HR 8653
ADAPT Assets Act
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Bill overview
The ADAPT Assets Act creates a grant program within the Department of Transportation to fund demonstration projects that enhance the resilience of critical transportation infrastructure to natural hazards. This program, called the Accelerating Demonstration Approaches for Protecting Transportation Assets Program, will provide up to $2 billion annually to eligible entities like metropolitan planning organizations, states, and tribal governments. The goal is to encourage innovative approaches to protecting transportation assets from damage caused by extreme weather and disasters.
Key provisions
- Establishes a competitive grant program for resilience demonstration projects.
- Eligible applicants include MPOs, states, local governments, public transportation agencies, ports, and tribal governments.
- Grants can be used for predevelopment activities, capital construction, and protective features.
- Projects must demonstrate regional partnerships and readiness to proceed.
- Multiyear grant agreements are possible for larger projects.
- The Federal share of project costs cannot exceed 80 percent.
- A dashboard will be created to publicly track project progress and information.
- Requires an interagency working group to evaluate program effectiveness and make recommendations for scaling.
Who is affected
- State and local governments
- Transportation agencies
- Tribal governments
- Port authorities
- Metropolitan planning organizations
Notable changes
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119th CONGRESS — 2d Session
H. R. 8653
IN THE HOUSE OF REPRESENTATIVES
A BILL
To direct the Secretary of Transportation to establish a grant program for demonstration projects that make critical transportation infrastructure resilient to natural hazards, and for other purposes.
This Act may be cited as the Accelerating Demonstration Approaches for Protecting Transportation Assets Act ADAPT Assets Act
or the
.
The Secretary of Transportation shall establish and carry out a competitive grant program, to be known as the Accelerating Demonstration Approaches for Protecting Transportation Assets Program
(in this section referred to as the Program
), to provide up to 10 grants to eligible applicants for demonstration projects that make critical transportation infrastructure resilient to natural hazards.
An eligible applicant under the Program is—
a metropolitan planning organization (as defined in section 134 of title 23, United States Code);
a State;
a unit of local government;
a public transportation agency or authority;
a port or public toll authority that owns or operates eligible transportation assets;
a Tribal government; or
a consortium of 2 or more entities described in paragraphs (1) through (5), including a consortium led by a metropolitan planning organization, so long as the applicants demonstrate a regional partnership and governance structure for project delivery.
To be eligible for a grant under the Program, an eligible applicant shall submit to the Secretary an application at such time and containing such information as the Secretary may require.
In selecting projects under the Program, the Secretary shall consider, at a minimum, the extent to which the project—
addresses existing or predicted recurring damage or asset failure of a high-risk transportation asset or corridor based on documented exposure to hazard risk;
provides transportation system benefits, including preserving or enhancing regional or statewide mobility, economy, goods movement, safety, and emergency response access;
provides additional benefits, including enhancing resilience of adjacent communities, the environment, and other critical infrastructure;
is consistent with a resilience improvement plan authorized under this Act;
demonstrates readiness to proceed, including through—
demonstrating that it is supported by a regional partnership and governance plan that identifies roles, responsibilities, and decision-making processes across affected facility owners, land owners, funders, jurisdictions; and modes; and
completion of planning activities carried out in a manner consistent with section 168 of title 23, United States Code, or other key predevelopment milestones, or a credible schedule to complete such milestones; and
advances innovation and replicability, including approaches that can be scaled by other regions.
Funds provided by a grant under the Program may be used for—
predevelopment activities, including data collection, engineering and design, environmental review, permitting, right-of-way activities, and procurement planning; and
capital construction and implementation activities to harden or adapt transportation assets, including—
levees, including engineered levees and levees utilizing natural infrastructure; and
other resilience improvements that are functionally connected to making an eligible transportation asset more resilient to extreme weather, natural hazards, and disaster risks.
To be eligible for funding under a multiyear grant agreement described in paragraph (1), the project or suite of projects shall—
have an estimated total cost of not less than $500,000,000, except that the Secretary may reduce such threshold for Tribal applicants, rural regions, or insular areas; and
involve delivery challenges or institutional, regulatory, or funding barriers that are not routinely addressed through existing surface transportation programs and, if successfully resolved through the demonstration, would provide a replicable model for other projects.
To be considered eligible under paragraph (2)(B), the barriers described in such paragraph shall include 1 or more of the following:
Multiowner or multioperator governance and delivery structures.
Integration of natural or nature-based infrastructure into transportation projects subject to Federal environmental review or permitting.
Resilience investments located outside the transportation right-of-way that reduce risk to an eligible transportation asset.
Projects that protect or enhance transportation assets while also benefitting communities and other critical infrastructure systems.
Projects requiring coordinated funding across two or more Federal departments.
The Federal share of the cost of a project carried out with a grant under this section may not exceed 80 percent.
Other Federal funds may be used to satisfy the non-Federal share only to the extent specifically provided for under the law authorizing the use of such Federal funds.
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall publish a notice of funding opportunity for grants under the Program.
In carrying out the Program, the Secretary shall coordinate with other Federal departments and agencies, including the Environmental Protection Agency, Federal Emergency Management Agency, Department of Interior, Department of Commerce, and U.S. Army Corps of Engineers, to ensure Federal activities related to resiliency and Federal funding are streamlined and coordinated to allow for comprehensive solutions across Federal agencies to mitigate impacts from natural hazards on infrastructure, the economy, and the United States population.
A grant under this section may be used in combination with funds made available under other provisions of law administered by the Department of Transportation, including funds for formula, discretionary, and emergency relief programs.
In carrying out this section, the Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard containing the following information for each project in a grant agreement under this section:
Project name.
Project sponsor.
City or urbanized area and State in which the project will be located.
Project type.
Anticipated total project cost.
Anticipated share of project costs to be sought under this section.
Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Date on which the project entered the project development phase.
Date on which the project entered the engineering phase, if applicable.
Status of the project sponsor in securing non-federal matching funds.
Date on which a project grant agreement is anticipated to be executed.
The Secretary shall update the information provided under subparagraph (A) not less frequently than monthly.
The Secretary shall continue to make profiles for projects that are receiving assistance under this section publicly available in an easily identifiable location on the website of the Department of Transportation.
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an interagency working group to develop and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report not later than 4 years after the date of enactment of this Act, and every 2 years thereafter that—
describes projects selected and funded under the Program;
evaluates program outcomes and best practices;
provides recommendations regarding whether and how to scale the Program; and
annual maintenance costs necessary for the upkeep of the project’s components;
risk to structures and infrastructure mitigated by the project;
level of protection provided by the project;
historical damage at the project location;
information on the benefitting area of the project; and
additional data, as applicable.
There are authorized to be appropriated to carry out this section $2,000,000,000 for each of fiscal years 2027 through 2031, to remain available until expended, of which not more than 2 percent may be used for administrative expenses and technical assistance.
In this section:
The term eligible transportation asset
means—
a highway project eligible for assistance under title 23, United States Code;
a public transportation facility or service eligible for assistance under chapter 53 of title 49, United States Code; or
a port facility, including a facility that—
connects a port to other modes of transportation;
improves the efficiency of evacuations and disaster relief; or
aids transportation.
The term region
means—
a multijurisdictional area defined by a consortium of eligible applicants; or
such other area as the Secretary determines appropriate to address transportation system risk at a corridor or system scale.