Notice of Funding Opportunity for the Fiscal Year 2021-2024 Restoration and Enhancement Grant Program, 57499-57516 [2024-15357]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Notices]
[Pages 57499-57516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15357]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for the Fiscal Year 2021-2024 
Restoration and Enhancement Grant Program

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

ACTION: Notice of Funding Opportunity (NOFO or Notice), Assistance 
Listing (formerly CFDA) #20.324.

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SUMMARY: This Notice details the application requirements and 
procedures to obtain grant funding for eligible projects under the 
Restoration & Enhancement (R&E) Grant Program for Fiscal Years (FY) 
2021-2024. This Notice solicits applications for the R&E Grant Program 
with funds made available by the following: Consolidated Appropriations 
Act, 2021, the Infrastructure Investment and Jobs Act (IIJA), and 
additional carryover funding from Consolidated Appropriations Act, 2019 
and Further Consolidated Appropriations Act, 2020. The opportunity 
described in this Notice is made available under Assistance Listings 
Number 20.324, ``Restoration & Enhancement Grant Program.''

DATES: Applications for funding under this solicitation are due no 
later than 11:59 p.m. Eastern Time (ET), September 30, 2024. 
Applications for funding received after 11:59 p.m. ET on September 30, 
2024 will not be considered for funding. Incomplete applications will 
not be considered for funding. Applications that do not adequately 
address the information requested may be considered incomplete. 
Adequacy of information provided will also be considered in evaluating 
the responsiveness to the evaluation criteria. See Section D of this 
Notice for additional information on the application and submission 
requirements and Section E of this Notice for additional information on 
review of applications.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants that comply with all submission requirements described in 
this Notice and submit applications through www.Grants.gov will be 
eligible for award.

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 Mr. Marc Dixon, Office of Rail Program Development, 
Federal Railroad

[[Page 57500]]

Administration, at email: [email protected]; or telephone: 202-493-
0614.

SUPPLEMENTARY INFORMATION: 
    Notice to applicants: FRA recommends that applicants read this 
Notice in its entirety prior to preparing application materials. 
Definitions of key terms used throughout the Notice are provided in 
Section A(3) below. These key terms are capitalized throughout the 
Notice. There are several administrative and specific eligibility 
requirements described herein with which applicants must comply.

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--Restoration & Enhancement Grant
                          Program (R&E Program)
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Issuing Agency...............  U.S. Department of Transportation,
                                Federal Railroad Administration (FRA).
Program Overview.............  The R&E Program provides grants for
                                Initiating, Restoring, or Enhancing
                                Intercity Rail Passenger Transportation
                                operations.
Objective....................  The objective is to help offset initial
                                operating losses while the new or
                                expanded Intercity Rail Passenger
                                Transportation Services build their
                                ridership and Revenue base, since such
                                Services and frequencies do not realize
                                their longer-term ridership/Revenue
                                potential immediately upon the start of
                                operations.
Eligible Applicants..........  Eligible applicants include:
                                  1. A State (including the District of
                                   Columbia);
                                  2. A group of States;
                                  3. An entity implementing an
                                   Interstate Rail Compact;
                                  4. A public agency or publicly
                                   chartered authority established by
                                   one or more States;
                                  5. A political subdivision of a State;
                                  6. A federally recognized Indian
                                   Tribe;
                                  7. Amtrak or another Rail Carrier that
                                   provides Intercity Rail Passenger
                                   Transportation;
                                  8. Any Rail Carrier in partnership
                                   with at least one of the entities
                                   described in (1) through (6),
                                   consistent with 49 U.S.C.
                                   22908(a)(1)(H); and
                                  9. Any combination of the entities
                                   described in (1) through (6),
                                   consistent with 49 U.S.C.
                                   22908(a)(1)(I).
Funding......................  This NOFO will provide R&E funding of
                                $153,845,680 to provide financial
                                assistance for projected Net Operating
                                Costs. The R&E funding may not exceed
                                the following for each Year of Service:
                                   90 percent for the first Year
                                   of Service;
                                   80 percent for the second
                                   Year of Service;
                                   70 percent for the third Year
                                   of Service;
                                   60 percent for the fourth
                                   Year of Service;
                                   50 percent for the fifth Year
                                   of Service; and,
                                   30 percent for the sixth Year
                                   of Service.
Deadline.....................  Applications for funding under this
                                solicitation are due no later than 11:59
                                p.m., ET September 30, 2024.
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A. Program Description

1. Overview

    The purpose of the R&E Grant Program (``Program'' or ``R&E 
Program'') is to provide financial assistance for Initiating, 
Restoring, or Enhancing Intercity Rail Passenger Transportation 
operations as authorized under 49 U.S.C. 22908. Funding for the Program 
under this NOFO is made available in the following: Consolidated 
Appropriations Act, 2021, Div. L, Tit. I, Public Law 116-260; IIJA, 
2021, Public Law 117-58 (November 15, 2021); and carryover funding from 
Consolidated Appropriations Act, 2019, Div. G, Tit. I, Public Law 116-6 
and Further Consolidated Appropriations Act, 2020, Div. H, Tit. I, 
Public Law 116-94. FRA will consider applications that are consistent 
with the priorities in 49 U.S.C. 22908(d). The opportunities described 
in this notice are made available under Assistance Listing 20.324, 
``Restoration and Enhancement.''
    The Program plays a vital role in the success of Intercity 
Passenger Rail Service by offsetting initial operating losses while the 
new or expanded Services build their ridership and Revenue base. As 
experienced around the world and on the Amtrak network, new Intercity 
Passenger Rail Service and frequencies do not realize their longer-term 
ridership/Revenue potential immediately upon Initiating operations. The 
R&E program provides the greatest support in the first years of 
operation, and as ridership and Revenue grows over the first six years 
of operations, R&E funding is gradually reduced.
    The U.S. Department of Transportation (``USDOT'' or ``DOT'' or 
``Department'') seeks to fund projects that advance the Administration 
Priorities (also known as USDOT Strategic Goals) of safety, equity, 
climate change and sustainability, workforce development, job quality, 
and wealth creation, as described in Section E as well as the USDOT 
Strategic Plan, Research, Development and Technology Strategic Plan \1\ 
and in executive orders.\2\
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    \1\ https://www.transportation.gov/sites/dot.gov/files/2023-01/USDOT%20RDT%20Strategic%20Plan%20FY22-26_010523_508.pdf.
    \2\ Executive Order 14008, Tackling the Climate Crisis at Home 
and Abroad (86 FR 7619)--https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/; Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (86 FR 7009)--https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/; Executive Order 14025, Worker 
Organizing and Empowerment (86 FR 22829)--https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/26/executive-order-on-worker-organizing-and-empowerment/; and Executive 
Order 14052, Implementation of the Infrastructure Investment and 
Jobs Act (86 FR 64335)--https://www.govinfo.gov/content/pkg/FR-2021-11-18/pdf/2021-25286.pdf.
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    Section E, which outlines the grant selection criteria, describes 
the process for selecting projects that further these goals. Section 
F(3) describes progress and performance reporting requirements for 
selected projects.

2. Changes From the FY 2018-2020 R&E Program NOFO

    This section describes significant changes from the prior NOFO,\3\

[[Page 57501]]

including changes to 49 U.S.C. 22908 resulting from the Program's 
reauthorization in IIJA Section 22304, updated or changed definitions, 
changes to award limits for recipients of FY 2017-2020 R&E Program 
grants, and direction with respect to pre-award costs.
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    \3\ The FY 2018-2019 R&E NOFO and the amendment to add FY 2020 
R&E funding is available on the FRA R&E Program website: https://railroads.dot.gov/grants-loans/competitive-discretionary-grant-programs/restoration-and-enhancement-grant-program.
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     The more substantive changes to 49 U.S.C. 22908 resulting 
from IIJA section 22304 include the following:
    [cir] Definition of ``Applicant'' now includes a federally 
recognized Indian Tribe;
    [cir] Definition of ``Operating Assistance'' added for Routes 
subject to section 209 of the Passenger Rail Investment and Improvement 
Act of 2008 (Pub. L. 110-432) (PRIIA);
    [cir] Priorities include Routes selected under the Corridor 
Identification and Development Program and operated by Amtrak;
    [cir] Funding plan requirements for initial capital and Operating 
Costs must now cover the first six years of operation, and, to the 
extent necessary, capital and Operating Costs after the first six years 
of operation;
    [cir] Grant Award Term Limits are extended so R&E grants for any 
individual Route or Service may not provide funding for more than six 
years; and,
    [cir] Maximum funding of projected Net Operating Costs may not 
exceed the following for each Year of Service: (1) 90 percent for the 
first Year of Service; (2) 80 percent for the second Year of Service; 
(3) 70 percent for the third Year of Service; (4) 60 percent for the 
fourth Year of Service; (5) 50 percent for the fifth Year of Service; 
and (6) 30 percent for the sixth Year of Service.
     FRA made changes to Definitions of Key Terms section, 
including but not limited to, updating ``Operating Assistance'' and 
``Operating Costs,'' and adding terms such as ``Revenue,'' ``Route,'' 
``Service,'' and ``Year of Service.''
     Prior R&E Program grant selections: Section B(2) describes 
award limits for projects selected under the FY 2017-2020 R&E Program. 
Section D(2)(a)(iii) provides direction to applicants for additional 
funding for the same Service on the same Route.
     Additional guidance on timing of incurrence of pre-award 
costs.
     Each applicant must include information that explains and 
supports its authority to undertake the operations activities in the 
proposed project, either by itself or through agreement, if selected 
for an award.
     Changes to applicability of written agreements required 
under 49 U.S.C. 22905(c)(1).

3. Definitions of Key Terms

    Terms defined in this section are capitalized throughout this NOFO.
    a. ``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.
    b. ``Enhancing'' or ``Enhance'' means upgrading or modifying the 
Service currently offered on an Intercity Rail Passenger Transportation 
Route or train. Examples include adding a station stop, increasing 
frequency of a train (e.g., tri-weekly to daily train Service or 
increasing daily train Service frequencies), or modifying on-board 
Services offered on the train (e.g., food or sleeping accommodations).
    c. ``Initiating'' or ``Initiation'' or ``Initiate'' means 
commencing Service on an Intercity Rail Passenger Transportation Route 
that did not previously operate Intercity Rail Passenger 
Transportation.
    d. ``Intercity Rail Passenger Transportation'' means rail passenger 
transportation, except Commuter Rail Passenger Transportation. See 49 
U.S.C. 22901(3). In this NOFO, ``Intercity Passenger Rail Service'' and 
``Intercity Passenger Rail Transportation'' are equivalent terms to 
``Intercity Rail Passenger Transportation.''
    e. ``Interstate Rail Compact'' means a legislatively enacted 
agreement or compact that establishes a formal, legally binding 
relationship between two or more States to prepare for and provide 
Intercity Passenger Rail Service.
    f. ``Lifecycle Stage'' means each of the consecutive stages of a 
capital project as it is developed and implemented that includes 
Systems Planning, Project Planning, Project Development, Final Design, 
Construction, and Operation. Each sequential stage involves specific 
activities. Lifecycle Stages are further described in FRA's Guidance on 
Development and Implementation of Railroad Capital Projects (88 FR 
2163, Jan. 12, 2023) which can be found here: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
    g. ``National Environmental Policy Act'' or ``NEPA'' is a federal 
law that requires federal agencies to analyze and document the 
environmental impacts of a proposed action in consultation with 
appropriate federal, state, and local authorities, and with the public. 
NEPA classes of action include an Environmental Impact Statement (EIS), 
Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA 
class of action depends on the nature of the proposed action, its 
complexity, and the potential impacts. For purposes of this NOFO, NEPA 
also includes all related federal laws and regulations including the 
Clean Air Act, Section 4(f) of the Department of Transportation Act, 
Section 7 of the Endangered Species Act, and Section 106 of the 
National Historic Preservation Act. Additional information regarding 
FRA's environmental processes and requirements are located at https://railroads.dot.gov/rail-network-development/environment/environment.
    h. ``Net Operating Cost(s)'' is defined as Operating Costs incurred 
minus Revenue for each Service on a Route.
    i. ``Operating Assistance'' is defined in 49 U.S.C. 22908(a)(2), 
with respect to any Route subject to Section 209 of the Passenger Rail 
Investment and Improvement Act of 2008 (Pub. L. 110-432) (PRIIA), as 
any cost allocated, or that may be allocated, to a Route pursuant to 
the cost methodology established under Section 209 of PRIIA or under 49 
U.S.C. 24712, as described in the Section 209 policy approved by the 
State-Amtrak Intercity Passenger Rail Committee.\4\ Such costs are 
equivalent to the Section 209 state responsibility or the operating 
cost obligation allocated to the state under the cost methodology 
policy.
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    \4\ FRA understands the definition of ``Operating Assistance'' 
under 49 U.S.C. 22908(a)(2) as providing information about eligible 
Operating Costs for Routes that are subject to section 209. 
Therefore, for the purposes of this NOFO, FRA uses the term 
``Operating Assistance'' in the definition of ``Operating Costs'' 
for Routes that are subject to section 209.
    In addition, 49 U.S.C. 22908(b) uses the term ``Operating 
Assistance'' in authorizing the Secretary to ``develop and implement 
a program for issuing Operating Assistance grants to applicants.'' 
To avoid confusion, FRA does not use the term ``Operating 
Assistance'' elsewhere in this NOFO.
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    j. ``Operating Costs'' means,
    i. With respect to any Route subject to Section 209 of PRIIA, the 
Operating Assistance associated with the operation of the Service for 
each Year of Service. Eligible capital costs are limited to capital 
overhaul (i.e., investment) costs for Amtrak-owned equipment in 
Service, including locomotives, cab cars, coaches, and food Service 
cars.
    ii. With respect to Routes not subject to Section 209 of PRIIA, the 
expenses associated with the operation of the Service for each Year of 
Service. Examples of such expenses may include: staffing costs for 
train

[[Page 57502]]

engineers, conductors, and on-board Service crew; diesel fuel or 
electricity costs associated with train propulsion power; station costs 
such as ticket sales, customer information, and train dispatching 
Services; station building utility and maintenance costs; lease 
payments on rolling stock; routine planned maintenance costs of 
equipment and train cleaning; host railroad access costs; train yard 
operation costs; general and administrative costs; and management, 
marketing, sales and reservations costs. Capital costs associated with 
equipment are not eligible expenses for Routes that are not subject to 
section 209 of PRIIA.
    k. ``Revenue'' means the Revenue attributable to the Service, 
including but not limited to ticket Revenue and food and beverage 
Revenue, calculated annually for each Year of Service, consistent with 
the cost methodology policy required under section 209 PRIIA and 
further described in 49 U.S.C. 24712, unless otherwise agreed to by FRA 
and the applicant for Routes not subject to section 209 of PRIIA.
    l. ``Rail Carrier'' means a person providing common carrier 
railroad transportation for compensation. See 49 U.S.C. 24102.
    m. ``Restoring'' or ``Restore'' means reinstating Service to an 
Intercity Rail Passenger Transportation Route that formerly operated 
Intercity Rail Passenger Transportation.
    n. ``Route'' means the point-to-point geographic location where a 
particular Service is being offered.
    o. ``Service'' means the specific Enhancement activity or 
activities that are proposed to be funded under this NOFO, or the 
operation on the Route that is being Initiated or Restored with funding 
under this NOFO. Examples include: the addition of one or more 
frequencies or the addition of on-board Services to trains on a Route. 
Service does not include excursion train Services or short-term 
Services for the purpose of collecting data.
    p. ``Year of Service'' means the 365-day period used for 
calculating the maximum funding under the Program as well as the period 
in which costs may be incurred to be eligible for reimbursement. The 
recipient may choose to start the first Year of Service at any point 
between the initial incurrence of cost for the Service (including 
start-up costs) and the first day of Revenue Service.

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is 
$153,845,680.\5\ Should additional R&E funds become available after the 
release of this NOFO, FRA may elect to award such funds to applications 
received under this NOFO.
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    \5\ Of the funding made available from FY 2021-2023, $144,904 
from FY 2021, $1,535,000 from FY 2022, and $1,535,000 from FY 2023 
will be separately made available for Special Transportation 
Circumstances grants. Also, $47,200 from FY 2021, $250,000 from FY 
2022, and $250,000 from FY 2023 will be set-aside, from R&E funding 
only (not the Amtrak National Network account), for award and 
program oversight conducted by FRA.
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    The total amount in the previous paragraph includes funding from 
previous R&E Program years: $4,527,896 is available from the FY 2021 
Appropriation; $145,395,000 is available from the FY 2022-2024 advance 
appropriations in Title VIII of Division J of IIJA ($48,465,000 from 
each year); and $3,922,784 in carryover funding from the FY 2019-2020 
Appropriations is available.

2. Award Limits

    Under 49 U.S.C. 22908(e)(2), not more than six R&E grants may be 
simultaneously active. FRA considers a grant active at the time of 
selection. In addition, FRA considers all selections under the R&E 
program for the same Service, on the same Route, to the same recipient, 
as one R&E grant, subject to the limitations in 49 U.S.C. 22908(e). To 
date, FRA made four selections under the R&E Program for three 
Services. Two of the selections were for the same applicant, for the 
same Service, on the same Route; FRA considers this as a single grant. 
Therefore, FRA currently has three simultaneously active R&E grants.\6\ 
Accordingly, under this NOFO, FRA may select up to three Services on 
Routes that (1) do not have a currently active R&E grant or (2) do have 
a currently active R&E grant but the application is submitted by an 
applicant that is different than the applicant or recipient for the 
currently active R&E grant. In addition, FRA may make up to three 
selections for additional funding to the same recipient for Services on 
Routes that have a currently active R&E grant, subject to the 
limitations in 49 U.S.C. 22908(e). An individual Service on a Route can 
only be selected for one R&E award under this NOFO.
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    \6\ The currently active R&E grants selected from the FY 2017 
and FY 2018-2020 R&E NOFOs are the CTrail Hartford Line Rail 
Enhancement Project; Restoring Intercity Passenger Rail Service 
along America's Gulf Coast; and Twin Cities-Milwaukee-Chicago 
Intercity Passenger Rail Service Project (now known as Borealis).
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    Under 49 U.S.C. 22908(e)(1), R&E grants may not provide funding for 
more than six years on any individual Intercity Rail Passenger 
Transportation Route and may not be renewed. Currently active R&E 
grants that were selected for three years of funding under the FY 2017 
and FY 2018-20 R&E NOFOs are eligible for funding for additional Years 
of Service for the same Service on the same Route, not to exceed a 
combined total of six years.
    Applicants can apply to use R&E funding for: (a) multiple Years of 
Service or (b) only one Year of Service, provided the Service has not 
already received six years of R&E funding. Recipients receiving less 
than six years of funding for a Service on any individual Intercity 
Rail Passenger Transportation Route under this NOFO and/or previous R&E 
NOFOs may apply for R&E grants under future NOFOs, if available.

3. Award Size

    FRA anticipates selecting multiple projects for the funding made 
available. There are no predetermined minimum or maximum dollar 
thresholds for awards.
    FRA strongly encourages applicants to identify and include other 
state and/or local public funding and/or private funding to support the 
proposed project to maximize competitiveness. A recipient of a R&E 
grant may use the grant funding in combination (i.e., administered 
separately but concurrently) with other federal grants that would 
benefit the applicable Service.

4. Award Type

    FRA will make awards for projects selected under this NOFO through 
grant agreements or cooperative agreements. Grant agreements are used 
when FRA does not expect to have substantial federal involvement in 
carrying out the funded activity. Cooperative agreements allow for 
substantial federal involvement in carrying out the agreed upon 
investment, including technical assistance, review of interim work 
products, and increased program oversight. The term ``grant'' is used 
throughout this document and is intended to reference funding awarded 
through a grant agreement, as well as funding awarded through a 
cooperative agreement.

[[Page 57503]]

    The funding provided under this NOFO will be made available to 
recipients on a reimbursable basis. Recipients must certify that their 
expenditures are allowable, allocable, reasonable, and necessary to the 
approved project before seeking reimbursement from FRA.
    The 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.

5. Concurrent Applications

    DOT and FRA may concurrently solicit applications for related 
transportation infrastructure projects for several financial assistance 
programs. Applicants may submit applications requesting funding for a 
related project to one or more of these programs. In the application 
for funding under this NOFO, applicants must indicate the other 
program(s) to which they submitted or plan to submit an application for 
funding the entire project or certain 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 NOFO explains applicant eligibility, project 
eligibility, and cost sharing or matching \7\ requirements. 
Applications that do not meet the requirements in this section will be 
ineligible for funding. Instructions for submitting eligibility 
information to FRA are detailed in Section D of this Notice.
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    \7\ 49 U.S.C. 22908(e) identifies a maximum funding limitation 
for R&E grants, but it does not establish a maximum federal share or 
a minimum non-federal cost share requirement.
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1. Eligible Applicants

    Consistent with 49 U.S.C. 22908(a)(1), eligible applicants for R&E 
funding are:
    a. A State (including the District of Columbia);
    b. A group of States;
    c. An entity implementing an Interstate Rail Compact;
    d. A public agency or publicly chartered authority established by 
one or more States;
    e. A political subdivision of a State;
    f. A federally recognized Indian Tribe;
    g. Amtrak or another Rail Carrier that provides Intercity Rail 
Passenger Transportation;
    h. Any Rail Carrier in partnership with at least one of the 
entities described in paragraphs (a) through (f); and
    i. Any combination of the entities described in paragraphs (a) 
through (f).
    See Section D(2)(a)(iv) of this NOFO for information about 
supporting documentation required to demonstrate eligibility in the 
application.
    If an application includes a partnership with more than one 
eligible applicant, the application must identify one lead eligible 
applicant to be the recipient, as well as primary point of contact for 
the application.\8\ Eligible applicants may reference entities that are 
not eligible applicants in an application as project partners.
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    \8\ If the proposed project involves executing cost sharing 
agreements with other partners, prior to application submission, the 
applicant (or lead applicant, as applicable) should coordinate with 
each partner to understand its respective financing/payment 
requirements (e.g., considerations for any partner's requirement of 
upfront payment of its share of costs as opposed to monthly 
invoicing, challenges with partner not having financial mechanism to 
recover any overpayment of funds to the applicant, etc.). The 
applicant (or lead applicant, as applicable) should describe this 
coordination, identified challenges, and any proposed resolution in 
the application. Only one eligible applicant can be the recipient, 
and FRA will only disburse funds to the recipient.
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2. Cost Sharing or Matching

    Grants for a project funded under the Program shall not exceed 90 
percent of the projected Net Operating Costs for the first Year of 
Service; 80 percent of the Net Operating Costs for the second Year of 
Service; 70 percent of the projected Net Operating Costs for the third 
Year of Service; 60 percent of the projected Net Operating Costs for 
the fourth Year of Service; 50 percent of the projected Net Operating 
Costs for the fifth Year of Service; and 30 percent of the projected 
Net Operating Costs for the sixth Year of Service. Net Operating Costs 
not covered by the R&E grant may be comprised of eligible public sector 
funding (e.g., state, local, or other federal funding) or private 
sector funding.
    Applicants must identify the source(s) of non-R&E grant funds for 
the Service, and they must clearly and distinctly reflect these funds 
in the budget sections of the application.
    A recipient of a R&E grant under this NOFO may use that grant in 
combination with other federal grants awarded that would benefit the 
applicable Service.

3. Other

    Operating Costs eligible for funding under this NOFO must be for 
projects within the United States and must be associated with 
Enhancing, Initiating, or Restoring Service on an Intercity Rail 
Passenger Transportation Route or train.

D. Application and Submission Information

    Required documents for the application are outlined in the 
following paragraphs. Applicants must complete and submit all 
components of the application. See Section D(2) for the application 
checklist. FRA welcomes the submission of additional relevant 
supporting documentation, such as planning, engineering and design 
documentation (as applicable), and letters of support from partnering 
organizations, which will not count against the Project Narrative 25-
page limit.

1. Address

    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 5 p.m. ET, on 
September 30, 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/web/grants/applicants/organization-registration.html.
    Applicants are strongly encouraged to apply early to ensure that 
all materials are received before the application deadline. FRA 
reserves the right to modify this deadline. General information for 
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that 
information is available in appropriate alternative formats to meet the 
requirements of persons who have a disability. If you require an 
alternative version of files provided, please contact Laura Mahoney, 
Office of the Chief Financial Officer, Federal Railroad Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590; email: 
[email protected]; phone: 202-578-9337.
    The E-Biz point of contact 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.
    If an applicant experiences difficulty at any point during this 
process, please call the Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays). 
For information and

[[Page 57504]]

instructions on each of these processes, please see instructions at: 
https:// www.grants.gov/web/grants/applicants/apply-for-grants.html.

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 other 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), if capital improvements are necessary 
before starting the operation Lifecycle Stage of the proposed Service. 
FRA evaluates project readiness for a Lifecycle Stage when considering 
a proposed project for funding. Additionally, applicants selected to 
receive funding must satisfy any applicable 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.
    Sharing of Application Information--FRA may share application 
information within USDOT or with other federal agencies if FRA 
determines that sharing is relevant to the respective program's 
objectives.
    Required documents and information for an application package 
include the following:

------------------------------------------------------------------------
             Attachment(s) name                      NOFO section
------------------------------------------------------------------------
Project Narrative..........................  D.2.a.
Statement of Work (SOW), project budget,     D.2.b.i.
 estimated project schedule, and
 performance measures.
Capital and mobilization plan..............  D.2.b.ii.
Operating plan.............................  D.2.b.iii.
Funding plan...............................  D.2.b.iv.
Status of negotiations and agreements......  D.2.b.v.
Environmental Compliance Documentation.....  D.2.b.vi.
Funding Commitment Supporting Documentation  D.2.a.iii.
SF 424--Application for Federal Assistance   D.2.b.vii.
 \9\.
SF 424A--Budget Information for Non-         D.2.b.viii.
 Construction.
SF 424B--Assurances for Non-Construction...  D.2.b.ix.
FRA F 30--Certifications Regarding           D.2.b.x.
 Debarment, Suspension and Other
 Responsibility Matters, Drug-Free
 Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial Capability    D.2.b.xi.
 Questionnaire.
SF LLL--Disclosure of Lobbying Activities,   D.2.b.xii.
 if applicable.
------------------------------------------------------------------------

a. Project Narrative

    This section describes the minimum content required 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.
---------------------------------------------------------------------------

    \9\ The amount requested from the R&E 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 project 
budget, including the breakdown of federal and non-federal sources. 
For applications with discrepancies, FRA will defer to the funding 
amount in the SF-424.

------------------------------------------------------------------------
       Project narrative section name                NOFO section
------------------------------------------------------------------------
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 Management..  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 contents, and supporting 
documentation). FRA will not review or consider Project Narratives 
beyond the 25-page limit. If possible, applicants should submit 
supporting documents via website links rather than hard copies. If 
supporting documents are submitted, applicants must clearly identify 
the relevant portion of the supporting document with the page numbers 
of the cited information in the Project Narrative. The Project 
Narrative must adhere to the following outline:
    i. Cover Page: Include a cover page that lists the following 
elements in either a table or formatted list:

------------------------------------------------------------------------
                  Project title
------------------------------------------------------------------------
Applicant (Lead Applicant, as applicable).......
City(ies), State(s), Congressional District(s)
 where the project is located.
Is this request funding an existing or new Route
 and/or Service?
Proposed or current Service operator?
Rail ROW owner(s)?

[[Page 57505]]

 
Host Railroad(s) of Route?
Proposed Years of Service.......................
Projected total Operating Costs for the proposed  $
 Service for all Years of Service in this
 application.
Projected Revenue for the proposed Service for    $
 all Years of Service in this application.
Projected total Net Operating Cost for the        $
 proposed Service for all Years of Service in
 this application.
Total amount of R&E funding requested for all
 Years of Service.
Total amount of funding for Net Operating Costs
 not funded by proposed R&E grant for all Years
 of Service.
Previously awarded R&E funding for the Service,   R&E Program Year:/$
 if applicable, by Year of Service.                for Year(s) X of
                                                   Service.
Was a federal grant application previously        If yes, please specify
 submitted for any necessary capital projects on   the program, funding
 the Route or for the Service described in this    year and project
 application?.                                     title of the previous
                                                   application.
Are any capital improvements required to be       If yes, please
 completed before Initiation, Restoration, or      summarize.
 Enhancement activities under this request?.
------------------------------------------------------------------------

    ii. Project Summary: Provide a brief 4-6 sentence summary of the 
proposed project, including the Service and Route. 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: In table 
format similar to the Project Funding by Year of Service Table in this 
section below [or: at the end of this subsection], the applicant must 
provide, for each Year of Service, the following: (1) Year of Service 
start date; (2) anticipated start date of each Year of Service; (3) 
amount of R&E funding requested; (4) projected Net Operating Costs; (5) 
estimated Operating Costs; (6) estimated Revenue; (7) percent of Net 
Operating Costs for which R&E funding is requested; (8) amount and 
source of non-R&E funding (non-federal funds and/or other federal 
funds, if applicable); and, (9) eligible activities for which R&E 
funding is requested.\10\ If selected for award, recipients will be 
expected to report Operating Costs, Revenue, and Net Operating Costs 
for each Year of Service.
---------------------------------------------------------------------------

    \10\ Applicants should list specific eligible activities and, to 
the extent practical, should not group all activities under the 
general term ``Operations.'' Eligible R&E activities should be 
consistent with Section C(2) of this Notice. If the applicant 
determines that grouping certain activities into a broader term is 
more appropriate, the applicant should provide a narrative 
explanation (separate from the table) of the specific activities 
that are included in that term.
---------------------------------------------------------------------------

    Applicants for additional funding for the same Service funded under 
a currently active R&E grant must describe how the funds under the FY 
2017 and FY 2018-2020 R&E selections and the requested funding under 
this NOFO, if selected for award, will be used. Specifically, the 
applicant should describe, at a minimum, the following: (1) for FY 2017 
and FY 2018-2020 R&E selections that have not yet been obligated, 
whether the funds under this NOFO would replace the previous R&E 
awards; (2) how additional funds under this NOFO will be applied to 
additional Years of Service; and (3) how all R&E funding will be used 
with respect to each Year of Service.\11\ For such applications, in a 
funding table similar to the Project Funding by Year of Service Table 
below, add columns to identify the amount of the previous R&E selection 
and previously committed other funding, including the funding 
source(s).
---------------------------------------------------------------------------

    \11\ For example, the applicant should describe if it proposes 
to use all of the R&E grant funds from the FY 2017 and FY 2018-20 
R&E selections for the first Year of Service, and use new funds 
under this NOFO, if selected for award, for Years of Service two (2) 
through six (6).
---------------------------------------------------------------------------

    All applicants must include funding commitment letters outlining 
proposed or confirmed funding agreements in the amount of the projected 
Net Operating Costs that would not be funded through the proposed R&E 
grant, in an attachment or appendix to the application.\12\ Also, if 
applicable, indicate if the requested R&E funding or non-federal and 
other federal funding must be obligated or spent by a certain date due 
to dependencies or relationships with other federal or non-federal 
funding sources, related projects, law, or other factors. Rail Carriers 
other than Amtrak should state whether they will require access to 
Amtrak's reservation system, stations, or facilities because they are 
directly related to the Rail Carrier's operations, and whether they 
expect the FRA to award a portion of the requested R&E grant to Amtrak 
for such access (and in what amount).\13\ Provide information about any 
requests submitted to other programs for capital funding related to the 
proposed project that supports the project's Initiation, Restoration, 
or Enhancement of the Intercity Rail Passenger Transportation Service.
---------------------------------------------------------------------------

    \12\ Applicants must indicate if funds are either (1) committed 
with pending formal approvals, or (2) committed with formal 
approvals received. If formal approvals have been received, 
applicants should submit evidence of the availability of funds, 
which may include a state/local appropriation, state/local 
administrative approval, board resolution, a budget document 
highlighting the line item or section committing funds to the 
proposed project, approval of programming of other federal funds, or 
any other similar documentation. The applicant may provide this 
documentation in an appendix. Documentation of previous and recent 
local investments in the project may convey evidence of state or 
local financial support for the project but are not a commitment of 
funds. Any funding commitment letters must be signed by an 
authorized representative of the entity providing the funds.
    \13\ The Secretary, acting through the FRA, is permitted in 49 
U.S.C. 22908(h) to award an appropriate portion of R&E grants under 
this NOFO to Amtrak as compensation for permitting certain access.
---------------------------------------------------------------------------

    Project funding information must be consistent throughout all 
application materials, specifically the Standard Form (SF) 424, Project 
Narrative, SOW, project budget, and funding commitment letters.\14\ The 
project budget should be specific to the project scope described in the 
applicant's request for funding under this NOFO. The project budget 
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 for the project. Funding sources should be 
grouped into three categories: Non-federal, R&E Program funds that are 
part of this application request, and other federal funds with specific 
amounts from each funding source.
---------------------------------------------------------------------------

    \14\ 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.

[[Page 57506]]



                                                           Project Funding by Year of Service
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Percent of
                                                         Estimated                                  R&E funds       net        Non-R&E     Eligible R&E
                    Year of service                      operating    Estimated    Projected net    requested    operating     amount/     activities by
                                                           costs       revenue     operating cost   under this      cost      source(s)       year of
                                                                                                       NOFO      requested                 service \15\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 [Add start date e.g., 6/01/25].................
Year 2 [Add start date e.g., 6/01/26].................
Year 3 [Add start date]...............................
Year 4 [Add start date]...............................
Year 5 [Add start date]...............................
Year 6 [Add start date]...............................
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    iv. Applicant Eligibility Criteria: The applicant must explain how 
the applicant meets the applicant eligibility criteria outlined in 
Section C of this Notice. For public agencies and publicly chartered 
authorities established by one or more States, the explanation must 
include citations to the applicable enabling legislation.
---------------------------------------------------------------------------

    \15\ Applicants should list specific eligible R&E activities 
that are consistent with Section C(2) of this Notice and should not 
list a general descriptive term, such as ``Operations,'' for 
example, to cover all activities.
---------------------------------------------------------------------------

    If the applicant is eligible under 49 U.S.C. 22908(a)(1)(H) as a 
Rail Carrier in partnership with at least one of the other eligible 
entities in Section 22908(a)(1)(A) through (a)(1)(F), the applicant 
should explain the partnership and each entity's contribution to the 
partnership. Similarly, if the applicant is a combination of entities 
described in Section 22908(a)(1)(A) through (a)(1)(F), the application 
should explain the partnership and each entity's contribution to the 
partnership.
    Applicants must identify the applicant's legal authority to receive 
federal financial assistance and complete the project, including 
management of contracts and other activities necessary for the 
operation of intercity rail passenger Service, and provide supporting 
information, including citations to authorizing legislation and a legal 
opinion from the applicant's legal counsel.
    v. Project Eligibility Criteria: The applicant must explain how the 
proposed project meets the project eligibility criteria in Section C(3) 
of this Notice.
    vi. Detailed Project Description: The applicant must include a 
detailed project description that expands upon the project summary. 
This detailed description should provide the following, at a minimum: 
\16\ (1) the specific components and elements of the proposed project, 
including planned Service frequency; (2) name and description of the 
planned Routes and schedules; (3) station facilities; (4) equipment 
that will be used and how it will be acquired or refurbished (if 
necessary); (5) where equipment will be maintained and by which entity; 
(6) additional background on the challenges the project aims to 
address; (7) the expected users and beneficiaries of the project; 
projected ridership, Revenues and costs; (8) all railroads/entities 
owning tracks to be used; (9) Service providers or entities expected to 
provide Services or facilities that will be used, including access to 
Amtrak systems, stations, and facilities; (10) train operators and 
their qualifications; (11) plan for ensuring safe operations; and (12) 
any other information the applicant deems necessary to justify the 
proposed project. An applicant must also specify whether it is seeking 
funding for a proposed project that has already received federal 
financial assistance, and, if applicable, explain how the proposed 
scope to be funded under this Notice relates to the previous scope that 
has received federal financial assistance.
---------------------------------------------------------------------------

    \16\ The information should be consistent with details in the 
capital and mobilization plan and operating plan.
---------------------------------------------------------------------------

    vii. Project Location: The applicant must include geospatial data 
for the project along with other information as shown in the example 
project location table below, as well as a map of the proposed 
project's location. Geospatial data can be expressed in terms of 
decimal degrees for latitude and longitude of at least five decimal 
places of precision \17\ (preferred option), along with start and end 
mileposts designating railroad code and subdivision name. On the map, 
include the Congressional districts in which the proposed project will 
take place.
---------------------------------------------------------------------------

    \17\ For example, if a project was proposed to start at a 
(hypothetical) station 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.

                                                                 Project Location Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Location (e.g.,
                                           corridor/route      Start        Start         End          End          Host      Right-of-way     Railroad
                                                name)         latitude    longitude     latitude    longitude     railroad      owner(s)     subdivision
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of Service.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    viii. Evaluation and Selection Criteria: The applicant must include 
a thorough discussion of how the proposed project meets all the 
evaluation and selection criteria. FRA will evaluate applications based 
on project readiness, technical merit, and project benefits, and will 
consider how the applicant's project aligns with selection criteria 
(selection preferences and 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 data 
related to the Initiation, Enhancement, or Restoration of Service.
    ix. Project Implementation and Management: The applicant must 
describe proposed project implementation and project management 
arrangements. Include

[[Page 57507]]

descriptions of the expected arrangements for project contracting, 
contract oversight, change-order management, risk management, and 
conformance to federal requirements for project progress reporting. 
Demonstrate legal, financial, and technical capacity to perform the 
proposed project.
    Further, applicants must provide their plan for taking affirmative 
steps to employ small businesses consistent with 2 CFR 200.321. 
Describe past experience in managing and overseeing similar projects, 
as applicable; 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 risk evaluation 
factors in 2 CFR 200.206(b) and the proposed approach to assessing and 
mitigating project risk (these factors may be summarized in the Project 
Narrative and additional information may be provided as supporting 
documentation, as applicable).\18\
---------------------------------------------------------------------------

    \18\ Project risks, such as procurement delays, litigation 
uncertainties, pending decisions on securing commitments of funds 
(and any uncertainty with timing of necessary state/local 
legislative appropriation action) or other federal funding 
assistance sources, concerns expressed by stakeholders, or lack of 
legislative approval, affect the likelihood of successful project 
start and completion. Applicants must identify all material risks to 
the project and the strategies that the lead applicant and any 
project partners have undertaken or will undertake to mitigate those 
risks. The applicant will assess the greatest risks to the project 
and identify how the project parties will mitigate those risks. The 
applicant must include its risk monitoring, management and 
mitigation strategy and explain management staffing plans and 
procedures.
---------------------------------------------------------------------------

b. Additional Application Elements
    Applicants must submit the documents and forms listed in this 
section. 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, budget, 
estimated project schedule, and performance measures for the proposed 
project if it were selected for award. Applicants are expected to use 
the templates for the SOW, project budget, estimated project schedule, 
and performance measures that are Articles 4-7 of Attachment 2: 
Restoration and Enhancement Grant Program Project Specific Terms and 
Conditions. Those documents must contain sufficient detail so FRA, and 
the applicant, can understand the expected outcomes of the proposed 
work to be performed and can monitor progress toward completing project 
tasks and deliverables during a prospective grant's period of 
performance. Applications that do not follow this format may be 
considered incomplete and may not be reviewed.\19\
---------------------------------------------------------------------------

    \19\ The 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.
---------------------------------------------------------------------------

    When preparing the budget, the estimated total Net Operating Cost 
of the proposed 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. The project schedule should be 
sufficiently detailed to include the date when the first Year of 
Service will commence and the planned Revenue Service start date, as 
well as reasonable due dates for expenses associated with the operation 
of the Service.
    For all proposed projects, applicants must provide information 
about proposed performance measures, as described in Section F(3) and 
required in 2 CFR 200.301. Further, applicants must provide their plan 
for taking affirmative steps to employ small businesses consistent with 
2 CFR 200.321.
    ii. Capital and mobilization plan that includes:
    (A) A description of any necessary capital investments recently 
completed or not-yet-completed for the Service that are related to the 
proposed project (as applicable), Service planning actions (such as 
environmental reviews), and mobilization actions (such as 
qualifications of train crews) required for Initiation, Enhancement, or 
Restoration of the intercity passenger rail transportation; and
    (B) A timeline for undertaking and completing each of the 
investments and actions referred to in subparagraph (A) above. 
Applicants must follow the sample timeline table format to the extent 
practical (modifications can be made by adding rows or columns, as 
appropriate). In addition, the timeline table must include all actions 
required, along with realistic, estimated completion timeframes, to 
start Service, using FRA's anticipated R&E award selection timeframe as 
a key milestone--see the FRA Discretionary Grants Calendar on the FRA 
website.\20\ The applicant should describe which eligible R&E 
activity(ies) are part of the first Year of Service to help inform when 
R&E grant cost accounting would start. Separate from the table, 
applicants should describe any assumptions or provide any explanatory 
information to add proper context.
---------------------------------------------------------------------------

    \20\ https://railroads.dot.gov/elibrary/calendar-fra-publications-cy2024 or https://railroads.dot.gov/grants-loans/grants-loans (under the `Related Links' section).

                                              Sample Timeline Table
----------------------------------------------------------------------------------------------------------------
                                                     R&E eligible
                                    Status (not    activity planned
                                    started, in      to be part of      Est. start date     Est. completion date
           Activity *                progress,       first year of        (month/year)          (month/year)
                                 complete, or not   service? (yes/
                                  applicable **)          no)
----------------------------------------------------------------------------------------------------------------
Environmental Clearance........  ................  ................  MONTH 202X...........  MONTH 202X.
Securing Equipment.............
Train Crew Hiring..............
Train Crew Qualifying..........
Agreement with host railroad
 (preparation of draft through
 execution).
Operating agreement
 (preparation of draft through
 execution).
Cost share agreement
 (preparation of draft through
 execution).
Process of securing approvals
 for the name of the new
 Service, as applicable.
[Insert other activity (e.g.,
 any necessary capital
 improvements, etc.)].
[Insert other activity]........
Start of Revenue Service.......
----------------------------------------------------------------------------------------------------------------
* Applicants should include all major and notable activities, whether they are eligible or not eligible under
  the R&E Program, that are necessary for Revenue Service to begin. If an activity is complete at the time of
  application submission, indicate completion date (Month/Year).


[[Page 57508]]

    iii. Operating plan describing:
    (A) Planned Service operation;
    (B) Identity and qualifications of the train operator;
    (C) Identity and qualifications of any other Service providers 
(e.g., on-board Service, equipment maintenance, station staff);
    (D) Service frequency;
    (E) Planned Routes and schedules;
    (F) Station facilities that will be utilized;
    (G) Projected ridership, Revenues, and costs, along with 
descriptions of how and when the projections were developed;
    (H) Equipment that will be utilized, how and when such equipment 
will be acquired or refurbished (if necessary), and where such 
equipment will be maintained; and
    (I) A plan for ensuring safe operations and compliance with 
applicable safety regulations.
    iv. Funding plan that:
    (A) Describes the funding of initial capital costs and Operating 
Costs for the first six years of operation, along with projected 
Revenue and Net Operating Costs. Provide date of cost estimates and 
indicate if cost estimate updates are pending or needed;
    (B) Includes commitment by the applicant to provide the funds 
described in subparagraph (1) to the extent not covered by federal 
grants and Revenues; and
    (C) Describes the funding of Operating Costs and capital costs, to 
the extent necessary, after the first six years of operation.
    (D) The applicant should propose a schedule for payment of invoices 
and submission of federal reimbursement requests.\21\ Also, describe 
how that proposed schedule aligns with the applicant's fiscal year and 
reconciliation of expenditures. The applicant should generally describe 
its process, including timeframes, to reconcile Operating Costs and 
account for Revenue for each Year of Service in relation to its fiscal 
year. For example, if some Operating Costs for the first Year of 
Service are incurred near the end of the fiscal year, describe the 
process to reconcile all first Year of Service Operating Costs, as it 
could impact budgeting and financial accounting for subsequent Years of 
Service. FRA will work with applicants selected for an R&E award to 
review and discuss further.
---------------------------------------------------------------------------

    \21\ Applicant can list timeframes, such as ``invoices to be 
paid [insert number] days after receipt of invoice; reimbursement 
requests would be submitted on [insert appropriate timeframe 
(quarterly, semi-annually, etc.)] basis, etc.''
---------------------------------------------------------------------------

    v. Status of negotiations and agreements with:
    (A) Each of the railroads or regional transportation authorities 
whose tracks or facilities would be utilized by the Service;
    (B) The anticipated Rail Carrier if such entity is not part of the 
applicant group;
    (C) Any other Service providers or entities expected to provide 
Services or facilities that will be used by the Service, including any 
required access to Amtrak systems, stations, and facilities if Amtrak 
is not part of the applicant group; and
    (D) Cost share partners if there will be multiple parties 
contributing toward the cost of the Service. Indicate the level of 
approval required within each entity and/or if any council, board, or 
legislative approval is required.
    vi. Environmental compliance documentation, as applicable, if a 
website link is not cited 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, state, 
tribal, and local 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-related milestones. 
Additional information regarding FRA's environmental processes and 
requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment.
    vii. SF 424--Application for Federal Assistance.
    viii. SF 424A--Budget Information for Non-Construction.
    ix. SF 424B--Assurances for Non-Construction.
    x. FRA F30--Certification Regarding Debarment, Suspension and Other 
Responsibility Matters, Drug-Free Workplace Requirements and Lobbying.
    xi. FRA F 251--Applicant Financial Capability Questionnaire.
    xii. SF LLL--Disclosure of Lobbying Activities.

3. Unique Entity Identifier (UEI) and System for Award Management (SAM)

    To apply for funding through www.Grants.gov, applicants must be 
properly registered in SAM before submitting an application, provide a 
valid UEI 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 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 www.Grants.gov, applicants must follow the 
directions below in Section D(3)(a).
a. Register With the SAM at www.SAM.gov
    All applicants for federal financial assistance must maintain 
current registrations in the SAM database. An applicant must be 
registered in SAM to successfully register in Grants.gov. The SAM 
database is the repository for standard information about federal 
financial assistance applicants, recipients, and subrecipients. 
Organizations that have previously submitted applications via 
www.Grants.gov are already registered with SAM, as it is a requirement 
for Grants.gov registration. Please note,

[[Page 57509]]

however, that applicants must update or renew their SAM registration at 
least once per year to maintain an active status. Therefore, it is 
critical to check registration status well in advance of the 
application deadline. If an applicant is selected for an award, the 
applicant must maintain an active SAM registration with current 
information throughout the period of the award, including information 
on a recipient's immediate and highest-level owner and subsidiaries, as 
well as on all predecessors that have been awarded a federal contract 
or grant within the last three years, if applicable. Information about 
SAM registration procedures is available at www.SAM.gov.
b. Obtain a Unique Entity Identifier
    On April 4, 2022, the Federal government discontinued using the 
Data Universal Numbering System (DUNS). The DUNS number was replaced by 
a new, non-proprietary identifier that is provided by the System for 
Award Management (SAM.gov). This new identifier is called the Unique 
Entity Identifier (UEI), or the Entity ID. To find or request a Unique 
Entity Identifier, please visit www.SAM.gov.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 11:59 p.m. ET, September 30, 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. To apply for funding under this announcement, all 
applicants are expected to be registered as an organization with 
Grants.gov. Applicants are strongly encouraged to apply early to ensure 
all materials are received before this deadline.
    To ensure a fair competition of limited discretionary funds, no 
late submissions will be reviewed for any reason, including: (1) 
failure to complete the Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; and (4) technical issues experienced 
with the applicant's computer or information technology environment.

5. Intergovernmental Review

    Intergovernmental Review is required for this Program. Applicants 
must contact their state single point of contact to comply with their 
state's process under Executive Order 12372.\22\
---------------------------------------------------------------------------

    \22\ https://www.archives.gov/federal-register/codification/executive-order/12372.html.
---------------------------------------------------------------------------

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.\23\ 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.
---------------------------------------------------------------------------

    \23\ 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.
---------------------------------------------------------------------------

    FRA is prohibited under 49 U.S.C. 22905(f) from providing R&E 
grants for Commuter Rail Passenger Transportation. FRA's interpretation 
of this provision is informed by the language in 49 U.S.C. 22908(b). 
Under this NOFO, FRA's primary intent in funding projects is to help 
offset initial operating losses while the new or expanded Intercity 
Passenger Rail Services build their ridership and Revenue base. Such 
projects may be located on shared corridors where Commuter Rail 
Passenger Transportation and/or freight rail also benefit from the 
project.

7. Other Submission Requirements

a. Submission Location
    Applications must be submitted to www.Grants.gov. FRA does not 
accept applications via mailed paper, fax machine, email, or other 
means.
b. Consideration of Applications
    Only applicants who comply with all submission deadlines described 
in this NOFO and electronically submit valid, on-time applications 
through www.Grants.gov will be eligible for award.
c. Late Applications
    Any applications that Grants.gov time stamps after 11:59 p.m. ET 
September 30, 2024 will not be accepted. Applicants are strongly 
encouraged to make submissions days, if not weeks, in advance of the 
deadline, and applicants facing technical issues are advised to contact 
the Grants.gov helpdesk well in advance of the deadline.

E. Application Review Information

1. Criteria

a. Eligibility and Completeness Review
    FRA will first screen each application for applicant and project 
eligibility (eligibility requirements are outlined in Section C of this 
Notice) and completeness (application documentation and submission 
requirements are outlined in Section D of this Notice). As described in 
Section D(2)(a)(iv), FRA will also evaluate information provided by the 
applicant to identify and support its legal authority to undertake the 
activities it would conduct if it is selected for an R&E grant award.
b. Evaluation Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria (as part of the merit review) outlined in this 
section to determine project readiness, technical merit, and project 
benefits. FRA will consider the adequacy of information provided in the 
application in evaluating whether the application is complete and 
responsive to the evaluation criteria.
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 operation of the Service in a timely 
manner to meet their proposed schedule. FRA will evaluate whether the 
applicant is able to meet project milestones and use federal funds 
efficiently to deliver the proposed project.\24\ In addition to 
responding to the Project Readiness criteria, applicants should provide 
a thorough summary of the following, which should overlap with 
information in the required documents: operating plan; capital and 
mobilization plan including any capital investments, Service planning 
actions, mobilization actions (such as qualification of train crews); 
and timeline for undertaking and completing each of the investments. 
Describe additional information such as the status of negotiation of 
any cost share agreements between partners (indicate the level of 
approval required within each entity); acquisition of equipment status 
and timeline; construction of any

[[Page 57510]]

necessary infrastructure for the Initiation, Restoration, or 
Enhancement of Service to be funded under this Notice; status of the 
installation and/or full implementation of a Positive Train Control 
system, as applicable; other federal/non-federal agency approvals (e.g. 
Surface Transportation Board approval); and, other actions necessary 
for Initiation, Restoration, and Enhancement of Service that have been 
completed or remain necessary for completion.
---------------------------------------------------------------------------

    \24\ 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 application information for the degree to which 
the application demonstrates strong project readiness, evidenced by:
    (A) The appropriate planning, design, any environmental reviews, 
negotiation of agreements, acquisition of equipment, construction, and 
other actions necessary for Initiation, Restoration, or Enhancement of 
Service have been completed or nearly completed (49 U.S.C. 
22908(d)(1));
    (B) Funds are committed (i.e., level of certainty of the 
commitment, such as the funds are secured with necessary approvals vs. 
necessary approvals are pending) to cover the portion of the Net 
Operating Costs not covered by the R&E grant;
    (C) The capital and mobilization plan, operating plan, funding 
plan, and status of negotiations and agreements described in Section 
D(2)(b), are appropriate for the proposed project, including the 
planned first Year of Service, proposed Service start date, and 
subsequent Year(s) of Service included in the proposed grant period of 
the proposed project, at a minimum (See 49 U.S.C. 22908(c)).
ii. Technical Merit
    In evaluating Technical Merit, FRA will evaluate the degree to 
which the SOW, project budget, and estimated project schedule 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 with respect to the 
applicant's past performance as a FRA recipient for grant-funded 
projects, as applicable. FRA will evaluate application information for 
the degree to which:
    (A) The tasks and subtasks outlined in the SOW, estimated project 
schedule, and project budget, are reasonable and appropriate to achieve 
the expected outcomes of the proposed project;
    (B) The technical qualifications and demonstrated experience of key 
personnel proposed to lead and perform the technical efforts, and the 
qualifications of the primary and supporting organizations to fully and 
successfully execute the proposed project within the proposed timeframe 
and budget;
    (C) The applicant's past performance in developing and delivering 
similar projects, as applicable, and previous financial contributions;
    (D) The applicant's proposed approach to assessing and mitigating 
risk is appropriate for the proposed project;
    (E) Whether the applicant has, or will have, the legal, financial, 
and technical capacity to carry out the project; satisfactory 
continuing access to equipment or facilities; and the capability and 
willingness to maintain the equipment or facilities.
iii. Project Benefits
    FRA will evaluate the project benefits of the proposed project for 
the anticipated private and public benefits, including any combination 
of the following:
    (A) Provide daily or daytime Service over Routes where such Service 
did not previously exist (49 U.S.C. 22908(d)(3));
    (B) Restore Service over Routes formerly operated by Amtrak, 
including Routes described in section 11304 of the Passenger Rail 
Reform and Investment Act of 2015 (49 U.S.C. 22908(d)(2));
    (C) Provide Service to regions and communities that are underserved 
or not served by other intercity public transportation (49 U.S.C. 
22908(d)(6));
    (D) Foster economic development, particularly in rural communities 
and for disadvantaged populations (49 U.S.C. 22908(d)(7));
    (E) Provide other non-transportation benefits (49 U.S.C. 
22908(d)(8)); and,
    (F) Enhance connectivity and geographic coverage of the existing 
national network of Intercity Passenger Rail Service (49 U.S.C. 
22908(d)(9)).
    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, and will 
result in a rating of ``unacceptable,'' ``high,'' ``medium,'' or 
``low'' as described in the rubric tables below. For each merit 
criterion, FRA will use rubric ratings with applied criteria to 
evaluate whether the applications meet the defined thresholds:

            Merit Criteria Ratings--Project Readiness (Risk)
 [For the Project Readiness Criteria described in Section E(1), 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         readiness          project           evidence to
 readiness          criterion;         readiness         assess the
 criterion;         application does   criteria;         project
 application        not demonstrate    demonstrates      readiness
 fails to           that sufficient    support,          criteria, and
 demonstrate        support,           progress, or      demonstrates
 support,           progress, or       completion of     strong support,
 progress, or       completion of      appropriate       progress, or
 completion of      appropriate        Service           completion of
 appropriate        Service            preparation       appropriate
 Service            preparation        activities, but   Service
 preparation        activities but     indicates some    preparation
 activities; or     indicates risk     risk to           activities, and
 application        to advancing the   advancing the     indicates
 contains one or    project without    project in a      minimal risk to
 more barriers      foreseeable        timely manner;    advancing the
 that would         delays; or         and the           project in a
 prevent project    application        application       timely manner;
 delivery.          contains a         does not          and application
                    barrier that       contain a         does not
                    would likely       barrier that      contain a
                    prevent project    would likely      barrier that
                    delivery in any    prevent project   would likely
                    of these areas.    delivery in any   prevent project
                                       of these areas.   delivery in any
                                                         of these areas.
------------------------------------------------------------------------


[[Page 57511]]


                 Merit Criteria Ratings--Technical Merit
  [For the Technical Merit Criteria described in Section E(1), 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        it 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(1) 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 limited   contains           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 benefits   project           evidence to
 project benefits   criteria; or       benefits          assess the
 criteria, and      does not           criteria, and     project
 demonstrates the   demonstrate that   adequately        benefits
 project is not     the project will   demonstrates      criteria, and
 likely to          achieve all its    that the          it sufficiently
 achieve its        intended           project will      demonstrates
 intended           benefits.          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 and consider the Administration Priorities, both 
described in Section E(1).
iv. Selection Criteria
    After completing the review of eligibility, completeness, and 
evaluation criteria (merit review), among projects of similar merit, 
FRA will apply the following criteria:
    (A) Selection Preferences. FRA will give preference to applications 
that include or demonstrate--
    1. The proposed R&E funding is less than the maximum funding limit 
for the applicable Year(s) of Service, as specified in Section C(2);
    2. The application includes funding more than one source, such as 
state, local, regional governmental, and/or private sources, 
demonstrating broad participation by affected stakeholders (49 U.S.C. 
22908(d)(4));
    3. The applicant has funding plan that demonstrates the Service 
will be financially sustainable beyond the grant period of performance 
(49 U.S.C. 22908(d)(5));
    4. The proposed Services are on Route(s) selected under the 
Corridor Identification and Development Program and operated by Amtrak 
(49 U.S.C. 22908(d)(10)); \25\ and,
---------------------------------------------------------------------------

    \25\ The Corridor Identification and Development Program 
(Corridor ID) is a new program authorized under IIJA. FRA recently 
developed the program including the three corridor development steps 
(Steps), as well as made its first award selections on December 8, 
2023, in response to the FY 2022 Corridor ID NOFO. Only projects 
proposed for funding under this NOFO that have completed all 
Corridor ID Steps will receive this preference. At the time of 
publication of this NOFO, no corridor has completed all Corridor ID 
Steps; therefore, it is not expected that any applicants will 
benefit from this preference.
---------------------------------------------------------------------------

    5. The start of Revenue Service is likely to occur within one year 
of award selection. This means most Service preparation activities, 
particularly activities with uncertain duration or duration of more 
than one year and activities necessary to resolve complex issues, have 
been initiated, are well underway, and have realistic near-term 
completion dates based on supporting explanations and/or documentation. 
This is due to the limitation on the number of active R&E grants.
    (B) Administration Priorities:
    USDOT prioritizes projects that help to address transportation 
insecurity, which is the inability for people to get to where they need 
to go to meet the needs of their daily life regularly, reliably, and 
safely due to either the high cost of transportation, lack of access, 
or lack of safe transportation options. When identifying projects, 
applicants must consider how the proposed project will increase safety, 
lower transportation costs, increase the availability of multimodal 
transportation options, and decrease greenhouse gas emissions. Funding 
applications should state the identified area of transportation 
insecurity the project is mitigating or reversing. USDOT will also 
consider whether the applicant is participating in a federal technical 
assistance program as part of the cross-government place based 
technical assistance efforts, as appropriate.
    1. Safety: FRA will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with the Administration's Priorities to reduce transportation-related 
fatalities and serious injuries across the transportation system. Such 
considerations will include, but are not limited to, safe operations of 
the Intercity Passenger Rail Service. Overall, FRA expects that 
projects will provide positive safety benefits for all users and not 
negatively impact safety for all users.
    2. 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 quality. 
Projects that lead to a significant reduction of emissions meet the 
objective of this priority.
    3. Equity and Justice40: FRA will assess elements including how the 
project will enable all people within the multimodal transportation 
networks to reach their desired destination safely, affordably, and 
with a comparable level of efficiency and ease, how the project helps 
reconnect communities and mitigate neighborhood bifurcation, and how 
the applicant will engage the public, including disadvantaged 
communities, during the project's operations Lifecycle Stage. FRA will 
consider the benefits and potential burdens a project may create, who 
would experience them, and how the

[[Page 57512]]

benefits and potential burdens will impact underserved/disadvantaged 
communities.
    Applicants are strongly encouraged to use FRA's Justice40 Rail 
Explorer Tool, (https://usdot.maps.arcgis.com/apps/webappviewer/?id=fd9810f673b64d228ae072bead46f703) in their assessment, 
which is a rail-specific complement to the USDOT Equitable 
Transportation Community (ETC) Explorer.\26\ The FRA Justice40 Rail 
Explorer Tool provides GIS information on communities and pollution 
based on the project's location, and applicants can 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.
---------------------------------------------------------------------------

    \26\ As appropriate, applicants may also supplement the 
Justice40 Rail Explorer Tool by referencing the 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 percent of benefits from 
certain federal investment reach disadvantaged communities.
---------------------------------------------------------------------------

    4. 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; promote investments in high-
quality workforce development programs with supportive services to help 
train, place, and retain people in good-paying jobs or registered 
apprenticeships, with a focus on women, people of color, and others who 
are underrepresented in infrastructure jobs (people with disabilities, 
people with convictions, etc.); and change hiring policies and 
workplace cultures to promote the entry and retention of 
underrepresented populations. Also, FRA will consider how the project 
promotes local inclusive economic development and entrepreneurship such 
as the utilization of Disadvantaged Business Enterprises, Minority-
owned Businesses, Women-owned Businesses, or U.S. Small Business 
Administration 8(a) Business Development program firms.
    For Administration Priorities, FRA will evaluate whether the 
application demonstrates level of risk or responsiveness, as 
applicable, 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 a certain criterion is not applicable to 
the proposed project or indicate if a criterion is not applicable.

                    Administration Priorities Ratings
 [For the Administration Priorities Criteria described in Section E (1),
   FRA will evaluate 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 benefits    some evidence,     that is           information
 to any of 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.
------------------------------------------------------------------------

    The evaluation process may draw upon subject matter experts within 
FRA Divisions 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 
proposed 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.
    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 
Section E(1); and the Administration Priorities as described in Section 
E(1). Provided in the Overall Rating Rubric below, each rating has 
defined parameters by which each application will be assessed.

                                                 Overall Rating
----------------------------------------------------------------------------------------------------------------
           Not recommended                   Acceptable               Recommended           Highly recommended
----------------------------------------------------------------------------------------------------------------
The application received an overall   The application received  The application          The application
 score of unacceptable based on        an overall score of       received an overall      received an overall
 Project Readiness, Technical Merit,   acceptable based on       score of recommended     score of highly
 and Project Benefits ratings, and     Project Readiness,        based on Project         recommended based on
 consideration of Administration       Technical Merit, and      Readiness, Technical     Project Readiness,
 Priorities.                           Project Benefits          Merit, and Project       Technical Merit, and
                                       ratings, and              Benefits ratings, and    Project Benefits
                                       consideration of          has clear and direct     ratings, and has
                                       Administration            benefits in one of the   clear, direct, and
                                       Priorities.               Administration           significant benefits
                                                                 Priorities.              in one or more of the
                                                                                          Administration
                                                                                          Priorities.
----------------------------------------------------------------------------------------------------------------

2. Review and Selection Process

    FRA will conduct a five-part application review process, as 
follows:
    a. Intake and Eligibility Phase: Screen applications for applicant 
and project eligibility, completeness, and the minimum amount of non-
federal funds or other federal financial assistance (completed by the 
Evaluation

[[Page 57513]]

Management and Oversight Team (EMOT) comprised of FRA program review 
directors who manage the pre-award process);
    b. Evaluation Review Phase: Evaluate remaining applications against 
the technical merit criteria, project benefit criteria, and project 
readiness, assess environmental review risk, and consider alignment 
with the Administration Priorities. The evaluation review is conducted 
by technical merit review panels consisting of FRA staff. The technical 
merit review panels may also include other staff from the U.S. 
Department of Transportation (DOT). The EMOT will compile the results 
of the Evaluation Review Phase consistent with the R&E Program 
selection preferences. After considering all FRA reviews under the 
statutory requirements and evaluation and selection criteria, 
applications will be assigned an overall rating of ``Highly 
Recommended,'' ``Recommended,'' ``Acceptable,'' or ``Not Recommended'';
    c. 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 departments. The Steering Committee advises the EMOT in 
the development and review of the proposed materials in preparation of 
the Senior Review Team (SRT) briefing. The Steering Committee may 
request more information from FRA offices whose expertise may be 
relevant.
    d. Senior Review Phase: The SRT will review, apply selection 
criteria, and recommend initial selection of projects for the FRA 
Administrator's review (completed by a Senior Review Team, which will 
include FRA senior leadership and may include senior leadership from 
the Office of the Secretary, as needed); and
    e. Selection and Award Phase: Select recommended awards for the 
Under Secretary of Transportation'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 
funding greater than the simplified acquisition threshold per 2 CFR 
200.1 and 2 CFR 200.320, FRA will review and consider any information 
about the applicant that is in the designated integrity and performance 
system accessible through SAM (currently the Federal Awardee 
Performance and Integrity Information System (FAPIIS)). See 41 U.S.C. 
2313.
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information, in making a judgment about the applicant's 
integrity, business ethics, and record of performance under federal 
awards when completing the review of risk posed by applicants as 
described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

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

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this Notice, recipients of funds 
must comply with all applicable requirements of federal law, including, 
without limitation, the Constitution of the United States; the 
conditions of performance, nondiscrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of DOT; and applicable federal financial assistance and 
contracting principles promulgated by the Office of Management and 
Budget. In complying with these requirements, recipients, must ensure, 
in particular, 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 recipient 
has failed to comply with applicable federal requirements, DOT may 
terminate the award of funds and disallow previously incurred costs, 
requiring the grantee to reimburse any expended award funds.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards at 2 CFR part 200 
subpart D, 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; 
the Americans with Disabilities Act (ADA); safety requirements; NEPA; 
and environmental justice requirements. Unless otherwise stated in 
statutory or legislative authority, or appropriations language, all 
financial assistance awards follow the Uniform Administrative 
Requirements, Cost Principles and Audit Requirements for Federal Awards 
at 2 CFR part 200 and 2 CFR part 1201.
    Assistance under this NOFO is subject to the grant conditions in 49 
U.S.C. 22905, including protective arrangements that are equivalent to 
the protective arrangements established under section 504 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
836) with respect to employees affected by actions taken in connection 
with the project to be financed in whole or in part by grants subject 
to 49 U.S.C. 22905, and the provision deeming operators Rail Carriers 
and employers for certain purposes.\27\
---------------------------------------------------------------------------

    \27\ Under 49 U.S.C. 22905(c)(1), a written agreement between 
the applicant and the owner of railroad rights-of-way is only 
required if the project uses the railroad right-of-way. Financial 
assistance for a project that is limited to operations does not use 
the railroad right-of-way, so no such agreement is required.
---------------------------------------------------------------------------

    Projects that have not sufficiently considered climate change and 
sustainability in their planning, as determined by FRA, will be 
required to do so before obligating a grant, consistent with Executive 
Order 14008,\28\ Tackling the Climate Crisis at Home and Abroad (86 FR 
7619). In the grant agreement, recipients will be expected to describe 
activities they have taken or will take that addresses climate change. 
Activities that address climate change include, but are not limited to, 
demonstrating the proposed project will result in significant 
greenhouse gas

[[Page 57514]]

emissions reductions; the project supports emissions reductions goals 
in a local/regional/state plan; the project improves disaster 
preparedness and resilience; 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 inequities include, but 
are not limited to, supporting a modal shift in freight or passenger 
movement to reduce emissions or reduce induced travel demand.
---------------------------------------------------------------------------

    \28\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/.
---------------------------------------------------------------------------

    Projects must consider and address equity and barriers to 
opportunity in their planning, as determined by FRA, consistent with 
Executive Order 13985,\29\ Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government (86 FR 7009). In 
the grant agreement, recipients should include a description of 
activities they have taken or will take that addresses equity and 
barriers to opportunity. These activities may include, but are not 
limited to: completing an equity impact analysis for the project; 
adopting an equity and inclusion program/plan; conducting meaningful 
public engagement to ensure underserved communities are provided an 
opportunity to be involved in the planning process; including 
investments that either redress past barriers to opportunity or that 
proactively create new connections and opportunities for underserved 
communities; hiring from local communities; improving access to or 
providing economic growth opportunities for underserved, overburdened, 
or rural communities; or addressing historic or current inequitable air 
pollution or other environmental burdens and impacts.
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    \29\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
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    Recipients must comply with applicable appropriations act 
requirements and all relevant requirements of 2 CFR part 200. Rights to 
intangible property under grants awarded under this NOFO are governed 
in accordance with 2 CFR part 200.315. See an example of standard terms 
and conditions for FRA grant awards at https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is 
subject to revision.
    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,\30\ Worker Organizing and Empowerment (86 FR 22829), and 
Executive Order 14052,\31\ Implementation of the Infrastructure 
Investment and Jobs Act (86 FR 64335). Specifically, the 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) 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.
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    \30\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/26/executive-order-on-worker-organizing-and-empowerment/.
    \31\ https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/12/executive-order-on-the-implementation-of-the-energy-and-infrastructure-provisions-of-the-inflation-reduction-act-of-2022/.
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a. Federal Contract Compliance
    As a condition of grant award and consistent with Executive Order 
11246,\32\ 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 seven percent 
workers with disabilities.
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    \32\ https://www.dol.gov/agencies/ofccp/executive-order-11246/ca-11246.
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    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with protecting America's 
workers by enforcing equal employment opportunity and affirmative 
action obligations of employers that do business with the federal 
government. OFCCP enforces Executive Order 11246, Section 503 of the 
Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974. Together these legal authorities make it 
unlawful for federal contractors and subcontractors to discriminate in 
employment because of race, color, religion, sex, sexual orientation, 
gender identity, national origin, disability, or status as a protected 
veteran.
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 both physical and 
cyber threats. Each applicant selected for federal funding under this 
notice must demonstrate, prior to signing of the grant agreement, 
efforts to consider and address physical and cyber security risks 
relevant to the transportation mode and type and scale of the project. 
Proposed 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 grant 
obligation, consistent with the National Security Memorandum 
Presidential Policy Directive 221 to Secure and Enhance the Resilience 
of U.S. Critical Infrastructure.\33\
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    \33\ https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/30/fact-sheet-biden-harris-administration-announces-new-national-security-memorandum-on-critical-infrastructure/.
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c. Domestic Preference Requirements
    Assistance under this NOFO is subject to the Buy America 
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America 
Act, Public Law 117-58, 70901-52. In addition, as expressed in 
Executive Order 14005,\34\ Ensuring the Future Is Made in All of 
America by All of America's Workers (86 FR 7475), it is the policy of 
the executive branch to maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. FRA expects all applicants to comply with that 
requirement without needing a waiver. However, to obtain a waiver, an 
applicant must be prepared to demonstrate how the applicant will 
maximize the use of domestic goods, products, and materials in 
constructing its project. If an applicant anticipates it may need a 
waiver, the applicant should indicate the need in its application and

[[Page 57515]]

submit materials necessary for such requests together with its 
application.
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    \34\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/executive-order-on-ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-workers/.
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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 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 the applicable Operating Administrations' Office 
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 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 115-435 (2019) 
urges federal awarding agencies and federal assistance recipients and 
subrecipients to use program evaluation as a critical tool to learn, to 
improve equitable delivery, and to elevate program service and delivery 
across the Project Performance Period of the grant agreement/
cooperative agreement. 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 recipient to assess progress in achieving strategic 
goals and objectives. Examples of some performance measures are listed 
in the table below. The applicable measure(s) will depend upon the type 
of project, consistent with the recipient's application materials and 
program goals.

                                          Example Performance Measures
----------------------------------------------------------------------------------------------------------------
                                                                 Primary administration
         Performance measures               Unit reported               priority               Description
----------------------------------------------------------------------------------------------------------------
Number of Passenger Trains...........  Total number of          Workforce Development,   The number of daily
                                        Passenger Trains per     Job Quality, and         passenger trains
                                        Year.                    Wealth Creation.         between city pairs on
                                                                                          the Route.
Passenger Ridership (i.e., Counts)...  Total Ridership per      Workforce Development,   Total annual passenger
                                        Year.                    Job Quality, and         ridership represented
                                                                 Wealth Creation.         in total tickets sold
                                                                                          or trips completed for
                                                                                          passengers boarding
                                                                                          and alighting
                                                                                          (departing and
                                                                                          arriving) at all
                                                                                          stations on the Route.
Annual Revenue.......................  U.S. Dollars per Year..  Workforce Development,   Total annual Revenue
                                                                 Job Quality, and         generated from
                                                                 Wealth Creation.         ridership of the
                                                                                          Service, represented
                                                                                          from total tickets
                                                                                          sold for trips
                                                                                          originating or
                                                                                          terminating at all
                                                                                          stations on the Route.
----------------------------------------------------------------------------------------------------------------

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. DOT may 
require applicants to collect data elements to aid the evaluation. As a 
part of the evaluation, as a condition of award,

[[Page 57516]]

recipient 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.

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 Mr. Marc Dixon, 
Office of Rail Program Development, Federal Railroad Administration, at 
email: [email protected]; or telephone: 202-493-0614.

H. Other Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions.
    The DOT regulations implementing the Freedom of Information Act 
(FOIA) are found at 49 CFR part 7 Subpart C--Availability of Reasonably 
Described Records under the Freedom of Information Act which sets forth 
rules for FRA to make requested materials, information, and records 
publicly available under FOIA. Unless prohibited by law and to the 
extent permitted under the FOIA, contents of applications and proposals 
submitted by successful applicants may be released in response to FOIA 
requests. In addition, following the completion of the selection 
process and announcement of awards, FRA may publish a list of all 
applications received along with the names of the applicant 
organizations and funding amounts requested. Except for information 
withheld under the previous paragraph, FRA may also make application 
narratives publicly available or share application information within 
DOT or with other Federal agencies if FRA determines that sharing is 
relevant to the respective program's objectives.

    Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024-15357 Filed 7-12-24; 8:45 am]
BILLING CODE 4910-06-P