185 
‘‘(B) plans to use best practices from any 
such pilot programs in structuring the program 
for which such funds are provided. 
‘‘(l) GRANT FLEXIBILITY.— 
‘‘(1) IN
GENERAL.—If there are not enough 
grant applications that meet the requirements of this 
section for a fiscal year, the Secretary may transfer 
to the program under section 503(b) of title 23, 
United States Code, to remain available until ex-
pended— 
‘‘(A) any of the funds reserved for the fis-
cal year under subsection (j) that the Secretary 
has not yet awarded under this section; and 
‘‘(B) an amount of obligation limitation 
equal to the amount of funds that the Secretary 
transfers under this subsection. 
‘‘(2) NOTIFICATION.—If, by August 1 of each 
fiscal year, the Secretary determines that there are 
not enough grant applications that meet the require-
ments of this section for a fiscal year, the Secretary 
shall submit a written notification of the intent to 
transfer funds under this subsection to the Com-
mittee on Appropriations and the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Appropria-
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tions and the Committee on Environment and Public 
Works of the Senate. 
‘‘(3) AUTHORIZATION OF TRANSFER.—The Sec-
retary shall carry out the transfer described in para-
graph (1) if the committees described in paragraph 
(2) provide written authorization to the Secretary 
for such transfer not later than 30 days after receiv-
ing a notification under paragraph (2).’’. 
SEC. 6007. SURFACE TRANSPORTATION SYSTEM ROAD 
USAGE CHARGE NATIONAL PILOT PROGRAM. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, the Secretary of Trans-
portation, in consultation with the Secretary of the Treas-
ury, shall establish a pilot program (referred to in this 
section as the ‘‘Pilot Program’’) to demonstrate implemen-
tation of a national per-mile road usage charge. 
(b) OBJECTIVES.—In establishing the Pilot Program, 
the Secretary of Transportation and the Secretary of the 
Treasury shall carry out the following objectives: 
(1) Test the design, acceptance, implementa-
tion, and financial sustainability of a national per- 
mile road usage charge. 
(2) Collect and report data on the differential 
effects of a national per-mile road usage charge and 
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the Federal motor fuels tax between urban and rural 
drivers. 
(3) Collect and report data on the interoper-
ability of road usage charge collection between 
States. 
(4) Create and implement a national public 
awareness campaign to increase public awareness re-
garding a national per-mile user fee, including dis-
tributing information related to the pilot program 
carried out under this section and information from 
the State surface transportation system funding 
pilot program under section 6020 of the FAST Act 
(23 U.S.C. 503 note). 
(5) Address the need for additional revenue for 
surface transportation infrastructure and a national 
per-mile user fee. 
(6) Provide recommendations regarding adop-
tion and implementation of a national per-mile road 
usage charge and a recommendation for the amount 
of the national per-mile road usage charge. 
(c) SURFACE
TRANSPORTATION
SYSTEM
ROAD 
USAGE CHARGE ADVISORY BOARD.— 
(1) IN
GENERAL.—In carrying out the Pilot 
Program, the Secretary of Transportation shall es-
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tablish a surface transportation system road usage 
charge advisory board to— 
(A) advance and implement the objectives 
under subsection (b); and 
(B) develop the recommendations and re-
port under subsection (j)(1). 
(2) MEMBERS.—The advisory board established 
under paragraph (1) shall, at a minimum, be com-
posed of a total of 15 representatives of the fol-
lowing entities, to be appointed by the Secretary: 
(A) State departments of transportation or 
State transportation commissions. 
(B) Local transportation agencies located 
within a transportation management area (as 
identified or designated under section 134(k) of 
title 23, United States Code). 
(C) Any public or nonprofit entity that 
carried out a surface transportation system 
funding alternatives pilot project under section 
6020 of the FAST Act (23 U.S.C. 503 note). 
(D) Owners and operators of toll facilities. 
(E) Fleet operators of commercial motor 
vehicles. 
(F) Academic experts on surface transpor-
tation. 
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(G) Private sector technology companies. 
(H) Automobile manufacturers. 
(I) Other members as designated by the 
Secretary. 
(3) APPLICATION OF LAW.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory board established under paragraph 
(1). 
(d) PROGRAM REQUIREMENTS.—In carrying out the 
Pilot Program, the Secretary of Transportation, in con-
sultation with the Secretary of the Treasury, shall— 
(1) establish appropriate methods for reporting 
vehicle miles traveled under the program; 
(2) solicit volunteer participants from all 50 
states and the District of Columbia; 
(3) ensure an appropriate geographic distribu-
tion by population among volunteer participants; 
(4) enter into agreements, as practicable, with 
owners of passenger and commercial motor vehicle 
fleets or law enforcement motorcycle fleets for the 
collection and sharing of anonymized data through-
out the pilot program; 
(5) enter into agreements with entities of the 
passenger motor vehicle industry, motorcycle indus-
try, and commercial vehicle industry to develop a 
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technology standard for onboard units used to report 
vehicle miles traveled; and 
(6) use components of and information from 
the State pilots under section 6020 of the FAST Act 
(23 U.S.C. 503 note), as applicable. 
(e) METHODS.—In establishing a method for col-
lecting information on vehicle miles traveled under the 
Pilot Program, the Secretary of Transportation shall con-
sider the following: 
(1) Third-party on-board diagnostic system-II 
devices. 
(2) Smart phone applications. 
(3) Solicitation of voluntary reporting by volun-
teer participants. 
(4) Solicitation of voluntary reporting by car in-
surance companies. 
(5) Solicitation of voluntary reporting through 
State departments of motor vehicles. 
(6) Any other method that the Secretary of 
Transportation considers appropriate. 
(f) PRIVACY OF PARTICIPANTS.—Not later than 30 
days after establishing the Pilot Program, the Secretary 
of Transportation, in consultation with the Secretary of 
the Treasury, shall issue policies to— 
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(1) protect the privacy and security of volunteer 
participants and their vehicles; and 
(2) secure the data provided by volunteer par-
ticipants. 
(g) CALCULATION
OF
PER-MILE
ROAD
USAGE 
CHARGE.—For the purposes of the Pilot Program, the 
Secretary of the Treasury shall establish on an annual 
basis— 
(1) for motor vehicles that are not commercial 
motor vehicles, a per mile road usage charge that is 
equivalent to the annual gas tax revenues collected 
pursuant to section 4081 of the Internal Revenue 
Code of 1986 divided by the total vehicle miles trav-
eled by such motor vehicles; and 
(2) for commercial motor vehicles, a per mile 
road usage charge equivalent to the annual diesel 
tax revenues collected pursuant to section 4041 of 
the Internal Revenue Code of 1986 divided by the 
total vehicle miles traveled by medium and heavy- 
duty trucks. 
(h) REVENUE COLLECTION.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury, in coordination with the Secretary of Transpor-
tation, may establish a mechanism to collect a per- 
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mile road usage charge from volunteer participants 
under the Pilot Program that— 
(A) may be adjusted as needed to address 
technical challenges; and 
(B) may allow third-party vendors to col-
lect the payments and submit such payments to 
the Secretary of the Treasury. 
(2) LIMITATION
ON
REVENUE
COLLECTED.— 
Any revenue collected under this section shall not be 
considered a toll under section 301 of title 23, 
United States Code. 
(3) HIGHWAY TRUST FUND.—Notwithstanding 
any other provision of law, the Secretary of the 
Treasury shall ensure that any revenue collected 
under this section is deposited into the Highway 
Trust Fund. 
(i) REFUND.—The Secretary of the Treasury shall 
annually calculate and issue an equivalent refund to volun-
teer participants for any otherwise applicable Federal 
motor fuel taxes under sections 4041 and 4081 of the In-
ternal Revenue Code of 1986. 
(j) REPORTS.— 
(1) ADVISORY BOARD.—Not later than 1 year 
after the date on which the surface transportation 
system road usage charge advisory board is estab-
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lished under subsection (c), such board shall submit 
to the Secretary of Transportation a report on the 
progress of the Pilot Program in meeting the objec-
tives described in subsection (b). 
(2) REPORT TO CONGRESS.—Not later than 1 
year after the date on which volunteer participants 
begin participating in the Pilot Program, and each 
year thereafter, the Secretary of Transportation and 
the Secretary of the Treasury shall submit to the 
Committee on Transportation and Infrastructure 
and the Committee on Ways and Means of the 
House of Representatives and the Committee on En-
vironment and Public Works and the Committee on 
Finance of the Senate a report on the Pilot Pro-
gram, including the report and recommendations 
submitted to the Secretary under paragraph (1). 
(k) DEFINITIONS.—In this section: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
the term in section 31101 of title 49, United States 
Code. 
(2) HIGHWAY TRUST FUND.—The term ‘‘High-
way Trust Fund’’ means the Highway Trust Fund 
established under section 9503 of the Internal Rev-
enue Code of 1986. 
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(3) VOLUNTEER PARTICIPANT.—The term ‘‘vol-
unteer participant’’ means— 
(A) the individual owner of a passenger 
motor vehicle or commercial motor vehicle who 
volunteers to participate in the Pilot Program; 
and 
(B) the owner of a fleet of commercial 
motor vehicles or passenger motor vehicles who 
volunteers to participate in the Pilot Program. 
SEC. 6008. IMPLEMENTATION OF PER-MILE ROAD USAGE 
CHARGE FOR FEDERAL VEHICLES. 
Not later than October 1, 2026, the Secretary of 
Transportation shall issue such regulations as are nec-
essary to— 
(1) establish and implement a per-mile road 
charge for all vehicles owned and operated by the 
Federal Government, at a rate determined by the 
Secretary; and 
(2) provide for reimbursement for annual gas 
tax revenues paid on behalf of such vehicles. 
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TITLE VII—RESILIENCY 
SEC. 
7001. 
PROMOTING 
RESILIENT 
OPERATIONS 
FOR 
TRANSFORMATIVE, EFFICIENT, AND COST- 
SAVING TRANSPORTATION (PROTECT) GRANT 
PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘§ 173. Promoting Resilient Operations for Trans-
formative, 
Efficient, 
and 
Cost-Saving 
Transportation (PROTECT) grant pro-
gram 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) EMERGENCY
EVENT.—The term ‘emer-
gency event’ means— 
‘‘(A) a natural disaster or catastrophic 
failure or an imminent natural disaster or cata-
strophic failure resulting in an emergency de-
clared by the Governor of the State in which 
the disaster or failure occurred or will occur; or 
‘‘(B) an event for which the President de-
clares a major disaster or emergency under sec-
tion 401 or 501, respectively, of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170 and 5191). 
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‘‘(2) EVACUATION ROUTE.—The term ‘evacu-
ation route’ means a transportation route or system 
that— 
‘‘(A) is owned, operated, or maintained by 
a Federal, State, Indian Tribe, or local govern-
ment or a private entity; 
‘‘(B) is used— 
‘‘(i) to transport the public away from 
emergency events; or 
‘‘(ii) to transport emergency respond-
ers and recovery resources; and 
‘‘(C) is designated by the eligible entity 
with jurisdiction over the area in which the 
route is located for the purposes described in 
subparagraph (B). 
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given such term in section 
207(m)(1). 
‘‘(4) PROGRAM.—The term ‘program’ means 
the grant program established under subsection 
(b)(1). 
‘‘(5) RESILIENCE
IMPROVEMENT.—The term 
‘resilience improvement’ means the use of materials 
or structural or nonstructural techniques, including 
natural infrastructure— 
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‘‘(A) that allow a project— 
‘‘(i) to better anticipate, prepare for, 
and adapt to changing conditions and to 
withstand and respond to disruptions; or 
‘‘(ii) to be better able to continue to 
serve the primary function of the project 
during and after emergency events for the 
expected life of the project; or 
‘‘(B) that— 
‘‘(i) reduce the cost, magnitude, and 
duration of the effects of emergency events 
on a project; or 
‘‘(ii) have the absorptive capacity, 
adaptive capacity, and recoverability to de-
crease project vulnerability to emergency 
events. 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a grant program, to be known as the ‘Promoting 
Resilient Operations for Transformative, Efficient, 
and Cost-saving Transportation grant program’ or 
the ‘PROTECT grant program’. 
‘‘(2) PURPOSE.—The purpose of the program is 
to provide grants for resilience improvements 
through— 
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‘‘(A) formula funding distributed to States; 
‘‘(B) competitive planning grants to enable 
communities to assess vulnerabilities to emer-
gency events, and plan infrastructure improve-
ments and emergency response strategies to ad-
dress such vulnerabilities; and 
‘‘(C) competitive resilience improvement 
grants to protect— 
‘‘(i) infrastructure assets by making 
the assets more resilient to current and fu-
ture weather events and natural disasters, 
including severe storms, flooding, tornados, 
drought, levee and dam failures, wildfire, 
landslides, sea level rise, extreme weather 
(including 
extreme 
temperature), 
and 
earthquakes; 
‘‘(ii) communities through resilience 
improvements and strategies that allow for 
the continued operation or rapid recovery 
of surface transportation systems that— 
‘‘(I) serve critical local, regional, 
and national needs, including evacu-
ation routes; and 
‘‘(II) provide access or service to 
hospitals and other medical or emer-
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gency service facilities, major employ-
ers, critical manufacturing centers, 
ports and intermodal facilities, utili-
ties, and Federal facilities; 
‘‘(iii) coastal infrastructure, such as a 
tide gate, that is at long-term risk to sea 
level rise; and 
‘‘(iv) natural infrastructure that pro-
tects and enhances surface transportation 
assets while improving ecosystem condi-
tions, including culverts that ensure ade-
quate flows in rivers and estuarine sys-
tems. 
‘‘(c) FORMULA AWARDS.— 
‘‘(1) DISTRIBUTION OF FUNDS TO STATES.— 
‘‘(A) IN GENERAL.—For each fiscal year, 
the Secretary shall distribute among the States 
the amounts made available to carry out this 
subsection for that fiscal year in accordance 
with subparagraph (B). 
‘‘(B) DISTRIBUTION.—The amount for 
each State shall be determined by multiplying 
the total amount made available to carry out 
this subsection for the applicable fiscal year by 
the ratio that— 
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‘‘(i) the total base apportionment for 
the State under section 104(c); bears to 
‘‘(ii) the total base apportionments for 
all States under section 104(c). 
‘‘(2) ELIGIBLE ACTIVITIES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a State shall use funds made 
available under paragraph (1) to carry out ac-
tivities eligible under subparagraph (A), (B), or 
(C) of subsection (d)(4). 
‘‘(B) 
PLANNING
SET-ASIDE.—Of 
the 
amounts made available to each State under 
paragraph (1) for each fiscal year, not less than 
2 percent shall be for activities described in 
subsection (d)(3). 
‘‘(3) REQUIREMENTS.— 
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a 
project under this subsection is carried out, in 
whole or in part, within a base floodplain, the 
State shall— 
‘‘(i) identify the base floodplain in 
which the project is to be located and dis-
close that information to the Secretary; 
and 
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‘‘(ii) indicate to the Secretary whether 
the State plans to implement 1 or more 
components of the risk mitigation plan 
under section 322 of the Robert T. Staf-
ford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165) with respect to 
the area. 
‘‘(B) ELIGIBILITIES.—A State shall use 
funds made available under paragraph (1) for— 
‘‘(i) a highway project eligible for as-
sistance under this title; 
‘‘(ii) a public transportation facility or 
service eligible for assistance under chapter 
53 of title 49; or 
‘‘(iii) a facility or service for intercity 
rail passenger transportation (as defined in 
section 24102 of title 49). 
‘‘(C) SYSTEM RESILIENCE.—A project car-
ried out by a State with funds made available 
under this subsection may include, consistent 
with State hazard mitigation plans, the use of 
natural infrastructure or the construction or 
modification of storm surge, flood protection, or 
aquatic ecosystem restoration elements that are 
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functionally connected to a transportation im-
provement, such as— 
‘‘(i) increasing marsh health and total 
area adjacent to a highway right-of-way to 
promote additional flood storage; 
‘‘(ii) upgrades to and installation of 
culverts designed to withstand 100-year 
flood events; 
‘‘(iii) upgrades to and installation of 
tide gates to protect highways; and 
‘‘(iv) upgrades to and installation of 
flood gates to protect tunnel entrances. 
‘‘(D) FEDERAL COST SHARE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subsection (f)(1), the Federal 
share of the cost of a project carried out 
using funds made available under para-
graph (1) shall not exceed 80 percent of 
the total cost of the project. 
‘‘(ii) NON-FEDERAL SHARE.—A State 
may use Federal funds other than Federal 
funds made available under this subsection 
to meet the non-Federal cost share re-
quirement for a project under this sub-
section. 
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‘‘(E) ELIGIBLE PROJECT COSTS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), eligible project costs 
for activities carried out by a State with 
funds made available under paragraph (1) 
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) ELIGIBLE PLANNING COSTS.—In 
the case of a planning activity described in 
subsection (d)(3) that is carried out by a 
State with funds made available under 
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paragraph (1), eligible costs may include 
development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, preliminary 
engineering 
and 
design 
work, 
other 
preconstruction activities, and other activi-
ties consistent with carrying out the pur-
poses of subsection (d)(3). 
‘‘(F) LIMITATIONS.—In carrying out this 
subsection, a State— 
‘‘(i) may use not more than 25 per-
cent of the amounts made available under 
this subsection for the construction of new 
capacity so long as such inclusion is cost- 
effective and is directly related to the un-
derlying project; and 
‘‘(ii) may use not more than 10 per-
cent of the amounts made available under 
this subsection for activities described in 
subparagraph (E)(i)(I). 
‘‘(d) COMPETITIVE AWARDS.— 
‘‘(1) IN GENERAL.—In addition to funds dis-
tributed to States under subsection (c)(1), the Sec-
retary shall provide grants on a competitive basis 
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under this subsection to eligible entities described in 
paragraph (2). 
‘‘(2) ELIGIBLE ENTITIES.—The Secretary may 
make a grant under this subsection to any of the fol-
lowing: 
‘‘(A) A State or political subdivision of a 
State. 
‘‘(B) A metropolitan planning organiza-
tion. 
‘‘(C) A unit of local government. 
‘‘(D) A special purpose district or public 
authority with a transportation function, includ-
ing a port authority. 
‘‘(E) An Indian tribe. 
‘‘(F) A Federal land management agency 
that applies jointly with a State or group of 
States. 
‘‘(G) A multi-State or multijurisdictional 
group of entities described in subparagraphs 
(A) through (F). 
‘‘(3) PLANNING
GRANTS.—Using funds made 
available for purposes under this subsection, the 
Secretary shall provide planning grants to eligible 
entities for the purpose of— 
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‘‘(A) in the case of a State or metropolitan 
planning organization, developing a resilience 
improvement plan under subsection (f)(2); 
‘‘(B) resilience planning, predesign, design, 
or the development of data tools to simulate 
transportation disruption scenarios, including 
vulnerability assessments; 
‘‘(C) technical capacity building by the eli-
gible entity to facilitate the ability of the eligi-
ble entity to assess the vulnerabilities of the in-
frastructure assets and community response 
strategies of the eligible entity under current 
conditions and a range of potential future con-
ditions; or 
‘‘(D) evacuation planning and preparation. 
‘‘(4) RESILIENCE GRANTS.— 
‘‘(A) 
RESILIENCE
IMPROVEMENT 
GRANTS.— 
‘‘(i) IN GENERAL.—Using funds made 
available for purposes under this sub-
section, the Secretary shall provide resil-
ience improvement grants to eligible enti-
ties to carry out 1 or more eligible activi-
ties under clause (ii). 
‘‘(ii) ELIGIBLE ACTIVITIES.— 
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‘‘(I) IN
GENERAL.—An eligible 
entity may use a resilience improve-
ment grant under this subparagraph 
for 1 or more construction activities 
to enable an existing surface transpor-
tation infrastructure asset to with-
stand or reduce the costs and impact 
of 1 or more elements of an emer-
gency event, or to increase the resil-
ience of surface transportation infra-
structure from the costs and impacts 
of changing conditions, such as sea 
level rise, flooding, extreme weather 
events, and other natural disasters. 
‘‘(II) INCLUSIONS.—An activity 
eligible to be carried out under this 
subparagraph includes— 
‘‘(aa) resurfacing, restora-
tion, rehabilitation, reconstruc-
tion, replacement, improvement, 
or realignment of an existing sur-
face transportation facility eligi-
ble for assistance under this title; 
‘‘(bb) the incorporation of 
natural infrastructure; 
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‘‘(cc) the upgrade of an ex-
isting surface transportation fa-
cility to meet or exceed Federal 
Highway 
Administration 
ap-
proved design standards; 
‘‘(dd) the installation of 
mitigation measures that prevent 
the intrusion of floodwaters into 
surface transportation systems; 
‘‘(ee) strengthening systems 
that remove rainwater from sur-
face transportation facilities; 
‘‘(ff) a resilience project that 
addresses 
identified 
vulnerabilities described in the 
resilience improvement plan of 
the eligible entity, if applicable; 
‘‘(gg) relocating roadways in 
a 
base 
floodplain 
to 
higher 
ground above projected flood ele-
vation levels, or away from slide 
prone areas; 
‘‘(hh) stabilizing slide areas 
or slopes; 
‘‘(ii) installing riprap; 
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‘‘(jj) lengthening or raising 
bridges to increase waterway 
openings, including to respond to 
extreme weather; 
‘‘(kk) deepening channels to 
prevent flooding; 
‘‘(ll) increasing the size or 
number of drainage structures; 
‘‘(mm) installing seismic ret-
rofits on bridges; 
‘‘(nn) adding scour protec-
tion at bridges; 
‘‘(oo) adding scour, stream 
stability, coastal, and other hy-
draulic countermeasures, includ-
ing spur dikes; and 
‘‘(pp) any other protective 
features, including natural infra-
structure, as determined by the 
Secretary. 
‘‘(iii) PRIORITY.—The Secretary shall 
prioritize a resilience improvement grant to 
an eligible entity if— 
‘‘(I) the Secretary determines— 
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‘‘(aa) the benefits of the eli-
gible activity proposed to be car-
ried out by the eligible entity ex-
ceed the costs of the activity; and 
‘‘(bb) there is a need to ad-
dress the vulnerabilities of infra-
structure assets of the eligible 
entity with a high risk of, and 
impacts associated with, failure 
due to the impacts of emergency 
events or changing conditions, 
such as sea level rise and in-
creased flood risk; or 
‘‘(II) the eligible activity pro-
posed to be carried out by the eligible 
entity is included in the applicable re-
silience improvement plan under sub-
section (f)(2). 
‘‘(B) COMMUNITY RESILIENCE AND EVAC-
UATION ROUTE GRANTS.— 
‘‘(i) IN GENERAL.—Using funds made 
available for purposes under this sub-
section, the Secretary shall provide com-
munity resilience and evacuation route 
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211 
grants to eligible entities to carry out 1 or 
more eligible activities under clause (ii). 
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi-
ble entity may use a community resilience 
and evacuation route grant under this sub-
paragraph for 1 or more projects that 
strengthen and protect evacuation routes 
that are essential for providing and sup-
porting evacuations caused by emergency 
events, including a project that— 
‘‘(I) is an eligible activity under 
subparagraph (A)(ii), if such eligible 
activity will improve an evacuation 
route; 
‘‘(II) ensures the ability of the 
evacuation route to provide safe pas-
sage during an evacuation and re-
duces the risk of damage to evacu-
ation routes as a result of future 
emergency events, including restoring 
or replacing existing evacuation routes 
that are in poor condition or not de-
signed to meet the anticipated de-
mand during an emergency event, and 
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212 
including steps to protect routes from 
mud, rock, or other debris slides; 
‘‘(III) if the Secretary determines 
that existing evacuation routes are not 
sufficient to adequately facilitate evac-
uations, 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— 
‘‘(aa) new or redundant 
evacuation routes, if the Sec-
retary determines that existing 
evacuation routes are not suffi-
cient 
to 
adequately 
facilitate 
evacuations, including the trans-
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213 
portation of emergency respond-
ers and recovery resources; or 
‘‘(bb) 
sheltering 
facilities 
that are functionally connected to 
an eligible project; 
‘‘(V) is for the acquisition of 
evacuation route or traffic incident 
management equipment, vehicles, or 
signage; or 
‘‘(VI) will ensure access or serv-
ice to critical destinations, including 
hospitals and other medical or emer-
gency service facilities, major employ-
ers, critical manufacturing centers, 
ports and intermodal facilities, utili-
ties, and Federal facilities. 
‘‘(iii) PRIORITY.—The Secretary shall 
prioritize community resilience and evacu-
ation route grants under this subpara-
graph for eligible activities that are cost-ef-
fective, as determined by the Secretary, 
taking into account— 
‘‘(I) 
current 
and 
future 
vulnerabilities to an evacuation route 
due to future occurrence or recurrence 
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of emergency events that are likely to 
occur in the geographic area in which 
the evacuation route is located; and 
‘‘(II) projected changes in devel-
opment patterns, demographics, and 
extreme weather events based on the 
best available evidence and analysis. 
‘‘(iv) CONSULTATION.—In providing 
grants for community resilience and evacu-
ation routes under this subparagraph, the 
Secretary shall consult with the Adminis-
trator of the Federal Emergency Manage-
ment Agency, who shall provide technical 
assistance to the Secretary and to eligible 
entities. 
‘‘(C) AT-RISK COASTAL INFRASTRUCTURE 
GRANTS.— 
‘‘(i) 
DEFINITION
OF
COASTAL 
STATE.—In this subparagraph, the term 
‘coastal State’ means— 
‘‘(I) a State in, or bordering on, 
the Atlantic, Pacific, or Arctic Ocean, 
the Gulf of Mexico, the Long Island 
Sound, or 1 or more of the Great 
Lakes; 
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‘‘(II) the United States Virgin Is-
lands; 
‘‘(III) Guam; 
‘‘(IV) American Samoa; 
‘‘(V) the Commonwealth of the 
Northern Mariana Islands; and 
‘‘(VI) Puerto Rico. 
‘‘(ii) GRANTS.—Using funds made 
available for purposes under this sub-
section, the Secretary shall provide at-risk 
coastal infrastructure grants to eligible en-
tities in coastal States to carry out 1 or 
more eligible activities under clause (iii). 
‘‘(iii) ELIGIBLE ACTIVITIES.—An eli-
gible entity may use an at-risk coastal in-
frastructure grant under this subpara-
graph for strengthening, stabilizing, hard-
ening, 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) that are subject 
to, or face increased long-term future risks 
of, an emergency event or changing condi-
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216 
tions, including coastal flooding, coastal 
erosion, wave action, storm surge, or sea 
level rise, in order to improve transpor-
tation and public safety and to reduce 
costs by avoiding larger future mainte-
nance 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 rise; 
and 
‘‘(II) that reduces long-term in-
frastructure costs by avoiding larger 
future 
maintenance 
or 
rebuilding 
costs. 
‘‘(v) COASTAL
BENEFITS.—In addi-
tion to the criteria under clause (iv), for 
the purpose of providing at-risk coastal in-
frastructure grants under this subpara-
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graph, the Secretary shall evaluate the ex-
tent to which a project will provide— 
‘‘(I) access to coastal homes, 
businesses, communities, and other 
critical infrastructure, including ac-
cess by first responders and other 
emergency personnel; or 
‘‘(II) access to a designated evac-
uation route. 
‘‘(5) GRANT REQUIREMENTS.— 
‘‘(A) SOLICITATIONS
FOR
GRANTS.—In 
providing grants under this subsection, the Sec-
retary shall conduct a transparent and competi-
tive national solicitation process to select eligi-
ble projects to receive grants under paragraph 
(3) and subparagraphs (A), (B), and (C) of 
paragraph (4). 
‘‘(B) APPLICATIONS.— 
‘‘(i) IN GENERAL.—To be eligible to 
receive a grant under paragraph (3) or 
subparagraph (A), (B), or (C) of para-
graph (4), an eligible entity shall submit to 
the Secretary an application in such form, 
at such time, and containing such informa-
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tion as the Secretary determines to be nec-
essary. 
‘‘(ii) PROJECTS IN CERTAIN AREAS.— 
If a project is proposed to be carried out 
by the eligible entity, in whole or in part, 
within a base floodplain, the eligible entity 
shall— 
‘‘(I) as part of the application, 
identify the floodplain in which the 
project is to be located and disclose 
that information to the Secretary; and 
‘‘(II) indicate in the application 
whether, if selected, the eligible entity 
will implement 1 or more components 
of the risk mitigation plan under sec-
tion 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165) with re-
spect to the area. 
‘‘(C) ELIGIBILITIES.—The Secretary may 
make a grant under paragraph (3) or subpara-
graph (A), (B), or (C) of paragraph (4) only 
for— 
‘‘(i) a highway project eligible for as-
sistance under this title; 
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‘‘(ii) a public transportation facility or 
service eligible for assistance under chapter 
53 of title 49; or 
‘‘(iii) a facility or service for intercity 
rail passenger transportation (as defined in 
section 24102 of title 49). 
‘‘(D) SYSTEM RESILIENCE.—A project for 
which a grant is provided under paragraph (3) 
or subparagraph (A), (B), or (C) of paragraph 
(4) may include the use of natural infrastruc-
ture or the construction or modification of 
storm surge, flood protection, or aquatic eco-
system restoration elements that the Secretary 
determines are functionally connected to a 
transportation improvement, such as— 
‘‘(i) increasing marsh health and total 
area adjacent to a highway right-of-way to 
promote additional flood storage; 
‘‘(ii) upgrades to and installation of 
culverts designed to withstand 100-year 
flood events; 
‘‘(iii) upgrades to and installation of 
tide gates to protect highways; and 
‘‘(iv) upgrades to and installation of 
flood gates to protect tunnel entrances. 
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‘‘(E) FEDERAL COST SHARE.— 
‘‘(i) PLANNING GRANT.—The Federal 
share of the cost of a planning activity car-
ried out using a planning grant under 
paragraph (3) shall be 100 percent. 
‘‘(ii) RESILIENCE GRANTS.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II) and sub-
section (f)(1), the Federal share of 
the cost of a project carried out using 
a grant under subparagraph (A), (B), 
or (C) of paragraph (4) shall not ex-
ceed 80 percent of the total cost of 
the project. 
‘‘(II) 
TRIBAL
PROJECTS.—On 
the determination of the Secretary, 
the Federal share of the cost of a 
project carried out using a grant 
under subparagraph (A), (B), or (C) 
of paragraph (4) by an Indian tribe 
may be up to 100 percent. 
‘‘(iii) NON-FEDERAL SHARE.—The eli-
gible entity may use Federal funds other 
than Federal funds provided under this 
subsection to meet the non-Federal cost 
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‘‘(ii) reduce the magnitude or dura-
tion of impacts of a disruptive weather 
event or natural disaster on a project; and 
‘‘(B) to have the absorptive capacity, 
adaptive capacity, and recoverability to decrease 
project vulnerability to weather events or other 
natural disasters.’’. 
(b) NATIONAL
HIGHWAY
PERFORMANCE
PRO-
GRAM.—Section 119(d)(2) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(Q) Improving the resilience of projects 
funded under this section, including through 
the use of natural infrastructure.’’. 
(c) SURFACE TRANSPORTATION BLOCK GRANT PRO-
GRAM.—Section 133(b) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(16) Projects to improve the resilience of a 
transportation facility, including through the use of 
natural infrastructure, otherwise eligible for assist-
ance under this section.’’. 
(d) TRIBAL TRANSPORTATION PROGRAM.—Section 
202(a)(1)(A) of title 23, United States Code, is amend-
ed— 
(1) in clause (vii) by striking ‘‘; and’’ and in-
serting a semicolon; 
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