[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56688-56698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17834]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for Special Transportation 
Circumstances Projects

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

ACTION: Notice of funding opportunity (NOFO or notice).

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SUMMARY: This notice details the application requirements and 
procedures for the states of Alaska, South Dakota, and Wyoming to 
obtain Special Transportation Circumstances (STC) directed grant 
funding for eligible rail Capital Projects. The funding has been made 
available for the program by the Consolidated Appropriations Act, 2017; 
Consolidated Appropriations Act, 2019; Further Consolidated 
Appropriations Act, 2020; Consolidated Appropriations Act, 2021; 
Consolidated Appropriations Act, 2022; Consolidated Appropriations Act, 
2023; and the Infrastructure Investment and Jobs Act (2022 and 2023 
supplemental Appropriations) (together, the Appropriations Acts). The 
opportunities described in this notice are available under Assistance 
Listing number 20.325, ``Consolidated Rail Infrastructure and Safety 
Improvements.'' Alaska, South Dakota, and Wyoming must each submit 
applications for projects meeting the requirements of this notice to 
receive directed funding. Should FRA identify additional available 
funding after the release of this NOFO, FRA may elect to award such 
additional funding to a project submitted for funding under this NOFO, 
as permitted by law.

DATES: Applications for funding under this solicitation are due no 
later than 5:00 p.m. ET, on Friday, September 29, 2023. Applications 
for funding, or supplemental material in support of applications, 
received after that date, will not be considered for funding. 
Incomplete applications for funding will not be considered for funding. 
See Section D of this notice for additional information on the 
application process.

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

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this Notice, please contact the FRA NOFO Support program staff via 
email at [email protected] or Ryan Arbuckle at 202-617-0212.

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

Table of Contents

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

A. Program Description

1. Purpose

    The purpose of this notice is to solicit applications from the 
states of Alaska, Wyoming, and South Dakota for grants funded under the 
Appropriations Acts \1\

[[Page 56689]]

to assist in funding rail Capital Projects under the STC program 
authorized in 49 U.S.C. 22907(l).
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    \1\ Consolidated Appropriations Act, 2017, Public Law 115-31, 
Div. K, Tit I, (2017 Appropriation); Consolidated Appropriations 
Act, 2019, Public Law 116-6, Div. G, Tit. I (2019 Appropriation); 
Further Consolidated Appropriations Act, 2020, Public Law 116-94, 
Div. H, Tit. I (2020 Appropriation); Consolidated Appropriations 
Act, 2021, Public Law Div. 116-260, Div. L, Tit. I (2021 
Appropriation); Consolidated Appropriations Act, 2022, Public Law 
117-103 Div. L, Tit. I, (2022 regular Appropriation); Consolidated 
Appropriations Act, 2023, Public Law 117-328 Div. L, Tit. I, (2023 
regular Appropriation); and the Infrastructure Investment and Jobs 
Act, Public Law 117-58, Div. J, Tit. VIII (2022 and 2023 
supplemental Appropriations) (together, the Appropriations Acts).
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2. Key Terms

    a. ``Capital Project'' means a project for: acquiring, 
constructing, improving, or inspecting rail equipment, track and track 
structures, or a rail facility; expenses incidental to the acquisition 
or construction including pre-construction activities (such as 
designing, engineering, location surveying, mapping, acquiring rights-
of-way) and related relocation costs, environmental studies and all 
work necessary for FRA to approve the project under the National 
Environmental Policy Act (NEPA) and related environmental laws and 
regulations; highway-rail grade crossing improvements; \2\ 
communication and signalization improvements; and rehabilitating, 
remanufacturing or overhauling rail rolling stock and facilities.\3\
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    \2\ For South Dakota and Wyoming projects, this includes highway 
construction over rail facilities as an alternative to construction 
or improvement of a highway-rail grade crossing.
    \3\ For any project that includes purchasing intercity passenger 
rail equipment, applicants are encouraged to use a standardized 
approach to the procurement of passenger rail equipment, such as the 
specifications developed by the Next Generation Corridor Equipment 
Pool Committee or a similarly uniform process.
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    b. ``Intercity Rail Passenger Transportation'' means rail passenger 
transportation, except commuter rail passenger transportation. See 49 
U.S.C. 22901(3). In this notice, ``Intercity Passenger Rail Service'' 
and ``Intercity Passenger Rail Transportation'' are equivalent terms to 
``Intercity Rail Passenger Transportation.''
    c. ``Public Benefits'' is defined in 49 U.S.C. 22701(2) to mean a 
benefit accrued to the public, including Amtrak, in the form of 
enhanced mobility of people or goods, environmental protection or 
enhancement, congestion mitigation, enhanced trade and economic 
development, improved air quality or land use, more efficient energy 
use, enhanced public safety or security, and reduction of public 
expenditures due to improved transportation efficiency or 
infrastructure preservation.
    d. ``Railroad Route Miles'' mean miles of railroad operated. A mile 
of single track is counted the same as a mile of double track. Sidings, 
turnouts, yard switching mileage, and mileage not operated are 
excluded. Year-to-year changes in miles operated are due to both 
changes in track mileage and changes in the number of railroads with 
rights for the same track.
    e. ``Rural Area'' is defined in 49 U.S.C. 22907(g)(2) to mean any 
area not in an urbanized area, as defined by the Census Bureau. The 
Census Bureau defines Urbanized Area as an area with a population of 
50,000 or more people.\4\ Updated lists of UAs as defined by the Census 
Bureau are available on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
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    \4\ See 74 FR 53030, 53043 (August 24, 2011) available at 
https://www2.census.gov/geo/pdfs/reference/fedreg/fedregv76n164.pdf.
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3. Overview

    The STC authorization directs the Secretary of Transportation to 
allocate to certain states an appropriate portion of the amounts 
available to programs in Chapter 229 of Title 49 of the United States 
Code (Chapter 229) for grants. See 49 U.S.C. 22907(l). The 
Appropriations Acts provided funding under the Consolidated Rail 
Infrastructure and Safety Improvements (CRISI) program, Restoration and 
Enhancement (R&E) Grants program, Railroad Crossing Elimination (RCE) 
program, and Interstate Rail Compacts (IRC) Grant program in Chapter 
229. As such, this notice is for the appropriate portion (as is further 
discussed below) of the amounts made available for those four grant 
programs. Separate notices of funding opportunities for competitive 
grants solicit applications for the non-STC CRISI, R&E, RCE, and IRC 
Grant funds made available by the Appropriations Acts.
    STC funding is available to provide grants to either: (1) States in 
which there is no Intercity Passenger Rail service, for the purpose of 
funding freight rail Capital Projects on a state rail plan developed 
under Chapter 227 of Title 49 of the United States Code (Chapter 227) 
that provide Public Benefits; or (2) States in which the rail 
transportation system is not physically connected to rail systems in 
the continental United States or may not otherwise qualify for a grant 
under 49 U.S.C. 22907 due to the unique characteristics of the 
geography of that state or other relevant considerations,\5\ for the 
purpose of funding freight or passenger rail Capital Projects. There 
are currently four states that either do not have Intercity Passenger 
Rail service or are not physically connected to rail systems in the 
U.S.--Alaska, Hawaii, South Dakota, and Wyoming. However, as explained 
below, only three of these states (Alaska, South Dakota, and Wyoming) 
are allocated funds under 49 U.S.C. 22907(l).
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    \5\ FRA has determined that there are no states that would ``not 
otherwise qualify for a grant under this section due to the unique 
characteristics of the geography of that State or other relevant 
considerations.'' 49 U.S.C. 22907(l)(1)(B).
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    The amount of STC directed funding for the states is established by 
the definition of ``appropriate portion'' in 49 U.S.C. 22907(l)(2). 
That section defines appropriate portion to mean a share, for each 
state, not less than the share of the total Railroad Route Miles in the 
state out of the total Railroad Route Miles in the U.S., excluding from 
all totals the route miles exclusively used for tourist, scenic, and 
excursion railroad operations.
    The calculations for each state's available funding amounts follow. 
In the U.S., there are 136,776 Railroad Route Miles.\6\ Alaska has 506 
Railroad Route Miles or 0.37 percent of the nation's total, South 
Dakota has 1,822 Railroad Route Miles or 1.33 percent of the nation's 
total, Wyoming has 1,877 Railroad Route Miles or 1.37 percent of the 
nation's total, and Hawaii has zero Railroad Route Miles or zero 
percent of the nation's total.
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    \6\ Association of American Railroads: https://www.aar.org/wp-content/uploads/2021/02/AAR-State-Rankings-2019.pdf.
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    The amounts available for Alaska, South Dakota and Wyoming are as 
follows:

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                                                                       2017            2018            2019            2020            2021            2022            2023
                                                                   Appropriation   Appropriation   Appropriation   Appropriation   Appropriation   Appropriation   Appropriation       Total
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Alaska..........................................................        $111,604              $0         $14,470        $359,550              $0      $7,537,418      $7,631,524     $15,654,566
South Dakota....................................................               0               0               0               0       4,361,213      27,093,962      27,432,234      58,887,409
Wyoming.........................................................               0               0               0       3,188,056       5,126,220      27,908,818      28,257,264      64,480,358
                                                                 -------------------------------------------------------------------------------------------------------------------------------
    Total.......................................................         111,604               0          14,470       3,547,606       9,487,433      62,540,198      63,321,022     139,022,333
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[[Page 56690]]

    Projects funded through the STC will be implemented, as appropriate 
and consistent with law, in alignment with the Departmental priorities 
presented in Section E below.

B. Federal Award Information

1. Available Award Amount

    This NOFO makes available $139,022,333 in directed funding for 
eligible Capital Projects, as follows: $15,654,566 for Alaska, 
$58,887,409 for South Dakota, and $64,480,358 for Wyoming.

2. Award Size

    FRA encourages applicants to propose projects or components of 
projects that can be completed and implemented with the level of 
funding available. Projects may require more funding than is available. 
In these cases, applicants must identify and apply for specific project 
components that have operational independence and can be completed with 
the available funding. (See Section C(3)(b) for more information). The 
expected period of performance for the projects is within five years 
from the award date.

3. Award Type

    FRA may make awards for projects selected under this notice through 
grant agreements and/or cooperative agreements. Grant agreements are 
used when FRA does not expect to have substantial Federal involvement 
in carrying out the funded activity. Cooperative agreements allow for 
substantial Federal involvement in carrying out the agreed upon 
investment, including technical assistance, review of interim work 
products, and increased program oversight under 2 CFR 200.1 The term 
``grant'' is used throughout this document and is intended to reference 
funding awarded through a grant agreement, as well as funding awarded 
through a cooperative agreement. The funding provided under this NOFO 
will be made available to grantees on a reimbursable basis. Applicants 
must certify that their expenditures are allowable, allocable, 
reasonable, and necessary to the approved project before seeking 
reimbursement from FRA. Additionally, the grantee is expected to expend 
matching funds at the required percentage concurrent with Federal funds 
throughout the life of the project. See an example of standard terms 
and conditions for FRA grant awards at: https://railroads.dot.gov/elibrary/notice-grant-award-example. This template is subject to 
revision.

4. Concurrent Applications

    DOT and its FRA may be concurrently soliciting applications for 
transportation infrastructure projects for several financial assistance 
programs, applicants may submit applications requesting funding for a 
particular project to one or more of these programs. In the application 
for STC funding under this NOFO, applicants must indicate the other 
programs to which they submitted or plan to submit an application for 
funding an entire project or certain project components, as well as 
highlight new or revised information in the application responsive to 
this NOFO that differs from the application(s) submitted for other 
Federal financial assistance programs.

C. Eligibility Information

    This section of the notice explains the requirements for submitting 
an eligible grant application. Applications that do not meet the 
requirements in this section will be ineligible for funding. 
Instructions for submitting eligibility information to FRA are detailed 
in Section D of this NOFO.

1. Eligible Applicants

    The states of Alaska, South Dakota, and Wyoming are the only 
applicants allocated portions of the available funding for the directed 
grants under 49 U.S.C. 22907(l). See Section C(3)(a) for project 
eligibility. The state or state Department of Transportation in these 
states must submit applications on behalf of their states.

2. Cost Sharing or Matching

    The Federal share of total costs for an STC project(s) must not 
exceed 80 percent of the total cost of a project. The estimated total 
project costs must be based on the best available information, 
including engineering studies, studies of economic feasibility, 
environmental analyses, and information on the expected use of 
equipment and/or facilities. Additionally, in preparing estimates of 
total project costs, applicants should refer to FRA's cost estimate 
guidance, ``Capital Cost Estimating: Guidance for Project Sponsors,'' 
which is available at: https://www.fra.dot.gov/Page/P0926.
    The minimum 20 percent non-Federal share may be comprised of 
eligible public sector (i.e., state or local) or private sector 
funding. FRA will not consider any Federal financial assistance, or any 
non-Federal funds already expended (or otherwise encumbered) toward the 
matching requirement, unless compliant with 2 CFR part 200. In-kind 
contributions, including the donation of services, materials, and 
equipment, may be credited as a project cost, in a uniform manner 
consistent with 2 CFR 200.306.
    Before applying, FRA recommends that applicants carefully review 
the principles for cost sharing or matching in 2 CFR 200.306. FRA will 
approve pre-award costs consistent with 2 CFR 200.458, as applicable. 
See Section D(6). Cost sharing or matching may be used only for 
authorized Federal award purposes.

3. Other

a. Project Eligibility
    Projects eligible for funding improve the safety, efficiency, and/
or reliability of rail transportation systems. For South Dakota and 
Wyoming, the projects eligible for the directed funding under this NOFO 
must be freight rail Capital Projects in those states that are on a 
state rail plan developed under Chapter 227 that provide Public 
Benefits.
    For Alaska, a project eligible for directed funding under this NOFO 
must be a freight or passenger rail-related Capital Project in that 
state. Applicants are not limited in the number of projects for which 
they seek funding.
b. Project Component Operational Independence
    If an applicant requests funding for a project that is a component 
or set of components of a larger project, the project component(s) must 
be attainable with the award amount together with other funds as 
necessary, obtain operational independence, and must comply with all 
eligibility requirements described in Section C.
    In addition, the component(s) must be capable of independent 
analysis and decision making, as determined by FRA, under NEPA (i.e., 
have independent utility, connect logical termini, if applicable, and 
not restrict the consideration of alternatives for other reasonably 
foreseeable rail projects.).

D. Application and Submission Information

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

[[Page 56691]]

Initiative, the DOT encourages applicants to consider how the project 
will address the challenges faced by rural areas, generally.

1. Address To Request Application Package

    Applicants must submit all application materials, in their 
entirety, through www.GrantSolutions.gov no later than 5:00 p.m. ET, on 
Friday, September 29, 2023. FRA is committed to ensuring that 
information is available in appropriate alternative formats to meet the 
requirements of persons who have a disability. If you require an 
alternative version of files provided, please contact the FRA NOFO 
Support program staff via email at [email protected].
    For any supporting application materials that an applicant cannot 
submit via GrantSolutions.gov, such as oversized engineering drawings, 
an applicant may submit an original and two (2) copies to Mr. Leonardo 
Maldonado, Office of Railroad Development, Federal Railroad 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Due to 
delays caused by enhanced screening of mail delivered via the U.S. 
Postal Service, FRA advises applicants to use other means of conveyance 
(such as courier service) to assure timely receipt of materials before 
the application deadline. Additionally, if documents can be obtained 
online, providing instructions to FRA on how to access files on a 
referenced website may also be sufficient.

2. Content and Form of Application Submission

    FRA strongly advises applicants to read this section carefully. 
Applicants must submit all required information and components of the 
application package to be considered for funding. Additionally, 
applicants must comply with the requirements in 49 U.S.C. 22905 
explained in part at https://www.fra.dot.gov/page/P0185.
    Required documents for an application package are outlined in the 
checklist below.
     Project Narrative (see Section D.2.a).
     Statement of Work (see Section D.2.b.i).
     SF424--Application for Federal Assistance.
     Either: SF 424A--Budget Information for Non-Construction 
or SF 424C--Budget Information for Construction.
     Either: SF 424B--Assurances for Non-Construction or SF 
424D--Assurances for Construction.
     FRA's Additional Assurances and Certifications.
     SF LLL--Disclosure of Lobbying Activities.
    Additional details about the application content requirements are 
described in the following sections.
a. Project Narrative
    This section describes the minimum content required in the Project 
Narrative of the grant application. The Project Narrative must follow 
the basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

 
 
 
I. Cover Page..........................  See D.2.a.i.
II. Project Funding....................  See D.2.a.ii.
III. Project Eligibility...............  See D.2.a.iii.
IV. Project Description................  See D.2.a.iv.
V. Project Location....................  See D.2.a.v.
VI. Evaluation and Selection Criteria..  See D.2.a.vi.
VII. Project Implementation and          See D.2.a.vii.
 Management.
VIII. Environmental Readiness..........  See D.2.a.viii.
 

    The Project Narrative may not exceed 25 pages in length (excluding 
cover pages, table of contents, and supporting documentation). If 
possible, applicants should submit supporting documents via website 
links rather than hard copies. If supporting documents are submitted, 
applicants must clearly identify the relevant portion of the supporting 
document with the page numbers of the cited information in the Project 
Narrative. The Project Narrative must adhere to the following outline.
    i. Cover Page: Include a cover page that lists the following 
elements in either a table or formatted list:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project Title..............................
------------------------------------------------------------------------
Applicant name.............................
------------------------------------------------------------------------
Total project cost.........................
------------------------------------------------------------------------
Amount of Federal funding requested under
 this NOFO.
------------------------------------------------------------------------
Proposed non-Federal match.................
------------------------------------------------------------------------
City(ies), State(s) where the project is
 located.
------------------------------------------------------------------------
Congressional district(s) where the project
 is located.
------------------------------------------------------------------------

    ii. Project Funding: Indicate in table format the amount of Federal 
funding, the proposed non-Federal match, identifying contributions from 
the private sector if applicable, and total project cost. Describe the 
non-Federal funding arrangement, including multiple sources of non-
Federal funding if applicable. Include funding commitment letters 
outlining funding agreements as attachments or in an appendix. If all 
or a majority of a project is located in a Rural Area, identify the 
Rural Area(s) and estimated percentage of total project costs that will 
be spent in the Rural Area(s). Identify any previously incurred costs, 
as well as other sources of Federal funds committed to the project and 
any pending Federal requests. If Federal funding is proposed as match, 
demonstrate the applicant's determination of eligibility for such use 
and the legal basis for that determination. Also, note if the requested 
Federal funding under STC or other programs must be obligated or spent 
by a certain date due to dependencies or relationships with other 
Federal or non-Federal funding sources, related projects, law, or other 
factors. If applicable, provide the type and estimated value of any 
proposed contributions, and substantiate how the contributions meet the 
requirements in 2 CFR 200.306.
    Example Project Funding Table:

[[Page 56692]]



----------------------------------------------------------------------------------------------------------------
                                          Task name/project                                Percentage of total
                Task #                        component                   Cost                     cost
----------------------------------------------------------------------------------------------------------------
1....................................
----------------------------------------------------------------------------------------------------------------
2....................................
----------------------------------------------------------------------------------------------------------------
Total Project Cost
----------------------------------------------------------------------------------------------------------------
Federal Funds Received from Previous Grant
----------------------------------------------------------------------------------------------------------------
STC Federal Funding Request
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Non-Federal Funding/Match                                       Cash:
                                                                In-Kind:...............
----------------------------------------------------------------------------------------------------------------
Portion of Total Project Costs Spent in a Rural Area
----------------------------------------------------------------------------------------------------------------
Pending Federal Funding Requests
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    iii. Project Eligibility: Identify which project eligibility 
category the project is eligible under in Section C(3) of this notice, 
and explain how the project meets the project eligibility criteria.
    iv. Project Description: Include a detailed project description. 
This detailed description should provide, at a minimum, background on 
the challenges the project aims to address; the expected users and 
beneficiaries of the project, including all railroad operators; the 
specific components and elements of the project; and any other 
information the applicant deems necessary to justify the proposed 
project.
    An applicant should specify whether it is seeking funding for a 
project that has already received Federal financial assistance, and if 
applicable, explain how the new scope proposed to be funded under this 
NOFO relates to the previous scope. For all projects, applicants must 
provide information about proposed performance measures, as discussed 
in Section F(3)(c) and required in 2 CFR 200.301 and 49 U.S.C 22907(f).
    For any project that includes grade crossing components, cite 
specific National Grade Crossing Inventory information, including the 
railroad that owns the infrastructure (or the crossing owner, if 
different from the railroad), the primary railroad operator, the DOT 
crossing inventory number, and the roadway at the crossing. Applicants 
can search for data to meet this requirement at the following link: 
http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx.
    For South Dakota and Wyoming, include a description of the Public 
Benefits that will result from the proposed project and a website link 
to the state rail plan and page number where the project is discussed 
in the document. If a project is not contained in the state rail plan, 
applicants may amend the relevant state rail plan(s) to contain the 
project. Amending a state rail plan requires a letter to FRA from an 
authorized representative of the relevant state rail transportation 
authority adding the proposed project to the plan and stating that the 
letter serves as an addendum to the current plan. Such a letter should 
include the project name, a brief description, and estimated project 
cost and Federal and non-Federal share by funding source. FRA 
encourages state rail transportation authorities to make any such 
addendum letters publicly available with their state rail plans. FRA 
recommends such letters be submitted as part of an applicant's 
application. Whether submitted as part of application package or 
separately to FRA, FRA must receive the letter by the application due 
date of this notice.
    Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department encourages applicants to 
describe how activities proposed in their application would address the 
unique challenges facing rural transportation networks, regardless of 
the geographic location of those activities.
    v. Project Location: Include geospatial data for the project, as 
well as a map of the project's location. On the map, include the 
Congressional districts and Rural Area boundaries, if applicable, in 
which the project will take place.
    vi. Evaluation and Selection Criteria: Include a thorough 
discussion of how the proposed project meets all of the evaluation and 
selection criteria, as outlined in Section E of this notice.
    vii. Project Implementation and Management: Describe proposed 
project implementation and project management arrangements. Include 
descriptions of the expected arrangements for project contracting, 
contract oversight, change-order management, risk management, and 
conformance to Federal requirements for project progress reporting (see 
https://www.fra.dot.gov/Page/P0274). Describe past experience in 
managing and overseeing similar projects.
    viii. Environmental Readiness: If the NEPA process is complete, 
indicate the date of completion, and provide a website link or other 
reference to the final Categorical Exclusion, Finding of No Significant 
Impact, Record of Decision, and any other NEPA documents prepared. If 
the NEPA process has not begun or is underway but not complete, the 
application should detail the type of NEPA review contemplated, where 
the project is in the process, and indicate the anticipated date of 
completion of all milestones and of the final NEPA determination. If 
the last agency action with respect to NEPA documents occurred more 
than three years before the application date, the applicant should 
describe why the project has been delayed and include a proposed 
approach for verifying and, if necessary, updating this material in 
accordance with applicable NEPA requirements. Additional information 
regarding FRA's environmental processes and requirements are located at 
https://www.fra.dot.gov/environment.
b. Additional Application Elements
    Applicants must submit:
    i. A Statement of Work (SOW) addressing the scope, schedule, and 
budget for the proposed project. The SOW must contain sufficient detail 
so FRA and the applicant can understand the expected outcomes of the 
proposed work to be performed and can monitor progress toward 
completing project tasks and deliverables during a prospective grant's 
period of performance. Applicants must use FRA's standard SOW, 
schedule, and budget templates to be considered for an award. The 
templates are located at https://www.fra.dot.gov/Page/P0325.

[[Page 56693]]

When preparing the budget, the total cost of a project must be based on 
the best available information as indicated in cited references.
    ii. Environmental compliance documentation, as applicable, if a 
website link is not cited in the Project Narrative.
    iii. SF 424--Application for Federal Assistance.
    iv. SF 424A--Budget Information for Non-Construction or SF 424C 
Budget Information for Construction.
    v. SF 424B--Assurances for Non-Construction or SF 424D--Assurances 
for Construction.
    vi. FRA F30--Certification Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters.
    vii. FRA F 251--Applicant Financial Capability Questionnaire, 
located at https://railroads.dot.gov/elibrary/fra-f-251-applicant-financial-capability-questionnaire.
    viii. An SF LLL--Disclosure of Lobbying Activities.
    ix. A statement that the lead applicant has a system for procuring 
property and services under a Federal award under this NOFO that 
supports the provisions in 2 CFR 200 subpart D-Procurement Standards at 
2 CFR 200.317-326 and 2 CFR 1201.317.
    Forms needed for the electronic application process are at 
www.GrantSolutions.gov.
c. Post-Selection Requirements
    See Section F(2) of this notice for post-selection requirements.

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

    To apply for funding through GrantSolutions.gov, applicants must be 
properly registered in SAM before submitting an application, provide a 
valid unique entity identifier in its application, and continue to 
maintain an active SAM registration, all as described in detail below. 
If you are a first-time user of GrantSolutions, a user account will be 
created and emailed to you at the time of the posting of your 
announcement. You will be able to log in using this account and submit 
your completed application.
    If you are an existing grantee, please log in to GrantSolutions 
using your existing user account. If you do not remember your account 
information or have not been assigned a grantee account, please contact 
the GrantSolutions Help Desk at 1-800-618-0223 or by email at 
[email protected] to obtain your username and password.
    FRA may not make a grant award to an applicant until the applicant 
has complied with all applicable Unique Entity Identifier (UEI) and SAM 
requirements. If an applicant has not fully complied with the 
requirements by the time the FRA makes a grant award, FRA may determine 
that the applicant is not qualified to receive a Federal award and use 
that determination as a basis for making a Federal award to another 
applicant. (Please note that if a UEI number must be obtained or 
renewed, this may take a significant amount of time to complete.)
    To submit applications through GrantSolutions, applicants must:
    a. Register with the SAM at www.SAM.gov.
    All applicants for Federal financial assistance must maintain 
current registrations in the SAM database. An applicant must be 
registered in SAM to successfully register in GrantSolutions. The SAM 
database is the repository for standard information about Federal 
financial assistance applicants, recipients, and sub-recipients. 
Organizations that have previously submitted applications via 
GrantSolutions are already registered with SAM, as it is a requirement 
for GrantSolutions registration. Please note, however, that applicants 
must update or renew their SAM registration at least once per year to 
maintain an active status. Delayed registration is not an acceptable 
reason for late submission. Therefore, it is critical to check 
registration status well in advance of the application deadline. If an 
applicant is selected for an award, the applicant must maintain an 
active SAM registration with current information throughout the period 
of the award. Information about SAM registration procedures is 
available at www.sam.gov.
    b. Obtain a Unique Entity Identifier.
    On April 4, 2022, the federal government discontinued using DUNS 
numbers.
    The DUNS Number was replaced by a new, non-proprietary identifier 
that is provided by the System for Award Management (SAM.gov). This new 
identifier is called the UEI, or the Entity ID. To find or request a 
Unique Entity Identifier, please visit www.sam.gov.
    c. Search for the Funding Opportunities on www.GrantSolutions.gov.
    The Assistance Listing number for this opportunity is 20.325, 
``Consolidated Rail Infrastructure and Safety Improvements.'' 
Applicants must submit their application package under this funding 
opportunity announcement.
    d. Submit an Application Addressing All Requirements Outlined in 
this NOFO.
    After applying through GrantSolutions, a confirmation screen will 
appear on the applicant's computer screen. This screen will confirm 
that the applicant has applied and provide an application number.
    If an applicant experiences difficulties at any point during this 
process, please call the GrantSolutions Help Desk at 1.866.577.0771 or 
202.401.5282, Monday-Friday from 9:00 a.m. to 6:00 p.m., ET.
    Note: Please use generally accepted formats such as .pdf, .doc, 
.docx, .xls, .xlsx and .ppt, when uploading attachments. While 
applicants may embed picture files, such as .jpg, .gif, and .bmp, in 
document files, applicants should not submit attachments in these 
formats. Additionally, the following formats will not be accepted: 
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, 
.sys, and .zip.

4. Submission Dates and Times

    Applicants must submit complete applications to 
www.GrantSolutions.gov no later than 5:00 p.m. ET, on Friday, September 
29, 2023. FRA reviews www.GrantSolutions.gov information on dates/times 
of applications submitted to determine timeliness of submissions. Late 
applications will be neither reviewed nor considered.
    The following conditions are not valid reasons to permit late 
submissions: (1) failure to complete the GrantSolutions registration 
process before the deadline; (2) failure to follow GrantSolutions 
instructions on how to register and apply as posted on its website; (3) 
failure to follow all the instructions in this NOFO; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment.

5. Intergovernmental Review

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

6. Funding Restrictions

    FRA is prohibited in 49 U.S.C. 22905(f) from providing STC grants 
for

[[Page 56694]]

Commuter Rail Passenger Transportation (as defined in 49 U.S.C 
24102(3)).\7\ FRA's interpretation of this restriction is informed by 
the language in 49 U.S.C. 22907. FRA's primary intent in funding 
passenger rail projects will be to make reasonable investments in 
intercity passenger rail transportation. Such projects may be located 
on shared corridors where Commuter Rail Passenger Transportation also 
benefits from the project.
---------------------------------------------------------------------------

    \7\ Under 49 U.S.C. 22907(i) and (k), STC grants are subject to 
certain of the requirements in chapter 229 including 49 U.S.C. 
22905.
---------------------------------------------------------------------------

    Consistent with 2 CFR 200.458 as applicable, FRA will only approve 
pre-award costs if such costs are incurred pursuant to the negotiation 
and in anticipation of the grant agreement and if such costs are 
necessary for efficient and timely performance of the scope of work. 
Under 2 CFR 200.458, grantees must seek written approval from FRA for 
pre-award activities to be eligible for reimbursement under the grant. 
Activities initiated prior to the execution of a grant or without FRA's 
written approval may not be eligible for reimbursement or included as a 
grantee's matching contribution. Cost sharing or matching may be used 
only for authorized Federal award purposes.

7. Other Submission Requirements

    If an applicant experiences difficulty at any point during this 
process, please call the GrantSolutions Help Desk at 1.866.577.0771 or 
202.401.5282, Monday-Friday from 9:00 a.m. to 6:00 p.m., ET. For 
information and instructions on each of these processes, FRA will email 
GrantSolutions Funding Opportunity Instructions to each applicant when 
the notice is announced. See section D.1 for where supporting 
application materials must be submitted if sent by postal mail, 
electronic means or hand delivery.

E. Application Review Information

1. Criteria

a. Eligibility, Completeness and Applicant Risk Review
    FRA will first screen applications for eligibility (eligibility 
requirements are outlined in Section C of this notice), completeness 
(application documentation and submission requirements are outlined in 
Section D of this notice), applicant risk and the matching requirement 
for a 20 percent minimum match.
b. Evaluation Criteria
    FRA subject-matter experts will evaluate all eligible and complete 
applications using the evaluation criteria outlined in this section to 
determine technical merit and project benefits.
    i. The application is thorough and responsive to all requirements 
outlined in this notice.
    ii. The proposed schedule and tasks are appropriate to achieve the 
expected outcomes and anticipated benefits of the proposed project.
    iii. The proposed costs, budget, and level of effort are realistic 
and sufficient to accomplish the tasks documented in the SOW.
c. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined in this subsection, the FRA will 
prioritize projects that use data-driven and evidence-based methods to 
apply the following DOT Strategic Goals:
    i. Safety. The Department is committed to advancing safe, efficient 
transportation, including in the STC Program. FRA will assess the 
project's ability to foster a safe transportation system for the 
movement of goods and people, consistent with the Department's 
strategic goal to reduce transportation-related fatalities and serious 
injuries across the transportation system. Such considerations will 
include, but are not limited to, the extent to which the project 
improves safety at highway-rail grade crossings, reduces incidences of 
rail-related trespassing, upgrades infrastructure to achieve a higher 
level of safety, and uses an appropriately trained workforce.
    ii. Climate and Sustainability. FRA seeks to fund projects under 
the STC Program that reduce greenhouse gas emissions in the 
transportation sector, incorporate evidence-based climate resilience 
measures and features, reduce the lifecycle greenhouse gas emissions 
from the project materials, and avoid adverse environmental impacts to 
air or water quality, wetlands, and endangered species, and address the 
disproportionate negative environmental impacts of transportation on 
disadvantaged communities, consistent with Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).\8\
---------------------------------------------------------------------------

    \8\ See U.S. Department of Transportation Strategic Framework FY 
2022-2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework
---------------------------------------------------------------------------

    iii. Equity. FRA seeks to award projects under the STC Program that 
will create proportional impacts to all populations in a project area, 
remove transportation related disparities to all populations in a 
project area, and increase equitable access to project benefits, 
consistent with Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government (86 
FR 7009). FRA will assess the project's ability to address equity and 
barriers to opportunity, to the extent possible within the program and 
consistent with law. Such considerations will include, but are not 
limited to, the applicant's plan for using small businesses to complete 
its project, the extent to which the project improves or expands 
transportation options, the extent to which the project improve or 
expands access to jobs and services and mitigates the safety risks and 
detrimental quality of life effects that rail lines can have on 
communities. This will also include community engagement efforts 
already taken or planned, the extent to which engagement efforts are 
designed to reach impacted communities, whether engagement is 
accessible for persons with disabilities or limited English proficient 
persons within the impacted communities, and how community feedback is 
taken into account in decision-making.
    iv. Economic Strength and Global Competitiveness. FRA intends to 
use the STC program to support the creation of good-paying jobs with 
the free and fair choice to join a union and the incorporation of 
strong labor standards and training and placement programs, especially 
registered apprenticeships, in project planning stages, consistent with 
Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829), 
and Executive Order 14052, Implementation of the Infrastructure 
Investment and Jobs Act (86 FR 64335). Such considerations will 
include, but are not limited to, the extent to which the project 
results in high-quality job creation by supporting good-paying jobs 
with a free and fair choice to join a union, and in on-going operations 
and maintenance, and incorporates strong labor standards, such as 
through the use of project labor agreements or union neutrality 
agreements; includes comprehensive planning and policies to promote 
hiring of underrepresented populations including local and economic 
hiring preferences and investments in high-quality workforce 
development programs with supportive services, including labor-
management programs, to help train, place, and retain people in good-
paying jobs or registered apprenticeship, and invests in vital 
infrastructure assets. FRA also intends to use the STC program to

[[Page 56695]]

support wealth creation, consistent with the Department's Equity Action 
Plan through the inclusion of Local inclusive economic development and 
entrepreneurship such as the utilization of Disadvantaged Business 
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) 
firms.
    v. Transformation. FRA will assess the project's ability to expand 
and improve the nation's rail network, which needs to balance new 
infrastructure for increased capacity with proper maintenance of aging 
assets. Such considerations will include, but are not limited to, the 
extent to which the project adds capacity to congested corridors, 
builds new connections or attracts new users to passenger rail, and 
ensures assets will be improved to a state of good repair.
    Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural 
transportation networks face unique challenges. To the extent that 
those challenges are reflected in the merit criteria listed in this 
section, the Department will consider how the activities proposed in 
the application will address those challenges, regardless of the 
geographic location of those activities.

2. Review and Selection Process

    FRA will conduct a three-part application review process, as 
follows:
    a. Screen applications for completeness, eligibility, and applicant 
risk;
    b. Evaluate eligible applications (completed by subject matter 
experts applying the evaluation criteria); and
    c. Select projects for funding (completed by the FRA 
Administrator).

3. Reporting Matters Related to Integrity and Performance

    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold (see 2 CFR 200.1 
Simplified Acquisition Threshold), FRA will review and consider any 
information about the applicant that is in the designated integrity and 
performance system accessible through SAM (currently the Federal 
Awardee Performance and Integrity Information System (FAPIIS)). See 41 
U.S.C. 2313.
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a Federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information in the designated integrity and performance system, 
in making a judgment about the applicant's integrity, business ethics, 
and record of performance under Federal awards when completing the 
review of risk posed by applicants as described in 2 CFR 200.206

F. Federal Award Administration Information

1. Federal Award Notice

    Applications selected for funding will be announced after the 
application review period. FRA will contact applicants with successful 
applications after announcement with information and instructions about 
the award process. This notification is not an authorization to begin 
proposed project activities. FRA requires satisfaction of applicable 
requirements by the applicant and a formal grant agreement signed by 
both the grantee and the FRA, including an approved scope, schedule, 
and budget, before obligating the grant.

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, grantees must comply 
with all applicable requirements of Federal law, including, without 
limitation, the Constitution of the United States; the conditions of 
performance, nondiscrimination requirements, and other assurances made 
applicable to the award of funds in accordance with regulations of the 
Department of Transportation; and applicable Federal financial 
assistance and contracting principles promulgated by the Office of 
Management and Budget. In complying with these requirements, grantees, 
in particular, must ensure that no concession agreements are denied, or 
other contracting decisions made on the basis of speech or other 
activities protected by the First Amendment. If the Department 
determines that a grantee has failed to comply with applicable Federal 
requirements, the Department may terminate the award of funds and 
disallow previously incurred costs, requiring the grantee to reimburse 
any expended award funds.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards at 2 CFR part 200 
subpart D--Procurement Standards, 2 CFR 1207.317 and 2 CFR 200.401; 
compliance with Federal civil rights laws and regulations; requirements 
for disadvantaged business enterprises, debarment and suspension 
requirements, and drug-free workplace requirements; FRA's and OMB's 
Assurances and Certifications; Americans with Disabilities Act; safety 
requirements; NEPA; environmental justice requirements; performance 
measures under 49 U.S.C. 22907(f); grant conditions under 49 U.S.C. 
22905, and the provision deeming operators rail carriers for certain 
purposes and grantee agreements with railroad right-of-way owners for 
projects using railroad right-of way. Unless otherwise stated in 
statutory or legislative authority, or appropriations language, all 
financial assistance awards follow the Uniform Administrative 
Requirements, Cost Principles and Audit Requirements for Federal Awards 
at 2 CFR part 200 and 2 CFR part 1201.
    Assistance under this NOFO is subject to the grant conditions in 49 
U.S.C. 22905, including protective arrangements that are equivalent to 
the protective arrangements established under section 504 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
836) with respect to employees affected by actions taken in connection 
with the project to be financed in whole or in part by grants subject 
to 49 U.S.C. 22905, the provision deeming operators rail carriers and 
employers for certain purposes, and grantee agreements with railroad 
right-of-way owners for projects using railroad rights-of-way.\9\
---------------------------------------------------------------------------

    \9\ FRA has posted Final guidance to grantees on implementing 
protective arrangements at https://railroads.dot.gov/elibrary/equivalent-labor-protections to assist grantees implementing the 
protective arrangements; and answers to frequently asked questions 
intended to assist grantees subject to the requirements of 49 U.S.C. 
22905(c)(1) at https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
---------------------------------------------------------------------------

    Assistance under this NOFO is subject to the Buy America 
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America 
Act, Public Law 117-58, sections 70901-52.
    In addition, as expressed in Executive Order 14005, Ensuring the 
Future Is Made in All of America by All of America's Workers (86 FR 
7475), it is the policy of the executive branch to maximize, consistent 
with law, the use of goods, products, and materials produced in, and 
services offered in, the United States. FRA expects all applicants to 
comply with that requirement without needing a waiver. However, to 
obtain a waiver, a recipient must be prepared to demonstrate how they 
will maximize the use of domestic

[[Page 56696]]

goods, products, and materials in constructing their project.
    Grantees must comply with applicable appropriations act 
requirements and all relevant requirements of 2 CFR part 200. Rights to 
intangible property under grants awarded under this NOFO are governed 
in accordance with 2 CFR 200.315.
    See an example of standard terms and conditions for FRA grant 
awards at https://www.fra.dot.gov/eLib/Details/L19057. This template is 
subject to revision.
    The STC NOFO will be implemented, as appropriate and consistent 
with law, in alignment with the priorities in Executive Order 14052, 
Implementation of the Infrastructure Investment and Jobs Act (86 FR 
64355), which are to invest efficiently and equitably, promote the 
competitiveness of the U.S. economy, improve job opportunities by 
focusing on high labor standards, strengthen infrastructure resilience 
to all hazards including climate change, and to effectively coordinate 
with State, local, Tribal, and territorial government partners.
    a. Climate Change, Sustainability, and Environmental Justice (EJ). 
Projects that have not sufficiently considered climate change and 
sustainability in their planning, as determined by FRA, will be 
required to do so before receiving funds for construction, consistent 
with Executive Order 14008, Tackling the Climate Crisis at Home and 
Abroad (86 FR 7619). In the grant agreement, recipients will be 
expected to describe activities they have taken, or will take, prior to 
obligation of construction funds that addresses climate change and EJ. 
Activities that address climate change include, but are not limited to, 
demonstrating: the project will result in significant greenhouse gas 
emissions reductions; the project supports emissions reductions goals 
in a Local/Regional/State plan; and the project primarily focuses on 
funding for state of good repair and clean transportation options, 
including public transportation, walking, biking, and micro-mobility. 
Activities that address EJ include but are not limited to: basing 
project design on the results of a proven EJ screening tool (developed 
by another Federal agency such as the EPA, a State agency, etc.); 
conducting enhanced, targeted outreach to EJ communities; considering 
EJ in alternatives analysis and final project design; and supporting a 
modal shift in freight or passenger movement to reduce emissions or 
reduce induced travel demand.
    b. Racial Equity and Barriers to Opportunity. Projects must 
consider and address equity and barriers to opportunity in their 
planning, as determined by FRA, and as a condition of receiving 
construction funds, consistent with Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (86 FR 7009). The grant agreement should include the 
grantee's description of activities they have taken, or will take, 
prior to obligation of construction funds that addresses equity and 
barriers to opportunity. These activities may include, but are not 
limited to: completing an equity impact analysis for the project; 
adopting an equity and inclusion program/plan; conducting meaningful 
public engagement to ensure underserved communities are provided an 
opportunity to be involved in the planning process; including 
investments that either redress past barriers to opportunity or that 
proactively create new connections and opportunities for underserved 
communities; hiring from local communities; improving access to or 
providing economic growth opportunities for underserved, overburdened, 
or rural communities; or addressing historic or current inequitable air 
pollution or other environmental burdens and impacts.
    c. Employment Opportunities. In addition to prioritizing projects 
that address climate change, proactively address racial equity, and 
reduce barriers to opportunity, FRA intends to use the STC NOFO to 
support the creation of good-paying jobs with the free and fair choice 
to join a union and the incorporation of strong labor standards and 
training and placement programs, especially registered apprenticeships, 
and local hire agreements, in project planning and development. To the 
extent that applicants have not sufficiently considered job quality and 
labor rights in their planning, as determined by the Department of 
Labor, the applicants will be required to do so before receiving funds 
for construction, consistent with Executive Order 14025, Worker 
Organizing and Empowerment (86 FR 22829), and Executive Order 14052, 
Implementation of the Infrastructure Investment and Jobs Act (86 FR 
64335). Specifically, the project planning activities and project 
delivery actions must support: (a) strong labor standards and the free 
and fair choice to join a union,\10\ including project labor 
agreements, local hire agreements,\11\ distribution of workplace rights 
notices, and use of an appropriately trained workforce; (b) support of 
high-quality workforce development programs, including registered 
apprenticeship, labor-management training programs, and supportive 
services to help train, place, and retain people in good-paying jobs 
and apprenticeships; and (c) comprehensive planning and policies to 
promote hiring and inclusion for all groups of workers, including 
through the use of local and economic hiring preferences, linkage 
agreements with workforce programs that serve these underrepresented 
groups, and proactive plans to prevent harassment.
---------------------------------------------------------------------------

    \10\ Federal funds may not be used to support or oppose union 
organizing, whether directly or as an offset for other funds.
    \11\ IIJA div. B section 25019 provides authority to use 
geographical and economic hiring preferences, including local hire, 
for construction jobs, subject to any applicable State and local 
laws, policies, and procedures.
---------------------------------------------------------------------------

    The Office of Federal Contract Compliance Programs (OFCCP) is 
charged with protecting America's workers by enforcing equal employment 
opportunity and affirmative action obligations of employers that do 
business with the federal government. OFCCP enforces Executive Order 
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. Together these legal 
authorities make it unlawful for Federal contractors and subcontractors 
to discriminate in employment because of race, color, religion, sex, 
sexual orientation, gender identity, national origin, disability, or 
status as a protected veteran. Consistent with E.O. 11246, Equal 
Employment Opportunity (30 FR 12319, and as amended), all Federally 
assisted contractors are required to make good faith efforts to meet 
the goals of 6.9 percent of construction project hours being performed 
by women, in addition to goals that vary based on geography for 
construction work hours and for work being performed by people of 
color. Recipients of Federal transportation funding will be required to 
comply fully with Title VI of the Civil Rights Act of 1964 and 
implementing regulations (49 CFR 21), the ADA, Section 504 of the 
Rehabilitation Act of 1973, and all other civil rights requirements. 
The Department's and FRA's Office of Civil Rights may provide resources 
and technical assistance to recipients to ensure full and sustainable 
compliance with Federal civil rights requirements. The OFCCP has a Mega 
Construction Project Program through which it engages with project 
sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. Through the 
program, OFCCP offers contractors and

[[Page 56697]]

subcontractors extensive compliance assistance, conducts compliance 
evaluations, and helps to build partnerships between the project 
sponsor, prime contractor, subcontractors, and relevant stakeholders. 
OFCCP will identify projects that receive an award under this notice 
and are required to participate in OFCCP's Mega Construction Project 
Program from a wide range of federally assisted projects over which 
OFCCP has jurisdiction and that have a project cost above $35 million. 
DOT will require project sponsors with costs above $35 million that 
receive awards under this funding opportunity to partner with OFCCP, if 
selected by OFCCP, as a condition of their DOT award. Under that 
partnership, OFCCP will ask these project sponsors to make clear to 
prime contractors in the pre-bid phase that project sponsor's award 
terms will require their participation in the Mega Construction Project 
Program. Additional information on how OFCCP makes their selections for 
participation in the Mega Construction Project Program is outlined 
under ``Scheduling'' on the Department of Labor website: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.
    d. Critical Infrastructure Security and Resilience. It is the 
policy of the United States to strengthen the security and resilience 
of its critical infrastructure against both physical and cyber threats. 
Each applicant selected for Federal funding under this Notice must 
demonstrate, prior to signing of the grant agreement, efforts to 
consider and address physical and cyber security risks relevant to the 
transportation mode and type and scale of the project. Projects that 
have not appropriately considered and addressed physical and cyber 
security and resilience in their planning, design, and project 
oversight, as determined by the DOT and the Department of Homeland 
Security, will be required to do so before receiving funds for 
construction, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National 
Security Presidential Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems. Information on cybersecurity 
performance goals can be found at https://www.cisa.gov/cpg.
    e. Domestic Preference Requirements. Assistance under this NOFO is 
subject to the Buy America requirements in 49 U.S.C. 22905(a) and the 
Build America, Buy America Act, Public Law 117-58, 70901-52. In 
addition, as expressed in Executive Order 14005, Ensuring the Future Is 
Made in All of America by All of America's Workers (86 FR 7475), it is 
the policy of the executive branch to maximize, consistent with law, 
the use of goods, products, and materials produced in, and services 
offered in, the United States. FRA expects all applicants to comply 
with that requirement without needing a waiver. However, to obtain a 
waiver, a recipient must be prepared to demonstrate how they will 
maximize the use of domestic goods, products, and materials in 
constructing their project. If an applicant anticipates it may need a 
waiver, the applicant should indicate the need in its application and 
submit materials necessary for such requests together with its 
application.
    f. Civil Rights and Title VI. Applications should demonstrate that 
the recipient has a plan for compliance with civil rights obligations 
and nondiscrimination laws, including Title VI of the Civil Rights Act 
of 1964 and implementing regulations (49 CFR 21), the ADA, and section 
504 of the Rehabilitation Act, and accompanying regulations. This may 
include, as applicable, providing a Title VI plan, community 
participation plan, and other information about the communities that 
will be benefited and impacted by the project. The DOT's and FRA's 
Office of Civil Rights may provide resources and technical assistance 
to recipients to ensure full and sustainable compliance with Federal 
civil rights requirements.

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports may be submitted electronically.
b. Additional Reporting
    Applicants selected for funding are required to comply with all 
reporting requirements in the standard terms and conditions for FRA 
grant awards including 2 CFR 180.335 and 2 CFR 180.350.
    If the Federal share of any Federal award under this NOFO may 
include more than $500,000 over the period of performance, applicants 
are informed of the post award reporting requirements reflected in 2 
CFR part 200, appendix XII2 CFR part 200, Appendix XII--Award Term and 
Condition for Recipient Integrity and Performance Matters.
c. Performance Reporting
    Each applicant selected for funding must collect information and 
report on the project's performance using measures mutually agreed upon 
by FRA and the grantee to assess progress in achieving strategic goals 
and objectives. Examples of rail performance measures are listed in the 
below table. The applicable measure(s) will depend upon the type of 
project. Applicants requesting funding for the acquisition of rolling 
stock must integrate at least one equipment/rolling stock performance 
measure, consistent with the grantee's application materials and 
program goals.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Primary strategic    Secondary strategic
           Rail measures                 Unit measured             Temporal                goal                  goal                 Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow order miles..................  Miles.................  Annual...............  State of Good Repair  Safety..............  The number of miles per
                                                                                                                                year within the project
                                                                                                                                area that have temporary
                                                                                                                                speed restrictions
                                                                                                                                (``slow orders'')
                                                                                                                                imposed due to track
                                                                                                                                condition. This is an
                                                                                                                                indicator of the overall
                                                                                                                                condition of track. This
                                                                                                                                measure can be used for
                                                                                                                                projects to rehabilitate
                                                                                                                                sections of a rail line
                                                                                                                                since the rehabilitation
                                                                                                                                should eliminate, or at
                                                                                                                                least reduce the slow
                                                                                                                                orders upon project
                                                                                                                                completion.

[[Page 56698]]

 
Gross Ton.........................  Gross Tons............  Annual...............  Economic              State of Good Repair  The annual gross tonnage
                                                                                    Competitiveness.                            of freight shipped in
                                                                                                                                the project area. Gross
                                                                                                                                tons include freight
                                                                                                                                cargo minus tare weight
                                                                                                                                of the rail cars. This
                                                                                                                                measures the volume of
                                                                                                                                freight a railroad ships
                                                                                                                                in a year. This measure
                                                                                                                                can be useful for
                                                                                                                                projects that are
                                                                                                                                anticipated to increase
                                                                                                                                freight shipments.
Rail Track Grade Separation.......  Count.................  Annual...............  Economic              Safety..............  The number of annual
                                                                                    Competitiveness.                            automobile crossings
                                                                                                                                that are eliminated at
                                                                                                                                an at-grade crossing as
                                                                                                                                a result of a new grade
                                                                                                                                separation.
Passenger Counts..................  Count.................  Annual...............  Economic              State of Good Repair  Count of the annual
                                                                                    Competitiveness.                            passenger boardings and
                                                                                                                                alightings at stations
                                                                                                                                within the project area.
Travel Time.......................  Time/Trip.............  Annual...............  Economic              Quality of Life.....  Point-to-point travel
                                                                                    Competitiveness.                            times between pre-
                                                                                                                                determined station stops
                                                                                                                                within the project area.
                                                                                                                                This measure
                                                                                                                                demonstrates how track
                                                                                                                                improvements and other
                                                                                                                                upgrades improve
                                                                                                                                operations on a rail
                                                                                                                                line. It also helps make
                                                                                                                                sure the railroad is
                                                                                                                                maintaining the line
                                                                                                                                after project
                                                                                                                                completion.
Track weight capacity.............  Yes/No................  One Time.............  State of Good Repair  Economic              If a project is upgrading
                                                                                                          Competitiveness.      a line to accommodate
                                                                                                                                heavier rail cars
                                                                                                                                (typically an increase
                                                                                                                                from 263,000 lb. rail
                                                                                                                                cars to 286,000 lb. rail
                                                                                                                                cars).
Track Miles.......................  Miles.................  One Time.............  State of Good Repair  Economic              The number of track miles
                                                                                                          Competitiveness.      that exist within the
                                                                                                                                project area. This
                                                                                                                                measure can be
                                                                                                                                beneficial for projects
                                                                                                                                building sidings or
                                                                                                                                sections of additional
                                                                                                                                main line track on a
                                                                                                                                railroad.
--------------------------------------------------------------------------------------------------------------------------------------------------------

G. Federal Awarding Agency Contacts

    For further information concerning this Notice, please contact the 
FRA NOFO Support program staff via email at [email protected].

H. Other Information

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

    Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2023-17834 Filed 8-17-23; 8:45 am]
BILLING CODE 4910-06-P