Fiscal Year 2024_FSP-National NOFO_9.30.24.pdf

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for projects located off the Northeast Corridor for the

Fiscal Year 2024 Federal-State Partnership for Intercity Passenger Rail Program

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

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

SUMMARY: This notice (FSP-National) details the application requirements and procedures to obtain grant funding for projects not located on the Northeast Corridor (NEC) under the Federal-

State Partnership for Intercity Passenger Rail Program (FSP Program) for 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, December 16, 2024. Applications that are incomplete or received after 11:59 p.m. Eastern

Time, on December 16, 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 copies to Mr. Sergio Coronado, Office of Rail Program Development, Federal Railroad Administration, 220 Binney Street, Kendall

Square, Cambridge, MA 02142. 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 FRA-NOFO-

Support@dot.gov. If additional assistance is needed, you may contact Sergio Coronado, 617-

571-1213, Sergio.Coronado@dot.gov; Caitlyn Mitchell, 202-579-3867, Caitlyn.Mitchell@dot.gov; or Marc Dixon, 202-493-0614, Marc.Dixon@dot.gov.

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 off the Northeast Corridor

(FSP-National)

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 off the NEC.

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 up to

$1,057,596,637.

Deadline Applications Due: 11:59 pm EST on December 16, 2024.

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 recognizes that long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the national network and has funding set aside for such efforts.

The FSP Program is authorized in Sections 22106 and 22307 of the Infrastructure

Investment and Jobs Act (Pub. L. 117-58, November 14, 2021) (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). This FSP-National NOFO describes funding available, application submission requirements, and the selection and evaluation criteria for projects not located on the NEC. The IIJA provided distinct selection and evaluation criteria for projects located on the NEC and for projects not located on the NEC. FRA publishes separate NOFOs for projects located on the NEC. Those projects are not eligible for funding under this announcement.

For applicants’ reference, FRA has developed Guidance on Development and

Implementation of Railroad Capital Projects (88 FR 2163 (Jan.12, 2023)) (FRA’s Capital

Projects Guidance) to assist 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 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.

https://www.govinfo.gov/content/pkg/USCODE-2022-title49/pdf/USCODE-2022-title49-subtitleV-partC-chap249-sec24911.pdf https://www.govinfo.gov/content/pkg/USCODE-2022-title49/pdf/USCODE-2022-title49-subtitleV-partC-chap249-sec24911.pdf https://www.govinfo.gov/content/pkg/FR-2023-01-12/pdf/2023-00508.pdf https://railroads.dot.gov/sites/fra.dot.gov/files/2023-01/FRA%20Guidance%20on%20Development%20and%20Implementation%20of%20Railroad%20Capital%20Projects.pdf https://railroads.dot.gov/sites/fra.dot.gov/files/2023-01/FRA%20Guidance%20on%20Development%20and%20Implementation%20of%20Railroad%20Capital%20Projects.pdf https://railroads.dot.gov/sites/fra.dot.gov/files/2023-01/FRA%20Guidance%20on%20Development%20and%20Implementation%20of%20Railroad%20Capital%20Projects.pdf

These templates are subject to revision. The most recent agreement templates are available at:

https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.

The Department seeks to fund projects that advance the Administration’s priorities of safety, equity, climate and sustainability, workforce development, job quality, and wealth creation as described in the U.S. DOT Strategic Plan,1 and in executive orders, which are described in Section E.

(2) Definitions of Key Terms

Terms defined in this section are capitalized throughout this notice.

(a) “Benefit-Cost Analysis” (“BCA”) is a systematic, data-driven, and transparent analysis comparing monetized project benefits and costs, using a no-build baseline and properly discounted present values, including concise documentation of the assumptions and methodology used to produce the analysis; a description of the baseline, data sources used for project outcomes, and values of key input parameters; basis of modeling including spreadsheets, technical memos, etc.; and presentation of the calculations in sufficient detail and transparency to allow the analysis to be reproduced and for sensitivity of results evaluated by FRA. All project submissions to the FSP-National program require a Benefit-

Cost Analysis. Please refer to the updated Benefit-Cost Analysis Guidance for Discretionary

Grant Programs (2024) prior to preparing a BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance-discretionary-grant-programs-0.

(b) “Capital Cost Estimate” means an estimate of the cost to implement the Capital Project inclusive of Project Development through completion of Construction that accounts for risk to the cost elements and the schedule to complete the project.

1 Additional information about the U.S. DOT Strategic Plan, Research, Development and Technology Strategic Plan can be found here: https://www.transportation.gov/dot-strategic-plan.

(c) “Capital Project” means a project for acquiring, constructing, improving, or inspecting rail equipment, track and track structures, or a rail facility, including expenses incidental to the acquisition or Construction including pre-Construction activities (such as designing, engineering, location surveying, mapping, acquiring rights-of-way) and related relocation costs, 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.2

(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) “Corridor Identification and Development Program” or “CID” means the FRA intercity passenger rail planning and development program that will help guide development throughout the country and create a pipeline of intercity passenger rail projects ready for

Implementation as authorized in 49 U.S.C. 25101(a).

2 FRA will consider right-of-way acquisition only for applications seeking eligible Construction funding.

(f) “Final Design” or “FD” means the Lifecycle Stage of a Capital Project during which the

Capital Project design is advanced to be ready for Construction. This is when final engineering plans and specifications necessary for construction of the project are produced.

Final Design activities occur after a Capital Project has completed Project Development, and before a Capital Project can advance to Construction. Final Design is described in FRA’s

Capital Projects Guidance.

(g) “Highly Rated” means a rating provided for purposes of 49 U.S.C. 24911(g)(2) to those

Major Capital Projects evaluated under this NOFO that receive an overall rating of

“Recommended” or “Highly Recommended.”

(h) “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.

(i) “Intercity Rail Passenger Transportation” means rail passenger transportation, except

Commuter Rail Passenger Transportation. See 49 U.S.C. 24911(a)(2). In this notice, “Intercity Passenger Rail Service” and “Intercity Passenger Rail Transportation” are equivalent terms to “Intercity Rail Passenger Transportation.”

(j) “Interstate Rail Compact” for the purposes of this program, means legislatively enacted agreement or compact that establishes a formal, legally binding relationship between two or more States to prepare for and provide Intercity Passenger Rail Service.

(k) “Lifecycle Stage” means each of the consecutive stages of a Capital Project as it is developed and implemented that include Systems Planning, Project Planning, Project Development, Final Design, Construction, and Operation. Each sequential stage involves specific activities.

Lifecycle Stages are described in FRA’s Capital Projects Guidance.

(l) “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. Major Project is described in FRA’s Capital Projects Guidance.

(m) “National Environmental Policy Act” or “NEPA” (42 U.S.C. 4321 et seq.) is a federal law that requires federal agencies to analyze and document the environmental impacts of a proposed action in consultation with appropriate Federal, Tribal, State, and local authorities, and with the public. Environmental review under NEPA consists of an Environmental Impact

Statement (EIS), Environmental Assessment (EA), or Categorical Exclusion (CE). The

NEPA class of action depends on the potential environmental impacts of the proposed action.

For purposes of this NOFO, NEPA also includes all related federal laws and regulations including the Clean Air Act, Section 4(f) of the Department of Transportation Act, Section 7 of the Endangered Species Act, and Section 106 of the National Historic Preservation Act.

Additional information regarding FRA’s environmental processes and requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment.

NEPA consultation and documentation are considered part of the Project Development

Lifecycle Stage, as described in FRA’s Capital Projects Guidance.

(n) “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. See 49 U.S.C. 24911(a)(3).

(o) “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.

(p) “Project Development” means the Lifecycle Stage of a Capital Project during which the

Project Sponsor conducts design, environmental, and other studies to ensure the Capital

Project is ready for implementation. Project Development activities occur after a Project

Sponsor has completed Project Planning, and before a Capital Project can advance to Final

Design. Project Development is further described in FRA’s Capital Projects Guidance.

(q) “Project Management Plan” means, under this NOFO, a document developed consistent with

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.

(r) “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. The purpose is to identify and compare the costs, benefits, and impacts of project options. FRA encourages Project Sponsors to identify the impacted environmental resources and engage 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.3

3 For the Project Planning Lifecycle stage, applicants should avoid using the term “feasibility study” and should instead describe scope that is consistent with this definition and the expanded information in FRA’s Capital Projects

Guidance.

(s) “Project Pipeline” (1) identifies intercity passenger rail corridors selected for development under this section; (2) identifies capital projects for federal investment, project applicants, and proposed federal funding levels, as applicable, consistent with the corridor project inventory; (3) specifies the order in which the Secretary would provide federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule; (4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory; (5) takes into consideration the existing commitments and anticipated federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; (6) is prioritized based on the level of readiness of the corridor;

and (7) reflects consultation with Amtrak, consistent with 49 U.S.C. 25101(g).

(t) “Project Sponsor” means the entity responsible for implementing a project that may also be an applicant seeking or recipient receiving federal financial assistance.

(u) “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.

(v) “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).

(w) “Total Project Cost” means the sum of FSP Program 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.

B. Federal Award Information

(1) Available Award Amount:

The total amount of funding made available for new FSP-National awards under this

NOFO is $1,057,596,637.4 Should additional FSP Program funds become available after the release of this NOFO, FRA may elect to award such additional funds to applications received under this NOFO.

(2) Award Size

There are no predetermined 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 evaluation criteria (see

Section E, Application Review Information). FRA may award partial funding, as projects may require more funding than is available. If FRA anticipates not fully funding a project, FRA may contact the applicant during the evaluation process to ensure that the applicant is able to

4 The total amount of FY 2024 funding made available for projects not located on the NEC from IIJA 2024 Advance

Appropriations and the 2024 Appropriation is $2,232,000,000. From this amount, FRA intends to obligate up to

$1,212,765,863 to fulfill FY 2024 contingent commitments to FSP projects previously selected for Phased Funding

Agreements under the FY 2022-2023 FSP-National NOFO. The total available funding for awards under this NOFO will consist of $1,019,234,138 from IIJA 2024 Advance Appropriations and up to $38,362,500 in FY 2024 annual appropriations: The 2024 Appropriation provided $75,000,000 for the FSP Program. Consistent with 49 U.S.C.

24911(d)(3)(A), a minimum of 45 percent and a maximum of 55 percent of this amount is for FSP-National, of which not less than 20 percent (a minimum of $6,277,500) shall be for projects that benefit (in whole or in part) a long-distance route. After the funding set aside for FRA award and project management oversight and the planning and development activities authorized at 49 U.S.C. 24911(k), at least $31,387,500 and up to $38,362,500 in FY

2024 annual funding is made available for FSP Program awards under this FSP-National NOFO.

complete the project with available funding. Where an application includes multiple Lifecycle

Stages of a Capital Project, FRA may decide to only award funds for what it determines is the appropriate Lifecycle Stage.

FRA encourages applicants to propose a project that has operational independence, or a component of such project, which can be completed and implemented with funding under this

NOFO as a part of the total project cost together with other, non-federal sources. (See section

C(3)(c) for more information).

Applicants are not limited in the number of projects for which they seek funding.

Applicants submitting more than one application are requested to submit a priority ranking of their submitted applications that is consistent with each application package submitted.

(3) Award Type

a. Grants and Cooperative Agreements

(i) FRA will make awards for projects selected under this notice through grant agreements or cooperative agreements. FRA will determine the type of agreement after project selection and prior to grant obligation. Grant agreements are used when FRA does not expect to have substantial federal involvement in carrying out the funded activity. Cooperative agreements allow for substantial federal involvement in carrying out the agreed upon investment, including technical assistance, review of interim work products, and increased program oversight. The term “grant” is used throughout this document and is intended to reference funding awarded through a grant agreement or a cooperative agreement. The funding provided under this NOFO will be made available to recipients 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 recipient is expected to expend non-federal funds at the required percentage concurrent with federal funds throughout the life of the project.

b. Phased Funding Agreements

(i) FRA may provide grant funding in phases through a Phased Funding Agreement (PFA) for Highly Rated Major Capital 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

FSP Program that includes phased funding provisions. 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 Major Capital Project; (3) include the period of time for completing the Major Capital Project, even if such period extends beyond the period for which federal financial assistance is authorized; (4) make timely and efficient management of the Major Capital Project easier in accordance with federal law; and (5) if applicable, specify when the process for complying with NEPA and related environmental laws will be completed for the Major Capital Project. FRA anticipates limiting the use of

PFAs to Major Capital Projects that are currently in, or beginning, the Final Design and/or the Construction Lifecycle Stages. A PFA provides an initial obligation and includes contingent commitments that are not financial obligations of the Federal Government but relate to the future obligation of funds and are subject to the availability of appropriations.

In the PFA, FRA commits to provide funding as specified in the PFA for the duration of the Major Capital Project, as long as the recipient 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 Major Capital Project is appropriate for a PFA.

c. Letters of Intent

(i) FRA may issue a Letter of Intent (LOI) for a Major Capital Project. An LOI, authorized at

49 U.S.C. 24911(g)(1), is a letter from FRA to a recipient announcing “an intention to obligate” an amount for a Major Capital Project from future budget authority. An LOI is a contingent commitment and is not a binding obligation of the Federal Government, but signals FRA’s intent to provide future Final Design and/or Construction Lifecycle Stage funding for Major Capital Projects, assuming successful completion of Project Planning and Project Development Lifecycles for the project and subject to the availability of funds.

Generally, FRA anticipates issuing an LOI primarily to Major Capital Projects currently in, or beginning, the Project Development Lifecycle Stage. FRA may outline conditions and/or define readiness thresholds in the LOI that the recipient may use to inform its future funding requests under the FSP Program. Applicants that request FSP funds beyond what is made available in this NOFO, 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 issue an LOI for a Major Capital Project.

(4) Concurrent Applications

USDOT 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; or

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 recipient of the FSP 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 recipient. 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. If selected, only the eligible applicant will be the recipient under the grant agreement, regardless of other arrangements between the eligible applicant and other entities, private or otherwise. This means the eligible applicant will be legally and financially responsible to FRA under the terms and conditions of the FRA grant agreement, including for administering and managing federal funds for the authorized purpose, complying with federal requirements, and delivering the project.

Before partnering with an ineligible entity, applicants should carefully review FRA’s Grant

Agreement Terms and Conditions (https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements), as these terms and conditions will apply to the applicant, if selected.

(2) Cost Sharing and Matching

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). 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 and cost-impacts of time (e.g., inflation) while preparing the scope, schedule, and budget.5

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 funding6. 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 200.7 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.

If Amtrak is an applicant, Amtrak may use its ticket and other non-federal revenues generated from its operations and other sources to satisfy the non-federal share requirements.

Applicants must identify the source(s) of their matching and must clearly and distinctly reflect these funds as part of the total project cost.

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

5 “Capital Cost Estimating: Guidance for Project Sponsors,” is available at: https://www.fra.dot.gov/Page/P0926.

6 In addition, the non-federal share can consist of Transportation Infrastructure Finance and Innovation Act financing or Railroad Rehabilitation & Improvement Financing.

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

https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part200.pdf 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

(i) The following Capital Projects, including acquisition of real property interests, are eligible under this NOFO:

(A) 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.

(B) A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-sec200-306.pdf https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-sec200-458.pdf improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary.

(C) A project to expand or establish new intercity passenger rail service.

(D) A group of related projects described in paragraphs (A) through (C).

(E) The planning, environmental studies, and Final Design for a project or group of projects described in paragraphs (A) through (D).

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,8 Project Planning, Project Development, Final Design, and Construction.

Pre-Construction activities are eligible for funding independently or in conjunction with

Construction.

Applicants that request funding for Project Development may include with the application 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 may request funding for work that can be funded in conjunction with developing PE, such as operations modeling, surveying, 8 Any project that includes acquisition of real property, even if the project is only receiving federal funds for

Construction, is subject to requirements of the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, as amended, 42 U.S.C. 4601 et seq. (Uniform Act). Regulations implementing the Uniform

Act are at 49 C.F.R. part 24.

project work/management plans, preliminary cost estimates, and preliminary project schedules. If selected, recipients will be expected to complete Project Development to support FD or Construction. (See Section D(2)(a)(i) for additional information.)

ii. Project Component: If an applicant requests funding for a component or set of components of a larger capital project, the project component(s) must be attainable with the award amount and comply with all eligibility requirements described in Section C. In addition, the component(s) must enable independent analysis and decision making, as determined by

FRA under NEPA (i.e., have independent utility, connect logical termini, and do not restrict the consideration of alternatives for other reasonably foreseeable rail projects).

iii. Application Tracks: FRA strongly encourages applicants to align eligible project activities with the following tracks.

• Track 1—Project Planning;

• Track 2—Project Development;

• Track 3—FD/Construction.

An applicant may seek funding for one or more tracks in a single application, but applicants should clearly explain which project activities fall within each track. For example, if an applicant requests funding for PE, environmental review and final design, the applicant should request funding for both Track 2 (Project Development) and Track 3

(FD/Construction). In addition, applicants should request a specific amount of federal funds for each track. Based on the availability of funds, FRA may fund one or more of the tracks identified in the application.

The project tracks are based on Lifecycle Stages. 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. The Application Tracks are briefly described below, and applicants are encouraged to review the information on Lifecycle Stages in FRA’s Capital Projects Guidance.

(A) Track 1—Project Planning: Track 1 consists of Project Planning specific to a Capital Project. 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-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.

(B) Track 2—Project Development: Track 2 consists of projects for eligible

Project Development activities. 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 https://railroads.dot.gov/sites/fra.dot.gov/files/2023-01/FRA%20Guidance%20on%20Development%20and%20Implementation%20of%20Railroad%20Capital%20Projects.pdf 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.

(C) Track 3—FD/Construction: Track 3 consists of projects for eligible FD and

Construction activities. Applicants must complete all necessary Planning and

Project Development stages, including PE and NEPA requirements, prior to moving to the FD/Construction stage of a project. FD 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 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

Applicants must complete and submit all of the required documents for the application, which are outlined in the following paragraphs. 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 December 16, 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 https://www.grants.gov/ https://www.grants.gov/ 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:

laura.mahoney@dot.gov; 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: https://www.grants.gov/support.

(2) Content and Form of Application Submission

FRA strongly advises applicants to read this section carefully. Applicants must submit all required information and components of the application package to be considered for funding.

Applications that are not submitted on time or do not contain all required documentation will not be considered for funding. To support the application, applicants may provide 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 will be required to 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:

Application Information NOFO Section for Guidance http://www.grants.gov/ https://www.govinfo.gov/content/pkg/USCODE-2022-title49/pdf/USCODE-2022-title49-subtitleV-partB-chap229-sec22903.pdf

Project Narrative See D(2)(a)

Statement of Work, Estimated Project

Schedule, Project Budget, Performance

Measures (Articles 4-7)

See D(2)(b)(i)

Benefit-Cost Analysis See D(2)(b)(ii)

Environmental Compliance

Documentation

See D(2)(b)(iii)

Draft Agreement required under 49 U.S.C

22905(c)(1), if applicable

See D(2)(b)(iv)

Corridor Identification Documentation See D(2)(b)(v)

SF 424 – Application for Federal

Assistance9

See D(2)(b)(vi)

SF 424A – Budget Information for Non-

Construction or SF 424C – Budget

Information for Construction

See D(2)(b)(vii)

SF 424B – Assurances for Non-

Construction or SF 424D – Assurances for

Construction

See D(2)(b)(viii)

FRA’s F 30 – Certifications Regarding

Debarment, Suspension and Other

Responsibility Matters, Drug-Free

Workplace Requirements and Lobbying

See D(2)(b)(ix)

FRA F 251 – Applicant Financial

Capability Questionnaire

See D(2)(b)(x)

SF LLL – Disclosure of Lobbying

Activities

See D(2)(b)(xi)

(a) Project Narrative

9 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, statement of work (Article 4), and project budget (Article 6).

Where there are discrepancies in the amount requested among the SF-424, project narrative, statement of work

(Article 4), and project budget (Article 6), FRA will use the request reflected in the SF-424 when reviewing applications.

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.

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. Corridor Identification Program

Coordination (if applicable):

See D(2)(a)(vi)

VII. Detailed Project Description See D(2)(a)(vii)

VIII. Project Location See D(2)(a)(viii)

IX. Evaluation and Selection Criteria See D(2)(a)(ix)

X. Project Implementation and

Management See D(2)(a)(x)

Applicants must provide the above content in a narrative statement. The project narrative may not exceed 25 pages in length (excluding cover pages, table of contents, and supporting documentation). FRA will not review or consider project narratives beyond the 25-page 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

Joint Applicant Name(s)

Amount of FSP Program funding requested under this NOFO $

Amount of proposed non-Federal share $

Source(s) of proposed non-Federal share

Amount of other Federal funding, if applicable $

Source (s) of other Federal funding, if applicable

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 previously submitted for this project?

Yes/No. If yes, state the name of the Federal grant program, funding year, and project title from the previous application, and identify any differences between the applications.

City(ies), State(s) where the project is located

Congressional District(s) where the project is located

Geospatial data…