Sec. 7004. Highway emergency relief and resiliency
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Section 125 of title 23, United States Code, is amended— in subsection (a)(1), by inserting wildfire, sea level rise, after severe storm ; by striking subsection
(b)and inserting the following: 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 Federal, State, Tribal, or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. ; and in subsection (d)— in paragraph (2)(A)— by striking the period at the end and inserting ; and ; by striking a facility that meets the current and inserting the following: a facility that— meets the current ; and by adding at the end the following: incorporates economically justifiable improvements designed and demonstrated to mitigate and reduce the risk of recurring damage from extreme weather events, flooding, or other natural disasters. ; by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively; and by inserting after paragraph
(2)the following: 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 designed and demonstrated to mitigate and reduce the risk of recurring damage, or the cost of future repair, from extreme weather events, flooding, or other natural disasters. A protective feature referred to in subparagraph
(A)may include— raising roadway grades; relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas; stabilizing slide areas; stabilizing slopes; installing riprap; lengthening or raising bridges to increase waterway openings; deepening channels to prevent flooding; increasing the size or number of drainage structures; replacing culverts with bridges or upsizing culverts; repairing or maintaining tide gates; installing seismic retrofits on bridges; adding scour protection at bridges; adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; 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 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 determined by the Secretary. . In this section, the term emergency relief project means a project carried out under the emergency relief program under section 125 of title 23, United States Code. Not later than 90 days after the date of enactment of this 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) of title 23, United States Code); to ensure resilience measures are cost-effective and substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a declared disaster; to identify procedures that States may use to incorporate resilience into emergency relief projects; and to encourage the use of Complete Streets 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 of title 23, United States Code; 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 of title 23, United States Code; and the measurement of risk reduction and costs of emergency relief projects. In carrying out actions pursuant to paragraph (2), the Secretary shall consult with the Administrator of the Federal Emergency Management Agency to ensure resiliency guidance and activities are consistent with and do not conflict with other resiliency and mitigation activities and priorities.