Sec. 1311. Reconnecting neighborhoods program
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The Secretary of Transportation shall establish a reconnecting neighborhoods program under which an eligible entity may apply for funding in order to identify, remove, replace, retrofit, or remediate the effects from eligible facilities and restore or improve connectivity, mobility, and access in disadvantaged and underserved communities, including— studying the feasibility and impacts of removing, retrofitting, or remediating the effects on community connectivity from an existing eligible facility; conducting preliminary engineering and final design activities for a project to remove, retrofit, or remediate the effects on community connectivity from an existing eligible facility; conducting construction activities necessary to carry out a project to remove, retrofit, or remediate the effects on community connectivity from an existing eligible facility; and ensuring any activities carried out under this section— focus on improvements that will benefit the populations impacted by or previously displaced by the eligible facility; and emphasize equity by garnering community engagement, avoiding future displacement, and ensuring local participation in the planning process.
The Secretary may award a planning grant or a capital construction grant to— a State; a unit of local government; an Indian Tribe or Tribal organization; a territory; a metropolitan planning organization; a transit agency; a special purpose district with a transportation function; and a group of entities described in this paragraph. An eligible entity may enter into an agreement with the following entities to carry out the eligible activities under this section: A nonprofit organization.
An institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), including historically black colleges and universities, defined as the term Predominantly Black institution is defined in section 371(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(c) ). The Secretary may award grants (referred to in this section as a planning grants ) to carry out planning activities described in paragraph (2). The planning activities referred to in paragraph
(1)are— planning studies to evaluate the feasibility of removing, retrofitting, or remediating an existing eligible facility to restore community connectivity, including evaluations of— current traffic patterns on the eligible facility proposed for removal, retrofit, or remediation and the surrounding street network; the capacity of existing transportation networks to maintain mobility needs; an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; the effect of the removal, retrofit, or remediation of the eligible facility on the mobility of freight and people; the effect of the removal, retrofit, or remediation of the eligible facility on the safety of the traveling public; the cost to remove, retrofit, or remediate the eligible facility— to restore community connectivity; and to convert the eligible facility to a roadway design or use that increases safety, mobility, and access for all users, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; and the community impacts and equity analyses of retaining or reconstructing the eligible facility on the surrounding communities, including— the demographic breakdown of the impacted community by race and socioeconomic status; and the displacement or disconnection that occurred within the community as a result of the existing facility; public engagement activities to provide opportunities for public input into a plan to remove, replace, retrofit, or remediate the effects from an eligible facility, including— building organizational or community capacity to, and educating community members on how to, engage in and contribute to eligible planning activities described in subsection (c)(2); identifying community needs and desires for community improvements and developing community driven solutions in carrying out eligible planning activities described in subsection (c)(2); conducting assessments of equity, mobility and access, environmental justice, affordability, economic opportunity, health outcomes, and other local goals to be used in carrying out eligible planning activities described in subsection (c)(2); and forming a community advisory board in accordance with subsection (d)(7); other transportation planning activities required in advance of a project to remove, retrofit, or remediate an existing eligible facility to restore community connectivity, as determined by the Secretary; evaluating land use and zoning changes necessary to improve equity and maximize transit-oriented development in connection with project eligible for a capital construction grant, including activities eligible under section 5327 of title 49, United States Code; and establishment of anti-displacement and equitable neighborhood revitalization strategies in connection with project eligible for a capital construction grant, including establishment of a community land trust for land acquisition, land banking, and equitable transit-oriented development. The Secretary may provide technical assistance described in subparagraph
(B)to an eligible entity. The technical assistance referred to in subparagraph
(A)is technical assistance in building organizational or community capacity— to conduct transportation planning; and to identify innovative solutions to challenges posed by existing eligible facilities, including reconnecting communities that— are bifurcated by eligible facilities; or lack safe, reliable, and affordable transportation choices. The Secretary shall— solicit applications for— planning grants; technical assistance under paragraph (3); and the activities would benefit populations impacted by or previously displaced by an eligible facility; and evaluate applications for a planning grant on the basis of the demonstration by the applicant that— the eligible facility— creates barriers to mobility, access, or economic development; or is not justified by current and forecast future travel demand; and on the basis of preliminary assessment into the feasibility of removing, retrofitting, or remediating the eligible facility to restore community connectivity, and increase safety, mobility, and access for all users, further planning activities are necessary and likely to be productive. A planning grant may not exceed $2,000,000 for any recipient. The total Federal share of the cost of a planning activity for which a planning grant is used may not exceed 80 percent. The Secretary may award grants (referred to in this section as a capital construction grants ) to eligible entities to carry out eligible projects described in paragraph (3). In the case that the owner of an eligible facility that is the subject of the capital construction grant is not an eligible entity, an eligible entity shall demonstrate the existence of a partnership with the owner of the eligible facility. A project eligible to be carried out with a capital construction grant includes the following: The removal, retrofit, or remediation of the effects on community connectivity from of an eligible facility, including a project to deck over a limited-access highway or other eligible facility. The replacement of an eligible facility with a new facility that— restores community connectivity; employs context sensitive solutions appropriate for the surrounding community; and is otherwise eligible for funding under title 23, United States Code. Support for community partnerships, including a community advisory board described under paragraph (7), in connection with a capital construction grant awarded under this subsection. Other activities required to remove, replace, retrofit, or remediate an existing eligible facility, as determined by the Secretary. The Secretary shall— solicit applications for capital construction grants; evaluate applications on the basis of— the degree to which the project will improve mobility and access through the removal of barriers; the appropriateness of removing, retrofitting, or remediating the effects on community connectivity from the eligible facility, based on current traffic patterns and the ability of the project and the regional transportation network to absorb transportation demand and provide safe mobility and access; the impact of the project on freight movement; the results of a cost-benefit analysis of the project; the extent to which the grantee has plans for inclusive economic development in place, including the existing land use and whether the zoning provides for equitable and transit-oriented development of underutilized land; the degree to which the eligible facility is out of context with the current or planned land use; the results of any feasibility study completed for the project; whether the eligible facility is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; whether the project is consistent with the relevant long-range transportation plan and included in the relevant statewide transportation improvement program; whether the project is consistent with, and how the project would impact, the relevant transportation performance management targets; and the extent to which the project benefits populations impacted by or previously displaced by the eligible facility; ensure that the project has conducted sufficient community engagement, such as the activities described in subsection (c)(2)(B); and ensure that the jurisdiction in which the eligible facility is located has an anti-displacement policy or a community land trust in place. A capital construction grant shall be in an amount not less than $5,000,000 for each recipient. Subject to subparagraph (B), the Federal share of the total cost of a project carried out using a capital construction grant may not exceed 80 percent. Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded. To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which, if formed, shall— facilitate community engagement with respect to the project; and track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of— the community, including residents in the immediate vicinity of the project; owners of businesses that serve the community; labor organizations that represent workers that serve the community; State and local government; and private and non-profit organizations that represent local community development. The community advisory board shall be representative of the community served by the project. In selecting recipients of planning grants, capital construction grants, and technical assistance under this section, the Secretary shall give priority to— an application from a community that is economically disadvantaged, including an environmental justice community, an underserved community, or a community located in an area of persistent poverty (as such term is defined in section 101 of title 23, United States Code); and an eligible entity that has— entered into a community benefits agreement with representatives of the community or formed a community advisory board under paragraph
(7)of subsection (d); demonstrated a plan for employing residents in the area impacted by the activity or project through targeted hiring programs; and demonstrated a plan for improving transportation system access. Of amounts made available to carry out this section, the Secretary may set aside not more than $5,000,000 in each fiscal year for the costs of administering the program under this section. Of amounts made available to carry out this section, the Secretary may set aside not more than $5,000,000 in each fiscal year to provide technical assistance to eligible entities under subsection (c)(3). Not later than 2 years after the date of enactment of this Act, 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 a report that— identifies and creates an online mapping tool showing any examples of potential projects to remove eligible facilities, and assesses the potential impacts of carrying out such projects; and assesses projects funded under subsection
(d)to provide best practices. In this section: The term anti-displacement policy means a policy that limits the displacement of low-income, disadvantaged, and underserved communities from neighborhoods due to new investments in housing, businesses, and infrastructure. The term community land trust means a nonprofit organization established or with the responsibility, as applicable— to develop the real estate created by the removal or capping of an eligible facility; and to carry out anti-displacement or community development strategies, including— affordable housing preservation and development; homeownership and property improvement programs; the development or rehabilitation of park space or recreation facilities; and community revitalization and economic development projects. The term eligible facility means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. In this section, the term eligible facility may include— a limited access highway; a railway; a viaduct; a principal arterial facility; or any other transportation facility for which the high speeds, grade separation, or other design factors create an obstacle to connectivity.
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