23 June 2009

[Federal Register: June 23, 2009 (Volume 74, Number 119)] [Notices] [Page 29899-29929] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr23jn09-105] [[Page 29899]] ----------------------------------------------------------------------- Part IV Department of Transportation ----------------------------------------------------------------------- Federal Railroad Administration ----------------------------------------------------------------------- High-Speed Intercity Passenger Rail (``HSIPR'') Program; Notice [[Page 29900]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2009-0045] High-Speed Intercity Passenger Rail (``HSIPR'') Program AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of funding availability; issuance of interim program guidance. ----------------------------------------------------------------------- SUMMARY: On April 16, 2009, President Obama, together with Vice President Biden and Secretary of Transportation LaHood, announced a new vision for developing high-speed rail in America. They called for a collaborative effort among the Federal Government, States, railroads, and other key stakeholders to help transform America's transportation system through a national network of high-speed rail corridors. This notice builds on this ``Vision for High-Speed Rail'' (available on FRA's Web site) by detailing the application requirements and procedures for obtaining funding for high-speed rail projects under the American Recovery and Reinvestment Act of 2009 (ARRA) and the Department of Transportation Appropriations Acts of 2008 and 2009 (FY 2008/2009 DOT Appropriations Acts), while laying the foundation for a longer-term program to establish a network of high-speed rail corridors. The evaluation and selection criteria in this notice are intended to prioritize projects that deliver transportation, economic recovery and other public benefits, including energy independence, environmental quality, and livable communities; ensure project success through effective project management, financial planning and stakeholder commitments; and emphasize a balanced approach to project types, locations, innovation, and timing. This notice describes multiple funding paths to accommodate projects at different stages of development, while also rationalizing the variety of statutory and administrative requirements underpinning the program. FRA recognizes the unique challenges and opportunities presented, and will seek, to the maximum extent permitted under law and administrative procedures, to work collaboratively with applicants and stakeholders throughout the process. DATES: Public comments. Public comments on this notice are due no later than July 10, 2009. Preapplications. Preapplications for all funding Tracks are due no later than July 10, 2009. (FRA encourages earlier submission of preapplications). Applications. Applications for funding for Track 1 (Projects), Track 3 (Planning), and Track 4 (FY2009 Appropriations Projects) are due no later than August 24, 2009; applications for funding Track 2 (Service Development Programs) are due no later than October 2, 2009. (See Section 1.6 in the SUPPLEMENTARY INFORMATION section of this notice for descriptions of each funding Track, and Section 4.3.6 in the SUPPLEMENTARY INFORMATION section of this notice for additional information on deadlines for both preapplications and applications.) FRA reserves the right to modify these deadlines, based on comments received on this notice. ADDRESSES: Public comments. To ensure that comments are not entered into the docket more than once, please submit comments, identified by docket number [FRA-2009-0045], by only one of the following methods: Web site: The U.S. Government electronic docket site is http://www.regulations.gov. Go to this Web site and follow the instructions for submitting comments into docket number [FRA-2009- 0045]; Mail: Mail comments to U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Docket Operations, MS-30, Room W12-140, Washington, DC 20590; Hand delivery or courier: Bring comments to the U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Docket Operations, West Building Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or Fax: Telefax comments to 202-493-6330. Instructions for submitting public comments: The agency name (Federal Railroad Administration) and the docket number [FRA-2009-0045] for this notice must be submitted with any comments. If comments are submitted by mail or by hand, please submit two copies of the comments. For confirmation that the Federal Railroad Administration has received the comments, a self-addressed stamped postcard must be included. Note that all comments received by any method will be posted without change to http://www.regulations.gov, including any personal information provided, and will be available to Internet users. The Department's complete Privacy Act Statement is available for review in the Federal Register published April 11, 2000, (65 FR 19477), or by visiting http:/ /www.regulations.gov. Preapplications. Preapplications must be submitted to the HSIPR Program Manager electronically via e-mail at HSIPR@dot.gov. Pre- applicants should receive a confirmation e-mail, but are advised to request a return receipt to confirm transmission. Only preapplications received via e-mail as provided above shall be deemed properly filed. Applications. Applications and supporting documentation must be submitted through http://www.grantsolutions.gov. If problems with http://www.grantsolutions.gov are encountered, applications and supporting documentation may be submitted to the HSIPR Program Manager electronically via e-mail at HSIPR@dot.gov. Supporting materials that cannot be submitted electronically may be mailed or hand delivered to: U.S. Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue, MS-20, Room W38-202, SE., Washington, DC 20590 Attn. HSIPR Program. Applicants are encouraged to use special courier services to avoid shipping delays. Pre-application and application forms are available at http://www.fra.dot.gov/us/content/2243. FOR FURTHER INFORMATION CONTACT: For further information regarding this notice and the grants program, please contact the FRA HSIPR Program Manager via e-mail at HSIPR@dot.gov, or by mail: U.S. Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue, MS-20, SE., Washington, DC 20590 Attn. HSIPR Program. SUPPLEMENTARY INFORMATION: Table of Contents Overview 1. Funding Opportunity Description 2. Award Information 3. Eligibility Information 4. Application and Submission Information 5. Application Review Information 6. Award Administration Information 7. FRA Contacts List of Acronyms Appendix 1: Additional Information on Eligibility Appendix 2: Additional Information on Planning and Engineering Appendix 3: Additional Information on Award Administrations and Grant Conditions Overview FRA is soliciting public comment on this document through Docket Number FRA-2009-0045 (http://www.regulations.gov). While the interim guidance in this document does not [[Page 29901]] constitute a rulemaking, FRA will consider all comments received by July 10, 2009 and will publish any resultant clarifications or revisions to this document in the Federal Register and on FRA's Web site (http://www.fra.dot.gov). FRA began this comment process during its outreach sessions in May and June, in which over 1,100 stakeholders attended seven sessions around the country; in addition, a public docket was established for comment, and 110 comments were received as of June 15, 2009. FRA has already adjusted the approach contained herein based on this initial feedback. Preapplications are required and the deadline for submissions (for all Tracks) is July 10, 2009. Applications may not be considered if preapplications are received after July 10, 2009; FRA encourages submission of preapplications earlier than the July 10 deadline. FRA will work with pre-applicants if necessary during the period prior to the application deadlines to ensure eligibility, appropriateness of application Track, and structure of project or program; applicants should work on completing full grant applications concurrent with preparation and review of preapplications. Deadlines for submission of full grant applications under the four Tracks (see Section 1.6 for track descriptions) are: Track 1 (Projects), Track 3 (Planning), and Track 4 (FY2009 Appropriations Projects)--August 24, 2009; Track 2 (High-Speed Rail/Intercity Passenger Rail Service Development Programs)--October 2, 2009. To give prospective applicants adequate time to complete their applications (while incorporating any guidance clarifications or revisions), FRA may adjust application dates to allow for a minimum of 30 days for application submission following any material changes to guidance that arise from comments. For full details on these deadlines and how to satisfy them, prospective applicants should consult Section 4.3.6 of this guidance. Section 1: Funding Opportunity Description 1.1 Authority This program guidance and financial assistance announcement pertains to FRA's new High-Speed Intercity Passenger Rail Program (``HSIPR''), which consolidates the following recently-authorized and closely-related programs: The High-Speed Rail Corridor Development program, authorized under Section 501 of the Passenger Rail Investment and Improvement Act of 2008 (``PRIIA,'' Division B of Pub. L. 110-432, October 16, 2008, codified at 49 U.S.C. 26106); The Intercity Passenger Rail Service Corridor Capital Assistance program, authorized under Section 301 of PRIIA (codified at 49 U.S.C. chapter 244); The Congestion Grants program, authorized under Section 302 of PRIIA (codified at 49 U.S.C. 24105); The Fiscal Year (FY) 2009 Capital Assistance to States-- Intercity Passenger Rail Service program, authorized and funded under the Department of Transportation Appropriations Act, 2009 (``FY 2009 DOT Appropriations Act,'' Title I of Division I of Pub. L. 111-8, March 11, 2009); and The FY 2008 Capital Assistance to States--Intercity Passenger Rail Service program, authorized and funded under the Department of Transportation Appropriations Act, 2008 (``FY 2008 DOT Appropriations Act,'' Title I of Division K of Pub. L. 110-161, December 26, 2007). This document incorporates both (i) interim guidance required for this program pursuant to the American Recovery and Reinvestment Act of 2009 (``ARRA,'' Pub. L. 111-5, February 17, 2009); and (ii) interim guidance required pursuant to 49 U.S.C. 24402(a)(2). The funding made available under this financial assistance announcement was appropriated under ARRA, and the FY 2008/2009 DOT Appropriations Act. The funding opportunities described in this guidance are available under Catalog of Federal Domestic Assistance (CFDA) numbers 20.317 and 20.319. 1.2 Program Description and Legislative History This program guidance and funding opportunity announcement represents the second major milestone in the implementation of the new HSIPR Program. It follows and builds upon Vision for High-Speed Rail in America, the Administration's April 2009 high-speed rail strategic plan for the implementation of this program (available at http:// www.fra.dot.gov/us/content/31). As one of President Obama's foremost transportation priorities, the HSIPR Program helps to address the nation's transportation challenges by investing in an efficient High-Speed Rail/Intercity Passenger Rail network that connects communities across America. Congress established the framework for the program through the passage of three key pieces of legislation: Capital Assistance to States--Intercity Passenger Rail Service--In the FY 2008 DOT Appropriations Act, Congress established a new pilot program for joint Federal-State intercity passenger rail capital investment, known as Capital Assistance to States--Intercity Passenger Rail Service. Under this program, $30 million in Federal funding was made available to States on a competitive basis to fund up to 50 percent of the capital cost of improving Intercity Passenger Rail service; up to 10 percent of the $30 million was available for rail corridor planning grants. An additional $90 million was appropriated under similar terms as part of the FY 2009 DOT Appropriations Act. Passenger Rail Investment and Improvement Act of 2008 (PRIIA)--Enacted in October 2008, PRIIA represents the most sweeping Congressional action on intercity passenger rail since those that created the National Railroad Passenger Corporation (Amtrak) and the Northeast Corridor Improvement Project during the 1970s. In addition to reauthorizing Amtrak, PRIIA established three new competitive grant programs for funding High-Speed Rail/Intercity Passenger Rail capital improvements, each of which, as authorized, require a 20 percent non- Federal match: [cir] Intercity Passenger Rail Service Corridor Capital Assistance (Section 301)--Under this section, the broadest of PRIIA's three new funding programs, States (including the District of Columbia), groups of States, interstate compacts, and public Intercity Passenger Rail agencies established by one or more State(s) may apply for grants for capital improvements to benefit all types of Intercity Passenger Rail service, including high-speed service. Amtrak may participate through a cooperative agreement with a State(s). To be eligible for funding under this program, proposed projects must meet a number of requirements (e.g., inclusion in a State Rail Plan). [cir] High-Speed Rail Corridor Development (Section 501)--Although similar in structure, criteria, and conditions to Section 301, eligibility for this program is restricted to projects intended to develop Federally-designated High-Speed Rail corridors for Intercity Passenger Rail services that may reasonably be expected to reach speeds of at least 110 miles per hour (mph). Applicant eligibility under Section 501 is broadened from Section 301 to include Amtrak as well. [cir] Congestion Grants (Section 302)--This program authorizes grants to States or to Amtrak (in cooperation with States) for facilities, infrastructure, and [[Page 29902]] equipment for high-priority rail corridor projects to reduce congestion or facilitate Intercity Passenger Rail ridership growth. American Recovery and Reinvestment Act of 2009 (ARRA)--The $8 billion in High-Speed Rail/Intercity Passenger Rail funding under ARRA ``jump starts'' the widespread improvement of High-Speed Rail/ Intercity Passenger Rail service in the United States. The appropriation references the authorities included in Sections 301, 302, and 501 of PRIIA but states the ``Federal share of the costs for which a grant is made * * * shall be, at the option of the recipient, up to 100 percent.'' It also does not require that proposed projects be included in a State Rail Plan (and it excludes the costs of preparing such plans from eligibility for ARRA funding). 1.3 Selection Process and Priorities The application process begins with a preapplication. The preapplication is a simple form intended to give FRA an early assessment of the universe of projects and programs, and to provide pre-applicants with any feedback necessary to complete their applications (e.g., eligibility issues, most appropriate application Track to pursue, etc.). It also allows FRA and preapplicants to start a collaborative process for ensuring early program success. Preapplications should be submitted as early as possible, but no later than July 10, 2009; applicants should not wait for submission of, or any comments on, a preapplication before preparing their full applications. In recognition of a variety of considerations, including the urgency of project implementation as reflected in ARRA and the complexities of launching a new HSIPR program, FRA considers the preapplication to be an essential component of the application submission and decision making processes. As a result, FRA will only consider applications that were not supported by a timely filed preapplication only if there are special, compelling circumstances. Complete applications for Tracks 1, 3 and 4 are due on August 24, 2009 and for Track 2 on October 2, 2009. Once an application is received, it will proceed through a three-step process. Screening for completeness and eligibility (both applicant and project eligibility); Evaluation panel review process, applying ``evaluation criteria''; and Final review and selection, applying ``selection'' criteria. See Section 5 for a full description of the review process and criteria. 1.3.1 Application Screening Screening will confirm applicant and project eligibility, and ensure that the application provides complete and sufficient information for the evaluation process. 1.3.2 Evaluation Criteria Eligible applications in all Tracks will be individually reviewed and assessed against seven evaluation criteria--organized into three categories--detailed below. For each of the applicable criteria, the application will be assigned a rating of between one and five points, based on the application's fulfillment of the objectives of each criterion. These individual criterion ratings will then be accounted according to priority of criteria (which vary by Track, as described in Section 5), to arrive at an overall rating for the application. FRA will require a rigorous analysis of benefits and costs of proposed projects, with a focus on the transportation service and output measures that are fundamental to estimating other public benefits. Applicants must provide requested benefit and cost information the best available tools in order to ensure adequate assessment of business cases for projects. --------------------------------------------------------------------------- \1\ See Section 4 for a detailed summary of submission requirements, and Section 5 for additional detail on evaluation and selection criteria. Evaluation Criteria ---------------------------------------------------------------------------------------------------------------- Evaluation criteria\1\ Example factors Key documentation ---------------------------------------------------------------------------------------------------------------- Public Return on Investment ---------------------------------------------------------------------------------------------------------------- 1. Transportation Improved Intercity Passenger Rail Service Development Plan Benefits service (including business case; assessment of Transportation network benefits and public investment). integration (including intermodal connections) Transportation safety benefits 2. Economic Recovery Preserving and creating jobs-- Quantitative output measures particularly in economically-distressed (service--reliability, schedule, areas capacity; and transportation--passenger- miles, including sources--aviation, highway, induced). 3. Other Public Benefits Environmental quality Energy efficiency Livable communities ---------------------------------------------------------------------------------------------------------------- Project Success Factors ---------------------------------------------------------------------------------------------------------------- 1. Project Management Organizational capacity Project management plan. Approach Track record of comparable Financial plan (capital and 2. Sustainability of projects operating). Benefits Adequacy of engineering Stakeholder agreements. Reasonableness of schedule Progress toward NEPA compliance Thoroughness of management plan Sufficiency of safety and security planning Sufficiency of stakeholder agreements Reasonableness of financial estimates Availability of operating financial support Quality of planning process ---------------------------------------------------------------------------------------------------------------- [[Page 29903]] Other Attributes ---------------------------------------------------------------------------------------------------------------- 1. Timeliness of Project Project readiness Project schedule. Completion Reasonableness of completion schedule ---------------------------------------------------------------------------------------------------------------- 1.3.3 Selection Criteria After being assessed against the evaluation criteria, applications for each Track will collectively be reviewed to ensure consistency and to balance projects against national priorities and schedules. For this review, the FRA Administrator may consider several cross-cutting comparative criteria before final award determinations are made. The table below summarizes these additional selection criteria. Selection Criteria ------------------------------------------------------------------------ Selection criteria (balance and diversity) Example factors ------------------------------------------------------------------------ 1. Region/location..................... Geography and economic conditions. 2. Innovation.......................... Technology and industrial/capacity development. 3. Partnerships........................ Multi-State agreements. 4. Tracks and round timing............. Project costs and schedules. ------------------------------------------------------------------------ 1.4 Program Implementation Opportunities and Challenges In addition to the fiscal constraints currently affecting States, local governments, and businesses, the development of a comprehensive High-Speed Rail/Intercity Passenger Rail network faces challenges specific to this program and the rail industry. For instance, FRA recognizes the challenges associated with the need for agreements among multiple States and with private railroad companies, as well as the shortage of engineering professionals, planners, and managers with experience in High-Speed Rail/Intercity Passenger Rail development with project implementation in the United States. The intent to establish a pipeline of future High-Speed Rail/ Intercity Passenger Rail programs and projects poses a further challenge. The traditional pipeline for major transportation investments progresses from alternatives analysis to investment planning, preliminary engineering (PE) and environmental clearance, final design (FD), construction, and operations. With very narrow exceptions, States have historically lacked a Federal funding partner in High-Speed Rail/Intercity Passenger Rail development; thus, many States have no High-Speed Rail/Intercity Passenger Rail program at all, and others find their limited High-Speed Rail/Intercity Passenger Rail development efforts stalled at various points along the typical progression. This situation necessitates a Federal funding approach that is flexible enough to support the High-Speed Rail/Intercity Passenger Rail development efforts of each State--whether, for example, the State has just initiated High-Speed Rail/Intercity Passenger Rail planning, or has prepared for capital investments to enhance existing services, or has readied itself to construct new infrastructure to accommodate new High-Speed Rail/Intercity Passenger Rail service. With such disparate situations among the States, the Federal funding approach must accommodate different situations, offering an array of possibilities to dovetail with the States' diverse aspirations, capabilities, and resources. 1.5 Environmental Review and Approval Central to High-Speed Rail/Intercity Passenger Rail Program implementation--and crucial to each applicant's choice of Track for a proposal--is the environmental review process required by the National Environmental Policy Act (NEPA) and related laws and regulations.\2\ NEPA applies to all federal grant programs and requires Federal agencies to integrate environmental values into their decision-making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. Agencies must also make information on these impacts and alternatives publicly available before decisions are made and actions occur. NEPA also mandates that all reasonable alternatives be considered, and to that end, an alternatives analysis is typically conducted during the environmental review process. --------------------------------------------------------------------------- \2\ The National Historic Preservation Act, Clean Water Act, 49 U.S.C. 303 relating to parks, wildlife refuges and historic sites (commonly referred to as Section 4(f)), and the Endangered Species Act are examples. --------------------------------------------------------------------------- FRA--as the Federal sponsoring agency--has primary responsibility for assuring NEPA compliance while accomplishing the purposes, priorities, and requirements of the HSIPR Program. While NEPA compliance is a Federal agency responsibility and the ultimate decisions remain with the Federal sponsoring agency, FRA encourages applicants to take a leadership role in NEPA documentation development, consistent with existing law and regulations. In the varied and flexible HSIPR Program, with its four Tracks and multiple authorizations, no single approach to NEPA compliance will work for every proposal and applicant. Therefore, FRA will work closely with applicants to assist in the timely and effective completion of the NEPA process in the manner most pertinent to the applicant's proposal. NEPA reviews should focus on the issues that are ripe for decision at each stage of project or program development. To help focus environmental reviews, the Council on Environmental Quality encourages agencies to tier their environmental reviews, whereby general matters or broader programs are covered in a Tier I NEPA document, such as a corridor-wide (or ``service'') environmental impact statement (EIS) or environmental assessment (EA); and narrower more site-specific projects or actions are addressed in site-specific EISs, EAs or categorical exclusion (CE) documents. 1.6 Funding Approach In order to accommodate the variety of potential applicant goals and stages of [[Page 29904]] project development, while meeting the statutory and program constraints, this guidance provides four funding ``tracks'' in which applications may be submitted. FRA has adopted this four-Track approach to aid in near-term economic recovery efforts and to establish the path to realize a fully-developed national High-Speed Rail/Intercity Passenger Rail network. The deadlines for FRA obligation and project(s) completion for each Track reflect the imperatives of ARRA, balanced with the longer-term development goals. (See DATES above.) 1.6.1 Track 1--Intercity Passenger Rail Projects Funded Under ARRA (``Track 1--Projects'') This track is aimed at chiefly addressing the economic recovery goals of ARRA through--(a) FD/construction of ``ready-to-go'' projects--i.e., those with completed site-specific NEPA documentation (project-level final EIS, final EA or CE documentation) along with PE; and (b) completion of project-level NEPA and PE to prepare projects for FD/construction grants that may be available under future solicitations. Track 1 projects should be completed within two years of award. These projects are funded through either Section 301 (Intercity Passenger Rail Corridor Capital Assistance) or Section 302 (Congestion Grants) of PRIIA, for the benefit of existing services, including those that support development of High-Speed Rail. Eligible projects include infrastructure, facilities, and equipment, and must have independent utility.\3\ The Federal funding share can be up to 100 percent, although evaluation criteria favor projects that leverage federal funding with non-federal investments. --------------------------------------------------------------------------- \3\ While ARRA-funded projects are exempt from State Rail Plan requirements, evaluation preference is given to those that are part of a planning process that includes a prioritized list of capital projects supporting a corridor service development plan; equipment projects should be consistent with Section 305 of PRIIA, which calls for the establishment of a standardized next-generation rail corridor equipment pool (see Section 3.6.3). --------------------------------------------------------------------------- 1.6.2 Track 2--High-Speed Rail/Intercity Passenger Rail Service Development Programs (``Track 2--Programs'') This track is aimed at developing new High-Speed Rail corridor and Intercity Passenger Rail services, or substantial upgrades to existing corridor services, eligible under Section 501 (High-Speed Rail Corridor Development) and Section 301 (Intercity Passenger Rail Corridor Capital Assistance) of PRIIA. It is intended to fund development of a set of inter-related projects that constitute the entirety or a distinct phase (or geographic section) of a long-range service development plan-- projects which collectively produce benefits greater than the sum of each individual project.\4\ Under this Track, not all projects need to be ready-to-go; the Federal Government provides a commitment to fund the entire program, generally through a Letter of Intent (LOI), and obligates funds for FD/construction projects through cooperative agreements as soon as they are deemed ready-to-go. Track 2 LOIs and cooperative agreements must include specific milestone deadlines for completion of environmental, engineering, design and other work. --------------------------------------------------------------------------- \4\ A group of projects that collectively advance the entirety, or a ``phase'' or ``geographic section,'' of a corridor service development plan are referred to here as a ``program.'' --------------------------------------------------------------------------- To be eligible for awards under Track 2, Service Development Programs (``SDP''--defined in Section 2.2) must include completed: (a) A corridor-wide ``service'' NEPA study, such as a programmatic or Tier I EIS; and (b) a High-Speed Rail/Intercity Passenger Rail SDP, or an equivalent approach that provides a business and investment justification with sufficient project cost and benefit estimates. Key elements of an SDP or equivalent business case include: (i) An overview of program rationale (including purpose and need); (ii) a service and operations plan, and a prioritized capital investment plan for infrastructure, fleet and stations/facilities; and (iii) an implementation approach, including schedule, project management plan, stakeholder agreements, and a financial plan for funding both capital and operations. See Appendix 2.1 for a summary of expectations for a SDP. Track 2 programs will generally address infrastructure, equipment and stations/facilities investments in a comprehensive fashion. While these programs are the most complicated and need a particularly rigorous project management approach, Track 2 programs represent the long-term emphasis of the HSIPR Program, and thus FRA expects to focus its collaborative efforts on this Track. The Federal funding share can be up to 100 percent, although evaluation criteria favor projects that leverage federal funding with non-federal investments. 1.6.3 Track 3--Service Planning Activities funded under the FY 2009 and FY 2008 DOT Appropriations Acts (``Track 3--Planning'') This track is aimed at helping establish a pipeline of future High- Speed Rail/Intercity Passenger Rail projects and service development programs by advancing planning activities for applicants at an earlier stage of the development process. Under Track 3, FRA will enter into cooperative agreements for preparation of SDPs, State Rail Plans and service-level environmental documents.\5\ This Track provides States an opportunity to complete the prerequisite work needed to submit applications under Tracks 1 and 2, so that applicants may be ready for potential future solicitations. Under the terms of the FY 2008/2009 DOT Appropriations acts, planning activities funded under this Track require a 50 percent non-Federal match. --------------------------------------------------------------------------- \5\ Project-level NEPA documents are eligible for funding under Tracks 1 and 2. --------------------------------------------------------------------------- 1.6.4 Track 4--FY2009 Appropriations-Funded Projects (``Track 4--FY2009 Appropriations Projects'') \6\ Track 4 provides an alternative for projects that would otherwise fit under Track 1, but for State applicants offering at least a 50 percent non-Federal share of financing. This Track offers applicants simplified grant agreement terms, and up to five years to complete projects (vs. two years under Track 1). Applicants providing at least a 50-percent project match are strongly encouraged to submit project applications under Track 4 (those submitting project application(s) under Track 4 may also request concurrent consideration of such application(s) under Track 1). --------------------------------------------------------------------------- \6\ A total of $90 million was appropriated under the FY 2009 DOT Appropriations Act under the heading of Capital Assistance to States--Intercity Passenger Service, of which no more than ten percent, or $9 million, may be made available for planning activities. In addition, a total of $540,500 in planning funding, and at least $1,352,573 in FD/construction funding also remained available until expended following the award of grants under the FY 2008 Capital Assistance to States--Intercity Passenger Service program. --------------------------------------------------------------------------- 1.7 Opportunity for Public Comment FRA is soliciting public comment on this document through Docket Number FRA-2009-0045 (at http://www.regulations.gov). While the interim guidance in this document does not constitute a rulemaking, FRA will consider all comments received no later than July 10, 2009 and will publish any resultant clarifications or revisions to [[Page 29905]] this document in the Federal Register and on FRA's Web site (http:// www.fra.dot.gov). FRA began this comment process during its outreach sessions in May and June, in which over 1,100 stakeholders attended seven sessions around the country; in addition, a public docket was established for comment, and 110 comments were received as of June 15, 2009. FRA has already revised the approach contained herein based on this initial feedback. To give prospective applicants adequate time to complete their applications (while incorporating any guidance clarifications or revisions), FRA may adjust application dates to allow for a minimum of 30 days for application submission following any material changes to this guidance that arise from comments. Section 2: Award Information 2.1 General Award Information ARRA appropriated a total of $8 billion under three Intercity Passenger Rail capital investment programs authorized by the PRIIA: Section 501 (High-Speed Rail Corridor Development), Section 301 (Intercity Passenger Rail Service Corridor Capital Assistance), and Section 302 (Congestion Grants). ARRA left the mix of funding among the three PRIIA programs to the discretion of the Secretary of Transportation. As described in the Department's April 2009 strategic plan for high-speed rail, Vision for High-Speed Rail in America, FRA will not allocate funding among the three PRIIA programs in advance, but will cumulate the amounts under each PRIIA section from the funding sources identified in the selected applications, subject to the overall $8 billion ARRA limit. In addition to the ARRA appropriation for High- Speed Rail/Intercity Passenger Rail, this funding opportunity announcement also solicits applications for up to $9,540,500 for Intercity Passenger Rail planning activities, and at least $82,352,573 in FD/construction funding appropriated under the FY 2008/2009 DOT Appropriations Acts.\7\ --------------------------------------------------------------------------- \7\ A total of $90 million was appropriated under the FY 2009 DOT Appropriations Act to remain available and unexpended under the heading of Capital Assistance to States--Intercity Passenger Service, of which no more than 10 percent, or $9 million, may be made available for planning activities. In addition, a total of $540,500 in planning funding, and at least $1,352,573 in FD/ construction funding also remained available until expended following the award of grants under the FY 2008 Capital Assistance to States--Intercity Passenger Service program. --------------------------------------------------------------------------- This funding and announcement solicits applications for funding appropriated through ARRA, the FY 2008/2009 DOT Appropriations Acts under the four distinct Tracks described above: Track 1--Projects (ARRA funds); Track 2--Programs (ARRA funds); Track 3--Planning (annual appropriations funds for Interstate Passenger Rail planning from FY 2009 and remaining from FY 2008); and Track 4--FY2009 Appropriations Projects (annual appropriations funds for Interstate Passenger Rail non-planning from FY 2009 and remaining from FY 2008). FRA anticipates making multiple awards under each of the four Tracks. While the entire $9,540,500 under Track 3 and at least $82,352,573 under Track 4 may be awarded, FRA may choose not to award through this solicitation the full amount available for Tracks 1 and 2, to allow for potential future rounds of solicitations and awards which occur after 2009. There is no predetermined allocation between Tracks 1 and 2 or between this and any future solicitations; all such distributions will cumulatively reflect the nature and timing of the selected applications (as referenced in Section 5, selection criteria). 2.2 Definitions of Key Terms, Concepts, and Milestones for Track Selection A prospective applicant under this solicitation should first determine into which Track the applicant's proposal would most appropriately fit. The choice of Track largely reflects the scope of the proposed undertaking and the proposed effort's achievement of key milestones within the project development process. Below are definitions of key terms, concepts, and milestones for the HSIPR Program that affect the selection of a Track. Section 2.3 is then intended to assist an applicant in selecting a Track based on the proposed investment's relationship to these terms, concepts, and milestones. Corridor--For the specific purposes of the HSIPR Program, a corridor is an existing or proposed Intercity Passenger Rail route of approximately 100-600 miles in total length, linking population centers at its endpoints and typically points in between. Corridors may cross State or national boundaries and thus require a regional, multi- jurisdictional approach to planning and development.\8\ --------------------------------------------------------------------------- \8\ Federal investment in corridor projects may be limited to the United States. --------------------------------------------------------------------------- Final Design--The last phase of project development, including: right-of-way acquisition, utility relocation, the preparation of final design plans, construction management plans, system safety plans for construction management & operations, safety certification, any required collision hazard analysis, final construction cost estimates, and detailed specifications, as well as procurement of construction services and equipment. During this phase, any remaining uncertainties or risks associated with minor changes to design scope and the procurement processes are fully addressed, and plans for financing the project or program would be updated and refined to reflect accurately the expected year-of-expenditure costs and cash flow projections. Financial Plan--The financial plan documents the recent and forecasted financial condition of the applicant agency and other key partners that will provide capital or operating funding for project development and/or implementation. The Financial Plan describes the current financial health of the aforementioned agencies, documents projected capital and operating costs and revenues, and details key assumptions and methodologies. A financial plan also details the sources, reliability and feasibility of funding for both capital and operating expenses and provides an overview of the project sponsor's strategies to address potential project cost increases. FRA Obligation--Commitment of Federal funding made through execution of a grant agreement or cooperative agreement. High-Speed Rail--Intercity Passenger Rail service that ``is reasonably expected to reach speeds of at least 110 mph'' (49 U.S.C. 26106(b)(4)). Independent Utility--A project, group of projects, or Service Development Program (or phase of a Service Development Program) is considered to have independent utility if it will result, upon completion, in the creation of new or substantially improved High-Speed Rail/Intercity Passenger Rail service, and will provide tangible and measurable benefits even if no additional investments in the same High- Speed Rail/Intercity Passenger Rail service are made. Typical examples of these benefits would include on-time performance improvements, travel-time reductions, and higher service frequencies resulting in increased ridership. Intercity Passenger Rail--Defined in statue as ``rail passenger transportation except commuter rail passenger transportation'' (49 U.S.C. 24102(4)); it subsumes both High-Speed Rail and conventional intercity passenger [[Page 29906]] services. Commuter rail is defined at as ``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'' (49 U.S.C. 24102(3)); Federal funding for commuter rail projects is available from Federal Transit Administration programs. Intercity Passenger Rail Service--An Intercity Passenger Rail service consists of a group of one or more scheduled trains (roundtrips) that provide Intercity Passenger Rail transportation between bona fide travel markets (not constrained by State or jurisdictional boundaries), generally with similar quality and level- of-service specifications, within a common (but not necessarily exclusive or identical) set of identifiable geographic markets. An Intercity Passenger Rail service is considered ``substantially changed'' when its inherent nature or market focus is altered, or when its operating frequencies (roundtrips per day) are increased significantly; a substantial change in service may include adding short-distance corridor-type trains where only long-distance service operates, or service restoration where trains ceased to operate several years before. See Appendix 1.3 for further discussion of the definition of Intercity Passenger Rail. Letter of Intent (LOI)--Represents a contingent financial commitment by FRA to provide up to a prescribed amount of funding to fully implement a service development program (or specific phases of such a program), with defined milestones for completion of work necessary to ensure successful and timely program development. National Environmental Policy Act (NEPA) Documentation--Includes four principal levels (with respect to the HSIPR Program): Tier I, ``programmatic,'' or service-level environmental impact statement (Tier I EIS)--Addresses actions at a broad level, such as a program concept for an entire corridor, and typically does not lead directly to project construction. Site-specific, or project EIS--Addresses specific environmental issues associated with a site or project, and is intended to lead directly to construction once applicable permits are secured. Environmental assessment (EA)--May be programmatic or site-specific, and concisely provides sufficient evidence and analysis of the proposal to determine whether to prepare an EIS or a finding of no significant impact (FONSI). Categorical exclusion (CE)--Documentation that shows how a proposal fits a category of predefined actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an EIS nor an environmental assessment are required. Planning--Activities that support the case for investing in project(s) or program(s), such as: identification of purpose and need; analysis comparing the costs, benefits, and impacts of a range of transportation alternatives; studies that assess different levels of rail service and investment; service-level, programmatic, or Tier I NEPA studies; Service Development Plans; and State Rail Plans. Preliminary Engineering (PE)--Sufficient engineering design to 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 (in turn sufficient to complete project management and financial plans), and definition of procurement requirements and strategies. The PE development process starts with specific project design alternatives that allow for assessment of a range of rail improvements, specific alignments, and project designs--sufficient to support subsequent NEPA analysis. PE is prerequisite to final design (FD) and construction. Appendix 2.2 contains additional information about PE. Project--A High-Speed Rail/Intercity Passenger Rail project is a discrete action that has a distinct purpose, such as adding track to an existing railroad line, or the purchase of one or more pieces of rolling stock. Project Management Plan--Approach for ensuring successful implementation of a project or program, including: (i) Identification of a manager accountable for project or program delivery; (ii) an organization/resource plan that describes (e.g., through an organization chart) the relationships among entities involved in the proposed program and a description of the relationships among the entities responsible for the financing, design, construction, operation, and maintenance of the proposed program; (iii) any new legal entities required, how they would be structured, and their relationship to existing entities; (iv) stakeholder agreements with owners of right- of-way, operators, or other entities critical to successful project/ program delivery;(v) required governmental actions and approvals; and, (vi) an appropriate system safety plan for the entire project lifecycle consistent with FTA guidance for safety and security management plans. The project management plan should address the safety certification process and any required collision hazard analysis consistent with the FRA guidance. A project management plan generally should also include metrics by which the success of the project is defined. Right-of-Way--Railroad infrastructure within the property lines of an existing, or within the presumed property lines of a proposed, railroad useful for Intercity Passenger Rail service. Service Development Plan (SDP)--A plan for developing High-Speed Rail/Intercity Passenger Rail service, either initiating new service or improving existing service (e.g., adding train frequencies and/or reducing trip times)--typically developed around distinct phases and/or geographic sections of service improvement. A High-Speed Rail/Intercity Passenger Rail SDP or equivalent covers three general topics: (i) Rationale (including purpose and need), (ii) service/operating plan and prioritized capital plan, and (iii) implementation plan (including project management approach, stakeholder agreements and financial plan). The precise structure of an SDP can vary, but these elements must be covered in some fashion. (See Appendix 2.1 for additional explanation). Service Development Program (``Program'')--Implementation of a High-Speed Rail/Intercity Passenger Rail SDP, generally broken into discrete phases or geographic sections. Such programs may be for new service on an existing or new railroad alignment, or for improved service on an existing railroad alignment. 2.3 Guide to Track Selection The table below should be used by applicants as a guide for determining the appropriate Track for application submissions. [[Page 29907]] Track Selection Guide ---------------------------------------------------------------------------------------------------------------- Funding track determination questions Response (yes/no) Funding track ---------------------------------------------------------------------------------------------------------------- Has new or improved Intercity No........................... Track 3--Service Planning. Passenger Rail service been selected as a promising alternative in the transportation corridor where the project is located? Yes.......................... Proceed to Next Question. ---------------------------------------------------------------------------------------------------------------- Does the project(s) lead to-- No........................... Proceed to Next Question. introduction of High-Speed Rail/ Intercity Passenger Rail service within a corridor where no service of that type currently exists, or to a substantial change in an existing service? Yes.......................... Track 2--Programs. ---------------------------------------------------------------------------------------------------------------- Does the project(s) include the No........................... Proceed to Next Question. rerouting of an existing Intercity Passenger Rail service onto a new, expanded, or previously abandoned right-of-way? Yes.......................... Track 2--Programs. ---------------------------------------------------------------------------------------------------------------- Does the investment encompass No........................... Proceed to Next Question. multiple dispersed projects intended to produce a significant benefit to one or more Intercity Passenger Rail services? Yes.......................... Track 2--Programs. ---------------------------------------------------------------------------------------------------------------- Even if no Service Development Plan No........................... Track 3--Service Planning. exists, have specific Intercity Passenger Rail investment projects been identified for implementation? Yes.......................... Proceed to Next Question. ---------------------------------------------------------------------------------------------------------------- Have preliminary engineering (PE) and No........................... Track 1--PE/NEPA only. a project-level NEPA document been completed for the proposed project? Yes.......................... Proceed to Next Question. ---------------------------------------------------------------------------------------------------------------- If PE and project-level NEPA No........................... Track 1--FD/Construction. documentation is complete, is a 50 percent (or greater) non-Federal match available? Yes.......................... Track 4--FY 2008/2009 Appropriations Projects (or Track 1--Projects). ---------------------------------------------------------------------------------------------------------------- After selecting the appropriate application Track, prospective applicants should consult the relevant Track-specific and general information contained in the balance of this document. 2.4 Anticipated Award Amounts Tracks 1 and 2--Awards under Tracks 1 and 2 will be made using a portion of the $8 billion appropriated through ARRA. FRA anticipates making multiple awards under Track 1 as a result of this solicitation; however, FRA will not award all of the available $8 billion to Track 1 applicants. Funds will be reserved for award to Track 2 applications under this solicitation, and likely to Tracks 1 and 2 in potential future rounds of solicitations--as described in Section 5. As the authorizations underlying Tracks 1 and 2 are new, the FRA cannot provide an average amount of funding per award in previous years. Tracks 3 and 4--Awards under Tracks 3 and 4 will be made using the $90 million dedicated to Capital Grants to States--Intercity Passenger Rail Service in the FY 2009 DOT Appropriations Act, plus the remaining funds appropriated for the same purpose in the Capital Assistance to States--Intercity Passenger Service Program in the FY 2008 DOT Appropriations Act (currently estimated at $1,893,073). In accordance with the provisions of the Appropriations Acts, no more than 10 percent of appropriated amounts in each fiscal year ($9,540,500 of the available funds) may be allocated to Track 3--Planning, with the balance available for Track 4--FY2009 Appropriations Projects. These funds require a non-Federal match of at least 50 percent of total project cost. 2.5 Types of Awards The table below summarizes the characteristics of funding awards by Track. For specific grant conditions, refer to section 6 and appendix 3. Award Characteristics ---------------------------------------------------------------------------------------------------------------- Track 4--FY 2009 Track 1--projects Track 2--programs Track 3--planning appropriations projects ---------------------------------------------------------------------------------------------------------------- Legislative Funding Source...... ARRA..... ARRA..... FY 2009, FY 2009, 2008 DOT 2008 DOT Appropriations Appropriations Act. Act. Available Funding............... Portion Portion Up to No less of $8 B. of $8 B. $9.54 M. than $82.3 M. Instrument of Commitment........ Final Letters Final Design/ of Intent. Cooperative Design/ Construction Agreements. Construction Grants. Cooperative Grants. PE/NEPA Agreements. Cooperative Agreements. Match Requirement............... Up to Up to At least At least 100% Federal 100% Federal 50% non-Federal 50% non-Federal share. share. match. match. ---------------------------------------------------------------------------------------------------------------- [[Page 29908]] 2.5.1 Track 1 The FRA will make awards under Track 1 through either: (a) Grant agreements supporting FD and project construction; or (b) cooperative agreements for completion of PE and/or project-level NEPA documentation. Construction grants will fund both FD (if not already completed) and construction of projects for which PE and project-level NEPA documentation is complete at the time of application.\9\ FD/ construction grant recipients will be required to obtain FRA approval prior to the commencement of construction activities (the process will be set out in the grant agreement). The grant agreement can also be structured to cover alternative construction scenarios, such as through a design-build type approach. Applicants under Track 1 will be considered for funding under either Intercity Passenger Rail Corridor Capital Assistance Grants (Section 301 of PRIIA), or Congestion Grants (Section 302 of PRIIA). Eligible projects intended to reduce congestion by alleviating major rail capacity bottlenecks, particularly those that benefit multiple railroad operators (e.g. Intercity Passenger Rail, rail freight, and commuter rail) in a congested corridor, will likely be considered for funding under the Congestion Grant program. Note that where multiple railroad operations benefit from project(s), FRA will expect the costs for such project(s) to be shared proportional to the benefit each operator accrues from the investment. --------------------------------------------------------------------------- \9\ If substantial progress on NEPA documentation has been made on NEPA documentation, application may be reviewed for FD/ Construction grant funding; in any case, project-level NEPA documentation must be complete at time of grant agreement. --------------------------------------------------------------------------- Under Track PE/NEPA cooperative agreements, FRA will be more involved in the project through collaborative work with the recipient. In addition to providing technical assistance to the recipient, FRA will participate in key project meetings, and will assist in the preparation of engineering and environmental documents. FRA will also be responsible for approving project deliverables at key milestones, and providing authorization for progressing with subsequent stages of the project. 2.5.2 Track 2 Under Track 2, FRA may issue Letters of Intent (LOI) for Service Development Programs, and make subsequent awards for program components through cooperative agreements. The issuance of a LOI represents the expression of FRA's full support of a Service Development Program, and the funding contingently committed through an LOI will be reserved for that Service Development Program from the $8 billion in available ARRA funding. An LOI will include milestones for completion of work needed to advance the program into obligation and completion; if milestone deadlines are not met, funding reserved under an LOI will be returned to the pool of funds available for future solicitations. As milestones under an LOI are reached, FRA will obligate funding to implement approved portions of the program through a cooperative agreement. Funding to complete remaining PE and project-level NEPA would be awarded immediately following the issuance of the LOI. Funding for FD/construction would be awarded through a grant or cooperative agreement as milestones are reached (e.g., completion of PE and NEPA for project(s) with independent utility. Even after funds are converted from LOI into a cooperative/grant agreement (i.e., obligated), grantees will be required to obtain FRA approval prior to the commencement of construction activities. This process will be included in the grant agreement (which could also be structured to address options such as a design-build implementation approach). Recognizing the unique challenges posed by complex new corridor programs, a higher level of Federal oversight and support will be involved than under standard grant agreements. The substantial Federal involvement of FRA will extend across all aspects of Service Development Programs and will include technical assistance, review of interim work products, support for environmental reviews, review of PE and FD, and continuous program oversight. 2.5.3 Track 3 FRA will make awards under Track 3 using the $9,540,500 available under the FY 2008/2009 DOT Appropriations Acts through cooperative agreements. The substantial Federal involvement for Intercity Passenger Rail planning activities would include agreement on the scope of study, review of draft studies, and acceptance of final deliverables. Recognizing the importance of planning to the long-term success of the HSIPR Program and the limited funding available under existing appropriations, FRA will favorably consider applicant expenditures for High-Speed Rail/Intercity Passenger Rail project planning when evaluating the State share or matching contributions component of an evaluation under subsequent solicitations. 2.5.4 Track 4 Awards under Track 4 will be made using $82 million available under the FY 2009 DOT Appropriations Act for non-planning Intercity Passenger Rail Capital Assistance to States, as well as remaining non-planning funding under the analogous FY 2008 DOT Appropriations Act funding. FRA anticipates making one or more awards, and awarding the entire $82 million under Track 4 as a result of this solicitation. Funding under Track 4 cannot exceed 50 percent of a project's total cost. States are the only eligible applicants under Track 4, and must be able to certify in their applications as to the availability of the matching funds. As the source of the Federal funds is a regular annual appropriation rather than ARRA, requirements specific to ARRA (e.g., job retention and creation as an evaluation factor, and various reporting requirements) need not be met, although States are encouraged to do so. The average amount of Federal funding per non-planning award in the analogous FY 2008 program was $2.75 million. Section 3: Eligibility Information Applications will be required to meet minimum requirements for each Track in terms of applicant eligibility, project eligibility, and the fulfillment of other Track-specific application prerequisites. To the extent that an application's substance exceeds the minimum eligibility requirements described below, such qualifications will be considered in evaluating the merits of an application. 3.1 Eligible Applicant Types Eligibility of different types of applicants varies by Track and authorization, as summarized below. [[Page 29909]] Applicant Eligibility ---------------------------------------------------------------------------------------------------------------- Track 1--projects Track 2--programs Track 3-- Track 4--FY 2008/ -------------------------------------------- planning 2009 ------------------ Appropriations projects PRIIA PRIIA PRIIA PRIIA FY2008/2009 ----------------- Section Section Section Section Appropriations FY2008/2009 301 302 301 501 acts Appropriations acts ---------------------------------------------------------------------------------------------------------------- States.......................... [check] [check] [check] [check] [check] [check] Groups of States................ [check] ......... [check] [check] ................ ................ Interstate Compacts............. [check] ......... [check] [check] ................ ................ Public agencies established by [check] ......... [check] ......... ................ ................ one or more States and having responsibility for providing Intercity Passenger Rail service........................ Public agencies established by ......... ......... ......... [check] ................ ................ one or more States and having responsibility for providing High-speed Passenger Rail service........................ Amtrak.......................... [check] [check] ......... [check] ................ ................ \*\ \**\ ---------------------------------------------------------------------------------------------------------------- \*\ Amtrak may enter into a cooperative agreement with one or more States to carry out an eligible project \**\ Amtrak is eligible in cooperation with States. Further detail on the definitions of ``eligible applicants'' is available in Appendix 3 under ``Applicant Types.'' 3.1.1 Track 1 An entity seeking assistance under Track 1 must meet the definition of an ``applicant'' under the funding authorization that would pertain to its proposal(s)--either Section 301 (Intercity Passenger Rail Corridor Capital Assistance) or Section 302 (Congestion Grants) of PRIIA. Eligible applicant entities under those sections are as follows: Intercity Passenger Rail Corridor Capital Assistance (Section 301)--States (including the District of Columbia), groups of States, Interstate Compacts, and public agencies established by one or more States and having responsibility for providing intercity passenger rail service. Congestion Grants (Section 302)--States (including the District of Columbia), or Amtrak (in cooperation with States). 3.1.2 Track 2 An entity seeking assistance under Track 2 must meet the definition of an ``applicant'' under the funding authorization that would pertain to its proposal(s)--either Section 301 (Intercity Passenger Rail Corridor Capital Assistance) or Section 501 (High-Speed Rail Corridor Development) of PRIIA. Eligible applicant entities under those sections are as follows: Intercity Passenger Rail Corridor Capital Assistance (Section 301)--States (including the District of Columbia), groups of States, interstate compacts, and public agencies established by one or more States and having responsibility for providing Intercity Passenger Rail service. High-Speed Rail Corridor Development (Section 501)--States (including the District of Columbia), groups of States, interstate compacts, and public agencies established by one or more States and having responsibility for providing High-Speed Rail service, or Amtrak. 3.1.3 Tracks 3 and 4 Only States, including District of Columbia, are eligible to apply under Tracks 3 and 4. 3.2 Applicant and Key Partner Qualifications For an application submitted by an eligible entity to be considered under any Track, it must affirmatively demonstrate that the applicant has or will have the legal, financial, and technical capacity to carry out the proposal. In addition, for FD/construction applications under Tracks 1, 2, and 4, the applicant must demonstrate that it has or will have satisfactory continuing control over the use of equipment or facilities acquired, constructed, or improved by the project, and the capability and willingness to maintain such equipment or facilities. Further discussion of how applicants can demonstrate compliance with these minimum qualifications appears in Appendix 1.2. Entities other than States must submit information and documentation demonstrating the fulfillment of the minimum applicant qualifications described in this section as part of a preapplication (see Section 4.3. for complete preapplication information and documentation requirements). On the basis of such information, FRA will issue a written decision on the entity's eligibility as an applicant. 3.3 Cost Sharing and Matching 3.3.1 Treatment of Applicant Cost Sharing 3.3.1.1 Track 1 Pursuant to the provisions of the ARRA appropriation for High-Speed Rail/Intercity Passenger Rail, the Federal share of the costs of projects issued grants under Track 1 of this solicitation will be, at the option of the recipient, up to 100 percent. The evaluation criteria provide preference to applicants, should the applicant choose the option of leveraging federal funds with contributions from its own project partners' resources toward the costs of its proposed project. These contributions may be considered in evaluating the merit of its application (See section 5 for a complete description of evaluation and selection criteria). 3.3.1.2 Track 2 As in the case for Track 1, the Federal share of the costs of projects issued grants under Track 2 of this solicitation shall be, at the option of the recipient, up to 100 percent. Again, the evaluation criteria provide preference to applicants that leverage federal funding with non-Federal investment. Applicants for Service Development Programs who do not choose to contribute their own or their project partners' resources toward the costs of the proposed project, and who (i) have not demonstrated continuous, sustained support to the proposed program, and (ii) do not have a demonstrable history of capital investment in intercity passenger rail, may, as a condition of the obligation of [[Page 29910]] funding for FD/construction activities, be required to establish a Capital Reserve Account funded by their own dedicated financial resources. Funds deposited by recipients into a Capital Reserve Account would be used to pay for any project cost overruns. 3.3.1.3 Tracks 3 and 4 Pursuant to the provisions of the FY 2008/2009 DOT Appropriations Acts, the Federal share of the costs of projects issued grants under Tracks 3 and 4 of this solicitation may not exceed 50 percent. If an applicant chooses the option of contributing, from its own or its partner project stakeholders' resources, more than 50 percent of the costs of its proposed project, such additional contributions will be considered in evaluating the merit of its application (See Section 5 for a complete description of evaluation and selection criteria). 3.3.2 Requirements for Applicant Cost Sharing Whether optional (under Tracks 1 and 2) or mandatory (under Tracks 3 and 4), an applicant's contribution toward the cost of its proposed project may be in the form of cash or, with FRA approval, in-kind contributions of services, supplies, equipment, or real estate. As part of its application, an applicant offering an in-kind contribution must provide a documented estimate of the monetary value of any such contribution, and its eligibility under 49 CFR 18.24. The applicant must provide as part of its application documentation that demonstrates that it has committed and will be able to fulfill any pledged contribution, including committing any required financial resources that are budgeted or planned at the time the application is submitted. Furthermore, any applicant under Tracks 1 and 2 who seeks to contribute toward its proposed project funds from another Federal financial assistance program that itself requires a match, should be aware of the prohibition in many such programs of using any Federal funding (such as that being applied for under this program) as a matching share (See 49 CFR 18.24(b)(3)). Funds from other Federal financial assistance programs may not be used to satisfy the 50 percent match requirement under Tracks 3 and 4. 3.4 Grantee Responsibility for Project Delivery, Cost Overruns, and Contributions Due From States under PRIIA Section 209 All applicants will be required to demonstrate the ability to: Absorb any cost overruns and deliver the proposed project with no Federal funding or financial assistance beyond that provided in grant or cooperative agreement; and Cover all future cash needs associated with the service benefiting from the proposed program/project and allocated to States as a result of the costing methodology to be developed under Section 209 of the PRIIA. 3.5 Eligible Projects 3.5.1 Track 1 Track 1 consists of two sub-Tracks: Track 1 FD/construction and Track 1 PE/NEPA work in support of construction projects. To be eligible under either Track 1 FD/construction or Track 1 PE/NEPA a project for which construction or PE/NEPA funding is sought must be eligible under Section 301 (Intercity Passenger Rail Corridor Capital Assistance) and/or Section 302 (Congestion Grants) of PRIIA. 3.5.1.1 Intercity Passenger Rail Corridor Capital Assistance (PRIIA Section 301) Eligible Projects Eligible projects for Intercity Passenger Rail Corridor Capital Assistance funding under Track 1 include: Acquiring, constructing, improving, or inspecting equipment, track and track structures, or a facility for use in or for the primary benefit of Intercity Passenger Rail service, including High-Speed Rail; expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, inspecting, environmental studies, and acquiring rights-of-way); payments for the capital portions of rail trackage rights agreements; highway-rail grade crossing improvements related to Intercity Passenger Rail service; mitigating environmental impacts; communication and signalization improvements; and relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; Rehabilitating, remanufacturing, or overhauling rail rolling stock and facilities used primarily in Intercity Passenger Rail service; and Projects to provide access to Intercity Passenger Rail service rolling stock for nonmotorized transportation, including bicycles and recreational equipment, and to provide storage capacity in intercity passenger trains for such transportation, equipment, and other luggage, to ensure passenger safety. 3.5.1.2 Congestion Grants (PRIIA Section 302) Eligible Projects Eligible projects for Congestion Grants funding under Track 1 include facilities, infrastructure, and equipment for high-priority rail corridor projects necessary to reduce congestion or facilitate ridership growth in Intercity Passenger Rail transportation, including High-Speed Rail, as mandated in PRIIA Section 302. To be eligible for Congestion Grant program funding in Track 1, an applicant must demonstrate that the proposed project: Has been identified by Amtrak as necessary to reduce congestion or facilitate ridership growth in Intercity Passenger Rail transportation along heavily traveled rail corridors; or Is sufficiently advanced to fulfill the PRIIA Section 302 purposes on an expedited schedule. Applicants should give particular consideration to applying for Congestion Grants funding under circumstances in which the proposed project meets the eligibility requirements described above and: Is anticipated to result in significant joint benefits for multiple railroad operators (e.g., Intercity Passenger Rail, rail freight, and commuter rail) in a congested corridor, with proportional cost sharing among the operators; Involves the construction or improvement of infrastructure that will significantly benefit, but which will not be directly used by, Intercity Passenger Rail service (e.g., freight bypasses); and/or Will benefit service within one State, but will be physically located within another State--under such circumstances, the benefiting State may choose to cooperate with Amtrak or through a regional compact to put forward an application for the proposed project. 3.5.2 Track 2 Service Development Programs and phases of such programs, that are applied for under Track 2 must consist of a coordinated and comprehensive grouping of projects intended to result in the introduction of new services or significant improvements to existing services that are eligible under PRIIA Section 301 and/or Section 501. 3.5.2.1 Intercity Passenger Rail Corridor Capital Assistance (PRIIA Section 301) Eligible Projects These are listed under Track 1, above. [[Page 29911]] 3.5.2.2 High-Speed Rail Corridor Development (PRIIA Section 501 Eligible Projects) Eligible projects for High-Speed Rail Corridor funding under Track 2 include: Acquiring, constructing, improving or inspecting equipment, track and track structures, or a facility for use in or for the primary benefit of High-Speed Rail service; expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way); payments for the capital portions of rail trackage rights agreements; highway-rail grade crossing improvements related to High-Speed Rail service; mitigating environmental impacts; communication and signalization improvements; and relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing. Projects must be located on a high-speed rail corridor designated by the Secretary pursuant to 23 U.S.C. 104(d)(2). 3.5.3 Track 3 Eligible planning studies are those that: Lead to the completion of a SDP to support future applications under Track 2--Programs; Identify and compare the costs, benefits, and impacts of a range of transportation alternatives, including High-Speed Rail and/or Intercity Passenger Rail, as a means of providing decision makers with the information necessary to implement appropriate transportation solutions; Support the preparation of environmental documents that are prerequisite to the fulfillment of Service NEPA; and Consist of operational analyses and simulations, and projections of future service requirements, leading to systematic and rational priority lists of projects that could be eligible for PRIIA Section 301 or 302 funding, and could ultimately contribute to SDPs. 3.5.4 Track 4 To be eligible for funding under Track 4, a proposed project must be specifically included in the applicant State's Statewide Transportation Improvement Plan (STIP) at the time of application. Eligible types of projects under Track 4 include (1) acquiring, constructing, or improving equipment, track and track structures, or a facility for use in or for the primary benefit of Intercity Passenger Rail service including High-Speed Rail service, (2) expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), (3) highway-rail grade crossing improvements related to Intercity Passenger Rail service, (4) mitigating environmental impacts, (5) communication and signalization improvements, and (6) rehabilitating, remanufacturing, or overhauling rail rolling stock and facilities used primarily in Intercity Passenger Rail service. 3.5.5 Rail Operating Expenses In no cases are Federal funds eligible to be used for rail operating expenses. 3.6 Other Prerequisites 3.6.1 General Prerequisites In general, proposals under all Tracks must meet the following additional prerequisites: Applications must be complete, as defined in this notice; The complete application must demonstrate that the project has been identified through a rational planning process (ideally a High-Speed Rail/Intercity Passenger Rail SDP); The project (except for a planning project under Track 3) must be consistent with an overall plan for developing the benefiting High-Speed Rail/Intercity Passenger Rail service; and The project (except for a planning project under Track 3) must result in independent utility, as defined under Section 2.2 of this notice. 3.6.2 Prerequisites for Construction Grants If the applicant is seeking a construction grant, then the application must demonstrate all of the following: That PE (as defined under Section 2.2 of this notice) has been 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 (ADA); That a Project NEPA document (e.g., a CE exclusion worksheet, a completed EA, or a completed final EIS, as defined under Section 2.2 of this notice) has been completed for the proposed project; That the applicant has reached, at a minimum, agreements in principle with key project partners, including but not limited to infrastructure-owning railroads and the railroad that operates or will operate the benefiting High-Speed Rail/Intercity Passenger Rail service, as to the scope of the proposed project and the realization of the operating benefits (e.g., those reflected in changes to schedules) it is intended to generate; and That the applicant has developed a project management plan for managing the implementation of the proposed project, including the management and mitigation of project risks; and That the applicant has developed a Financial Plan--for each phase of service that details the ``sources and uses'' of both capital and operating funding. 3.6.3 Prerequisites for Equipment Procurement or Design Grants If the applicant is seeking a grant for the procurement or design of railroad equipment, the proposed equipment should be consistent with Section 305 of PRIIA, which calls for the establishment of a standardized next-generation rail corridor equipment pool. Compliance with Section 305 of PRIIA will assist in creating the economies of scale necessary to achieve the Administration's goal, as outlined in FRA's Strategic Plan, of developing a sustainable railroad equipment manufacturing base in the United States. 3.6.4 Selection of Proposed Operator (Tracks 1 and 2 only) If the applicant has not selected the proposed operator of the benefiting High-Speed Rail/Intercity Passenger Rail service competitively, then the application must demonstrate why the proposed operator is the best choice, taking into account all relevant quantitative and qualitative factors, and that use of the proposed operator will not needlessly increase the cost of the project or of the operations that it enables or improves. 3.6.5 Service Development Plan (Track 2 Only; Desirable for Other Tracks) All applicants under Track 2 are required to have completed all the components of an High Speed Rail/Intercity Passenger Rail SDP, as defined in Appendix 2.1 of this guidance. 3.6.6 Positive Train Control (PTC) If the project involves improvements to railroad signaling/control systems, then the application must demonstrate that the proposed improvements are consistent with a comprehensive plan for complying with the requirements for PTC implementation under Section 104 of the Rail Safety Improvement Act of 2008 (``RSIA,'' Division A of Pub. L. 110-432, October 16, 2008, codified at 49 U.S.C. 20147). [[Page 29912]] 3.6.7 Inclusion in STIP (Tracks 3 and 4 Only) Proposed projects must be specifically included in the applicant State's STIP at the time of application to be eligible. 3.7 Eligibility Restrictions Pursuant to the provisions of PRIIA and ARRA, and the funding approach described in Section 1.6 of this notice, certain types of applications would be subject to various eligibility restrictions. The following table shows ineligible types of applications by Track. Eligibility Restrictions ---------------------------------------------------------------------------------------------------------------- Ineligible under track ----------------------------------------------- 1 2 3 4 ---------------------------------------------------------------------------------------------------------------- Applications submitted by private entities other than Amtrak. x x x x Amtrak's eligibility as an applicant is restricted to PRIIA Section 302 (in cooperation with a State) and Section 501...... For projects for which commuter rail passenger transportation is x x x x the primary intended beneficiary;.............................. For projects involving the development of State Rail Plans or x x .......... x High-Speed Rail/Intercity Passenger Rail SDPs;................. For projects intended to support the introduction of a new x .......... .......... x Intercity Passenger Rail service (as defined under Section 2.2 of this notice);............................................... For projects involving significant construction of railroad x .......... .......... x infrastructure on a new (e.g., greenfield, outside of existing railroad rights-of-way) or previously abandoned alignment;..... For multiple discrete projects that would collectively yield a x .......... .......... x significant benefit to Intercity Passenger Rail services operating in one or more corridors. FRA will consider the magnitude of the service improvement (e.g., travel-time savings and frequency increases), the total cost of the investment, and the geographic scope of the proposed projects (e.g., at multiple versus contiguous sites within the corridor) in determining whether an application (or group of applications) falls within the scope of this restriction; or................. For projects in which the physical improvements are located x .......... .......... x outside of the United States. However, in the case of a joint project of a State or group of States and a foreign government, in which construction of all physical improvements outside the United States will be paid for by the foreign participants, planning, PE and NEPA work applicable to both the U.S. and foreign portions of the project is eligible if funded on a proportional basis............................................. For any expenses associated with passenger rail operating costs x x x x of rail operators.............................................. ---------------------------------------------------------------------------------------------------------------- Additional restrictions are fully described in Section 4.3.8 of this notice. Section 4: Application and Submission Information 4.1 Applying Online FRA participates in the Grants Management Line of Business (GMLoB) E-Gov initiative. As part of that initiative, FRA uses the Administration for Children and Families' (ACF) GrantSolutions (GS) Grants Management System. All applications must be submitted to FRA through GrantSolutions. To access the system, go to https:// www.grantsolutions.gov. If you have any problems accessing GS, please contact the Custom Applications Support and Training Unit (CAST) helpdesk at 1-800-618-0223 or help@grantsolutions.gov. Applicants must register in GS, obtain a Data Universal Number System (DUNS) number and register their organization with the Central Contractor Registration (CCR) database prior to applying in GS. Applicants should begin the process immediately to meet the application submission deadlines. Standard application forms (identified in Section 4.3.3.3), will be available electronically on the Funding Opportunity page at http://www.GrantSolutions.gov. The Funding Opportunity screen provides applicants with general announcement information and access to all application kit materials in order to view and print application forms and information. In addition, applicants can apply online through this screen. Program-specific preapplication and application forms (also identified in Sections 4.3 and 4.4 below) may be downloaded from FRA's Web site at http://www.fra.dot.gov/HSR_IPR_Program. 4.2 Address to Request Application Package If Internet access is unavailable, please write to FRA at the following address to request a paper application: U.S. Department of Transportation, Federal Railroad Administration, Attn: HSIPR Program Information (RDV-10), Mail Stop 20, 1200 New Jersey Ave., SE., Washington, DC 20590. 4.3 Content and Form of Application 4.3.1 Preapplication All prospective applicants for all Tracks must submit a preapplication in order to establish communication with FRA, and to afford FRA an opportunity to provide feedback to the prospective applicant as to the suitability of their proposed project under the Track that the applicant proposes to use. Preapplications should be submitted as early as possible, but no later than July 10, 2009, and applicants should not wait for submission of, or any comments on, a preapplication before preparing their full applications. Prospective applicants for potential future funding rounds of solicitations are not required to submit a preapplication at this time. FRA will announce any corresponding application as needed. Preapplications consist of the following components: Project Description--A brief overview of the project's main features, type of proposed improvement, location, purpose, expected outcome, cost, ownership arrangements and the Intercity Passenger Rail service(s) that will benefit from the project; Project Development Status--The status of key project development elements, such as completion of the planning documents through which the project was identified, engineering work, and NEPA documentation; and Applicant Eligibility--Answers to questions regarding cost sharing, and applicant and key partners' legal, financial, and technical capacity to carry out their proposed project. Prospective applicants that do not fall within the definition of a State will also [[Page 29913]] be required to provide copies of documentation (or references (URLs) to such documentation that is located on the Internet) that supports the answers provided in the preapplication form. Such supporting documentation should include (to the extent available), but need not be limited to, copies of laws that established the applicant as a legal entity, contractual agreements between States (either as a group of States or an interstate compact), financial statements and audit reports, and technical reports demonstrating the applicant's technical capacity and experience in carrying out projects similar to that proposed. In an effort to focus application efforts and remedy concerns, FRA may contact potential applicants if there are any questions that arise from the information submitted in a preapplication, or if the information raises questions as to the eligibility of the proposed project or its proper classification by Track. For preapplications submitted by applicants that do not fall within the definition of a State, and for preapplications under Track 2, FRA will contact the prospective applicants to kick-off discussions for the preparation of the application. 4.3.2 Application Administrative Requirements Prior to submitting an application, prospective applicants must have completed two administrative requirements: Establishment of a DUNS (Data Universal Numbering System) number, and registration in the Central Contractor Registration (CCR) database. These requirements need not be completed prior to submitting a preapplication, but FRA encourages applicants to begin the process immediately to meet the application submission deadlines. All applicants must include a DUNS number in their application. Applications without a DUNS number are incomplete. A DUNS number is a unique nine-digit number recognized as the universal standard for identifying and keeping track of entities receiving Federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for Federal assistance applicants, recipients and subrecipients. The DUNS number will be used throughout the grant lifecycle. Obtaining a DUNS number is a free, simple, one- time activity. Obtain a number by calling 1-866-705-5177 or by applying online at http://fedgov.dnb.com/webform/displayHomePage.do. FRA also requires that all applicants (other than individuals) for Federal financial assistance maintain current registrations in the CCR database. The CCR database is the repository for standard information about Federal financial assistance applicants, recipients and subrecipients. Organizations that have previously submitted applications via http://www.grants.gov are already registered with CCR, as it is a requirement for www.grants.gov registration. Please note, however, that applicants must update or renew their CCR registration at least once per year to maintain an active status. Information about registration procedures can be accessed at http://www.ccr.gov. 4.3.3 Application Package Components The application package for the HSIPR Program consists of three components--(1) program-specific application forms--Narrative and Templates Form--available from FRA's Web site at: http:// www.fra.dot.gov/us/content/2243, (2) supporting documentation, and (3) standard application forms available through http:// www.GrantSolutions.gov. Applicants must complete all three components of the application package as required by Track and listed in the section 4.2.5 application checklist; failure to do so may result in the application being removed from consideration for award. Both the standard application forms and the Narrative and Templates Form must be submitted through http://www.GrantSolutions.gov_with standard forms submitted directly as electronic forms, and program-specific forms submitted as attachments to the application. 4.3.3.1 Narrative and Templates Form The most significant component of the application package is the Narrative and Templates Forms, forms into which the applicant enters specific information about the proposed project. The forms include templates that have been developed by FRA to capture pertinent qualitative and quantitative program-specific information needed for FRA to confirm applicant and project's eligibility for the HSIPR Program, and information needed for evaluation and selection of applications. These forms will be used to conduct a comprehensive benefit cost analysis. The forms allow for the applicant to make quantitative and qualitative arguments of the public return on investment. In order to conduct this analysis FRA requires specific quantitative data relating to service outputs (delay reduction, schedule improvement, or capacity increases), and transportation outputs (increases in passenger-miles traveled on Intercity Passenger Rail services, including shifts from other modes of transportation). The information entered into the Narrative and Templates Form falls into two categories: (1) Narrative information, provided in response to specific application questions, with length limitations for each response; and (2) structured and/or quantitative information, which is entered into tables contained in the Forms. Applicants may track and submit the Narrative and Templates Forms through GrantSolutions. Separate Track-specific Narrative and Template Forms are tailored to corresponding tracks. Information requested in the Narrative and Templates Form includes information on project overview, planning, purpose and need, project development status, project benefits--economic recovery, transportation, environmental and livable communities--project estimate/budget, applicant qualifications, stakeholder agreements and financial and operation information. Completing the FRA-developed forms is expected to facilitate information input for required OMB standard forms described in section 4.3.3.3 below. 4.3.3.2 Application Supporting Documentation In order to provide information referenced in the Narrative and Templates Form, applicants must submit additional documentation supporting their entries on the forms and confirming their eligibility under the proposed Track. The supporting documentation should largely include information that applicants developed during project planning activities thus, the format and structure of supporting documents is at the discretion of the applicant. Supporting documentation may be provided one of three ways--(1) as attachments to the application; (2) as Internet references (URLs) to documentation that is available online; or (3) in hard copy for materials that cannot otherwise be provided (such as oversized engineering drawings). Applicants should provide any URL references for supporting documentation, along with notifications of any documentation being submitted in hard copy, in the appropriate section of the narrative and templates form. The supporting documentation includes items as specified below: PE Materials--Applicants should provide any documents that [[Page 29914]] demonstrate the PE status (or FD, if completed) of the proposed project. The PE requirements are detailed in Section 2.2 and Appendix 2.2. The submission of PE Materials is required for Track 1 FD/ construction, Track 2 and Track 4. PE Materials should be submitted as attachments to the application in GrantSolutions. If large-format materials cannot be submitted electronically, they should be mailed to FRA as described in Section 4.3.9 NEPA Documentation--Applicants should provide any documents that demonstrate the NEPA status of the proposed project. The NEPA requirements are defined in Appendix 3.2.9 and detailed by track in Section 1.6. The submission of NEPA documentation is required for Track 1 FD/construction, Track 2 and Track 4. Project Management Plan--Applicants should provide a project management plan (or equivalent) that documents assumptions and decisions regarding the communication, management processes, execution and overall project control. The project management plan shall be submitted by applicants to Tracks 1 FD/construction, Track 2 and Track 4. The form and structure of the project management plan (or equivalent) is at the discretion of the applicant. Stakeholder Agreements--Applicants should provide documents that demonstrate the status of all stakeholder agreements including agreements with interstate partners, host railroads, right- of-way owners and contract railroad operator providing service. The form and structure of the stakeholder agreements are at the discretion of the applicant however, agreements should satisfy the eligibility and award requirements listed in Appendix 1.1 and 1.2. Stakeholder agreements should be submitted for applicants to Track 1 FD/ construction, Track 2 and Track 4. Financial Plan--Applicants should provide a financial plan (or equivalent) as per the description of the Financial Plan in Section 2.2. A financial plan (or equivalent) shall be submitted for applications to Track 1 FD/construction, Track 2 and Track 4. Service Development Plan--Applicant should provide a Service Development Plan (or equivalent) that covers three general topics regarding the underlying Service Development Program: its rationale, its operating strategy, and its path to implementation. The Service Development Plan (or equivalent) is required for Track 2 applicants only, and is described in more detail in Appendix 2.1. Economic Stimulus--Consistent with ARRA, the Office of Management and Budget (OMB) Updated ARRA Implementing Guidance (April 3, 2009), and Federal laws guaranteeing equal opportunity, applicants are encouraged to provide information to assist FRA in assessing (1) whether the applicant's proposal will promote the creating of job opportunities for low-income workers through the use of best practice hiring programs and apprenticeship (including pre-apprenticeship) programs; (2) whether the project will provide maximum practicable opportunities for small businesses and disadvantaged business enterprises, including veteran-owned small businesses and service disabled veteran-owned small businesses; (3) whether the project will make effective use of community-based organizations in connecting disadvantaged workers with economic opportunities; (4) whether the project will support entities that have a sound track record on labor practices and compliance with Federal laws ensuring that American workers are safe and treated fairly; and (5) whether the project implements best practices, consistent with the civil rights and equal opportunity laws, for ensuring that all individuals--regardless of race, gender, age, disability, and national origin--benefit from ARRA. Job Creation--Applicants should provide information indicating whether the applicant's proposal promotes the short- or long-term creation or preservation of jobs and new or expanded business opportunities during construction of the project and thereafter, including the total amount of funds that will be expended on construction and construction-related activities by all of the entities participating in the project and, to the extent measurable, the number and type of jobs to be created and/or preserved by the project during construction and thereafter, and an identification of any business enterprises to be created or benefited by the project during its construction and once it becomes operational. To the extent possible, applicants should indicate whether the populations most likely to benefit from the creation or preservation of jobs or new or expanded business opportunities are from Economically Distressed Areas. In addition, to the extent possible, applicants should indicate whether the project's procurement plan is likely to create follow-on jobs and economic stimulus for manufacturers and suppliers that support the construction industry. 4.3.3.3 Standard Forms The Standard Forms are developed by OMB and are required of all grant applicants. These forms are available on www.forms.gov and should be submitted as attachments to the application in GrantSolutions. Some of the information required for these form will be in provided with the Narrative and Template Form. Standard Form 424, Application for Federal Assistance-- This form should be scanned and submitted as an attachment to the application in GrantSolutions. This form should be completed by all applicants. Standard Form 424A, Budget Information--Non-Construction Programs--This form should be scanned and submitted as an attachment to the application in GrantSolutions. This form should be completed by applicants where applicable. Standard Form 424B, Assurances--Non-Construction Programs--This form should be scanned and submitted as an attachment to the application in GrantSolutions. This form should be completed by applicants to Track 1 PE/NEPA and Track 3. Standard Form 424C, Budget Information--Construction Programs--This form should be scanned and submitted as an attachment to the application in GrantSolutions. This form should be completed by applicants where app