[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42573-42595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10656]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for Projects Located on the 
Northeast Corridor for the Fiscal Year 2024 Federal-State Partnership 
for Intercity Passenger Rail Program

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 to obtain grant funding for projects located on the 
Northeast Corridor (NEC) under the Federal-State Partnership for 
Intercity Passenger Rail Program (FSP Program) for Fiscal Year (FY) 
2024. This notice solicits applications for FSP Program funds made 
available by the Consolidated Appropriations Act, 2024, and Division J 
of the Infrastructure Investment and Jobs Act (IIJA). The opportunity 
described in this notice is made available under Assistance Listings 
Number 20.326, ``Federal-State Partnership for Intercity Passenger 
Rail.''

DATES: Applications for funding under this solicitation are due no 
later than 11:59 p.m. Eastern Time, July 15, 2024. Applications that 
are incomplete or received after 11:59 p.m. Eastern Time, on July 15, 
2024 will not be considered for funding. See Section D of this notice 
for additional information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov will be 
eligible for award. For any supporting application materials that an 
applicant is unable to submit via www.Grants.gov (such as oversized 
engineering drawings), an applicant may submit an original and two (2) 
copies to Mr. Bryan Rodda, Office of Amtrak and Northeast Corridor 
Program Delivery, 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 ensure timely receipt of materials before the 
application deadline.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the FRA NOFO Support program staff via 
email at [email protected]. If additional assistance is needed, 
you may contact Mr. Bryan Rodda in FRA's Office of Amtrak and Northeast 
Corridor Program Delivery by email at [email protected] or telephone: 
202-557-0206; or Mr. Sergio Coronado in FRA's Office of Rail Program 
Development by email at [email protected] or telephone: 617-571-
1213.

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

Table of Contents

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

   Summary Overview of Key Information: Federal-State Partnership for
 Intercity Passenger Rail Program for Projects Located on the Northeast
                           Corridor (FSP-NEC)
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Issuing Agency...............  Federal Railroad Administration, U.S.
                                Department of Transportation.
Program Overview.............  The purpose of the FSP Program is to
                                reduce the State of Good Repair backlog,
                                improve performance, or expand or
                                establish new intercity passenger rail
                                service. Program funding and selections
                                are provided separately for projects
                                located on and off the NEC. This notice
                                solicits applications for projects
                                located on the NEC.

[[Page 42574]]

 
Eligible Applicants..........  1. A State (including the District of
                                Columbia);
                               2. A group of States;
                               3. An Interstate Compact;
                               4. A public agency or publicly chartered
                                authority established by one or more
                                States;
                               5. A political subdivision of a State;
                               6. Amtrak, acting on its own behalf or
                                under a cooperative agreement with one
                                or more States;
                               7. A Federally recognized Indian Tribe;
                                and
                               8. Any combination of the entities
                                described in (1) through (7).
Eligible Project Types.......  1. A project to replace, rehabilitate, or
                                repair infrastructure, equipment, or a
                                facility used for providing intercity
                                passenger rail service to bring such
                                assets into a State of Good Repair;
                               2. A project to improve intercity
                                passenger rail service performance,
                                including reduced trip times, increased
                                train frequencies, higher operating
                                speeds, improved reliability, expanded
                                capacity, reduced congestion,
                                electrification, and other improvements,
                                as determined by the Secretary;
                               3. A project to expand or establish new
                                intercity passenger rail service;
                               4. A group of related projects described
                                in paragraphs (1) through (3); and
                               5. The planning, environmental studies,
                                and final design for a project or group
                                of projects described in paragraphs (1)
                                through (4).
Funding......................  The total funding available for awards
                                under this NOFO is $2,034,420,932.
Deadline.....................  Applications Due: July 15, 2024 at 11:59
                                p.m., Eastern Time.
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A. Program Description

1. Overview

    Our Nation's rail network is a critical component of the U.S. 
transportation system and economy. The FSP Program provides a Federal 
funding opportunity to improve American passenger rail assets by 
funding projects that reduce the State of Good Repair backlog, improve 
performance, or expand or establish new intercity passenger rail 
service, including privately operated intercity passenger rail service 
if an eligible applicant is involved. The FSP Program is authorized in 
Sections 22106 and 22307 of the IIJA, codified at 49 U.S.C. 24911, and 
this NOFO is funded by 2024 IIJA advance appropriations as provided in 
Title VIII of Division J of IIJA (Advance Appropriations), and the 
Consolidated Appropriations Act, 2024, Division F, Title I, Public Law 
118-42 (2024 Appropriation).
    The IIJA provided distinct FSP Program selection criteria for 
projects located on the NEC and for projects not located on the NEC. 
For projects located on the NEC, the law requires FRA to make 
selections for FSP Program funds consistent with the Northeast Corridor 
Project Inventory (NEC Project Inventory). FRA published the most 
recent NEC Project Inventory on April 15, 2024 (2024 Inventory). The 
2024 Inventory can be found at https://railroads.dot.gov/elibrary/nec-inventory. This notice solicits applications for the Major Backlog, 
Capital Renewal, Improvement, and Stations projects and Planning 
Studies identified on the 2024 Inventory; it describes available FSP 
Program funding, application submission requirements, and the selection 
and evaluation criteria. For projects located off the NEC, FRA will 
publish a separate notice, and those projects are not eligible for 
funding under this announcement. Under this notice, FRA will make 
selections consistent with the 2024 Inventory as further described 
herein and only projects on the 2024 Inventory for which an application 
is submitted under this NOFO will be considered for award.
    Consistent with the 2024 Inventory, FRA's first priority will be 
selecting Major Backlog Projects regardless of their Lifecycle Stage 
within the two-year Inventory Period. FRA's second priority will be 
selecting projects in or beginning the Construction Lifecycle Stage 
within the Inventory Period that will reduce the NEC's State of Good 
Repair backlog and demonstrate the likelihood of significant Intercity 
Passenger Rail outcomes. FRA's third priority will be selecting 
projects in or beginning Planning, Project Development, or Final Design 
for projects within the Inventory Period that will reduce the NEC's 
State of Good Repair backlog and demonstrate the likelihood of 
significant Intercity Passenger Rail outcomes.
    For applicants' reference, FRA's Guidance on Development and 
Implementation of Railroad Capital Projects (88 FR 2163 (Jan. 12, 
2023)) (FRA's Capital Projects Guidance) is now available which assists 
Project Sponsors in developing effective and complete Capital Projects 
by defining the Project Development process and describing 
implementation tools, processes, and documentation that may be required 
for a grant. FRA's Capital Projects Guidance can be found here: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
    In December 2023, FRA updated its standard grant agreement terms 
and conditions. The new FRA grant agreement consists of three parts: 
Attachment 1: Standard Terms and Conditions, Attachment 2: Project-
Specific Terms and Conditions, and Terms and Conditions Exhibits. The 
updated agreement templates are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements. 
These templates are subject to revision.
    The Department seeks to fund projects that advance the 
Administration priorities of safety, equity, climate and 
sustainability, workforce development, job quality, and wealth creation 
as described in the U.S. DOT Strategic Plan, (https://www.transportation.gov/dot-strategic-plan) and in executive orders, 
which are described in Section E.\1\
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    \1\ Additional information about the USDOT Strategic Plan, 
Research, Development and Technology Strategic Plan can be found 
here: https://www.transportation.gov/dot-strategic-plan.
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2. Definitions of Key Terms

    Terms defined in this section are capitalized throughout this 
notice.
    a. ``Capital Cost Estimate'' has the meaning provided in the NEC 
Project Inventory.\2\
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    \2\ Capital Cost Estimates, as identified in the 2024 Inventory 
tables, are presented in year of expenditure dollars. While similar 
to ``Capital Cost Estimate'' as defined in FRA's Capital Projects 
Guidance, Capital Cost Estimates in the 2024 Inventory may include 
Planning Lifecycle Stage costs, if provided by the Project Sponsor, 
consistent with the Northeast Corridor Commission's process used to 
prepare the NEC Planning Documents.
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    b. ``Capital Project'' means a project for acquiring, constructing, 
improving, or inspecting rail equipment, track and track structures, or 
a rail facility, including expenses incidental to the

[[Page 42575]]

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); highway-rail grade crossing 
improvements; communication and signalization improvements; and 
rehabilitating, remanufacturing, or overhauling rail rolling stock and 
rail facilities.\3\
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    \3\ FRA will consider right-of-way acquisition only for 
applications seeking eligible Construction funding.
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    c. ``Capital Renewal'' means to repair, replace, or modernize basic 
infrastructure assets along a corridor section that is executed in 
accordance with a defined scope, schedule, and budget. Basic 
infrastructure assets include rails, ties, ballast, communication 
systems, signaling systems, electric traction power systems, and 
undergrade bridges.
    d. ``Commuter Rail Passenger Transportation'' means short-haul rail 
passenger transportation in metropolitan and suburban areas usually 
having reduced fare, multiple rides, and commuter tickets, and morning 
and evening peak period operations, consistent with 49 U.S.C. 24102(3); 
the term does not include rapid transit operations in an urban area 
that are not connected to the general railroad system of 
transportation.
    e. ``Construction'' means the Lifecycle Stage of a Capital Project 
during which the Capital Project is completely built, installed, and 
placed into use. Construction activities include, but are not limited 
to, physical construction and installation of the Capital Project, 
including testing of equipment, workforce training, and start-up 
testing. Construction activities occur after a project has completed 
Final Design.
    f. ``Cost Share Agreement'' means an agreement between the Project 
Sponsor and its partner(s) that identifies, for a Shared Benefit 
Project, the intercity passenger rail share, the commuter rail 
share(s), and the local share of the eligible project before the 
commencement of the project. Such agreements must be prepared 
consistent with the project-based cost sharing requirements of the 
Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy, 
as amended, and approved by the NEC Commission; for a Sole Benefit 
Project, the local or non-Federal share of the eligible project before 
commencement of the project.\4\
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    \4\ The Northeast Corridor Commuter and Intercity Rail Cost 
Allocation is available at: https://nec-commission.com/app/uploads/2018/04/2023-06-21_Cost-Allocation-Policy_v12.00_For-Publication.pdf.
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    g. ``Final Design'' or ``FD'' means the Lifecycle Stage of a 
Capital Project during which the Capital Project design is advanced to 
be ready for Construction. This is when final engineering plans and 
specifications necessary for construction of the project are produced. 
Final Design activities occur after a Capital Project has completed 
Project Development, and before a Capital Project can advance to 
Construction. Final Design is described in FRA's Capital Projects 
Guidance.
    h. ``Funding Need'' has the meaning provided in the 2024 Inventory.
    i. ``Highly Rated'' means a rating provided for purposes of 49 
U.S.C. 24911(g)(2) to those Major Capital Projects identified as Major 
Backlog on the most recently published iteration of the NEC Project 
Inventory and all other Major Capital Projects with applications 
evaluated under this NOFO that receive an overall rating of Recommended 
or Highly Recommended.
    j. ``Improvement'' means repair or enhancement to existing rail 
infrastructure, equipment, or facility, or Construction of new rail 
infrastructure, equipment, or facilities, that results in efficiency of 
the rail system and the safety of those affected by the system.
    k. ``Intercity Rail Passenger Transportation'' means rail passenger 
transportation, except Commuter Rail Passenger Transportation. See 49 
U.S.C. 24911(a)(3). In this notice, ``Intercity Passenger Rail 
Service'' and ``Intercity Passenger Rail Transportation'' are 
equivalent terms to ``Intercity Rail Passenger Transportation.''
    l. ``Inventory Period'' means, for the purposes of the 2024 
Inventory, January 1, 2024, through December 31, 2025.
    m. ``Lifecycle Stage'' means each of the consecutive stages of a 
Capital Project as it is developed and implemented that include Systems 
Planning, Project Planning, Project Development, Final Design, 
Construction, and Operation.
    n. ``Major Backlog Project'' is a project identified by the NEC 
Commission as necessary to achieve a State of Good Repair, but that is 
not undertaken on a routine basis, including rehabilitation or 
replacement of major bridges and tunnels.
    o. ``Major Capital Project'' means a Capital Project with a Capital 
Cost Estimate equal to or greater than $500 million and with at least 
$100 million in Federal assistance under the FSP Program.
    p. ``National Environmental Policy Act'' or ``NEPA'' (42 U.S.C. 
4321 et seq.) is a Federal law that requires Federal agencies to 
analyze and document the environmental impacts of a proposed action in 
consultation with appropriate Federal, Tribal, State, and local 
authorities, and with the public. Environmental review under NEPA 
consists of an Environmental Impact Statement (EIS), Environmental 
Assessment (EA) or Categorical Exclusion (CE). The NEPA class of action 
depends on the potential environmental impacts of the proposed action. 
For purposes of this NOFO, NEPA also includes all related Federal laws 
and regulations including the Clean Air Act, Section 4(f) of the 
Department of Transportation Act, Section 7 of the Endangered Species 
Act, and Section 106 of the National Historic Preservation Act. 
Additional information regarding FRA's environmental processes and 
requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment.
    q. ``Northeast Corridor'' (``NEC'') means the main rail line 
between Boston, Massachusetts, and the District of Columbia; the branch 
rail lines connecting to Harrisburg, Pennsylvania, Springfield, 
Massachusetts, and Spuyten Duyvil, New York; and facilities and 
services used to operate and maintain these lines, consistent with 49 
U.S.C. 24911(a)(3).
    r. ``NEC Planning Documents'' means the Northeast Corridor 
Commission's CONNECT NEC 2037 and the FY 2024-2028 Northeast Corridor 
Capital Improvement Plan.
    s. ``Planning Studies'' are those projects which include only 
planning activities such as railroad transportation market forecasting, 
operations analysis, fleet planning, cost analysis, station and 
facility planning, environmental resource consideration, and other 
similar activities. Planning Studies are planning activities without 
association to a specific Capital Project in their current form.
    t. ``Preliminary Engineering (PE)'' means engineering design to 
define a Capital Project, including identification of all environmental 
impacts and design of all critical project elements at a level 
sufficient to ensure reliable cost estimates and schedules. The PE 
development process starts with specific project design alternatives 
that allow for the assessment of a range of rail improvements, specific 
alignments, and project designs. PE is considered part of the Project 
Development Lifecycle Stage, as described in FRA's Capital Projects 
Guidance.
    u. ``Project Development'' means the Lifecycle Stage of a Capital 
Project

[[Page 42576]]

during which the Project Sponsor conducts design, environmental, and 
other studies to ensure the Capital Project is ready for 
implementation. Project Development activities occur after a Project 
Sponsor has completed Project Planning, and before a Capital Project 
can advance to Final Design. Project Development is further described 
in FRA's Capital Projects Guidance.
    v. ``Project Management Plan'' means, under this NOFO, a document 
as provided in FRA's Capital Projects Guidance that describes how the 
Capital Project will be implemented, monitored, and controlled to help 
the Project Sponsor effectively, efficiently, and safely deliver the 
project on-time, within-budget, and at the highest appropriate quality.
    w. ``Project Planning'' is the first Lifecycle Stage of a Capital 
Project during which the Project Sponsor identifies Capital Project 
concepts to adequately address transportation needs and opportunities 
identifies and compares costs, benefits, and impacts of project 
options; identifies the impacted environmental resources and engages 
with interested parties, agencies, and infrastructure owners. Project 
Planning activities are completed before a Capital Project advances to 
Project Development. Project Planning is further described in FRA's 
Capital Projects Guidance.
    x. ``Project Sponsor'' means the entity responsible for 
implementing a project that may also be an applicant seeking or grantee 
receiving Federal financial assistance.
    y. ``Risk Assessment'' means for a Major Capital Project, an 
unbiased, risk-based, probabilistic analysis that verifies the accuracy 
and reasonableness of the current cost estimate and schedule and 
results in a probability range that represents the project's cost while 
accounting for the range of potential costs associated with project 
uncertainties.
    z. ``State of Good Repair'' means a condition in which physical 
assets, both individually and as a system, are (A) performing at a 
level at least equal to that called for in their as-built or as-
modified design specification during any period when the life cycle 
cost of maintaining the assets is lower than the cost of replacing 
them; and (B) sustained through regular maintenance and replacement 
programs, consistent with 49 U.S.C. 24102(12).
    aa. ``Total Project Cost'' means the sum of FSP funding, other 
Federal funding, and the non-Federal funding required to complete the 
Lifecycle Stage(s) of the project for which funding is requested in 
this application. In general, FRA expects the Total Project Cost to be 
consistent with the Funding Need for the project, as shown on the 2024 
Inventory, except for those projects partially funded under previous 
FSP NOFOs and those projects receiving funding toward the Total Project 
Cost in the time period between the 2023 submission of project 
information by Project Sponsors to the NEC Commission to update the NEC 
Planning Documents and selections made under this NOFO.5 6
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    \5\ The Total Project Cost for projects that received partial 
funding in a previous FSP-NEC NOFO should reflect the same Total 
Project Cost provided in the application submitted under the 
previous NOFO. In the event that such a project is selected, FRA 
intends to apply both FSP award amounts to the same Total Project 
Cost.
    \6\ The project information submitted by Project Sponsors to the 
NEC Commission in Summer 2023 was used to inform project information 
as it appears on the 2024 Inventory.
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B. Federal Award Information

1. Available Award Amount

    The total amount of funding made available for new FSP-NEC awards 
under this NOFO is $2,034,420,932. The total amount of FY 2024 funding 
made available for projects located on the NEC from IIJA 2024 Advance 
Appropriations and the 2024 Appropriation is $4,502,362,500. From this 
amount, FRA intends to obligate up to $2,467,941,567 to fulfill FY 2024 
contingent commitments to FSP projects previously selected for Phased 
Funding Agreements.
    FRA may elect to award additional funds beyond the funds made 
available from the FY 2024 Advance Appropriations by including funds 
from the FY 2025 Advance Appropriations to applications received under 
this NOFO. Any selection and award under this NOFO are subject to the 
availability of appropriated funds.

2. Award Size

    There are no predetermined minimum or maximum dollar thresholds for 
awards. FRA anticipates making multiple awards with the available 
funding. FRA may not be able to award grants to all eligible 
applications even if they meet or exceed the stated criteria (see 
Section E, Application Review Information). Applicants must apply for a 
project as it appears on the NEC Project Inventory. FRA may award 
partial funding, as projects may require more funding than is 
available. Prior to selection, FRA will contact the applicant to ensure 
that the applicant is able to complete the project with available 
funding.
    FRA strongly encourages that applicants seek funding for the 
appropriate Lifecycle Stage of a Capital Project, consistent with the 
2024 Inventory and the applicable corresponding application track in 
Section C(3)(b) below. If, notwithstanding this direction, an 
application covers multiple application tracks, it must also include 
the justification as further described in Section C(3)(b).
    Applications for a project with a Total Project Cost that has 
changed from the Funding Need that appears on the 2024 Inventory or 
that are seeking less than the Anticipated Obligation amount on the 
2024 Inventory should specify the change and provide an explanation for 
how the remainder of the project will be funded and whether the Project 
Sponsor plans to apply for additional funding under a future FSP-NEC 
NOFO.

3. Award Type

a. Grants and Cooperative Agreements
    FRA will make awards for projects selected under this notice 
through grant agreements or cooperative agreements. Grant agreements 
are used when FRA does not expect to have substantial Federal 
involvement in carrying out the funded activity. Cooperative agreements 
allow for substantial Federal involvement in carrying out the agreed 
upon investment, including technical assistance, review of interim work 
products, and increased program oversight. The term ``grant'' is used 
throughout this document and is intended to reference funding awarded 
through a grant agreement, as well as funding awarded through a 
cooperative agreement. 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 non-Federal funds 
at the required percentage concurrent with Federal funds throughout the 
life of the project.
    Additionally, FRA may provide grant funding in phases through a 
Phased Funding Agreement (PFA) for Highly Rated projects. A PFA, 
authorized at 49 U.S.C. 24911(g)(2), is an FRA grant agreement 
associated with the obligation of an initial grant award under the 
Partnership Program. A PFA shall: (1) establish the terms of 
participation by the Federal Government in the project; (2) establish 
the maximum amount of Federal financial assistance for the project; (3)

[[Page 42577]]

include the period of time for completing the project, even if such 
period extends beyond the period for which Federal financial assistance 
is authorized; and (4) make timely and efficient management of the 
project easier in accordance with Federal law. FRA anticipates limiting 
the use of PFAs to projects that are currently in, or beginning, the 
Final Design and/or the Construction Lifecycle Stages.
    A PFA is an FRA grant agreement with the phased funding provisions 
in effect. It provides an initial obligation, and it also provides 
contingent commitments that are not financial obligations of the 
Federal Government but relate to the future obligation of funds 
(subject to the availability of appropriations). In the PFA, FRA 
commits to provide funding as specified in the PFA for the duration of 
the project, as long as the grantee continues to meet the terms of the 
PFA, and Congress appropriates sufficient FSP Program funding for such 
purpose.
    Applications for a Major Capital Project seeking a PFA must request 
a PFA in the project narrative and provide the additional information 
required in Section D(2)(a). Additionally, FRA may independently 
determine that a project is appropriate for a PFA.
b. Letters of Intent
    Additionally, FRA may issue Letters of Intent (LOI) to FSP-NEC 
grantees proposing Major Capital Projects. Applications for a Major 
Capital Project that seek FSP-NEC funds beyond what is made available 
in this NOFO and who are seeking an LOI must request an LOI in the 
project narrative and provide the additional information required in 
Section D(2)(a). Additionally, FRA may independently determine that a 
project is appropriate for an LOI.
    An LOI, authorized at 49 U.S.C. 24911(g)(1), is a letter from FRA 
to a grantee announcing ``an intention to obligate'' an amount to its 
Major Capital Project from future budget authority. LOIs are contingent 
commitments and not binding obligations of the Federal Government. FRA 
intends to use LOIs to demonstrate its intent to provide future Final 
Design and Construction Lifecycle Stage funding for Major Capital 
Projects assuming successful completion of Project Planning and Project 
Development Lifecycles for the project. FRA anticipates issuing LOIs 
primarily to projects currently in, or beginning, the Project 
Development Lifecycle Stage. In issuing the LOI, FRA may outline 
conditions and/or define readiness thresholds that the grantee may use 
to inform future funding requests for FSP-NEC funds.

4. Concurrent Applications

    DOT and 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 funding under this NOFO, applicants must indicate the program(s) to 
which they submitted or plan to submit an application for funding the 
entire project or certain components, as well as highlight new or 
revised information in the application responsive to this NOFO that 
differs from the previously submitted application(s).

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost 
sharing and matching requirements, project eligibility, and operational 
independence. 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 following entities are eligible applicants for all projects 
permitted under this notice:
    a. A State (including the District of Columbia);
    b. A group of States;
    c. An Interstate Compact;
    d. A public agency or publicly chartered authority established by 
one or more States;
    e. A political subdivision of a State;
    f. Amtrak, acting on its own behalf or under a cooperative 
agreement with one or more States;
    g. A Federally recognized Indian Tribe, and
    h. Any combination of the entities described in (a) through (g).
    Applications must be submitted by the lead applicant that serves as 
the primary point of contact for the application, and that if selected, 
will be the grantee of the FSP-NEC grant award.
    To submit an application under (h) above, the lead applicant must 
identify the other entities(s) and include a signed statement from an 
authorized representative of each entity that affirms the entity joins 
the application. See Section D(2) for further instructions about 
submitting an application under 49 U.S.C. 24911(a)(1)(H).
    An application submitted by Amtrak and one or more States, whether 
eligible under (a), (b), (f) or (h) above, must identify the lead 
applicant and include a signed cooperative agreement between Amtrak and 
the State(s) consistent with 49 U.S.C. 24911(a)(1)(F). Applications may 
reference entities that are not eligible (e.g., private sector firms) 
in an application as a partner in project funding or implementation, 
but ineligible entities do not qualify as an applicant and cannot be a 
grantee. If the applicant seeks to partner with an ineligible entity 
(e.g., a private intercity passenger rail operator), that intention 
should be made clear in the application and a letter of support from 
the ineligible entity should be included in the application. The 
eligible lead applicant who partners with other entities, private or 
otherwise, will be the legally responsible party to FRA under the grant 
agreement, including for administering and managing Federal funds for 
the authorized purpose and delivering the project.

2. Cost Sharing and Matching

    FRA will evaluate the application based on the amount of Federal 
funds for the eligible project requested in the application.\7\ The 
Federal share of total costs for FSP projects funded under this notice 
shall not exceed 80 percent. The estimated total cost of a project must 
be based on the best available information, including engineering 
studies, studies of economic feasibility, environmental analyses, and 
information on the expected use of equipment and/or facilities, 
consistent with 49 U.S.C. 24911(f)(1). As stated in the 2024 Inventory, 
FRA will generally fund Major Backlog Projects applying under this 
notice up to 80 percent Federal share of the Total Project Cost of an 
eligible project. FRA will generally fund Capital Renewal, Improvement, 
and Station projects applying under this notice between 50 and 80 
percent Federal share of the total cost of an eligible project. For a 
higher Federal share within this range, FRA will consider the extent to 
which: (i) projects bring assets supporting Intercity Passenger Rail 
service into a State of Good Repair, and (ii) and demonstrate 
likelihood of significant Intercity Passenger Rail outcomes. 
Additionally, applicants are encouraged to use FRA's cost estimate 
guidance documentation, ``Capital Cost Estimating: Guidance for Project 
Sponsors,'' and to account for the impact of external factors (e.g.,

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inflation) while preparing the scope, schedule, and budget.\8\
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    \7\ If an applicant's Cost Share Agreement demonstrates the 
commitment of more non-Federal dollars than proposed in the 
application, the applicant should explain the distinction and 
confirm that the difference was intentional.
    \8\ The ``Capital Cost Estimating: Guidance for Project 
Sponsors,'' is available at: https://www.fra.dot.gov/Page/P0926.
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    Applicants must identify the source(s) of their non-Federal share 
and must clearly and distinctly reflect these funds as part of the 
Total Project Cost. The minimum 20 percent non-Federal share may be 
comprised of public or private 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.\9\ 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.
---------------------------------------------------------------------------

    \9\ See Section D(2)(a) for supporting information required to 
demonstrate eligibility of Federal funds for use as non-Federal 
share.
---------------------------------------------------------------------------

    If Amtrak is an applicant under this NOFO, Amtrak may use ticket 
and other non-Federal revenues generated from its operations and other 
sources as well as funding provided by the Advance Appropriations under 
the heading ``Northeast Corridor Grants to the National Railroad 
Passenger Corporation'' to satisfy the non-Federal share requirements.
    Funding under this NOFO may not be used for costs that are included 
in or used to meet cost sharing or matching requirements of any other 
federally financed award or program. If the applicant is seeking 
additional funding for a project that has already received Federal 
financial assistance, costs associated with the scope of work for the 
existing Federal award are not eligible for funding under this NOFO. 
Only new scope elements and activities (e.g., new deliverables) are 
eligible for funding under this NOFO.
    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See Section D(2)(a) for 
required application information on non-Federal share and Section E for 
further discussion of FRA's consideration of matching funds in the 
review and selection process. FRA will approve pre-award costs incurred 
after announcement of awards consistent with 2 CFR 200.458, as 
applicable. Cost sharing or matching may be used only for authorized 
Federal award purposes.
    All contracts for projects financed with Federal funds will be 
subject to applicable Federal requirements. Applicants that have 
entered into contracts for a proposed project prior to award must 
ensure that applicable Federal requirements are included in the 
contract in the event the project is selected, and Federal funds are 
obligated.

3. Eligible Projects

    a. Only projects on the NEC Project Inventory for which an 
application is submitted under this NOFO will be considered for award. 
The following Capital Projects, including acquisition of real property 
interests, are eligible:
    1. A project to replace, rehabilitate, or repair infrastructure, 
equipment, or a facility used for providing intercity passenger rail 
service to bring such assets into a State of Good Repair.\10\
---------------------------------------------------------------------------

    \10\ The location of the equipment's primary use will determine 
whether it is a project located on the NEC.
---------------------------------------------------------------------------

    2. A project to improve intercity passenger rail service 
performance, including reduced trip times, increased train frequencies, 
higher operating speeds, improved reliability, expanded capacity, 
reduced congestion, electrification, and other improvements, as 
determined by the Secretary.
    3. A project to expand or establish new intercity passenger rail 
service.
    4. A group of related projects described in paragraphs (1) through 
(3).
    5. The planning, environmental studies, and Final Design for a 
project or group of projects described in paragraphs (1) through (4).
    For projects that are on a shared corridor with Commuter Railroad 
Passenger Transportation or freight transportation, applicants must 
clearly demonstrate how the proposed project benefits Intercity 
Passenger Rail Transportation and that funding the proposed project 
would be a reasonable investment in Intercity Passenger Rail 
Transportation, independent and separate from consideration of the 
proposed project's benefits to other transportation purposes.
    Capital Projects, as further defined in Section A(2), may include 
the acquisition of real property interests, planning, Project 
Development, Final Design, and Construction. Pre-Construction 
activities are eligible for funding independently or in conjunction 
with proposed funding for Construction.
    Projects that include Project Development may include engineering 
drawings and specifications (scale drawings at the 30 percent design 
level, including track geometry as appropriate); design criteria, 
schematics, and/or track charts that support the development of PE; and 
work that can be funded in conjunction with developing PE, such as 
operations modeling, surveying, project work/management plans, 
preliminary cost estimates, and preliminary project schedules. Project 
Development funded under this NOFO must be sufficiently developed when 
complete to support FD or Construction activities. (See Section 
D(2)(a)(i) for additional information.)
    b. Application Tracks: Other than as specified in the 2024 
Inventory, applicants are not limited in the number of projects for 
which they seek funding. However, FRA strongly encourages that 
applications identify only one of the following tracks for an eligible 
project: Track 1--Planning Studies and Project Planning; Track 2--
Project Development; Track 3--FD/Construction. The project tracks are 
based on Lifecycle Stages, and the Inventory prioritized projects based 
on Lifecycle Stage information provided by Project Sponsors. While 
applications covering multiple tracks for a project are not precluded, 
such applications will require a justification for varying from the 
2024 Project Inventory. See Section E(1)(a). FRA will review the merit 
of the justification provided in evaluating the application. Applicants 
must identify the Federal dollar amount requested for each Lifecycle 
Stage, itemized by project component (if applicable) and task. Where an 
application covers multiple tracks, FRA may award funds based on 
project readiness information for what it determines is the appropriate 
Lifecycle Stage.
    1. Track 1--Planning Studies and Project Planning: Track 1 consists 
of Planning Studies and planning specific to a Capital Project. 
Planning Studies include planning activities (with no associated 
Construction), and examples include: railroad transportation market 
forecasting, conceptual design activities (e.g., operations analysis, 
establishing the type and scope of capital improvements), fleet 
planning, cost analysis, station and facility planning, environmental 
resource consideration (e.g., development of a purpose and need 
statement, preliminary alternatives analysis, identification of 
environmental resources and analysis of potential environmental 
effects), and other similar activities. A description of Project 
Planning may be found in FRA's Capital Projects Guidance. Examples 
include: the development of a purpose and need statement; completion of 
conceptual engineering and other design; documentation showing that 
project alternatives were considered; completion of an environmental 
resource inventory and potential environmental concerns analysis; scale 
design drawings; public and stakeholder involvement; completion of an 
order-of-

[[Page 42579]]

magnitude project cost estimate; and for Major Capital Projects, 
completion of an initial Project Management Plan. Project Planning 
projects funded under this NOFO must be sufficiently developed when 
complete to support Project Development activities.
    2. Track 2--Project Development: Track 2 consists of projects for 
eligible Project Development activities. A description of Project 
Development may be found in FRA's Capital Projects Guidance. Examples 
include: completion of Preliminary Engineering (PE) and architectural 
or other design; PE drawings and specifications (scale drawings at the 
30 percent design level, including track geometry as appropriate); 
design criteria, schematics and/or track charts that support the 
development of PE; work that can be funded in conjunction with 
developing PE, such as operations modeling, surveying, project work/
management plans, preliminary cost estimates, and preliminary project 
schedules; completion of environmental review; and completion of 
applicable project management documentation (such as a Project 
Management Plan, schedule, Capital Cost Estimate, and financial plan). 
Project Development projects funded under this NOFO must be 
sufficiently developed when complete to support FD or Construction 
activities.
    3. Track 3--FD/Construction: Track 3 consists of projects for 
eligible FD and Construction activities. A description of FD and 
Construction may be found in FRA's Capital Projects Guidance. 
Applicants must complete all necessary Planning and Project Development 
stages, including PE and NEPA requirements, prior to moving to the FD/
Construction stage of a project. FD funded under this track includes 
completion of the Final Design documentation, resolving remaining 
uncertainties or risks associated with changes to the design and scope 
of the Capital Project; addressing procurement processes; and updating/
completing the applicable project management documentation (such as a 
Project Management Plan, schedule, Capital Cost Estimate, and financial 
plan). During Construction, the Capital Project is completely built, 
installed, and placed in use. Prior to obligation, applicants selected 
for funding for FD/Construction must demonstrate the following to FRA's 
satisfaction: (A) PE is completed for the proposed project, resulting 
in project designs that are reasonably expected to conform to all 
regulatory, safety, security, and other design requirements, including 
those under the Americans with Disabilities Act of 1990 (ADA); (B) NEPA 
is completed for the proposed project; (C) the applicants have entered 
into the appropriate agreements with key project partners, including 
infrastructure-owning entities; and (D) for Major Capital Projects, a 
Project Management Plan, schedule, Capital Cost Estimate, and financial 
plan are complete and up to date.

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, 
which will not count against the project narrative 25-page limit. The 
Department may share application information within the Department or 
with other Federal agencies if the Department determines that sharing 
is relevant to the respective program's objectives.

1. Address To Request Application Package

    Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their 
entirety through https://www.Grants.gov no later than 11:59 p.m. 
Eastern Time, on July 15, 2024. Applicants must complete an Authorized 
Organization Representative (AOR) profile on www.Grants.gov and create 
a username and password. Additional information about the registration 
process is available at: https://www.grants.gov/applicants/applicant-registration.
    Applicants are strongly encouraged to apply early to ensure that 
all materials are received before the application deadline. FRA 
reserves the right to modify this deadline. General information for 
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that 
information is available in appropriate alternative formats to meet the 
requirements of persons who have a disability. If you require an 
alternative version of files provided, please contact Laura Mahoney, 
Office of the Chief Financial Officer, Federal Railroad Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590; email: 
[email protected]; phone: 202-578-9337.
    The E-Business Point of Contact (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.
    If an applicant experiences difficulty at any point during this 
process, please call the Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays). 
For information and instructions on each of these processes, please see 
instructions at: grants.gov/applicants/grant-applications/how-to-apply-for-grants.

2. Content and Form of Application Submission

    FRA strongly advises applicants to read this section carefully. 
Applicants must submit all required information and components of the 
application package to be considered for funding. Applications that are 
not submitted on time or do not contain all required documentation will 
not be considered for funding. To support the application, applicants 
may provide other relevant and available optional supporting 
documentation that may have been developed by the applicant, especially 
such documentation that provides evidence of completion of the 
appropriate Lifecycle Stage(s) of a Capital Project. Additionally, 
applicants selected to receive funding must satisfy the requirements in 
49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and 
other grant conditions explained in part at https://www.fra.dot.gov/page/P0185 and further in Section F(2)(c) of this notice.
    Required documents and information for an application package 
include the following:

[[Page 42580]]



------------------------------------------------------------------------
          Application information             NOFO section for guidance
------------------------------------------------------------------------
Project Narrative..........................  See D(2)(a).
Statement of Work..........................  See D(2)(b)(i).
Environmental Compliance Documentation.....  See D(2)(b)(ii).
Matrix of Third-Party Agreements, Utility    See D(2)(b)(iii).
 Company Agreements, and Railroad
 Agreements.
SF 424--Application for Federal Assistance   See D(2)(b)(iv).
 \11\.
SF 424A--Budget Information for Non-         See D(2)(b)(v).
 Construction or SF 424C--Budget
 Information for Construction.
SF 424B--Assurances for Non-Construction or  See D(2)(b)(vi).
 SF 424D--Assurances for Construction.
FRA's F 30--Certifications Regarding         See D(2)(b)(vii).
 Debarment, Suspension and Other
 Responsibility Matters, Drug-Free
 Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial Capability    See D(2)(b)(viii).
 Questionnaire.
SF LLL--Disclosure of Lobbying Activities..  See D(2)(b)(ix).
------------------------------------------------------------------------

A. Project Narrative

    This section describes the minimum content required in the project 
narrative of grant applications. The project narrative must follow the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.
---------------------------------------------------------------------------

    \11\ The amount requested from the FSP Program on the SF-424 is 
the official record of request and, therefore, must match the amount 
requested in the project narrative and statement of work documents. 
Where there are discrepancies in the amount requested among the SF-
424, project narrative, and statement of work, FRA will use the 
request reflected in the SF-424.

------------------------------------------------------------------------
         Project narrative section            NOFO section for guidance
------------------------------------------------------------------------
I. Cover Page..............................  See D(2)(a)(i).
II. Project Summary........................  See D(2)(a)(ii).
III. Project Funding.......................  See D(2)(a)(iii).
IV. Applicant Eligibility Criteria.........  See D(2)(a)(iv).
V. Project Eligibility Criteria............  See D(2)(a)(v).
VI. Detailed Project Description...........  See D(2)(a)(vi).
VII. Project Location......................  See D(2)(a)(vii).
VIII. Evaluation and Selection Criteria....  See D(2)(a)(viii).
IX. Project Implementation and Management..  See D(2)(a)(ix).
------------------------------------------------------------------------

    The 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 relevant portions of the supporting documents 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.....................
Lead Applicant Name...............
Other Applicant Name(s), if
 applying under 49 U.S.C.
 24911(a)(1)(h).
Capital Cost Estimate.............  $
Amount of FSP Program funding       $
 requested under this NOFO.
Amount of proposed non-Federal      $
 share for FSP Program funding
 requested under this NOFO.
Source(s) of proposed non-Federal   If yes, provide lending source and
 share.                              amount.
Are any funds expected to be
 borrowed?.
Total Project Cost................  $
Total cost by Lifecycle Stage(s)    $
 for which funding is requested
 under this NOFO (list each
 Lifecycle Stage and cost
 separately).
Was a Federal grant application     Yes/No.
 previously submitted for this
 project?.
If yes, state the name of the       Federal grant program:
 Federal grant program, funding     What is different in this
 year, and project title from the    application from the previous?
 previous application..
City(-ies), County(-ies), State(s)
 where the project is located..
Congressional District(s) where
 the project is located.
Geospatial data for project
 location(s) in decimal degrees
 (with at least five decimal
 places of precision).
If a track segment or corridor,
 provide start and end point data.
Current Lifecycle Stage of project
 at time of application.
Anticipated completion date of
 current Lifecycle Stage.
Application Track and Lifecyle
 Stage proposed to be funded by
 this NOFO.
Intercity Passenger Rail
 service(s) benefiting from the
 project (including any Long-
 Distance services).
Is the project, now or upon         If yes, list the property, owners,
 completion, located on real         and the nature of the property
 property or right-of-way owned by   interest for each.\12\
 someone other than the applicant?

[[Page 42581]]

 
Host Railroad/infrastructure
 owner(s) of project assets.
Other impacted Railroad(s)........
    Tenant Railroad(s), if
     applicable.
    If applicable, is a 49 U.S.C.   Yes/No/Pending.
     22905-compliant Railroad
     Agreement in place or
     pending?.
LOI/PFA requested?................  Yes/No.
    If LOI requested, provide       $
     amount of future request.
    If PFA requested:.............
        (a) Provide amount of       $
         request under this NOFO
         for initial obligation..
        (b) Provide amount of       $
         request under this NOFO
         for contingent commitment
         (equal to the remaining
         amount of the project
         cost).
 

    ii. Project Summary: Provide a brief, 4-6 sentence summary of the 
proposed project. Include challenges the proposed project aims to 
address and summarize the intended outcomes and anticipated benefits 
that will result from the proposed project.
---------------------------------------------------------------------------

    \12\ In the property listing, please include estimated location, 
area, and expected use of property in relation to the project. A 
full legal description is currently unnecessary.
---------------------------------------------------------------------------

    iii. Grant Funds, Sources, and Use of Project Funds: Project 
budgets should show how different funding sources will contribute to 
each activity and present the data in year of expenditure dollars and 
percentages. The budget should identify other Federal funds the 
applicant is applying for, has been awarded, or intends to use. Funding 
sources should be grouped into three categories: non-Federal, FSP 
request, and other Federal with specific amounts for each funding 
source that total the Total Project Cost. Unless the Project Sponsor 
has secured other funding for the project since the date of the 2024 
Inventory, FRA expects the Total Project Cost to be consistent with the 
column titled ``Funding Need'' on the 2024 Inventory. FRA may not award 
more funding for a project than is requested in an application. The 
applicant should itemize funding to be spent during the Inventory 
Period by project Lifecycle Stage(s) and by project activity. 
Applicants must describe whether non-Federal funds are currently 
available for the project or will need to be secured if the project is 
selected for funding. To demonstrate availability, applicants should 
submit evidence of the availability of Non-Federal funds for FSP 
Program request and other Federal funding (if applicable), which may 
include a board resolution, letter of support from the State, a budget 
document highlighting the line item or section committing funds to the 
proposed project. The applicant may provide this documentation in an 
appendix. Documentation of previous and recent local investments in the 
project may be evidence of local financial commitment to the project 
but cannot be used to satisfy non-Federal matching requirements. Any 
funding commitment letters must be signed by an authorized 
representative of the entity providing a non-Federal share. For a Major 
Capital Project, applicants are encouraged to provide an annualized 
budget in year of expenditure dollars. Project budget information must 
be consistent throughout all application materials, specifically the 
Standard Form (SF) 424, project narrative, statement of work, and 
funding commitment letters.\13\ The project budget should be specific 
to the project scope described in the applicant's request for funding 
under this NOFO for project activities during the Inventory Period. If 
the project proposed to be funded under this NOFO is part of a larger 
scope, the applicant may reference the larger scope in the project 
narrative but should only include within the budget table the project 
scope identified on the 2024 Inventory and that is proposed to be 
funded under this NOFO.
---------------------------------------------------------------------------

    \13\ If there is a discrepancy between materials, FRA will use 
the funding amounts shown in the applicant's SF 424 as the amount 
requested for funding.
---------------------------------------------------------------------------

    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 this NOFO 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. Indicate whether the applicant anticipates securing financing 
for the project, and what the source, amount and terms will be. 
Eligible costs may not be more than the cost of the most favorable 
financing terms reasonably available for the project at the time of 
borrowing. If applicable, the applicant will certify that the applicant 
has shown reasonable diligence in seeking the most favorable financing 
terms consistent with 49 U.S.C. 24911 (g)(2)(c)(iii). Additionally, 
please indicate whether any expected financing will render the 
applicant unable to comply with the terms of 2 CFR part 200 or FRA's 
grant agreement template. If applicable, the applicant should provide 
the type and estimated value of any proposed in-kind contributions, as 
well as explain how the contributions meet the requirements in 2 CFR 
200.306.
    Identify any previously incurred costs the applicant believes are 
eligible under project scope, the dates the costs were incurred, and a 
citation to the statutory authority permitting such costs.
    Additionally, applicants should identify and describe Lifecycle 
Stages and/or project components that could be candidates for 
subsequent FSP funding if such funding becomes available. PFA 
disbursements are not required to align with project components with 
independent utility or operational independence, since the project as a 
whole achieves independent utility and operational independence. 
However, applicants are encouraged to identify meaningful milestones by 
which FRA can measure project progress for each forecasted funding 
request.

[[Page 42582]]

    Example Project Funding Tables: Applicants may use the following 
tables to describe project funding, and may use additional rows and 
columns, or additional project funding tables, as appropriate.
---------------------------------------------------------------------------

    \14\ For other Federal funds that will be used for the project, 
the applicant should identify the Federal program and fiscal year of 
the funding request(s), as well as highlight new or revised 
information in the application responsive to this NOFO that differs 
from the application(s) to other financial assistance programs.

                                       Table 1--Project Funding, Overview
----------------------------------------------------------------------------------------------------------------
                                   Task name/project                         Percentage of      Source of funds
             Task #                    component             Cost             total cost         and citation
----------------------------------------------------------------------------------------------------------------
1...............................
2...............................
-----------------------------------------------------
Total Project Cost:
    Federal Funds received from previous FSP
     grant(s).
    Federal FSP funding requested in this
     application.
    Non-Federal FSP funding.........................  Cash: In-Kind:....
    Other Federal funding committed and pending       Committed Amount:.
     (e.g., Federal Highway Administration,
     congressionally directed/earmark, other FRA
     grant program funds--including previous FSP
     grants, etc.) \14\.
    Note: If there are multiple sources of other      Pending Amount:...
     Federal funding, please break funding down by
     each source.
    Other non-Federal funding.......................
----------------------------------------------------------------------------------------------------------------

    Use table 2 to provide a funding breakdown by Lifecycle Stage/
Project Track. If not applicable, provide explanation.
[GRAPHIC] [TIFF OMITTED] TN15MY24.003

    If requesting a PFA for FD and Construction costs, complete Project 
Funding Table 3. Add additional FYs, as appropriate.
---------------------------------------------------------------------------

    \15\ Duplicate columns 4 and 5 as needed to accommodate each 
other Federal funding source.
    \16\ FRA expects that Total Project Cost will generally reflect 
the amount in the column titled ``Funding Need'' in the 2024 
Inventory because the application request should only be for costs 
to fund the Lifecycle Stages during the Inventory Period.
    \17\ Columns 5 and 7 may be divided to individually show source 
and funding amounts per line item.

[[Page 42583]]



                               Table 3--Project Funding, Phased Funding Agreement:
----------------------------------------------------------------------------------------------------------------
                                                      Initial
                                                    obligation        FY 2025         FY 2026      Total FSP-NEC
                 Lifecycle stage                    request (FY     obligation      obligation        request
                                                       2024)          request         request
----------------------------------------------------------------------------------------------------------------
Final Design....................................               $               $               $               $
Construction....................................               $               $               $               $
                                                 ---------------------------------------------------------------
    Total FSP-NEC Request.......................               $               $               $               $
----------------------------------------------------------------------------------------------------------------

    iv. Applicant Eligibility Criteria: Explain how the lead applicant 
meets the applicant eligibility criteria outlined in Section C(1) of 
this notice. Include citations to applicable enabling legislation in 
support of the applicant's eligibility to receive Federal funds. For 
public agencies and publicly chartered authorities established by one 
or more States, the explanation must include relevant legislative 
language and citations to the applicable enabling legislation. To 
submit a combined application under 49 U.S.C. 24911(a)(1)(H), the lead 
applicant must identify the other eligible applicant(s) and include a 
signed statement from an authorized representative of each entity that 
affirms the entity joins the application.
    For applications involving Amtrak and one or more States, Amtrak 
and the State(s) must provide a cooperative agreement for the project 
signed by authorized representatives of Amtrak and each State. Such 
cooperative agreements must include a description of the roles and 
responsibilities of each party, including budget and subrecipient 
information showing how the parties will share project costs. A Cost 
Share Agreement signed by Amtrak and one or more States would address 
this requirement if it addressed the requirements above.
    v. Project Eligibility Criteria: Explain how the proposed project 
meets the project eligibility criteria in Section C(3)(a) of this 
notice. Include a statement confirming that the proposed project is 
consistent with the 2024 Inventory or provide a statement indicating 
that there have not been material changes to infrastructure, service 
conditions or Project Sponsor capabilities or commitments, or other 
significant changes that may affect the scope, schedule, or budget of 
the project. FRA will review the following for Inventory consistency: 
Project Sponsor, Funding Need, Lifecycle Stage, Schedule, and 
Scope.\18\
---------------------------------------------------------------------------

    \18\ In this NOFO, the terms ``applicant'' and ``Project 
Sponsor'' are used interchangeably.
---------------------------------------------------------------------------

    If these data elements differ from the information shown on the 
project on the 2024 Inventory, the applicant must provide a statement 
explaining and/or justifying such changes and how they are a result of 
materially changed infrastructure or service conditions, changes in 
Project Sponsor capabilities or commitments, or other significant 
changes since the completion of the 2024 Inventory, consistent with 49 
U.S.C. 24911(d)(1)(A). The justification should demonstrate why the 
changed circumstances could not reasonably have been known at the time 
Project Sponsors provided information to the NEC Commission to update 
the NEC Planning Documents. If the application proposes to exclude 
scope that was included in the 2024 Inventory because that scope was 
funded from a different source, applicants should contact FRA for 
technical assistance regarding permissibility of including costs in the 
FSP-NEC project.
    Projects shown on the 2024 Inventory as funded through Construction 
are assumed complete with no remaining Funding Need. If the applicant 
wishes to apply for funding to support a Lifecycle Stage for which FSP 
funding has been awarded previously, the project narrative must include 
a justification to demonstrate why the additional funding is necessary 
(e.g., significant changes in scope of project since award, partial 
funding awarded in prior years). Such applicants should include how the 
Federal and non-Federal amounts from the previously selected project 
fit into the budget for the Total Project Cost.
    vi. Detailed Project Description: The applicant must include a 
detailed project description that expands upon the brief project 
summary. This detailed description should provide, at a minimum: a 
description of the scope of the entire project, as well as a 
description of the scope of the specific elements of the project for 
which funding is being requested in this NOFO; a project schedule 
showing completed and expected start and end dates for each Lifecycle 
Stage; additional background on the transportation challenges the 
project aims to address; a summary of current and proposed railroad 
operations in the project area and service frequency to include 
identification of all railroad owners and operators; the expected users 
and beneficiaries of the project, including all railroad operators and 
types of passenger or freight rail service operating or proposed to 
operate in the project area; and any other information the applicant 
deems necessary to justify the proposed project. See table 4 for 
specific project data requests. For projects that benefit intercity and 
commuter rail services, the applicant should include a statement that 
Amtrak and the public authorities providing Commuter Rail Passenger 
Transportation at the eligible project location are in compliance with 
49 U.S.C. 24905(c)(2) and identifying the funding for the intercity 
passenger rail share, the commuter rail share, and the local share of 
the project before commencement of the project. Applicants must 
identify these shares for the Lifecycle Stage(s) for which they are 
seeking funding (for example, an application seeking funding for 
Project Development must identify funding shares only for the Project 
Development Lifecycle Stage and not for the FD and Construction stages 
of the same project).
    For all projects, applicants must provide information about 
proposed performance measures, as described in Section F(3)(d) and 
required in 2 CFR 200.301.
    vii. Project Location: Applicants must include geospatial data for 
the project, as well as a map of the project's location. Geospatial 
data must be expressed in decimal degrees for latitude and longitude 
with at least five decimal places of precision.\19\ If the project 
includes a length of track or corridor development, the start and end 
coordinates for each corridor or segment must be provided. All 
Congressional districts in which the project will take place should be 
provided. Milepost, railroad, and subdivision identifiers can

[[Page 42584]]

also be provided but must be accompanied by corresponding latitudes and 
longitudes. For projects with multiple locations, the corresponding 
geospatial data must be included for each location, with individual 
columns for latitude and longitude, in table form as an attachment to 
the application.
---------------------------------------------------------------------------

    \19\ For example, if a project was proposed to take place at the 
Department of Transportation Headquarters in Washington, DC then the 
reported latitude should be 38.87589, and the longitude should be 
reported as -77.00337.
---------------------------------------------------------------------------

    viii. Evaluation and Selection Criteria: The applicant must include 
a thorough discussion of how the proposed project meets the evaluation 
and selection criteria. As described in Section E, FRA will evaluate 
applications based on project readiness, technical merit, and project 
outcomes, and will consider how the applicant's project aligns with the 
Administration priorities. If an application does not sufficiently 
address the evaluation criteria and the selection criteria, it is 
unlikely to be a competitive application. Applicants are expected to 
follow the directions and format requested in this NOFO, and adherence 
to these directions will be considered in evaluations.
    FRA expects applicants to include quantifiable railroad data, such 
as information on typical daily, weekly, or annual train movement by 
operator; ridership data for passenger operations; failure or safety 
incidents; service delays; and primary expected project outcomes such 
as increased ridership, increased trains, increased speed, reduced 
delays, improved rail network asset condition and performance, or 
similar outcomes and benefits. Applicants may also include qualitative 
data on accessibility improvements to either new or existing assets. To 
the extent feasible, such railroad metrics should be provided and 
analyzed discretely for Intercity Rail Passenger Transportation and, if 
applicable, Commuter Rail Passenger Transportation and freight rail 
transportation services involved in the proposed project. For operating 
speed outcomes, applicants should include details on curve 
modifications within the project scope, if any.
    Applicants must organize responses to the requested project 
outcomes data consistent with table 4. Define the project area used for 
the data in the narrative. Indicate, also, if the project area changes 
based on the data table. For example, ridership data may be tracked 
between passenger stations on either side of the project area, while 
delays may be tracked according to railroad interlockings on either 
side of the project area. Applicants are expected to provide the 
requested data to the maximum extent practicable. Appropriate rounding 
or best estimates are acceptable in instances where precise data is 
unavailable or to account for possible uncertainty. Where data is not 
available, applicants may provide a qualitative explanation of the 
anticipated impact of the project.

                                         Table 4--Project Outcomes \20\
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                          Ridership in the Project Area
----------------------------------------------------------------------------------------------------------------
                                                              Current
                                                             Projected
----------------------------------------------------------------------------------------------------------------
Total Annual Ridership
----------------------------------------------------------------------------------------------------------------
Annual Intercity Passenger Rail Ridership
----------------------------------------------------------------------------------------------------------------
Annual Commuter Passenger Rail Ridership........
----------------------------------------------------------------------------------------------------------------
                                        Train Counts in the Project Area
----------------------------------------------------------------------------------------------------------------
                                                              Current
                                                             Projected
----------------------------------------------------------------------------------------------------------------
Total Weekly Trains
----------------------------------------------------------------------------------------------------------------
Weekly Intercity Passenger Rail Trains
----------------------------------------------------------------------------------------------------------------
Weekly Commuter Rail Trains
----------------------------------------------------------------------------------------------------------------
Weekly Freight Trains
----------------------------------------------------------------------------------------------------------------
                                      Operating Speeds in the Project Area
----------------------------------------------------------------------------------------------------------------
                                                        Current,      Projected,        Current,      Projected,
                                                             IPR             IPR              CR              CR
----------------------------------------------------------------------------------------------------------------
Average Operating Speed (mph)
----------------------------------------------------------------------------------------------------------------
Highest Maximum Authorized Speed (mph)
----------------------------------------------------------------------------------------------------------------
Lowest Maximum Authorized Speed (mph)
----------------------------------------------------------------------------------------------------------------
Average Scheduled Travel Time (Time/Trip)
----------------------------------------------------------------------------------------------------------------
                                Infrastructure-Related Delay in the Project Area
----------------------------------------------------------------------------------------------------------------
                                                              Current
                                                             Projected
----------------------------------------------------------------------------------------------------------------
Annual Delay Minutes Attributed to
 Infrastructure
----------------------------------------------------------------------------------------------------------------
Annual Delay Incidents Attributed to
 Infrastructure
----------------------------------------------------------------------------------------------------------------
                                                 Asset Condition
----------------------------------------------------------------------------------------------------------------
Provide the percentage of the Total Project Cost
 that will support replacement, rehabilitation,
 or
 
 repair of existing assets (either in-kind or
 with improved assets) versus addition of new
 assets                                                   Existing Assets
                                                            New Assets
 that expand the capacity of the railroad
 network?                                                        %
                                                                 %
----------------------------------------------------------------------------------------------------------------
Provide a brief description (1-2 sentences) of
 the asset condition assessment used to
 determine the condition ratings reported below.
----------------------------------------------------------------------------------------------------------------


[[Page 42585]]


----------------------------------------------------------------------------------------------------------------
   For each of the following asset types,
        indicate whether replacement,                                                 Most recent    Most recent
 rehabilitation, or repair will occur under    Included                             rehabilitation    condition
 this project. If yes, provide the quantity       in       Quantity/    Original    year (for work     rating
 or mileage affected, as well as the age of    project?     mileage   installation  similar to the   (excellent,
the existing asset and when it was last in a   (Yes/No)                   year        applicant's    good, fair,
 State of Good Repair. Add rows where needed                                           proposed         poor)
       to provide appropriate detail.                                                   scope)
----------------------------------------------------------------------------------------------------------------
Track (miles)
----------------------------------------------------------------------------------------------------------------
Ballast (miles)
----------------------------------------------------------------------------------------------------------------
Concrete Ties
----------------------------------------------------------------------------------------------------------------
Wood Ties
----------------------------------------------------------------------------------------------------------------
Culverts
----------------------------------------------------------------------------------------------------------------
Catenary Poles
----------------------------------------------------------------------------------------------------------------
Catenary Wire
----------------------------------------------------------------------------------------------------------------
Substations
----------------------------------------------------------------------------------------------------------------
Central Instrument Houses
----------------------------------------------------------------------------------------------------------------
Signals
----------------------------------------------------------------------------------------------------------------
Switch Machines
----------------------------------------------------------------------------------------------------------------
Turnouts
----------------------------------------------------------------------------------------------------------------
Bridges (Provide Bridge Name/Location.)
----------------------------------------------------------------------------------------------------------------
Tunnels (Provide Tunnel Name/Location.)
----------------------------------------------------------------------------------------------------------------

    ix. Project Implementation and Management: Applicants must describe 
proposed project implementation and project management arrangements. 
Include descriptions of the expected arrangements for project 
contracting (Construction, maintenance, and operation), contract 
oversight and control, change-order management, risk management, and 
conformance to Federal requirements for project progress reporting (see 
FRA Reports, available at: https://www.fra.dot.gov/Page/P0274).
---------------------------------------------------------------------------

    \20\ In table 4, ``Current'' means ``prior completed fiscal 
year'' and ``Projected'' means ``first full year of operation 
following project completion.''
---------------------------------------------------------------------------

    For Track 3 (FD/Construction) applications:
    (A) Describe the scale of track outages and type of outages 
expected to implement the project. Types of outages could include 
overnight outage, daytime outage, extended outage (e.g., 55-hour 
weekend outage), continuous outage, foul time, and no outage. Include a 
description of how rail service will be affected and how Project 
Sponsors will coordinate with other users of the railroad to assess and 
mitigate existing service; and
    (B) Include a discussion on the types of force account needs and 
associated risk expected for the implementation of the project, as well 
as the systems or plans will be required to mitigate the risk. Force 
account types could include communications and signal, train and 
engine, electric traction, track, and bridges and buildings.
    Further, all applicants must provide their plan for taking 
affirmative steps to employ small businesses consistent with 2 CFR 
200.321. Describe experience in managing and overseeing similar 
projects; the technical qualifications and demonstrated experience of 
key personnel proposed to lead and perform the technical efforts; and 
the qualifications of the primary and supporting organizations to 
execute the proposed project fully and successfully within the proposed 
timeframe and budget, including a discussion of the factors in 2 CFR 
200.206(b) and the proposed approach to assessing and mitigating 
project risk.
B. Additional Application Elements
    Applicants must submit the following documents and forms. Note, the 
Standard OMB Forms needed for the electronic application process are 
available at: www.Grants.gov.
    i. A statement of work (SOW) addressing the scope, schedule, 
budget, and performance measures for the proposed project if it were 
selected for award. The applicant should include sufficient detail in 
the SOW so FRA can understand the expected outcomes of the proposed 
work to be performed and can monitor progress toward completing project 
tasks and deliverables during a prospective grant's period of 
performance. Applicants are expected to organize the SOW in the form of 
Articles 4-7 of Attachment 2: Project Specific Terms and Conditions of 
FRA's grant template. Applications that do not follow this format may 
be considered incomplete and may not be reviewed.\21\
---------------------------------------------------------------------------

    \21\ The FRA grant agreement consists of three parts: Attachment 
1: Standard Terms and Conditions, Attachment 2: Project-Specific 
Terms and Conditions, and Terms and Conditions Exhibits. The 
agreements are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------

    When preparing the budget, the total cost of a project must be 
based on the best available information as indicated in cited 
references that include engineering studies, economic feasibility 
studies, environmental analyses, and information on the expected use of 
equipment or facilities. Applicants must include annual budget 
estimates in year of expenditure dollars for the duration of the 
project.
    For Major Capital Projects applying under Track 3 (FD/
Construction), the applicant must attach (or link) the following 
supplemental material:
    A. Schedule in .pdf and either .mpp or .xer, reflecting:
    1. The activities needed to accomplish the project work along with 
the duration of each activity, including completion of prerequisite 
activities (such as design, NEPA, funding, right-of-way acquisition, 
agreements, permits/approvals) needed to begin delivery of

[[Page 42586]]

the project defined by the application and indicating the project 
critical path;
    2. Logical sequence of the activities and major milestones, 
including project phasing and seasonal and/or third-party restrictions 
on Construction periods;
    3. Relationships between the activities;
    4. Narrative description of schedule and basis and assumptions in 
the schedule; along with a summary of schedule risks;
    5. Project completion (month and year), including dates of 
substantial completion, final completion, and revenue service, along 
with the date when the Project Sponsor anticipates accepting the work; 
and
    6. Level of detail commensurate with project size.
    B. Cost estimate in .pdf and .xlsx formats, reflecting:
    1. All costs and value of resources needed or incurred for the 
Project Development, Final Design and Construction, including design 
costs, right-of-way/right-of-way procurement, environmental mitigation, 
public outreach, Construction, overall project management, appropriate 
contingency for unknowns, costs/resources paid to third parties for 
work related to the project such as utility relocations;
    2. Correlation with the preliminary project design to estimate 
specific quantities for each work element and unit costs used and 
alignment with the project scope and project schedule;
    3. A midpoint of Construction or annual escalation to year-of 
expenditure to account for cost escalation;
    4. Documentation of assumptions, methodologies, sources, and 
exclusions;
    5. Financing costs, itemized and shown separately; and
    6. Narrative description describing and explaining the logic, 
methods, assumptions, and calculations used in the estimate.
    C. Risk Register in .pdf and .xlsx formats, reflecting:
    1. An objective list of risks and explanation of each risk's 
potential impacts on the project, organized by risk category (e.g., 
market, design, right-of-way, utilities, permits, environmental, 
Construction, etc.);
    2. A scoring of each risk showing an objective judgement of 
relative severity of risk to project cost and to project schedule;
    3. Planned mitigations for each risk; and
    4. Number of identified risks, commensurate with project size.
    D. A Project Management Plan describing how the capital project 
will be implemented, monitored, and controlled to help the Project 
Sponsor effectively, efficiently, and safely deliver the project on-
time, within-budget, and at the highest appropriate quality. It should 
include:
    1. An organization chart showing key individuals (whether Sponsor 
or consultant team members) that will be responsible for key aspects of 
project delivery for the Project;
    2. Brief resume explaining background and experience of primary 
project delivery personnel (e.g., project manager, grant manager, 
design manager, agreements manager, third-party/utility manager, real 
estate manager, quality manager, safety manager, construction manager, 
risk manager, financial manager, and testing/start-up manager, as 
applicable); and
    3. A matrix of all agency permits and agreements needed for the 
project, noting the nature of the permit, agency/entity granting the 
permit, date permit anticipated to be issued, and date by which, if not 
issued, it will impact project critical path. Agreements may include 
those governing the construction, operation, and maintenance of the 
Project such as those with governing bodies and partnering agencies.
    ii. Environmental compliance documentation, as applicable, if a 
website link is not cited in the project narrative. Applicants should 
explain what Federal (and, if appropriate, State, Tribal, and local) 
environmental compliance and permitting requirements have been 
completed. Such requirements include NEPA and other Federal, Tribal, 
local, and State permitting requirements, if applicable. For all other 
Federal, Tribal, local, and State environmental permitting 
requirements, the applicant should describe which permits apply, the 
status of those reviews, and the expected timeline for completion. If 
the NEPA process is complete, an applicant should indicate the date of 
completion, and provide a website link or other reference to the 
documents demonstrating compliance with NEPA, which might include final 
Categorical Exclusion determination documentation, a Finding of No 
Significant Impact, or a Record of Decision. If the NEPA process is not 
yet underway, the application should state this. If the NEPA process is 
underway, but not complete, the application should detail the type of 
NEPA review underway, where the project is in the process, and indicate 
the anticipated date of completion of all NEPA and other environmental 
requirements. Additional information regarding FRA's environmental 
processes and requirements are located at https://fra.dot.gov/environment.
    iii. A matrix of all third-party agreements necessary for the 
applicant to have the financial, technical, and legal authority to 
complete the project for the originally authorized purpose, including 
utility company agreements, and agreements needed for construction of 
the project, and agreements allocating responsibility for ownership, 
operation, and maintenance of the project after completion. For each 
agreement, the matrix should note the nature of agreement, signing 
parties to agreement, date agreement anticipated to be executed, and 
date by which, if not executed, it will impact project critical path. 
FRA encourages applicants to enclose or link draft or finalized 
agreements in their application materials.
    FRA encourages early cooperation between applicants and any 
relevant infrastructure owners. Under 49 U.S.C. 22905(c)(1), a grant 
applicant must have a written agreement with a railroad that owns 
rights-of-way to be used by the project (referred to as the 22905 
Agreement) prior to grant obligation. If the agreement is complete, an 
applicant should indicate the agreement's effective date, and provide a 
website link or attach the agreement as part of the application. The 
written agreement between the grantee and the railroad should describe 
use and ownership, including any compensation for such use; assurances 
regarding the adequacy of infrastructure capacity to accommodate both 
existing and future freight and passenger operations; an assurance by 
the railroad that collective bargaining agreements with the railroad's 
employees, including terms regulating the contracting of work, will 
remain in full force and effect according to their terms for work 
performed by the railroad on the railroad transportation corridor; and 
an assurance that the grantee complies with liability requirements 
consistent with 49 U.S.C. 28103. For additional guidance, see the FRA 
Answers to Frequently Asked Questions about Rail Improvement Grant 
Conditions under 49 U.S.C. 22905(c)(1): https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
    iv. SF 424--Application for Federal Assistance.
    v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
    vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances 
for Construction.

[[Page 42587]]

    vii. FRA F30--Certification Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
    viii. FRA F251--Applicant Financial Capability Questionnaire, 
located at https://railroads.dot.gov/elibrary/fra-f-251.
    ix. SF LLL--Disclosure of Lobbying Activities.
C. Post-Selection Requirements
    See Section F(2) of this notice for post-selection requirements.

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

    To apply for funding through Grants.gov, applicants must be 
properly registered in SAM before submitting an application, provide a 
valid unique entity identifier in its application, and continue to 
maintain an active SAM registration all as described in detail below. 
Complete instructions on how to register and submit an application can 
be found at www.Grants.gov. Registering with Grants.gov is a one-time 
process; however, it can take up to several weeks for first-time 
registrants to receive confirmation and a user password. FRA recommends 
that applicants start the registration process as early as possible to 
prevent delays that may preclude submitting an application package by 
the application deadline. Applications will not be accepted after the 
due date.
    FRA may not make a grant award to an applicant until the applicant 
has complied with all applicable SAM requirements, and if an applicant 
has not fully complied with the requirements by the time the Federal 
awarding agency is ready to make a Federal award, the Federal awarding 
agency may determine that the applicant is not qualified to receive a 
Federal award and use that determination as a basis for making a 
Federal award to another applicant. Late applications, including those 
that are the result of a failure to register or comply with Grants.gov 
applicant requirements in a timely manner, will not be considered. If 
an applicant has not fully complied with the requirements by the 
submission deadline, the application will not be considered. To submit 
an application through Grants.gov, applicants must follow the 
directions in Section D(3)(c).
a. Register With the SAM at www.SAM.gov
    All applicants for Federal financial assistance must maintain 
current registrations in the SAM database. An applicant must be 
registered in SAM to successfully register in Grants.gov. The SAM 
database is the repository for standard information about Federal 
financial assistance applicants, grantees, and subrecipients. 
Organizations that have previously submitted applications via 
Grants.gov are already registered with SAM, as it is a requirement for 
Grants.gov registration. Please note, however, that applicants must 
update or renew their SAM registration at least once per year to 
maintain an active status. Therefore, it is critical to check 
registration status well in advance of the application deadline. If an 
applicant is selected for an award, the applicant must maintain an 
active SAM registration with current information throughout the period 
of the award, including information on a grantee's immediate and 
highest-level owner and subsidiaries, as well as on all predecessors 
that have been awarded a Federal contract or grant within the last 
three years, if applicable. Information about SAM registration 
procedures is available at www.SAM.gov.
b. Obtain a Unique Entity Identifier
    On April 4, 2022, the Federal Government discontinued using DUNS 
numbers. The DUNS Number was replaced by a new, non-proprietary 
identifier that is provided by the System for Award Management 
(SAM.gov). This new identifier is called the Unique Entity Identifier 
(UEI), or the Entity ID. To find or request a Unique Entity Identifier, 
please visit www.SAM.gov.
c. Create a Grants.gov Username and Password
    Applicants must complete an Authorized Organization Representative 
(AOR) profile on www.Grants.gov and create a username and password. 
Applicants must use the organization's UEI to complete this step. 
Additional information about the registration process is available at: 
https://www.grants.gov/applicants/applicant-registration.
d. Acquire Authorization for Your AOR From the E-Business Point of 
Contact
    The E-Biz POC at the applicant's organization must respond to the 
registration email from Grants.gov and login at www.Grants.gov to 
authorize the applicant as the AOR. Please note there can be more than 
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This 
NOFO
    If an applicant has trouble at any point during this process, 
please call the Grants.gov Customer Center Hotline at 1-800-518-4726, 
24 hours a day, 7 days a week (closed on Federal holidays). For 
information and instructions on each of these processes, please see 
instructions at: https://www.grants.gov/support.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 11:59 p.m. Eastern Time, July 15, 2024. Applicants will 
receive a system-generated acknowledgement of receipt. FRA reviews 
Grants.gov information on dates/times of applications submitted to 
determine timeliness of submissions. Late applications will be neither 
reviewed nor considered, no exceptions. To apply for funding under this 
announcement, all applicants are required to be registered as an 
organization with Grants.gov. Applicants are strongly encouraged to 
apply early to ensure all materials are received before this deadline.
    To ensure a fair competition of limited discretionary funds, no 
late submissions will be reviewed for any reason, including: (1) 
failure to complete the Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; and (4) technical issues experienced 
with the applicant's computer or information technology environment.

5. Intergovernmental Review

    Intergovernmental Review is required for this program. Applicants 
must contact their State Single Point of Contact to comply with their 
State's process under Executive Order 12372.

6. Funding Restrictions

    Consistent with 2 CFR 200.458, as applicable, FRA will only approve 
pre-award costs if such costs are incurred pursuant to the negotiation 
and in anticipation of the grant agreement and if such costs are 
necessary for efficient and timely performance of the scope of 
work.\22\ Under 2 CFR 200.458, grant recipients must seek written 
approval from FRA for pre-award activities to be

[[Page 42588]]

eligible for reimbursement under the grant. Activities initiated prior 
to the execution of a grant or without FRA's written approval may be 
ineligible for reimbursement or matching contribution. Cost sharing or 
matching may be used only for authorized Federal award purposes.
---------------------------------------------------------------------------

    \22\ For more information on pre-award costs under this program, 
see FRA Answers to Frequently Asked Questions about Pre-Award 
Authority, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2023-03/2023-03-06%20FSP%20NEC%20Pre-Award%20FAQ_PDFa.pdf.
---------------------------------------------------------------------------

    FRA may consider interest and other financing costs of efficiently 
carrying out a part of the project within a reasonable time as eligible 
if the applicant demonstrates reasonable diligence in seeking the most 
favorable financing terms and provides a certification to that effect 
as required in 49 U.S.C. 24911(g)(2)(C)(iii). Interest and financing 
costs must meet the requirements specified in 2 CFR part 200, including 
section 2 CFR 200.449 to be considered eligible.
    Applicants should be aware that, for a partially funded project, 
depending upon applicable Federal law and the relationship among FSP-
funded and non-FSP funded project portions, the FSP award may cause 
non-FSP funded portions to be subject to Federal requirements as 
described in Section F(2). For example, the NEPA review for the FSP-
funded project component may need to include evaluation of all project 
components as connected, similar, or cumulative actions.

7. Other Submission Requirements

    Please use generally accepted formats such as .pdf, .doc, .docx, 
.xls, .xlsx, and .ppt when uploading attachments. While applicants may 
embed picture files such as .jpg, .gif, and .bmp in document files, 
applicants should not submit attachments in these formats. 
Additionally, the following formats will not be accepted: .com, .bat, 
.exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, .sys, and 
.zip.

E. Application Review Information

1. Criteria

A. Completeness and Eligibility Criteria
    FRA will first screen each application for applicant and project 
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), and non-Federal 
match requirements (outlined in Section C(2) of this notice).
    For projects that have a shared benefit to intercity and commuter 
rail services, FRA will determine whether Amtrak and the public 
authorities providing Commuter Rail Passenger Transportation at the 
eligible project location are in compliance with 49 U.S.C. 24905(c)(2) 
and have identified funding for the intercity passenger rail share, the 
commuter rail share, and the local share of the eligible project before 
the commencement of the project. Applicants must identify these shares 
for the Lifecycle Stage(s) for which they are seeking funding (for 
example, an application seeking funding for Project Development must 
identify funding shares only for the Project Development Lifecycle 
Stage and not for the FD and Construction stages of the same project).
    Then, FRA will determine whether the proposed project in each 
eligible and complete application is consistent with the 2024 Inventory 
and, if not, whether there has been a material change to infrastructure 
or service conditions, changes in Project Sponsor capabilities or 
commitments, or other significant changes since publication of the 2024 
Inventory, consistent with 49 U.S.C. 24911(d)(1)(A). FRA will review 
whether the Project Sponsor, Funding Need, Lifecycle Stage and 
Schedule, and Scope as provided in the submitted application are 
consistent with the 2024 Inventory. Project Sponsors must explain 
changes or inconsistencies between the 2024 Inventory and their 
submitted application to ensure compliance. For this criterion, FRA 
will use the rubric rating defined below in evaluating the degree to 
which applications are responsive to the criteria.

                         Eligibility Criteria Rating--NEC Project Inventory Consistency
    [For the Inventory consistency criteria described in Section E(1)(A), FRA will evaluate the application's
       responsiveness to the criteria and the merit of the response, including an assessment of supporting
                          justifications, and assign an Inventory consistency rating.]
----------------------------------------------------------------------------------------------------------------
            Inconsistent                      Minimally consistent                    Highly consistent
----------------------------------------------------------------------------------------------------------------
Project does not appear on the most   Project appears on the most recently  Project appears on the most recently
 recently published NEC Project        published NEC Project Inventory.      published NEC Project Inventory.
 Inventory.                            One or more of the Project Sponsor,   The Project Sponsor, Funding Need,
                                       Funding Need, Lifecycle Stage,        Lifecycle Stage, Schedule, and
                                       Schedule, or Scope is inconsistent    Scope are consistent with the
                                       with the Inventory, and there is      Inventory or are inconsistent, but
                                       limited or no information to          sufficient and reasonable
                                       justify or explain the change.        information to justify or explain
                                                                             the change has been provided.
----------------------------------------------------------------------------------------------------------------

    Applications that are determined to be incomplete, that describe an 
ineligible applicant or project, that describe an insufficient non-
Federal share, or receive a rating of ``Inconsistent'' on the above 
rubric are ineligible and will not proceed to the Evaluation Review 
Phase.
B. Merit Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria outlined in this section to determine project 
readiness, technical merit, and project outcomes.
i. Project Readiness
    In evaluating project readiness, FRA will evaluate project risk 
based on the applicant's preparedness and capacity to implement the 
proposed project, including whether the applicant is reasonably 
equipped to begin the capital or planning project in a timely manner to 
meet its proposed schedule. FRA will evaluate whether the applicant is 
able to meet project milestones and use Federal funds efficiently to 
deliver the proposed project.\23\
---------------------------------------------------------------------------

    \23\ Additional information on DOT's Project Readiness checklist 
can be found here: https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants.
---------------------------------------------------------------------------

    FRA will evaluate the application for the degree to which--
    a. The application demonstrates environmental readiness, evidenced 
by the status of required NEPA actions and environmental permitting 
readiness (if applicable);
    b. The application demonstrates that the project has completed or 
will complete any preceding Lifecycle Stage(s) and the project is able 
to complete all requirements of the proposed Lifecycle Stage(s) with 
the requested funding;
    c. Project partner coordination and commitments are secured or able 
to be secured without undue delay;
    d. The status and timeline of agreements, including the agreement 
required under 49 U.S.C. 22905(c)(1), Cost Share Agreements, and other 
agreements necessary for the legal, financial, and technical capacity 
to complete the project, are sufficiently

[[Page 42589]]

developed for the proposed project Lifecycle Stage;
    e. The applicant demonstrates financial readiness, including 
commitment of funds for proposed non-Federal matching sources in the 
form of cost sharing agreements or signed financial commitment letters.
    f. The application demonstrates an understanding of the risk, if 
any, related to force account, the force account impact on project 
implementation, and the coordination and planning required to mitigate 
those risks; and
    g. The application demonstrates an understanding of track outages 
needed to complete the proposed Lifecycle Stage(s), if any, and that 
related systems to manage track outage needs are sufficiently advanced.
ii. Technical Merit
    In evaluating technical merit, FRA will evaluate the degree to 
which the application, statement of work, schedule, and budget are 
reasonable and appropriate to achieve the expected outcomes, commit the 
necessary resources and workforce to deliver the project, and the 
proposed project elements that are appropriate for the project funding 
request. FRA will also consider applicant risk, including the 
applicant's past performance in developing and delivering similar 
projects. FRA will evaluate application information for the degree to 
which--
    a. The tasks and subtasks outlined in the SOW are appropriate to 
achieve the expected outcomes of the proposed project;
    b. The technical qualifications and experience of key personnel the 
applicant proposes to lead and perform the technical efforts, including 
the qualifications of the primary and supporting organizations, 
demonstrates the ability to execute the proposed project fully and 
successfully within the proposed time frame and budget. Discussion of 
applicant qualifications should include experience in managing similar 
projects and specifically address the considerations in 2 CFR 
200.206(b); and
    c. The applicant has, or will have the legal, financial, and 
technical capacity to carry out the proposed project, to retain 
satisfactory continuing access over the use of the equipment or 
facilities, and the capability and willingness to maintain the 
equipment or facilities.
iii. Project Outcomes
    The NEC is the busiest passenger railroad in the United States. As 
such, projects located on the NEC and included in the NEC Project 
Inventory provide a wide range of project outcomes that benefit 
intercity passenger rail service. Within this context, in evaluating 
project outcomes under this notice, FRA will focus on the extent to 
which the project will reasonably:
    a. Bring assets into a State of Good Repair and reduce the NEC's 
State of Good Repair backlog;
    b. Improve intercity passenger rail service performance by 
increasing operating speeds in the project area; and
    c. Improve intercity passenger rail service performance by reducing 
infrastructure-related delays in the project area.
    Comprehensive and accurate submission of the requested project 
outcome data (in the form provided in table 4 of section D(2)(a)) will 
afford FRA the best opportunity to evaluate a proposed project's 
projected outcomes, and such responses will be foundational to FRA's 
assessment of project outcomes.
    While FRA has identified these three outcomes as priorities for 
this NOFO, Project Sponsors are encouraged to identify any further 
outcomes and benefits of their proposed projects. Project Sponsors are 
especially encouraged to identify any benefits and outcomes that align 
with the Administration priorities described under Selection Criteria, 
below.
    For each of the merit criteria, FRA will use the rubric ratings 
defined below in evaluating the degree to which applications are 
responsive to the criteria.

                Merit Criteria Ratings--Project Readiness
[For the project readiness criteria described in Section E(1)(B)(i), FRA
 will evaluate the application's responsiveness to the criteria and the
      merit of the response, including an assessment of supporting
 justifications, and assign a cumulative project readiness risk rating.]
------------------------------------------------------------------------
   Unacceptable        High risk         Medium risk        Low risk
------------------------------------------------------------------------
Application        Application        Application       Application
 provides limited   provides           provides          provides
 or no              insufficient       sufficient        thorough and
 information        information to     information to    complete
 necessary to       assess the         assess the        information and
 assess the         project against    project against   evidence to
 project against    the project        the readiness     assess the
 the project        readiness          criteria;         project against
 readiness          criteria;          application       the project
 criteria;          application does   demonstrates      readiness
 application does   not demonstrate    support,          criteria
 not demonstrate    sufficient         progress, or      demonstrates
 support,           support,           completion of     strong support,
 progress, or       progress, or       one or more       progress, or
 completion of      completion of      required          completion of
 required           required           Lifecycle Stage   required
 Lifecycle Stage    Lifecycle Stage    prerequisites     Lifecycle Stage
 prerequisites;     prerequisites      but indicates     prerequisites,
 or application     and indicates      some risk to      indicates
 indicates one or   risk to            advancing the     minimal risk to
 more significant   advancing the      project in a      advancing the
 barriers that      project without    timely manner;    project in a
 would prevent      foreseeable        and the           timely manner,
 project            delays; or         application       and application
 delivery.          application        does not          does not
                    indicates a        indicate a        indicate a
                    barrier that       barrier that      barrier that
                    would likely       would likely      would likely
                    prevent project    prevent project   prevent project
                    delivery.          delivery.         delivery.
------------------------------------------------------------------------


                 Merit Criteria Ratings--Technical Merit
 For the technical merit criteria described in Section E(1)(B)(ii), FRA
 will evaluate the application's responsiveness to the criteria and the
      merit of the response, including an assessment of supporting
    justifications, and assign a cumulative technical merit rating.]
------------------------------------------------------------------------
                                                             Highly
   Unacceptable        Acceptable        Responsive        responsive
------------------------------------------------------------------------
Application        Application        Application       Application
 provides limited   contains           provides          provides
 or no              insufficient       sufficient        thorough and
 information        information to     information and   complete
 necessary to       assess the         evidence to       information and
 assess the         project against    assess the        evidence to
 project against    one or more of     project against   assess the
 the technical      the technical      the technical     project against
 merit criteria,    merit criteria,    merit criteria    the technical
 or application     or application     and               merit criteria
 demonstrates one   demonstrates       demonstrates      and
 or more            technical          that the          sufficiently
 significant        challenges that    applicant can     demonstrates
 technical          could affect       deliver the       that the
 challenges that    project delivery   project with      project can be
 would prevent      but not prevent    minimal           successfully
 the applicant      the applicant      technical         delivered by
 from delivering    from delivering    challenges.       the applicant.
 the project.       the project.
------------------------------------------------------------------------


[[Page 42590]]


                Merit Criteria Ratings--Project Outcomes
  [For the project outcomes criteria described in section E(1)(B)(iii),
 FRA will evaluate the application's responsiveness to the criteria and
    the merit of the response, including an assessment of supporting
    justifications, and assign a cumulative Project Outcomes rating.]
------------------------------------------------------------------------
                                                             Highly
   Unacceptable        Acceptable        Responsive        responsive
------------------------------------------------------------------------
Application        Application        Application       Application
 provides limited   contains           provides          provides
 or no              insufficient       sufficient        thorough and
 information        information to     information to    complete
 necessary to       assess the         assess the        information and
 assess the         project against    project against   evidence to
 project against    the project        the project       assess the
 the project        outcomes           outcomes          project against
 outcomes           criteria or does   criteria and      the project
 criteria or        not demonstrate    adequately        outcomes
 demonstrates       that the project   demonstrates      criteria and
 that the project   will achieve all   that the          sufficiently
 will not result    of its intended    project will      demonstrates
 in State of Good   State of Good      likely achieve    that the
 Repair, higher     Repair, higher     State of Good     project will
 operating speed,   operating speed,   Repair, higher    achieve one or
 or                 or                 operating         more
 infrastructure     infrastructure     speed, or         significant
 delay reduction    delay reduction    infrastructure    State of Good
 outcomes.          outcomes.          delay reduction   Repair, higher
                                       outcomes.         operating
                                                         speed, or
                                                         infrastructure
                                                         delay reduction
                                                         outcomes.
------------------------------------------------------------------------

C. Selection Criteria
    After completing the evaluation criteria review, FRA will apply the 
selection preferences described in Section E(1)(C)(i), consider the 
Administration priorities described in Section E(1)(C)(ii), and compare 
the applicant's proposed Federal share to the Funding Considerations 
described in Section E(1)(C)(iii).
i. Program Preferences
    FRA will apply program preferences in the order of priority listed 
below:
    a. Major Backlog Projects; then
    b. Capital Renewal, Improvement, and Station projects that are:
    i. In or entering the Construction Lifecycle Stage; then
    ii. In or entering the Final Design Lifecycle Stage; then
    iii. In or entering the Planning or Project Development Lifecycle 
Stages; and
    c. Within each of the Lifecycle Stages above, Capital Renewal, 
Improvement, and Station projects that exhibit one or more of the 
following features:
    i. Reduction in the NEC's State of Good Repair backlog;
    ii. Demonstration of likelihood of significant Intercity Passenger 
Rail outcomes; and
    iii. Require a Federal share of less than 80 percent of the Total 
Project Cost; then
    d. Planning Studies.\24\
---------------------------------------------------------------------------

    \24\ While these program preferences align with the 2024 
Inventory, applications received by FRA through this NOFO may result 
in a selection of projects that differs from the sequence that 
appears on the 2024 Inventory.
---------------------------------------------------------------------------

ii. Administration Priorities
    FRA will consider the extent to which projects achieve and are 
responsive to the following key Administration priorities:
    Safety: FRA will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with the Department's strategic goal to reduce transportation-related 
fatalities and serious injuries across the transportation system. Such 
considerations will include, but are not limited to, the extent to 
which the project improves and upgrades infrastructure to achieve a 
higher level of safety, provides substantial safety benefits compared 
to existing conditions and uses an appropriately trained workforce. 
Overall, FRA expects that projects will provide positive safety 
benefits for all users and not negatively impact safety for all users.
    Climate Change and Sustainability: FRA will assess the project's 
ability to reduce the harmful effects of climate change and anticipate 
necessary improvements to prepare for extreme weather events. Such 
considerations may include, but are not limited to, the extent to which 
the project reduces emissions, promotes energy efficiency, increases 
resiliency, incorporates evidence-based climate resilience measures or 
features, and avoids adverse environmental impacts to air or water 
quality, wetlands, and endangered species. Projects that lead to a 
significant reduction of emissions resulting from rehabilitating, 
remanufacturing, procuring, and overhauling a locomotive meet the 
objective of this priority.
    Applicants are encouraged to use the DOT Navigator Climate 
checklist (https://www.transportation.gov/grants/dot-navigator/checklist-strong-climate-change-mitigation-adaptation-and-resilience-grant) in responding to this criterion. Applications that are rated 
highly on this criterion will be those that use data-driven and 
evidence-based methods to demonstrate that the project will:
     Significantly reduce greenhouse gas (GHG) emissions in the 
transportation sector; and
     Incorporate evidence-based climate resilience measures or 
features, including those that advance objectives in the National 
Climate Resilience Framework (https://www.whitehouse.gov/wp-content/uploads/2023/09/National-Climate-Resilience-Framework-FINAL.pdf).
    Equity and Justice40: FRA will assess elements including how the 
project will create positive outcomes that will reduce, mitigate, or 
reverse how a community is experiencing disadvantages through 
increasing affordable transportation options, improving health or 
safety, reducing pollution, connecting Americans to good-paying jobs, 
fighting climate change, and/or improving access to nature, resources, 
transportation or mobility, and quality of life. FRA will consider the 
benefits and potential burdens a project may create, who would 
experience them and how the benefits and potential burdens will impact 
disadvantaged communities.
    Applicants should use the Climate and Economic Justice Screening 
Tool (CEJST) as the primary tool to identify disadvantaged communities 
(Justice40 communities).\25\ Applicants are strongly encouraged to use 
the USDOT Equitable Transportation Community (ETC) Explorer to 
understand how their community or project area is experiencing 
disadvantage related to lack of transportation investments or 
opportunities. Through understanding how a community or project area is 
experiencing transportation-related disadvantage, applicants are able 
to address how the benefits of a project will reverse or mitigate the 
burdens of disadvantage and demonstrate how the

[[Page 42591]]

project will address challenges and accrue benefits.
---------------------------------------------------------------------------

    \25\ Established by Executive Order 14008 on Tackling the 
Climate Crisis at Home and Abroad, the Justice40 Initiative sets a 
goal that 40% of the overall benefits of certain Federal investments 
in climate, clean energy, and other areas flow to disadvantaged 
communities that are marginalized by underinvestment and 
overburdened by pollution. Pursuant to M-21-28 and M-23-09, issued 
by the White House Office of Management and Budget, White House 
Council on Environmental Quality, and White House Office of Domestic 
Climate Policy, USDOT recognizes disadvantaged communities as the 
census tracts that are identified as disadvantaged by the CEJST, as 
well as all Federally Recognized Tribes and Tribal entities.
---------------------------------------------------------------------------

    Applicants are strongly encouraged to use the FRA's Justice40 Rail 
Explorer Tool, (https://usdot.maps.arcgis.com/apps/webappviewer/index.html?id=fd9810f673b64d228ae072bead46f703) to identify the rail 
infrastructure in their project and features of the surrounding 
community as the basis of their assessment. The FRA Justice40 Rail 
Explorer Tool is a rail-specific complement to the USDOT ETC Explorer 
and leverages the same methodology and metrics. The FRA Justice40 Rail 
Explorer Tool provides GIS information on existing rail infrastructure, 
communities, and pollution levels based on the proposed project's 
location, and applicants can thus use this tool to note how their 
project location scores across several different measures. 
Transportation disadvantaged communities experience burden, as a result 
of underinvestment in transportation, in the following five components: 
Transportation Insecurity, Climate and Disaster Risk Burden, 
Environmental Burden, Health Vulnerability, and Social Vulnerability.
    Workforce Development, Job Quality, and Wealth Creation: FRA will 
assess how the project will create good-paying, safe jobs with free and 
fair choice to join a union including through the use of a project 
labor agreement, promote investments in high-quality workforce 
development programs, adopt local and economic hiring preferences for 
the project workforce, and promote local inclusive economic and 
entrepreneurship programs.
    For Administration priorities, FRA will consider the application's 
responsiveness to the criteria, and will provide a rating of ``Non-
responsive, ``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as 
described in the rubric below. Applicants should provide a response for 
each Administrative Priority addressed by their proposed project. 
Applicants do not need to respond to an Administration Priority if it 
is not applicable to their proposed project.

                        Administration Priorities
    [For the Administration priorities Criteria described in Section
 E(1)(C)(ii), FRA will consider the application's responsiveness to the
    criteria, including an assessment of supporting justifications.]
------------------------------------------------------------------------
                                                             Highly
  Non-responsive       Acceptable        Responsive        responsive
------------------------------------------------------------------------
Application        Application        Application       Application
 contains           contains limited   contains          contains
 insufficient       information that   sufficient        thorough and
 information to     is supported by    information,      complete
 assess the         some evidence,     that is           information,
 project against    but primarily      adequately        that is
 any of the         described          supported by      strongly
 Administration     qualitatively,     both              supported by
 Priorities, or     that the project   quantitative      both
 project is         is consistent      and qualitative   quantitative
 inconsistent       with at least      evidence, that    and qualitative
 with one or more   one of the         the project has   evidence, that
 of the             Administration     clear and         the project has
 Administration     priorities.        direct benefits   clear, direct,
 priorities.                           in at least one   and significant
                                       of the            benefits in one
                                       Administration    or more of the
                                       priority areas.   Administration
                                                         priority areas
                                                         and is not
                                                         inconsistent
                                                         with any of the
                                                         Administration
                                                         priorities.
------------------------------------------------------------------------

iii. Funding Considerations
    In determining FSP Program funding allocations, FRA will fund Major 
Backlog Projects at up to 80 percent of the Funding Need. FRA will 
generally fund Capital Renewal, Improvement, and Station projects 
applying under this notice between 50 and 80 percent of the Funding 
Need. For Capital Renewal, Improvement and Station projects, FRA will 
consider a higher Federal share, within this range, to the extent such 
projects:
    (A) Bring assets supporting Intercity Passenger Rail service into a 
State of Good Repair; and
    (B) Demonstrate likelihood of significant Intercity Passenger Rail 
outcomes.
    FRA encourages applicants to incorporate these funding 
considerations in preparing their applications and developing their 
proposed FSP funding requests and non-Federal share amounts.
    Upon completion of all reviews, FRA will finalize an Overall Rating 
for each application. This rating will be a combination of the results 
of the Inventory consistency review, the three merit criteria reviews, 
specifically, project readiness, technical merit, and project outcomes 
criteria ratings as described in Sections E(1)(B)(i)-E(1)(B)(iii), and 
the Administration priorities as described in Section E(1)(C)(ii). 
Provided in the Overall Rating rubric below, each rating has defined 
parameters to which each application will be assessed.

                             Overall Rating
------------------------------------------------------------------------
                                                             Highly
 Not recommended       Acceptable        Recommended       recommended
------------------------------------------------------------------------
Application        Application        Application       Application
 received an        received an        received an       received an
 overall score of   overall score of   overall score     overall score
 unacceptable       acceptable based   of recommended    of highly
 based on           on Inventory       based on          recommended
 Inventory          consistency,       Inventory         based on
 consistency,       project            consistency,      Inventory
 project            readiness,         project           consistency,
 readiness,         technical merit,   readiness,        project
 technical merit,   and project        technical         readiness,
 and project        outcomes ratings   merit, and        technical
 outcomes ratings   and                project           merit, and
 and                consideration of   outcomes          project
 consideration of   Administration     ratings and has   outcomes
 Administration     priorities.        clear and         ratings and has
 priorities.                           direct benefits   clear, direct,
                                       in one of the     and significant
                                       Administration    benefits in one
                                       priorities.       or more of the
                                                         Administration
                                                         priorities.
------------------------------------------------------------------------

    The evaluation process may draw upon subject matter experts within 
FRA whose expertise is relevant to understanding the application's 
responsiveness to the program criteria, such as assessing the 
applicant's capacity to successfully deliver the project in compliance 
with applicable Federal requirements based on factors including, but 
not limited to, the recipient's experience working with Federal 
agencies, previous experience with DOT discretionary grant awards and/
or the technical experience and resources dedicated to the project.
    Finally, in determining the allocation of program funds, FRA may 
also consider geographic diversity, diversity in the size of the 
systems receiving

[[Page 42592]]

funding, and the applicant's receipt of other competitive awards.

2. Review and Selection Process

    FRA will conduct a five-part application review process, as 
follows:
    i. Intake and Eligibility Phase: Screen applications for applicant 
and project eligibility, completeness, and the minimum non-Federal 
share; evaluate eligible and complete applications against the 
eligibility criteria (Inventory consistency; phase completed by the 
Evaluation Management and Oversight Team (EMOT), comprised of FRA 
program review directors who manage the pre-award process).
    ii. Evaluation Review Phase: Evaluate applications successfully 
passing through Intake and Eligibility Reviews against the merit 
criteria (project readiness, technical merit, and project outcomes) 
specified in this notice and the applicant's ability (based on past 
performance) to develop and deliver similar projects, as well as 
alignment with the Administration priorities. This phase is completed 
by technical merit, environmental risk, and NEC impact review panels 
consisting of FRA and other DOT staff. The EMOT will compile the 
results of the Evaluation Review Phase consistent with the FSP Program 
selection preferences. After considering all FRA reviews under the 
criteria, applications will be assigned an overall rating of ``Highly 
Recommended,'' ``Recommended,'' ``Acceptable,'' or ``Not Recommended.''
    iii. Steering Committee Phase: The Steering Committee is comprised 
of Senior Directors with the Office of Railroad Development and may 
also include senior leadership from the Railroad Office of Safety and 
other relevant departments. The EMOT briefs the Steering Committee on 
all rated applications, consistent with the prioritization reflected on 
the NEC Project Inventory, and the Steering Committee may request more 
information from FRA offices whose expertise may be relevant. The 
Steering Committee provides strategic direction, in line with program 
goals outlined in this NOFO, on the development of funding scenario 
materials, including LOI and PFA recommendations for Highly Rated 
projects, and approach for the Senior Review Team (SRT) briefing.
    iv. Senior Review Phase: The SRT will review, apply selection 
criteria, and recommend initial selection of projects and LOI/PFAs for 
the FRA Administrator's review. The SRT may include senior leadership 
from the Office of the Secretary and FRA.
    v. Selection and Award Phase: The FRA Administrator selects awards 
for the Secretary's or his designee's review and approval and announces 
selections.

3. Reporting Matters Related to Integrity and Performance

    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold of $250,000 (see 2 
CFR 200.88 Simplified Acquisition Threshold), FRA will review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
See 41 U.S.C. 2313.
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a Federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information, in making a judgment about the applicant's 
integrity, business ethics, and record of performance under Federal 
awards when completing the review of risk posed by applicants as 
described in 2 CFR 200.205.

F. Federal Award Administration Information

1. Federal Award Notice

    FRA will announce applications selected for funding in a press 
release and on FRA's website after the application review period. This 
announcement is FRA's notification to successful and unsuccessful 
applicants alike. Following this announcement, FRA will contact the 
point of contact listed in the SF 424 to initiate negotiation of a 
project-specific agreement. This notification is not an authorization 
to begin proposed project activities. FRA requires satisfaction of 
applicable requirements by the applicant and a formal agreement signed 
by both the grantee and the FRA, including an approved scope, schedule, 
and budget, before obligating the grant.

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, grantees of funds must 
comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; the 
conditions of performance, nondiscrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of DOT; and applicable Federal financial assistance and 
contracting principles promulgated by the Office of Management and 
Budget. In complying with these requirements, grantees, in particular, 
must ensure that no concession agreements are denied, or other 
contracting decisions made on the basis of speech or other activities 
protected by the First Amendment. If DOT determines that a grantee has 
failed to comply with applicable Federal requirements, DOT may 
terminate the award of funds and disallow previously incurred costs, 
requiring the grantee to reimburse any expended award funds.
    Examples of administrative and national policy requirements 
include: procurement standards at 2 CFR part 200 subpart D, 2 CFR 
1201.317, and 2 CFR 200.401; compliance with Federal civil rights laws 
and regulations; disadvantaged business enterprises requirements; 
debarment and suspension requirements; drug-free workplace 
requirements; FRA's and OMB's Assurances and Certifications; ADA 
requirements; safety requirements; NEPA, including consideration of 
environmental justice requirements; and compliance with 49 U.S.C. 24905 
for the duration of NEC Projects. 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 (see 
Section D(2)(a)).\26\
---------------------------------------------------------------------------

    \26\ More information on labor protections can be found here: 
https://railroads.dot.gov/elibrary/equivalent-labor-protections.
---------------------------------------------------------------------------

    Projects must sufficiently consider climate change and 
environmental justice in their planning, as determined by FRA and 
consistent with core policy goals of assessing these potential impacts. 
For example, see Executive

[[Page 42593]]

Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 
7619) and Executive Order 14096, Revitalizing Our Nation's Commitment 
to Environmental Justice for All (88 FR 25251). 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 environmental justice. Activities that address 
climate change include, but are not limited to, demonstrating the 
project will result in significant GHG emissions reductions; the 
project supports GHG emissions reductions goals in a Local/Regional/
State plan; the project improves disaster preparedness and resilience; 
the project incorporates resilience in its design; and the project 
primarily focuses on funding for State of Good Repair and clean 
transportation options, including public transportation, walking, 
biking, and micro-mobility. Activities that address environmental 
justice may include, but are not limited to: basing project design on 
consideration of community impacts; information gained from screening 
tools such as CEJST, EPA's EJ Screen, or another appropriate 
environmental and community impact tool developed by a State agency; 
conducting enhanced, targeted outreach to potentially affected 
communities, including disadvantaged communities; considering 
environmental justice in alternatives analysis and final project 
design; and supporting a modal shift in freight or passenger movement 
to reduce GHG emissions or reduce induced travel demand.
    Projects must consider and address equity and barriers to 
opportunity in their planning, as determined by FRA and 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 it has taken or will take prior to obligation of 
Construction funds that addresses equity and barriers to opportunity. 
These activities may include, but are not limited to: completing an 
equity impact analysis for the project; completing a community needs 
assessment; adopting an equity and inclusion program/plan; conducting 
meaningful public engagement to ensure underserved communities are 
provided an opportunity to be involved in the planning process; 
including investments that either redress past barriers to opportunity 
or that proactively create new connections and opportunities for 
underserved communities; hiring from local communities; improving 
access to or providing economic growth and wealth building 
opportunities for underserved, overburdened, or rural communities; or 
addressing historic or current inequitable air pollution or other 
environmental, health, or economic burdens and impacts.
    To the extent that applicants have not sufficiently considered job 
quality and labor rights in their planning, as determined by the 
Department of Labor, consistent with Executive Order 14025, Worker 
Organizing and Empowerment (86 FR 22829), and Executive Order 14052, 
Implementation of the Infrastructure Investment and Jobs Act (86 FR 
64335). Specifically, the Project Planning activities and project 
delivery actions must support: (a) strong labor standards and the free 
and fair choice to join a union, including project labor agreements, 
local hire agreements, distribution of workplace rights notices, and 
use of an appropriately trained workforce; (b) support of high-quality 
workforce development programs, including registered apprenticeship, 
labor-management training programs, and supportive services to help 
train, place, and retain people in good-paying jobs and 
apprenticeships; and (c) comprehensive planning and policies to promote 
hiring and inclusion for all groups of workers, including through the 
use of local and economic hiring preferences, linkage agreements with 
workforce programs that serve underrepresented groups, and proactive 
plans to prevent harassment. (See Article 11 of FRA's Attachment 2: 
Project-Specific Terms and Conditions for a list of project activities 
that address efforts to support good-paying jobs and strong labor 
standards, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf).
a. Federal Contract Compliance
    As a condition of grant award and consistent with Executive Order 
11246, Equal Employment Opportunity (30 FR 12319, and as amended), all 
federally assisted contractors are required to make good faith efforts 
to meet the goals of 6.9 percent of Construction project hours being 
performed by women, in addition to goals that vary based on geography 
for Construction work hours and for work being performed by people of 
color. Under Section 503 of the Rehabilitation Act of 1973 and its 
implementing regulations, affirmative action obligations for certain 
contractors include an aspirational employment goal of 7 percent 
workers with disabilities.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, Section 503 of the Rehabilitation Act, and the Vietnam Era 
Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega 
Construction Project Program through which it engages with Project 
Sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. OFCCP will 
identify projects that receive an award under this notice and are 
required to participate in OFCCP's Mega Construction Project Program 
from a wide range of federally assisted projects over which OFCCP has 
jurisdiction and that have a project cost above $35 million. DOT will 
require Project Sponsors with costs above $35 million that receive 
awards under this funding opportunity to partner with OFCCP, if 
selected by OFCCP, as a condition of their DOT award.
    All expenses incurred for an FSP funded project on the 2024 
Inventory must comply with FSP requirements. If a Project Sponsor 
incurs any costs for a project that is on the NEC Project Inventory, 
the Project Sponsor must ensure compliance with FSP program 
requirements to receive FSP funding, regardless of whether the cost is 
funded by the FSP program, because it is part of the project that is on 
the Inventory. If the Project Sponsor is unable to bring any components 
of the project into compliance with FSP Program requirements, the 
applicant must define a component project, consistent with requirements 
outlined in Section C(3)(b), for the use of FSP funding and demonstrate 
a reduction of the Total Project Cost (commensurate with the cost of 
the non-compliant component) from the Funding Need depicted for the 
project in the 2024 Inventory.
b. Critical Infrastructure Security Cybersecurity and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against all hazards, 
including physical and cyber risks, consistent with Presidential Policy 
Directive 21--Critical Infrastructure Security and Resilience, and the 
National Security Memorandum (NSM-5) on Improving Cybersecurity for 
Critical Infrastructure Control Systems. Each applicant selected for 
Federal funding must demonstrate, prior to signing of the grant 
agreement, efforts to consider and address physical and cyber security 
risks relevant to the transportation mode and type and scale of the 
project. Projects that have not

[[Page 42594]]

appropriately considered and addressed physical and cyber security and 
resilience in their planning, design, and project oversight, as 
determined by the Department and the Department of Homeland Security, 
will be required to do so before receiving funds.
c. Domestic Preference Requirements
    As expressed in Executive Order 14005, Ensuring the Future Is Made 
in All of America by All of America's Workers (86 FR 7475), the 
executive branch should maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. Funds made available under this notice are subject 
to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy 
America) and the Build America, Buy America Act, Pub. L. 117-58, 70901-
52. The Department expects all applicants to comply with the applicable 
domestic preference requirements. However, Major Capital Project 
applicants should include a domestic sourcing plan that provides 
details on the extent to which the materials covered by the plan are to 
be imported and the extent to which such materials can be sourced 
domestically. Applicants should also provide an explanation in the plan 
of the number of domestic jobs, temporary and permanent, that will be 
generated by the project and outline a plan to transition any foreign 
labor responsibilities to domestic jobs. Major Capital Project 
applicants may also request a waiver from certain Buy America 
requirements along with the domestic sourcing plan.
d. Civil Rights and Title VI
    As a condition of a grant award, grant recipients must demonstrate 
that the recipient has a plan for compliance with civil rights 
obligations and nondiscrimination laws, including title VI of the Civil 
Rights Act of 1964 and implementing regulations (49 CFR part 21), the 
Americans with Disabilities Act, and Section 504 of the Rehabilitation 
Act, all other civil rights requirements, and accompanying regulations. 
This should include a current title VI plan, completed Community 
Participation Plan, and a plan to address any legacy infrastructure or 
facilities that are not compliant with ADA standards. DOT's and FRA's 
Offices of Civil Rights will work with awarded grant recipients to 
ensure full compliance with Federal civil rights requirements.
e. Project Signage and Public Acknowledgements
    As a condition of grant award, for Construction and non-
Construction projects, recipients may be required to post project 
signage and to include public acknowledgments in published and other 
collateral materials (e.g., press releases, marketing materials, 
website, etc.) satisfactory in form and substance to DOT, that 
identifies the nature of the project and indicates that ``the project 
is funded by the Bipartisan Infrastructure Law.'' In addition, 
recipients employing project signage are required to use the official 
Investing in America emblem in accordance with the Official Investing 
in America Emblem Style Guide. Costs associated with signage and public 
acknowledgments must be reasonable and limited. Signs or public 
acknowledgments should not be produced, displayed, or published if 
doing so results in unreasonable cost, expense, or recipient burden. 
Recipients are encouraged to use recycled or recovered materials when 
procuring signs.

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports may be submitted electronically. 
Pursuant to 2 CFR 170.210, non-Federal entities applying under this 
NOFO must have the necessary processes and systems in place to comply 
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
    Applicants selected for funding are required to comply with all 
reporting requirements in the standard terms and conditions for FRA 
grant awards including 2 CFR 180.335 and 2 CFR 180.350. If the total 
value of a selected applicant's currently active grants, cooperative 
agreements, and procurement contracts from all Federal awarding 
agencies exceeds $10,000,000 for any period of time during the period 
of performance of this Federal award, then the applicant must maintain 
the information reported to SAM and ensure that is made available in 
the designated integrity and performance system (currently the Federal 
Awardee Performance and Integrity Information System (FAPIIS)) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.
c. Performance and Program Evaluation
    Recipients and sub-recipients are also encouraged to incorporate 
program evaluation, including associated data collection activities, 
from the outset of their program design and implementation to 
meaningfully document and measure the effectiveness of their projects 
and strategies. Title I of the Foundations for Evidence-Based 
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019) 
urges Federal awarding agencies and Federal assistance recipients and 
sub-recipients to use program evaluation as a critical tool to learn, 
to improve equitable delivery, and to elevate program service and 
delivery across the program lifecycle. Evaluation means ``an assessment 
using systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency'' (codified at 5 U.S.C. 311). Credible program evaluation 
activities are implemented with relevance and utility, rigor, 
independence and objectivity, transparency, and ethics (OMB Circular A-
11, part 6 section 290).
    For grant recipients, evaluation expenses are allowable costs 
(either as direct or indirect), unless prohibited by statute or 
regulation, and such expenses may include the personnel and equipment 
needed for data infrastructure and expertise in data analysis, 
performance, and evaluation (2 CFR part 200).
d. Performance Reporting
    Each applicant selected for funding must collect information and 
report on the project's performance using measures mutually agreed upon 
by FRA and the grantee to assess progress in achieving strategic goals 
and objectives. Examples of some rail performance measures are listed 
in the table below. The applicable measure(s) will depend upon the type 
of project. Applicants requesting funding for rolling stock must 
integrate at least one equipment/rolling stock performance measure, 
consistent with the grantee's application materials and program goals.

[[Page 42595]]



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                                                                                                  Primary             Secondary
         Rail measures              Unit measure     Measurement period     Measurement       administration        administration        Description
                                                                             frequency           priority              priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles...............  Miles.............  ..................  Quarterly........  Workforce           Safety...............  The number of
                                                                                             Development, Job                           miles per
                                                                                             Quality, and                               quarter within
                                                                                             Wealth Creation.                           the project area
                                                                                                                                        that have
                                                                                                                                        temporary speed
                                                                                                                                        restrictions
                                                                                                                                        (``slow
                                                                                                                                        orders'')
                                                                                                                                        imposed due to
                                                                                                                                        track condition.
                                                                                                                                        This is an
                                                                                                                                        indicator of the
                                                                                                                                        overall
                                                                                                                                        condition of
                                                                                                                                        track. This
                                                                                                                                        measure can be
                                                                                                                                        used for
                                                                                                                                        projects to
                                                                                                                                        rehabilitate
                                                                                                                                        sections of a
                                                                                                                                        rail line since
                                                                                                                                        the
                                                                                                                                        rehabilitation
                                                                                                                                        should
                                                                                                                                        eliminate, or at
                                                                                                                                        least reduce the
                                                                                                                                        slow orders upon
                                                                                                                                        project
                                                                                                                                        completion.
Gross Ton......................  Gross Tons........  ..................  Quarterly........  Workforce           .....................  The annual gross
                                                                                             Development, Job                           tonnage of
                                                                                             Quality, and                               freight shipped
                                                                                             Wealth Creation.                           in the project
                                                                                                                                        area. Gross tons
                                                                                                                                        include freight
                                                                                                                                        cargo minus tare
                                                                                                                                        weight of the
                                                                                                                                        rail cars. This
                                                                                                                                        measures the
                                                                                                                                        volume of
                                                                                                                                        freight a
                                                                                                                                        railroad ships
                                                                                                                                        in a year. This
                                                                                                                                        measure can be
                                                                                                                                        useful for
                                                                                                                                        projects that
                                                                                                                                        are anticipated
                                                                                                                                        to increase
                                                                                                                                        freight
                                                                                                                                        shipments.
Rail Track Grade Separation....  Count.............  ..................  Quarterly........  Workforce           Safety...............  The number of
                                                                                             Development, Job                           automobile
                                                                                             Quality, and                               crossings that
                                                                                             Wealth Creation.                           are eliminated
                                                                                                                                        at an at-grade
                                                                                                                                        crossing as a
                                                                                                                                        result of a new
                                                                                                                                        grade
                                                                                                                                        separation.
Equity in Contracting..........  Count of small      Duration of the     Annual...........  Equity............  .....................  Contracting with
                                  businesses          Project                                                                           socially
                                  contracted.         Performance                                                                       disadvantaged
                                                      Period.                                                                           business
                                                                                                                                        enterprises, and
                                                                                                                                        labor surplus
                                                                                                                                        area firms (each
                                                                                                                                        a ``Small
                                                                                                                                        Business'') for
                                                                                                                                        the Project].
Justice40......................  Health,             Duration of the     Annual...........  Environmental       Public Health........  Any benefits the
                                  environmental and   Project                                Justice.                                   project is
                                  other benefits.     Performance                                                                       expected to
                                                      Period and/or                                                                     deliver to
                                                      Beyond.                                                                           improve the
                                                                                                                                        health, safety,
                                                                                                                                        environment and/
                                                                                                                                        or well-being of
                                                                                                                                        disadvantaged
                                                                                                                                        communities.
Fuel Savings/Emissions.........  Gallons...........  ..................  Annual...........  Climate Change and  .....................  The total gallons
                                                                                             Sustainability.                            of fuel saved as
                                                                                                                                        a result of
                                                                                                                                        rehabilitating,
                                                                                                                                        remanufacturing,
                                                                                                                                        procuring, or
                                                                                                                                        overhauling
                                                                                                                                        locomotives.
--------------------------------------------------------------------------------------------------------------------------------------------------------

e. Program Evaluation
    As a condition of grant award, grantees may be required to 
participate in an evaluation undertaken by DOT, or another agency or 
partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grantee, or 
a benefit/cost analysis or assessment of return on investment. The 
Department may require applicants to collect data elements to aid the 
evaluation. As a part of the evaluation, as a condition of award, 
grantee must agree to: (1) make records available to the evaluation 
contractor; (2) provide access to program records, and any other 
relevant documents to calculate costs and benefits; (3) in the case of 
an impact analysis, facilitate the access to relevant information as 
requested; and (4) follow evaluation procedures as specified by the 
evaluation contractor or DOT staff.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
FRA NOFO Support program staff via email at [email protected]. 
If additional assistance is needed, you may contact Mr. Bryan Rodda in 
FRA's Office of Amtrak and Northeast Corridor Program Delivery by email 
at [email protected] or telephone: 202-557-0206; or Mr. Sergio 
Coronado in FRA's Office of Rail Program Development by email at 
[email protected] or telephone: 617-571-1213.

H. Other Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions.
    The DOT regulations implementing the Freedom of Information Act 
(FOIA) are found at 49 CFR part 7 subpart C--Availability of Reasonably 
Described Records under the Freedom of Information Act which sets forth 
rules for FRA to make requested materials, information, and records 
publicly available under the FOIA. Unless prohibited by law and to the 
extent permitted under the FOIA, contents of application and proposals 
submitted by successful applicants may be released in response to FOIA 
requests. 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.
Amitabha Bose,
Administrator.
[FR Doc. 2024-10656 Filed 5-14-24; 8:45 am]
BILLING CODE 4910-06-P