; (E) shall allocate not less than 20 percent of the amount anticipated to be available for grants under the program for each fiscal year to nationally or regionally significant projects; and (F) may consider use of innovative design and construction techniques, or innovative technologies. (3) Excess funding (A) In general In any fiscal year in which the Secretary determines that the total amounts allocated for any of subparagraphs (B) through (E) of paragraph (2) will not be awarded in the next fiscal year, the Secretary shall use the unutilized amounts to make other grants under the program. (B) Explanation If the Secretary makes a determination described in subparagraph (A), the Secretary shall include in the annual report under paragraph (1) an explanation as to why the allocated amounts will not be awarded. (4) Private sector participation The extent of private sector participation in projects that receive a grant under the program, including the use of nontraditional financing— (A) shall be determined by State and local policies, criteria, and decisionmaking; and (B) shall not alter or influence any evaluation under subsection (g) or (h) or recommendation for funding under this section by the Secretary. (5) Deadline for evaluation To the maximum extent practicable, the Secretary shall establish an annual date by which, for a project to be recommended by the Secretary for funding in the next annual report under paragraph (1), an applicant shall complete the activities required for the Secretary to evaluate the project under subsection (g) or (h), as applicable, and submit to the Secretary documentation of the completion of those activities. (j) Eligible project costs (1) In general A grant received for an eligible project under the program may be used for— (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities