2022 PIDP NOFO FINAL 0232022.pdf

Billing Code: 4910-81-P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Notice of Funding Opportunity for the Maritime Administration’s Port Infrastructure

Development Program (PIDP) under the Infrastructure Investment and Jobs Act

(“Bipartisan Infrastructure Law”)

AGENCY: Maritime Administration, DOT

ACTION: Notice of Funding Opportunity

SUMMARY: This notice solicits applications for Port Infrastructure Development Program

(PIDP) grants. Funds for the Fiscal Year (FY) 2022 PIDP grant program will be awarded on a competitive basis to make grants for projects for coastal seaports, inland river ports, and Great

Lakes ports. This notice announces the availability of $450 million in funding for grants under this program and establishes selection criteria and application requirements. All PIDP grant recipients must meet all applicable Federal requirements, including domestic content requirements.

DATES: Applications must be submitted by 11:59 p.m. E.D.T. on May 16, 2022.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning this notice, please contact the PIDP grant program staff via email at PIDPgrants@dot.gov, or call

Aubrey Parsons at 202–366–8047. A TDD is available for individuals who are deaf or hard of hearing at 202–366–3993. In addition, the Department of Transportation (DOT) may post answers to questions and requests for clarifications as well as information about webinars for further information at www.maritime.dot.gov/PIDPgrants.

SUPPLEMENTARY INFORMATION: Each section of this notice contains information and instructions relevant to the application process for the FY 2022 PIDP discretionary grants, and all applicants should read this notice in its entirety to prepare eligible and competitive applications. Some of the program criteria have been modified since the FY 2021 PIDP.

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 Contact(s)

H. Other Information

A. Program Description

1. Background

American ports are cornerstones of the U.S. economy, supporting 30 million jobs and 26% of our economic output. However, a lack of investment in port infrastructure and the COVID-19 pandemic have strained ports’ capacity and jeopardized global supply chains. Over the past year, American ports stepped up to provide record throughput as our economy recovered. But going forward, there is an urgent need to invest in American ports to strengthen our supply chains, reduce prices and inflationary pressure, improve resilience, and help ensure we make goods here in America and export them to the world, rather than shipping jobs and production overseas.

In February of last year, the President issued Executive Order 14017, America’s Supply

Chains (86 FR 11849), calling on the Department of Transportation (“DOT” or “Department”) and other agencies to build resilient American supply chains. This Executive Order also called for a review of the transportation industrial base. As challenges at American ports, and throughout our supply chains, escalated, the President convened a supply chain disruption task force of key agencies, and appointed a Ports Envoy for focused efforts. As a result of this forward-thinking set of plans, the DOT solicited input from hundreds of industry stakeholders and conducted extensive internal analysis to develop a long-term vision for resilient transportation and logistics supply chains that move goods to the American people, bring industry home, and effectively support imports and exports.

The expectations of this notice reflect the vision 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.1

2. Program Overview

The PIDP was amended under Section 3513 of the National Defense Authorization Act for

Fiscal Year 2022 (Pub. L. 117-81, December 27, 2021) (“NDAA”), and is now codified at 46

U.S.C. 54301. The statute authorizes DOT to establish a port and intermodal improvement program to improve the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports. The Infrastructure Investment and Jobs Act (Pub. L. 117-

1 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/.

58, November 15, 2021) (“Bipartisan Infrastructure Law” or “BIL”) appropriated $450 million to the PIDP for FY 2022 to make discretionary grants for eligible PIDP projects. This Notice of

Funding Opportunity (“NOFO”) solicits applications for projects to be funded under the PIDP grant program. It includes the funding appropriated by the BIL and may include any additional funding appropriated in FY 2022 for PIDP under the annual appropriations act. If the annual appropriations act for FY 2022 increases funding for PIDP and/or significantly alters requirements for PIDP funds, DOT will amend this notice with guidance on any changes and additional requirements. The amended NOFO will be posted on Grants.gov, the PIDP website

(https://www.maritime.dot.gov/PIDPgrants), and in the Federal Register.

In the three previous years that the program has made PIDP awards, these discretionary grant awards have supported projects that improve facilities within, or outside of and directly related to operations of or an intermodal connection to, coastal seaports, inland river ports, and Great

Lakes ports consistent with DOT’s strategic goals.2 FY 2022 PIDP grants continue to align with

DOT’s strategic goals.3 The FY 2022 PIDP 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 including climate change, coordinate effectively with State, local, Tribal, and territorial governments, and

2 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.

3 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.

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.

To maximize the value of FY 2022 PIDP funds for all Americans, DOT seeks projects that support the following program objectives: (1) improving the safety, efficiency, or reliability of the loading and unloading of goods, the movement of goods, operational improvements

(including projects to improve port resilience), or environmental and emissions mitigation measures; (2) supporting economic vitality at the national and regional levels; (3) addressing climate change and environmental justice impacts; (4) advancing equity and opportunity for all;

and (5) leveraging Federal funding to attract non-Federal sources of infrastructure investment.

See Section A.4. for definitions of “port resilience” and “equity.”

Consistent with these objectives, the Department seeks to fund projects that reduce greenhouse gas emissions and minimize impacts to the climate and surrounding communities from port operations. Specifically, the Department is looking to award funding for projects that align with the President’s greenhouse gas reduction goals, incorporate electrification or zero emission infrastructure for vehicles and locomotives that service a port, increase a port’s resilience to climate-related hazards, reduce pollution from port operations, and address environmental justice concerns, particularly for communities that disproportionally experience climate change-related consequences. Environmental justice, as defined by the Environmental

Protection Agency, is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. As part of the Department’s implementation of Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86

FR 7619), the Department seeks to fund projects that, to the extent possible, target at least 40% of resources and benefits towards low-income communities, Historically Disadvantaged

Communities (as defined in Section A.4. of this NOFO), or overburdened communities.4 Projects that have not sufficiently considered climate change and environmental justice in their planning, as determined by the Department, will be required to do so before receiving funds. See Section

F.2. of this NOFO for program requirements.

In support of Executive Order 13985, Advancing Racial Equity and Support for Underserved

Communities Through the Federal Government (86 FR 7009), Executive Order 14025, Worker

Organizing and Empowerment (86 FR 22829), and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335), the Department also seeks to award projects under the FY 2022 PIDP that proactively address equity 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, as well as to promote workforce opportunities in planning and project delivery. Examples of considerations that an applicant can undertake to address these priorities include incorporating an equity impact analysis into the project, adopting an equity and inclusion program/plan, documenting equity-focused community outreach and public engagement in the project’s planning and project elements in underserved communities, supporting the creation of good-paying jobs with the free and fair choice to join a union, incorporating strong labor standards, promoting workforce opportunities in planning and project delivery, and partnering with training and placement programs that create opportunities for all workers, including underrepresented workers. Projects that incorporate such

4 Overburdened Community is a minority, low-income, tribal, or indigenous populations or geographic locations in the United States that potentially experiences disproportionate environmental harms and risks. This disproportionality can be as a result of greater vulnerability to environmental hazards, lack of opportunity for public participation, or other factors. Increased vulnerability may be attributable to an accumulation of negative or lack of positive environmental, health, economic, or social conditions within these populations or places. The term describes situations where multiple factors, including both environmental and socio-economic stressors, may act cumulatively to affect health and the environment and contribute to persistent environmental health disparities.

considerations are expected to support a strong economy and labor market. Sections D and E describe equity and workforce considerations and initiatives that an applicant can undertake, and that the Department will consider during the review of applications. Projects that have not sufficiently considered promoting equity and workforce opportunities, as determined by the

Department, will be required to do so to the full extent possible under the law before receiving funds. See Section F.2. of this NOFO for program requirements.

3. Changes from the FY 2021 NOFO

The FY 2022 PIDP NOFO contains new program information and includes new program requirements based on provisions specified in 46 U.S.C. 54301, as amended by the NDAA, and the BIL.

The NOFO includes a new eligibility for projects that improve the safety, efficiency, or reliability of operational improvements, including projects to improve port resilience (as defined in Section A.4. of this notice). This eligibility emphasizes the importance of a port community’s ability to prepare for, withstand, and recover from a broad range of external influences that have the potential to delay or disrupt port operations and therefore adversely impact our nation’s supply chains. This eligibility also includes projects that improve port resiliency by addressing climate-related hazards such as sea-level rise, flooding, extreme weather events, earthquakes, and tsunami inundation. Moreover, 46 U.S.C. 54301(a)(6)(B), as amended by the NDAA, provides that the Secretary shall give substantial weight to a project’s impact on port resilience.

See Section D.2.e.(1) and Section E.1.d. of this NOFO for details.

The NDAA and the BIL also expanded the list of eligible projects to explicitly include projects that reduce or eliminate port-related criteria pollutant or greenhouse gas emissions.

Section 3513(c) of the NDAA also allows the Secretary to make grants in FY 2022 to provide for emissions mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of title 46 apply, if such grants meet the other requirements set out in this notice. These are discussed in further detail in Section C.3. and Section D.2. of this NOFO.

The FY 2022 PIDP grant application evaluation process consists of an Intake Review Phase, a Technical Review Phase, and a Senior Review Phase. See Section E.2.a. of this NOFO for details.

Applicants who are planning to re-apply using materials prepared for prior competitions should ensure that their FY 2022 application fully addresses the criteria and considerations described in this notice and that all relevant information is up to date.

4. Definitions

Coastal seaport: A port on navigable waters of the United States or territories that is subject to the U.S. Army Corps of Engineers regulatory jurisdiction for oceanic and coastal waters under

33 CFR 329.12 or that is otherwise capable of receiving oceangoing vessels with a draft of at least 20 feet (other than a Great Lakes port).

Development phase activities: Includes planning, feasibility analysis, revenue forecasting, environmental review, permitting, and preliminary engineering and design work.

Equity: 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.

Great Lakes port: A port on the Great Lakes and their connecting and tributary waters as defined under 33 CFR 83.03(o).

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,5 Historically Disadvantaged Communities include (a) certain qualifying census tracts,6 (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 (see footnote 20).

Inland River Port: A harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters.

Large projects: A project at a port other than a small port, regardless of the amount of PIDP funding sought in the application; or, a project at a small port for which the amount of PIDP funding sought in the application is greater than $11.25 million.

Port Resilience: The ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or climate-related hazards, such as extreme temperatures, sea level rise, flooding, earthquakes, hurricanes, tsunami inundation, wildfire, or other extreme weather events, or human-made disruptions such as terrorism, cyber attacks, public health emergencies, or shortages/bottlenecks at key elements of the supply chain.

5 https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.

6 DOT is providing a list of census tracts that meet the definition of Historically Disadvantaged Communities, which will be available on the PIDP website: www.maritime.dot.gov/PIDPgrants.

Rural area: An area located outside a 2010 Census-designated urbanized area.7

Small port: A coastal seaport, Great Lakes, or inland river port to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons, as determined using U.S. Army Corps of Engineers data or data provided by an independent audit the findings of which are acceptable to the Secretary. For joint applications, DOT will use the status of the lead (eligible) applicant when determining whether the project is for a small port.

Small project at a small port: A project at a small port seeking less than or equal to $11.25 million in funding under 46 U.S.C. 54301(b).

Underserved communities: Populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

Urban area: An area located within (or on the boundary of) a 2010 Census-designated urbanized area.8

5. Additional Information

Section E of this notice, which outlines FY 2022 PIDP grant selection criteria, describes the process for selecting projects that further the program’s goals. Section F.3. describes progress

7 A project located in both an urban and a rural area will be designated as urban if the majority of the project’s costs will be spent in urban areas. Conversely, a project located in both an urban area and a rural area will be designated as rural if the majority of the project’s costs will be spent in rural areas. For PIDP planning grants, the location of the project being planned, prepared, or designed will be used for the urban or rural designation.

8 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 urbanized areas since urbanized areas have not been designated for the 2020 Census at the time of this NOFO publication. MARAD will use the following website to determine whether a project is in an urban or rural area:

https://tigerweb.geo.census.gov/tigerweb2020/.

and performance reporting requirements for selected projects, including the relationship between these reporting requirements and the program’s selection criteria.

The PIDP is described in the Federal Assistance Listings under the assistance listing program title “Port Infrastructure Development Program” and assistance listing number 20.823.

B. Federal Award Information.

1. Amount Available

As provided for in the BIL, DOT intends to award up to $450 million on a competitive basis for projects that improve facilities within, or outside of and directly related to operations of or an intermodal connection to, coastal seaports, inland river ports, and Great Lakes ports. This notice will be amended if additional amounts become available for this program under the annual appropriations act for FY 2022. Additionally, 46 U.S.C. 54301(a)(7), as amended by the NDAA, directs that not less than 25% of the appropriated funds ($112.5 million) shall be for projects meeting certain requirements described in this NOFO for “small projects at small ports.” The

Maritime Administration (MARAD) will retain up to two percent ($9 million) of the funds appropriated for necessary costs of grant administration as permitted under 46 U.S.C.

54301(a)(11). If MARAD does not receive sufficient qualified applications, it will award less than the amount available.

In addition to the FY 2022 PIDP funds, unobligated prior year PIDP funds may be made available and awarded under this solicitation to eligible projects. If this solicitation does not result in the award and obligation of all available funds, DOT may publish additional solicitations.

2. Award Size

For funding awarded under the BIL, there is no minimum award size. Except as limited by the amount of available funding and statutory restrictions on funding identified in Section

B.3., there is no maximum award size.

3. Restrictions on Funding

The BIL and 46 U.S.C. 54301 impose several restrictions on awards under this notice:

Not more than 25 percent of the available funds ($112.5 million) can be awarded for projects in any one State.

Twenty-five percent of the available funds ($112.5 million) is reserved for small projects at small ports awarded under 46 U.S.C. 54301(b), which are defined in Section A.4. of this notice, and no single grant award under 46 U.S.C. 54301(b) may be more than 10 percent

($11.25 million) of this amount. Of the reserved amount, not more than 10 percent ($11.25 million) may be used to make grants for development phase activities under 46 U.S.C.

54301(b)(3)(A)(ii)(III).

Not more than 10 percent ($33.75 million) of the funds not reserved for small projects at small ports may be awarded for development phase activities for large projects (as defined in Section A.4. of this notice) that do not result in construction.

If any of these statutory requirements are changed by the annual appropriations act for

FY 2022, DOT will amend this notice.

4. Availability of Funds

DOT seeks to obligate FY 2022 PIDP funds by September 30, 2025. Obligation occurs when a selected applicant and DOT enter into a written grant agreement after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements, such as those under the National Environmental Policy Act

(NEPA). Unless authorized by DOT in writing after DOT’s announcement of FY 2022 PIDP awards pursuant to 46 U.S.C. 54301(a)(10)(B) or 2 CFR 200.458, any costs incurred prior to

DOT’s obligation of funds for a project (“pre-award costs”) are ineligible for reimbursement and are ineligible to count as match for cost share requirements.9 Per 46 U.S.C. 54301(a)(11)(B)(ii), DOT also expects grant recipients to expend funds within five years of obligation. As part of the review and selection process described in Section E.2., DOT will consider a project’s likelihood to be ready for obligation of funds by September 30, 2025 and liquidation of these obligations within five years after the date of obligation.

5. Previous PIDP Awards

Recipients of prior PIDP grants may apply for funding to support additional phases of a project previously awarded funds in the PIDP program; however, to be competitive, the applicant should demonstrate the extent to which the previously funded project phase has met estimated project scope, schedule, and budget milestones, as well as how the new phase will impact project benefits.

C. Eligibility Information

To be selected for a FY 2022 PIDP discretionary grant, an applicant must be an eligible applicant and the project must be an eligible project.

1. Eligible Applicants

An eligible applicant for a FY 2022 PIDP discretionary grant is a port authority, a commission or its subdivision or agent under existing authority, a State or political subdivision

9 Pre-award costs are only costs incurred directly pursuant to the negotiation and anticipation of the PIDP award where such costs are necessary for efficient and timely performance of the scope of work, as determined and pre-approved in writing by DOT.

of a State or local government,10 an Indian Tribe,11 a public agency or publicly chartered authority established by one or more States, a special purpose district with a transportation function, a multistate or multijurisdictional group of entities, or a lead entity described above jointly with a private entity or group of private entities (including the owners or operators of a facility, or collection of facilities, at a port). Federal agencies are not eligible applicants for the

FY 2022 PIDP.

If submitting a joint application, applicants must identify in the application the eligible lead entity as the primary point of contact and identify the primary recipient of the award. The applicant that will be responsible for financial administration of the project must be an eligible lead entity described above (i.e., not a private entity). Joint applications must include a memorandum of understanding as an attachment signed by all the entities that includes a description of the roles and responsibilities of each entity.

Applicants must demonstrate that they have the authority to carry out the project and must submit information related to an assertion with citation of authority with their application. In the case of joint applications, at least one of the eligible applicants must demonstrate this authority.

See Section D.2.h. for more information.

2. Cost Sharing or Matching

This section of the notice describes cost share requirements for a FY 2022 PIDP grant award.

Per 46 U.S.C. 54301(a)(8), the Federal share of the costs for which an expenditure is made under a PIDP grant may not exceed 80 percent; however, the Secretary may increase the Federal share

10 State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.

Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

11 An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), without regard to capitalization), or a consortium of Indian Tribes.

of costs above 80 percent for: (1) a grant for a project that is located in a rural area; or (2) a grant awarded to a small project at a small port under 46 U.S.C. 54301(b). “Rural area” and a “small project at a small port” are defined in Section A.4. of this notice.

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 must demonstrate, such as through a commitment letter or other documentation, the sources of the non-Federal funds. Unless otherwise authorized by statute, State or local cost-share may not be counted as the non-Federal share for both the FY 2022 PIDP grant award and another Federal grant program.

Unless first approved by DOT in writing after award announcement, DOT will not consider previously incurred costs or previously expended or encumbered funds towards the matching requirement, except for awards made under 46 U.S.C. 54301(b) (small projects at small ports).

For awards made under 46 U.S.C. 54301(b), DOT may consider certain eligible pre-construction costs towards the matching requirement if incurred after the date of application submittal but before award announcement, and if the costs are clearly indicated in the budget included in the application and comply with all applicable Federal requirements. Matching funds are subject to the same Federal requirements described in Section F.2. as awarded funds.

For the purpose of eligibility, the proceeds of Federal assistance under chapter 6 of Title 23, United States Code or sections 501 through 504 of the Railroad and Revitalization and

Regulatory Reform Act of 1976 (Public Law 94-210), as amended, shall be considered to be part of the non-Federal share of project costs if the loan is repayable from non-Federal funds, unless otherwise requested by the project sponsor.

In addition to these cost share requirements, cost share will be evaluated according to the

“Leveraging Federal Funding” criterion described in Section E. Preference will be given to those projects that require a lower percentage Federal share of costs. See Section E.1.a.(3) for information on how DOT will evaluate leverage. That section explains that DOT seeks applications for projects that maximize the non-Federal share. See Section D.2.d. for information about documenting cost sharing in the application.

For each project that receives a PIDP 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, DOT will generally reduce the Federal contribution.

3. Other

a. Eligible Projects

Eligible projects for FY 2022 PIDP grants shall be located either within the boundary of a port, or outside the boundary of a port and directly related to port operations or to an intermodal connection to a port. Grants may be made for capital projects that will be used to improve the safety, efficiency, or reliability of:

(I) the loading and unloading of goods at the port, such as for marine terminal equipment;

(II) the movement of goods into, out of, around, or within a port, such as for highway or rail infrastructure, intermodal facilities, freight intelligent transportation systems, and digital infrastructure systems;

(III) operational improvements, including projects to improve port resilience; or

(IV) environmental and emissions mitigation measures, including projects for—

(a) port electrification or electrification master planning;

(b) harbor craft or equipment replacements or retrofits;

(c) development of port or terminal microgrids;

(d) provision of idling reduction infrastructure;

(e) purchase of cargo handling equipment and related infrastructure;

(f) worker training to support electrification technology;

(g) installation of port bunkering facilities from ocean-going vessels for fuels;

(h) electric vehicle charging or hydrogen refueling infrastructure for drayage and medium or heavy-duty trucks and locomotives that service the port and related grid upgrades; or

(i) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies.

For FY 2022, the Secretary may also make grants for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of title 46 apply, if such grants meet the other requirements set out in this notice.

This program will not fund construction, reconstruction, reconditioning, or purchase of a vessel, unless the Secretary determines such vessel is necessary for a project under Section

C.3.a.(IV), above, and is not already receiving assistance under 46 U.S.C. chapter 537. In addition, this program will not fund any project within a small shipyard (as defined in 46 U.S.C.

54101).

Improvements to Federally owned facilities are ineligible under the FY 2022 PIDP.

As required by Section 3501 of the NDAA, this program will not fund the purchase or installation of fully automated cargo handling equipment or the installation of terminal infrastructure that is designed for fully automated cargo handling equipment, if the Secretary determines such equipment would result in a net loss of good jobs or reduction in the quality of jobs within the port or port terminal. In general, fully automated cargo handling systems transfer materials without the need, or a significantly reduced need, for human assistance. Such systems may be remotely operated or monitored, with or without the exercise of human intervention or control. Applicants that propose projects that include the acquisition of eligible cargo handling equipment or terminal infrastructure for cargo handling equipment must indicate in their application whether or not the equipment is fully automated (or whether the terminal infrastructure is designed for fully automated equipment). If fully automated equipment is proposed to be acquired or terminal infrastructure for such equipment is proposed to be created, the applicant must provide information describing the job changes that will result from the project, including supporting evidence demonstrating that the project will not directly result in a net loss of good jobs or degradation of job quality.

Activities eligible for funding under PIDP planning grants include development phase activities (such as planning, feasibility analysis, revenue forecasting, environmental review, permitting, and preliminary engineering and design work), in addition to port planning activities such as development of master plans, electrification master planning, and planning to address a port’s ability to withstand probable occurrence or recurrence of an emergency or major disaster;

however, DOT seeks projects that propose to move into the construction phase within the grant’s period of performance. Accordingly, applications for only development phase activities will be less competitive than applications for capital grants.

Under the FY 2022 PIDP program, if an application includes right-of-way acquisition, the project will be considered a capital project. Projects that include right-of-way acquisition should include a timeline for construction.

Refer to Section D.5, Funding Restrictions, for more information when determining eligibility.

b. Determinations

DOT must make the following determinations under 46 U.S.C. 54301(a)(6)(A) before selecting a project for award. Evidence that a project meets these determinations should be clearly indicated in the Project Narrative as outlined in Section D.2.h.

(1) The project improves the safety, efficiency, or reliability of the movement of goods through a port or intermodal connection to the port. Refer to Section D.2.h. for what to include in the application, and to Section E.1.a. for how DOT will make this determination.

(2) The project is cost effective. DOT will determine a project is cost effective if it finds that the project’s benefit-cost ratio is equal to or greater than one. Refer to Section D.2.h.

for what to include in the application and to Section E.1.a. for how DOT will make this determination. This requirement does not apply to awards for small projects at small ports (i.e., awards made under 46 U.S.C. 54301(b)).

(3) The eligible applicant has the authority to carry out the project. Refer to Section

D.2.h. for what to include in the application, and to Section E.2.b. for how DOT will make this determination.

(4) The eligible applicant has sufficient funding available to meet the matching requirements. DOT’s determination of sufficient and available non-Federal matching funds will be based on the information provided in the project’s Grant Funds, Sources, and Uses of Project

Funds section of the application (see Section D.2.d.). Refer to Section D.2.h. for what to include in the application, and to Section E.2.b. for how DOT will make this determination.

(5) The project will be completed without unreasonable delay. The application must demonstrate that the project will meet the timeline outlined in Section B.4. This eligibility requirement is separate from the Project Readiness selection criterion rating described in Section

E.1.b. Refer to Section D.2.h. for what to include in the application, and to Section E.2.b. for how DOT will make this determination.

(6) The project cannot be easily and efficiently completed without Federal funding or financial assistance available to the project sponsor. DOT’s determination will be based on the impacts to the project if Federal funding or financial assistance is unavailable for the project.

Refer to Section D.2.h. for what to include in the application, and to Section E.2.b. for how DOT will make this determination.

c. Project Components

An application may describe a project that contains more than one component and may describe components that may be carried out by parties other than the applicant. DOT expects, and will impose requirements on fund recipients to ensure, that all components included in an application will be delivered as part of the PIDP project, regardless of whether a component includes Federal funding. The status of each component should be clearly described (for example, in the project schedule). DOT may award funds for a component, instead of the larger project, if that component: (1) independently meets minimum award amounts described in

Section B and all eligibility requirements described in Section C; (2) independently aligns well with the merit criteria specified in Section E; and (3) meets NEPA requirements with respect to independent utility. Independent utility means that the component will represent a transportation improvement that is usable even if no other improvement is made in the area and will be ready for intended use upon completion of that component’s construction. All project components that are presented together in a single application must demonstrate a relationship or connection among them.

Applicants should be aware that, depending upon the relationship between project components and applicable Federal law, Federal funding of some project components may make other project components that have not received Federal funding subject to Federal requirements as described in Section F.2.

DOT strongly encourages applicants to identify in their applications the project components that have independent utility and separately detail costs and requested PIDP funding for those components. If the application identifies one or more independent project components, the application should clearly identify how each independent component addresses the selection criteria and produces benefits on its own, in addition to describing how the full proposal of which the independent component is a part addresses the selection criteria described in Section

E.

d. Application Limit

Each eligible applicant may submit no more than one application. If an applicant submits multiple applications, only the last one received by DOT will be considered.

D. Application and Submission Information

1. Address to Request Application Package

Applications must be submitted to Grants.gov. Instructions for submitting applications can be found at https://www.maritime.dot.gov/office-port-infrastructure-development/port-and-terminal-infrastructure-development/how-apply-port along with specific instructions for the forms and attachments required for submission.

2. Content and Format of Application Submission

The application must include the Standard Form 424 (Application for Federal Assistance) and the Project Narrative. More detailed information about the Project Narrative follows.

Applicants are encouraged to also complete the SF-424C (Budget Information – Construction

Programs). These forms may be found on Grants.gov and are also available at www.maritime.dot.gov/PIDPgrants.

DOT recommends that the Project Narrative be prepared with standard formatting preferences (a single-spaced document, using a standard 12-point font such as Times New

Roman, with 1-inch margins, and the narrative text in one column only). The Project Narrative may not exceed 30 pages in length, excluding cover pages and table of contents. The only substantive portions that may exceed the 30-page limit are documents supporting assertions or conclusions made in the 30-page Project Narrative and documentation related to the required determinations. Except for the benefit-cost analysis, evaluators are not required to review supporting documents as part of the merit criteria review described in Section E. Supporting documentation should be dated, and DOT recommends using appropriately descriptive file names (e.g., “Project Narrative,” “Maps,” “Memoranda of Understanding and Letters of

Support”) for all attachments. 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.12

12 Although they are not required to do so, applicants are strongly encouraged to include a list of their supporting documents on the last page of their Project Narrative and to attach the documents to their application package in the following order: Project Narrative; Attachments Form; BCA narrative; BCA spreadsheet (in an unprotected format);

DOT recommends that the Project Narrative follow the basic outline below to ensure applications address all applicable requirements and assist evaluators in locating relevant information.

Introductory Information ……………………………………………… See D.2.a.

Section I: Project Description ................................................................. See D.2.b.

Section II: Project Location .................................................................... See D.2.c.

Section III: Grant Funds, Sources, and Uses of Project Funds ............... See D.2.d.

Section IV: Merit Criteria ....................................................................... See D.2.e.

Section V: Project Readiness .................................................................. See D.2.f.

Section VI: Domestic Preference ............................................................ See D.2.g.

Section VII: Determinations …………………………………………... See D.2.h.

The Project Narrative should include the information necessary for DOT to determine that the project satisfies project requirements described in Sections B and C and to assess the criteria specified in Section E.1. In addition to a detailed statement of work, detailed project schedule, and detailed project budget, the Project Narrative should include a table of contents, maps, and graphics, as appropriate, to make the information easier to review. To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by DOT. DOT expects applications to be complete upon submission and will evaluate the application based on the information submitted. DOT may ask any applicant to supplement data in its application but is not required to do so. Lack of supporting information project schedule; funding commitment letter(s); MOUs; project engineering drawings; project planning documents;

SF-424 C, Budget Information for Construction Programs; project cost estimate information; letters of support; other documentation. There is no expectation that every application will include any or all of these documents and omission of any or all of these documents will not affect a project’s rating.

provided with the application negatively affects competitiveness of the application, as described in Section E.2. DOT recommends applications include the following content:

a. Introductory Information

Each application should include a cover page with information about the project included in the following chart:

Field Name Guidance

Name of applicant

Is the applicant applying as a lead applicant with any private entity partners or joint applicants?

If yes, identify by name each of the private entities or joint applicants providing funding for the project.

What is the project name?

Project description Provide a brief (no more than 100 words) description of the project that focuses on what the project consists

of. For example: “This project will fund construction of a new wharf at the X Terminal, renovate the uplands adjacent to the wharf, construct a 100,000 SF-refrigerated warehouse, and install approximately 20,000 LF of track to connect the new facilities to the port’s rail switch yard.”

Is this a planning project? Yes or No.

Is this a project at a coastal, Great Lakes, or inland river port?

Specify coastal, Great Lakes, or inland river port.

GIS Coordinates (in Latitude and Longitude format) Provide the GIS coordinates of the approximate geographic center of the project.

Is this project in an urban or rural area? Use the guidance in Section A.4. of the NOFO to answer this question.

Project Zip Code Identify the zip code that corresponds to the GIS coordinates identified above.

Is the project located in a Historically Disadvantaged Community or a Community Development Zone? (A CDZ is a Choice Neighborhood, Empowerment Zone, Opportunity Zone, or Promise Zone.)

Answer yes only if the project is wholly or partially in a zone. Identify the type of zone in which the project is located.

Has the same project been previously submitted for PIDP funding?

Identify the program and year of the prior submission (such as “PIDP FY 2021”).

Is the applicant applying for other discretionary grant programs in 2022 for the same work or related scopes of work?

If so, identify the program, amount of funding requested and scope (such as RAISE FY 2022, $25 million, components 1 and 2 of this PIDP project).

Has the applicant previously received TIGER, BUILD, RAISE, FASTLANE, INFRA or PIDP funding?

Identify the program and year of the prior submission (such as “INFRA FY 2021”).

PIDP Grant Amount Requested Enter the total amount of PIDP grant funds requested.

Total Future Eligible Project costs Enter the total amount of Future Eligible Project costs.

This amount excludes previously incurred expenses.

See Section C of the NOFO.

Field Name Guidance

Total Project Cost In general, Total Project Cost will be equal to the Total Future Eligible Project Cost. (If there are previously incurred expenses, Total Project Cost should be the sum of the previously incurred expenses and the Total Future Eligible Project Costs).

Total Federal Funding Enter the amount of Federal funding from ALL sources that will be used for this project. (Include the amount of PIDP grant funding requested).

Total Non-Federal Funding Enter the amount of funds committed to the project from non-Federal sources.

Will RRIF or TIFIA funds be used as part of the project financing?

Indicate whether RRIF or TIFIA funding will be used for the project. If so, indicate the amount of funds that will be used.

b. Section I: Project Description

The first section of the application should provide a concise description of the project, the challenges that it is intended to address, and how it will address those challenges. If submitting a joint application, applicants should identify in this section the lead recipient of the award, who will also be responsible for financial administration of the project. Joint applications must include a description of the roles and responsibilities of each applicant and include a memorandum of understanding signed by all of the entities as an attachment.

The project description should also provide both a high-level overview of the overall project and a clear itemization of its major components. This section may discuss the project’s history, including a description of any previously completed components. The applicant may use this section to place the project into a broader context of other transportation infrastructure investments being pursued by the project sponsor. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project, the current design status of the project, and describes in detail the project to be constructed. 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 focus on eligibility and technical aspects of the project but should not directly address the selection criteria described in Section

D.2.e. below.

c. Section II: 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. This section should also clearly identify whether the project is: located in a rural or urban area (as defined in Section A.4.); a project at a coastal, Great Lakes, or inland river port (as defined in

Section A.4.); a small project at a small port (as defined in Section A.4.) seeking funding under

46 U.S.C. 54301(b); whether the project is located in a Historically Disadvantaged Community

(as defined in Section A.4.), including the relevant census tract(s); and whether the project is located in a Federally-designated community development zone such as a qualified Opportunity

Zone,13 Empowerment Zone,14 Promise Zone,15 or Choice Neighborhood.16 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).

d. Section III: Grant Funds, Sources, and Uses of Funds

This section of the application should include a table with the PIDP project budget and a corresponding description of the budget so that reviewers can understand how grant funds and non-Federal funds are being used to complete the project. The budget should also include information about the degree of design completion on which the cost was estimated. The discussion should also indicate when the cost data in the budget was compiled and how it was

13 See https://opportunityzones.hud.gov/.

14 See https://www.hud.