Notice2022-04599
Notice of Funding Opportunity for America's Marine Highway Projects
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 4, 2022
Issuing agencies
Transportation DepartmentMaritime Administration
Abstract
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 U.S. Department of Transportation ("DOT" or "Department") also seeks eligible grant projects that will strengthen American supply chains. The 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.
Full Text
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<title>Federal Register, Volume 87 Issue 43 (Friday, March 4, 2022)</title>
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12537-12546]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04599]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
Notice of Funding Opportunity for America's Marine Highway
Projects
AGENCY: Maritime Administration, Department of Transportation.
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 U.S.
Department of Transportation (``DOT'' or ``Department'') also seeks
eligible grant projects that will strengthen American supply chains.
The 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.
DATES: Grant applications must be received by the Maritime
Administration (``MARAD'') by 5:00 p.m. E.D.T. on April 29, 2022.
ADDRESSES: Grant applications must be submitted electronically using
<a href="http://Grants.gov">Grants.gov</a> (<a href="https://www.grants.gov">https://www.grants.gov</a>). Please be aware that you must
complete the <a href="http://Grants.gov">Grants.gov</a> 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 <a href="/cdn-cgi/l/email-protection#3e784c5b5a107451505b4d7e5a514a10595148"><span class="__cf_email__" data-cfemail="4600342322680c292823350622293268212930">[email protected]</span></a>. 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. The grant funds currently available are for projects
related to vessels documented under 46
[[Page 12538]]
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 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 <a href="https://www.transportation.gov/administrations/office-policy/dot-strategic-plan-fy2018-2022">https://www.transportation.gov/administrations/office-policy/dot-strategic-plan-fy2018-2022</a>.
\2\ See U.S. Department of Transportation Strategic Framework FY
2022-2026 (Dec. 2021) at <a href="https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework">https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework</a>.
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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: <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/09/fact-sheet-the-biden-harris-action-plan-for-americas-ports-and-waterways/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/09/fact-sheet-the-biden-harris-action-plan-for-americas-ports-and-waterways/</a>.
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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
$24,250,000. This amount represents $25,000,000 from the BIL
appropriations less $750,000 for grant administration and oversight as
permitted under 49 U.S.C. 109(i).
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 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
[[Page 12539]]
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, 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: <a href="https://cms.marad.dot.gov/sites/marad.dot.gov/files/2021-08/AMH%20Project%20Designations%20Aug%202021.pdf">https://cms.marad.dot.gov/sites/marad.dot.gov/files/2021-08/AMH%20Project%20Designations%20Aug%202021.pdf</a>.
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 apply for this funding opportunity. Applications may be
found at and must be submitted through <a href="http://Grants.gov">Grants.gov</a>.
2. Content and Form of Application Submission
The application must include the Standard Form 424 (Application for
[[Page 12540]]
Federal Assistance), which can be found on <a href="http://Grants.gov">Grants.gov</a>, 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 of See D.2.iv.
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 <a href="http://SAM.gov">SAM.gov</a>;
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
<a href="http://SAM.gov">SAM.gov</a>. If your entity is currently registered in <a href="http://SAM.gov">SAM.gov</a>, your UEI
has already been assigned and is viewable in <a href="http://SAM.gov">SAM.gov</a>. This includes
inactive registrations.
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(G) Evidence of registration with the System for Award Management
(SAM) at <a href="https://www.SAM.gov">https://www.SAM.gov</a>.
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.
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).
[[Page 12541]]
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\ <a href="https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf</a>.
\8\ Information on DOT's Disadvantaged Census Tract tool
(Transportation Disadvantaged Census Tracts) can be found at:
<a href="https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a>. For technical assistance in using
this tool, please contact <a href="/cdn-cgi/l/email-protection#4522282a05212a316b222a33"><span class="__cf_email__" data-cfemail="c2a5afad82a6adb6eca5adb4">[email protected]</span></a> or the AMHP contact.
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Consistent with the Department's Rural Opportunities to Use
Transportation for Economic Success (ROUTES) Initiative (<a href="https://www.transportation.gov/rural">https://www.transportation.gov/rural</a>), 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 <a href="https://opportunityzones.hud.gov/">https://opportunityzones.hud.gov/</a>.
\11\ See <a href="https://www.hud.gov/hudprograms/empowerment_zones">https://www.hud.gov/hudprograms/empowerment_zones</a>.
\12\ See <a href="https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz">https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz</a>.
\13\ See <a href="https://www.hud.gov/program_offices/public_indian_housing/programs/ph/cn">https://www.hud.gov/program_offices/public_indian_housing/programs/ph/cn</a>.
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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 <a href="https://www.census.gov/geographies/reference-maps/2010/geo/2010-census-urban-areas.html">https://www.census.gov/geographies/reference-maps/2010/geo/2010-census-urban-areas.html</a>. 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.
(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
[[Page 12542]]
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 <a href="https://www.maritime.dot.gov/sites/marad.dot.gov/files/docs/environment-security-safety/office-environment/596/mao600-001-0.pdf">https://www.maritime.dot.gov/sites/marad.dot.gov/files/docs/environment-security-safety/office-environment/596/mao600-001-0.pdf</a>) 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\
---------------------------------------------------------------------------
\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: <a href="https://ejscreen.epa.gov/mapper/">https://ejscreen.epa.gov/mapper/</a>.
---------------------------------------------------------------------------
To address whether the project has incorporated climate change and
environmental justice in the design components, the application should
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
[[Page 12543]]
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.
(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
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 <a href="http://www.SAM.gov">www.SAM.gov</a>. 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 <a href="http://Grants.gov">Grants.gov</a> by 5:00 p.m. E.D.T. on
April 29, 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
[[Page 12544]]
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
<a href="http://Grants.gov">Grants.gov</a> (<a href="https://www.grants.gov">https://www.grants.gov</a>). To submit an application through
<a href="http://Grants.gov">Grants.gov</a>, applicants must:
i. Obtain a Unique Entity Identifier (UEI) number;
ii. Register with the System for Award Management (SAM) at
<a href="http://www.SAM.gov">www.SAM.gov</a>;
iii. Create a <a href="http://Grants.gov">Grants.gov</a> username and password; and
iv. Complete Authorized Organization Representative (AOR)
registration in <a href="http://Grants.gov">Grants.gov</a>. The E-Business Point of Contact (POC) at
the applicant's organization must respond to the registration email
from <a href="http://Grants.gov">Grants.gov</a> and login at <a href="http://Grants.gov">Grants.gov</a> to authorize the applicant as
the AOR. Please note that there can be more than one AOR for an
organization.
Please note that the <a href="http://Grants.gov">Grants.gov</a> 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 <a href="http://Grants.gov">Grants.gov</a> applicant requirements in a timely manner. For
information and instruction on each of these processes, please see
instructions at <a href="https://www.grants.gov/applicants/applicant-faqs.html">https://www.grants.gov/applicants/applicant-faqs.html</a>.
If applicants experience difficulties at any point during the
registration or application process, please call the <a href="http://Grants.gov">Grants.gov</a>
Customer Service Support Hotline at 1 (800) 518-4726.
Late applications that are the result of failure to register or
comply with <a href="http://Grants.gov">Grants.gov</a> application requirements in a timely manner will
not be considered. Applicants experiencing technical issues with
<a href="http://Grants.gov">Grants.gov</a> that are beyond the applicant's control must contact
<a href="/cdn-cgi/l/email-protection#14595c54707b603a737b62"><span class="__cf_email__" data-cfemail="91dcd9d1f5fee5bff6fee7">[email protected]</span></a> 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 <a href="http://Grants.gov">Grants.gov</a>; (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 <a href="http://Grants.gov">Grants.gov</a> 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).
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.
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
[[Page 12545]]
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 (<a href="https://www.maritime.dot.gov">https://www.maritime.dot.gov</a>).
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.
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.
[[Page 12546]]
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. 2022-04599 Filed 3-3-22; 8:45 am]
BILLING CODE 4910-81-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.