[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56526-56532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22925]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for Railroad Trespassing 
Enforcement Grant Program

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

ACTION: Notice of Funding Opportunity (notice or NOFO).

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SUMMARY: This notice details the application requirements and 
procedures to obtain grant funding for eligible projects under the 
Railroad Trespassing Enforcement Grant Program. Funding for this 
program totaling $150,000 is provided by the Consolidated 
Appropriations Act, 2019. The opportunities described in this notice 
are available under Catalog of Federal Domestic Assistance number 
20.301, ``Rail Safety Grants.''

DATES: Applications for funding under this solicitation are due no 
later than 5:00 p.m. Eastern Time (ET), on December 23, 2019. 
Applications for funding received after 5:00 p.m. ET on December 23, 
2019 will not be considered for funding. See Section D of this notice 
for additional information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through Grants.gov will be eligible 
for award. For any supporting application materials that an applicant 
is unable to submit via Grants.gov, an applicant may submit an original 
and two (2) copies to Amy Houser, Office of Program Delivery, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-412, 
Washington, DC 20590. However, due to delays caused by enhanced 
screening of mail delivered via the U.S. Postal Service, applicants are 
advised to use other means of conveyance (such as courier service) to 
assure timely receipt of materials.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, please contact Michail Grizkewitsch, Office of Railroad Safety, 
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-
446, Washington, DC 20590; email: [email protected]; phone: 
(202) 493-1370. Grant application submission and processing questions 
should be addressed to Ms. Amy Houser, Office of Program Delivery, 
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W36-
412, Washington, DC 20590; email: [email protected]; phone: (202) 493-
0303.

SUPPLEMENTARY INFORMATION: 
    Notice to applicants: FRA recommends that applicants read this 
notice in its entirety prior to preparing application materials. 
Definitions of key terms used throughout the NOFO are provided in 
Section A(2) below. These key terms are capitalized throughout the 
NOFO. There are several administrative prerequisites and eligibility 
requirements described herein that applicants must comply with to 
submit an application. Additionally, applicants should note that the 
required Project Narrative component of the application package may not 
exceed 25 pages in length.

Table of Contents:

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

1. Overview

    Trespassing on a railroad's private property and along railroad 
rights-of-way is the leading cause of rail-related fatalities in 
America. Since 1997, more people have been fatally injured each year by 
trespassing than in motor vehicle collisions with trains at highway-
rail grade crossings. Nationally, approximately 500 trespassing deaths 
occur each year.
    Trespassers are those who are on railroad property without 
permission. They are most often people who walk across or along 
railroad tracks as a shortcut to another destination. They also may be 
engaged in another activity such as loitering, hunting, bicycling, 
snowmobiling, or all-terrain vehicle riding.

[[Page 56527]]

    From August 4 to August 6, 2015, FRA sponsored the 2015 Right-of-
Way (ROW) Fatality and Trespass Prevention Workshop in Charlotte, North 
Carolina (https://www.fra.dot.gov/conference/row/index.shtml). One of 
the main objectives of the workshop was to present best practices and 
solicit new ideas about new or expanded initiatives, strategies, and 
programs for trespass prevention. The workshop provided a variety of 
presentations which covered key topic areas such as community outreach, 
enforcement, hazard management, infrastructure design and technology, 
pedestrian issues, and intentional deaths/acts.
    The enforcement session of the workshop covered effective safety 
and security initiatives to identify, apprehend, prosecute, and track 
trespassers along railroad ROWs. One of the top recommended actions 
from the enforcement session was to ``establish a federally funded 
grant program designed specifically for the enforcement of state, 
county, or municipal laws relating to railroad trespass violations. In 
response to that recommendation, FRA initiated the Fiscal Year 2018 Law 
Enforcement Strategies for Reducing Railroad Trespassing Pilot Grant 
Program (Pilot Program).
    Additionally, in its report accompanying the Fiscal Year 2018 
Department of Transportation (DOT) appropriation (Consolidated 
Appropriations Act, 2018, Pub. L. 115-141), the U.S. House of 
Representatives Committee on Appropriations directed FRA ``to identify 
and study the causal factors that lead to trespassing incidents on 
railroad property . . . .'' \1\ In that same report, the Committee also 
directed FRA to develop a national strategy that included milestones, 
timelines, and metrics to define success in preventing trespasser 
incidents and submit it to the House and Senate Committees on 
Appropriations. Further, the legislative history accompanying the 2019 
DOT Appropriation (Consolidated Appropriations Act, 2019, Pub. L. 116-
6) (2019 Appropriation), allocated $500,000 for FRA to build on its 
trespasser prevention strategy including ``by developing a risk model 
that includes . . . enforcement mitigation efforts to reduce trespasser 
incidents.'' \2\
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    \1\ H.R. Rep. No. 115-237, at 51 (2017).
    \2\ H.R. Rep. No. 116-9, at 909 (2019) (Conf. Rep.); H.R. Rep. 
No. 115-750 at 49 (2019).
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    In FRA's National Strategy to Prevent Trespassing on Railroad 
Property Report to Congress (October 2018),\3\ FRA identified four 
strategic areas: (1) Data gathering and analysis; (2) community site 
visits; (3) funding; and (4) partnerships with stakeholders. Under the 
Strategic Area 3--Funding, FRA stated it will work through the Federal 
budget cycles to identify funding to strengthen grant programs for 
trespasser mitigation, with the intent to implement strategies such as 
engineering solutions, law enforcement overtime, school resource 
officers, and outreach. As a result, under the Railroad Trespassing 
Enforcement Grant Program, FRA will provide grants \4\ for law 
enforcement wages in communities at risk for rail trespassing related 
incidents and fatalities.
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    \3\ https://www.fra.dot.gov/eLib/Details/L19817.
    \4\ 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.
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    The objective of this program is to reduce trespassing along the 
rail ROWs thereby reducing trespassing safety related incidents. FRA 
intends to award funds to projects most likely to achieve maximum 
benefits possible, thereby meeting, in part, several milestones, in its 
National Strategy to Prevent Trespassing on Railroad Property Report to 
Congress:
     Milestone 11: Work through the Federal budget cycles and 
reauthorization process to identify funds to strengthen grant programs 
that provide funding for trespasser mitigation, such as engineering 
solutions, law enforcement overtime, school resource officers, and 
outreach.
     Milestone 14: Provide information on availability and 
process for applying for FRA grants and other funding (e.g., law 
enforcement and Consolidated Rail Infrastructure and Safety 
Improvements grants) during focused surveys and outreach.
     Milestone 17: Partner with law enforcement and other 
organizations (e.g., International Association of Chiefs of Police, 
National Organization of Youth Safety) to collaborate on effective 
trespass prevention and mitigation measures (e.g., enforcement of 
trespass laws, methods to raise awareness and more effectively reach 
younger population to prevent trespassing).
    The funded agencies will perform rail trespassing enforcement 
activities and report those activities and associated benefits to FRA. 
The activities performed in this Grant Program and their benefits will 
not only reduce the number of trespasser incidents but will also help 
FRA to target and determine the effectiveness of various rail trespass 
prevention activities, consistent with FRA's Strategy to Prevent 
Trespassing on Railroad Property.
    Funding for the Railroad Trespassing Enforcement Grant Program is 
made available by the 2019 Appropriation, and grants under this NOFO 
are authorized in 49 U.S.C. 103(i).

2. Definitions of Key Terms

    a. ``Hot Spots'' for the purposes of this NOFO, means locations 
along the railroad right-of-way where the risk of trespassing or 
collision as a result of trespassing is high.
    b. ``Enforcement Activities'' means investigating compliance with, 
and enforcing, rail trespass-related laws.

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is $150,000. 
Should additional funds become available after the release of this 
NOFO, FRA may elect to award such additional funds to applications 
received under this NOFO.

2. Award Size

    There are no predetermined amounts for awards for each applicant, 
and FRA may choose to select one or more eligible projects for funding. 
FRA may not be able to award grants for all eligible applications, nor 
even to all applications that meet or exceed the stated evaluation 
criteria (see Section E, Application Review Information).

3. Award Type

    FRA will make awards for projects selected under this notice 
through grant agreements and/or cooperative agreements. Grant 
agreements are used when FRA does not expect to have substantial 
Federal involvement in carrying out the funded activity. Cooperative 
agreements allow for substantial Federal involvement in carrying out 
the agreed upon investment, including technical assistance, review of 
interim work products, and increased program oversight. The funding 
provided under this NOFO will be made available to grantees on a 
reimbursable basis. Applicants must certify that their expenditures are 
allowable, allocable, reasonable, and necessary to the approved project 
before seeking reimbursement from FRA. See an example of standard terms 
and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/Details/L19057.

C. Eligibility Information

    This section of the notice explains the requirements for submitting 
an eligible grant application. Applications that do not meet the 
requirements in this section will be considered ineligible for

[[Page 56528]]

funding. Instructions for conveying eligibility information to FRA are 
detailed in Section D of this NOFO.

1. Eligible Applicants

    State, county, municipal, local, and regional law enforcement 
agencies are the eligible applicants under this notice. At least 1 mile 
of FRA-regulated railroad track must be within the boundaries of the 
applying agency's jurisdiction. In an effort to target the benefits of 
this grant towards communities at high risk of rail trespass related 
incidents and casualties, FRA will give preference to law enforcement 
agencies from one of the 10 states with the highest incidence of rail 
trespass related casualties (as reported in the Rail Accident Incident 
Reporting System at https://www.fra.dot.gov/Page/P0037) from 2013 to 
2018. Those states are:

i. California
ii. Texas
iii. Illinois
iv. Florida
v. New York
vi. Pennsylvania
vii. Ohio
viii. New Jersey
ix. North Carolina
x. Georgia

See Section C.3, ``Other--Project Eligibility'' for information 
regarding the eligibility of projects.

2. Cost Sharing or Matching

    Neither cost sharing nor matching is a requirement for this Grant 
Program. The funds provided under this NOFO are available only for 
eligible project costs of eligible Railroad Trespassing Enforcement 
Grant Program projects. The estimated total cost of a project must be 
based on the best available information.

3. Other--Project Eligibility

    Funding under this NOFO is limited to hourly wages for law 
enforcement officials to undertake Enforcement Activities at Hot Spots 
within their respective jurisdictions or at areas that demonstrate a 
rail trespassing problem in their community on FRA-regulated track. 
Enforcement Activities may include investigating incidents or reports 
of trespassing, as well as providing warnings and citations to the 
trespassers for violating rail-related trespass laws.
    The hourly rate for law enforcement officers performing Enforcement 
Activities should be limited to the officer's regular and overtime wage 
rate (e.g., 1.5 times the base rate). Administrative costs are capped 
at 1% of the total grant award. Projects must be completed within the 
six-month period of performance under the grant.
    Court costs and equipment are not eligible under this grant. 
Further, funding under this NOFO may not be used for costs that are 
included in, or used to meet cost sharing or matching requirements of, 
any other Federally-financed award or program. If the applicant is 
seeking additional funding for a project that has already received 
Federal financial assistance such as the Pilot Program, costs 
associated with the scope of work for the existing Federal award are 
not eligible for funding under this NOFO. Only new scope (e.g., hourly 
wages incurred during the project performance period for a grant 
awarded under this NOFO) is eligible for funding under this NOFO.

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 letters of support from partnering 
organizations that will not count against the Project Narrative 25-page 
limit.

1. Address To Request Application Package

    Applicants must submit all application materials through http://www.Grants.gov no later than 5:00 p.m. ET, on December 23, 2019. 
Applicants are strongly encouraged to apply early to ensure that all 
materials are received before the application deadline. General 
information for submitting applications through Grants.gov can be found 
at: https://www.fra.dot.gov/Page/P0270.
    For any supporting application materials that an applicant cannot 
submit via Grants.gov, an applicant may submit an original and two (2) 
copies to Ms. Amy Houser, Office of Program Delivery, Federal Railroad 
Administration, 1200 New Jersey Avenue SE, Room W36-412, Washington, DC 
20590. However, due to delays caused by enhanced screening of mail 
delivered via the U.S. Postal Service, FRA advises applicants to use 
other means of conveyance (such as courier service) to assure timely 
receipt of materials before the application deadline. Additionally, if 
documents can be obtained online, providing instructions to FRA on how 
to access files on a referenced website may also be sufficient.

2. Content and Form of Application Submission

    FRA strongly advises applicants to read this section carefully. 
Applicants must submit all required information and components of the 
application package to be considered for funding. Required documents 
for an application package are outlined in the checklist below.

 Project Narrative (see D.2.a)
 SF424--Application for Federal Assistance
 424A--Budget Information for Non-Construction projects
 SF 424B--Assurances for Non-Construction projects
 FRA's Additional Assurances and Certifications
 SF LLL--Disclosure of Lobbying Activities
a. Project Narrative
    This section describes the minimum content required in the Project 
Narrative of the grant application. The Project Narrative must follow 
the basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

 
 
 
I. Cover Page...........................  See D.2.a.i
II. Project Summary.....................  See D.2.a.ii
III. Applicant Eligibility Criteria.....  See D.2.a.iii
IV. Project Eligibility Criteria........  See D.2.a.iv
V. Detailed Project Description.........  See D.2.a.v
VI. Evaluation and Selection Criteria...  See D.2.a.vi
 

    The above content must be provided in a narrative statement 
submitted by the applicant. The Project Narrative may not exceed 25 
pages in length (excluding cover pages, table of contents, and 
supporting documentation). FRA will not review or consider Project 
Narratives beyond the 25-page limitation. If possible, applicants 
should submit supporting documents via website links rather than hard 
copies. If supporting documents are submitted, applicants must clearly 
identify the page number of the relevant portion of the supporting 
documentation 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
Amount of Federal funding requested
City(ies), State(s) where the project is located
Congressional district(s) where the project is located

    ii. Project Summary: Provide a 4-6 sentence summary of the proposed 
project. Include challenges the proposed

[[Page 56529]]

project aims to address, and summarize the intended outcomes and 
anticipated benefits that will result from the proposed project.
    iii. Applicant Eligibility Criteria: Explain how the applicant 
meets the applicant eligibility criteria outlined in Section C(1) of 
this notice;
    iv. Project Eligibility Criteria: Explain how the project meets the 
project eligibility criteria in Section C(3) of this notice.
    v. Detailed Project Description: Provide a detailed project 
description. This detailed description should provide, at a minimum, 
additional background on the challenges the project aims to address, 
the expected beneficiaries of the project, the specific components and 
elements of the project, and any other information the applicant deems 
necessary to justify the proposed project. This information could 
include counts of trespass incidents and casualties, close calls and 
media coverage of high-visibility encounters. Include geospatial data 
for the project showing trespass Hot Spots. If applicable, the project 
description must also cite specific DOT National Highway-Rail Crossing 
Inventory information for trespass Hot Spots at grade crossings, 
including the name of the railroad that owns the infrastructure (or the 
crossing owner, if different from the railroad), the name of the 
primary operating railroad, the DOT National Highway-Rail Crossing 
Inventory Number, and the name of the roadway at the crossing. 
Applicants can search for data to meet this requirement at the 
following link: http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx. Be specific regarding the relevance or relationship of 
the proposed project to other investments, as well as the changes that 
are anticipated to result from the project. Provide a detailed summary 
of all work completed to date, including the project's previous 
accomplishments and funding history including Federal financial 
assistance, and a chronology of funding events (e.g., grants and 
financing) and key documents produced. An applicant should explain how 
the proposed scope of work relates to work previously receiving Federal 
financial assistance. Finally, the applicant must identify the metrics 
that will be used to measure the success of the project.
    vi. Evaluation and Selection Criteria: Include a thorough 
discussion of how the proposed project meets all the evaluation 
criteria, as outlined in Section E of this notice. If an application 
does not sufficiently address the evaluation criteria and the selection 
criteria, it is unlikely to be a competitive application.
b. Additional Application Elements
    Applicants must include the following documents in the application 
package:
    i. SF 424--Application for Federal Assistance;
    ii. SF 424A--Budget Information for Non-Construction;
    iii. SF 424B--Assurances for Non-Construction;
    iv. FRA's Additional Assurances and Certifications; and
    v. SF LLL--Disclosure of Lobbying Activities.

Forms needed for the electronic application process are at 
www.grants.gov.
c. Post-Selection Requirements
    See Section F(2) for post-selection requirements.

3. Unique Entity Identifier, System for Award Management (SAM), and 
Submission Instructions

    To apply for funding through Grants.gov, applicants must be 
properly registered in SAM before submitting an application, provide a 
valid unique entity identifier in its application, and continue to 
maintain an active SAM registration all as described in detail below. 
Complete instructions on how to register and submit an application can 
be found at www.Grants.gov. Registering with Grants.gov is a one-time 
process; however, it can take up to several weeks for first-time 
registrants to receive confirmation and a user password. FRA recommends 
that applicants start the registration process as early as possible to 
prevent delays that may preclude submitting an application package by 
the application deadline. Applications will not be accepted after the 
due date. Delayed registration is not an acceptable justification for 
an application extension.
    FRA may not make a grant award to an applicant until the applicant 
has complied with all applicable Data Universal Numbering System (DUNS) 
and SAM requirements and if an applicant has not fully complied with 
the requirements by the time the Federal awarding agency is ready to 
make a Federal award, the Federal awarding agency may determine that 
the applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant. (Please note that if a Dun & Bradstreet DUNS number must be 
obtained or renewed, this may take a significant amount of time to 
complete.) Late applications that are the result of failure to register 
or comply with Grants.gov applicant requirements in a timely manner 
will not be considered. If an applicant has not fully complied with the 
requirements by the submission deadline, the application will not be 
considered. To submit an application through Grants.gov, applicants 
must:
    a. Obtain a DUNS number. A DUNS number is required for Grants.gov 
registration. The Office of Management and Budget requires that all 
businesses and nonprofit applicants for Federal funds include a DUNS 
number in their applications for a new award or renewal of an existing 
award. A DUNS number is a unique nine-digit sequence recognized as the 
universal standard for identifying and keeping track of entities 
receiving Federal funds. The identifier is used for tracking purposes 
and to validate address and point of contact information for Federal 
assistance applicants, recipients, and sub-recipients. The DUNS number 
will be used throughout the grant life cycle. Obtaining a DUNS number 
is a free, one-time activity. Applicants may obtain a DUNS number by 
calling 1-866-705-5711 or by applying online at http://www.dnb.com/us.
    b. Register with the SAM at www.SAM.gov. All applicants for Federal 
financial assistance must maintain current registrations in the SAM 
database. An applicant must be registered in SAM to successfully 
register in Grants.gov. The SAM database is the repository for standard 
information about Federal financial assistance applicants, recipients, 
and sub-recipients. Organizations that have previously submitted 
applications via Grants.gov are already registered with SAM, as it is a 
requirement for Grants.gov registration. Please note, however, that 
applicants must update or renew their SAM registration at least once 
per year to maintain an active status. Therefore, it is critical to 
check registration status well in advance of the application deadline. 
If an applicant is selected for an award, the applicant must maintain 
an active SAM registration with current information throughout the 
period of the award. Information about SAM registration procedures is 
at www.sam.gov.
    c. Create a Grants.gov username and password. Applicants must 
complete an Authorized Organization Representative (AOR) profile on 
www.Grants.gov and create a username and password. Applicants must use 
the organization's DUNS number to complete this step. Additional 
information about the registration process is at: http://

[[Page 56530]]

www.grants.gov/web/grants/applicants/individual-registration.html.
    d. Acquire Authorization for your AOR from the E-Business Point of 
Contact (E-Biz POC). The E-Biz POC at the applicant's organization must 
respond to the registration email from Grants.gov and login at 
www.Grants.gov to authorize the applicant as the AOR. Please note there 
can be more than one AOR for an organization.
    e. Submit an Application Addressing All the Requirements Outlined 
in this NOFO. If an applicant experiences difficulties at any point 
during this process, please call the Grants.gov Customer Center Hotline 
at 1-800-518-4726, 24 hours a day, 7 days a week (closed on Federal 
holidays). For information and instructions on each of these processes, 
please see instructions at: http://www.grants.gov/web/grants/applicants/apply-for-grants.html
    Note: Please use generally accepted formats such as .pdf, .doc, 
.docx, .xls, .xlsx and .ppt, when uploading attachments. While 
applicants may imbed picture files, such as .jpg, .gif, and .bmp, in 
document files, applicants should not submit attachments in these 
formats. Additionally, the following formats will not be accepted: 
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, 
.sys, and .zip.

4. Submission Dates and Times

    Applicants must submit complete applications in their entirety to 
www.Grants.gov no later than 5:00 p.m. ET, on December 23, 2019. 
Applicants will receive a system-generated acknowledgement of receipt. 
FRA reviews www.Grants.gov information on dates/times of applications 
submitted to determine timeliness of submissions. Late applications 
will be neither reviewed nor considered. Delayed registration is not an 
acceptable reason for late submission. Applicants are strongly 
encouraged to apply early to ensure that all materials are received 
before this deadline.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; or (4) technical issues experienced with 
the applicant's computer or information technology environment.

5. Intergovernmental Review

    Executive Order 12372 requires applicants from state and local 
units of government or other organizations providing services within a 
State to submit a copy of the application to the State Single Point of 
Contact (SPOC), if one exists, and if this program has been selected 
for review by the State. Applicants must contact their State SPOC to 
determine if the program has been selected for State review.

6. Funding Restrictions

    Consistent with 2 CFR 200.458, FRA will only approve pre-award 
costs if such costs are incurred pursuant to the negotiation and in 
anticipation of the grant agreement and if such costs are necessary for 
efficient and timely performance of the scope of work. Under 2 CFR 
200.458, grant recipients must seek written approval from the FRA for 
pre-award activities to be eligible for reimbursement under the grant. 
Enforcement Activities initiated prior to the execution of a grant or 
without written approval may not be eligible for reimbursement or 
included as a grantee's matching contribution, if applicable. 
Additionally, funding will not be provided for equipment, 
administrative, or court costs. Further, funding under this NOFO may 
not be used for costs that are included as a cost or used to meet cost 
sharing or matching requirements of any other Federally-financed 
project or program.

7. Other Submission Requirements

    If an applicant experiences difficulties at any point during this 
process, please call the Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays). 
For information and instructions on each of these processes, please see 
instructions at: http://www.grants.gov/web/grants/applicants/apply-for-grants.html. See section D.1 of this NOFO for information on where 
applications must be submitted.

E. Application Review Information

1. Criteria

a. Eligibility and Completeness Review
    FRA will first screen each application for 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).
b. Evaluation Criteria
    FRA subject-matter experts will evaluate all eligible and complete 
applications using the evaluation criteria outlined in this section. 
FRA will analyze each application against the following evaluation 
criteria:
    i. Technical Merit. FRA will evaluate application information for 
the degree to which:
    (A) The application is thorough and responsive to all the 
requirements outlined in this notice.
    (B) The tasks outlined in the project narrative are appropriate to 
achieve the expected safety benefits of the proposed project.
    (C) The proposed costs or level of effort are realistic and 
sufficient to accomplish the tasks.
    ii. Project Benefits. FRA intends to award funds to projects that 
achieve the maximum benefits possible. FRA will evaluate the extent to 
which:
    (A) The application contains data and/or supporting information to 
describe the safety risk posed by rail trespassing in the applicant's 
jurisdiction.
    (B) The applicant describes reasonably expected safety benefits of 
the project, namely how initiatives funded by this program will reduce 
trespassing on the rail ROW.
    (C) The applicant demonstrates a cooperative relationship with 
stakeholders (e.g., railroad owners and operators, adjacent property 
owners, municipal governments).
c. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined in this section, the FRA Administrator (or 
his designee) will determine the final selection of projects for 
program funding.
    i. FRA will give preference to eligible projects located in one of 
the 10 states listed in Section C(1).
    ii. After applying the above preference, FRA will take into account 
the following key Departmental objectives:
    (A) Using innovative approaches to improve safety and expedite 
project delivery; and,
    (B) Holding grant recipients accountable for their performance and 
achieving specific, measurable outcomes identified by grant applicants.
    iii. In determining the allocation of program funds, FRA will also 
consider geographic diversity, diversity in the size of the systems 
receiving funding, the applicant's receipt of other competitive awards, 
projects located in or that support transportation service in a 
qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z-1.

2. Review and Selection Process

    FRA will review the applications as follows:

[[Page 56531]]

    a. Screen applications for completeness and eligibility;
    b. Evaluate eligible applications (completed by technical panels 
applying the evaluation criteria); and
    c. Select projects for funding (completed by the FRA Administrator 
or his designee applying additional selection criteria).

3. Reporting Matters Related to Integrity and Performance

    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold (see 2 CFR 200.88 
Simplified Acquisition Threshold), FRA will review and consider any 
information about the applicant that is in the designated integrity and 
performance system accessible through SAM (currently the Federal 
Awardee Performance and Integrity Information System (FAPIIS)). See 41 
U.S.C. 2313.
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a Federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information in the designated integrity and performance system, 
in making a judgment about the applicant's integrity, business ethics, 
and record of performance under Federal awards when completing the 
review of risk posed by applicants as described in 2 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notices

    FRA will announce applications selected for funding in a press 
release and on the FRA website after the application review period. FRA 
will contact applicants with successful applications after announcement 
with information and instructions about the award process. This 
notification is not an authorization to begin proposed project 
activities. FRA requires satisfaction of applicable requirements by the 
applicant and a formal agreement signed by both the grantee and the 
FRA, including an approved scope, schedule, and budget, to obligate the 
grant.
    The period of performance for grants awarded under this notice will 
be six months. FRA will only consider written requests to extend the 
period of performance with specific and compelling justifications for 
why an extension is required. Any obligated funding not spent by the 
grantee and reimbursed by the FRA upon completion of the grant work 
will be de-obligated.

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, in 
particular, must ensure that no concession agreements are denied or 
other contracting decisions made on the basis of speech or other 
activities protected by the First Amendment. If DOT determines that a 
recipient has failed to comply with applicable Federal requirements, 
DOT may terminate the award of funds and disallow previously incurred 
costs, requiring the recipient to reimburse any expended award funds.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards; compliance with Federal 
civil rights laws and regulations; disadvantaged business enterprises; 
debarment and suspension; drug-free workplace; FRA's and OMB's 
Assurances and Certifications; Americans with Disabilities Act; safety 
requirements; the National Environmental Policy Act; environmental 
justice and the Buy American Act, 41 U.S.C. 8301-8305.
    See an example of standard terms and conditions for FRA grant 
awards at https://www.fra.dot.gov/eLib/details/L05285.

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports may be submitted electronically.
b. Additional Reporting
    Applicants selected for funding are required to comply with all 
reporting requirements in the standard terms and conditions for FRA 
grant awards including 2 CFR 180.335 and 2 CFR 180.350. See an example 
of standard terms and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/details/L05285.
c. Performance Reporting
    Each applicant selected for funding must collect information and 
report on the project's performance using measures mutually agreed upon 
by FRA and the grantee to assess progress in achieving strategic goals 
and objectives. Performance reporting must include the following 
information for Enforcement Activities performed using the grant 
funding:
     Date, time, number of officers, location and description 
of Enforcement Activity;
     Justification or reason for selected Enforcement Activity;
     Number of contacts (encounters with trespassers);
     Number of warnings and/or citations issued; and
     The deterrence effect of such activities and method for 
measuring such deterrence. The grantee must explain how they determine 
deterrence effect.

G. Federal Awarding Agency Contacts

    For further information regarding this notice and the Grant 
Program, please contact Michail Grizkewitsch, Office of Railroad 
Safety, Federal Railroad Administration, 1200 New Jersey Avenue SE, 
Room W33-446, Washington, DC 20590; email: 
[email protected]; phone: (202) 493-1370. Grant application 
submission and processing questions should be addressed to Ms. Amy 
Houser, Office of Program Delivery, Federal Railroad Administration, 
1200 New Jersey Avenue SE, Room W36-412, Washington, DC 20590; email: 
[email protected]; phone: (202) 493-0303.

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

[[Page 56532]]

Confidential Business Information (CBI)''; (2) mark each affected page 
``CBI''; and (3) highlight or otherwise denote the CBI portions.
    FRA protects such information from disclosure consistent with 
applicable law. In the event FRA receives a Freedom of Information Act 
(FOIA) request for the information, FRA will follow the procedures 
described in its FOIA regulations at 49 CFR 7.17. Only information that 
is ultimately determined to be confidential under that procedure will 
be exempt from disclosure under FOIA.

    Issued in Washington, DC.
Ronald L. Batory,
Administrator, Federal Railroad Administration.
[FR Doc. 2019-22925 Filed 10-21-19; 8:45 am]
 BILLING CODE 4910-06-P