[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28386-28395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12871]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation


Notice of Funding Opportunity for Department of Transportation's 
Port Infrastructure Development Program Under the Consolidated 
Appropriations Act, 2019

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: The Consolidated Appropriations Act, 2019 (``FY 2019 
Appropriations Act''), appropriated $292,730,000 for the Port 
Infrastructure Development Program to make grants to improve port 
facilities at coastal seaports. This notice announces the availability 
of funding for grants under this program and establishes selection 
criteria and application requirements. The Act directed that 
$92,730,000 of the appropriated funds shall be for grants to the 15 
coastal seaports that handled the greatest number of loaded foreign and 
domestic twenty-foot equivalent units of containerized cargo in 2016, 
as identified by the U.S. Army Corps of Engineers. Funds for the Port 
Infrastructure Development Program are to be awarded as discretionary 
grants on a competitive basis for projects that will improve the 
safety, efficiency, or reliability of the movement of goods into, out 
of, around, or within a coastal seaport, as well as the unloading and 
loading of cargo at a coastal seaport. All Port Infrastructure 
Development Program funding grant recipients must meet all applicable 
Federal requirements, including the Buy American Act. The purpose of 
this notice is to solicit applications for Port Infrastructure 
Development Program.

DATES: Applications must be submitted by 8:00 p.m. E.D.T. on September 
16, 2019.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the Port Infrastructure Development Program 
staff via email at [email protected], or call Bob Bouchard, Director, 
Office of Port Infrastructure Development, at 202-366-5076. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, the Department of Transportation (DOT) will 
regularly post answers to questions and requests for clarifications as 
well as information about webinars for further information at 
www.transportation.gov/Portgrants.

SUPPLEMENTARY INFORMATION: Each section of this notice contains 
information and instructions relevant to the application process for 
the Port Infrastructure Development Program discretionary grants, and 
all applicants should read this notice in its entirety so that they 
have the information they need to submit eligible and competitive 
applications.

Table of Contents

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

A. Program Description

    The Port Infrastructure Development Program was established under 
46 U.S.C. 50302. The statute authorizes the Department of 
Transportation (``Department'' or ``DOT'') to establish a port 
infrastructure development program for the improvement of port 
facilities. To carry out a project under this program, the Department 
may provide financial assistance, including grants, to port authorities 
or commissions or their subdivisions and agents for port and intermodal 
infrastructure-related projects. The Consolidated Appropriations Act, 
2019 (Pub. L. 116-6, February 15, 2019) appropriated $292,730,000 to 
the Port Infrastructure Development Program, to make discretionary 
grants to improve port facilities at coastal seaports. The Act directed 
that $92,730,000 of this amount be reserved for grants to the 15 
coastal seaports that handled the greatest number of loaded foreign and 
domestic twenty-foot equivalent units of containerized cargo in 2016, 
as identified by the U.S. Army Corps of Engineers. Through this 
program, the Department seeks projects that will improve facilities at 
coastal seaports.

[[Page 28387]]

Among possible project outcomes, the Department seeks projects that 
will: (1) Advance technology-supported safety and design efficiency 
improvements; (2) bring facilities to a state of good repair and 
improve resiliency; (3) promote efficient trade in energy resources; 
(4) promote exports of manufacturing, agriculture, or other goods; and 
(5) for only the top 15 coastal ports, support the safe flow of 
agricultural and food products, free of pests and disease, domestically 
and internationally. Accordingly, the Department expects to award at 
least one project that advances each of the aforementioned project 
outcomes, but a project does not need to address one or more of these 
outcomes to be awarded.

B. Federal Award Information

1. Amount Available

    DOT intends to award up to $292,730,000 to projects that improve 
port facilities at or near coastal seaports. The FY 2019 Appropriations 
Act allows up to 2 percent of the funds appropriated be available for 
necessary costs of grant administration.
    If the DOT does not receive sufficient qualified applications, it 
will award less than the amount available.

2. Award Size

    The minimum Port Infrastructure Development Program award size is 
$10 million. Except as limited by the amount of available funding, 
there is no maximum award size.

3. Availability of Funds

    To ensure the funds are responsibly expended in a timely manner, 
the Department, to the greatest extent possible, seeks to obligate Port 
Infrastructure Development Program funds by September 30, 2022. 
Obligation occurs when a selected applicant and DOT enter into a 
written grant agreement after the applicant has satisfied applicable 
administrative requirements, including transportation planning and 
environmental review requirements. Unless authorized by the Department 
in writing after the Department's announcement of Port Infrastructure 
Development Program awards, any costs incurred prior to the 
Department's obligation of funds for a project are ineligible for 
reimbursement. The Department will determine the period of performance 
for each award based on the specific project that was evaluated and 
selected. As part of the review and selection process described in 
Section E.2., DOT will consider a project's likelihood of being ready 
to proceed with an obligation of Port Infrastructure Development 
Program funds by September 30, 2022 and complete liquidation of these 
obligations within a reasonable timeline.

4. Awarded Funding Allocations

i. Top 15 Coastal Seaports
    Of the appropriated amount available, $92,730,000 is reserved for 
the 15 coastal seaports that handled the greatest number of loaded 
foreign and domestic twenty-foot equivalent units of containerized 
cargo in 2016, as identified by the U.S. Army Corps of Engineers.\1\ A 
listing of these top container ports can be found at: https://usace.contentdm.oclc.org/digital/collection/p16021coll2/id/1431. The 15 
coastal seaports may also be awarded funding from the $200,000,000 that 
is not reserved.
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    \1\ These 15 ports are: Los Angeles, Long Beach, New York (NY 
and NJ), Savannah, Port of Virginia, Houston, Oakland, Tacoma, 
Charleston, Seattle, Jacksonville, Miami, Port Everglades, San Juan 
(PR), and Honolulu.
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ii. Project Outcomes
    The Department anticipates awarding at least one project that 
advances each of the project outcomes described in Section E.1.iii of 
this notice. However, a project does not need to address one or more of 
these outcomes to be awarded.

C. Eligibility Information

    To be selected for a Port Infrastructure Development Program 
discretionary grant, an applicant must be an Eligible Applicant and the 
project must be an Eligible Project.

1. Eligible Applicants

    An eligible applicant for a Port Infrastructure Development Program 
discretionary grants is a port authority, a commission or its 
subdivision or agent under existing authority, as well as a State or 
political subdivision of a State or local government, a Tribal 
government, a public agency or publicly chartered authority established 
by one or more States, a special purpose district with a transportation 
function, a multistate or multijurisdictional group of entities, or a 
lead entity described above jointly with a private entity or group of 
private entities.
    If multiple States or jurisdictions submit a joint application, 
that application must identify a lead applicant as the primary point of 
contact and identify the primary recipient of the award. Joint 
applications must include a description of the roles and 
responsibilities of each applicant and must be signed by each 
applicant.

2. Cost Sharing or Matching

    This section of the notice describes cost share requirements for 
Port Infrastructure Development Program Grant award.
    The Federal share of the costs for which an expenditure is made 
under a Port Infrastructure Development Program grant may not exceed 80 
percent. Non-Federal sources include State funds originating from 
programs funded by State revenue, local funds originating from State or 
local revenue funded programs, or private funds. The application should 
demonstrate, such as through a commitment letter or other 
documentation, the sources of the non-Federal funds. Unless otherwise 
authorized by statute, State or local cost-share may not be counted as 
the non-Federal share for both the Port Infrastructure Development 
Program Grant award and another Federal grant program. Preference will 
be given to those projects that require a lower percentage Federal 
share of costs (see Section E. iv. for information on how the 
Department will evaluate leverage).
    The Department will not consider previously incurred costs or 
previously expended or encumbered funds towards the matching 
requirement for any project. Matching funds are subject to the same 
Federal requirements described in Section F.2. as awarded funds.
    As directed by statute, for the purpose of eligibility, the 
proceeds of Federal assistance under chapter 6 of Title 23, United 
States Code or sections 501 through 504 of the Railroad and 
Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210), as 
amended, shall be considered to be part of the non-Federal share of 
project costs if the loan is repayable from non-Federal funds, unless 
otherwise requested by the project sponsor.
    Cost share will also be evaluated according to the ``Leveraging of 
Federal Funding'' evaluation criterion described in Section E. iv. That 
section explains that the Department seeks applications for projects 
that maximize the non-Federal share, and clarifies consideration of 
Federal assistance as part of the selection criterion.

3. Other

iii. Eligible Projects
    For the purposes of these grants, a ``coastal seaport'' is a 
seaport capable of receiving deep-draft vessels (drafting greater or 
equal to 20 feet) from a foreign or domestic port.

[[Page 28388]]

    Eligible projects for Port Infrastructure Development Program 
grants shall be located either within the boundary of a coastal 
seaport, or outside the boundary of a coastal seaport and directly 
related to port operations or to an intermodal connection to a port. 
Eligible projects should improve the safety, efficiency, or reliability 
of the movement of goods into, out of, around, or within a port, as 
well as the unloading and loading of cargo at a coastal seaport 
including phytosanitary facilities. Examples of potential projects 
include, but are not limited to: Highway or rail infrastructure that 
develops or extends intermodal connectivity, intermodal facilities, 
marine terminal equipment, wharf construction or redevelopment, vessel 
alternative fueling access and distribution, fuel efficient cargo 
handling equipment, freight intelligent transportation systems, digital 
infrastructure systems, and berth dredging incidental to construction.
    This program will not fund vessel construction.
iv. Project Components
    An application may describe a project that contains more than one 
component and may describe components that may be carried out by 
parties other than the applicant. The Department may award funds for a 
component, instead of the larger project, if that component (1) 
independently meets minimum award amounts described in Section B and 
all eligibility requirements described in Section C; (2) independently 
aligns well with the selection criteria specified in Section E; and (3) 
meets National Environmental Policy Act (NEPA) requirements with 
respect to independent utility. Independent utility means that the 
component will represent a transportation improvement that is usable 
even if no other improvement is made in the area, and will be ready for 
intended use upon completion of that component's construction. All 
project components that are presented together in a single application 
must demonstrate a relationship or connection between them. (See 
Section D.2. iv. for Required Approvals).
    Applicants should be aware that, depending upon the relationship 
between project components and applicable Federal law, Federal funding 
of some project components may make other project components subject to 
Federal requirements as described in Section F.2.
    The Department strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested Port Infrastructure Development 
Program funding for those components. If the application identifies one 
or more independent project components, the application should clearly 
identify how each independent component addresses selection criteria 
and produces benefits on its own, in addition to describing how the 
full proposal of which the independent component is a part addresses 
selection criteria.
v. Application Limit
    Each lead applicant may submit no more than one application.

D. Application and Submission Information

1. Address

    Applications must be submitted to Grants.gov. Instructions for 
submitting applications can be found at www.transportation.gov/Portgrants along with specific instructions for the forms and 
attachments required for submission.

2. Content and Form of Application Submission

    The application must include the Standard Form 424 (Application for 
Federal Assistance), cover page, and the Project Narrative. More 
detailed information about the Project Narrative follows. Applicants 
should also complete and attach to their application the ``2019 Project 
Information'' form available at www.transportation.gov/Portgrants. The 
Department recommends that the project narrative follow the basic 
outline below to address the program requirements and assist evaluators 
in locating relevant information.

____________________________________
 
____________________________________
I. Project Description....................  See D.2.i.
II. Project Location......................  See D.2.ii.
III. Grant Funds, Sources and Uses of all   See D.2.iii.
 Project Funding.
IV. Leveraging of Federal Funds...........  See D.2.iv.
V. Project Costs and Benefits.............  See D.2.v.
VI. Project Outcomes......................  See D.2.vi.
VII. Demonstrate Project Readiness........  See D.2.vii.
VIII. Domestic Preference.................  See D.2.viii.
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    The project narrative should include the information necessary for 
the Department to determine that the project satisfies project 
requirements described in Sections B and C and to assess the selection 
criteria specified in Section E.1. To the extent practicable, 
applicants should provide supporting data and documentation in a form 
that is directly verifiable by the Department. The Department may ask 
any applicant to supplement data in its application, but expects 
applications to be complete upon submission. The Department may seek 
clarifying or additional information from applicants according to 
circumstances described in Section E.2.
    In addition to a detailed statement of work, detailed project 
schedule, and detailed project budget, the project narrative should 
include a table of contents, maps and graphics, as appropriate, to make 
the information easier to review. The Department recommends that the 
project narrative be prepared with standard formatting preferences (a 
single-spaced document, using a standard 12-point font such as Times 
New Roman, with 1-inch margins, and the narrative text in one column 
only). The project narrative may not exceed 30 pages in length, 
excluding cover pages and table of contents. The only substantive 
portions that may exceed the 30-page limit are documents supporting 
assertions or conclusions made in the 30-page project narrative. Except 
for the benefit cost analysis, the Department does not consider support 
documentation or websites an essential part of the application and may 
not review supplemental materials as part of the application. If 
possible, website links to supporting documentation should be provided 
rather than copies of these supporting materials. If supporting 
documents are submitted, applicants should clearly identify within the 
project narrative the relevant portion of the project narrative that 
each supporting document supports. The Department recommends 
applications include the following sections:
i. Project Description
    The first section of the application should provide a concise 
description of the project, the port-related transportation challenges 
that it is intended to address, and how it will address those 
challenges. The project description should provide both a high-level 
overview of the overall project and a clear itemization of its major 
components. This section may discuss the project's history, including a 
description of any previously completed components. The applicant may 
use this section to place the project into a broader context of other 
transportation infrastructure investments being pursued by the project 
sponsor. This section should not address any selection criteria or 
project outcomes advanced by the project.
ii. Project Location
    This section of the application should describe the project 
location, including

[[Page 28389]]

a detailed geographical description of the proposed project, a map of 
the project's location and connections to existing transportation 
infrastructure, and geospatial data describing the project location. 
This section should also identify whether the project is located in a 
qualified opportunity zone \2\ designated pursuant to 26 U.S.C. 1400Z-
1.
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    \2\ See https://www.cdfifund.gov/Pages/ Opportunity-Zones.aspx 
for more information on opportunity zones.
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iii. Grant Funds, Sources, and Uses of Project Funds
    This section of the application should describe the project's 
budget. This budget should not include any previously incurred 
expenses.
    At a minimum, this section should include:
    (A) Project costs;
    (B) For all funds to be used for eligible project costs, the source 
and amount of those funds;
    (C) Documentation of funding commitments for non-Federal funds to 
be used for eligible project costs (documentation may be referenced and 
submitted as an appendix);
    (D) For Federal funds to be used for eligible project costs, the 
amount, nature, and source of any required non-Federal match for those 
funds;
    (E) A budget showing how each source of funds will be spent. The 
budget should show how each funding source will share in each major 
construction activity, and present that data in dollars and 
percentages. Funding sources should be grouped into three categories: 
Non-Federal; Ports Program; and other Federal. If the project contains 
individual components, the budget should separate the costs of each 
project component. If the project will be completed in phases, the 
budget should separate the costs of each phase. The budget detail 
should sufficiently demonstrate that the project satisfies the 
statutory cost-sharing requirements described in Section C.2.
    In addition to the information enumerated above, this section 
should provide complete information on how all project funds may be 
used. For example, if a particular source of funds is available only 
after a condition is satisfied, the application should identify that 
condition and describe the applicant's control over whether it is 
satisfied. Similarly, if a particular source of funds is available for 
expenditure only during a fixed time period, the application should 
describe that restriction. Complete information about project funds 
will ensure that the Department's expectations for award execution 
align with any funding restrictions unrelated to the Department, even 
if an award differs from the applicant's request.
iv. Leveraging of Federal Funds
    The Department calculates leverage as the ratio of non-Federal 
share of the project's future eligible project costs to total future 
eligible project costs. This section of the application should include:
    (A) A description of the applicant's activities to maximize the 
non-Federal share of the project funding;
    (B) A description of all evaluations of the project for private 
funding, the outcome of those evaluations, and all activities 
undertaken to pursue private funding for the project;
    (C) A description of any fiscal constraints that affect the 
applicant's ability to increase the amount of non-Federal revenue 
dedicated for transportation infrastructure.
    (D) If applicable, the amount of non-Federal investment the port 
has undertaken for related projects in the recent past as well as going 
forward.
v. Project Costs and Benefits
    This section describes the recommended approach for the completion 
and submission of a benefit cost analysis (BCA) as an appendix to the 
Project Narrative. The results of the analysis should also be 
summarized in the Project Narrative directly.
    The appendix should provide present value estimates of a project's 
benefits and costs relative to a no-build baseline. To calculate 
present values, applicants should apply a real discount rate (i.e., the 
discount rate net of the inflation rate) of 7 percent per year to the 
project's streams of benefits and costs. The purpose of the BCA is to 
enable the Department to evaluate the project's cost-effectiveness by 
estimating a benefit-cost ratio and calculating the magnitude of net 
benefits for the project.
    The primary economic benefits from projects eligible for Port 
Infrastructure Development Program grants are likely to include savings 
in travel time costs, vehicle and port operating costs, and safety 
costs for both existing users of the improved facility and new users 
who may be attracted to it because of the project. Savings in 
infrastructure maintenance costs may also be quantified. Applicants may 
describe other categories of benefits in the BCA that are more 
difficult to quantify and value in economic terms, such as improving 
the reliability of travel times, while also providing numerical 
estimates of the magnitude and timing of each of these additional 
impacts wherever possible. Any benefits claimed for the project, both 
quantified and unquantified, should be clearly tied to the expected 
outcomes of the project.
    The BCA should include the full costs of developing, constructing, 
operating, and maintaining the proposed project, as well as the 
expected timing or schedule for costs in each of these categories. The 
BCA may also consider the present discounted value of any remaining 
service life of the asset at the end of the analysis period. The costs 
and benefits that are compared in the BCA should also cover the same 
project scope, including the costs of other related projects on which 
the benefits of the Port Infrastructure Development Program project 
depend.
    The BCA should carefully document the assumptions and methodology 
used to produce the analysis, including a description of the baseline, 
the sources of data used to project the outcomes of the project, and 
the values of key input parameters. Applicants should provide all 
relevant files used for their BCA, including any spreadsheet files and 
technical memos describing the analysis (whether created in-house or by 
a contractor). The spreadsheets and technical memos should present the 
calculations in sufficient detail and transparency to allow the 
analysis to be reproduced by DOT evaluators. Detailed guidance for 
estimating some types of quantitative benefits and costs, together with 
recommended economic values for converting them to dollar terms and 
discounting to their present values, are available in the Department's 
guidance for conducting BCAs for projects seeking funding under the 
Port Infrastructure Development Program (www.transportation.gov/Portgrants).
vi. Project Outcomes
    If the project advances one or more of the five project outcomes 
described in section A of this notice, this section of the application 
should address those outcomes. The applicant should provide information 
demonstrating advancement of a particular outcome, consistent with the 
information described below, only if the project reasonably addresses 
that outcome. Applicants should avoid addressing a particular outcome 
if it is unrelated to the project. The Department recognizes that 
projects might address several outcomes but encourages applicants to 
describe only those outcome(s) the project most advances. The 
Department does not expect each project will address each outcome, so 
it is permissible not to address outcomes that do not apply to the 
project. An

[[Page 28390]]

applicant does not need to address one more of these outcomes to be 
awarded.
    (a) Advance technology-supported safety, and design efficiency 
improvements by incorporating technology or innovative approaches to 
port safety, design, or efficiency.
    If a project advances this outcome, this section of the application 
should describe technology and additional features that the applicant 
will incorporate into the project. The application should also include 
a discussion of any benefits of the proposed innovative technology 
beyond improving efficiency. Indicators of efficiency could also 
include vessel and/or truck turn times, capacity increases or 
enhancements, modal diversion, or improved connectivity.
    If the project incorporates fully-automated cargo-handling 
equipment, the applicant should provide information demonstrating the 
job change that will result from the project, including supporting 
evidence that the project will not directly result in a net job loss as 
described in Section E.1.vi.
    (b) Bring facilities to a state of good repair and improve 
resiliency by addressing current or projected vulnerabilities in the 
condition of port transportation facilities.
    If a project advances this outcome, this section of the application 
should describe how the project will contribute to a state of good 
repair by improving the condition or resilience of existing 
transportation facilities and intermodal connectors including the 
project's current condition and how the proposed project will improve 
it, and any estimates of impacts on long-term cost structures or 
impacts on overall life-cycle costs.
    (c) Promote efficient energy trade by supporting the efficient 
movement of energy products and/or increasing national energy 
production capacity.
    If a project advances this outcome, this section should describe 
energy commodities that the port handles and how the project improves 
the efficiency of domestically-produced energy movements. For the 
purpose of this notice, energy commodities means: (1) Petroleum 
products; (2) natural gas (including LNG); (3) coal; and (4) biofuels. 
Applicants are expected to quantify current and projected volumes of 
those commodities through the port in the application, both by tonnage 
and value.
    (d) Promote manufacturing, agriculture, or other forms of exports 
by increasing the efficient movement of goods for exports and/or 
increasing national export capacity.
    If a project advances this outcome, this section should include a 
description of the applicant's current export initiatives, including 
the volume of imports and exports by tonnage and value and export to 
import ratio, as well as a description of how the project would improve 
port capacity to handle exports or improve the efficiency of export 
flows.
    (e) For only the top 15 coastal ports, support the safe flow of 
agricultural and food products, free of pests and disease, domestically 
and internationally.
    If a project advances this outcome, this section should describe 
how the project will further the phytosanitary treatment requirements 
of 7 CFR 305.5-305.8, including improving facilities to prevent the 
inadvertent introduction of harmful organisms and diseases into the 
United States
vii. Demonstrated Project Readiness
    This section of the application should include information that, 
when considered with the project budget information presented elsewhere 
in the application, is sufficient for the Department to evaluate 
whether the project is reasonably expected to begin construction in a 
timely manner. To assist the Department's project readiness assessment, 
the applicant should provide information on technical feasibility, 
project schedule, project approvals, and project risk, each of which is 
described in greater detail in the following sections. To minimize 
redundant information in the application, the Department encourages 
applicants to cross-reference from this section of their application to 
relevant substantive information in other sections of the application.
    The guidance here is about what information applicants should 
provide and how the applicant should organize their application. 
Guidance describing how the Department will evaluate a project's 
readiness is described in Section E.1.iv of this notice. Applicants 
also should review that section when considering how to organize their 
application.
    Applicants are not required to follow the specific format described 
here, but this organization, which addresses each relevant aspect of 
project readiness, promotes a clear discussion that assists project 
evaluators.
(a) Technical Feasibility
    The applicant should demonstrate the technical feasibility of the 
project with engineering and design studies and activities; the 
development of design criteria and/or a basis of design; the basis for 
the cost estimate presented in the application, including the 
identification of contingency levels appropriate to its level of 
design; and any scope, schedule, and budget risk mitigation measures. 
Applicants should include a detailed statement of work that focuses on 
the technical and engineering aspects of the project and describes in 
detail the project to be constructed.
(b) Project Schedule
    The applicant should include a detailed project schedule that 
identifies all major project milestones. Examples of such milestones 
include State and local planning approvals; start and completion of 
NEPA and other Federal environmental reviews and approvals including 
permitting; design completion; right of way acquisition; approval of 
plans, specifications and estimates; procurement; State and local 
approvals; project partnership and implementation agreements, including 
agreements with railroads; and construction. The project schedule 
should be sufficiently detailed to demonstrate that the project can 
begin construction quickly upon obligation of Port Infrastructure 
Development Program funds, and that the grant funds will be spent 
expeditiously once construction starts.
(c) Required Approvals
    (1) Environmental Permits and Reviews.
    (a) Information about the NEPA status of the project. The applicant 
should indicate the anticipated NEPA level of review for the project 
and describe any environmental analysis in progress or completed. This 
includes Categorical Exclusion, Environmental Assessment/Finding of No 
Significant Impact, or Environmental Impact Statement/Record of 
Decision. The applicant should review Maritime Administration Manual of 
Orders MAO 600-1 prior to submission. The application should detail the 
type of NEPA review underway, where the project is in the process, and 
indicate the anticipated date of completion of all milestones and of 
the final NEPA determination. If the last agency action with respect to 
NEPA documents occurred more than three years before the application 
date, the applicant should describe why the project has been delayed 
and include a proposed approach for verifying and, if necessary, 
updating this material in accordance with applicable NEPA requirements.
    (b) Environmental Permits and Reviews. The application should 
demonstrate receipt (or reasonably anticipated receipt) of all 
environmental

[[Page 28391]]

permits and approvals necessary, including Section 106 of the National 
Historical Preservation Act, 54 U.S.C. 306108, and Section 7 of the 
Endangered Species Act, 16 U.S.C. 1531, for the project to proceed to 
construction on the timeline specified in the project schedule and 
necessary to meet the statutory obligation deadline, including 
satisfaction of all Federal, State, and local requirements and 
completion of the NEPA process.
    (c) Additional information.
    The application should also include:
    (i) Information on reviews, approvals, and permits by other 
agencies. An application should indicate whether the proposed project 
requires reviews or approval actions by other agencies,\3\ indicate the 
status of such actions, and provide detailed information about the 
status of those reviews or approvals and should demonstrate compliance 
with any other applicable Federal, State, or local requirements, and 
when such approvals are expected. Applicants should provide a website 
link or other reference to copies of any reviews, approvals, and 
permits prepared.
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    \3\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.
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    (ii) A description of whether the project is dependent on, or 
affected by, U.S. Army Corps of Engineers investment and the U.S. Army 
Corps of Engineers planned activities as it relates to the project.
    (iii) Environmental studies or other documents, preferably through 
a website link, that describe in detail known project impacts, and 
possible mitigation for those impacts. This could include State NEPA 
analysis information as applicable.
    (iv) A description of discussions with the appropriate Maritime 
Administration NEPA Coordinator in the Maritime Administration Office 
of Environment regarding the project's compliance with NEPA and other 
applicable Federal environmental reviews and approvals.
    (v) A description of public engagement about the project that has 
occurred, including details on the degree to which public comments and 
commitments have been integrated into project development and design.
    (2) State and Local Approvals. The applicant should demonstrate 
receipt of State and local approvals on which the project depends, such 
as State and local environmental and planning. Additional support from 
relevant State and local officials is not required; however, an 
applicant should demonstrate that the project has broad public support.
(d) Assessment of Project Risks and Mitigation Strategies
    Project risks, such as procurement delays, environmental 
uncertainties, increases in real estate acquisition costs, uncommitted 
local match, or lack of legislative approval, affect the likelihood of 
successful project start and completion. The applicant should identify 
all material risks to the project and the strategies that the lead 
applicant and any project partners have undertaken or will undertake in 
order to mitigate those risks. The applicant should assess the greatest 
risks to the project and identify how the project parties will mitigate 
those risks.
    To the extent the applicant is unfamiliar with the requirements for 
receiving and expending Federal grant funds administered by the 
Maritime Administration, the applicant should contact the Ports Program 
staff for information on the pre-requisite steps to obligate Federal 
funds in order to ensure that their project schedule is reasonable and 
there are no risks of delays in satisfying Federal requirements.
viii. Domestic Preference
    This section should include a description of whether materials and 
manufactured products to be used in the project are produced or 
manufactured domestically. This section should also include an 
assessment of what, if any, materials or manufactured products would 
require an exception or waiver of the Buy American provisions described 
in section F.2 of this notice and the applicant's current efforts and 
planned future efforts to maximize domestic content. The content of 
this section of the application is particularly important for projects 
that propose the acquisition of heavy equipment, including cranes, that 
are often procured from foreign manufacturers. If the project may, or 
is likely to, need a waiver or exception, the applicant should describe 
a plan to maximize domestic content.

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

    Each applicant must: (1) Be registered in SAM before submitting its 
application; (2) provide a valid unique entity identifier in its 
application; and (3) continue to maintain an active SAM registration 
with current information at all times during which it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency.
    The Department may not make a Port Infrastructure Development 
Program Grant award to an applicant until the applicant has complied 
with all applicable unique entity identifier and SAM requirements and, 
if an applicant has not fully complied with the requirements by the 
time Department is ready to make a Port Infrastructure Development 
Program grant award, the Department may determine that the applicant is 
not qualified to receive a Port Infrastructure Development Program 
grant award and use that determination as a basis for making a Port 
Infrastructure Development Program grant award to another applicant.

4. Submission Dates and Times

i. Deadline
    Applications must be submitted by 8:00 p.m. E.D.T. on September 16, 
2019. The funding opportunity on Grants.gov will open by August 1, 
2019.
    To submit an application through Grants.gov, applicants must:
    (1) Obtain a Data Universal Numbering System (DUNS) number;
    (2) Register with the System for Award Management (SAM) at 
www.SAM.gov;
    (3) Create a Grants.gov username and password; and
    (4) The E-Business Point of Contact (POC) at the applicant's 
organization must respond to the registration email from Grants.gov and 
login at Grants.gov to authorize the applicant as the Authorized 
Organization Representative (AOR). Please note that there can be more 
than one AOR for an organization.
    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and that the Department will not consider late 
applications that are the result of failure to register or comply with 
Grants.gov applicant requirements in a timely manner. For information 
and instruction on each of these processes, please see instructions at 
http://www.grants.gov/web/grants/applicants/applicantfaqs.html. If 
applicants experience difficulties at any point during the registration 
or application process, please call the Grants.gov Customer Service 
Support Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to 
9:00 p.m. EST.
ii. Consideration of Applications
    Only applicants who comply with all submission deadlines described 
in this notice and electronically submit valid applications through 
Grants.gov will be eligible for award. Applicants are strongly 
encouraged to make submissions in advance of the deadline.

[[Page 28392]]

iii. Late Applications
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact [email protected] prior to the 
application deadline with the user name of the registrant and details 
of the technical issue experienced. The applicant must provide:
    (1) Details of the technical issue experienced;
    (2) Screen capture(s) of the technical issues experienced along 
with corresponding Grants.gov ``Grant tracking number'';
    (3) The ``Legal Business Name'' for the applicant that was provided 
in the SF-424;
    (4) The AOR name submitted in the SF-424;
    (5) The DUNS number associated with the application; and
    (6) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its website; (3) failure to follow all instructions 
in this notice of funding opportunity; and (4) technical issues 
experienced with the applicant's computer or information technology 
environment. After the Department reviews all information submitted and 
contacts the Grants.gov Help Desk to validate reported technical 
issues, DOT staff will contact late applicants to approve or deny a 
request to submit a late application through Grants.gov. If the 
reported technical issues cannot be validated, late applications will 
be rejected as untimely.

E. Application Review Information

1. Criteria

    This section specifies the criteria that the Department will use to 
evaluate and award applications for Port Infrastructure Development 
Program Grants.
i. Leveraging of Federal Funding
    To maximize the impact of Port Infrastructure Development Program 
grant awards, the Department seeks to leverage Port Infrastructure 
Development Program funding with non-Federal contributions. To evaluate 
this criterion, the Department will assign a rating to each project 
based on how the calculated non-Federal share of the project's future 
eligible project costs compares with other projects proposed for Port 
Infrastructure Development Program Grant funding. The Department will 
sort project applications' non-Federal leverage percentage from high to 
low, and the assigned ratings will be based on quintile: Projects in 
the 80th percentile and above receive the highest rating; the 60th-79th 
percentile receive the second highest rating; 40th-59th, the third 
highest; 20-39th, the fourth highest; and 0-19th, the lowest rating.
    The project's non-Federal leverage percentage will be calculated 
based on the best available information provided by the applicant. In 
cases where the source of the funding is unclear, the funding will be 
treated as Federal for the purposes of this calculation.
    Unlike how the Department evaluates cost share for eligibility 
purposes (as described in section C.2 of this notice), for the purposes 
of evaluating leverage as a competitive selection criterion, proceeds 
of Federal assistance under chapter 6 of Title 23, United States Code 
or sections 501 through 504 of the Railroad and Revitalization and 
Regulatory Reform Act of 1976 (Pub. L. 94-210), as amended, shall be 
considered to be part of the Federal share of project costs. 
Applications that require other discretionary funding from the 
Department to complete the project's funding package will be considered 
less competitive.
    This evaluation criterion is separate from the statutory cost share 
requirements for Port Infrastructure Development Program Grants, which 
are described in Section C.2. Those statutory requirements establish 
the minimum permissible non-Federal share; they do not define a 
competitive Port Infrastructure Development Program Grant project.
ii. Project Costs and Benefits
    The Department will consider the costs and benefits of projects 
seeking Port Infrastructure Development Program funding. To the extent 
possible, the Department will rely on quantitative, data-supported 
analysis to assess how well a project addresses this criterion, 
including an assessment of the project's estimated benefit-cost ratio 
and net benefits based on the applicant-supplied BCA described in 
Section D.2.v.
    Based on the Department's assessment, the Department will group 
projects into ranges based on their estimated benefit costs ratio (BCR) 
and net present value (NPV), and assign a level of confidence 
associated with each project's assigned BCR and NPV ratings. The 
Department will use these ranges for BCR: Less than 1; 1-1.5; 1.5-3; 
and greater than 3. The Department will use these ranges for NPV: Less 
than $0; $0-$50,000,000; $50,000,000-$250,000,000; and greater than 
$250,000,000. The confidence levels are high, medium, and low.
iii. Project Outcomes
    The Department will evaluate information described in Section 
D.2.vi to determine whether the project advances each of the following 
five project outcomes. Among otherwise comparable applications, one 
that advances at least one of these outcomes will be more competitive 
than one that does not.
    (a) Advance technology supported safety, and design efficiency 
improvements by incorporating technology or innovative approaches to 
port safety, design, or efficiency.
    (b) Improve state of good repair and resiliency by addressing 
current or projected vulnerabilities in the condition of port 
transportation facilities.
    (c) Promote efficient energy trade by supporting the efficient 
movement of domestically-produced energy products and/or increasing 
national energy capacity.
    (d) Promote manufacturing, agriculture, or other forms of exports 
by increasing the efficient movement of exports and/or increasing 
national export capacity.
    (e) For only the top 15 coastal ports, support the safe flow of 
agricultural and food products, free of pests and disease, domestically 
and internationally.
iv. Demonstrated Project Readiness
    The Department will consider project readiness to assess the 
likelihood of a successful project. In that analysis, the Department 
will consider significant risks to successful completion of a project, 
including risks associated with environmental review, permitting, 
technical feasibility, funding, and the applicant's capacity to manage 
project delivery. Risks do not disqualify projects from award, but 
competitive applications clearly and directly describe achievable risk 
mitigation strategies. The Department will assign one of three risk 
ratings based on the likelihood that the project will be successfully 
delivered within a reasonable timeframe: High risk means that there is 
a high likelihood that the project will not be successfully delivered; 
moderate risk means there is some possibility that the project will not 
be successfully delivery; and low risk means that it is highly likely 
that the project will be successfully delivered.

[[Page 28393]]

v. Domestic Preference
    The Department will consider whether an exception/waiver of the Buy 
American provisions will be necessary to complete the project. Among 
otherwise comparable applications, projects that depend on materials or 
manufactured products that do not comply with domestic preference 
requirements will be less competitive than projects that comply with 
those requirements. Among otherwise comparable applications that 
require exceptions or waivers, an application that presents an 
effective plan to maximize domestic content will be more competitive 
than one that does not. The Department will not award projects that 
likely need a waiver but present no plan to maximize domestic content.
vi. Additional Considerations
    The Department will consider the geographic diversity among 
applicants when selecting Port Infrastructure Development Program Grant 
awards, including whether the project is located in a qualified 
opportunity zone designated pursuant to 26 U.S.C. 1400Z-1. A project 
located in a qualified opportunity zone is more competitive than a 
similar project that is not located in a qualified opportunity zone.
    In awarding grants from funds for the 15 coastal seaports that 
handled the greatest number of loaded foreign and domestic twenty-foot 
equivalent units of containerized cargo in 2016, as identified by the 
U.S. Army Corps of Engineers, the Department will give priority 
consideration for proposed projects that construct treatment facilities 
defined in section 305.1 of title 7, Code of Federal Regulations, to 
meet the phytosanitary treatment requirements of sections 305.5 through 
305.8 of title 7, Code of Federal Regulations.
    The Joint Explanatory Statement that accompanied the Consolidated 
Appropriations Act, 2019, directed the Department ``to ensure that any 
fully-automated cargo-handling equipment procured under [the Program] 
will not directly result in a net job loss or directly reduce the 
overall safety, reliability and efficiency of the port.'' For projects 
that incorporate fully automated cargo-handling equipment, the 
Department will consider job change that will result from the project, 
including whether the project will directly result in a net job loss.

2. Review and Selection Process

    The Ports Program evaluation consists of Intake, a Technical Review 
Phase, and a Senior Review phase, each of which are described below. 
During the Technical Review Phase, Department staff analyze 
applications and provide ratings for the selection criteria, consistent 
with the descriptions in this NOFO. Based on this analysis, the Senior 
Review Team assembles a list of Projects for Consideration for 
selection by the Secretary based on the selection criteria described in 
Section E. The Secretary makes final selections based on the criteria 
described in Section E.
    Throughout the review and selection process, the Department may 
seek additional information from an applicant related to project 
eligibility, whether the project can be completed with a reduced award, 
or data needed to complete project analysis.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk 
assessment as required by 2 CFR 200.205. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS). 
An applicant may review information in FAPIIS and comment on any 
information about itself. The Department will consider comments by the 
applicant, in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation outlined in Section E, the Department will 
announce awarded projects by posting a list of selected projects at 
www.transportation.gov/Portgrants. Notice of selection is not 
authorization to begin performance. Following that announcement, the 
Department will contact the point of contact listed in the SF 424 to 
initiate negotiation of the grant agreement for authorization.

2. Administrative and National Policy Requirements

    The Department will determine the period of performance for each 
award based on the specific project that was evaluated and selected. 
DOT will administer each Port Infrastructure Development Program Grant 
pursuant to a grant agreement with the grant recipient. Amounts awarded 
as a grant under this notice that are not expended by the grant 
recipient shall remain available to DOT for use for grants under this 
program, either in the same or different fiscal year as this notice.
    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR part 200, as adopted by the Department of 
Transportation at 2 CFR part 1201. Additionally, applicable Federal 
laws, Executive Orders, and any rules, regulations, and requirements of 
the Maritime Administration will apply to the projects that receive 
Port Infrastructure Development Program Grants awards.
    As expressed in Executive Orders 13788 of April 18, 2017 and 13858 
of January 31, 2019, it is the policy of the executive branch to 
maximize, consistent with law, the use of goods, products, and 
materials produced in the United States in the terms and conditions of 
Federal financial assistance awards. Consistent with the requirements 
of Section 410 of the Transportation, Housing and Urban Development, 
and Related Agencies Appropriations Act, 2019 (Pub. L. 116-6, div. G, 
February 15, 2019), the Buy American requirements of 41 U.S.C. 8301-
8305 apply to funds made available under this notice and other 
expenditures within the scope of the award, and all grant recipients 
must apply, comply with, and implement all provisions of the Buy 
American Act and related provisions in the grant agreement when 
implementing Port Infrastructure Development Program Grant projects. If 
selected for an award, grant recipients will be required to obtain 
approval from the Department before applying any Buy American Act 
exception. To obtain that approval, grant recipients must be prepared 
to demonstrate how they will maximize the use of domestic goods, 
products, and materials in constructing their project.
    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; the 
conditions of performance, nondiscrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of the Department of Transportation; and applicable Federal 
financial assistance and contracting principles promulgated by the 
Office of Management and Budget. In complying

[[Page 28394]]

with these requirements, recipients, in particular, must ensure that no 
concession agreements are denied or other contracting decisions made on 
the basis of speech or other activities protected by the First 
Amendment. If the Department determines that a recipient has failed to 
comply with applicable Federal requirements, the Department may 
terminate the award of funds and disallow previously incurred costs, 
requiring the recipient to reimburse any expended award funds.
    Additionally, Federal wage rate requirements included in subchapter 
IV of chapter 31 of title 40, U.S.C., apply to all projects receiving 
funds under this program, and apply to all parts of the project, 
whether funded with Port Infrastructure Development Program grant 
funds, other Federal funds, or non-Federal funds.
    Port Infrastructure Development Program projects involving vehicle 
acquisition must involve only vehicles that comply with applicable 
Federal Motor Vehicle Safety Standards and Federal Motor Vehicle Safety 
Regulations, or vehicles that are exempt from Federal Motor Carrier 
Safety Standards or Federal Motor Carrier Safety Regulations in a 
manner that allows for the legal acquisition and deployment of the 
vehicle or vehicles.

3. Reporting

    This section of the notice provides general information about the 
reporting requirements that accompany Port Infrastructure Development 
Program Grant funding. Potential applicants should review these 
requirements to ensure that they can satisfy them if they receive an 
award. A recipient's failure to timely submit required reports may 
result in termination of an award and a legal requirement for the 
recipient to return funding to the Department.
i. Progress Reporting on Grant Activities
    Each applicant selected for Port Infrastructure Development Program 
Grants funding must submit quarterly progress reports and Federal 
Financial Reports (SF-425) to monitor project progress and ensure 
accountability and financial transparency in the Port Infrastructure 
Development Program.
ii. Outcome Performance Reporting
    Each applicant selected for Port Infrastructure Development Program 
Grant funding must collect information and report on the project's 
observed performance with respect to the relevant long-term outcomes 
that are expected to be achieved through construction of the project. 
Performance indicators will include formal goals or targets for a 
period determined by the Department. They will be used to evaluate and 
compare projects and monitor the results that grant funds achieve to 
the intended long-term outcomes of the Port Infrastructure Development 
Program. To the extent possible, performance indicators used in the 
reporting will align with the measures included in the application and 
will relate to at least one of the selection criteria defined in 
Section E and to a benefit estimated in the BCA. The Department expects 
that the level of performance will be consistent with estimates used in 
the applicant's BCA. Performance reporting continues for several years 
after project construction is completed, and the Department does not 
provide Port Infrastructure Development Program grant funding 
specifically for performance reporting. For each project selected for 
award, the Department, with input from the grant recipients, will 
identify the measures to be collected. Those measures and the reporting 
requirements will be formalized in the agreement obligating award funds 
for the project.
iii. Port Performance Reporting
    The Department is required to report annually on port performance 
(see Sec. 6314 of the FAST Act). To help the Department more accurately 
assess port performance, Port Infrastructure Development Program grant 
recipients will be required to enter a data sharing agreement to submit 
to the Department information where consistent data related to the 
project, particularly on cargo throughput, is not publicly available 
and difficult to collect from Ports and port terminals. Data, which 
must originate from the port, that could be required as a condition of 
award includes the following:

 Total capacity of inbound and outbound cargo
 Total volume of inbound and outbound cargo
 Average number of lifts per hour of containers by crane
 Average vessel turn time by vessel type
 Average cargo or container dwell time
 Port storage capacity and utilization
 Modal throughput statistics, including rail and truck turn 
times
 Types of cargo moved
 Presences and location of intermodal connectors
 Physical size of the terminals within the port boundaries
 Maximum authorized channel depth and maximum actual/current 
channel depth
 Schedule vessel arrivals (for use in determining vessel on-
time performance)
 Berth utilization

    Details and definitions on the data elements described above will 
be provided in the data sharing agreement with the Department.
iv. Asset Management Report
    A Port Infrastructure Development Program grant recipient that does 
not currently have an asset management plan in place will be required 
to include a post-construction reporting requirement utilizing the 
Asset Management Tool currently under development by the Maritime 
Administration. The reporting requirement should include both changes 
in operating cost and performance.
v. Reporting of Matters Related to Recipient Integrity and Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported to the SAM that is made available in the 
designated integrity and performance system (currently FAPIIS) about 
civil, criminal, or administrative proceedings described in paragraph 2 
of this award term and condition. This is a statutory requirement under 
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 
required by section 3010 of Public Law 111-212, all information posted 
in the designated integrity and performance system on or after April 
15, 2011, except past performance reviews required for Federal 
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the 
Port Infrastructure Development Program staff via email at 
[email protected], or call or call Bob Bouchard, Director, Office of Port 
Infrastructure Development, at 202-366-5076. A TDD is available for 
individuals who are deaf or hard of hearing at 202-366-3993. In 
addition, the Department will post answers to questions and requests 
for clarifications at www.transportation.gov/Portgrants. To ensure 
applicants receive accurate information about eligibility or the 
program, the applicant is encouraged to contact DOT directly, rather 
than through intermediaries or third parties,

[[Page 28395]]

with questions. DOT may also conduct briefings on the Port 
Infrastructure Development Program Grants selection and award process 
upon request.

H. Other Information

1. Protection of Confidential Business Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the applicant submits information 
that the applicant considers to be a trade secret or confidential 
commercial or financial information, the applicant must provide that 
information in a separate document, which the applicant may cross-
reference from the application narrative or other portions of the 
application. For the separate document containing confidential 
information, the applicant must do the following: (1) State on the 
cover of that document that it ``Contains Confidential Business 
Information (CBI)''; (2) mark each page that contains confidential 
information with ``CBI''; (3) highlight or otherwise denote the 
confidential content on each page; and (4) at the end of the document, 
explain how disclosure of the confidential information would cause 
substantial competitive harm. DOT will protect confidential information 
complying with these requirements to the extent required under 
applicable law. If DOT receives a Freedom of Information Act (FOIA) 
request for the information that the applicant has marked in accordance 
with this section, DOT will follow the procedures described in its FOIA 
regulations at 49 CFR 7.29. Only information that is in the separate 
document, marked in accordance with this section, and ultimately 
determined to be confidential under Sec.  7.29 will be exempt from 
disclosure under FOIA.

2. Publication/Sharing of Application Information

    Following the completion of the selection process and announcement 
of awards, the Department intends to publish a list of all applications 
received along with the names of the applicant organizations and 
funding amounts requested. Except for the information properly marked 
as described in Section H.1., the Department may make application 
narratives publicly available or share application information within 
the Department or with other Federal agencies if the Department 
determines that sharing is relevant to the respective program's 
objectives.

    Issued in Washington, DC, on June 11, 2019.
Elaine L. Chao,
Secretary.
[FR Doc. 2019-12871 Filed 6-17-19; 8:45 am]
BILLING CODE 4910-9X-P