Sec. 110003. Neighborhood access and equity grants
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In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any funds in the Treasury not otherwise appropriated, $3,950,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration— for grants to eligible entities described in subsection
(b)to improve walkability, safety, and affordable transportation access through construction (as such term is defined in section 101 of title 23, United States Code) of projects that are context sensitive— to remove, remediate, or reuse a facility described in subsection (c)(1); to replace a facility described in subsection (c)(1) with a facility that is at-grade or lower speed; to retrofit or cap a facility described in subsection (c)(1); to build or improve complete streets, multiuse trails, regional greenways, or active transportation networks or spines; or to provide affordable access to essential destinations, public spaces, or transportation links and hubs; for mitigation grants to eligible entities described in subsection
(b)to remediate negative impacts on the human or natural environment resulting from a facility described in subsection (c)(2) in a disadvantaged or underserved community, including construction (as such term is defined in section 101 of title 23, United States Code) of— noise barriers to reduce impacts resulting from a facility described in subsection (c)(2); technologies, infrastructure, and activities to reduce surface transportation-related air pollution, including greenhouse gas emissions; infrastructure or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection (c)(2), including through natural infrastructure and pervious, permeable, or porous pavement; infrastructure and natural features to reduce, or to mitigate, urban heat island hot spots in the transportation right of way or on surface transportation facilities; or safety improvements for vulnerable road users; and for grants to eligible entities described in subsection
(b)for planning and capacity building activities in disadvantaged or underserved communities to— identify, monitor, or assess local and ambient air quality, emissions of transportation greenhouse gases, hot spot areas of extreme heat or elevated air pollution, gaps in tree canopy coverage, or flood prone locations; assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements; conduct predevelopment activities for projects eligible under this subsection; expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities; or administer or obtain technical assistance related to activities described in this subsection. An eligible entity referred to in subsection
(a)is— a State (as such term is defined in section 101 of title 23, United States Code); a unit of local government; a political subdivision of a State (as such term is defined in section 101 of title 23, United States Code); a recipient of funds under section 202 of title 23, United States Code; a territory of the United States; a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); or with respect to a grant described in subsection (a)(3), in addition to an eligible entity described in paragraphs
(1)through (6), a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs
(1)through (6). A facility is— a surface transportation facility for which high speeds, grade separation, or other design factors create an obstacle to connectivity within a community; or a surface transportation facility which is a source of air pollution, noise, stormwater, or other burden to a disadvantaged or underserved community. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any funds in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for— guidance, technical assistance, templates, training, or tools to facilitate efficient and effective contracting, design, and project delivery by units of local government; subgrants to units of local government to build capacity of such local government to assume responsibilities to deliver surface transportation projects; and operations and administration of the Federal Highway Administration. The Administrator shall provide grants to eligible entities described in subsection
(b)that submit an application to the Administrator at such time, in such manner, and containing such information as the Administration requires. Not less than $1,580,000,000 of funds made available under subsection
(a)shall be distributed for projects in communities that— are economically disadvantaged, including an underserved community or a community located in an area of persistent poverty; have entered or will enter into a community benefits agreement with representatives of the community; have an anti-displacement policy, a community land trust, or a community advisory board in effect; or have demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section. Amounts made available under subsection
(a)shall be administered as if made available under chapter 1 of title 23, United States Code, and a project carried out under this section shall be treated as a project on a Federal-aid highway under such chapter. Funds made available under subsection
(a)administered by or through a State department of transportation shall be expended in compliance with the requirements of part 26 of title 49, Code of Federal Regulations. The Federal share of the cost of an activity carried out using a grant awarded under this section shall be not more than 80 percent, except that the Federal share of the cost of a project in a disadvantaged or underserved community may be up to 100 percent. Funds made available under this section shall not— be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways; and be used for a project for additional through travel lanes for single-occupant passenger vehicles.