Resilient Highways Act of 2021
Bill: S.1710 | Sponsor: Sen. Gillibrand, Kirsten E. (D-NY)
Policy area: Transportation and Public Works

Summary:
Resilient Highways Act of 2021
This bill addresses projects to improve the resiliency of federal-aid highways, bridges, and tunnels on and off the National Highway System.
Specifically, the bill

To amend title 23, United States Code, to ensure that Federal-aid 
   highways, bridges, and tunnels are more resilient, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resilient Highways Act of 2021''.

SEC. 2. 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
                    (C) by adding at the end the following:
            ``(4) to provide support for measures to increase the 
        resiliency of Federal-aid highways, bridges, and tunnels on and 
        off the National Highway System to mitigate the impacts of sea 
        level rise and extreme weather events.''; 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 a protective feature on a Federal-aid 
        highway, bridge, or tunnel, if the protective feature is an 
        economically justified improvement designed to mitigate the 
        risk of recurring damage or the cost of future repairs from 
        extreme weather, flooding, and 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 floodplain to higher 
                ground above projected flood elevation levels or away 
                from slide prone areas;
                    ``(C) stabilizing slide areas;
                    ``(D) stabilizing slopes;
                    ``(E) installing riprap;
                    ``(F) lengthening or raising bridges to increase 
                waterway openings;
                    ``(G) deepening channels to prevent flooding;
                    ``(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 spur dikes;
                    ``(N) the use of natural infrastructure to mitigate 
                the risk of recurring damage or the cost of future 
                repair from extreme weather, flooding, and 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, flooding, and other natural 
                disasters, as determined by the Secretary.
            ``(3) Savings provision.--Nothing in this subsection limits 
        the ability of a State to carry out a project otherwise 
        eligible under subsection (d) using funds apportioned under 
        section 104(b)(1).''.

SEC. 3. FEDERAL SHARE PAYABLE.

    Section 120(c) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(4) Protective features.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Federal share payable for the 
                cost of a protective feature on a Federal-aid highway, 
                bridge, or tunnel project under this title may be up to 
                100 percent, at the discretion of the State, if the 
                protective feature is an economically justified 
                improvement to mitigate the risk of recurring damage or 
                the cost of future repair from extreme weather, 
                flooding, and other natural disasters.
                    ``(B) Protective features described.--A protective 
                feature referred to in subparagraph (A) may include--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways in a floodplain 
                        to higher ground above projected 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 spur dikes;
                            ``(xiv) the use of natural infrastructure 
                        to mitigate the risk of recurring damage or the 
                        cost of future repair from extreme weather, 
                        flooding, and other natural disasters; and
                            ``(xv) any other features that mitigate the 
                        risk of recurring damage or the cost of future 
                        repair as a result of extreme weather, 
                        flooding, and other natural disasters, as 
                        determined by the Secretary.''.

SEC. 4. EMERGENCY RELIEF.

    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 reconstruction of a bridge that has been 
permanently closed to all vehicular traffic by the State or responsible 
local official because of imminent danger of collapse due to a 
structural 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 following:
                            ``(ii) incorporates economically 
                        justifiable improvements designed to mitigate 
                        the risk of recurring damage from extreme 
                        weather, flooding, and other natural 
                        disasters.'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Protective features.--
                    ``(A) In general.--The cost of an improvement that 
                is part of a project under this section shall be an 
                eligible expense under this section if the improvement 
                is a protective feature that is economically justified 
                to mitigate the risk of recurring damage or the cost of 
                future repair from extreme weather, flooding, and other 
                natural disasters.
                    ``(B) Protective features described.--A protective 
                feature referred to in subparagraph (A) may include--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways in a floodplain 
                        to higher ground above projected 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 spur dikes;
                            ``(xiv) the use of natural infrastructure 
                        to mitigate the risk of recurring damage or the 
                        cost of future repair from extreme weather, 
                        flooding, and other natural disasters; and
                            ``(xv) any other features that mitigate the 
                        risk of recurring damage or the cost of future 
                        repair as a result of extreme weather, 
                        flooding, and other natural disasters, as 
                        determined by the Secretary.''.
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