221 
share requirement for a project carried out 
with a grant under this subsection. 
‘‘(F) ELIGIBLE PROJECT COSTS.— 
‘‘(i) RESILIENCE GRANT PROJECTS.— 
Eligible project costs for activities funded 
with a grant under subparagraph (A), (B), 
or (C) of paragraph (4) may include the 
costs of— 
‘‘(I) development phase activities, 
including planning, feasibility anal-
ysis, revenue forecasting, environ-
mental review, preliminary engineer-
ing and design work, and other 
preconstruction activities; and 
‘‘(II) construction, reconstruc-
tion, rehabilitation, and acquisition of 
real property (including land related 
to the project and improvements to 
land), environmental mitigation, con-
struction contingencies, acquisition of 
equipment directly related to improv-
ing system performance, and oper-
ational improvements. 
‘‘(ii) 
PLANNING
GRANTS.—Eligible 
project costs for activities funded with a 
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grant under paragraph (3) may include the 
costs of development phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, 
preliminary engineering and design work, 
other preconstruction activities, and other 
activities consistent with carrying out the 
purposes of that paragraph. 
‘‘(G) LIMITATIONS.—An eligible entity 
that receives a grant under subparagraph (A), 
(B), or (C) of paragraph (4)— 
‘‘(i) may use not more than 25 per-
cent of the amount of the grant for the 
construction of new capacity so long as 
such inclusion is cost-effective and is di-
rectly related to the underlying project; 
and 
‘‘(ii) may use not more than 10 per-
cent of the amount of the grant for activi-
ties described in subparagraph (F)(i)(I). 
‘‘(H) DISTRIBUTION OF GRANTS.— 
‘‘(i) IN
GENERAL.—Subject to the 
availability of funds, an eligible entity may 
request and the Secretary may distribute 
funds for a grant under this subsection on 
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a multi-year basis, as the Secretary deter-
mines to be necessary. 
‘‘(ii) 
RURAL
SET-ASIDE.—Of 
the 
amounts made available to carry out this 
subsection for each fiscal year, the Sec-
retary shall use not less than 25 percent 
for grants for projects located in areas 
that are outside an urbanized area with a 
population of over 200,000. 
‘‘(iii) TRIBAL
SET-ASIDE.—Of the 
amounts made available to carry out this 
subsection for each fiscal year, the Sec-
retary shall use not less than 2 percent for 
grants to Indian tribes. 
‘‘(iv) REALLOCATION.—For any fiscal 
year, if the Secretary determines that the 
amount described in clause (ii) or (iii) will 
not be fully utilized for the grant described 
in that clause, the Secretary may reallocate 
the unutilized funds to provide grants to 
other eligible entities under this subsection. 
‘‘(e) CONSULTATION.—In carrying out the program, 
the Secretary shall— 
‘‘(1) consult with the Assistant Secretary of the 
Army for Civil Works, the Administrator of the En-
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vironmental Protection Agency, the Secretary of the 
Interior, and the Secretary of Commerce; and 
‘‘(2) solicit technical support from the Adminis-
trator of the Federal Emergency Management Agen-
cy. 
‘‘(f) RESILIENCE IMPROVEMENT PLAN AND LOWER 
NON-FEDERAL SHARE.— 
‘‘(1) FEDERAL SHARE REDUCTIONS.— 
‘‘(A) IN GENERAL.—A State that receives 
funds under subsection (c) or an eligible entity 
that receives a grant under subsection (d) shall 
have the non-Federal share of a project carried 
out with the funds or grant, as applicable, re-
duced by an amount described in subparagraph 
(B) if the State or eligible entity meets the ap-
plicable requirements under that subparagraph. 
‘‘(B) AMOUNT OF REDUCTIONS.— 
‘‘(i) 
RESILIENCE
IMPROVEMENT 
PLAN.—Subject to clause (iii), the amount 
of the non-Federal share of the costs of a 
project carried out with funds under sub-
section (c) or a grant under subsection (d) 
shall be reduced by 7 percentage points 
if— 
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‘‘(I) in the case of a State or an 
eligible entity that is a State or a 
metropolitan planning organization, 
the State or eligible entity has— 
‘‘(aa) developed a resilience 
improvement plan in accordance 
with this subsection; and 
‘‘(bb) prioritized the project 
on that resilience improvement 
plan; and 
‘‘(II) in the case of an eligible en-
tity not described in subclause (I), the 
eligible entity is located in a State or 
an area served by a metropolitan 
planning organization that has— 
‘‘(aa) developed a resilience 
improvement plan in accordance 
with this subsection; and 
‘‘(bb) prioritized the project 
on that resilience improvement 
plan. 
‘‘(ii) INCORPORATION OF RESILIENCE 
IMPROVEMENT
PLAN
IN
OTHER
PLAN-
NING.—Subject to clause (iii), the amount 
of the non-Federal share of the cost of a 
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project carried out with funds under sub-
section (c) or a grant under subsection (d) 
shall be reduced by 3 percentage points 
if— 
‘‘(I) in the case of a State or an 
eligible entity that is a State or a 
metropolitan planning organization, 
the resilience improvement plan devel-
oped in accordance with this sub-
section has been incorporated into the 
metropolitan 
transportation 
plan 
under section 134 or the long-range 
statewide transportation plan under 
section 135, as applicable; and 
‘‘(II) in the case of an eligible en-
tity not described in subclause (I), the 
eligible entity is located in a State or 
an area served by a metropolitan 
planning 
organization 
that 
incor-
porated a resilience improvement plan 
into the metropolitan transportation 
plan under section 134 or the long- 
range statewide transportation plan 
under section 135, as applicable. 
‘‘(iii) LIMITATIONS.— 
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‘‘(I) MAXIMUM
REDUCTION.—A 
State or eligible entity may not receive 
a reduction under this paragraph of 
more than 10 percentage points for 
any single project carried out with 
funds under subsection (c) or a grant 
under subsection (d). 
‘‘(II) NO
NEGATIVE
NON-FED-
ERAL SHARE.—A reduction under this 
paragraph shall not reduce the non- 
Federal share of the costs of a project 
carried out with funds under sub-
section (c) or a grant under sub-
section (d) to an amount that is less 
than zero. 
‘‘(2) PLAN CONTENTS.—A resilience improve-
ment plan referred to in paragraph (1)— 
‘‘(A) shall be for the immediate and long- 
range planning activities and investments of the 
State or metropolitan planning organization 
with respect to resilience; 
‘‘(B) shall demonstrate a systemic ap-
proach to transportation system resilience and 
be consistent with and complementary of the 
State and local mitigation plans required under 
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section 322 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 
U.S.C. 5165); 
‘‘(C) shall— 
‘‘(i) include a risk-based assessment 
of vulnerabilities of transportation assets 
and systems to current and future extreme 
weather events and natural disasters, in-
cluding severe storms, flooding, tornados, 
drought, levee and dam failures, wildfire, 
landslides, sea level rise, extreme weather 
events, including extreme temperatures, 
and earthquakes; 
‘‘(ii) designate evacuation routes and 
strategies, including multimodal facilities, 
designated with consideration for individ-
uals without access to personal vehicles; 
‘‘(iii) plan for response to anticipated 
emergency events, including plans for the 
mobility of— 
‘‘(I) emergency response per-
sonnel and equipment; and 
‘‘(II) access to emergency serv-
ices, including for vulnerable or dis-
advantaged populations; 
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‘‘(iv) describe the resilience improve-
ment policies, including strategies, land-use 
and zoning changes, investments in natural 
infrastructure, or performance measures 
that will inform the transportation invest-
ment decisions of the State or metropolitan 
planning organization with the goal of in-
creasing resilience; 
‘‘(v) include an investment plan 
that— 
‘‘(I) includes a list of priority 
projects; and 
‘‘(II) describes how funds pro-
vided by a grant under the program 
would be invested and matched, which 
shall not be subject to fiscal con-
straint requirements; and 
‘‘(vi) use science and data and indi-
cate the source of data and methodologies; 
and 
‘‘(D) shall, as appropriate— 
‘‘(i) include a description of how the 
plan will improve the ability of the State or 
metropolitan planning organization— 
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‘‘(I) to respond promptly to the 
impacts of weather events and natural 
disasters; and 
‘‘(II) to be prepared for changing 
conditions, such as sea level rise and 
increased flood risk; 
‘‘(ii) describe the codes, standards, 
and regulatory framework, if any, adopted 
and enforced to ensure resilience improve-
ments within the impacted area of pro-
posed projects included in the resilience 
improvement plan; 
‘‘(iii) consider the benefits of com-
bining hard infrastructure assets, and nat-
ural infrastructure, through coordinated 
efforts by the Federal Government and the 
States; 
‘‘(iv) assess the resilience of other 
community assets, including buildings and 
housing, emergency management assets, 
and energy, water, and communication in-
frastructure; 
‘‘(v) use a long-term planning period; 
and 
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‘‘(vi) include such other information 
as the eligible entity considers appropriate. 
‘‘(3) NO
NEW
PLANNING
REQUIREMENTS.— 
Nothing in this section requires a metropolitan plan-
ning organization or a State to develop a resilience 
improvement plan or to include a resilience improve-
ment plan under the metropolitan transportation 
plan under section 134 or the long-range statewide 
transportation plan under section 135, as applicable, 
of the metropolitan planning organization or State. 
‘‘(g) MONITORING.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this section, the Sec-
retary, in consultation with the officials described in 
subsection (e), shall— 
‘‘(A) establish, for the purpose of evalu-
ating the effectiveness and impacts of projects 
carried out under the program— 
‘‘(i) subject to paragraph (2), trans-
portation and any other metrics as the 
Secretary determines to be necessary; and 
‘‘(ii) procedures for monitoring and 
evaluating projects based on those metrics; 
and 
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‘‘(B) select a representative sample of 
projects to evaluate based on the metrics and 
procedures established under subparagraph (A). 
‘‘(2) NOTICE.—Before adopting any metrics de-
scribed in paragraph (1), the Secretary shall— 
‘‘(A) publish the proposed metrics in the 
Federal Register; and 
‘‘(B) provide to the public an opportunity 
for comment on the proposed metrics. 
‘‘(h) REPORTS.— 
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 
later than 1 year after the date on which a project 
carried out under the program is completed, the en-
tity that carried out the project shall submit to the 
Secretary a report on the results of the project and 
the use of the funds received under the program. 
‘‘(2) REPORTS TO CONGRESS.— 
‘‘(A) ANNUAL
REPORTS.—The Secretary 
shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Environ-
ment and Public Works of the Senate, and pub-
lish on the website of the Department of Trans-
portation, an annual report that describes the 
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implementation of the program during the pre-
ceding calendar year, including— 
‘‘(i) each project for which a grant 
was provided under the program; 
‘‘(ii) information relating to project 
applications received; 
‘‘(iii) the manner in which the con-
sultation requirements were implemented 
under this section; 
‘‘(iv) recommendations to improve the 
administration of the program, including 
whether assistance from additional or 
fewer agencies to carry out the program is 
appropriate; 
‘‘(v) the period required to disburse 
grant funds to recipients based on applica-
ble Federal coordination requirements; and 
‘‘(vi) a list of facilities that repeatedly 
require repair or reconstruction due to 
emergency events. 
‘‘(B) FINAL REPORT.—Not later than 5 
years after the date of enactment of the 
STARTER Act 2.0, the Secretary shall submit 
to Congress a report that includes the results of 
the reports submitted under subparagraph (A). 
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The Secretary shall use not more than 5 per-
cent of the amounts made available to carry out 
the program for each fiscal year for the costs 
of administering the program, including moni-
toring and evaluation under subsection (g). 
‘‘(C) CONSULTATION.—In developing guid-
ance and regulations, and in providing grants 
for under this section, the Secretary shall con-
sult with the Administrator of the Federal 
Emergency Management Agency, who shall pro-
vide technical assistance to the Secretary and to 
eligible entities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, as amended by this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘173. Promoting Resilient Operations for Transformative, Efficient, and Cost- 
saving Transportation (PROTECT) grant program.’’. 
SEC. 7002. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (2) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3) by striking the period 
at the end and inserting ‘‘; and’’; and 
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(C) by adding at the end the following: 
‘‘(4) to provide support for measures to in-
crease the resiliency of Federal-aid highways and 
bridges on and off the National Highway System to 
mitigate the impacts of sea level rise, extreme weath-
er events, flooding, or other natural disasters.’’; and 
(2) by adding at the end the following: 
‘‘(k) PROTECTIVE FEATURES.— 
‘‘(1) IN GENERAL.—A State may use not more 
than 15 percent of the funds apportioned to the 
State under section 104(b)(1) for each fiscal year 
for 1 or more protective features on a Federal-aid 
highway or bridge off the National Highway System, 
if the protective feature is designed to mitigate the 
risk of recurring damage, or the cost of future re-
pairs, from extreme weather events, flooding, or 
other natural disasters. 
‘‘(2) PROTECTIVE
FEATURES
DESCRIBED.—A 
protective feature referred to in paragraph (1) may 
include— 
‘‘(A) raising roadway grades; 
‘‘(B) relocating roadways in a base flood-
plain to higher ground above projected flood 
elevation levels or away from slide prone areas; 
‘‘(C) stabilizing slide areas; 
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‘‘(D) stabilizing slopes; 
‘‘(E) installing riprap; 
‘‘(F) lengthening or raising bridges to in-
crease waterway openings; 
‘‘(G) deepening channels to prevent flood-
ing; 
‘‘(H) increasing the size or number of 
drainage structures; 
‘‘(I) replacing culverts with bridges or 
upsizing culverts; 
‘‘(J) repairing or maintaining tide gates; 
‘‘(K) installing seismic retrofits on bridges; 
‘‘(L) adding scour protection at bridges; 
‘‘(M) adding scour, stream stability, coast-
al, or other hydraulic countermeasures, includ-
ing spur dikes; 
‘‘(N) the use of natural infrastructure to 
mitigate the risk of recurring damage or the 
cost of future repair from extreme weather 
events, flooding, or other natural disasters; and 
‘‘(O) any other features that mitigate the 
risk of recurring damage or the cost of future 
repair as a result of extreme weather events, 
flooding, or other natural disasters, as deter-
mined by the Secretary. 
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‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to limit the ability 
of a State to carry out a project otherwise eligible 
under subsection (d) using funds apportioned under 
section 104(b)(1).’’. 
SEC. 7003. RESILIENCE IN FEDERAL-AID HIGHWAY PRO-
GRAMS. 
(a) DEFINITIONS.—Section 101(a) of title 23, United 
States Code, is amended— 
(1) by redesignating paragraphs (17) through 
(22) as paragraphs (18) through (23), respectively; 
(2) by redesignating paragraphs (23) through 
(34) as paragraphs (25) through (36), respectively; 
(3) by inserting after paragraph (16) the fol-
lowing: 
‘‘(17) NATURAL INFRASTRUCTURE.— 
‘‘(A) IN GENERAL.—The term ‘natural in-
frastructure’ means infrastructure that uses, re-
stores, or emulates natural ecological processes 
and— 
‘‘(i) is created through the action of 
natural physical, geological, biological, and 
chemical processes over time; 
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‘‘(ii) is created by human design, en-
gineering, and construction to emulate or 
act in concert with natural processes; or 
‘‘(iii) involves the use of plants, soils, 
and other natural features, including 
through the creation, restoration, or pres-
ervation of vegetated areas using materials 
appropriate to the region to manage 
stormwater and runoff, to attenuate flood-
ing and storm surges, and for other related 
purposes. 
‘‘(B) INCLUSION.—The term ‘natural in-
frastructure’ includes green infrastructure and 
nature-based solutions.’’; and 
(4) by inserting after paragraph (23), as so re-
designated, the following: 
‘‘(24) RESILIENCE.—The term ‘resilience’, with 
respect to a project, means a project with the ability 
to anticipate, prepare for, or adapt to conditions or 
withstand, respond to, or recover rapidly from dis-
ruptions, including the ability— 
‘‘(A) to— 
‘‘(i) resist hazards or withstand im-
pacts from weather events and natural dis-
asters; or 
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(2) by redesginating clause (viii) as clause (ix); 
and 
(3) by inserting after clause (vii) the following: 
‘‘(viii) projects to improve the resil-
ience of a tribal transportation facility, in-
cluding through the use of natural infra-
structure; and’’. 
(e) FEDERAL LANDS TRANSPORTATION PROGRAM.— 
Section 203(a)(1)(A) of title 23, United States Code, is 
amended— 
(1) in clause (vi) by striking ‘‘; and’’ and insert-
ing a semicolon; 
(2) by redesignating clause (vii) as clause (viii); 
and 
(3) by inserting after clause (vi) the following: 
‘‘(vii) projects to improve the resil-
ience of a tribal transportation facility, in-
cluding through the use of natural infra-
structure; and’’. 
(f) FEDERAL LANDS ACCESS PROGRAM.—Section 
204(a)(1)(A) of title 23, United States Code, is amend-
ed— 
(1) in clause (v) by striking ‘‘; and’’ and insert-
ing a semicolon; 
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(2) by redesignating clause (vi) as clause (vii); 
and 
(3) by inserting after clause (v) the following: 
‘‘(vi) projects to improve the resilience 
of a tribal transportation facility, including 
through the use of natural infrastructure; 
and’’. 
SEC. 7004. RESILIENCY IN TRANSIT. 
Section 5324 of title 49, United States Code, is 
amended by— 
(1) striking ‘‘and’’ at the end of subsection 
(b)(1); 
(2) striking the period at the end of subsection 
(b)(2)(B) and inserting ‘‘; and’’; and 
(3) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(3) mitigation projects and activities that the 
Secretary determines are cost effective and which 
substantially reduce the risk of, or increase resilience 
to, future damage, hardship, or loss, related to 
equipment and facilities of a public transportation 
system operating in the United States or on an In-
dian reservation that the Secretary determines is in 
danger of suffering serious damage, or has suffered 
serious damage, as a result of an emergency.’’. 
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242 
SEC. 7005. HIGHWAY EMERGENCY RELIEF AND RESIL-
IENCY. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1), by inserting ‘‘wildfire, 
sea level rise,’’ after ‘‘severe storm’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 
this section shall not be used for the repair or reconstruc-
tion of a bridge that has been permanently closed to all 
vehicular traffic by a Federal, State, Tribal, or local offi-
cial because of imminent danger of collapse due to a struc-
tural deficiency or physical deterioration.’’; and 
(3) in subsection (d)— 
(A) in paragraph (2)(A)— 
(i) by striking the period at the end 
and inserting ‘‘; and’’; 
(ii) by striking ‘‘a facility that meets 
the current’’ and inserting the following: 
‘‘a facility that— 
‘‘(i) meets the current’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) incorporates economically justifi-
able improvements designed and dem-
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onstrated to mitigate and reduce the risk 
of recurring damage from extreme weather 
events, flooding, or other natural disas-
ters.’’; 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively; and 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) PROTECTIVE FEATURES.— 
‘‘(A) IN GENERAL.—The cost of an im-
provement that is part of a project under this 
section shall be an eligible expense under this 
section if the improvement is a protective fea-
ture that is designed and demonstrated to miti-
gate and reduce the risk of recurring damage, 
or the cost of future repair, from extreme 
weather events, flooding, or other natural disas-
ters. 
‘‘(B) 
PROTECTIVE
FEATURES
DE-
SCRIBED.—A protective feature referred to in 
subparagraph (A) may include— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways in a base 
floodplain to higher ground above projected 
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flood elevation levels or away from slide 
prone areas; 
‘‘(iii) stabilizing slide areas; 
‘‘(iv) stabilizing slopes; 
‘‘(v) installing riprap; 
‘‘(vi) lengthening or raising bridges to 
increase waterway openings; 
‘‘(vii) deepening channels to prevent 
flooding; 
‘‘(viii) increasing the size or number 
of drainage structures; 
‘‘(ix) replacing culverts with bridges 
or upsizing culverts; 
‘‘(x) repairing or maintaining tide 
gates; 
‘‘(xi) installing seismic retrofits on 
bridges; 
‘‘(xii) adding scour protection at 
bridges; 
‘‘(xiii) adding scour, stream stability, 
coastal, and other hydraulic counter-
measures, including spur dikes; 
‘‘(xiv) the use of natural infrastruc-
ture to mitigate the risk of recurring dam-
age or the cost of future repair from ex-
VerDate Sep 11 2014 
22:49 Jun 29, 2021
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H3341
pbinns on DSKJLVW7X2PROD with BILLS