Sec. 1203. Emergency relief
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Section 125 of title 23, United States Code, is amended— in subsection (a)(1) by inserting wildfire, after severe storm, ; by striking subsection (b); in subsection (c)(2)(A) by striking in any 1 fiscal year commencing after September 30, 1980, and inserting in any fiscal year ; in subsection (d)— in paragraph (3)(C) by striking subsection (e)(1) and inserting subsection
(g); by redesignating paragraph
(3)as paragraph (4); and by striking paragraphs
(1)and
(2)and inserting the following: The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter. No funds shall be expended from the emergency fund authorized by this section unless— an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure. The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility unless the Secretary determines that the project incorporates economically justified betterments, including protective features to increase the resilience of the facility. In no case shall funds be used under this section 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; or if a construction phase of a replacement structure is included in the approved statewide transportation improvement program at the time of an event described in subsection (a). ; in subsection (e)— by striking paragraph (1); in paragraph
(2)by striking subsection (d)(1) and inserting subsection (c)(1) ; and by redesignating paragraphs
(2)and (3), as amended, as paragraphs
(1)and (2), respectively; by redesignating subsections
(c)through (g), as amended, as subsections
(b)through (f), respectively; and by adding at the end the following: Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of— the date on which the Governor declared the emergency, as described in subsection (d)(2)(A)(i); or the date on which the President declared the emergency to be a major disaster, as described in such subsection. If the Secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension. The Secretary shall establish a predisaster mitigation program for the purpose of mitigating future hazards posed to Federal-aid highways. Every 6 months, the Secretary shall total the amount of funds made available to each State, territory, Tribal or other eligible entity under the emergency relief program under this section during the preceding 6 months and remit an additional 5 percent from the Highway Trust Fund to such entities for eligible activities described in paragraph (3). Funds made available under paragraph
(2)shall be used for mitigation projects and activities that the Secretary determines are cost effective and which substantially reduce the risk of, or increase resilience to, future damage as a result of natural disasters, including by flood, hurricane, tidal wave, earthquake, severe storm, or landslide, by upgrading existing assets to meet or exceed design standards adopted by the Federal Highway Administration by— relocating or elevating roadways; increasing the size or number of drainage structures, including culverts; installing mitigation measures to prevent the impairment of transportation assets as a result of the intrusion of floodwaters; improving bridges to expand water capacity and prevent flooding; deepening channels to prevent asset inundation and improve drainage; improving strength of natural features adjacent to highway right-of-way to promote additional flood storage; installing or upgrading tide gates and flood gates; stabilizing slide areas or slopes; installing seismic retrofits for bridges; adding scour protection at bridges; adding scour, stream stability, coastal, or other hydraulic countermeasures, including riprap; installing intelligent transportation system equipment to monitor infrastructure quality; and any other protective features as determined by the Secretary. The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing— a description of the activities carried out under the pilot program; an evaluation of the effectiveness of the pilot program in meeting purposes descried in paragraph (1); policy recommendations to improve the effectiveness of the pilot program. Not later than 90 days after the date of enactment of the INVEST in America Act , the Secretary shall— revise the emergency relief manual of the Federal Highway Administration— to include and reflect the definition of the term resilience (as defined in section 101(a)); to identify procedures that States may use to incorporate resilience into emergency relief projects; and to encourage the use of context sensitive design principles and consideration of access for moderate- and low-income families impacted by a declared disaster; develop best practices for improving the use of resilience in— the emergency relief program under section 125; and emergency relief efforts; provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and develop and implement a process to track— the consideration of resilience as part of the emergency relief program under section 125; and the costs of emergency relief projects. In this section: The term comparable facility means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life. The term construction phase means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program. The term open to public travel means with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road— is maintained; is open to the general public; and can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration. The term standard passenger vehicle means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground. . On the date that is 5 years after the date of enactment of this Act, the authority provided under section 125(h) of title 23, United States Code, shall terminate. Section 201(c)(8)(A) of title 23, United States Code, is amended by striking section 125(e) and inserting section 125(g) . Section 202(b)(6)(A) of title 23, United States Code, is amended by striking section 125(e) and inserting section 125(d) . Section 668.105(h) of title 23, Code of Federal Regulations, is repealed.
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Sec. 1203
Emergency relief
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