eligible entity

(4) Resilience grants.— (A) Resilience improvement grants.— (i) In general .— Using funds made available under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii) Eligible activities.— (I) In general .— An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to improve the ability of an existing surface transportation asset to withstand 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters. (II) Inclusions .— An activity eligible to be carried out under this subparagraph includes— (aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title; (bb) the incorporation of natural infrastructure; (cc) the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the Federal Highway Administration; (dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems; (ee) strengthening systems that remove rainwater from surface transportation facilities; (ff) upgrades to and installation of structural stormwater controls; (gg) a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable; (hh) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas; (ii) stabilizing slide areas or slopes; (jj) installing riprap; (kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather; (ll) increasing the size or number of drainage structures; (mm) installing seismic retrofits on bridges; (nn) adding scour protection at bridges; (oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; (pp) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and (qq) any other protective features, including natural infrastructure, as determined by the Secretary. (iii) Priority .— The Secretary shall prioritize a resilience improvement grant to an eligible entity if— (I) the Secretary determines— (aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and (bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or (II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (e)(2). (B) Community resilience and evacuation route grants.— (i) In general .— Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii) Eligible activities .— An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that— (I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route; (II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides; (III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of— (aa) communications and intelligent transportation system equipment and infrastructure; (bb) counterflow measures; or (cc) shoulders; (IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources; (V) is for the acquisition of evacuation route or traffic incident management equipment or signage; or (VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities. (iii) Priority .— The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account— (I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and (II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis. (iv) Consultation .— In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary may consult with the Administrator of the Federal Emergency Management Agency, who may provide technical assistance to the Secretary and to eligible entities. (C) At-risk coastal infrastructure grants.— (i) Definition of eligible entity .— In this subparagraph, the term “eligible entity” means any of the following: (I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes. (II) A political subdivision of a State described in subclause (I). (III) A metropolitan planning organization in a State described in subclause (I). (IV) A unit of local government in a State described in subclause (I). (V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I). (VI) An Indian tribe in a State described in subclause (I). (VII) A Federal land management agency that applies jointly with a State or group of States described in subclause (I). (VIII) A multi-State or multijurisdictional group of entities described in subclauses (I) through (VII). (ii) Grants .— Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out 1 or more eligible activities under clause (iii). (iii) Eligible activities .— An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. (iv) Criteria .— The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project— (I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and (II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs. (v) Coastal benefits .— In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide— (I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or (II) access to a designated evacuation route.

Source

23 USC § 176(d)(4)


Scoping language

In this subparagraph
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