[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40335-40346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14344]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for the Railroad Crossing 
Elimination Program

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

ACTION: Notice of funding opportunity.

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SUMMARY: This notice details the application requirements and 
procedures to obtain grant funding for eligible projects under the 
Railroad Crossing Elimination Program for Fiscal Year 2022. This notice 
solicits applications for the Railroad Crossing Elimination Program 
funds made available by the Infrastructure Investment and Jobs Act. The 
opportunity described in this notice is made available under Assistance 
Listings Number 20.327, ``Railroad Crossing Elimination.''

DATES: Applications for funding under this solicitation are due no 
later than 5:00 p.m. ET, October 4, 2022. Applications that are 
incomplete or received after 5:00 p.m. ET, on October 4, 2022 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. Douglas Gascon, Office of Policy and Planning, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Room W38-212, 
Washington, DC 20590. However, due to delays caused by enhanced 
screening of mail delivered via the U.S. Postal Service, applicants are 
advised to use other means of conveyance (such as courier service) to 
assure timely receipt of materials before the application deadline.

FOR FURTHER INFORMATION CONTACT: For further information related to 
this notice, please contact Mr. Douglas Gascon, Office of Policy and 
Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE, 
Room W38-212, Washington, DC 20590; email: <a href="/cdn-cgi/l/email-protection#dcb8b3a9bbb0bdaff2bbbdafbfb3b29ce0bdfcb4aeb9bae1" http: dot.gov">dot.gov</a>">douglas.gascon@dot.gov</a>; 
phone: 202-493-0239.

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

[[Page 40336]]

A. Program Description

1. Overview

    Section 22305 of the Infrastructure Investment and Jobs Act (IIJA) 
(Pub. L. 117-58, November 15, 2021), codified at 49 U.S.C. 22909, 
authorizes the Railroad Crossing Elimination Program (RCE Program). The 
purpose of the RCE Program is to fund highway-rail or pathway-rail 
grade crossing improvement projects that focus on improving the safety 
and mobility of people and goods. This NOFO is funded through the 
advanced appropriation in Division J of IIJA. The RCE Program provides 
a Federal funding opportunity to improve American rail infrastructure 
to enhance rail safety, improve the health and safety of communities, 
eliminate highway-rail and pathway-rail grade crossings that are 
frequently blocked by trains, and reduce the impacts that freight 
movement and railroad operations may have on underserved communities. 
Discretionary grant awards, funded through the RCE Program, will 
support projects that improve safety, economic strength and global 
competitiveness, equity, and climate and sustainability, consistent 
with the U.S. Department of Transportation's (DOT) strategic goals.\1\
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    \1\ DOT Strategic Framework FY 2022-2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework.
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    FRA has a strong interest in promoting grade separations, closing 
crossings through track relocation, and corridor-wide grade crossing 
improvements that maximize the safety and efficiency of the U.S. rail 
network. Highway-rail grade crossing accidents, together with accidents 
caused by trespassing along the railroad right-of-way, account for 94% 
of all rail-related deaths and injuries. The safest crossing is no 
crossing, and grade separating or otherwise eliminating crossings is 
the most direct way to prevent intrusions into the railroad right-of-
way.
    The RCE Program will be implemented, as appropriate and consistent 
with law, in alignment with the priorities in Executive Order 14052, 
Implementation of the Infrastructure Investments and Jobs Act (86 FR 
64355), which are to invest efficiently and equitably, promote the 
competitiveness of the U.S. economy, improve job opportunities by 
focusing on high labor standards, strengthen infrastructure resilience 
to all hazards including climate change, and to effectively coordinate 
with State, local, Tribal, and territorial government partners.
    In addition to improving safety, FRA seeks to fund projects under 
the RCE Program that reduce greenhouse gas emissions and are designed 
with specific elements to address climate change impacts. Specifically, 
FRA is looking to award projects that align with the President's 
greenhouse gas reduction goals, promote energy efficiency, support 
fiscally responsible land use and efficient transportation design, 
increase climate resilience, support domestic manufacturing, and reduce 
pollution.
    FRA also seeks to fund projects that address environmental justice, 
particularly for communities that disproportionally experience climate 
change-related consequences. Environmental justice, as defined by the 
Environmental Protection Agency, is the fair treatment and meaningful 
involvement of all people regardless of race, color, national origin, 
or income, with respect to the development, implementation, and 
enforcement of environmental laws, regulations, and policies. As part 
of the implementation of Executive Order 14008, Tackling the Climate 
Crisis at Home and Abroad (86 FR 7619), FRA seeks to fund projects 
that, to the extent possible, target at least 40 percent of resources 
and benefits towards low-income communities, disadvantaged communities, 
communities underserved by affordable transportation, or overburdened 
\2\ communities. For more information, please consult DOT's 
disadvantaged communities mapping tool to determine if a proposed 
project impacts disadvantaged communities: Transportation Disadvantaged 
Census Tracts (arcgis.com) and at: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a.
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    \2\ Overburdened Community: Minority, low-income, tribal, or 
indigenous populations or geographic locations in the United States 
that potentially experience disproportionate environmental harms and 
risks. This disproportionality can be as a result of greater 
vulnerability to environmental hazards, lack of opportunity for 
public participation, or other factors. Increased vulnerability may 
be attributable to an accumulation of negative or lack of positive 
environmental, health, economic, or social conditions within these 
populations or places. The term describes situations where multiple 
factors, including both environmental and socio-economic stressors, 
may act cumulatively to affect health and the environment and 
contribute to persistent environmental health disparities.
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    Additionally, FRA seeks to fund projects that proactively address 
racial equity and barriers to opportunity, including automobile 
dependence, as a form of barrier, or redress prior inequities and 
barriers to opportunity. Section E describes racial equity 
considerations that an applicant can undertake, and FRA will consider 
during the review of applications.
    In addition to prioritizing projects that address climate change, 
proactively address racial equity, and reduce barriers to opportunity, 
FRA intends to use the RCE program to support the creation of good-
paying jobs with the free and fair choice to join a union and the 
incorporation of strong labor standards and training and placement 
programs, especially registered apprenticeships and Local Hire 
agreements, in project planning stages. Projects that incorporate such 
planning considerations are expected to support a strong economy and 
labor market. Section E describes job creation and labor considerations 
that an applicant can undertake, and that FRA will consider, during the 
review of applications.
    Section E of this NOFO, which outlines the RCE Program grant 
selection criteria, describes the process for selecting projects that 
further these goals. Section F.3 describes progress and performance 
reporting requirements for selected projects, including the 
relationship between that reporting and the RCE Program's selection 
criteria.

2. Definitions of Key Terms

    Terms defined in this section are capitalized throughout this 
notice.
    a. ``Construction'' means the production of fixed works and 
structures or substantial alterations to such structures or land and 
associated costs.
    b. ``Commuter Rail Passenger Transportation'' means short-haul rail 
passenger transportation in metropolitan and suburban areas usually 
having reduced fare, multiple ride, and commuter tickets and morning 
and evening peak period operations, consistent with 49 U.S.C. 24102(3).
    c. ``Final Design (FD)'' means design activities following 
Preliminary Engineering, and at a minimum, includes the preparation of 
final Construction plans consistent with the applicable environmental 
decision document, detailed specifications, and estimates sufficiently 
detailed to inform project stakeholders (designers, reviewers, 
contractors, suppliers, etc.) of the actions required to advance the 
project from design through completion of Construction.
    d. ``Grade Separation or Closure'' means an underpass or overpass 
to eliminate level crossings between railroad and highway users at an 
existing highway-rail or pathway-rail grade crossing, or the closing of 
a highway-rail grade crossing to vehicular or pedestrian traffic.

[[Page 40337]]

    e. ``Highway-Rail Grade Crossing'' means a location where a public 
highway, road, street, or private roadway, including associated 
sidewalks and pathways, crosses one or more railroad tracks at grade.
    f. ``Improvement Project'' means a project related to a highway or 
pathway-rail crossing including: installation, repair, or improvement 
of crossings, grade separations, railroad crossing signals, gates, 
bells, audible warning devices and related technologies; highway 
traffic signalization, lighting, crossing approach signage, and roadway 
improvements such as medians or other barriers; pathway improvements 
such as bollards; railroad crossing panels and surfaces; and other 
safety engineering improvements, or highway-rail programs to reduce 
risk.
    g. ``National Environmental Policy Act (NEPA)'' is a federal law 
that requires Federal agencies to analyze and document the 
environmental impacts of a proposed action in consultation with 
appropriate Federal, state, and local authorities, and with the public. 
NEPA classes of action include an Environmental Impact Statement (EIS), 
Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA 
class of action depends on the nature of the proposed action, its 
complexity, and the potential impacts. 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 are located at https://www.fra.dot.gov/environment.
    h. ``Pathway-Rail Grade Crossing'' means a pathway that crosses one 
or more railroad tracks at grade and that is: (1) explicitly authorized 
by a public authority or a railroad; (2) dedicated for the use of non-
vehicular traffic, including pedestrians, bicyclists, and others; and 
(3) not associated with a public highway, road, or street, or a private 
roadway.
    i. ``Preliminary Engineering (PE)'' means engineering design to: 
(1) define a project, including identification of all environmental 
impacts, design of all critical project elements at a level sufficient 
to assure reliable cost estimates and schedules; (2) complete project 
management and financial plans; and (3) identify procurement 
requirements and strategies. 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 generally occurs concurrently with NEPA and related analyses, and 
prior to Final Design and Construction.
    j. ``Rural Area'' means any area that is not within an area 
designated as an urbanized area by the most recent Bureau of the 
Census.
    k. ``Track Relocation'' means moving a rail line vertically or 
laterally to a new location in order to eliminate an existing highway-
rail grade crossing. ``Vertical Relocation'' refers to raising above 
the current ground level or sinking below the current ground level of a 
rail line. ``Lateral Relocation'' refers to moving a rail line 
horizontally to a new location.
    l. ``Tribal Lands'' means any lands reserved for a Federally-
recognized Native American tribe or tribes under treaty or other 
agreement with the United States, executive order, or federal statute 
or administrative action as permanent tribal homelands, and where the 
federal government holds title to the land in trust on behalf of the 
tribe.

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is 
$573,264,000.\3\ Should additional RCE Program funds become available 
after the release of this NOFO, FRA may elect to award such additional 
funds to applications received under this NOFO.
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    \3\ Of the $600,000,000 in funding made available in Title J of 
IIJA, $14,736,000 will be separately made available for Special 
Transportation Circumstances grants and $12,000,000 will be set 
aside for award and program oversight conducted by FRA.
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    Further, certain funding amounts are set-aside for the following 
purposes under this NOFO:
    (a) Planning Projects--At least three percent of the total grant 
funds available, or $18,000,000, will be made available for planning 
projects described in 49 U.S.C. 22909(d)(6). At least 25 percent of 
these funds, or $4,500,000 will be made available for projects located 
in Rural Areas or on Tribal Lands.
    (b) Rural or Tribal set aside--At least 20 percent of the total 
grant funds available, or $114,652,800, will be made available for 
projects located in Rural Areas or on Tribal Lands, as required by 49 
U.S.C. 22909(f)(3)(A). At least five percent of these funds, or 
$5,732,640 will be made available for projects in counties with 20 or 
fewer residents per square mile, according to the most recent decennial 
census, provided that sufficient eligible applications have been 
submitted.
    In addition, FRA will make at least $1,500,000 available for grants 
that carry out Highway-Rail Grade Crossing safety information and 
education programs.

2. Award Size

    FRA will not award grants for less than $1,000,000, except for a 
planning project, as described in section 49 U.S.C. 22909(d)(6). There 
are no predetermined maximum dollar thresholds for individual awards, 
but no more than 20% of the grant funds available ($114,652,800) will 
be awarded for projects in any single State. FRA anticipates making 
multiple awards with the available funding. Given the limited amount of 
funding currently available, 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). Projects may 
require more funding than is available. FRA encourages applicants to 
propose a project that has operational independence, or a component of 
such project, that 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.)

3. Award Type

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

[[Page 40338]]

L19057. This template is subject to revision.

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 other 
program(s) to which they submitted an application for funding the 
entire project or certain project components, as well as highlight new 
or revised information in the application responsive to this NOFO that 
differs from the previously submitted application(s).

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost 
sharing and matching requirements, project eligibility, and project 
component operational independence. Applications that do not meet the 
requirements in this section are 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, Puerto Rico, and 
other United States territories and possessions;
    b. A political subdivision of a State;
    c. A federally recognized Indian Tribe.
    d. A unit of local government or a group of local governments.
    e. A public port authority.
    f. A metropolitan planning organization.
    g. A group of entities described in any of paragraphs (1) through 
(6).
    Grants under the RCE Program are not subject to the limitation in 
49 U.S.C. 22905(f) and may therefore be awarded for commuter rail 
passenger transportation projects. FRA will transfer such projects to 
the Federal Transit Administration to administer.
    The applicant serves as the primary point of contact for the 
application, and if selected, as the recipient of the RCE Program grant 
award. An application may identify entities that are not eligible 
applicants as project partners.

2. Cost Sharing or Matching

    The Federal share of total costs for RCE Program 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, and environmental 
analyses. Additionally, in preparing estimates of total project costs, 
applicants may use FRA's cost estimate guidance, ``Capital Cost 
Estimating: Guidance for Project Sponsors,'' which is available at: 
https://www.fra.dot.gov/Page/P0926.
    The minimum 20 percent non-Federal share may be comprised of public 
sector funding (e.g., state, or local) or private sector funding. FRA 
will not consider any Federal financial assistance \4\ or any non-
Federal funds already expended (or otherwise encumbered) toward the 
matching requirement, unless compliant with 2 CFR part 200. In-kind 
contributions, including the donation of services, materials, and 
equipment, may be credited as a project cost, in a uniform manner 
consistent with 2 CFR 200.306. In addition, applicants may count costs 
incurred for Preliminary Engineering associated with Highway-Rail Grade 
Crossing and Pathway-Rail Grade Crossing Improvement Projects as part 
of the total project costs. Such costs are eligible as non-Federal 
share or for reimbursement, even if they were incurred before project 
selection for award, consistent with 49 U.S.C. 22909(g).\5\ Such costs 
must have been incurred no earlier than November 15, 2021 and must be 
otherwise compliant with 2 CFR part 200 and the requirements of this 
RCE Program.
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    \4\ See Section D(2)(a)(iii) for supporting information required 
to demonstrate eligibility of Federal funds for use as match.
    \5\ FRA interprets the language in 49 U.S.C. 22909(g) to permit 
FRA to reimburse grantees for Preliminary Engineering costs incurred 
before the date of project selection, if the costs would be 
permitted as part of total project costs if incurred after the date 
of project selection and are consistent with 2 CFR part 200.
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    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See Section D(2)(a)(iii) 
for required application information on non-Federal match 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 
consistent with 2 CFR 200.458, as applicable. See Section D(6). Cost 
sharing or matching may be used only for eligible expenses under the 
Program and are subject to the requirements of the Federal award.

3. Other

a. Project Eligibility
    The following Highway-Rail or Pathway-Rail Grade Crossing 
Improvement Projects that focus on improving the safety and mobility of 
people and goods are eligible for funding under 49 U.S.C. 22909(d), and 
this NOFO:
    (1) Grade separation or closure, including through the use of a 
bridge, embankment, tunnel, or combination thereof;
    (2) Track relocation;
    (3) The improvement or installation of protective devices, signals, 
signs, or other measures the improve safety, provided that such 
activities are related to a separation or relocation project described 
in paragraph (1) or (2);
    (4) Other means to improve the safety and mobility of people and 
goods at highway-rail grade crossings (including technological 
solutions); \6\
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    \6\ Highway-Rail Grade Crossing Safety Information and Education 
Programs are eligible under this category.
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    (5) A group of related projects described in paragraphs (1) through 
(4) that would collectively improve the mobility of people and goods; 
or
    (6) The planning, environmental review, and design of an eligible 
project described in paragraphs (1) through (5).\7\
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    \7\ Projects under this section are eligible independently, or 
together with construction of a project in paragraph (1) through 
(5).
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b. Project Component Operational Independence
    If an applicant requests funding for a project that is a component 
or set of components of a larger project, then the project component(s) 
must be attainable with the award amount and must 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).
c. Rural or Tribal Lands Project
    FRA will consider a project to be in a Rural Area or on Tribal 
Lands if all or the majority of the project (determined by geographic 
location(s) where the majority of the project funds will be spent) is 
located in a Rural Area or on Tribal Lands. However, in the event FRA 
elects to fund a component of the project, then FRA will reevaluate 
whether the project is in a Rural Area or on Tribal Lands.

[[Page 40339]]

D. Application and Submission Information

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

1. Address To Request Application Package

    Application materials may be accessed at https://www.Grants.gov. 
Applicants must submit all application materials in their entirety 
through https://www.Grants.gov no later than 5:00 p.m. ET, on October 
4, 2022. 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 at 
<a href="/cdn-cgi/l/email-protection#bcd0ddc9cedd92d1ddd4d3d2d9c5fc80dd9cd4ced9da81" http: dot.gov">dot.gov</a>">laura.mahoney@dot.gov</a>; phone: 202-578-9337.

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.
    Required documents for an application package are outlined in the 
checklist below.
    i. Project Narrative (see D.2.a).
    ii. Statement of Work (see D.2.b.i).
    iii. Environmental Compliance Documentation (see D.2.b.iii).
    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.
    vii. FRA F 30--Certifications Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying.
    viii. FRA F 251--Applicant Financial Capability Questionnaire
    ix. SF LLL--Disclosure of Lobbying Activities, if applicable.
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.

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..............  See D.2.a.iv
V. Detailed Project Description........  See D.2.a.v
VI. Project Location...................  See D.2.a.vi
VII. Grade Crossing Information........  See D.2.a.vii
VIII. Evaluation and Selection Criteria  See D.2.a.viii
IX. Safety Benefit.....................  See D.2.a.ix
X. Project Implementation and            See D.2.a.x
 Management.
XI. Environmental Readiness............  See D.2.a.xi
 

    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). If possible, applicants should submit 
supporting documents via website links rather than hard copies. If 
supporting documents are submitted, applicants must clearly identify 
the relevant portion of the supporting document with the page numbers 
of the cited information in the Project Narrative. The Project 
Narrative must adhere to the following outline.
    i. Cover Page: Include a cover page that lists the following 
elements in either a table or formatted list:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project Title...........................
Applicant...............................
Federal Funding Requested Under this      $:
 NOFO.
Proposed Non-Federal Match..............  $: In-Kind:
Does some or all of the proposed Non-     If yes, how much?
 Federal Match for the total project
 cost consist of preliminary engineering
 costs incurred before project
 selection?.
Other Sources of Federal funding, if      Source:
 applicable.                              $:
Total Project Cost......................  $:
Was a Federal Grant Application           Yes/No.
 Previously Submitted for this Project?.  If yes, please specify the
                                           program, funding year and
                                           project title of the previous
                                           application.
City(-ies), State(s) Where the Project    ..............................
 is Located.
Congressional District(s) Where the
 Project is Located.
Is this project identified in:..........  Yes/No.
                                          If Yes, please specify in
                                           which plans the project is
                                           currently identified, and
                                           provide the identifying
                                           number if applicable.
    <bullet> The freight investment plan
     component of a State freight plan,
     as required under Section
     70202(b)(9),.
    <bullet> A State rail plan prepared
     in accordance with Chapter 227; or.
    <bullet> A State highway-rail grade
     crossing action plan, as required
     under section 11401(b) of Passenger
     Rail Reform and Investment Act of
     2015 (title XI of Public Law 114-
     94).
Is the Project Located in a Rural Area
 or on Tribal Land?.
Is the project eligible for a funding     If yes, please specify which
 set-aside in Section B.1?.                one [Planning Projects,
                                           Safety Information and
                                           Education Program, Rural or
                                           Tribal Set-Aside].

[[Page 40340]]

 
If the Project is located in a Rural
 Area or Tribal Land, is the Project
 Located in a county with 20 or fewer
 residents per square mile, according to
 the most recent decennial census.
U.S. DOT Crossing Number(s) \8\ (if
 applicable).
 
Is the Project located on real property   If yes, list real property
 owned by someone other than the           owners and the nature of the
 applicant?.                               property interest.
------------------------------------------------------------------------

    ii. Project Summary: Provide a brief 4-6 sentence summary of the 
proposed project and what the project will entail. Include challenges 
the proposed project aims to address and summarize the intended 
outcomes and anticipated benefits that will result from the proposed 
project.
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    \8\ https://railroads.dot.gov/safety-data/crossing-and-inventory-data/crossing-inventory-lookup.
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    iii. Project Funding: Indicate in table format the amount of 
Federal funding requested, the proposed non-Federal match, and total 
project cost. Identify the source(s) of matching and other funds, and 
clearly and distinctly reflect these funds as part of the total project 
cost in the application budget. Specifically, identify the financial 
support, if any, from impacted rail carriers. Include funding 
commitment letters outlining funding agreements, as attachments or in 
an appendix. 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. If applicable, provide the type and estimated value of any 
proposed in-kind contributions, as well as substantiate how the 
contributions meet the requirements in 2 CFR 200.306. Finally, specify 
whether Federal funding for the project has previously been sought, and 
identify the Federal program and fiscal year of the funding request(s), 
as well as highlight new or revised information in the RCE Program 
application that differs from the application(s) to other financial 
assistance programs. If costs incurred for Preliminary Engineering 
activities, consistent with Section C.2 are proposed as match, describe 
the activities including the date(s) costs were incurred.

                                          Example Project Funding Table
----------------------------------------------------------------------------------------------------------------
                                          Task name/project                                Percentage of total
               Task No.                       component                   Cost                     cost
----------------------------------------------------------------------------------------------------------------
1....................................
2....................................
---------------------------------------------------------------
Total Project Cost
Federal Funds Received from Previous
 Grant
Federal Funding Request Under this
 NOFO
Non-Federal Funding/Match              Cash:..................
                                       In-Kind:...............
                                       Preliminary Engineering
                                        costs, consistent with
                                        Section C.2:.
Portion of Non-Federal Funding from
 the Private Sector
Please list amounts per source
Portion of Total Project Costs Spent
 in a Rural Area or on Tribal Lands
Pending Federal Funding Requests
----------------------------------------------------------------------------------------------------------------

    iv. Applicant Eligibility: Explain how the applicant meets the 
applicant eligibility criteria outlined in Section C of this notice 
including where appropriate citations to applicable enabling 
legislation for the applicant.
    v. Detailed Project Description: Include a detailed project 
description that expands upon the brief project summary. This detailed 
description should provide, at a minimum: additional background on the 
challenges the project aims to address; the expected outcomes; the 
expected users and beneficiaries of the project, including all railroad 
operators; the specific components and elements of the project; and any 
other information the applicant deems necessary to justify the proposed 
project. For all projects, applicants must provide information about 
proposed performance measures, as described in Section F(3)(c) and 
required in 2 CFR 200.301. . Applicants should specify whether the 
project will result in the elimination of one or more grade crossings 
through grade separation or otherwise.
    vi. Highway-Rail Grade Crossing Safety Information and Education 
Programs:--For these projects, specify how the program will help 
prevent and reduce pedestrian, motor vehicle and other accidents, 
incidents, injuries and facilities, and how the program will help 
improve awareness along railroad rights-of-way and at highway-rail 
grade crossings.
    vii. Project Location: Include geospatial data for the project, as 
well as a map of the project's location. Geospatial data can be 
expressed in terms of decimal degrees for latitude and longitude of at 
least five decimal places of precision or start and end

[[Page 40341]]

mileposts designating railroad code and subdivision name. On the map, 
include the Congressional districts in which the project will take 
place.
    viii. Grade Crossing Information: Cite specific DOT National Grade 
Crossing Inventory information, including the railroad that owns the 
infrastructure (or the crossing owner, if different from the railroad), 
the primary railroad operator, the DOT crossing inventory number, and 
the roadway at the crossing. Applicants can search for data to meet 
this requirement at the following link: http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx.
    ix. Evaluation and Selection Criteria: Include a thorough 
discussion of how the proposed project meets all of the evaluation and 
selection criteria, as outlined in Section E of this notice. If an 
application does not sufficiently address the evaluation criteria and 
the selection criteria, it is unlikely to be a competitive application.
    x. Safety Benefit: Applicants are strongly encouraged to submit 
safety justifications for the project that rely on standardized, 
objective safety metrics and data, if available, including data from 
sources such as: GradeDec.Net; National Risk Index; 49 CFR part 234; 
safety metrics found in Appendix D of 49 CFR part 222; the FRA crossing 
incident dashboard (FRA Safety Data & Reporting [verbar] FRA 
(dot.gov)); or other relevant safety data or metrics.
    xi. DOT Strategic Goals: To the extent feasible, and consistent 
with the selection criteria described in Section F.2, applicants should 
describe efforts to consider climate change and sustainability impacts, 
as well as efforts to improve equity and reduce barriers to opportunity 
in project planning. In addition, applicants should describe how 
planning activities and project delivery actions advance good-paying, 
quality jobs and workforce programs and hiring policies that promote 
workforce inclusion.
    xii. Project Implementation and Management: Describe proposed 
project implementation and project management arrangements, including 
between the applicant and project partners, if any. Include 
descriptions of the expected arrangements for project contracting, 
contract oversight and control, change-order management, risk 
management, and conformance to Federal requirements for project 
progress reporting (see https://www.fra.dot.gov/Page/P0274). Describe 
past experience in managing and overseeing similar projects.
    xiii. Environmental Readiness: 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 a final Categorical Exclusion, Finding of No 
Significant Impact, or 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-related milestones. If 
the last agency action with respect to NEPA documents occurred more 
than three years before the application date, the applicant should 
describe why the project has been delayed and why NEPA documents have 
not been updated and include a proposed approach for verifying and, if 
necessary, updating this material in accordance with applicable NEPA 
requirements. Additional information regarding FRA's environmental 
processes and requirements are located at https://www.fra.dot.gov/environment.
b. Additional Application Elements
    Applicants must submit:
    i. A Statement of Work (SOW) addressing the scope, schedule, 
budget, and performance measures for the proposed project if it were 
selected for award. The SOW must contain sufficient detail so FRA, and 
the applicant, can understand the expected outcomes of the proposed 
work to be performed and can monitor progress toward completing project 
tasks and deliverables during a prospective grant's period of 
performance. Applicants must submit an SOW, schedule, budget, and 
performance measures to be considered for award. These four required 
documents are labeled Example General Grants--Attachments 2-5 and are 
located at https://www.fra.dot.gov/Page/P0325. Applications that do not 
include all four of the grant package templates will be considered 
incomplete and will not be reviewed. 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.
    ii. Environmental compliance documentation, as applicable, if a 
website link is not cited in the Project Narrative.
    iii. SF 424--Application for Federal Assistance.
    iv. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
    v. SF 424B--Assurances for Non-Construction or SF 424D--Assurances 
for Construction.
    vi. FRAF 30--Certifications 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.
    vii. FRA F 251--Applicant Financial Capability Questionnaire, 
located at https://railroads.dot.gov/elibrary/fra-f-251.
    viii. SF LLL--Disclosure of Lobbying Activities, if applicable.
    Standard OMB Forms needed for the electronic application process 
are at www.Grants.gov.
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 as described in detail below. 
Complete instructions on how to register and submit an application can 
be found at www.Grants.gov. Registering with Grants.gov is a one-time 
process; however, it can take up to several weeks for first-time 
registrants to receive confirmation and a user password. FRA recommends 
that applicants start the registration process as early as possible to 
prevent delays that may preclude submitting an application package by 
the application deadline. Applications will not be accepted after the 
due date. Delayed registration is not an acceptable justification for 
an application extension.
    FRA may not make a grant award to an applicant until the applicant 
has complied with all applicable SAM requirements. If an applicant has 
not fully complied with these 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 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

[[Page 40342]]

an applicant has not fully complied with the requirements by the 
submission deadline, the application will not be considered. To submit 
an application through Grants.gov, applicants must:
a. Register With the SAM at www.SAM.gov
    All applicants for Federal financial assistance must maintain 
current registrations in the SAM database. An applicant must be 
registered in SAM to successfully register in Grants.gov. The SAM 
database is the repository for standard information about Federal 
financial assistance applicants, recipients, and 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 recipient'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 stopped 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/web/grants/applicants/organization-registration.html.
d. Acquire Authorization for Your AOR From the E-Business Point of 
Contact (E-Biz POC)
    The E-Biz POC at the applicant's organization must respond to the 
registration email from Grants.gov and login at www.Grants.gov to 
authorize the applicant as the AOR. Please note there can be more than 
one AOR for an organization.
e. Submit an Application Addressing All 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: http://www.grants.gov/web/grants/applicants/apply-for-grants.html.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 5:00 p.m. ET, October 4, 2022. Applicants will receive a 
system-generated acknowledgement of receipt. FRA reviews www.Grants.gov 
information on dates/times of applications submitted to determine 
timeliness of submissions. Late applications will be neither reviewed 
nor considered. Delayed registration is not an acceptable reason for 
late submission. To apply for funding under this announcement, all 
applicants are expected 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, the 
following conditions are not valid reasons to permit late submissions: 
(1) failure to complete the Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; 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. 
Under 2 CFR 200.458, grant recipients must seek written approval from 
FRA for pre-award activities to be eligible for reimbursement under the 
grant. Activities initiated prior to the execution of a grant or 
without FRA's written approval may be ineligible for reimbursement or 
matching contribution. Cost sharing or matching may be used only for 
authorized Federal award purposes.

7. Other Submission Requirements

    For any supporting application materials that an applicant cannot 
submit via Grants.gov, such as oversized engineering drawings, an 
applicant may submit an original and two (2) copies to Douglas Gascon, 
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, FRA advises applicants to use 
other means of conveyance (such as courier service) to assure timely 
receipt of materials before the application deadline. Additionally, if 
documents can be obtained online, explaining to FRA how to access files 
on a referenced website may also be sufficient.
    Note: Please use generally accepted formats such as .pdf, .doc, 
.docx, .xls, .xlsx and .ppt, when uploading attachments. While 
applicants may embed picture files, such as .jpg, .gif, and .bmp in 
document files, applicants should not submit attachments in these 
formats. Additionally, the following formats will not be accepted: 
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, 
.sys, and .zip.

E. Application Review Information

1. Criteria

a. Eligibility, Completeness, and Applicant Risk Review
    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 the 20 
percent minimum non-Federal match.
    FRA will then consider applicant risk, including the applicant's 
past performance in developing and delivering similar projects.

[[Page 40343]]

b. Evaluation Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria outlined in this section to determine project 
benefits and technical merit.
i. Project Benefits
    FRA will evaluate application information for the extent to which 
the proposed project --
    (A) Improves safety at Highway-Rail or Pathway Rail Grade 
Crossings;
    (B) Proposes to grade separate, eliminate, or close one or more 
Highway-Rail or Pathway-Rail Grade Crossings;
    (C) Improves the mobility of both people and goods;
    (D) Reduces emissions, protects the environment, and provides 
community benefit (including noise reduction);
    (E) Improves access to emergency services;
    (F) Improves access to communities;
    (G) Provides economic benefit; and
    (H) Uses contracting incentives to employ local labor, to the 
extent permissible under Federal law.
ii. Technical Merit
    FRA will evaluate application information for the degree to which 
--
    (A) The tasks and subtasks outlined in the statement of work (SOW) 
are appropriate to achieve the expected outcomes of the proposed 
project;
    (B) The application demonstrates strong project readiness and 
ability to meet RCE Program requirements;
    (C) 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 fully and successful execute 
the proposed project within the proposed time frame and budget;
    (D) The project is identified in the freight investment plan 
component of a state freight plan, a state rail plan, a state highway-
rail grade crossing action plan, a state freight plan, or other 
equivalent document;
    (E) The project will use innovative technologies, innovative design 
and construction techniques, or construction materials that reduce 
greenhouse gas emissions;
    (F) The project will use financial support from impacted rail 
carriers; and
    (G) The project will improve the mobility of multiple modes of 
transportation, including ingress and egress from freight facilities, 
or users of nonvehicular modes of transportation such as pedestrians, 
bicycles, and public transportation.
c. Selection Criteria
    After the eligibility and completeness review and the evaluation 
criteria outlined in this section, FRA will then consider the extent to 
which the projects address the following program preferences and DOT 
Strategic Goals:
(A) 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 safety at highway-rail grade crossings, 
reduces incidences of rail-related trespassing, and upgrades 
infrastructure to achieve a higher level of safety.\9\
---------------------------------------------------------------------------

    \9\ To best evaluate the safety benefit of a particular 
proposal, FRA encourages applicants to submit justifications that 
rely on standardized, objective safety metrics and data, if 
available, including: Grade Dec.Net; National Risk Index; 49 CFR 
part 234; Safety metrics found in Appendix D of 49 CFR part 222; FRA 
crossing incident dashboard (FRA Safety Data & Reporting [verbar] 
FRA (dot.gov)); and Other relevant safety data or metrics.
---------------------------------------------------------------------------

(B) Equitable Economic Strength and Improving Core Assets
    FRA will assess the project's ability to contribute to economic 
progress stemming from infrastructure investment and associated job 
creation in the industry. Such considerations will include, but are not 
limited to, the extent to which the project results in long-term job 
creation by supporting good-paying jobs directly related to the project 
with free and fair choice to join a union, such as through the use of 
project labor agreements, registered apprenticeships, and local hiring 
provisions, or other targeted preferential hiring requirements, or 
other similar standards or protections; invests in vital infrastructure 
assets and provides opportunities for families to achieve economic 
security through rail industry employment.
(C) Equity and Barriers to Opportunity
    FRA will assess the project's ability to address equity and 
barriers to opportunity, to the extent possible within the program and 
consistent with law Such considerations will include, but are not 
limited to, the extent to which the project improves or expands 
transportation options, mitigates the safety risks and detrimental 
quality of life effects that rail lines can have on communities, and 
expands workforce development and training opportunities to foster a 
more diverse rail industry. This will also include community engagement 
efforts already taken or planned, the extent to which engagement 
efforts are designed to reach impacted communities, whether engagement 
is accessible for persons with disabilities or limited English 
proficient persons within the impacted communities, and how community 
feedback is taken into account in decision-making.
(D) Climate Change and Sustainability
    In support of E.O. 14008, ``Tackling the Climate Crisis at Home and 
Abroad,'' 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 will include, 
but are not limited to, the extent to which the project reduces 
emissions, promotes energy efficiency, increases resiliency, and 
recycles or redevelops existing infrastructure.
(E) Transformation of Our Nation's Transportation Infrastructure
    FRA will assess the project's ability to expand and improve the 
nation's rail network, which needs to balance new infrastructure for 
increased capacity with proper maintenance of aging assets. Such 
considerations will include, but are not limited to, the extent to 
which the project adds capacity to congested corridors, and ensures 
assets will be improved to a state of good repair.
(F) Eliminating Crossings and Making Corridor-Wide Improvements
    FRA will assess whether the project results in the elimination of 
one or more grade crossings through grade separations, closing 
crossings through track relocation, and corridor-wide grade crossing 
improvements.
(G) Geographic Diversity
    In determining the allocation of program funds, FRA may also 
consider geographic diversity, diversity in the size of the systems 
receiving funding, and the applicant's receipt of other competitive 
awards. FRA will allocate program funds consistent with 49 U.S.C. 
22909(f)(3).

2. Review and Selection Process

    FRA will conduct a four-part application review process, as 
follows:
    a. Screen applications for applicant and project eligibility, 
completeness, the minimum match and applicant risk including past 
performance in developing and delivering similar projects;

[[Page 40344]]

    b. Evaluate remaining applications (completed by technical panels 
applying the evaluation criteria);
    c. Review and apply selection criteria and recommend initial 
selection of projects for the FRA Administrator's review (completed by 
a Senior Review Team, which includes senior leadership from the Office 
of the Secretary and FRA); and
    d. Select recommended awards for the Secretary's or his designee 
review and approval (completed by the FRA Administrator).

3. Reporting Matters Related to Integrity and Performance

    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold 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. FRA will contact applicants with successful 
applications after announcement with information and instructions about 
the award process. This notification is not an authorization to begin 
proposed project activities. FRA requires satisfaction of applicable 
requirements by the applicant and a formal agreement signed by both the 
grantee and the FRA, including an approved scope, schedule, and budget, 
before obligating the grant. See an example of standard terms and 
conditions for FRA grant awards at https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. This template is 
subject to revision.

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation: the Constitution of the United States; the relevant 
authorization and appropriations, 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 (OMB). 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 FRA determines that a recipient has failed to comply with 
applicable Federal requirements, FRA may terminate the award of funds 
and disallow previously incurred costs, requiring the recipient to 
reimburse any expended award funds. See an example of standard terms 
and conditions for FRA grant awards at https://railroads.dot.gov/elibrary/award-administration-and-grant-conditions. This template is 
subject to revision.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards at 2 CFR part 200 
subpart D--Procurement Standards; 2 CFR 1207.317 and 2 CFR 200.401; 
compliance with Federal civil rights laws and regulations; 
disadvantaged business enterprises requirements; debarment and 
suspension requirements; drug-free workplace requirements; FRA's and 
OMB's Assurances and Certifications; Americans with Disabilities Act; 
safety requirements; NEPA; environmental justice requirements; 
compliance with 49 U.S.C. 24905(c)(2) for the duration of NEC Projects; 
and 2 CFR 200.315, governing rights to intangible property. 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,\10\ 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 D.2.b.xi). In addition, recipients shall obtain necessary 
approvals, required under 49 U.S.C. 22909(e)(2)(A), if applicable, from 
any impacted rail carriers or real property owners before proceeding 
with the construction of a project funded by a grant under this NOFO. 
For planning projects, the applicant may submit instead an 
acknowledgment that it agrees to work collaboratively with impacted 
rail carriers and right-of-way owners. This condition applies 
notwithstanding 49 U.S.C. 22909(j)(2) and 49 U.S.C 22905(e)(1).
---------------------------------------------------------------------------

    \10\ FRA has posted guidance at https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1 to assist grantees implementing 
the protective arrangements.
---------------------------------------------------------------------------

    Grants under the RCE Program are not subject to the limitation in 
49 U.S.C. 22905(f) and may therefore be awarded for commuter rail 
passenger transportation projects. FRA will transfer such projects to 
the Federal Transit Administration to administer, consistent with 49 
U.S.C. 22909(j).
    Projects that have not sufficiently considered climate change and 
sustainability in their planning, as determined by FRA, will be 
required to do so before receiving funds for construction, consistent 
with Executive Order 14008, Tackling the Climate Crisis at Home and 
Abroad (86 FR 7619). In the grant agreement, recipients will be 
expected to describe activities they have taken, or will take prior to 
obligation of construction funds that addresses climate change and 
environmental justice (EJ). Activities that address climate change 
include, but are not limited to, demonstrating: the project will result 
in significant greenhouse gas emissions reductions; the project 
supports emissions reductions goals in a Local/Regional/State plan; and 
the project primarily focuses on funding for state of good repair and 
clean transportation options, including public transportation,

[[Page 40345]]

walking, biking, micro-mobility. Activities that address EJ include, 
but are not limited to: basing project design on the results of a 
proven EJ screening tool (developed by another Federal agency such as 
the EPA, a state agency, etc.); conducting enhanced, targeted outreach 
to EJ communities; considering EJ in alternatives analysis and final 
project design; and supporting a modal shift in freight or passenger 
movement to reduce emissions or reduce induced travel demand.
    Projects must consider and address equity and barriers to 
opportunity in their planning, as determined by FRA, and as a condition 
of receiving construction funds, consistent with Executive Order 13985, 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (86 FR 7009). The grant agreement should include 
the recipient's description of activities they have taken, or will take 
prior to obligation of construction funds that addresses equity and 
barriers to opportunity. These activities may include, but are not 
limited to: completing an equity impact analysis for the project; 
adopting an equity and inclusion program/plan; conducting meaningful 
public engagement to ensure underserved communities are provided an 
opportunity to be involved in the planning process; including 
investments that either redress past barriers to opportunity or that 
proactively create new connections and opportunities for underserved 
communities; hiring from local communities; improving access to or 
providing economic growth opportunities for underserved, overburdened, 
or rural communities; or addressing historic or current inequitable air 
pollution or other environmental burdens and impacts.
    Each applicant selected for grant funding should ensure planning 
activities and project delivery actions advance good-paying, quality 
jobs and workforce programs and hiring policies that promote workforce 
inclusion, 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 must support: (a) strong labor standards and the choice to 
join a union,\11\ including project labor agreements and distribution 
of workplace rights notices; (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 apprenticeship; and 
(c) comprehensive planning and policies to promote hiring and inclusion 
for all groups of workers, including through the use of local and 
economic hiring preferences, linkage agreements with workforce programs 
that serve these underrepresented groups, and proactive plans to 
prevent harassment.\12\
---------------------------------------------------------------------------

    \11\ Federal funds may not be used to support or oppose union 
organizing, whether directly or as an offset for other funds.
    \12\ IIJA div. B Sec.  25019 provides authority for funds made 
available under title 49 and title 23 to use geographical and 
economic hiring preferences, including local hire, for construction 
jobs, subject to any applicable State and local laws, policies, and 
procedures.
---------------------------------------------------------------------------

    Consistent with E.O. 11246, Equal Employment Opportunity (30 FR 
12319, and as amended), all federally-assisted contractors are required 
to make good faith efforts to meet the goals of 6.9% 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. The U.S. Department of Labor's Office of 
Federal Contract Compliance Programs (OFCCP) has a Mega Construction 
Project Program through which it engages with project sponsors as early 
as the design phase to help promote compliance with non-discrimination 
and affirmative action obligations. Through the program, OFCCP offers 
contractors and subcontractors extensive compliance assistance, 
conducts compliance evaluations, and helps to build partnerships 
between the project sponsor, prime contractor, subcontractors, and 
relevant stakeholders. OFCCP will identify projects that receive an 
award under this notice and are required to participate in OFCCP's Mega 
Construction Project Program from a wide range of federally assisted 
projects over which OFCCP has jurisdiction and that have a project cost 
above $35 million. DOT will require project sponsors with costs above 
$35 million that receive awards under this funding opportunity to 
partner with OFCCP, if selected by OFCCP, as a condition of their DOT 
award. Under that partnership, OFCCP will ask these project sponsors to 
make clear to prime contractors in the pre-bid phase that project 
sponsor's award terms will require their participation in the Mega 
Construction Project Program. Additional information on how OFCCP makes 
their selections for participation in the Mega Construction Project 
Program is outlined under ``Scheduling'' on the Department of Labor 
website: https://www.dol.gov/agencies/ofccp/faqs/construction-
compliance.''
Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats. Each applicant selected for Federal funding under this 
notice must demonstrate, prior to the signing of the grant agreement, 
efforts to consider and address physical and cybersecurity risks 
relevant to the transportation mode and type and scale of the project. 
Projects that have not appropriately considered and addressed physical 
and cyber security and resilience in their planning, design, and 
project oversight, as determined by the Department and the Department 
of Homeland Security, will be required to do so before receiving funds 
for construction consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience and the National 
Security Presidential Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems.
Domestic Preference Requirements
    Assistance under this NOFO is subject to the Buy America 
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America 
Act, Public Law 117-58, 70901-52. In addition, as expressed in 
Executive Order 14005, Ensuring the Future Is Made in All of America by 
All of America's Workers (86 FR 7475), it is the policy of the 
executive branch to maximize, consistent with law, the use of goods, 
products, and materials produced in, and services offered in, the 
United States. FRA expects all applicants to comply with that 
requirement without needing a waiver. However, to obtain a waiver, a 
recipient must be prepared to demonstrate how they will maximize the 
use of domestic goods, products, and materials in constructing their 
project.
Civil Rights and Title VI
    Recipients of Federal transportation funding will be required to 
comply fully with Title VI of the Civil Rights Act of 1964 and 
implementing regulations (49 CFR 21), the Americans with Disabilities 
Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and 
all other civil rights requirements. The Department's and FRA's Office 
of Civil Rights may provide resources and technical assistance to 
recipients to ensure full and sustainable compliance with Federal civil 
rights requirements.

[[Page 40346]]

Performance and Program Evaluation
    Recipients and subrecipients 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 their progress towards meeting an 
agency priority goal(s). 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 
subrecipients 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.'' 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 receiving an award, evaluation costs are 
allowable costs (either as direct or indirect), unless prohibited by 
statute or regulation, and such costs may include the personnel and 
equipment needed for data infrastructure and expertise in data 
analysis, performance, and evaluation. (2 CFR part 200).

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 Federal share of any Federal award under this NOFO may 
include more than $500,000 over the period of performance, applicants 
are informed of the post award reporting requirements reflected in--
Award Term and Condition for Recipient Integrity and Performance 
Matters.
c. Performance Reporting
    Each applicant selected for funding must collect information and 
report on the project's performance using measures mutually agreed upon 
by FRA and the grantee to assess progress in achieving strategic goals 
and objectives.

H. Federal Awarding Agency Contacts

    For further information related to this notice, please contact 
Douglas Gascon, Office of Policy and Planning, Federal Railroad 
Administration, 1200 New Jersey Avenue SE, Room W38-212, Washington, DC 
20590; <a href="/cdn-cgi/l/email-protection#284c475d4f44495b064f495b4b474668144908405a4d4e15" http: dot.gov">dot.gov</a>">douglas.gascon@dot.gov</a>; 202-493-0239.

I. 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 and sets forth 
rules for FRA to make requested materials, information and records 
publicly available under 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 consistent with 49 U.S.C 22909(i), FRA will post 
online a list of all eligible applicants submitting an application, a 
list of all proposed projects and applicants that FRA determines are 
ineligible, and a list of the grant recipients that were selected to 
receive grant funding under the RCE Program on an annual basis. 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. 2022-14344 Filed 7-5-22; 8:45 am]
BILLING CODE 4910-06-P


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