the
top 25 counties with the most pedestrian trespasser casualties.
---------------------------------------------------------------------------
d. Magnetic Levitation Deployment Projects Set-Aside--$2,000,000 in
2021 Appropriation funding will be made available for the Deployment of
Magnetic Levitation Transportation Projects. In addition, $5,000,000
will be made available from the 2023 Appropriation for preconstruction
planning activities and capital costs related to the deployment of
magnetic levitation transportation projects.
e. Workforce Development Set-Aside--At least $5,000,000 will be
made available for workforce development and training activities, as
described in 49 U.S.C. 22907(c)(13) and as required by the 2023
Appropriation.
2. Award Size
FRA anticipates making multiple awards with the available funding.
FRA may not be able to award grants to all eligible applications even
if they meet or exceed the stated evaluation criteria (see section E,
Application Review Information). FRA strongly encourages applicants to
seek funding for the appropriate Lifecycle Stage of a Capital Project,
consistent with the application tracks in section C(3)(c) below. Where
an application includes multiple Lifecycle Stages of a Capital Project,
FRA may decide to only award funds for what it determines is the
appropriate Lifecycle Stage.
In addition, projects may require more funding than is available.
FRA encourages applicants to propose a project that has operational
independence, or a component of such project, which can be completed
and implemented with funding under this NOFO as a part of the total
project cost together with other, non-Federal sources. (See section
C(3)(c) for more information). While there is no predetermined minimum
or maximum dollar threshold for individual awards, FRA encourages
applications that request funding in excess of $1,000,000.
Applicants are not limited in the number of projects for which they
seek funding. Applicants submitting more than one application are
requested to submit a priority ranking of their submitted applications
that is consistent with each application package submitted.
3. Award Type
FRA will make awards for projects selected under this notice
through grant agreements and/or cooperative agreements. Grant
agreements are used when FRA does not expect to have substantial
Federal involvement in carrying out the funded activity. Cooperative
agreements allow for substantial Federal involvement in carrying out
the agreed upon investment, including technical assistance, review of
interim work products, and increased program oversight. The term
``grant'' is used throughout this document and is intended to reference
funding awarded through a grant agreement or 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.
The new FRA grant agreement consists of three parts: Attachment 1:
Standard Terms and Conditions, Attachment 2: Project-Specific Terms and
Conditions, and Terms and Conditions Exhibits. The grant agreement
templates are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements. These templates are subject to
revision.
4. Concurrent Applications
DOT and FRA may concurrently solicit applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for funding under this NOFO, applicants must indicate the other
program(s) to which they submitted an application for funding the
entire project or certain components, as well as highlight new or
revised information in the application responsive to this NOFO that
differs from the previously submitted application(s).
C. Eligibility Information
This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and project
component operational independence. Applications that do not meet the
requirements in this section are ineligible for funding. Instructions
for submitting eligibility information to FRA are detailed in section D
of this NOFO.
1. Eligible Applicants
The following entities are eligible applicants for all CRISI
projects under this notice: \9\
---------------------------------------------------------------------------
\9\ For applications seeking funding under the Maglev Grant
Program, only a State, States, or an authority designated by one or
more States are eligible to receive funding under this NOFO.
---------------------------------------------------------------------------
a. A State (including the District of Columbia).
b. A group of States.
c. An Interstate Compact.
d. A public agency or publicly chartered authority established by
one or more States.
e. A political subdivision of a State.
f. Amtrak or another rail carrier that provides intercity rail
passenger transportation (as rail carrier and intercity rail passenger
transportation are defined in 49 U.S.C. 24102).
g. A Class II railroad or Class III railroad, including any holding
[[Page 22211]]
company of a Class II or Class III railroad (as those terms are defined
in 49 U.S.C. 20102).\10\
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\10\ Consistent with 49 U.S.C. 20102, a Class II and Class III
railroad is defined as an entity that is a railroad carrier (under
49 U.S.C. 20102(3)) with an annual carrier operating revenue that
meets the threshold amount for Class II and Class III carriers, as
determined by the Surface Transportation Board in 49 CFR 1201.1-1.
---------------------------------------------------------------------------
h. An association representing one or more railroads described in
paragraph (g).
i. A federally recognized Indian Tribe.
j. Any rail carrier or rail equipment manufacturer in partnership
with at least one of the entities described in paragraphs (a) through
(e).
k. The Transportation Research Board and any entity with which it
contracts in the development of rail-related research, including
cooperative research programs.
l. A University transportation center engaged in rail-related
research.
m. A non-profit labor organization representing a class or craft of
employees of rail carriers or rail carrier contractors.
Amounts awarded from the 2023 and 2024 Appropriation for otherwise
eligible projects that implement or sustain Positive Train Control
Systems are not subject to the limitation in 49 U.S.C. 22905(f) and may
therefore be awarded for commuter rail passenger transportation
projects. FRA may transfer such projects to the appropriate agency to
administer.
The applicant serves as the primary point of contact for the
application, and if selected, as the recipient of the grant award. An
application may identify entities that are not eligible applicants as
project partners.
2. Cost Sharing and Matching
The Federal share of total costs for CRISI Program projects funded
under this NOFO shall not exceed 80 percent. The estimated total cost
of a project must be based on the best available information, including
engineering studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment and/or
facilities. Additionally, in preparing estimates of total project
costs, applicants are encouraged to use FRA's cost estimate guidance
documentation, ``Capital Cost Estimating: Guidance for Project
Sponsors,'' which is available at: https://www.fra.dot.gov/Page/P0926.
Project sponsors should account for the impact of factors such as
inflation as the applicant prepares their scope, schedule, and budget.
The minimum 20 percent non-Federal share may be comprised of public
sector (e.g., State or local) or private sector funding. FRA will not
consider any Federal financial assistance, or any non-Federal funds
already expended (or otherwise encumbered) toward the matching
requirement, unless such sources are 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. In addition, applicants may count costs
incurred for Preliminary Engineering associated with highway-rail grade
crossing improvement projects and trespassing prevention projects as
described in 49 U.S.C. 22907(c)(5) and (11), respectively, as part of
the total project costs. Such costs are eligible as non-Federal share
or for reimbursement, even if they were incurred before project
selection for award, consistent with 49 U.S.C. 22907(h)(4).\11\ Such
costs must have been incurred no earlier than November 15, 2021, and
must be otherwise compliant with 2 CFR part 200 and the requirements of
this CRISI Program.
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\11\ FRA interprets the language in 49 U.S.C. 22907(h)(4) to
permit FRA to reimburse grantees for Preliminary Engineering costs
on Highway-rail grade crossing projects incurred before the date of
project selection, if the costs would be permitted as part of total
project costs if incurred after the date of project selection and
are consistent with 2 CFR part 200.
---------------------------------------------------------------------------
If Amtrak or another rail carrier is an applicant under this CRISI
Program, Amtrak or such other rail carrier, as applicable, may use
ticket and other revenues generated from its operations and other
sources to satisfy the non-Federal share requirements.
Funding under this NOFO may not be used for costs that are included
in or used to meet cost sharing or matching requirements of any other
Federally financed award or program. If the applicant is seeking
additional funding for a project that has already received Federal
financial assistance, costs associated with the scope of work for the
existing Federal award are not eligible for funding under this NOFO.
Only new scope elements/activities (e.g., new deliverables) are
eligible for funding under this NOFO.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See section D(2)(a)(iii)
for required application information on non-Federal match and section E
for further discussion of FRA's consideration of matching funds in the
review and selection process. FRA will approve pre-award costs incurred
after announcement of awards consistent with 2 CFR 200.458, as
applicable. See section D(6). Cost sharing or matching may be used only
for eligible expenses for authorized Federal award purposes.
All contracts for projects financed with Federal funds will be
subject to applicable Federal requirements. Applicants that have
entered into contracts for a proposed project prior to award must
ensure that applicable Federal requirements are included in the
contract in the event the project is selected and Federal funds are
obligated.
3. Eligible Projects
a. The Following Are Eligible Under This NOFO
i. Deployment of railroad safety technology, including positive
train control (PTC) and rail integrity inspection systems. PTC examples
include: back office systems; wayside, communications and onboard
hardware equipment; software; equipment installation; spectrum; any
component, testing and training for the implementation of PTC systems;
and interoperability. Maintenance and operating expenses incurred after
a PTC system is placed in revenue service are ineligible. Railroad
safety technology and rail integrity inspection system examples
include: broken rail detection and warning systems; track intrusion
systems; and hot box detectors, wheel impact load detectors, and other
safety improvements.\12\
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\12\ Only costs for FD and Construction stages and forward are
eligible within this eligibility category.
---------------------------------------------------------------------------
ii. A capital project as defined in 49 U.S.C. 22901(2), except that
a project shall not be required to be included in a State rail plan
developed under 49 U.S.C. chapter 227.
iii. A capital project identified by the Secretary as being
necessary to address congestion or safety challenges affecting rail
service.\13\
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\13\ FRA interprets ``capital project'' in this section to mean
a Capital Project as defined in this NOFO. For example, a track
improvement project that also addresses congestion or safety issues.
---------------------------------------------------------------------------
iv. A capital project identified by the Secretary as being
necessary to reduce congestion and facilitate ridership growth in
intercity passenger rail transportation along heavily traveled rail
corridors.\14\
---------------------------------------------------------------------------
\14\ FRA interprets ``capital project'' in this section to mean
a Capital Project as defined in this NOFO. For example, an intercity
passenger rail track project on a heavily trafficked corridor.
---------------------------------------------------------------------------
v. A highway-rail grade crossing improvement project, including
installation, repair, or improvement of grade separations, railroad
crossing signals, gates, and related technologies, highway traffic
signalization, highway
[[Page 22212]]
lighting and crossing approach signage, roadway improvements such as
medians or other barriers, railroad crossing panels and surfaces, and
safety engineering improvements to reduce risk in quiet zones or
potential quiet zones.
vi. A rail line relocation or improvement project.
vii. A capital project to improve short-line or regional railroad
infrastructure.
viii. The preparation of regional rail and corridor service
development plans and corresponding environmental analyses.\15\
---------------------------------------------------------------------------
\15\ These are planning activities normally performed during the
Systems Planning Lifecycle Stage. Consistent with the 2023
Appropriations, railroad project-level planning activities are also
eligible.
---------------------------------------------------------------------------
ix. Any project that the Secretary considers necessary to enhance
multimodal connections or facilitate service integration between rail
service and other modes, including between intercity rail passenger
transportation and intercity bus service or commercial air service.\16\
---------------------------------------------------------------------------
\16\ FRA interprets ``project'' in this section to mean a
Capital Project as defined in this NOFO.
---------------------------------------------------------------------------
x. The development and implementation of a safety program or
institute designed to improve rail safety.
xi. The development and implementation of measures to prevent
trespassing and reduce associated injuries and fatalities. Examples
include: trespass-related Capital Projects (such as physical barriers,
fencing, or equipment), trespassing enforcement activities, and
outreach campaigns resulting in trespasser deterrence and prevention.
xii. Any research that the Secretary considers necessary to advance
any particular aspect of rail-related capital, operations, or safety
improvements.
xiii. Workforce development and training activities, coordinated to
the extent practicable with the existing local training programs
supported by the Department of Transportation, the Department of Labor,
and the Department of Education.\17\
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\17\ Workforce development, training and related eligible
activities are not limited to those coordinated with the existing
local training programs supported by the Department of
Transportation, the Department of Labor, and the Department of
Education.
---------------------------------------------------------------------------
xiv. Research, development, and testing to advance and facilitate
innovative rail projects, including projects using electromagnetic
guideways in an enclosure in a very low-pressure environment.
xv. The preparation of emergency plans for communities through
which hazardous materials are transported by rail.
xvi. Rehabilitating, remanufacturing, procuring, or overhauling
locomotives, provided that such activities result in a significant
reduction of emissions.
xvii. Deployment of Magnetic Levitation Transportation
Projects.\18\ Project eligibility is further provided in Track 5, as
described in section C(3)(c)(v).
---------------------------------------------------------------------------
\18\ This category covers projects that are eligible under the
Maglev Grants Program. Projects under this category may also be
eligible to receive CRISI Program funds, to the extent the
application complies with all CRISI Program requirements.
Applications for funding under both Programs will be evaluated
consistent with the selection criteria for the Maglev Grants
Program.
---------------------------------------------------------------------------
b. Project Component
If an applicant requests funding for a component or set of
components of a larger Capital Project, the project component(s)
included in the application must be attainable with the award amount
and comply with all eligibility requirements described in section C. In
addition, the component(s) must enable independent analysis and
decision making, as determined by FRA, under NEPA (i.e., have
independent utility, connect logical termini, and not restrict the
consideration of alternatives for other reasonably foreseeable rail
projects).
c. Application Tracks
Applicants are not limited in the number of projects for which they
seek funding. FRA generally evaluates applications in Tracks based on
the Lifecycle Stages of a Capital Project. While applications covering
multiple Lifecycle Stages are not precluded, FRA generally expects that
applications identify only one of the following tracks for an eligible
proposed project:
Track 1--Systems Planning and Project Planning;
Track 2--Project Development;
Track 3--FD/Construction;
Track 4--Research, Workforce Development, Safety Programs
and Institutes (Non-Railroad Infrastructure); or
Track 5--Deployment of Magnetic Levitation Transportation
Projects.
FRA strongly encourages applicants to seek funding for the
appropriate Lifecycle Stage of a Capital Project, consistent with these
application tracks. To the extent possible, applicants should describe
their projects consistent with FRA's Capital Projects Guidance, which
provides a detailed description of each Lifecycle Stage and its
required activities: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
If an application seeks funding under more than one application
Track for multiple Lifecycle Stages, FRA may award funds for the
application Track and corresponding Lifecycle Stage(s) it determines
most appropriate based on project readiness information. Applicants are
directed to identify the project components and estimated amount of
Federal funding requested for each Lifecycle Stage. If an application
selected for award includes multiple Lifecycle Stages, FRA will require
the grantee to complete the Lifecycle Stages in the order consistent
with FRA's Capital Projects Guidance.
i. Track 1--Systems Planning and Project Planning: Track 1 consists
of Systems Planning and/or Project Planning specific to an eligible
Capital Project. Systems Planning examples include the technical
analyses and associated environmental analyses that support the
development of railroad capital plans, state rail plans, regional rail
plans, and corridor service development plans, including:
Identification of alternatives, rail network planning, market analysis,
travel demand forecasting, revenue forecasting, railroad system design,
railroad operations analysis and simulation, equipment fleet planning,
station and access analysis, conceptual engineering and capital
programming, operating and maintenance cost forecasting, capital
replacement and renewal analysis, and economic analysis. Example
activities for Project Planning include: the development of a purpose
and need statement; completion of conceptual engineering and other
design; documentation showing that project alternatives were
considered; completion of an environmental resource inventory and
potential environmental concerns analysis; scale design drawings;
public and stakeholder involvement; completion of an order-of-magnitude
project cost estimate; and for Major Projects, completion of an initial
Project Management Plan. Project Planning projects funded under this
NOFO must be sufficiently developed when complete to support Project
Development activities.
ii. Track 2--Project Development: Track 2 consists of projects for
eligible Project Development activities. Example activities include:
completion of PE and architectural or other design; PE drawings and
specifications (scale drawings at the 30 percent design level,
including track geometry as appropriate); design criteria, schematics
and/or track charts that support the development of PE; work that can
be funded in conjunction with developing PE, such as operations
modeling, surveying, project work/management
[[Page 22213]]
plans, preliminary cost estimates, and preliminary project schedules;
completion of environmental review; and completion of applicable
project management documentation (such as a project management plan,
schedule, capital cost estimate, and financial plan). Project
Development projects funded under this NOFO must first demonstrate
completion of Project Planning elements prior to Project Development
funds being awarded and be sufficiently developed when complete to
support FD or Construction activities.
iii. Track 3--FD/Construction: Track 3 consists of projects for
eligible FD and Construction activities. Applicants must complete all
necessary Planning and Project Development stages, including PE and
NEPA requirements, prior to moving to the FD/Construction stage of a
project. FD activities may include completion of the FD documentation,
acquisition of right-of-way,\19\ resolving remaining uncertainties or
risks associated with changes to the design and scope of the Capital
Project; addressing procurement processes; and updating/completing the
applicable project management documentation (such as a Project
Management Plan, schedule, capital cost estimate, and financial
plan).\20\ Construction activities may include physical construction
and installation of the capital project, including procurement and
manufacturing of vehicles and equipment, project administration,
testing of equipment (e.g., signal equipment and rolling stock),
systems integration testing, workforce training, system certification,
procurement of insurance, provision of warrantees, pre-revenue service,
and start-up testing. Prior to obligation, applicants selected for
funding for FD/Construction must demonstrate completion of applicable
Systems Planning and Project Planning and Project Development
activities, consistent with FRA's Capital Projects Guidance.
---------------------------------------------------------------------------
\19\ FRA will only award funds for right-of-way (ROW)/property
acquisition activities if the proposed project also includes
construction activities consistent with the Construction Lifecycle
Stage. FRA will not fund ROW acquisition activities independently or
if proposed project only includes pre-construction activities or
Lifecycle Stages (i.e., Project Planning, Project Development, or
Final Design).
\20\ Applicants selected for funding are encouraged to submit
the following before obligation: an updated Project Management Plan
(including a schedule, capital cost estimate, and financial plan),
as grantees will be expected to develop a Project Management Plan
under the grant agreement. See FRA's Capital Projects Guidance,
Section V--Project Management for additional information.
---------------------------------------------------------------------------
iv. Track 4--Research, Workforce Development, Safety Programs, and
Institutes (Non-Railroad Infrastructure): Track 4 consists of projects
not falling within Tracks 1-3, or 5, and includes workforce development
activities, research, safety programs or institutes designed to improve
rail safety that clearly demonstrate the expected positive impact on
rail safety and research, development and testing to advance innovative
rail projects. Sufficient detail must be provided on what the project
will accomplish, over what duration as well as the applicant's
capability to achieve the proposed outcomes. Funding under this track
may be sought for projects extending over multiple fiscal years.
Examples include initiatives for improving rail safety, training,
preparation of hazardous materials emergency plans, trespass
enforcement activities, and outreach campaigns resulting in trespasser
deterrence and prevention. Applicants with proposed projects at the FRA
Transportation Technology Center (TTC), located in Pueblo, Colorado,
must demonstrate there is appropriate participation from relevant
stakeholders, at the time of application.
v. Track 5--Deployment of Magnetic Levitation Transportation
Projects: Track 5 consists of eligible projects that (1) involve a
segment or segments of a high-speed ground transportation corridor; (2)
result in an operating transportation facility that provides a revenue
producing service; (3) are approved by the Secretary based on an
application submitted to the Secretary of Transportation by a State or
authority designated by one or more States. Eligible project costs are:
(1) The capital cost of the fixed guideway infrastructure of a Maglev
project including land acquisition, support structures, guideways,
propulsion equipment and other components attached to guideways, power
distribution facilities (including substations), control and
communications facilities, access roads, and storage, repair, and
maintenance facilities and (2) preconstruction planning activities.
Eligible project costs exclude new stations and rolling stock, as well
as costs incurred solely for land or right-of-way acquisition (even if
such acquisition is to secure future operational right-of-way).
Applicants applying under Track 5 will be evaluated under the
additional Maglev Grants Program criteria, even if also applying for
CRISI Program funding. Please see section E(2)(b) for further details.
d. Rural Project
FRA will consider a project to be in a Rural Area if all or the
majority of the project (determined by geographic location(s) where the
majority of the project funds will be spent) is located in a Rural
Area. However, in the event FRA elects to fund a component of the
project, then FRA will reevaluate whether the project is in a Rural
Area.
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 for the application to be reviewed by
FRA. An applicant that fails to submit all required documentation prior
to the closing period of the notice may have its application deemed
incomplete and will not advance to evaluation review. See section D(2)
for the required documents and information for an application package.
FRA welcomes the submission of additional relevant supporting
documentation, such as planning, engineering, and design documentation,
and letters of support from partnering organizations, which will not
count against the Project Narrative 25-page limit.
1. Address To Request Application Package
Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their
entirety through https://www.Grants.gov no later than 11:59 p.m. EST,
on May 28, 2024. Applicants must complete an Authorized Organization
Representative (AOR) profile on www.Grants.gov and create a username
and password. Additional information about the registration process is
available at: https://www.grants.gov/applicants/applicant-registration.
Applicants are strongly encouraged to apply early to ensure that
all materials are received before the application deadline. FRA
reserves the right to modify this deadline. General information for
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a disability. If you require an
alternative version of files provided or paper copies of materials,
please contact Ms. Laura Mahoney, Office of the Chief Financial
Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590; email: [email protected]; or telephone: 202-
578-9337.
The E-Biz point of contact (E-Biz POC) at the applicant's
organization
[[Page 22214]]
must respond to the registration email from Grants.gov and login at
www.Grants.gov to authorize the applicant as the AOR. Please note there
can be more than one AOR for an organization.
If an applicant has difficulty at any point during this process,
please call the Grants.gov Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: https://www.grants.gov/support.
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. Applications that are
not submitted on time or do not contain all required documentation will
not be considered for funding. To support the application, applicants
may provide additional relevant and available optional supporting
documentation that may have been developed by the applicant, especially
such documentation that provides evidence of completion of the
appropriate Lifecycle Stage(s) of a Capital Project. Additionally,
applicants selected to receive funding must satisfy the requirements in
49 U.S.C. 22905, including FRA's Buy America requirement and conditions
explained in part at https://www.fra.dot.gov/page/P0185 and further in
section F.2 of this notice. Required documents and information for an
application package include the following:
------------------------------------------------------------------------
Application information NOFO section for guidance
------------------------------------------------------------------------
Project Narrative...................... See D.2.a.
Statement of Work...................... See D.2.b.i.
Benefit-Cost Analysis.................. See D.2.b.ii.
Environmental Compliance Documentation. See D.2.b.iii.
Draft Agreement required under 49 See D.2.b.iv.
U.S.C. 22905(c)(1), if applicable.
SF 424--Application for Federal See D.2.b.v.
Assistance \21\.
SF 424A--Budget Information for Non- See. D.2.b.vi.
Construction or SF 424C--Budget
Information for Construction.
SF 424B--Assurances for Non- See D.2.b.vii.
Construction or SF 424D--Assurances
for Construction.
FRA's F 30--Certifications Regarding See D.2.b.viii.
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial See D.2.b.ix.
Capability Questionnaire.
SF LLL--Disclosure of Lobbying See D.2.b.x.
Activities, if applicable.
------------------------------------------------------------------------
a. Project Narrative
---------------------------------------------------------------------------
\21\ The amount requested from the CRISI program on the SF-424
is the official record of request, and therefore must be consistent
with the amount requested in the Project Narrative and Statement of
Work documents, including the breakdown of Federal and Non-Federal
sources. For applications with discrepancies, FRA will defer to the
funding amount in the SF-424.
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This section describes the minimum content the applicant is
required to provide in the Project Narrative section 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 Summary.................... See D.2.a.ii.
III. Grant Funds, Sources and Uses of See D.2.a.iii.
Project Funds.
IV. Applicant Eligibility Criteria..... See D.2.a.iv.
V. Project Eligibility Criteria........ See D.2.a.v.
VI. Detailed Project Description....... See D.2.a.vi.
VII. Project Location.................. See D.2.a.vii.
VIII. Evaluation and Selection Criteria See D.2.a.viii.
IX. Project Implementation and See D.2.a.ix.
Management.
The applicant must provide the content listed above in a narrative
statement. The Project Narrative may not exceed 25 pages in length
(excluding cover pages, table of contents, and supporting
documentation). When 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............................. ...........................
Amount of CRISI Program Funding Requested $:
under this NOFO.
Amount of Proposed Non-Federal Match....... $:
Other Sources of Federal funding, if Provide funding source and
applicable. amount.
$:
Source(s) of Proposed Non-Federal Match.... ...........................
Total Project Cost......................... $:
Was a Federal Grant Application Previously Yes/No. If yes, please
Submitted for this Project?. specify the program,
funding year and project
title of the previous
application, and identify
any differences between
the applications.
City(ies), County(ies), State(s) Where the ...........................
Project is Located.
Is the Project Located in a Rural Area?.... Yes/No.
Congressional District(s) Where the Project ...........................
is Located.
Application Track(s) proposed to be funded ...........................
by this NOFO?
Lifecyle Stage(s) proposed to be funded by ...........................
this NOFO?
[[Page 22215]]
Current Lifecycle Stage and Anticipated ...........................
completion of current Lifecycle Stage?
Is the Project located on real property If yes, list real property
owned by someone other than the applicant?. owners and the nature of
the property interest.
Host Railroad/Infrastructure Owner(s) of ...........................
Project Assets;
Other impacted Railroad(s)................. ...........................
Tenant Railroad(s), if applicable.......... ...........................
If applicable, is a 49 U.S.C. 22905- Yes/No/Pending.
compliant Railroad Agreement executed or
pending?.
Is the project currently programmed in ANY Yes/No, and if yes,
medium- or long-range planning document: specify.
For example, State rail plan, or
interregional intercity passenger rail
systems planning study, State Freight
Plan, TIP, STIP, MPO Long Range
Transportation Plan, State Long Range
Transportation Plan, etc.?.
Is the project located on a potential Yes/No, if yes, specify the
corridor selected for the Corridor corridor(s).
Identification and Development Program?
\22\.
Is this a project eligible under 49 U.S.C. Yes/No.
22907(c)(2) that supports the development
of new intercity passenger rail service
routes including alignments for existing
routes?.
Is this a project eligible under 49 U.S.C. Yes/No.
22907(c)(11) that supports the development
and implementation of measures to prevent
trespassing and reduce associated injuries
and fatalities?.
If YES to the previous question, is this Yes/No.
project located in a county identified in
FRA's National Strategy to Prevent
Trespassing on Railroad Property?.
Is the application seeking consideration Yes/No.
for funding under the Maglev Grants
Program?.
ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project. Include challenges the proposed project aims to
address and summarize the intended outcomes and anticipated benefits
that will result from the proposed project.
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\22\ For more information about selected Corridors under the
Corridor Identification Program, please visit: https://railroads.dot.gov/elibrary/fy22-CID-program-selections.
---------------------------------------------------------------------------
iii. Grant Funds, Sources and Uses of Project Funds:
Project budgets should show how different funding sources will
share in each activity and present the data in dollars and percentages.
The budget should identify other Federal funds the applicant is
applying for, has been awarded, or intends to use. Funding sources
should be grouped into three categories: non-Federal, CRISI request,
and other Federal with specific amounts for each funding source. As
shown in the table format below, the applicant should indicate the
amount in dollars and percentages of CRISI or Maglev Grants Program
funding requested, the amount of non-Federal match, source(s) for all
non-Federal match,\23\ other Federal funds (if applicable), and the
total project cost. FRA may not award more funding for a project than
is requested in an application. The applicant should itemize funding by
project Lifecycle Stage(s) and by project activity. For a Major
Project, applicants are encouraged to provide an annualized budget in
year of expenditure dollars. Project budget information must be
consistent throughout all application materials, specifically the
Standard Form (SF) 424, Project Narrative, Statement of Work, and
funding commitment letters.\24\ The project budget should be specific
to the project scope described in the applicant's request for funding
under this NOFO. If the project proposed to be funded under this NOFO
is part of a larger scope, the applicant may reference the larger scope
in the Project Narrative but should only include the project scope
proposed to be funded under this NOFO within the budget table.
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\23\ Applicants should submit evidence of the availability of
Non-Federal funds, which may include a board resolution, letter of
support from the State, a budget document highlighting the line item
or section committing funds to the proposed project. The applicant
may provide this documentation in an appendix. Documentation of
previous and recent local investments in the project may evidence of
local financial commitment project, but cannot be used to satisfy
non-Federal matching requirements. Any funding commitment letters
must be signed by an authorized representative of the entity
providing a Non-Federal match.
\24\ If there is a discrepancy between materials, FRA will defer
to the funding amounts shown in the applicant's SF 424 as the amount
requested for funding.
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If applicable, the applicant should explain if the CRISI Program
request or other funds must be obligated or spent by a certain date.
If applicable, the applicant should provide the type and estimated
value of any proposed in-kind contributions, as well as explain how the
contributions meet the requirements in 2 CFR 200.306. If the applicant
is requesting set-aside funds per section B(1), identify the dedicated
activities and amount requested within the budget table.
Example Project Funding Table: Applicants may use the following
table to describe project funding, and may use additional rows and
columns, or additional project funding tables, as appropriate.
----------------------------------------------------------------------------------------------------------------
Task name/ Source of funds and
Task # project Cost Percentage of total citation, as
component cost applicable
----------------------------------------------------------------------------------------------------------------
1............................
----------------------------------------------------------------------------------------------------------------
2............................
----------------------------------------------------------------------------------------------------------------
Total Project Cost............................
----------------------------------------------------------------------------------------------------------------
Federal Funding Requested in
this Application (CRISI
Program Request).
----------------------------------------------------------------------------------------------------------------
[[Page 22216]]
Non-Federal Funding (State).. Cash:..........
In-Kind:.......
----------------------------------------------------------------------------------------------------------------
Non-Federal Funding (Private Cash:..........
Sector). In-Kind:.......
----------------------------------------------------------------------------------------------------------------
Non-Federal Federal Funding Cash:..........
(Local). In-Kind:.......
----------------------------------------------------------------------------------------------------------------
Other Committed Federal
Funding \25\ (e.g., Federal
Highway Administration,
congressionally directed/
earmark, other FRA grant
program funds--including
previous CRISI grants, etc.).
Note: If there are multiple
sources of other federal
funding, please break
funding down by each source.
----------------------------------------------------------------------------------------------------------------
Other Pending Federal Funding
Requests \26\.
----------------------------------------------------------------------------------------------------------------
Amount (if any) of funding
request eligible for set-
aside funds as described in
section B(1).
----------------------------------------------------------------------------------------------------------------
Portion of Total Project
Costs Spent in a Rural Area,
if applicable.
----------------------------------------------------------------------------------------------------------------
For Highway-rail grade If yes, how
crossing and trespass much?
prevention projects only.
Does some or all the
proposed Non-Federal Match
for the total project cost
consist of preliminary
engineering costs incurred
before project selection
(but after November 15,
2021)? \27\.
----------------------------------------------------------------------------------------------------------------
iv. Applicant Eligibility Criteria: In this section, the applicant
must explain how it meets the applicant eligibility criteria outlined
in section C of this NOFO and include citations to appropriate
authorities that demonstrate the applicant's eligibility to receive
federal funds. For example, if the applicant is a political subdivision
of a State, public agency or publicly chartered authority established
by one or more States, the applicant should provide relevant
legislative language, including citations to the applicable enabling
legislation, that demonstrate the applicant's legal status. Applicants
that fail to adequately demonstrate their legal status may be found
ineligible and their application will not be reviewed.
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\25\ For other Federal funding sources proposed as match, the
applicant should explain why the Federal funds are eligible as match
and the legal basis for that determination.
\26\ For other Federal funds that will be used for the project,
the applicant should identify the Federal program and fiscal year of
the funding request(s), as well as highlight new or revised
information in the application responsive to this NOFO that differs
from the application(s) to other financial assistance programs.
\27\ If seeking to use Preliminary Engineering costs as match
for a Highway-Rail Grade Crossing Improvement Project or trespassing
prevention projects, please identify the costs incurred before
project selection (but after November 15, 2021).
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v. Project Eligibility Criteria: Explain how the proposed project
meets the project eligibility criteria in section C(3) of this NOFO.
vi. Detailed Project Description: In this section, the applicant
must provide a detailed project description that expands upon the brief
project summary. This detailed description should provide, at a
minimum: additional background on the challenges the project aims to
address; a summary of current and proposed railroad operations in the
project area and service frequency, which should include identification
of all railroad owners and operators; typical daily, weekly, or annual
train counts by operator; the primary expected project outcomes such as
increased safety outcomes or reduced delays, improved rail network
asset condition and performance, or similar outcomes and benefits; the
expected users and beneficiaries of the project, including all railroad
operators; the specific components and elements of the project; and any
other information the applicant deems necessary to justify the proposed
project. For all projects, applicants must provide information about
proposed performance measures, as described in section F(3) and
required in 2 CFR 200.301.
(A) Grade crossing information, if applicable: For any project that
includes grade crossing components, applicants must provide the
following information for each grade crossing to be addressed in the
application. The following table
[[Page 22217]]
format can be used within the Project Narrative or, if more space is
needed, in a separate, unlocked Excel file attachment (the table will
not count against the 25-page Project Narrative page limit):
1. US DOT grade crossing inventory number (for projects involving
pathway-rail grade crossings that do not have US DOT grade crossing
inventory numbers or data, applicants should provide as much locational
data as possible); \28\
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\28\ To find US DOT grade crossing inventory number(s) and
location(s) please see https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search. Applicants are
encouraged to review and reference safety data including the most
recent 5-year history of highway-rail crossing incidents relevant to
their project on FRA's public safety website: https://safetydata.fra.dot.gov/OfficeofSafety/publicsite/crossing/crossing.aspx or https://data.transportation.gov/dataset/Highway-Rail-Grade-Crossing-Accident-Data-Form-57-/aeeh-bp8c/explore.
---------------------------------------------------------------------------
2. The proposed improvement requested in the application, using
``new, separated, closed or improved'' (such as gate additions, lights,
etc.) to describe proposed improvement;
3. The operator(s) (i.e., the entity(ies) that operates on the
railroad right-of-way);
4. The property owner (i.e., the entity(ies) which own the
underlying property or right-of-way;
5. The infrastructure owner (i.e., the entity that owns the
infrastructure within the railroad right-of-way); and
6. The grade crossing location latitude and longitude coordinates,
expressed with at least five decimal places of precision.\29\
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\29\ For example, if a project was proposed to take place at the
Department of Transportation Headquarters in Washington, DC then the
reported latitude should be 38.87589 and the longitude should be
reported as-77.00337.
---------------------------------------------------------------------------
Example Table 1. In Project Narrative or attached as an appendix in
unlocked Excel file format:
----------------------------------------------------------------------------------------------------------------
Latitude coordinates Longitude
US DOT grade Proposed Rail Railroad (at least five coordinates (at
crossing inventory # improvement operator(s) owner decimal places of least five decimal
precision) places of precision)
----------------------------------------------------------------------------------------------------------------
............... ............... ............ .................... ....................
----------------------------------------------------------------------------------------------------------------
............... ............... ............ .................... ....................
----------------------------------------------------------------------------------------------------------------
............... ............... ............ .................... ....................
----------------------------------------------------------------------------------------------------------------
* Example Table 1: Grade Crossing Information for Proposed Project.
In addition, if applicable, applicants should provide the page
number in the State Highway-Rail Grade Crossing Action Plan where the
grade crossing is referenced. Applicants should specify whether the
project will result in the elimination of one or more grade crossings
through grade separation or otherwise.
(B) Heavily traveled rail corridor information, if applicable: For
any project eligible under the eligibility category that reduces
congestion and facilitates ridership growth in Intercity Passenger Rail
Transportation, applicants must describe how the project is located on
a heavily traveled rail corridor.
(C) PTC information, if applicable: For any project that includes
deploying PTC, applicants must: (1) document submission of a Positive
Train Control Implementation Plan (PTCIP) to FRA pursuant to either 49
U.S.C. 20157(a) or 49 CFR part 236, subpart I (FRA's PTC regulations);
(2) document that it is a tenant on one or more host railroads that
submitted a PTCIP to FRA; or (3) document how the proposed project will
assist in the deployment (i.e., installation and/or full
implementation) of PTC, including whether the PTC technology is being
implemented voluntarily or pursuant to the statutory mandate for
certain main lines.
(D) Workforce development and training information, if applicable:
For any project that includes workforce development, applicants must
document to the extent practicable similar existing local training
programs supported by the Department of Transportation, the Department
of Labor, and/or the Department of Education. The applicant must also
(a) describe whether the workforce development project incorporates
union representation, and (b) describe any involvement or partnership
with existing in-house skills training programs, unions and worker
organizations, community colleges and public school districts,
community-based organizations, supportive services providers, pre-
apprenticeships tied to registered apprenticeships, registered
apprenticeship programs and other labor-management training programs,
or other quality workforce training providers. Applicants are strongly
encouraged to outline their plan to recruit, train, and retain a
locally hired, diverse workforce.
(E) Trespassing injury and fatality prevention and reduction, if
applicable: Provide documentation indicating whether the project is
located in a county(ies) with high pedestrian trespasser casualties, as
identified in FRA's National Strategy to Prevent Trespassing on
Railroad Property, whether the applicant has incorporated the Community
Trespass Prevention Program \30\ into their project approach, whether
and how law enforcement agencies will undertake trespass enforcement
activities as part of a larger strategy, whether the project would
include funding for law enforcement wages to undertake trespass
enforcement activities,\31\ and how and whether the project targets hot
spots identified by geospatial data. If the project includes an
outreach campaign to reduce suicide by railroad, applicants must
provide a detailed description of the proposed outreach campaign,
including (but not limited to) relevant data on rail-related suicides
in the project location, the manner and extent to which trespass
suicide is expected to be reduced, and examples of prior efforts to
address rail-related suicide.
---------------------------------------------------------------------------
\30\ The Community Trespass Prevention Program is a problem-
solving model designed to provide a step-by-step approach for
dealing with trespassing issues in communities. For more
information, see https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/1265/USCommunityTrespassPreventionGuide_2010F%282-29%29.pdf.
\31\ Funding for law enforcement activities is limited to hourly
wages for law enforcement officials to undertake enforcement
activities at areas that demonstrate a rail trespassing problem in
their community on FRA-regulated track. The hourly rate for law
enforcement officers performing enforcement activities should be
limited to the officer's regular and overtime wage rate (e.g. 1.5
times the base rate).
---------------------------------------------------------------------------
(F) Emissions reductions information, if applicable: For any
projects involving rehabilitating, remanufacturing, procuring, or
overhauling locomotives resulting in significant reduction of
emissions, identify the number of locomotives that will be procured,
replaced, or retired. Also, describe the
[[Page 22218]]
anticipated emissions reductions earned and fuel saving estimates. FRA
has developed the Locomotive Emissions Comparison Tool, which
applicants may use to calculate locomotive emissions reductions. The
Tool is available at: https://railroads.dot.gov/elibrary/fra-locomotive-emissions-comparison-tool.
(G) Community Emergency Plans, if applicable: For projects
involving the preparation of emergency plans for communities through
which hazardous materials are transported by railroad, include
commitments for coordination by stakeholders including representatives
from the chemical manufacturing industry, distributors, shippers,
railroads (and other transportation industry and supply chain
representatives), emergency response providers (including firefighters,
emergency medical technicians hazmat employees, and law enforcement)
and federal, state and local governments. Based on information provided
by the transporting railroads, identify the hazardous materials
transported through the relevant community by hazard class as defined
in 49 CFR 173.2. Proposed plans should address all such hazardous
materials and may include rationales for focusing on certain hazardous
materials if appropriate. Include the emergency types planned for and
the approach for developing and communicating the plan. Include a
description of proposed training, including frequency (funding may be
sought for projects extending multiple years) and attendees and any
required materials.
(H) Maglev Grants Program Magnetic Levitation Transportation
Projects, if applicable. Applicants must provide a detailed description
of the project, which should include, at a minimum: background on the
current transportation challenges the project aims to address, the
expected users, beneficiaries, and outcomes of the project, and any
other information the applicant deems necessary to justify the proposed
project. Applicants should provide specific information regarding the
relevance or relationship of the proposed project to other investments
in the region along the corridor, as well as the operating changes that
are anticipated to result from the introduction and integration of
Maglev services within existing transportation corridors and assess the
major risks (including safety risks and energy consumption) or
obstacles to Maglev's successful deployment and operation. Provide
information on the variety of operating conditions that would be
expected for the project area, which may include, for example, a
variety of at-grade, elevated and depressed guideway structures;
extreme temperatures; or intermodal connections at terminals. Provide a
detailed summary of all work completed to date, including any
preliminary engineering work, the project's previous accomplishments
and funding history including Federal financial assistance, and a
chronology of key documents produced and funding events (e.g., grants
and financing). The applicant should specify whether they are 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.
vii. Project Location: Applicants must include geospatial data for
the project, as well as a map of the project's location. Geospatial
data must be expressed in decimal degrees for latitude and longitude
with at least five decimal places of precision. If the project includes
a length of track or corridor development, the start and end
coordinates for each corridor or segment must be provided. Milepost,
railroad, and subdivision identifiers can also be provided but must be
accompanied by corresponding latitudes and longitudes. For projects
with multiple locations, the corresponding geospatial data must be
included for each location, with individual columns for latitude and
longitude, in table form as an attachment to the application. On the
map, include the Congressional districts in which the project will take
place.
viii. Evaluation and Selection Criteria: The applicant must include
a thorough discussion of how the proposed project meets the evaluation
and selection criteria. As described in section E, FRA will evaluate
applications based on project readiness, technical merit and project
benefits, and will consider how the applicant's project aligns with the
Administration Priorities. If an application does not sufficiently
address the evaluation criteria and the selection criteria, it is
unlikely to be a competitive application. Applicants are expected to
follow the directions and format requested in this NOFO, and adherence
to these directions will be considered in evaluations. Applicants are
encouraged to include quantifiable railroad data, such as information
on delay, failure or safety incidents, daily train movement, or similar
metrics, and should include qualitative data on accessibility
improvements to either new or existing assets. To the extent feasible,
such railroad metrics should be provided and analyzed discretely for
intercity passenger rail and, if applicable, commuter rail passenger
transportation and freight rail transportation services involved in the
proposed project. For more information on performance metrics see FRA's
Metrics and Minimum Standards for Intercity Passenger Rail Service,
available at: https://railroads.dot.gov/elibrary/metrics-and-standards-final-rule-november-16-2020.
xiii. Project Implementation and Management: Applicants must
describe proposed project implementation and project management
arrangements. Include descriptions of the expected arrangements for
project contracting (construction, maintenance and operation), contract
oversight and control, change-order management, risk management, and
conformance to Federal requirements for project progress reporting (see
FRA Reports, available at: https://www.fra.dot.gov/Page/P0274).
Further, applicants must provide their plan for taking affirmative
steps to employ small businesses consistent with 2 CFR 200.321.
Describe experience in managing and overseeing similar projects; the
technical qualifications and demonstrated experience of key personnel
proposed to lead and perform the technical efforts; and the
qualifications of the primary and supporting organizations to fully and
successfully execute the proposed project within the proposed timeframe
and budget, including a discussion of the factors in 2 CFR 200.206(b)
and the proposed approach to assessing and mitigating project risk.
b. Additional Application Elements
Applicants must submit the following documents and forms. Note, the
Standard OMB Forms needed for the electronic application process are
available at: www.Grants.gov.
i. A Statement of Work (SOW) addressing the scope, schedule,
budget, and performance measures for the proposed project if it were
selected for award. The applicant should include sufficient detail in
the SOW so FRA 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 are expected to include Articles 4-7 of
Attachment 2: Project Specific Terms and Conditions, at a minimum.\32\
Applications that do not follow this format may be considered
incomplete and may not be reviewed.
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\32\ https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------
When preparing the budget, the total cost of a project must be
based on the
[[Page 22219]]
best available information as indicated in cited references that
include engineering studies, economic feasibility studies,
environmental analyses, and information on the expected use of
equipment or facilities. Applicants must include annual budget
estimates in year of expenditure dollars for the duration of the
project.
ii. A Benefit-Cost Analysis (BCA), as an appendix to the Project
Narrative, for each project described in the application. A Benefit-
Cost Analysis is required for all CRISI program submissions. The BCA
must demonstrate in economic terms the merits of investing in the
proposed project. Estimates of benefits should be presented in monetary
terms whenever possible; if a monetary estimate is not possible, the
applicant should provide a quantitative estimate (in physical, non-
monetary terms, such as crash or employee casualty rates, ridership
estimates, emissions levels, energy efficiency improvements, etc.). The
BCA for Track 1 Planning and Track 2 Project Development projects
should be for the underlying project, not the planning or PE/NEPA work
itself. The Project Narrative should summarize the project's benefits,
and should draw from the BCA, as necessary, for quantitative support.
Benefits may apply to existing and new rail users, as well as users
of other modes of transportation. In some cases, benefits may be
applied to populations in the general vicinity of the project area.
Improvements to multimodal connections and shared-use rail corridors
may benefit all users involved. Benefits may be quantified for savings
in safety costs, reduced costs from disruption of service, maintenance
costs, reduced travel time, emissions reductions, and increases in
capacity or ability to offer new types of freight or passenger
services. Applicants may also describe other categories of benefits
that are difficult to quantify such as noise reduction, environmental
impact mitigation, improved quality of life, or reliability of travel
times. All benefits claimed for the project must be clearly tied to the
expected outcomes of the project. Please refer to the Benefit-Cost
Analysis Guidance for Discretionary Grant Programs prior to preparing a
BCA, available at: https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition,
please also refer to FRA's BCA FAQs for some rail-specific examples of
how to apply the BCA Guidance for Discretionary Grant Programs to CRISI
funding found here: https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/19011/BCA_FAQ_updated_Sept2019.pdf.
iii. Environmental compliance documentation, as applicable, if a
website link to such documentation is not provided in the Project
Narrative.
Applicants should explain what Federal (and, if appropriate, State,
Tribal, and local) environmental compliance and permitting requirements
have been completed. Such requirements include NEPA and other Federal,
Tribal, local, and State environmental permitting requirements, if
applicable. For all other Federal, State, Tribal, and local permitting
requirements, the applicant should describe which permits apply, the
status of those reviews, and the expected timeline for completion. If
the NEPA process is complete, an applicant should indicate the date of
completion, and provide a website link or other reference to the
documents demonstrating compliance with NEPA, which might include a
final Categorical Exclusion determination documentation, Finding of No
Significant Impact, or Record of Decision. If the NEPA process is not
yet underway, the application should state this. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all NEPA and other environmental
requirements. Additional information regarding FRA's environmental
processes and requirements is located at https://fra.dot.gov/environment.
iv. Draft or finalized agreement required under 49 U.S.C.
22905(c)(1), if applicable. Provide information about the status of
agreements with infrastructure owners. FRA encourages early cooperation
between applicants and any relevant infrastructure owners. Under
section 22905(c)(1), a grant applicant must have entered into a written
agreement with a railroad that owns rights-of-way to be used by the
project (referred to as the 22905 Agreement) prior to grant obligation.
If the agreement is complete at the time of the application, an
applicant should indicate the agreement's effective date, and provide a
website link or attach the agreement as part of the application.
Applicants are also encouraged to provide draft agreements. The written
agreement between the grantee and the railroad should describe use and
ownership, including any compensation for such use; assurances
regarding the adequacy of infrastructure capacity to accommodate both
existing and future freight and passenger operations; an assurance by
the railroad that collective bargaining agreements with the railroad's
employees including terms regulating the contracting of work will
remain in full force and effect according to their terms for work
performed by the railroad on the railroad transportation corridor; and
an assurance that the grantee complies with liability requirements
consistent with 49 U.S.C. 28103. For additional guidance see the FRA
Answers to Frequently Asked Questions about Rail Improvement Grant
Conditions under 49 U.S.C. 22905(c)(1): https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
v. SF 424--Application for Federal Assistance.
vi. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
vii. SF 424B--Assurances for Non-Construction or SF 424D--
Assurances for Construction.
viii. 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-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
ix. FRA F 251--Applicant Financial Capability Questionnaire,
located at https://railroads.dot.gov/elibrary/fra-f-251.
x. SF LLL--Disclosure of Lobbying Activities.
c. Post-Selection Requirements
See section F(2) of this notice for post-selection requirements.
3. Unique Entity Identifier and System for Award Management (SAM)
To apply for funding through Grants.gov, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration all as described in detail below.
Complete instructions on how to register and submit an application can
be found at www.Grants.gov. Registering with Grants.gov is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date.
FRA may not make a grant award to an applicant until the applicant
has
[[Page 22220]]
complied with all applicable SAM requirements, and if an applicant has
not fully complied with the requirements by the time the Federal
awarding agency is ready to make a Federal award, the Federal awarding
agency may determine that the applicant is not qualified to receive a
Federal award and use that determination as a basis for making a
Federal award to another applicant. Late applications, including those
that are the result of a failure to register or comply with Grants.gov
applicant requirements in a timely manner, will not be considered. If
an applicant has not fully complied with the requirements by the
submission deadline, the application will not be considered. To submit
an application through Grants.gov, applicants must follow the
directions below in subsection D.
a. Register With the SAM at www.SAM.gov
All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in Grants.gov. The SAM
database is the repository for standard information about Federal
financial assistance applicants, grantees, and subrecipients.
Organizations that have previously submitted applications via
Grants.gov are already registered with SAM, as it is a requirement for
Grants.gov registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a grantee's immediate and
highest-level owner and subsidiaries, as well as on all predecessors
that have been awarded a Federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at www.SAM.gov.
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
(www.SAM.gov). This new identifier is called the Unique Entity
Identifier (UEI), or the Entity ID. To find or request a Unique Entity
Identifier, please visit www.SAM.gov.
c. Create a Grants.gov Username and Password
Applicants must complete an Authorized Organization Representative
(AOR) profile on www.Grants.gov and create a username and password.
Applicants must use the organization's UEI to complete this step.
Additional information about the registration process is available at:
https://www.grants.gov/applicants/applicant-registration.
d. Acquire Authorization for Your AOR From the E-Business Point of
Contact (E-Biz POC)
The E-Biz POC at the applicant's organization must respond to the
registration email from Grants.gov and login at www.Grants.gov to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This
NOFO
If an applicant has trouble at any point during this process,
please call the Grants.gov Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: https://www.grants.gov/support.
4. Submission Dates and Times
Applicants must submit complete applications to www.Grants.gov no
later than 11:59 p.m. ET, May 28, 2024. Applicants will receive a
system-generated acknowledgement of receipt. FRA reviews www.Grants.gov
information on dates/times of applications submitted to determine
timeliness of submissions. Late applications will be neither reviewed
nor considered, no exceptions. To apply for funding under this
announcement, all applicants are required to be registered as an
organization with Grants.gov. Applicants are strongly encouraged to
apply early to ensure all materials are received before this deadline.
To ensure fair competition for limited discretionary funds, no late
submissions will be reviewed for any reason, including: (1) failure to
complete the Grants.gov registration process before the deadline; (2)
failure to follow Grants.gov instructions on how to register and apply
as posted on its website; (3) failure to follow all the instructions in
this NOFO; and (4) technical issues experienced with the applicant's
computer or information technology environment.
5. Intergovernmental Review
Intergovernmental Review is required for this program. Applicants
must contact their State Single Point of Contact to comply with their
state's process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as applicable, FRA will only approve
pre-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.\33\ Under 2 CFR 200.458, grant recipients must seek written
approval from FRA for pre-award activities to be eligible for
reimbursement under the grant. Activities initiated prior to the
execution of a grant or without FRA's written approval may be
ineligible for reimbursement or matching contribution. Cost sharing or
matching may be used only for authorized Federal award purposes.
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\33\ For more information on pre-award costs, see FRA Answers to
Frequently Asked Questions about Pre-Award Authority, available at:
https://railroads.dot.gov/elibrary/federal-railroad-administration-answers-frequently-asked-questions-about-pre-award.
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Applicants may count costs incurred for Preliminary Engineering
costs on highway-rail grade crossing projects, as described in 49
U.S.C. 22907(c)(5), and trespassing prevention projects, as described
in 49 U.S.C. 22907(c)(11), as part of the total project costs. Such
costs are eligible as non-Federal share or reimbursement, even if they
were incurred before project selection for award, consistent with 49
U.S.C. 22907(h)(4). Such costs must have been incurred no earlier than
November 15, 2021, and must be otherwise compliant with 2 CFR part 200
and the requirements of this NOFO.
7. Other Submission Requirements
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.
[[Page 22221]]
E. Application Review Information
1. Criteria
a. Eligibility and Completeness
FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in section C of this
NOFO), completeness (application documentation and submission
requirements are outlined in section D of this NOFO), and the 20
percent minimum non-Federal match.
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine project
readiness, technical merit, and project benefits.
i. Project Readiness:
In evaluating Project Readiness, FRA will evaluate project and
applicant risk based on the applicant's preparedness and capacity to
implement the proposed project, including whether the applicant is
reasonably equipped to begin the capital or planning project in a
timely manner to meet its proposed schedule. FRA will evaluate whether
the applicant is able to meet project milestones and use Federal funds
efficiently to deliver the proposed project.\34\
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\34\ Additional information on DOT's Project Readiness checklist
can be found here: https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants.
---------------------------------------------------------------------------
FRA will evaluate the application for the degree to which--
(A) The application demonstrates strong project readiness,
evidenced by status of required NEPA actions and environmental
permitting readiness (if applicable);
(B) The status and timeline of agreements, such as an agreement
required under 49 U.S.C. 22905(c)(1), necessary for the legal,
financial, and technical capacity to complete the project as proposed,
are sufficiently developed;
(C) The application identifies the appropriate Lifecycle Stage(s)
for the proposed project, demonstrates that the project has completed
or will complete any preceding Lifecycle Stage(s), and the project is
able to complete all requirements of the identified Lifecycle Stage(s);
and
(D) Project partner coordination and commitments, including letters
of support, agreements, and funding, are secured or able to be secured
without undue delay.
ii. Technical Merit:
In evaluating Technical Merit, FRA will evaluate the degree to
which the application, statement of work, schedule and budget are
reasonable and appropriate to achieve the expected outcomes, commitment
of necessary resources and workforce to deliver the project, and the
proposed project elements are appropriate for the project funding
request. FRA will also consider applicant risk, including the
applicant's past performance in developing and delivering similar
projects.
FRA will evaluate application information for the degree to which--
(A) The tasks and subtasks outlined in the statement of work (SOW)
are appropriate to achieve the expected outcomes of the proposed
project;
(B) The technical qualifications and experience of key personnel
the applicant proposes to lead and perform the technical efforts,
including the qualifications of the primary and supporting
organizations, demonstrates the ability to fully and successfully
execute the proposed project within the proposed time frame and budget;
(C) The proposed project's business plan considers potential
private sector participation in the financing, construction, or
operation of the proposed project.
(D) The applicant has, or will have, the legal, financial, and
technical capacity to carry out the proposed project; satisfactory
continuing control over the use of the equipment or facilities; and the
capability and willingness to maintain the equipment or facilities.
(E) The degree to which the applicant and project deploy innovative
technology, encourage innovative approaches to project delivery, and
incentivize the use of innovative financing.
(F) The proposed project is consistent with planning guidance and
documents set forth by DOT, including those required by law or State
rail plans developed under title 49, United State Code, chapter 227.
For projects identified as Deployment of Magnetic Levitation
Transportation Projects (Track 5), FRA will also evaluate application
information for the degree to which--
(A) The project would feasibly integrate Maglev systems with
conventional rail systems, such as establishing efficient connections
and transfers.
(B) The funds awarded under this section would result in
investments that are beneficial not only to the Maglev project, but
also to other current or near-term transportation projects.
(C) The project demonstrates: (a) The potential for public-private
partnerships and (b) that the project will stand alone as a complete,
self-sustaining operation where fully allocated operating expenses of
the Maglev service are projected to be offset by revenues attributable
to the service.
(D) The financial commitment to the construction of the proposed
project from both non-Federal public and private sources is
demonstrated.
(E) The project demonstrates coordination and consistency with any
applicable ongoing or completed environmental and planning studies for
passenger rail on or connecting to the geographic route segment being
proposed for Maglev investment.
(F) The project will successfully operate in the variety of Maglev
operating conditions which are to be expected in the United States.
(G) The project may feasibly be capable of safe use by the public
at a speed in excess of 240 miles per hour.
iii. Project Benefits:
FRA will evaluate the Benefit-Cost Analysis and as well as the
project benefits of the proposed project for the anticipated private
and public benefits relative to the costs of the proposed project and
the summary of benefits provided in the narrative and in response to
subsection D.2.b.ii including--
(A) Effects on system and service performance;
(B) Effects on safety, competitiveness, reliability, trip or
transit time, and resilience;
(C) Efficiencies from improved integration with other modes; and
(D) Ability to meet existing or anticipated demand.
For each evaluation criterion--Project Readiness, Technical Merit
and Project Benefits--FRA will evaluate whether the application
demonstrates level of risk or responsiveness, as applicable, as
described in the rubrics below.
For each merit criterion, FRA will use rubric ratings with applied
criteria to evaluate whether the applications meet the defined
thresholds:
[[Page 22222]]
Merit Criteria Ratings--Project Readiness
For the Project Readiness Criteria described in section E(2)(a), FRA
will evaluate the application's responsiveness to the criteria,
including an assessment of supporting justifications, and assign a
cumulative Project Readiness risk rating.
------------------------------------------------------------------------
Unacceptable High risk Medium risk Low risk
------------------------------------------------------------------------
Application Application Application Application
provides limited provides provides provides
or no insufficient sufficient thorough and
information information to information to complete
necessary to assess the assess the information and
assess the project project evidence to
project readiness readiness assess the
readiness criteria; criteria; project
criteria; application does demonstrates readiness
application does not demonstrate support, criteria, and
not demonstrate sufficient progress, or demonstrates
support, support, completion on strong support,
progress, or progress, or one or more progress, or
completion of completion of required completion on
required required Lifecycle required
Lifecycle Lifecycle Stage(s) pre- Lifecycle
Stage(s) pre- Stage(s) pre- requisites, but Stage(s) pre-
requisites; or requisites but indicates some requisites, and
application indicates risk risk to indicates
contains one or to advancing the advancing the minimal risk to
more significant project without project in a advancing the
barriers that foreseeable timely manner; project in a
would prevent delays; or and the timely manner;
project application application and application
delivery. contains a does not does not
barrier that contain a contain a
would likely barrier that barrier that
prevent project would likely would likely
delivery in any prevent project prevent project
of these areas. delivery in any delivery in any
of these areas. of these areas.
------------------------------------------------------------------------
Merit Criteria Ratings--Technical Merit
For the Technical Merit Criteria described in section E(2)(b), FRA will
evaluate the application's responsiveness to the criteria, including an
assessment of supporting justifications, and assign a cumulative
technical merit rating.
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
provides limited contains provides provides
or no insufficient sufficient thorough and
information information to information and complete
necessary to assess one or evidence to information and
assess the more of the assess the evidence to
technical merit technical merit technical merit assess the
criteria, or criteria, or criteria and technical merit
application application demonstrates criteria, and
demonstrates one demonstrates that the sufficiently
or more technical applicant can demonstrates
significant challenges that deliver the that the
technical could affect project with project can be
challenges that project minimal successfully
would prevent delivery, but technical delivered by
the applicant not prevent the challenges. the applicant.
from delivering applicant from
the project. delivering the
project.
------------------------------------------------------------------------
Merit Criteria Ratings--Technical Merit (Only Applicable to Applications
That Request Funding Under the Maglev Grants Program)
For projects identified as Deployment of Magnetic Levitation
Transportation Projects in section E(2)(b), FRA will also evaluate the
application's responsiveness to the criteria, including an assessment of
supporting justifications, and assign a cumulative technical merit
rating.
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
The application Application Application Application
provides little contains provides provides
or no insufficient sufficient thorough and
information information to information and complete
necessary to assess one or evidence to information and
assess the more of the assess the evidence to
technical merit technical merit technical merit assess the
criteria, or criteria, or criteria and technical merit
application application demonstrates criteria, and
demonstrates one demonstrates that the sufficiently
or more technical applicant can demonstrates
significant challenges that deliver the that the
technical could affect project with project can be
challenges that project minimal successfully
would prevent delivery, but technical delivered by
the applicant not prevent the challenges. the applicant.
from delivering applicant from
the project. delivering the
project.
------------------------------------------------------------------------
Merit Criteria Ratings--Project Benefits
For the Project Benefits Criteria described in section E(2)(c), FRA will
evaluate the application's responsiveness to the criteria, including an
assessment of supporting justifications, and assign a cumulative Project
Benefits rating.
------------------------------------------------------------------------
Highly
Unacceptable Acceptable Responsive responsive
------------------------------------------------------------------------
Application The application Application Application
provides contains limited provides provides
insufficient information to sufficient thorough and
information assess the information to complete
necessary to project benefits assess the information and
assess the criteria; or the project evidence to
project benefits project is not benefits assess the
criteria, and likely to criteria, and project
does not achieve all of adequately benefits
demonstrate that its intended demonstrates criteria, and
the project will benefits. that the sufficiently
achieve its project will demonstrates
intended likely achieve that the
benefits. its intended project will
benefits. achieve its
intended
benefits.
------------------------------------------------------------------------
In addition to the ratings described above, FRA will also apply the
selection preferences described in section E(3)(a) and consider the
Administration Priorities described in section E(3)(b).
c. Selection Criteria
After completing the merit review, FRA will apply the selection
criteria and consider the Administration Priorities in this section.
i. FRA will give preference to eligible projects in the following
circumstances:
(A). The project may not be addressed by other FRA grant programs
including short line railroad infrastructure and equipment, safety
projects and technology, workforce development, congestion relief
projects addressing freight and passenger rail chokepoints, and
intercity passenger rail state of good repair (on shared public-private
and publicly owned infrastructure);
(B) The proposed Federal share of total project costs does not
exceed 50 percent; \35\
---------------------------------------------------------------------------
\35\ This preference applies to funds made available by IIJA,
division J. However, 49 U.S.C. 22907(e)(1)(A) does not apply to
projects funded by the 2023 Appropriation. Because the preference
still applies to the IIJA funding, FRA encourages applicants to
identify sufficient non-Federal contribution so that the Federal
share does not exceed 50 percent.
---------------------------------------------------------------------------
(C) The net benefits of the grant funds will be maximized
considering the Benefit-Cost Analysis, including
[[Page 22223]]
anticipated private and public benefits relative to the costs of the
proposed project, and factoring in the other considerations in 49
U.S.C. 22907(e)(2); \36\ and
---------------------------------------------------------------------------
\36\ These benefits may include the effects on system and
service performance, including measures such as improved safety,
competitiveness, reliability, trip or transit time, resilience,
efficiencies from improved integration with other modes, the ability
to meet existing or anticipated demand, and any other benefits.
---------------------------------------------------------------------------
(D) The project is eligible under 49 U.S.C. 22907(c)(11), for the
development and implementation of measures to prevent trespassing and
reduce associated injuries and fatalities that are located in the top
25 counties with the most pedestrian casualties.\37\ In addition, FRA
is strongly interested in applications that incorporate a comprehensive
approach to project development such as is described in FRA's Community
Trespass Prevention Program, and will prioritize selections for those
applications that involve multiple project partners and include
infrastructure improvements in combination with a safety program
focused on enforcement and outreach.
---------------------------------------------------------------------------
\37\ FRA has identified these 25 counties through https://railroads.dot.gov/safety-data, and includes the following:
California (Los Angeles, San Bernardino, Kern, San Joaquin, Alameda,
Contra Costa, Fresno, Riverside, Sacramento, Santa Clara, Orange,
Stanislaus, San Diego); Florida (Palm Beach, Broward); Illinois
(Cook); Nevada (Clark); Oregon (Multnomah); Pennsylvania
(Philadelphia); Tennessee (Davidson); Texas (Tarrant, Dallas, Bexar,
Harris); and Washington (King).
---------------------------------------------------------------------------
ii. Administration Priorities:
FRA will consider projects that address the following key
Administration Priorities:
Safety: FRA will assess the project's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Department's strategic goal to reduce transportation-related
fatalities and serious injuries across the transportation system. Such
considerations will include, but are not limited to, the extent to
which the project improves and upgrades infrastructure to achieve a
higher level of safety, reduces incidences of rail-related trespassing,
upgrades infrastructure to achieve a higher level of safety, and uses
an appropriately trained workforce. Overall, FRA expects that projects
will provide positive safety benefits for all users and not negatively
impact safety for all users.
Climate Change and Sustainability: FRA will assess the project's
ability to reduce the harmful effects of climate change and anticipate
necessary improvements to prepare for extreme weather events. Such
considerations may include, but are not limited to, the extent to which
the project reduces emissions, promotes energy efficiency, increases
resiliency, incorporates evidence-based climate resilience measures or
features, and avoids adverse environmental impacts to air or water
quality, wetlands, and endangered species. Projects that lead to a
significant reduction of emissions resulting from rehabilitating,
remanufacturing, procuring, and overhauling a locomotive meet the
objective of this priority.
Applicants are encouraged to use the DOT Navigator Climate
checklist in responding to this criterion. Applications that are rated
highly on this criterion will be those that use data-driven and
evidence-based methods to demonstrate that the project will:
Significantly reduce GHG emissions in the transportation
sector; and
Incorporate evidence-based climate resilience measures or
features.
Equity and Justice40: FRA will assess elements including how the
project will create positive outcomes that will reduce, mitigate, or
reverse how a community is experiencing disadvantage through increasing
affordable transportation options, improving health or safety, reducing
pollution, connecting Americans to good-paying jobs, fighting climate
change, and/or improving access to nature, resources, transportation or
mobility, and quality of life. FRA will consider the benefits and
potential burdens a project may create, who would experience them and
how the benefits and potential burdens will impact disadvantaged
communities.
Applicants are encouraged to use Climate & Economic Justice
Screening Tool (CEJST), a new tool by the White House Council on
Environmental Quality (CEQ), that aims to help Federal agencies
identify disadvantaged communities as part of the Justice40 initiative
to accomplish the goal that 40% of benefits from certain federal
investment reach disadvantaged communities. Applicants should use CEJST
as the primary tool to identify disadvantaged communities (Justice40
communities). Applicants are strongly encouraged to use the USDOT
Equitable Transportation Community (ETC) Explorer to understand how
their community or project area is experiencing disadvantage related to
lack of transportation investments or opportunities. Through
understanding how a community or project area is experiencing
transportation-related disadvantage, applicants are able to address how
the benefits of a project will reverse or mitigate the burdens of
disadvantage and demonstrate how the project will address challenges
and accrued benefits.
Applicants are strongly encouraged to use the FRA's Justice40 Rail
Explorer Tool, (https://usdot.maps.arcgis.com/apps/webappviewer/?id=fd9810f673b64d228ae072bead46f703) to identify the rail
infrastructure in their project and features of the surrounding
community as the basis of their assessment. The FRA Justice40 Rail
Explorer Tool is a rail-specific complement to the USDOT ETC Explorer
and leverages the same methodology and metrics. The FRA Justice40 Rail
Explorer Tool provides GIS information on existing rail infrastructure,
communities, and pollution levels based on the proposed project's
location, and applicants can thus use this tool to note how their
project location scores across several different measures.
Transportation disadvantaged communities experience burden, as a result
of underinvestment in transportation, in the following five components:
Transportation Insecurity, Climate and Disaster Risk Burden,
Environmental Burden, Health Vulnerability, and Social Vulnerability.
Workforce Development, Job Quality, and Wealth Creation: FRA will
assess how the project will create good-paying, safe jobs with free and
fair choice to join a union including through the use of a project
labor agreement, promote investments in high-quality workforce
development programs, adopt local and economic hiring preferences for
the project workforce, and promote local inclusive economic and
entrepreneurship programs.
For Administration Priorities, FRA will consider the application's
responsiveness to the criteria, and will result in a rating of ``Non-
responsive, ``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as
described in the rubric below. Applicants do not need to respond to all
of the Administration Priorities if the criterion is not applicable to
the proposed project.
[[Page 22224]]
Administration Priorities
For the Administration Priorities Criteria described in section E(3)(b),
FRA will consider the application's responsiveness to the criteria,
including an assessment of supporting justifications.
------------------------------------------------------------------------
Highly
Non-responsive Acceptable Responsive responsive
------------------------------------------------------------------------
Application Application Application Application
contains contains limited contains contains
insufficient information that sufficient thorough and
information to is supported by information complete
assess any of some evidence, that is information
the but primarily adequately that is
Administration described supported by strongly
Priorities, or qualitatively, both supported by
project is that the project quantitative both
inconsistent is consistent and qualitative quantitative
with one or more with at least evidence that and qualitative
of the one of the the project has evidence that
Administration Administration clear and the project has
Priorities. Priorities. direct benefits clear, direct,
in at least one and significant
of the benefits in one
Administration or more of the
Priorities. Administration
Priorities, and
is not
inconsistent
with any of the
Administration
Priorities.
------------------------------------------------------------------------
Upon completion of all reviews, FRA will finalize an Overall Rating
for each application. This rating will be a combination of the results
of the three Merit Criteria reviews, specifically Project Readiness,
Project Benefits, and Technical Merit criteria ratings as described in
sections E(2)(a)-E(2)(c); the benefit-cost analysis as identified in
section E(2)(c) and further described in section D(2)(b)(ii); and the
Administration Priorities as described in section E(3)(b). Provided in
the Overall Rating Rubric below, each rating has defined parameters to
which each application will be assessed.
Overall Rating
------------------------------------------------------------------------
Highly
Not recommended Acceptable Recommended recommended
------------------------------------------------------------------------
The application The application The application The application
received an received an received an received an
overall score of overall score of overall score overall score
not recommended acceptable based of recommended of highly
based on Project on Project based on recommended
Readiness, Readiness, Project based on
Technical Merit, Technical Merit, Readiness, Project
and Project and Project Technical Readiness,
Benefits Benefits Merit, and Technical
ratings, ratings, Project Merit, and
confidence in confidence in Benefits Project
the the benefit-cost ratings, Benefits
application's analysis, and confidence in ratings,
BCA, and consideration of the benefit- confidence in
consideration of Administration cost analysis, the benefit-
Administration Priorities. and has clear cost analysis,
Priorities. and direct and has clear,
benefits in one direct, and
of the significant
Administration benefits in one
Priorities. or more of the
Administration
Priorities.
------------------------------------------------------------------------
The evaluation process may draw upon subject matter experts within
FRA Division offices whose expertise is relevant to understanding the
application's responsiveness to the program criteria, such as assessing
the applicant's capacity to successfully deliver the project in
compliance with applicable Federal requirements based on factors
including, but not limited to, the recipient's experience working with
Federal agencies, previous experience with DOT discretionary grant
awards and/or the technical experience and resources dedicated to the
project. Finally, in determining the allocation of program funds, FRA
may also consider geographic diversity, diversity in the size of the
systems receiving funding, and the applicant's receipt of other
competitive awards.
2. Review and Selection Process
FRA will conduct a five-part application review process, as
follows:
Intake and Eligibility Phase: Screen applications for
applicant and project eligibility, completeness, and the minimum match
(completed by the Evaluation Management and Oversight Team, or
``EMOT,'' comprised of FRA program review directors who manage the pre-
award process);
Evaluation Review Phase: Evaluate remaining applications
against the statutory technical merit criteria, project benefit
criteria, project readiness and the applicant's ability (based on past
performance and relevant project factors) to develop and deliver
similar projects, and alignment with Administration Priorities
(completed by technical merit review panels consisting of FRA and
Department of Transportation (DOT) staff). The EMOT will compile the
results of the Evaluation Review Phase consistent with the CRISI
Program set-asides and selection preferences. After considering all FRA
reviews under the statutory criteria, applications will be assigned an
overall rating of ``Highly Recommended,'' ``Recommended,''
``Acceptable,'' or ``Not Recommended'';
Steering Committee Phase: The Steering Committee is
comprised of Senior Directors with the Office of Railroad Development,
which may also include senior leadership from the Railroad Office of
Safety and other relevant offices. The EMOT briefs the Steering
Committee on all rated applications, and the Steering Committee may
request more information from FRA offices whose expertise may be
relevant. The Steering Committee provides strategic direction, in line
with program goals outlined in this NOFO, on the development of
materials and approach for the Senior Review Team (SRT) briefing;
Senior Review Phase: The SRT will review, apply selection
criteria, and recommend initial selection of projects for the FRA
Administrator's review (completed by the SRT, which may include senior
leadership from the Office of the Secretary and FRA); and
Selection and Award Phase: Select recommended awards for
the Secretary's or his designee's review and approval (completed by the
FRA Administrator).
3. Reporting Matters Related to Integrity and Performance
Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold of $250,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), FRA will review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
See 41 U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
[[Page 22225]]
FRA will consider any comments by the applicant, in addition to the
other information, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.205.
F. Federal Award Administration Information 38
---------------------------------------------------------------------------
\38\ More information on FRA Discretionary Grant Agreements can
be found at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------
1. Federal Award Notices
FRA will announce applications selected for funding in a press
release and on FRA's website after the application review period. This
announcement is FRA's notification to successful and unsuccessful
applicants alike. Following this announcement, FRA will contact the
point of contact listed in the SF 424 to initiate negotiation of a
project-specific grant agreement. This notification is not an
authorization to begin proposed project activities. FRA requires
satisfaction of applicable requirements by the applicant and a formal
agreement signed by both the grantee and the FRA, including an approved
scope, schedule, and budget, before obligating the grant.
2. Administrative and National Policy Requirements
In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees of funds must
comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; the relevant
authorization and appropriations, the conditions of performance,
nondiscrimination requirements, and other assurances made applicable to
the award of funds in accordance with regulations of DOT; and
applicable Federal financial assistance and contracting principles
promulgated by the Office of Management and Budget. In complying with
these requirements, grantees, in particular, must ensure that no
concession agreements are denied, or other contracting decisions made
on the basis of speech or other activities protected by the First
Amendment. If DOT determines that a grantee has failed to comply with
applicable Federal requirements, DOT may terminate the award of funds
and disallow previously incurred costs, requiring the grantee to
reimburse any expended award funds. The new FRA grant agreement
consists of three parts: Attachment 1: Standard Terms and Conditions,
Attachment 2: Project-Specific Terms and Conditions, and Terms and
Conditions Exhibits.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200,
subpart D--Procurement Standards; 2 CFR 1207.317 and 2 CFR 200.401;
compliance with Federal civil rights laws and regulations;
disadvantaged business enterprises requirements; debarment and
suspension requirements; drug-free workplace requirements; FRA's and
OMB's Assurances and Certifications; Americans with Disabilities Act;
safety requirements; NEPA; and environmental justice; compliance with
49 U.S.C. 24905(c)(2) for the duration of NEC Projects; and 2 CFR
200.315, governing rights to intangible property. Projects assisted
with funds provided through the Maglev Grants Program are subject to 49
U.S.C. 5333(a). 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 labor 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 (see section D(2)(a)(viii)(A)(5)).\39\
---------------------------------------------------------------------------
\39\ More information on labor protections can be found here:
https://railroads.dot.gov/elibrary/equivalent-labor-protections.
---------------------------------------------------------------------------
Projects selected under this NOFO for commuter rail passenger
transportation for positive train control projects may be transferred
to the Federal Transit Administration for grant administration at the
Secretary's discretion. If such a project is transferred to the Federal
Transit Administration, applicants will be required to comply with
chapter 53 of title 49 of the United States Code.
Projects that have not sufficiently considered climate change
environmental justice in their planning, as determined by FRA, will be
required to do so before receiving funds for construction, consistent
with core policy goals of assessing these potential impacts. For
example, see Executive Order 14008, Tackling the Climate Crisis at Home
and Abroad (86 FR 7619) and Executive Order 14096, Revitalizing Our
Nation's Commitment to Environmental Justice. In the grant agreement,
recipients will be expected to describe activities they have taken or
will take prior to obligation of construction funds to address climate
change and environmental justice (EJ). (See Article 9 of FRA's
Attachment 2: Project-Specific Terms and Conditions for a list of
project activities that address climate change and environmental
justice priorities, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf). 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; the project improves disaster preparedness and
resilience; the project incorporates resilience in its design, 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 environmental
justice may include, but are not limited to: basing project design on
consideration of community impacts; information gained from screening
tools such as CEJST, EPA's EJ Screen, or another appropriate
environmental and community impacts tools developed by a State agency;
connecting transportation disadvantaged communities or other
communities with environmental justice concerns based on information
gained from the screening tools noted above or FRA's Justice40 Rail
Explorer Tool; conducting enhanced, targeted outreach to potentially
affected communities, including disadvantaged communities; considering
environmental justice 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.
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
[[Page 22226]]
grantee's description of activities it has 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; completing a
community needs assessment; adopting an equity and inclusion program/
plan; conducting meaningful public engagement to ensure underserved
communities are provided an opportunity to be involved in the planning
process and is conducted in a manner that is consistent with Title VI
of the Civil Rights Act (Title VI); 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 and
wealth building opportunities for underserved, overburdened, or rural
communities; or addressing historic or current inequitable air
pollution or other environmental, health, or economic burdens and
impacts. (See Article 10 of FRA's Attachment 2: Project-Specific Terms
and Conditions for a list of project activities that address efforts to
improve racial equity and reduce barriers to opportunity, available at:
https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf). While not a
selection criterion to the extent the project includes or is part of a
station area, the Department encourages project sponsors to consider
how the submitted project could develop or facilitate economic
development, including commercial and residential development that
enhance the economic vitality and competitiveness of the surrounding
neighborhood and region.
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, including project labor
agreements, local hire agreements, 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 underrepresented groups,
and proactive plans to prevent harassment. (See Article 11 of FRA's
Attachment 2: Project-Specific Terms and Conditions for a list of
project activities that address efforts to support good-paying jobs and
strong labor standards, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.
a. Federal Contract Compliance
As a condition of grant award and consistent with Executive Order
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. Under Section 503 of the Rehabilitation Act and its implementing
regulations, affirmative action obligations for certain contractors
include an aspirational employment goal of 7 percent workers with
disabilities.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam
Era Veterans' Readjustment Assistance Act of 1974. 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. 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.
b. Critical Infrastructure Security, Cybersecurity and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against all hazards,
including physical and cyber risks, consistent with Presidential Policy
Directive 21--Critical Infrastructure Security and Resilience, and the
National Security Memorandum (NSM-5) on Improving Cybersecurity for
Critical Infrastructure Control Systems. Each applicant selected for
Federal funding 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 Department and the
Department of Homeland Security, will be required to do so before
receiving funds.
c. Domestic Preference Requirements
As expressed in Executive Order 14005, Ensuring the Future Is Made
in All of America by All of America's Workers (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Funds made available under this notice are subject
to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy
America) and the Build America, Buy America Act, Public Law 117-58,
70901-52. The Department expects all applicants to comply with the
applicable domestic preference requirements. However, Major Projects
applicants should include a domestic sourcing plan that provides
details on the extent to which the materials covered by the plan are to
be imported and the extent to which such materials can be sourced
domestically.; and (2) Applicants should also provide an explanation in
the plan of the number of domestic jobs, temporary and permanent, that
will be generated by the project and outline a plan to transition any
foreign labor responsibilities to domestic jobs. Major projects
applicants may also request a waiver from certain Buy America
requirements along with the domestic sourcing plan.
d. Civil Rights and Title VI
As a condition of a grant award, grant recipients should
demonstrate that the recipient has a plan for compliance with civil
rights obligations and nondiscrimination laws, including Title
[[Page 22227]]
VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR
part 21), the Americans with Disabilities Act of 1990 (ADA), Section
504 of the Rehabilitation Act, all other civil rights requirements, and
accompanying regulations. This may include a current Title VI plan,
completed Community Participation Plan, and a plan to address any
legacy infrastructure or facilities that are not compliant with ADA
standards. DOT's and FRA's Offices of Civil Rights may work with
awarded grant recipients to ensure full 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.
Pursuant to 2 CFR 170.210, non-Federal entities applying under this
NOFO must have the necessary processes and systems in place to comply
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350. If the total
value of a selected applicant's currently active grants, cooperative
agreements, and procurement contracts from all Federal awarding
agencies exceeds $10,000,000 for any period of time during the period
of performance of this Federal award, then the applicant during that
period of time must maintain the information reported to SAM and ensure
that is made available in the designated integrity and performance
system (currently the Federal Awardee Performance and Integrity
Information System (FAPIIS)) about civil, criminal, or administrative
proceedings described in paragraph 2 of this award term and condition.
This is a statutory requirement under section 872 of Public Law 110-
417, as amended (41 U.S.C. 2313). As required by section 3010 of Public
Law 111-212, all information posted in the designated integrity and
performance system on or after April 15, 2011, except past performance
reviews required for Federal procurement contracts, will be publicly
available.
c. Performance and Program Evaluation
Recipients and subrecipients are also encouraged to incorporate
program evaluation, including associated data collection activities
from the outset of their program design and implementation, to
meaningfully document and measure their progress towards meeting an
agency priority goal(s). Title I of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), Public Law 15-435 (2019) urges
Federal awarding agencies and Federal assistance recipients and
subrecipients to use program evaluation as a critical tool to learn, to
improve equitable delivery, and to elevate program service and delivery
across the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency.'' 5 U.S.C. 311. Credible program evaluation activities are
implemented with relevance and utility, rigor, independence and
objectivity, transparency, and ethics (OMB Circular A-11, Part 6
Section 290).
For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation. (2 CFR part 200).
d. Performance Reporting
Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives. Examples of some rail performance measures for CRISI
funding are listed in the table below. 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 application
materials and program goals.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary Secondary
Rail measures Unit measure Measurement period Measurement administration administration Description
frequency priority priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles............... Miles............. .................. Quarterly........ Workforce Safety............... The number of
Development, Job miles per
Quality, and quarter within
Wealth Creation. 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.
Gross Ton...................... Gross Tons........ .................. Quarterly........ Workforce ..................... The annual gross
Development, Job tonnage of
Quality, and freight shipped
Wealth Creation. 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............. .................. Quarterly........ Workforce Safety............... The number of
Development, Job automobile
Quality, and crossings that
Wealth Creation. are eliminated
at an at-grade
crossing as a
result of a new
grade
separation.
Equity in Contracting.......... Count of small Duration of the Annual........... Equity and ..................... Contracting with
businesses Project Justice40. small and
contracted. Performance socially
Period. disadvantaged
business
enterprises, and
labor surplus
area firms (each
a ``Small
Business'') for
the Project.
Fuel Savings/Emissions......... Gallons........... .................. Annual........... Climate Change and ..................... The total gallons
Sustainability. of fuel saved as
a result of
rehabilitating,
remanufacturing,
procuring, or
overhauling
locomotives.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 22228]]
e. Program Evaluation
As a condition of grant award, grantees may be required to
participate in an evaluation undertaken by DOT, or another agency or
partner. The evaluation may take different forms such as an
implementation assessment across grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grantee, or
a benefit/cost analysis or assessment of return on investment. The
Department may require applicants to collect data elements to aid the
evaluation. As a part of the evaluation, as a condition of award,
grantee must agree to: (1) make records available to the evaluation
contractor; (2) provide access to program records, and any other
relevant documents to calculate costs and benefits; (3) in the case of
an impact analysis, facilitate the access to relevant information as
requested; and (4) follow evaluation procedures as specified by the
evaluation contractor or DOT staff. For grant recipients, evaluation
expenses are allowable costs (either as direct or indirect), unless
prohibited by statute or regulation, and such expenses may include the
personnel and equipment needed for data infrastructure and expertise in
data analysis, performance, and evaluation (2 CFR part 200).
f. Project Signage and Public Acknowledgements
As a condition of grant award, for construction and non-
construction projects, recipients may be required to post project
signage and to include public acknowledgments in published and other
collateral materials (e.g., press releases, marketing materials,
website, etc.) satisfactory in form and substance to DOT, that
identifies the nature of the project and indicates that ``the project
is funded by the Bipartisan Infrastructure Law''. In addition,
recipients employing project signage are required to use the official
Investing in America emblem in accordance with the Official Investing
in America Emblem Style Guide. Costs associated with signage and public
acknowledgments must be reasonable and limited. Signs or public
acknowledgments should not be produced, displayed, or published if
doing so results in unreasonable cost, expense, or recipient burden.
The Recipient is encouraged to use recycled or recovered materials when
procuring signs.
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
FRA NOFO Support program staff via email at [email protected].
If additional assistance is needed, you may contact Ms. Deborah Kobrin,
Supervisory Transportation Specialist, at email: [email protected]
or telephone: 202-420-1281 in FRA's Office of Rail Program Development.
H. Other Information
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
The DOT regulations implementing the Freedom of Information Act
(FOIA) are found at 49 CFR part 7, subpart C--Availability of
Reasonably Described Records under the Freedom of Information Act which
sets forth rules for FRA to make requested materials, information, and
records publicly available under FOIA. Unless prohibited by law and to
the extent permitted under the FOIA, contents of application and
proposals submitted by successful applicants may be released in
response to FOIA requests. The Department may share application
information within the Department or with other Federal agencies if the
Department determines that sharing is relevant to the respective
program's objectives.
Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024-06710 Filed 3-28-24; 8:45 am]
BILLING CODE 4910-06-P