[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24615-24624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08830]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration


Notice of Funding Opportunity for America's Marine Highway 
Projects

AGENCY: Maritime Administration, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: This notice announces the availability of funding for grants 
and establishes selection criteria and application requirements for the 
America's Marine Highway Program (``AMHP''). The purpose of this 
program is to make grants available to previously designated Marine 
Highway Projects that support the development and expansion of 
documented vessels or port and landside infrastructure. The Department 
also seeks eligible grant projects that will strengthen American supply 
chains. The U.S. Department of Transportation (``DOT'' or 
``Department'') will award Marine Highway Grants to implement projects 
or components of projects previously designated by the Secretary of 
Transportation (``Secretary'') under the AMHP. Only Marine Highway 
Projects the Secretary designates before the Notice of Funding 
Opportunity (``NOFO'') closing date are eligible for funding as 
described in this notice. This notice is amended on April 21, 2022 to 
reflect additional funding made available under the Consolidated 
Appropriations Act, 2022 and associated requirements.

DATES: Applications must be received by the Maritime Administration 
(``MARAD'') by 5:00 p.m. Eastern Time on June 17, 2022.

ADDRESSES: Grant applications must be submitted electronically using 
Grants.gov (https://www.grants.gov). Please be aware that you must 
complete the Grants.gov registration process before submitting your 
application and that the registration process usually takes 2 to 4 
weeks to complete. Applicants are strongly encouraged to make 
submissions in advance of the deadline.

FOR FURTHER INFORMATION CONTACT: Fred Jones, Office of Ports & 
Waterways Planning, Room W21-311, Maritime Administration, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590, phone 202-366-1123, or email [email protected]. Persons who use 
a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during business hours. The FIRS is available twenty-four 
hours a day, seven days a week, to leave a message or question with the 
above individual. You will receive a reply during regular business 
hours.

SUPPLEMENTARY INFORMATION: Each section of this notice contains 
information and instructions relevant to the Marine Highway Grants 
application process. All applicants should read this notice in its 
entirety so that they have the information they need to submit eligible 
and competitive applications. Applications received after the deadline 
will not be considered except in the case of unforeseen technical 
difficulties as outlined below in Section D.6.

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

A. Program Description

    The Secretary, in accordance with 46 U.S.C. 55601, established a 
marine highway transportation grant program to implement projects or 
components of designated Marine Highway Projects that provide a 
coordinated and capable alternative to landside transportation or that 
promote marine highway transportation. The primary goal of the AMHP is 
to expand the use of the nation's navigable waters to relieve landside 
congestion, reduce air emissions, and generate other public benefits by 
increasing the efficiency of the surface transportation system, and 
Marine Highway Grants will be awarded to further this purpose.
    The Infrastructure Investment and Jobs Act (Pub. L. 117-58, 
November 15, 2021) (``Bipartisan Infrastructure Law'' or ``BIL'') 
appropriated $25,000,000 to be awarded by the Department for Marine 
Highway Grants. On March 15, 2022, the Consolidated Appropriations Act, 
2022 (Pub. L. 117-103, ``FY 2022 Appropriations Act'') appropriated an 
additional $14,819,000 for the FY 2022 AMHP. Therefore, a total of 
$39,819,000 in funding is now available for the FY 2022 AMHP. This 
notice solicits applications for projects to be funded under the AMHP, 
and includes the funding appropriated by the BIL in addition to the 
funding appropriated for the AMHP under the FY 2022 Appropriations Act. 
The grant funds currently available are for projects related to vessels 
documented under 46 U.S.C. Chapter 121 and port and landside 
infrastructure. Section E of this notice, which outlines the Marine 
Highway Grants selection criteria, describes the process for selecting 
projects that further this goal. Section F.3. describes progress and 
performance reporting requirements for selected projects, including the 
relationship between that reporting and the program's selection 
criteria.
    Since this program was created, more than $51.7 million has been 
awarded through competitive grants to implement projects or components 
of projects designated under 46 U.S.C. 55601. Throughout the program, 
these discretionary grants have been awarded

[[Page 24616]]

to projects that have supported the development and expansion of 
documented vessels and port and landside infrastructure, consistent 
with DOT's strategic infrastructure goals.\1\ The AMHP continues to 
align with the Department's strategic goals by guiding investments for 
port and landside infrastructure that expand the use of the nation's 
navigable waters.\2\ The FY 2022 AMHP round will be implemented, as 
appropriate and consistent with law, in alignment with the priorities 
in Executive Order 14052, Implementation of the Infrastructure 
Investment and Jobs Act (86 FR 64335), which are to invest efficiently 
and equitably, promote the competitiveness of the U.S. economy, improve 
job opportunities by focusing on high labor standards, strengthen 
infrastructure resilience to all hazards, which helps combat the crisis 
of climate change, coordinate effectively with State, local, Tribal, 
and territorial government partners, and support the Administration's 
Justice40 Initiative goal that 40% of the overall benefits from Federal 
investments in climate and clean energy flow to disadvantaged 
communities.
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    \1\ See U.S. Department of Transportation Strategic Plan for FY 
2018-2022 (Feb. 2018) at https://www.transportation.gov/administrations/office-policy/dot-strategic-plan-fy2018-2022.
    \2\ See U.S. Department of Transportation Strategic Framework FY 
2022-2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework.
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    The expectations of this notice also reflect the goal of 
strengthening American supply chains. This vision is consistent with 
the President's Port Action Plan, which calls for rapid action to 
relieve supply chain constraints at American ports through significant 
investments in the near, medium, and long term,\3\ and the program will 
seek projects that address supply chain disruptions.
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    \3\ The President's Port Action Plan may be found here: https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/09/fact-sheet-the-biden-harris-action-plan-for-americas-ports-and-waterways/.
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    This round of AMHP grant funding also highlights the 
Administration's priorities to invest in infrastructure projects that 
advance the goals of Executive Order 14008, Tackling the Climate Crisis 
at Home and Abroad (86 FR 7619), Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (86 FR 7009), and Executive Order 14025, Worker 
Organizing and Empowerment (86 FR 22829) by, for example: Proactively 
addressing equity \4\ for all, including people of color and others who 
have been historically underserved, marginalized, and adversely 
affected by persistent poverty, inequality, and barriers to 
opportunity; alleviating surface transportation congestion; and 
creating good paying jobs with the free and fair choice to join a 
union.
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    \4\ Executive Order 13985 defines ``equity'' as the consistent 
and systematic fair, just, and impartial treatment of all 
individuals, including individuals who belong to underserved 
communities that have been denied such treatment, such as Black, 
Latino, and Indigenous and Native American persons, Asian Americans 
and Pacific Islanders and other persons of color; members of 
religious minorities; lesbian, gay, bisexual, transgender, and queer 
(LGBTQ+) persons; persons with disabilities; persons who live in 
rural areas; and persons otherwise adversely affected by persistent 
poverty or inequality.
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    The America's Marine Highway Program Office (Program Office) 
follows a three-step approach when supporting investment opportunities 
for marine highway transportation services. The first step is 
designation of a Marine Highway Route by the Secretary. The Department 
accepts Marine Highway Route Designation requests at any time from 
Route Sponsors. Once a Route is designated, the second step is 
designation as a Marine Highway Project by the Secretary. Marine 
Highway Projects represent concepts for new services or expansions of 
existing marine highway services on designated Marine Highway Routes 
that use documented vessels and mitigate landside congestion or promote 
marine highway transportation. MARAD announces by notice in the Federal 
Register open season periods to allow Project Applicants opportunities 
to submit Marine Highway Project Designation applications. A Project 
Applicant must receive a Project Designation to then become eligible 
for Marine Highway Grant funding for that Project, the third step 
referenced above. Marine Highway Grant funding (the subject of this 
NOFO) is provided to successful public and private sector applicants as 
funds are appropriated by Congress.
    The America's Marine Highway Grant program is described in the 
Federal Assistance Listings with Assistance Listings Number 20.816.

B. Federal Award Information

    The total funding available for awards under this NOFO is 
$38,624,430. This amount represents $25,000,000 from available BIL 
funds and $14,819,000 from available FY 2022 Appropriations Act funds, 
less $1,194,570 ($750,000 from BIL funds and $444,570 from FY 2022 
Appropriations Act funds) for grant administration and oversight as 
permitted under 49 U.S.C. 109(i).
    Applicants should note that the two funding streams (BIL funding 
and FY 2022 Appropriations Act funding) have the same funding 
restrictions and requirements. Congress has requested that MARAD give 
preference to projects that reduce air emissions and vehicle miles 
traveled, other than for grant applications related to noncontiguous 
trade as defined in 46 U.S.C. 53501(4). Consolidated Appropriations 
Act, 2022 (Pub. L. 117-103, Explanatory Statement, Division L, 168 
Cong. Rec. H3039 (daily ed. March 9, 2022)). Applicants should 
carefully consider how to address the climate change and 
decarbonization criterion, as discussed further in Section D.2.vi.(D) 
and Section E.1., to increase their project's competitiveness.
    MARAD will seek to obtain the maximum benefit from the available 
funding by awarding grants to as many qualified projects as possible; 
however, per 46 U.S.C. 55601(g)(3), MARAD shall give preference to 
those projects or components that present the most financially viable 
transportation services and require the lowest percentage of Federal 
share of costs. Depending on the characteristics of the pool of 
qualified applications, it is possible MARAD may award all funds to a 
single project. MARAD may also award grant funds to support a portion 
of a project described in an application by selecting a discrete 
component(s). If this solicitation does not result in the award and 
obligation of all available funds, MARAD may publish additional 
solicitations.
    MARAD will administer each Marine Highway Grant pursuant to a grant 
agreement with the successful applicant, and the start date and period 
of performance for each award will be outlined in each grant agreement. 
Marine Highway Grant funds will be administered on a reimbursable 
basis. Unless authorized in writing by MARAD as allowable ``pre-award 
costs'' \5\ and incurred after the Department's announcement of Marine 
Highway Grant awards, any costs incurred prior to MARAD's obligation of 
funds for a project are ineligible for reimbursement and are ineligible 
to count as match for cost share requirements. Obligation occurs when a 
selected applicant and MARAD enter into a written grant agreement after 
the applicant has satisfied applicable administrative requirements, 
including

[[Page 24617]]

environmental review requirements, such as those under the National 
Environmental Policy Act (NEPA), and civil rights requirements, 
including those under Title VI of the Civil Rights Act of 1964, the 
Americans with Disabilities Act, and Section 504 of the Rehabilitation 
Act of 1973. MARAD seeks to obligate FY 2022 AMH funds under this 
notice by September 30, 2025 and expects grant recipients to expend 
funds within five years of obligation. As part of the review and 
selection process described in Section E.2., MARAD will consider a 
project's likelihood of obligating funds by September 30, 2025 and 
liquidation of these obligations within five years after the date of 
obligation.
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    \5\ Pre-award costs are only costs incurred directly pursuant to 
the negotiation and anticipation of the Marine Highway grant award 
where such costs are necessary for efficient and timely performance 
of the scope of work, as determined and pre-approved in writing by 
MARAD.
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    MARAD reserves the right to revoke any award of Marine Highway 
Grant funds and to award such funds to another project to the extent 
that such funds are not expended in a timely or acceptable manner and 
in accordance with the project schedule and requirements detailed in 
the grant agreement.
    Prior recipients of Marine Highway Grants may apply for funding to 
support additional phases of a designated project. However, to be 
competitive, the grant applicant should demonstrate the extent to which 
the previously funded project phase has met estimated project schedules 
and budget, as well as the ability to realize the benefits expected for 
the new award.

C. Eligibility Information

    To be selected for a Marine Highway Grant, an applicant must be an 
Eligible Applicant and the project must be an Eligible Project.

1. Eligible Applicants

    Eligible Applicants for funding available under this notice are 
original Project Applicants of projects that the Secretary has 
previously designated as Marine Highway Projects or substitute 
applicants. A substitute applicant can be either a public entity or a 
private-sector entity that has been referred to the Program Office by 
the original Project Applicant in a written letter of support. This 
letter of support must be included as an attachment to the application 
for funding. Original Project Applicants are defined as those public 
entities named by the Secretary in original designated projects. 
Eligible applicants must have operational or administrative areas of 
responsibility that are adjacent to or near the relevant designated 
Marine Highway Project. Eligible Applicants include State governments 
(including State departments of transportation), metropolitan planning 
organizations, port authorities, and tribal governments, or private 
sector operators of marine highway services within designated Marine 
Highway Projects. Private-sector applicants should refer to Section 
D.2.vi.(G) for additional documentation that must be submitted to 
support an eligibility determination.
    Eligible Applicants are encouraged to develop coalitions and 
public/private partnerships, which might include vessel owners and 
operators; third-party logistics providers; trucking companies; 
shippers; railroads; port authorities; state, regional, and local 
transportation planners; environmental organizations; impacted 
communities; or any combination of entities working in collaboration on 
a single grant application that can be submitted by the original 
Project Applicant or their designated substitute. All successful grant 
applicants, whether they are public or private entities, must comply 
with all Federal requirements, including the necessary NEPA review and 
documentation.
    If multiple Eligible Applicants submit a joint grant application, 
they must identify in the application a lead Eligible Applicant as the 
primary point of contact. Joint grant applications must include a 
description of the roles and responsibilities of each applicant, 
including designating the one entity that will receive the Federal 
funds directly from MARAD, and must include a signed letter of support 
from each Eligible Applicant as an attachment. Refer to Section D.5., 
Funding Restrictions, for more information.

2. Cost Sharing or Matching

    An Eligible Applicant must provide at least 20 percent of grant 
project costs from non-Federal sources. 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 these non-
Federal funds. Preference will be given to those projects that provide 
a larger percentage of costs from non-Federal sources. MARAD 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 Federally awarded funds, including applicable domestic content 
requirements. Refer to Section D.2. for information on documenting cost 
sharing in the application.
    For each project that receives a Marine Highway Grant award, the 
terms of the award will require the recipient to complete the project 
using at least the level of non-Federal funding that was specified in 
the application. If the actual costs of the project are greater than 
the costs estimated in the application, the recipient will be 
responsible for increasing the non-Federal contribution. If the actual 
costs of the project are less than the costs estimated in the 
application, the Department may reduce the Federal contribution.

3. Other

i. Eligible Projects
(A) Capital Projects
    Pursuant to the BIL and the FY 2022 Appropriations Act, eligible 
projects proposed for funding must support the development and 
expansion of vessels documented under 46 U.S.C. Chapter 121 or port and 
landside infrastructure. Only projects or their components that the 
Secretary has designated as Marine Highway Projects by the closing date 
of this notice are eligible for this round of grant funding. The 
current list of designated Marine Highway Projects can be found on the 
MARAD website at: https://cms.marad.dot.gov/sites/marad.dot.gov/files/2021-08/AMH%20Project%20Designations%20Aug%202021.pdf.
    Improvements to Federally owned facilities are ineligible under the 
Marine Highway Grant program.
(B) Planning Projects
    Grant funds may also be requested for eligible project planning 
activities; however, market-related studies are ineligible to receive 
Marine Highway Grants. Activities eligible for funding under Marine 
Highway planning grants are related to the planning, preparation, or 
design--including site design, engineering drawings, cost estimation, 
feasibility analysis, environmental review, permitting, and preliminary 
engineering and design work--of eligible documented vessel or port and 
landside infrastructure projects.
ii. Application Limit
    Each applicant may submit no more than one grant application per 
designated project.

D. Application and Submission Information

1. Address To Request Application Package

    This announcement contains all the information needed for 
applicants to

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apply for this funding opportunity. Applications may be found at and 
must be submitted through Grants.gov.

2. Content and Form of Application Submission

    The application must include the Standard Form 424 (Application for 
Federal Assistance), which can be found on Grants.gov, and the Project 
Narrative. MARAD recommends that the Project Narrative follows the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

I. First Page of Project Narrative..  See D.2.i.
II. Project Description.............  See D.2.ii.
III. Project Location...............  See D.2.iii.
IV. Grant Funds, Sources, and Uses    See D.2.iv.
 of Project Funds.
V. Selection Criteria...............  See D.2.v. and E.1.
VI. Other Application Requirements..  See D.2.vi.
 

    The Project Narrative should include the information necessary for 
MARAD to determine that the project satisfies the requirements 
described in Sections B and C, and to assess the selection criteria 
specified in Section E.1., including a detailed project description, 
location, and budget. To the extent practicable, applicants should 
provide supporting data and documentation in a form that is directly 
verifiable by MARAD. Applicants are strongly encouraged to provide 
quantitative information, including baseline information, that 
demonstrates a project's merits and economic viability. MARAD may ask 
any applicant to supplement data in its application but expects 
applications to be complete upon submission. Incomplete applications 
may not be considered for an award.
    The Project Narrative should also include a table of contents, 
maps, and graphics, as appropriate, to make the information easier to 
review. MARAD 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 12 pages in length, excluding the table of contents and 
appendices. The only substantive portions that may exceed the 12-page 
limit are documents supporting assertions or conclusions made in the 
12-page Project Narrative. If possible, website links to supporting 
documentation should be provided rather than copies of these supporting 
materials. It is important to ensure that the website links are 
currently active, accessible, and working. 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. MARAD recommends using appropriately 
descriptive file names (e.g., ``Project Narrative,'' ``Maps,'' 
``Letters of Support'') for all attachments. At the applicant's 
discretion, relevant materials provided previously in support of a 
Marine Highway Project application may be referenced, updated, or 
described as unchanged. To the extent documents provided previously are 
referenced, they need not be resubmitted in support of a Marine Highway 
Grant application.
    To ensure the Project Narrative is sufficiently detailed and 
informative, MARAD recommends applications include the following 
sections:
i. First Page of Project Narrative
    The first page of the Project Narrative should provide the 
following items of information:
    (A) Marine Highway Designated Project name and the original Project 
Applicant (as stated on the Marine Highway Program's list of Designated 
Projects);
    (B) Primary point of contact, including the name, phone number, 
email address, and business address of the primary point of contact for 
the Eligible Applicant. If submitting a joint application, the primary 
point of contact should be for the lead Eligible Applicant;
    (C) Total amount of the proposed grant project cost in dollars and 
the amount of Federal grant funds the applicant is seeking, along with 
sources and share of matching funds;
    (D) Executive Summary, which should include an outline of the 
background of the project, the need for the project, and how the grant 
funding will be applied in the context of the service referenced in the 
original Project Designation application;
    (E) The public and private partners engaged in the Marine Highway 
Project;
    (F) The Unique Entity Identifier (UEI) Number \6\ associated with 
the application--Marine Highway Grant Recipients and their first-tier 
sub-awardees must obtain UEI numbers, which are available in SAM.gov; 
and
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    \6\ On April 4, 2022, the Federal government will stop using the 
Data Universal Numbering System (DUNS) number to uniquely identify 
entities. At that point, entities doing business with the Federal 
government will use a Unique Entity Identifier (UEI) created in 
SAM.gov. If your entity is currently registered in SAM.gov, your UEI 
has already been assigned and is viewable in SAM.gov. This includes 
inactive registrations.
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    (G) Evidence of registration with the System for Award Management 
(SAM) at https://www.SAM.gov.
ii. Project Description
    The next section of the application should provide a description of 
the project. The project description must be in paragraph form 
providing a high-level view of the overall project and its major 
components. This section should 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 grant applicant, and, if applicable, how it will benefit 
communities in rural areas. The project description should be 
sufficiently detailed so that the NEPA class of action can be 
determined without additional requests for information.
    This section should also include a timeline for implementing the 
project, including identifying major project milestones. The project 
schedule should be sufficiently detailed to demonstrate that the 
project can complete construction and expend all funds within five 
years after obligation. See Section B.
    Additionally, if a project addresses regional or national supply 
chain delays on the freight transportation network or strengthens 
supply chain resiliency, this section of the application should include 
sufficient information to enable evaluation of: (i) An existing or 
anticipated regional or national supply chain delay and (ii) how the 
project will address the identified delay. Applications should also 
address how quickly the project can mitigate the supply chain delay or 
strengthen supply chain resiliency.

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    This section should also describe whether the project addresses 
equity and barriers to opportunity. Applicants are encouraged to 
describe credible planning activities and actions to resolve potential 
inequities and barriers to equal opportunity in the project as 
reflected in Executive Order 13985, Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government (86 FR 
7009). For example, the applicant should describe: How the project 
incorporates an equity impact analysis; how the project adopts an 
equity and inclusion program/plan or implementation of equity-focused 
policies related to project procurement, material sourcing, 
construction, inspection, or other activities designed to ensure racial 
equity in the overall project delivery and implementation; or 
documentation of equity-focused community outreach and public 
engagement in the project's planning and project elements in 
underserved communities, including Historically Disadvantaged 
Communities. DOT has been developing a definition of Historically 
Disadvantaged Communities as part of its implementation of the 
Justice40 Initiative and will use that definition for the purpose of 
this NOFO. Consistent with OMB's Interim Guidance for the Justice40 
Initiative,\7\ Historically Disadvantaged Communities include (a) 
certain qualifying census tracts, (b) any Tribal land, or (c) any 
territory or possession of the United States. Additionally, DOT is 
providing a mapping tool to assist applicants in identifying whether a 
project is located in a Historically Disadvantaged Community at 
Transportation Disadvantaged Census Tracts.\8\ Any policies, plans, and 
outreach documentation related to advancing equity or removing barriers 
to opportunity should be briefly discussed and provided as an appendix 
to the Project Narrative.
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    \7\ https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.
    \8\ Information on DOT's Disadvantaged Census Tract tool 
(Transportation Disadvantaged Census Tracts) can be found at: 
https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a. For technical assistance in using 
this tool, please contact [email protected] or the AMHP contact.
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    Consistent with the Department's Rural Opportunities to Use 
Transportation for Economic Success (ROUTES) Initiative (https://www.transportation.gov/rural), the Department encourages applicants to 
describe how activities proposed in their applications would address 
the unique challenges facing rural transportation networks, regardless 
of the geographic location of those activities.
iii. Project Location
    This section of the application should describe the project 
location, including 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.
    The application should also identify:
    (A) Whether the project is located in a Federally designated 
community development zone \9\ such as a qualified Opportunity Zone; 
\10\ Empowerment Zone; \11\ Promise Zone; \12\ or Choice Neighborhood; 
\13\
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    \9\ For projects that are located in a Federally designated 
community development zone, the applicant must identify the zone and 
provide related identifying data (such as the Opportunity Zone 
number).
    \10\ See https://opportunityzones.hud.gov/.
    \11\ See https://www.hud.gov/hudprograms/empowerment_zones.
    \12\ See https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz.
    \13\ See https://www.hud.gov/program_offices/public_indian_housing/programs/ph/cn.
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    (B) whether the project is located in a Historically Disadvantaged 
Community, including the relevant census tract(s) (as defined in 
Section D.2.ii.); and
    (C) whether the project is located in a 2010 Census-designated 
urban area \14\ or rural area.\15\
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    \14\ For the purpose of this NOFO, a project is designated as 
urban if it is located within (or on the boundary of) a Census-
designated urbanized area (UA) that had a population greater than 
50,000 in the 2010 Census. Lists of 2010 UAs as defined by the 
Census Bureau are available on the Census Bureau website at https://www.census.gov/geographies/reference-maps/2010/geo/2010-census-urban-areas.html. For the purpose of this NOFO, the definition of 
urban and rural is based on the 2010 Census-designated urban areas 
since urban areas have not been designated for the 2020 Census at 
the time of this NOFO publication.
    \15\ MARAD will consider a project to be in a rural area if the 
majority of the project (determined by geographic location(s) where 
the majority of the money is to be spent) is located outside of a 
Census-designated urbanized area with a population of 50,000 or 
greater. Grant funds utilized in an urbanized area border, including 
an intersection with an urbanized area, will be considered urban for 
the purposes of the Marine Highway Grants program.
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iv. Grant Funds, Sources, and Uses of Project Funds
    This section of the application should describe the project's 
budget (i.e., the project scope that includes Marine Highway funding 
and non-Federal cost share). The budget should not include any 
previously incurred expenses. At a minimum, it should include:
    (A) Project costs;
    (B) The sources and amounts of funds to be used for project costs;
    (C) For non-Federal funds to be used for eligible project costs, 
documentation of funding commitments should be referenced here and 
included as an appendix to the application;
    (D) For other Federal (non-AMHP) funds to be used for eligible 
project costs, the amounts, nature, and sources of any required non-
Federal match for those funds; and
    (E) A budget showing how each source of funds will be spent. The 
budget should show how each funding source will share in each project 
component, and present that data in dollars and percentages. Funding 
sources should be grouped into three categories: Non-Federal; Marine 
Highway Grant funding; and other Federal. A letter of commitment from 
each funding source should be an attachment to the application. If the 
project contains individual components, the budget should separate the 
costs of each project component. The budget should sufficiently 
demonstrate that the project satisfies the statutory cost-sharing 
requirements described in Section C.2.
v. Selection Criteria
    This section of the application should demonstrate how the project 
proposed for grant funding aligns with the criteria described below and 
in Section E.1. MARAD encourages applicants to address each criterion, 
or expressly state that the project does not address the criterion. 
Applicants are not required to follow a specific format, but MARAD 
recommends applicants address each criterion separately using the 
outline suggested below and provide a clear discussion that assists 
project evaluators in evaluating how each project meets the selection 
criteria. Guidance describing how MARAD will evaluate projects against 
the selection criteria is in Section E.1. of this notice. Applicants 
also should review that section before considering how to organize and 
complete their applications. To minimize redundant information in an 
application, MARAD encourages applicants to cross-reference from this 
section of their application to relevant substantive information in 
other sections of the application.
(A) Primary Selection Criteria
    (1) This section of the application should demonstrate the extent 
to which the project is financially viable. Per 46 U.S.C. 55601(g)(3), 
preference will be given to projects or components that present the 
most financially viable transportation services.

[[Page 24620]]

    (2) This section of the application should demonstrate that the 
funds received will be spent efficiently and effectively.
    (3) This section of the application should demonstrate that a 
market exists for the services of the proposed project as evidenced by 
contracts or written statements of intent from potential customers.
    (4) This section of the application should describe the public 
benefits anticipated by the proposed grant project, as outlined in 46 
CFR 393.3(c)(8), and described below. The public benefits described in 
the relevant Marine Highway Project Designation application may be 
referenced, updated, or described as unchanged. Applicants will need to 
clearly demonstrate that the original public benefits outlined in the 
original Project Designation application apply to the specific grant 
funding request associated with this notice, and provide any updates or 
supplemental information regarding the original public benefits, as 
necessary. To the extent referenced, this information need not be 
resubmitted in support of a Marine Highway Grant application. 
Applicants should organize the external net cost savings and public 
benefits of the proposed grant project based on the following six 
categories:
    i. Emissions benefits;
    ii. Energy savings;
    iii. Landside transportation infrastructure maintenance savings;
    iv. Economic competitiveness;
    v. Safety improvements; and
    vi. System resiliency and redundancy.
vi. Other Application Requirements
(A) National Environmental Policy Act (NEPA) Requirements
    (1) Information about the NEPA status of the Project. Projects 
selected for grant award must comply with NEPA and any other applicable 
environmental laws. The application should include sufficient detail on 
the project in order for MARAD to determine the NEPA class of action. 
The application 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 the Maritime 
Administration Manual of Orders MAO 600-1 (available at https://www.maritime.dot.gov/sites/marad.dot.gov/files/docs/environment-security-safety/office-environment/596/mao600-001-0.pdf) prior to 
submission. The application should detail the type of NEPA review 
underway, where the project is in the process, provide a website link 
or other reference to copies of any environmental documents prepared, 
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. 
The applicant should be aware that the final determination of NEPA 
class of action will be made by MARAD after grant award announcement. 
The successful applicant will be responsible for the completion of 
MARAD's NEPA documentation, in collaboration with MARAD's Office of 
Environmental Compliance, prior to execution of the grant agreement.
    (2) Environmental Permits and Reviews. The application should 
demonstrate receipt (or reasonably anticipated receipt) of all 
environmental permits and approvals necessary, such as Army Corps of 
Engineers permits. Additionally, the successful applicant, in 
collaboration with MARAD, will be responsible for the completion of 
Section 106 of the National Historic Preservation Act, 54 U.S.C. 
306108, and Section 7 of the Endangered Species Act, 16 U.S.C. 1531, 
consultations prior to completing NEPA. Applications should also 
identify any additional Federal, State, and local permits and approvals 
necessary for project completion.
(B) Other Federal, State, and Local Actions
    An application must indicate whether a proposed project is likely 
to require actions by other agencies, indicate the status of such 
actions, provide a website link or other reference to materials 
submitted to the other agencies, and demonstrate compliance with other 
Federal, state, or local regulations and permits as applicable. This 
section should also include a description of whether the project is 
dependent on, or affected by, U.S. Army Corps of Engineers investment 
as well as the U.S. Army Corps of Engineers planned activities as it 
relates to the project.
(C) Domestic Preference
    If a project intends to use any product with foreign content or of 
foreign origin, this information should be listed and addressed in the 
application. Applications should expressly address how the applicant 
plans to comply with domestic preference requirements and the 
applicant's current efforts and planned efforts to maximize domestic 
content. If an applicant anticipates any potential foreign-content 
issues with its proposed project, applications should demonstrate that 
the domestic source is not available and how that determination was 
reached.
(D) Addressing Climate Change and Decarbonization
    MARAD seeks to fund projects under the AMHP that proactively 
consider climate change and align with the President's greenhouse gas 
reduction goals and promote energy efficiency. As part of the 
Department's implementation of Executive Order 14008, Tackling the 
Climate Crisis at Home and Abroad (86 FR 7619), MARAD also seeks to 
fund projects that address environmental justice, particularly for 
communities that disproportionally experience climate change-related 
consequences. In support of this priority, applications should address 
whether the project has incorporated climate change and environmental 
justice \16\ in project planning and/or design components, particularly 
for communities that disproportionally experience climate change-
related consequences. To address the planning element of this 
criterion, the application should describe what specific climate change 
or environmental justice activities have been completed or are planned 
for the project. This could include identifying how emissions 
reductions will specifically benefit disadvantaged communities or to 
what extent it will create employment opportunities and economic 
benefits to the local community. The application should indicate 
whether a project is incorporated in a climate action plan, whether an 
equitable development plan has been prepared, and whether (and how) the 
results of planning tools such as DOT's Disadvantaged Census Tract tool 
or EPA's EJSCREEN have been incorporated into the project.\17\
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    \16\ Environmental justice, as defined by the Environmental 
Protection Agency, is the fair treatment and meaningful involvement 
of all people regardless of race, color, national origin, or income, 
with respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.
    \17\ The EJSCREEN tool can be found on the EPA site: https://ejscreen.epa.gov/mapper/.
---------------------------------------------------------------------------

    To address whether the project has incorporated climate change and 
environmental justice in the design components, the application should

[[Page 24621]]

describe specific and direct ways that the project will mitigate or 
reduce climate change impacts. This may include a description of how 
the project incorporates multimodal infrastructure to reduce climate 
impacts, such as by ensuring that cargo is moved by the most climate-
efficient/friendly mode of transportation. This section should also 
describe ways that the project reduces emissions or uses technology to 
increase energy efficiency, and whether the proposed grant project 
demonstrates a movement towards lower carbon emissions or near-zero 
emissions. This may include, but is not limited to:
    (1) The use of alternative, low carbon fuels for vessels or cargo 
handling equipment;
    (2) The use of alternative technologies, such as fuels cells, 
batteries, hybrid systems, etc. for vessels or cargo handling 
equipment;
    (3) The procurement or leasing of low or no emission cargo-handling 
equipment that make greater reductions in energy consumption and 
harmful emissions than comparable equipment;
    (4) The use of port-based alternative energy sources such as low 
carbon-powered microgrids or charging stations; and/or
    (5) Best practices that promote low carbon/energy efficiency cargo 
movement or handling operations.
    For applications for grant projects other than those related to 
noncontiguous trade, this section should also describe ways that the 
project proposed for grant funding--as opposed to the overall 
Designated Marine Highway Project--reduces commercial vehicle miles 
traveled (VMT). An applicant can demonstrate that its proposed grant 
project reduces VMT by: (1) Calculating the increase in cargo, by 
tonnage, that will be transported on the marine highway if the proposed 
project is implemented; (2) calculating the increase in cargo, by 
tonnage, and subsequent increase in VMT, that would be transported by 
commercial motor vehicles on the nation's roadways if the proposed 
grant project could not be implemented; and (3) calculating the overall 
difference in cargo moved, by tonnage, from the nation's roadways to 
the marine highway, and the subsequent reduction in commercial VMT that 
will result upon completion of the proposed grant project.
    MARAD will consider an application to be related to noncontiguous 
trade if the proposed grant project includes noncontiguous trade as 
defined in 46 U.S.C. 53501(4).\18\ Applicants should state in this 
section whether the proposed grant project is related to noncontiguous 
trade, and, if so, describe the noncontiguous trade.
---------------------------------------------------------------------------

    \18\ The term ``noncontiguous trade'' means: (A) Trade between 
one of the contiguous 48 states; and Alaska, Hawaii, Puerto Rico, or 
an insular territory or possession of the United States; and (B) 
trade between a place in Alaska, Hawaii, Puerto Rico, or an insular 
territory or possession of the United States; and another place in 
Alaska, Hawaii, Puerto Rico, or an insular territory or possession 
of the United States.
---------------------------------------------------------------------------

    Applicants should refer to Section E.1. for more information on how 
this criterion will be evaluated and used to award projects for AMHP 
grants.
(E) Certification Requirements
    For an application to be considered for a grant award, the Chief 
Executive Officer, or equivalent, of the Eligible Applicant is required 
to certify, in writing, the following:
    (1) That, except as noted in this grant application, nothing has 
changed from the original application for formal designation as a 
Marine Highway Project; and
    (2) The Eligible Applicant will administer the project and any 
funds received will be spent efficiently and effectively; and
    (3) The Eligible Applicant will provide information, data, and 
reports as required.
(F) Protection of Confidential Commercial Information
    Eligible Applicants should submit, as part of or in support of 
applications, 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 an application includes information that the 
applicant considers to be a trade secret or confidential commercial or 
financial information, the applicant should do the following: (i) Note 
on the front cover that the submission contains ``Confidential 
Commercial Information (CCI)''; (ii) mark each affected page ``CCI''; 
and (iii) highlight or otherwise denote the CCI portions. MARAD will 
protect such information from disclosure to the extent allowed under 
applicable law. In the event MARAD receives a Freedom of Information 
Act (FOIA) request for the information, procedures described in the 
Department's FOIA regulation at 49 CFR 7.29 will be followed. Only 
information that is ultimately determined to be confidential under 
those procedures will be exempt from disclosure under FOIA.
(G) Additional Application Information Needed From All Private-Sector 
Applicants, Including Previous Recipients of AMHP Grant Funding
    (1) Written letter of support from the original Project Applicant 
stating that the private entity has been referred by the original 
Project Applicant for the relevant designated Marine Highway Project.
    (2) A description of the entity including location of the 
headquarters; a description of the entity's assets (tugs, barges, 
etc.); years in operation; ownership; customer base; and website 
address, if any.
    (3) Unique Entity Identifier of the parent company (when 
applicable): Data Universal Numbering System (DUNS + 4 number).
    (4) The most recent year-end audited, reviewed, or compiled 
financial statements, prepared by a certified public accountant (CPA), 
per U.S. generally accepted accounting principles (not tax-based 
accounting financial statements). If CPA prepared financial statements 
are not available, provide the most recent financial statement for the 
entity. Do not provide tax returns.
    (5) Statement regarding the relationship between applicants and any 
parents, subsidiaries, or affiliates, if any such entity is going to 
provide a portion of the matching funds.
    (6) Evidence documenting applicant's ability to make proposed 
matching requirement (loan agreement, commitment from investors, cash 
on balance sheet, etc.).
    (7) Pro-forma financial statements reflecting financial condition 
at beginning of period; effect on balance sheet of grant and matching 
funds (e.g., a decrease in cash or increase in debt, additional equity 
and an increase in fixed assets); and impact on company's projected 
financial condition (balance sheet) of completion of project, showing 
that company will have sufficient financial resources to remain in 
business.
    (8) Statement regarding whether during the past five years, the 
applicant or any predecessor or related company has been in bankruptcy 
or in reorganization under Chapter 11 of the Bankruptcy Code, or in any 
insolvency or reorganization proceedings, and whether any substantial 
property of the applicant or any predecessor or related company has 
been acquired in any such proceeding or has been subject to foreclosure 
or receivership during such period. If so, give details.
    (9) Additional information may be requested as deemed necessary by

[[Page 24622]]

MARAD to facilitate and complete its review of the application. If such 
information is not provided, MARAD may deem the application incomplete 
and cease processing it.
    (10) Company Officer's certification of each of the following:
    i. That the company operates in the geographic location of the 
designated Marine Highway Project;
    ii. That the applicant has the authority to carry out the proposed 
project; and
    iii. That the applicant has not, and will not, make any prohibited 
payments out of the requested grant, in accordance with the Department 
of Transportation's regulation restricting lobbying, 49 CFR part 20.

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

    MARAD will not make an award to an applicant until the applicant 
has complied with all applicable Unique Entity Identifier and SAM 
requirements. Each applicant must be registered in SAM before applying, 
provide a valid Unique Entity Identifier number in its application, and 
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. Applicants may 
register with the SAM at www.SAM.gov. If an applicant has not fully 
complied with the requirements by the time MARAD is ready to make an 
award, MARAD may determine that the applicant is not qualified to 
receive a Federal award under this program.

4. Submission Dates and Times

    Applications must be submitted to Grants.gov by 5:00 p.m. Eastern 
Time on June 17, 2022.

5. Funding Restrictions

    Grant funds may only be used for the purposes described in this 
notice and may not be used as an operating subsidy. Market-related 
studies are ineligible for Marine Highway Grant funds, as are 
improvements to Federally owned facilities.
    MARAD will not consider previously incurred costs or previously 
expended or encumbered funds towards the matching requirement for any 
project. Unless authorized by MARAD in writing after MARAD's 
announcement of Marine Highway Grant awards, any costs incurred before 
a grant agreement is executed will not be reimbursed and will not count 
towards cost share requirements.
    Federal award recipients and sub-recipients are prohibited from 
obligating or expending grant funds to procure or obtain; extend or 
renew a contract to procure or obtain; or enter into a contract (or 
extend or renew a contract) to procure or obtain equipment, services, 
or systems that use covered telecommunications equipment or services as 
a substantial or essential component of any system, or as critical 
technology as part of any system. See Section 889 of Public Law 115-232 
(National Defense Authorization Act for Fiscal Year 2019) and 2 CFR 
200.216 & 200.471.

6. Other Submission Requirements

    Grant applications must be submitted electronically using 
Grants.gov (https://www.grants.gov). To submit an application through 
Grants.gov, applicants must:
    i. Obtain a Unique Entity Identifier (UEI) number;
    ii. Register with the System for Award Management (SAM) at 
www.SAM.gov;
    iii. Create a Grants.gov username and password; and
    iv. Complete Authorized Organization Representative (AOR) 
registration in Grants.gov. 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 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 the Department will not consider late 
applications that are the result of a 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 https://www.grants.gov/applicants/applicant-faqs.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.
    Late applications that are the result of failure to register or 
comply with Grants.gov application requirements in a timely manner will 
not be considered. Applicants experiencing technical issues with 
Grants.gov that are beyond the applicant's control must contact 
[email protected] or Fred Jones at (202) 366-1123 prior to the deadline with 
the username of the registrant and details of the technical issue 
experienced. The applicant must provide: (i) Details of the technical 
issue experienced; (ii) screen capture(s) of the technical issue 
experienced along with the corresponding ``Grant tracking number'' that 
is provided via Grants.gov; (iii) the ``Legal Name'' for the applicant 
that was provided in the SF-424; (iv) the name and contact information 
for the person to be contacted on matters involving submission that is 
included on the SF-424; (v) the Unique Entity Identifier number 
associated with the application; and (vi) the Grants.gov Help Desk 
Tracking Number.

E. Application Review Information

1. Selection Criteria

    This section specifies the criteria that MARAD will use to evaluate 
and award applications for Marine Highway Grants. These criteria 
incorporate the statutory requirements for this program, as well as 
Departmental and programmatic priorities.
    When reviewing grant applications, MARAD will consider how the 
proposed service could satisfy, in whole or in part, 46 U.S.C. 
55601(b)(1) and (3) and the following criteria found at 46 U.S.C. 
55601(g)(2)(B):
    i. The project is financially viable;
    ii. The funds received will be spent efficiently and effectively; 
and
    iii. A market exists for the services of the proposed project as 
evidenced by contracts or written statements of intent from potential 
customers.
    MARAD will also consider how the proposed request for funding 
outlined in the grant application supports the elements of 46 CFR 
393.3(c)(8) (Public benefits) as a key programmatic objective.
    In awarding grants under the program, MARAD will give preference to 
those projects or components that present the most financially viable 
marine highway transportation services and require the lowest total 
percentage Federal share of the costs.
    After applying the above criteria, in support of Departmental 
priorities related to climate change, including advancing the goals 
outlined in Executive Order 14008, Tackling the Climate Crisis at Home 
and Abroad (86 FR 7619), MARAD will evaluate whether the project 
incorporates climate change, environmental justice, and decarbonization 
activities in project planning and/or design elements. MARAD will give 
preference to projects that demonstrate a movement towards lower carbon 
emissions or near-zero emissions, as described in Section D.2.vi.(D). 
MARAD will also give preference to projects that reduce air emissions 
and vehicle miles traveled when awarding grants, other than for grant 
applications related to noncontiguous trade as defined in 46 U.S.C. 
53501(4). For projects that are not

[[Page 24623]]

related to noncontiguous trade, a proposed project that reduces both 
air emissions and VMT is more competitive than a comparable project 
that only reduces one or neither. Evaluation of whether a project 
reduces air emissions and vehicle miles traveled will not affect 
MARAD's decision in awarding grants for projects related to 
noncontiguous trade; however, MARAD will still consider the extent to 
which these projects address the climate change and decarbonization 
criterion described in Section D.2.vi.(D), such as by using 
environmental justice tools like EJSCREEN or addressing the goals 
outlined in Executive Order 14008. Applicants must specify in their 
narrative whether their proposed grant project is related to 
noncontiguous trade and provide sufficient information so that MARAD 
can verify the claim.
    In support of Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government (86 
FR 7009), MARAD will also consider the extent to which applications 
address equity and the removal of barriers to opportunity through the 
activities described in Section D.2.ii., such as meaningful, equity-
focused community outreach and public engagement of underserved 
communities, and adoption of an equity and inclusion program or plan or 
equity-focused policies related to the proposed project.
    In addition, since the AMHP is intended to create transportation 
options that enhance supply chain reliance, MARAD will consider how a 
project improves the supply chain. Reviewers will consider the extent 
to which information in the narrative demonstrates how the project 
positively impacts the supply chain, as described further in Section 
D.2.ii. For example, reviewers will consider whether a project proposes 
elements that improve transportation links to critical infrastructure, 
promotes lower-carbon supply chain infrastructure, or invests in supply 
chain reliability improvements. Projects that have significant regional 
or national supply chain system impacts will be more competitive than 
ones that do not.
    DOT will consider whether a project is located within a 
Historically Disadvantaged Community or a Federally designated 
community development zone (a qualified opportunity zone, Empowerment 
Zone, Promise Zone, or Choice Neighborhood). Applicants must specify in 
their narrative which zone (or zones) the project is in and provide 
sufficient identifying information (such as the Opportunity Zone tract 
number) so that reviewers can verify the claim. A project located in a 
Historically Disadvantaged Community or a Federally designated 
community development zone is more competitive than a similar project 
that is not. The Department will rely on applicant-supplied information 
to assist in making this assessment and will only consider this if the 
applicant expressly identifies the designation in their application.
    MARAD will also consider a project's likelihood of obligating funds 
by September 30, 2025 and liquidation of these obligations within five 
years after the date of obligation.

2. Review and Selection Process

    Upon receipt, MARAD will conduct a technical review to evaluate 
applications using the criteria outlined above. Upon completion of the 
technical review, MARAD will forward the applications to an inter-
agency review team (Intermodal Review Team). The Intermodal Review Team 
will include members of MARAD, other Department of Transportation 
Operating Administrations, and representatives from the Office of the 
Secretary of Transportation. The Intermodal Review Team will review and 
provide comments to the Program Office for each application based on 
the criteria set forth above. The Program Office will use those 
comments to inform the recommendations that will be made to the 
Maritime Administrator and the Secretary.

3. Federal Awardee Performance and Integrity Information System 
(FAPIIS) Check

    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold of $250,000 (see 2 
CFR 200.88 Simplified Acquisition Threshold), MARAD will review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently 
FAPIIS) (see 41 U.S.C. 2313). An applicant, at its option, may review 
information in the designated integrity and performance systems 
accessible through SAM and comment on any information about itself that 
a Federal awarding agency previously entered and is currently in the 
designated integrity and performance system accessible through SAM. 
MARAD will consider any comments by the applicant, in addition to the 
other information in the designated integrity and performance system, 
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 Notices

    Following the evaluation outlined in Section E, the Secretary will 
announce the selected grant award recipients. The award announcement 
will be posted on the MARAD website (https://www.maritime.dot.gov).
    Recipients of an award will not receive lump-sum cash disbursements 
at the time of award announcement or obligation of funds. Instead, 
Marine Highway Grant funds will reimburse recipients only after grant 
agreements have been executed, allowable expenses are incurred, and 
valid requests for reimbursement have been submitted and approved by 
the MARAD grants officer. Marine Highway Grant recipients must adhere 
to applicable requirements and follow established procedures to receive 
reimbursement. Unless authorized in writing by MARAD, an expense 
incurred before a grant agreement is executed will not be reimbursed or 
count towards cost share requirements.

2. Administrative and National Policy Requirements

    All awards must be administered pursuant to the ``Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards'' found at 2 CFR part 200, as adopted by the 
Department at 2 CFR part 1201. All procurement transactions for the 
acquisition of property or services under the Federal award must be 
conducted in a manner providing full and open competition unless MARAD 
authorizes a noncompetitive procurement in accordance with 2 CFR 
200.320(c). Federal wage rate requirements included at 40 U.S.C. 3141-
3148 apply to all projects receiving funds under this program and apply 
to all parts of the project, whether funded with Federal funds or non-
Federal funds. Additionally, other applicable Federal laws, Executive 
Orders, and any rules, regulations, and requirements of MARAD will 
apply to projects that receive Marine Highway Grants. Amounts awarded 
under this notice from the BIL that are not expended by the grant 
recipient shall remain available to DOT until September 30, 2032 for 
use for grants under this program. Funds awarded under the FY 2022 
Appropriations Act remain available until expended for grants under 
this program.

[[Page 24624]]

    As expressed in Executive Order 14005, Ensuring the Future is Made 
in All of America by All of America's Workers (86 FR 7475), it is the 
policy of the executive branch to use terms and conditions of Federal 
financial assistance awards to maximize, consistent with law, the use 
of goods, products, and materials produced in, and services offered in, 
the United States. Consistent with the requirements of the Build 
America, Buy America Act (Pub. L. 117-58, Division G, Title IX, 
Subtitle A, November 15, 2021), no amounts made available through this 
NOFO may be obligated for a project unless all iron, steel, 
manufactured products, and construction materials used in the project 
are produced in the United States. Depending on other funding streams, 
the project may be subject to separate ``Buy America'' requirements.
    All recipients must comply with the requirements under Title VI of 
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, 
and their implementing regulations. Applicants should review these 
civil rights statutes carefully to ensure full compliance with these 
obligations. These requirements apply to recipients as well as all 
subrecipients. The successful applicant will be responsible for 
implementing an effective and compliant Title VI and Section 504 
program under the technical assistance from MARAD's Office of Civil 
Rights.
    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 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.

3. Reporting

a. Progress Reporting on Grant Activities
    Award recipients are required to submit quarterly reports, signed 
by officers of the recipients, to the Program Office to keep MARAD 
informed of all activities during the reporting period. The reports 
will indicate progress made, planned activities for the next reporting 
period, and a listing of any purchases made with grant funds during the 
reporting period. In addition, the report will include an explanation 
of any deviation from the projected budget and timeline. Quarterly 
reports will also contain, at a minimum, the following: (i) A statement 
as to whether the award recipient has used the grant funds consistent 
with the terms contemplated in the grant agreement; (ii) if applicable, 
a description of the budgeted activities not procured by recipient; 
(iii) if applicable, the rationale for recipient's failure to execute 
the budgeted activities; (iv) if applicable, an explanation as to how 
and when recipient intends to accomplish the purposes of the grant 
agreement; and (v) a budget summary showing funds expended since 
commencement, anticipated expenditures for the next reporting period, 
and expenditures compared to overall budget.
b. Performance Reporting
    Award recipients will also collect information and report on a 
project's observed performance with respect to the relevant long-term 
outcomes that are expected to be achieved through the project. 
Performance indicators will not include formal goals or targets, but 
will include observed measures under baseline (pre-project) as well as 
post-implementation outcomes for an agreed-upon timeline, and will be 
used to evaluate and compare projects and monitor the results that 
grant funds achieve to the intended long-term outcomes of the AMHP. 
Performance reporting continues for several years after the project is 
completed, and MARAD does not provide Marine Highway Grant funding 
specifically for performance reporting.
c. 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 2 CFR Appendix XII to Part 200. 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

    To ensure applicants receive accurate information about 
eligibility, the program, or in response to other questions, applicants 
are encouraged to contact MARAD directly, rather than through 
intermediaries or third parties. Please see contact information in the 
FOR FURTHER INFORMATION CONTACT section above.
* * * * *

    By Order of the Acting Maritime Administrator.
T. Mitchell Hudson, Jr.
Secretary, Maritime Administration.
[FR Doc. 2022-08830 Filed 4-25-22; 8:45 am]
BILLING CODE 4910-81-P