January 19, 2022

RAIL

MOVING AMERICA FORWARD

Presented by:

Ryan Arbuckle • Jenny Zeng • Mariam Ouhamou

Federal-State Partnership for Intercity Passenger Rail Grant 

Program Information Session #1 – Eligibility and Agreements
2

Upcoming Information Sessions

• January 26—Major Capital 

Projects • Domestic Sourcing Plan • Letters of Intent/Phased Funding Agreements

• February 7—Project 

Narrative and Statement of 

Work

• February 9—Corridor 

Identification and 

Development Program • Registration opening soon
3

FRA Presenters

Mariam Ouhamou

Supervisory Grants 

Management Specialist,

Grant and Loan Program 

Development Division

Jenny Zeng

Transportation Industry 

Analyst, Rail Program 

Policy and Performance 

Division

Ryan Arbuckle

Transportation Industry 

Analyst, Rail Program 

Policy and Performance 

Division
4

Federal-State Partnership Program (FSP) and its

Relationship with the Corridor Identification 

and Development Program (CID)

Applicant and Project Eligibility

Best Practices—Agreements

Q & A

1

2

3

4

Agenda

Agenda
5

Federal-State Partnership and the 

Corridor Identification and 

Development Program
6

CID and FSP – Pipeline of Rail Projects

Corridor Identification 

and Development Program

Federal-State 

Partnership: National

New or Improved

Rail Service

Corridor ID creates a foundational framework for 

identifying and developing new or improved 

intercity passenger rail (IPR) services.

• Corridor Development Initiation

• Service Development Planning

• Project Planning

• Project Development 

Federal State Partnership funds capital rail 

projects for new, expanded or improved IPR 

service.

• Project Planning

• Project Development

• Final Design 

• Construction

Includes a selection preference for capital 

projects that have progressed from Corridor ID
7

Project Lifecycle Stages

• Multi-state Regional 

Planning

• Corridor Planning

• Project Identification

• NEPA

• PE

• Cost Estimate

• Budget and Schedule

• Project Management 

Plan & Financial Plan

• Procurement Strategy

• Stakeholder 

Agreements

• Final Engineering

• Final Budget and 

Schedule

• Procurement Process

• Project Agreements

• Refined Project 

Management Plan & 

Financial Plan

• Right-of-Way 

Acquisition

• Early work and 

Relocations

• Project use 

• Project Benefits 

Assessments

• Project Lookback 

Analysis

DEVELOPMENT STAGES IMPLEMENTATION STAGES

Operation Systems

Planning

• Multi-state Regional 

Planning

• Corridor Planning

• Project Identification

Systems

Planning

• Project use 

• Project Benefits 

Assessments

• Project Lookback 

Analysis

Final Design Construction Operation Project

Development

• Purpose & Need

• Project Planning

• Conceptual 

Engineering

• Consideration of 

alternatives

• Stakeholder 

Engagement

Project

Planning

• Capital Construction

• Equipment Acquisition

• Utility Construction

• Financing Costs

• Construction 

Oversight

• Testing and 

Commissioning

Track 1 Track 2 Track 3
8

• Applicants need to determine:

o What Track/Lifecycle Stage their 

project is currently in

o What Track/lifecycle Stage(s) their 

project needs funding for

• Applicants need to consider:

o How to make an appropriate 

justification in their Project 

Narrative regarding current project 

stage and requested funding stage

o What supporting documentation is 

required to demonstrate 

appropriate Lifecycle Stage?

o Clearly state what Track/Lifecycle 

Stage you are applying for in Project 

Summary

Lifecycle Stages and a Notice of Funding Opportunity (NOFO)

Project 

Planning

Project 

Development Final Design Construction

ELIGIBLE LIFECYCLE STAGES 
9

Federal-State Partnership Eligibility
10

Eligible Applicants

• States (incl. the District of Columbia)

• Groups of States

• Interstate Compacts

• Public agencies or publicly chartered 

authorities established by one or more 

States

• Political subdivisions of States

• Amtrak, acting on its own behalf or under a 

cooperative agreement with one or more 

States

• Federally recognized Indian Tribe (New!)

• Any combination of the above

Applicant

Project 

Partners

Host 

Railroad

Infrastructure Owners, Host Railroads, 

Private Intercity Rail Providers, and 

other entities can partner with eligible 

applicants. FRA is interested in the 

status of agreements and negotiations 

to ensure project readiness, as well as 

letters of support, from all affected 

parties. 

Other funding opportunities are available 

with different eligibility criteria
11

• Provide a justification in your narrative 

with appropriate documentation, such as: o Enabling legislation and organizational structure o For political subdivisions and units of local 

government, explain how applicant exercises 

independent governmental authority (e.g., 

power of eminent domain, taxation, etc.)

• Joint application process: o Lead applicant must be identified and include 

signed statement from authorized representative 

of each joint applicant 

o Joint applicants involving Amtrak and one or 

more States must provide cooperative agreement 

for the project signed by authorized 

representatives 

How do I prove my eligibility?
12

Project Eligibility

• A project to replace, rehabilitate, or repair

infrastructure, equipment, or a facility

• A project to improve intercity passenger rail 

service performance

• A project to expand or establish new intercity 

passenger rail service

• A group of related projects described above

• The planning, environmental studies, and final 

design for a project or group of projects 

described above

Major Capital Project: Project with a capital cost 

estimate of $500 million or greater and with at 

least $100 million in Federal assistance received 

or requested under the FSP program.

Capital Project: Acquiring, constructing, 

improving, or inspecting rail equipment, track 

and track structures, or a rail facility...including 

acquiring rights-of-way. 

Remember 

Lifecycle Stage!
13

Project Eligibility – IPR vs. Commuter Rail

• FRA is prohibited under 49 U.S.C. 22905(f)

from providing FSP grants for Commuter 

Rail

• FRA’s intent with FSP is to fund reasonable 

investments in Capital Projects for 

Intercity Rail Passenger Transportation

o Such projects may be located on shared 

corridors where commuter and/or freight also 

benefit

• FSP applications should focus on IPR 

benefits

Commuter Rail: 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.
14

Project and Applicant Eligibility Reminders

• Things to consider:

o How do the applicant and project meet 

eligibility criteria

o How to make a justification in the 

narrative

 Are all components of the project eligible 

for funding? 

 How to include all aspects of the project 

in their justification

 Supporting documentation?

 Citations and hyperlinks

o Partnering with an eligible applicant 

• Ineligible projects and applicants will 

not be considered for funding and 

their applications will not be reviewed

Applicants are expected to 

provide supporting justification 

and documentation that 

address project and applicant 

eligibility requirements. FRA 

will make final determinations 

on eligibility upon review of 

entire application package. 

!
15

Agreements
16

Certain agreements may be required as a condition of making a grant

Today’s focus: 

• Examples of types of agreements that may be required

• Deep Dive of 49 U.S.C. § 22905(c)(1) (referred to as the “Railroad 

Agreement Requirement”)

• Resources for further reference, including weblinks and FAQs

Agreements Best Practices – Overview
17

Agreements Best Practices – Types of Agreements 

Entities selected to receive funding must satisfy applicable requirements, such as required 

agreements, as a precondition to the Federal Railroad Administration issuing a grant award. 

Not all requirements will apply to all projects.

Examples of agreements that may be required:

• Host Railroad Agreements: Legal agreements with all applicable host railroads, with details 

on engineering, statement of work, construction, service outcomes, cost sharing, or any 

other relevant issues

• Service Operator Agreements: Commitments and concurrences from the operator of the 

intercity passenger rail service that will benefit from the project

• Other Agreements: Other agreements as necessitated by specific project conditions, such 

as with real estate owners, utilities, other States, local governments, etc.
18

49 U.S.C. § 22905(c)(1) requires, as a condition of making a grant for a project that uses rightsof-way owned by a railroad, that a written agreement exist between the applicant and the

railroad right-of-way.

The agreement must include:

• Compensation for such use;

• Assurances regarding the adequacy of infrastructure capacity to accommodate both existing and

future freight and passenger operations (resulting from the Project);

• 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 an applicant complies with the liability requirements consistent with 

49 U.S.C. § 28103.

Prerequisite to grant obligation

Agreements Best Practices – Deep Dive of 49 U.S.C. § 22905(c)(1)
19

1. The requirements of 49 U.S.C. § 22905(c)(1) do not apply if your project does not

use railroad rights-of-way:

• Project isfor planning, preliminary engineering, and/or NEPA

• Project is for on-board Positive Train Control installation only

2. The requirements of 49 U.S.C. § 22905 do not apply to:

• Commuter rail passenger transportation (as defined in 49 U.S.C. § 24102(3)) operations of a

State or local government authority (as those terms are defined in 49 U.S.C. § 5302) or its

contractor performing services in connection with commuter rail passenger operations

• The Alaska Railroad or its contractors

• Amtrak’s access rights to railroad right-of-way and facilities under current law

Agreements Best Practices – Deep Dive of 49 U.S.C. § 22905(c)(1)

*Please refer to FRA’s website to view detailed FAQs on 49 U.S.C. § 22905(c)(1) 

for additional information on this requirement.*
20

Agreements Best Practices – Resources

1. Answers to Frequently Asked Questions about Rail Improvement Grant 

Conditions under 49 U.S.C. § 22905(c)(1):

• https://railroads.dot.gov/sites/fra.dot.gov/files/2022-05/RailImprovement-Grant-Conditions%20-Sec22905-FAQs_042922.pdf

2. Grant Readiness Checklist:

• https://railroads.dot.gov/grants-loans/grant-administration/applyinggrants/grant-readiness-checklist
21

QUESTIONS?
Contact Us

Federal Railroad Administration

1200 New Jersey Avenue, SE

Washington, DC 20590

Connect with us USDOTFRA

FRA-NOFO-Support@dot.gov

FRA Grant Programs: Ryan Arbuckle

Ryan.Arbuckle@dot.gov

Eligibility: Jenny Zeng

Jenny.Zeng@dot.gov

Agreements: Mariam Ouhamou

Mariam.Ouhamou@dot.gov

FRA Competitive Discretionary Grant Programs

Webpage https://www.fra.dot.gov/grants