Resilience in the Infrastructure Investment and Jobs Act (IIJA)

DC Transporatation

 

How is resilience incorporated in the Infrastructure Investment and Jobs Act (IIJA)?


The Infrastructure Investment and Jobs Act (IIJA) (H.R. 3684, also known as the Bipartisan Infrastructure Law) was signed into law on November 15, 2021 and provides historic levels of investment for infrastructure — $550 billionSee footnote 1 in new spending over five years and $650 billion for existing programs, totaling $1.2 trillion.See footnote 2 The law creates many opportunities for states, tribes, and local governments to invest those funds in equitable, climate-smart infrastructure. For example, IIJA includes new funded programs designed to help reduce emissions and build resilience in the transportation sector, as well as better integration of climate change into existing program purposes and goals.

The Georgetown Climate Center (GCC) has examined IIJA for its potential to foster investments that can build resilience in states and communities and to reduce greenhouse gas emissions. The sections that follow here focus on opportunities that IIJA provides to states, local governments, tribes, coalitions, and other entities to integrate resilience into federally-funded planning, design, and other activities relating to infrastructure. 

Using the navigation pane to the right, the analysis is first presented to show how resilience is integrated into different new and existing funding and other programs, with this analysis organized by sector (e.g., transportation, energy, emergency preparedness). GCC has also begun researching additional questions related to IIJA to further inform state, regional, local, and tribal governments; for example, which IIJA programs present opportunities for regional collaboratives or networks to coordinate and secure funding for resilience-building activities, and which IIJA programs can support managed retreat. Please email climate@georgetown.edu with any questions or comments.

What funding opportunities does IIJA offer for building resilience across sectors?


Resilience Funding Overview 

The White House has stated that “over $50 billion” in IIJA is dedicated to resilience.See footnote 3 However, this figure understates how much IIJA money can actually be used for resilience and climate adaptation. 

IIJA contains programs — such as the Department of Transportation’s (DOT) Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) Program, the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities Program (BRIC), and the Department of Energy’s (DOE) Preventing Outages and Enhancing the Resilience of the Electric Grid Program — that have the term “resilience” in the program title and are clearly targeted at building resilience to the impacts of climate change and extreme weather events. 

Other major formula funding programs — such as DOT’s National Highway Performance Program do not explicitly refer to resilience in the title, but are better integrating resilienceSee footnote 4 into the program purposes and eligibility as a result of IIJA. 

There are also programs — such as the National Oceanic and Atmospheric Administration’s (NOAA) Community-Based Restoration Projects, DOE’s Weatherization Assistance Program, and the Department of Health and Human Services’s Low Income Home Energy Assistance Program — whose program titles and listed purposes do not explicitly mention building resilience, but the program’s effect will build resilience. 

Importantly, across implementation of all of IIJA, Executive Order 14052, signed by President Biden on November 15, 2021, requires federal agencies to prioritize “building infrastructure that is resilient and that helps combat the crisis of climate change.”See footnote 5

Resilience money is allocated for specific investments in transportation, waste management, flood, wildfire, drought, coastal communities, ecosystem restoration, heat, building infrastructure, and more. However, all of the funding that IIJA provides must be used to build resilient infrastructure that can withstand the increasing and now often compounded natural hazards occurring across the country. At the Georgetown Climate Center (GCC), we see resilience woven throughout the entirety of IIJA, even if it is not clearly identified as such. Infrastructure by its very nature is intended to be built to last for decades; so it is imperative that as IIJA resources are invested, decisionmakers take into account the longer-term climate risks and vulnerabilities that science shows us are coming. And because climate is affecting every aspect of society, federal and state agencies must approach adaptation and resilience work collaboratively and in partnership with the private sector, non-profits, faith communities and more, working together to leverage all available resources to the benefit of communities particularly disadvantaged communities.

Express resilience funding features of IIJA include:

  • Energy, Buildings, & Development
    • Several new Department of Energy grant programs designed to improve the resilience and reliability of the electric grid and “to enable sustained cost-effective implementation of updated building energy codes.” 
    • Funding to improve recycling programs, to help businesses adopt pollution prevention practices, and for the Low Income Home Energy Assistance Program (LIHEAP).
  • Natural Resources, Ecosystems, & Agriculture
    • Over $3B for programs related to specific important regional ecosystems (e.g., watershed regions) and related programs (e.g., the Coastal Zone Management Program). 
    • Over $8B provided for wildfire management activities across multiple federal agencies (USFS, DOI, USDA, and others) including fuels reduction projects, state and private grants for fuel reduction efforts and fire assistance, restoration efforts, and more.
  • Water Infrastructure
    • Amendments to Section 1459A of the Safe Drinking Water Act (Assistance for Small and Disadvantaged Communities, 42 U.S.C. 300j–19a), which includes requiring the Environmental Protection Agency to create a competitive grant pilot program for underserved communities for projects that assist water public systems. 
    • Historic levels of funding for water infrastructure including for State Revolving Fund programs and a new clean water infrastructure resilience and sustainability grant program administered by EPA.
  • Coastal Protection
    • Over $12 billion for flood mitigation resiliency efforts across multiple federal agencies including Army Corps of Engineers, NOAA, and FEMA.

Resilience Definition

Notably, this is the first time the federal government has put forward a legislative definition of “resilience” in the context of transportation infrastructure and weather events and natural disasters. Now codified in law, IIJA defines “resilience” as:

A project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability— (A)(i) to resist hazards or withstand impacts from weather events and natural disasters; or (ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and (B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.See footnote 6

There is also a new definition of “natural infrastructure.See footnote 7 

The navigation bar on the right-hand side of this page can be used to find out more about resilience funding provided by IIJA in different sectors. These pages will be updated as more information and analysis become available, so be sure to check back over the following weeks and months for the latest developments.

Natural Resources, Ecosystems, & Agriculture

IIJA provides a mix of funding for new and existing programs related to natural resources, ecosystems, and agriculture in addition to creating new requirements for agencies. These programs are administered by the Department of Agriculture (USDA), the Department of the Army, Corps of Engineers—Civil, the Department of the Interior (DOI), and the Environmental Protection Agency (EPA), the National Oceanic and Atmospheric Administration, and the Federal Emergency Management Agency (under the Department of Homeland Security).

Coastal Protection

IIJA provides a mix of funding for new and existing programs and projects related to coastal issues. These programs and projects are administered by the National Oceanic And Atmospheric Administration (NOAA), the Federal Emergency Management Agency (under the Department of Homeland Security), the Environmental Protection Agency, and the Department of the Army Corps of Engineers—Civil.

Preparedness & Emergency Response

IIJA provides a mix of funding for new and existing programs and projects related to preparedness and emergency response. These programs are administered by the Department of the Army Corps of Engineers—Civil, the Federal Emergency Management Agency (FEMA) (under the Department of Homeland Security), and the Department of Energy.

Transportation


IIJA provides a mix of funding for new and existing transportation programs administered by the Department of Transportation (USDOT) in addition to creating new requirements for USDOT. This section highlights the transportation programs and requirements that have resilience features. New USDOT programs include $8.7B for transportation resiliency through the new Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program and $500M for cool pavements, porous pavements, and tree cover expansion through the new Healthy Streets Program. New requirements for USDOT include designating ten regional Centers of Excellence for Resilience and Adaptation and one national Center of Excellence for Resilience and Adaptation.

Existing USDOT formula and emergency relief funding programs are also better integrating resilience into program purposes and eligibility as a result of IIJA. For example, resilience is added as a program purpose of the National Highway Performance Program and eligible activities for the Surface Transportation Block Grant Program now explicitly include protective features that enhance resilience, including natural infrastructure. Additionally, the Nationally Significant Freight and Highway Projects Program is renamed to the Nationally Significant Multimodal Freight and Highway Program to emphasize a more multimodal focus, and freight resilience to natural hazards or disasters is added to the grant consideration factors. IIJA also made clarifications that the Emergency Relief Program may be used to repair damages in areas affected by wildfire, and to make “economically justifiable improvements” that mitigate risk of recurring damage from extreme weather, flooding, or other disasters. Lastly, $7.5B has been given for surface transportation projects that will have significant local or regional impacts through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program, and USDOT has prioritized resilience and equity in its FY 2022 Notice of Funding Opportunity. Thus, the potential for “resilience money” is much larger than the amounts provided in individual programs that directly address resilience, such as PROTECT. Because of the addition of resilience in program purposes and eligibility, aspirationally, all the grants awarded through programs like the National Highway Performance Program could be awarded to resilience projects and be IIJA money dedicated to resilience. 

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.


Grant Programs

National Highway Performance Program 

  • Section 11105, Page 29
  • Agency: Department of Transportation 
  • Description: Resiliency addition to the purpose of the National Highway Performance Program. The program will “provide support for activities to increase the resiliency of the [National Highway System] to mitigate the cost of damages from sea level rise, extreme weather events, flooding, wildfires, or other natural disasters.’’See footnote 8

Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) (New)

  • Section 11405, Page 133
  • Agency: Department of Transportation 
  • Description: The Department of Transportation will establish a formula and competitive grant program for states for resilience improvements for transportation infrastructure. The program includes grants for vulnerability assessments to “current and future weather events and natural disasters and changing conditions” and to protect ‘‘surface transportation assets by making the assets more resilient to current and future weather events and natural disasters.”See footnote 9
  • Funding: Total: $8.7B (Formula Grants: $7.3B, Competitive Grants: $1.4B), $250M for fiscal year 2022, $250M for fiscal year 2023, $300M for fiscal year 2024, $300M for fiscal year 2025, and $300M for fiscal year 2026.
  • Eligible Entities: States or political subdivision of a state, metropolitan planning organizations, units of local government, a special purpose district or public authority with a transportation function, including a port authority, tribes, a federal land management agency that applies jointly with a state or group of states, a multi-state or multijurisdictional group of listed entities. 

Healthy Streets Program (New)

  • Section 11406, Page 147
  • Agency: Department of Transportation 
  • Description: The Department of Transportation will establish a discretionary grant program to provide grants to eligible entities to deploy cool pavements and porous pavements and to expand tree cover. Goals of the program include mitigating urban heat islands, improving air quality, and reducing the extent of impervious surfaces, stormwater runoff and flood risks, and heat impacts to infrastructure and road users.
  • Funding: $500M total, $100M for each of fiscal years 2022 through 2026. 
  • Eligible Entities: States, metropolitan planning organizations, local governments, tribes, nonprofit organizations working in coordination with a listed entity.

Reconnecting Communities Pilot Program (New)

  • Section 11509, Page 160
  • Agency: Department of Transportation 
  • Description: Requires the Secretary of Transportation to “establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity— (1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; (2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and (3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility.”See footnote 10
  • Funding Available
  • Eligible Entities
    • Planning Grants: A State, a unit of local government, a Tribal government, a metropolitan planning organization, and a nonprofit organization. 
    • Capital Construction Grants: Owner of an eligible facility to carry out an eligible project for which all necessary feasibility studies and other planning activities have been completed. 

Invasive Plant Elimination Program (New)

  • Section 11522, Page 176
  • Agency: Department of Transportation 
  • Description: The Department of Transportation will “provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way.”See footnote 11
  • Funding: $50M for each of fiscal years 2022 through 2026. 
  • Eligible Entities: States

Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program

  • Section 21202, Page 243
  • Agency: Department of Transportation 
  • RAISE was previously known as Better Utilizing Investments to Leverage Development (BUILD) and Transportation Investment Generating Economic Recovery (TIGER)
  • Description: Funding for grants for surface transportation projects that have significant local or regional impacts. “The eligibility requirements of RAISE allow project sponsors at the State and local levels to obtain funding for multi-modal, multi-jurisdictional projects that are more difficult to support through traditional DOT programs.”See footnote 12 IIJA revised the list of eligible applicants and applications will “be evaluated on the criteria of mobility and community connectivity.”See footnote 13 USDOT will also “assess projects for universal design and accessibility for travelers, as well as consider how proposals increase mobility for freight and supply chain efficiency.”See footnote 14 USDOT has prioritized resilience and equity in its FY 2022 Notice of Funding Opportunity
  • Funding$7.5B total, $1.5B for each of fiscal years 2022 through 2026. 
  • Eligible Entities: States, the District of Columbia, any territory or possession of the United States, local governments, a public agency or publicly chartered authority established by one or more states, a special purpose district or public authority with a transportation function, including a port authority, tribes or a consortium of tribes, a transit agency, and a multi-state or multijurisdictional group of listed entities.

National Culvert Removal, Replacement, and Restoration Grant Program (New)

  • Section 21203, Page 248
  • Agency: Department of Transportation 
  • Description: The Department of Transportation “shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs.” Projects include those that “improve or restore fish passage for anadromous fish” and regarding weirs, “infrastructure to facilitate fish passage around or over the weir” and ‘‘weir improvements.”See footnote 15
  • Funding: $800M for each of fiscal years 2022 through 2026.

Port Infrastructure Development Program

  • Division J, Title VII, Page 1014
  • Agency: Department of Transportation 
  • Description: Grants for “projects that improve the resiliency of ports to address sea-level rise, flooding, extreme weather events, earthquakes, and tsunami inundation, as well as projects that reduce or eliminate port-related criteria pollutant or greenhouse gas emissions.”See footnote 16
  • Funding: $2.25B to remain available until September 30, 2036.

New Centers of Excellence for Resilience and Adaptation

Transportation Resilience and Adaptation Centers of Excellence (New)

  • Section 13009, Page 214
  • Agency: Department of Transportation
  • Description: The Department of Transportation must establish ten Regional Centers of Excellence for Resilience and Adaptation and one National Center of Excellence for Resilience and Adaptation. The National Center will be the coordinator for the Regional Centers. The Centers will “receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation.”See footnote 17
  • Funding: $500M total, $100M for each of fiscal years 2022 through 2026. 

New Requirements for the Department of Transportation

Stormwater Best Management Practices Reports

  • Section 11521, Page 175
  • Agency: Department of Transportation, Federal Highway Administration 
  • Description: The Administrator of the Federal Highway Administration must “update and reissue” the 2014 and 1997 “best management practices report to reflect new information and advancements in stormwater management.”See footnote 18 The Administrator is also required to update and reissue the reports until the best management practices report is withdrawn or the best management practices reports are incorporated into regulations.

Data Integration Pilot Program (New)

  • Section 13004, Page 201
  • Agency: Department of Transportation
  • Description: Requires the Department of Transportation to provide research, develop models, and “facilitate data integration between the Department of Transportation, the National Weather Service, and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events” and requires the Secretary to “address the safety, resiliency, and vulnerability of the transportation system to disasters.”See footnote 19  
  • Funding: Appropriation from the General Fund, $2.5M for each of fiscal years 2022 through 2026.

Risk and System Resilience

  • Section 25007, Page 421
  • Agency: Department of Transportation 
  • Description: The Department of Transportation must “develop a process for quantifying annual risk in order to increase system resilience with respect to the surface transportation system of the United States by measuring— (1) resilience to threat probabilities by type of hazard and geographical location; (2) resilience to asset vulnerabilities with respect to each applicable threat; and (3) anticipated consequences from each applicable threat to each asset.”See footnote 20 This process must be developed in consultation with federal, state, and local agencies and made available to state, regional, tribal, and local entities for use along with guidance and technical assistance to be provided by USDOT.

Miscellaneous

Extension of Highway Trust Fund Expenditure Authority

  • Section 80101, Page 899
  • DescriptionExtends the Highway Trust Fund’s spending authority from October 1, 2021 to October 1, 2026. 

Energy, Buildings, & Development


Energy infrastructure is the backbone of daily life, and it can be highly susceptible to climate impacts like extreme heat, extreme cold, hurricanes and storms, or other events that cause over-usage and risk damage to transmission equipment. States, tribes, and communities are working to build resilience to these events to keep vital energy flowing through communities at all times.

As stated in GCC's Equitable Adaptation Legal and Policy Toolkit, "[g]overnments and utilities are making significant investments in renewable and clean energy in response to the transformation of the energy system. Investments are being made to modernize the grid, which entails improving transmission infrastructure to make it 'smarter' and more resilient through the use of cutting-edge technologies, equipment, and controls that communicate and work together to deliver electricity more reliably and efficiently. Transforming energy systems can include efforts to protect electric power infrastructure against the impacts of climate change by limiting the frequency and duration of power outages, reducing storm impacts, and restoring service faster when outages occur. These measures can also reduce the output of greenhouse gases (GHG) and pollution by energy systems by introducing more renewable energy. Renewable energy is energy that is collected from renewable resources, which are naturally replenished, such as sunlight, wind, rain, tides, waves, and geothermal heat."

IIJA provides a mix of funding for new and existing energy programs and projects administered by the Department of Energy (DOE), the Department of the Interior, the Environmental Protection Agency, and Department of Health and Human Services (HHS). This section highlights the energy programs that have specific resilience features. For example, IIJA provides $1B for the DOE’s new program, Electric Grid Reliability and Resilience Research, Development, and Demonstration, which is aimed at enhancing regional grid resilience. Regarding existing programs, IIJA provides over $3B for DOE’s long-standing Weatherization Assistance Program and $500M for HHS’s Low Income Home Energy Assistance Program.

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of July 25, 2022.


Grant Programs

Preventing Outages and Enhancing the Resilience of the Electric Grid (New)

  • Section 40101, Page 495
  • Agency: Department of Energy
  • Description: Grants for activities that “reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire” or “increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events.”See footnote 21
  • Funding: $5B for the period of fiscal years 2022 through 2026. 
  • Eligible Entities: An electric grid operator, an electricity storage operator, an electricity generator, a transmission owner or operator, a distribution provider, a fuel supplier, and any other relevant entity, as determined by the Department of Energy. 
  • Does Justice40 Apply?: Yes

Electric Grid Reliability and Resilience Research, Development, and Demonstration (New)

  • Section 40103, Page 500
  • Agency: Department of Energy
  • Description: The Department of Energy “shall establish a program, to be known as the ‘Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency’, to provide, on a competitive basis, Federal financial assistance.”See footnote 22 “The purpose of the program is to coordinate and collaborate with electric sector owners and operators— (A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and (B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis.”See footnote 23
  • Funding: $1B for the period of fiscal years 2022 through 2026. 
  • Eligible Entities: States, a combination of two or more states, tribes, local governments, and a public utility commission. 

Cost-Effective Codes Implementation for Efficiency and Resilience (New)

  • Section 40511, Page 630
  • Agency: Department of Energy 
  • Description: The Department of Energy shall establish a competitive grant program “to enable sustained cost-effective implementation of updated building energy codes.”See footnote 24
  • Funding: $225M for the period of fiscal years 2022 through 2026.
  • Eligible Entities: Relevant state agencies (e.g., state building code agency, state energy office, or tribal energy office) and partnerships (a partnership between an eligible entity and one or more of the following entities: local building code agencies, codes and standards developers, associations of builders and design and construction professionals, Local and utility energy efficiency programs, consumer, energy efficiency, and environmental advocates, and other entities, as determined by the Secretary.)
  • Does Justice40 Apply?: Yes

Weatherization Assistance Program

  • Section 40551, Page 647
  • Agency: Department of Energy
  • Description: Funding for the Department of Energy’s Weatherization Assistance Program, which is established under the Energy Conservation and Production Act. The Weatherization Assistance Program “reduces energy costs for low-income households by increasing the energy efficiency of their homes, while ensuring their health and safety. The program supports 8,500 jobs and provides weatherization services to approximately 35,000 homes every year using DOE funds.”See footnote 25
  • Funding: $3.5B for fiscal year 2022, to remain available until expended.
  • Does Justice40 Apply?: Yes

Energy Efficiency and Conservation Block Grant (EECBG) Program

  • Section 40552, Page 648
  • Agency: Department of Energy 
  • DescriptionThe Energy Efficiency and Conservation Block Grant (EECBG) Program has provided $3.2 billion in grants “to develop, promote, implement, and manage energy efficiency and conservation projects that ultimately created jobs.”See footnote 26 IIJA amends Section 544 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154) to permit EECBG grants to be used for “programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which may include loan programs and performance contracting programs, for leveraging of additional public and private sector funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures.”See footnote 27 
  • Funding: $550M for fiscal year 2022
  • Does Justice40 Apply?: Yes

Abandoned Mine Reclamation Fund Authorization of Appropriations

  • Section 40701, Page 663
  • Agency: Department of the Interior
  • Description: Funding for annual grants for states and tribes for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 
  • Funding: $11.293B for fiscal year 2022, to remain available until expended, for deposit into the Abandoned Mine Reclamation Fund. The Secretary of the Interior shall allocate and distribute amounts made available for grants. 
  • Eligible Entities: States and tribes.
  • Does Justice40 Apply?: Yes

Consumer Recycling Education and Outreach Grant Program; Federal Procurement (New)

  • Section 70402, Page 834 and Division J, Title VI, Page 976
  • Agency: Environmental Protection Agency
  • Description: Competitive grants “to improve the effectiveness of residential and community recycling programs through public education and outreach.”See footnote 28 Grants are “focused on improving material recycling, recovery, management, and reduction.”See footnote 29  
  • Funding: $15M per year for fiscal years 2022 through 2026.
  • Eligible Entities: States, local government, tribes, a Native Hawaiian organization, the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, nonprofit organizations, and public-private partnerships.
  • Does Justice40 Apply?: Yes

Pollution Prevention Program

  • Division J, Title VI, Page 976
  • Agency: Environmental Protection Agency
  • Description: Funding for Section 6605 of the Pollution Prevention Act, which includes the Environmental Protection Agency awarding competitive grants for programs that make technical assistance to businesses and provide training in source reduction techniques.
  • Funding: $100M total, $20M each year for fiscal years 2022 through 2026.
  • Does Justice40 Apply?: Yes

Low Income Home Energy Assistance

  • Division J, Title VII, Page 984
  • Agency: Department of Health and Human Services 
  • Description: Additional money for Low Income Home Energy Assistance Program (LIHEAP)LIHEAP provides “assistance in managing costs associated with home energy bills, energy crises, weatherization and energy-related minor home repairs.”See footnote 30 
  • Funding: $500M total, $100M each year for fiscal years 2022 through 2026.
  • Does Justice40 Apply?: Yes

Other Programs and Projects

Deployment of Technologies to Enhance Grid Flexibility (New)

  • Section 40107, Page 512
  • Agency: Department of Energy
  • Description: Amendment to Section 1306 of the Energy Independence and Security Act of 2007 to include Smart Grid investments that “anticipate and mitigate impacts of extreme weather or natural disasters on grid resiliency.”See footnote 31
  • Funding: $3B for fiscal year 2022, to remain available through September 30, 2026. 

Maintaining and Enhancing Hydroelectricity Incentives (New)

  • Section 40333, Page 595
  • Agency: Department of Energy
  • Description: The Department of Energy will “make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements” related to improving grid resiliency, improving dam safety, and environmental improvements.See footnote 32  
  • Funding: $553,600,000 for fiscal year 2022, to remain available until expended.
  • Does Justice40 Apply?: Yes

Sustainable Manufacturing Initiative (New)

  • Section 40522, Page 639
  • Agency: Department of Energy
  • Description: The Office of Energy Efficiency and Renewable Energy of the Department of Energy will “carry out onsite technical assessments to identify opportunities for” maximizing the energy efficiency of industrial processes and cross-cutting systems, preventing pollution and minimizing waste, improving efficient use of water in manufacturing processes, conserving natural resources, and other relevant goals.See footnote 33

Brownfields 

  • Division J, Title VI, Page 975
  • Agency: Environmental Protection Agency
  • Description: Funding for Brownfields projects in the form of grants, interagency agreements, and program support. This funding is not subject to cost share requirements.
  • Funding: $1.5B total for fiscal years 2022 through 2026. $1.2B for competitive grants, raised grant caps for half of the competitive grant funding to $600M. $300M for categorical grants.
  • Does Justice40 Apply?: Yes

New Requirements for the Department of Energy

Infrastructure Planning for Micro and Small Modular Nuclear Reactors (New)

  • Section 40321, Page 588
  • Agency: Department of Energy
  • Description: The Department of Energy Secretary shall submit “a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro-reactors and small modular reactors.”See footnote 34

Miscellaneous

Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration

  • Division J, Title III, Page 951
  • Agency: Department of Energy
  • Description: Funding for the purchase of power and transmission services. “Western Area Power Administration's goal is to maintain the reliability and safety of its transmission system while managing power delivery costs and meeting our repayment responsibilities. In partnership with affiliated generating agencies and customers, WAPA controls costs, coordinates funding agreements and prioritizes construction and rehabilitation projects.”See footnote 35
  • Funding: $500M 
  • Does Justice40 Apply?: Yes

Natural Resources, Ecosystems, & Agriculture


Natural ecosystems like wetlands, forests, marshes, and grasslands provide significant services that benefit and protect people – natural barriers from storms and flooding, air and water filtration, and acting as carbon sinks to absorb and store carbon, helping mitigate the impacts of climate change. As stated in GCC's Equitable Adaptation Legal & Policy Toolkit, “[i]nvestments in ‘natural resilience,’ referring to the ability of ecosystems and the natural environment to absorb and recover quickly from stresses or disturbances, can also bring many other environmental, social, economic, and health-related” benefits to communities.

IIJA provides a mix of funding for new and existing programs related to natural resources, ecosystems, and agriculture in addition to creating new requirements for agencies. These programs are administered by the Department of Agriculture (USDA), the Department of the Army, Corps of Engineers—Civil, the Department of the Interior (DOI), and the Environmental Protection Agency (EPA), the National Oceanic and Atmospheric Administration, and the Federal Emergency Management Agency (under the Department of Homeland Security). This section highlights the natural resources, ecosystems, and agriculture programs and projects that have resilience features. There are multiple programs funding various wildfire mitigation or risk reduction activities. For example, IIJA provides $2.13B for fiscal years 2022 through 2026 for ecosystem restoration projects and for USDA, in coordination with DOI, to create a collaborative-based, landscape-scale restoration program. IIJA also provides $132M for EPA’s existing National Estuary Program, which protects and restores estuaries.

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of July 25, 2022.


Grant Programs 

State Fire Assistance Grants

  • Division J, Title VI, Page 979
  • Agency: Department of Agriculture 
  • Description: Funding for state fire assistance (SFA) grants. “The SFA program assists state forestry agencies in wildfire response coordination and delivery, compliance with the national safety and training standards that ensure state and local crew deployment to federal fires and other emergency situations, hazard assessments, fuels treatment projects, and public education efforts. Contact your State Forester's office for grant application forms and deadlines.”See footnote 36
  • Funding: $88M 

Volunteer Fire Assistance Grants

  • Division J, Title VI, Page 979
  • Agency: Department of Agriculture 
  • Description: Funding for volunteer fire assistance (VFA) grants. “The VFA program, formerly known as the Rural Community Fire Protection program, is administered by state forestry agencies through 50-50 cost-sharing grants to local fire departments in rural communities. The program's main goal is to provide federal financial, technical, and other assistance in the organization, training, and equipping of fire departments in rural areas with a population of 10,000 or less. Contact your State Forester's office for grant application forms and deadlines.”See footnote 37
  • Funding: $20M 

Programs and Projects

Forest Service Legacy Road and Trail Remediation Program

  • Section 40801, Page 666
  • Agency: Department of Agriculture 
  • Description: Amends the Forest Roads and Trails Act. Adds that the Department of Agriculture must create the Forest Service Legacy Road and Trail Remediation Program that among other things, works to restore passages for fish and other aquatic species and improve the resilience of National Forest System roads, trails, and bridges to extreme weather events, flooding, or other natural disasters.
  • Funding: To the Secretary of Agriculture to carry out Section 8 of the Forest Roads and Trails Act $250M for fiscal years 2022 through 2026. 

Wildfire Risk Reduction

  • Section 40803, Page 669
    • Agencies: Department of Agriculture & Department of the Interior 
    • Description: Funding for activities related to wildfire risk reduction, which includes collaboration under the Collaborative Forest Landscape Restoration Program (section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303)), mechanical thinning and timber harvesting, and wildfire defense grants.
    • Funding: To the Department of the Interior and the Department of Agriculture, acting through the Forest Service. $3,369,200,000 for fiscal years 2022 through 2026. 
  • Division J, Title VI, Pages 965, 966, 980, and 982
    • Department of the Interior, Wildland Fire Management Activities 
      • Description: $1,458,000,000 to remain available until expended: (1) $1.055B to carry out activities as authorized in Section 40803, including fuels management activities ($327M to remain available until expended, for fiscal year 2022, and $182M to remain available until expended, for each of fiscal years 2023 through 2026); (2) $35.6M for each of fiscal years 2022 through 2026 for fuels management activities; and (3) $45M for each of fiscal years 2022 through 2026 for burned area rehabilitation.
    • Department of Agriculture, Wildland Fire Management Activities
      • Description: $2,854,000,000 to remain available until expended: (1) $2.115B for the Department of Agriculture acting through the Forest Service for activities as authorized in Sections 40803 and 40804; (2) $102.8M for each of fiscal years 2022 through 2026 for hazardous fuels management activities; and (3) $45M for each of fiscal years 2022 through 2026 for burned area recovery.
      • Description: For the Department of Agriculture, acting through the Forest Service. $696,200,000 to remain available until expended. To carry out activities as authorized in Section 40803. 
  • Does Justice40 Apply?: Justice40 applies to the "Collaborative Forest Landscape Restoration Program," "Hazardous Fuels Management," and "Reducing Wildfire Risk to Tribes, Underserved, and Socially Vulnerable Communities." 

Ecosystem Restoration

  • Section 40804, Page 677
    • Agencies: Department of Agriculture & Department of the Interior
    • Description: Funding for ecological health restoration projects through various programs, which include grants for voluntary ecosystem restoration projects on private or public land, grants for eradicating invasive species on non-Federal and federal land, and funding for the Department of Agriculture to in coordination with the Department of the Interior, to create a collaborative-based, landscape-scale restoration program. 
    • Funding: To the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, $2.13B for the period of fiscal years 2022 through 2026. 
  • Division J, Title VI, Page 980
    • Description: $2,854,000,000, to remain available until expended of which, $2,115,000,000 for the Department of Agriculture acting through the Forest Service for activities as authorized in Sections 40803 and 40804. 
  • Does Justice 40 Apply?: Justice40 applies to “Ecological Health Restoration Contracts,” “Financial Assistance to Facilities That Purchase and Process Byproducts for Ecosystem Restoration Projects,” “Landscape Scale Restoration Water Quality and Fish Passage,” “Recreation Sites,” Restoration Projects Via States and Tribes,” “Restore Native Vegetation on Federal/Non-Federal Land,” and “Revegetation Effort to Implement National Seed Strategy."

Watershed and Flood Prevention Operations

  • Division J, Title I, Page 922
  • Agency: Department of Agriculture 
  • Description: “The Watershed Protection and Flood Prevention Program helps units of federal, state, local and tribal of government (project sponsors) protect and restore watersheds up to 250,000 acres. This program provides for cooperation between the Federal government and the states and their political subdivisions to work together to prevent erosion; floodwater and sediment damage; to further the conservation development, use and disposal of water; and to further the conservation and proper use of land in authorized watersheds.”See footnote 38
  • Funding: $500M
  • Does Justice40 Apply?: Yes

Watershed Rehabilitation Program

  • Division J, Title I, Page 923
  • Agency: Department of Agriculture 
  • Description: “The Watershed Rehabilitation Program helps project sponsors rehabilitate aging dams that are reaching the end of their design lives. This rehabilitation addresses critical public health and safety concerns. Since 1948, the Natural Resources Conservation Service NRCS has assisted local sponsors in constructing 11,845 dams project dams.”See footnote 39
  • Funding: $118M 
  • Does Justice40 Apply?: Yes

Emergency Watershed Protection Program

  • Division J, Title I, Page 923
  • Agency: Department of Agriculture 
  • Description: Funding “to repair damages to the waterways and watersheds resulting from natural disasters.”See footnote 40 The Emergency Watershed Protection Program “allows communities to quickly protect infrastructure and land from additional flooding and soil erosion.”See footnote 41
  • Funding: $300M

National Estuarine Research Reserve System 

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: Funding “for habitat restoration projects through the National Estuarine Research Reserve System (16 U.S.C. 1456c), including ecosystem conservation pursuant to section 12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456–1).”See footnote 42
  • Funding: $77M

Constructions

  • Division J, Title III, Page 931
  • Agency: Department of the Army, Corps of Engineers—Civil
  • Description: $11,615,000,000 which includes $115M for aquatic ecosystem restoration program under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) and $1.9B for aquatic ecosystem restoration projects.

National Estuary Program

  • Division J, Title V, Page 968
  • Agency: Environmental Protection Agency 
  • Description: Funding for the National Estuary Program, which “is an EPA place-based program to protect and restore the water quality and ecological integrity of estuaries of national significance.”See footnote 43
  • Funding: $132M
  • Does Justice40 Apply?: Yes

New Requirements for Agencies

GAO Study

  • Section 40805, Page 682
  • Description: The U.S. Government Accountability Office (GAO) must complete a study on the effectiveness of United States Forest Service programs designed to reduce wildfire risk and restore ecosystems. The study will be submitted to Congress.
  • Funding: To the Comptroller General of the United States, $800K.

Establishment of Commission

  • Section 70203, Page 824
  • Description: The Department of the Interior, the Department of Agriculture, and the Department of Homeland Security acting through the Federal Emergency Management Agency, must establish a commission that will study and make recommendations to improve preventing and managing wildland fires and rehabilitating land devastated by wildland fires.

Miscellaneous

Reforestation Following Wildfires and Other Unplanned Events

Water Infrastructure


As stated in GCC's Equitable Adaptation Legal & Policy Toolkit, "[c]limate change already is affecting water resources across America and data suggests the change will continue and may accelerate. Frontline communities with increased exposure to environmental pollution are more likely to confront issues related to water quality, for example, exposure to contaminated water through lead poisoning or increased stormwater and flooding affecting the quantity of water. As a result, climate-change-related weather events threaten to aggravate and worsen those existing risks to water quantity and quality. Climate change also “worsens water resource risks that are often disproportionately borne by frontline communities. Frontline populations tend to disproportionately live in areas that have the greatest risk of flooding; they face the greatest financial hurdles obtaining water during shortages or even when supplies are abundant; and they can be most exposed to poor water quality,” which may be “caused by aging infrastructure (e.g., old distribution pipes) that can harm human health.”

IIJA provides a mix of funding for new and existing programs and projects related to water infrastructure. These programs are administered by the Department of the Interior, the Environmental Protection Agency (EPA), and the Department of the Army, Corps of Engineers—Civil. This section highlights the water infrastructure and clean water programs and projects that have resilience features. For example, IIJA provides $100M for grants for projects that improve watershed health, $250M for EPA to establish a competitive grant pilot program for underserved communities for projects that assist public water systems, and $125M for EPA to establish a clean water infrastructure resilience and sustainability grant program.

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of July 25, 2022.


Grant Programs

WaterSMART Grants

  • Section 40901, Page 688
  • Agency: Department of the Interior 
  • Description: “The American West faces serious water challenges. Wide-spread drought, increased populations, aging infrastructure, and environmental requirements all strain existing water and hydropower resources. Adequate and safe water supplies are fundamental to the health, economy, and security of the country. Through WaterSMART, Reclamation will continue to work cooperatively with states, tribes, and local entities as they plan for and implement actions to increase water supply through investments to modernize existing infrastructure and avoid potential water conflicts.”See footnote 45
  • Funding: $400M for WaterSMART grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364). $100M shall be made available for projects that would improve the condition of a natural feature or nature-based feature.
  • Does Justice40 Apply?: Yes

Multi-Benefit Projects to Improve Watershed Health (New)

  • Section 40907, Page 697
  • Agency: Department of the Interior 
  • Description: The Department of the Interior will “establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following: (1) Ecosystem benefits. (2) Restoration of native species. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing. (7) Enhancement of river-based recreation.”See footnote 46
  • Funding: $100M 

Assistance for Small and Disadvantaged Communities Program

  • Section 50104, Page 709
  • Agency: Environmental Protection Agency
  • Description: Amends Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a). Reauthorizes and modifies the program, which provides grants to assist public water systems that serve small and disadvantaged communities.
  • Funding: $70M for fiscal year 2022; $80M for fiscal year 2023; $100M for fiscal year 2024; $120M for fiscal year 2025; $140M for fiscal year 2026.

Drinking Water Infrastructure Risk and Resiliency Program for Small Communities

  • Section 50104, Page 709
  • Agency: Environmental Protection Agency
  • Descriptions: Amends Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a). Reauthorizes the Drinking Water Infrastructure Resilience and Sustainability program. Under the program, grants are awarded to increase resilience to natural hazards. 
  • Funding: $25M for each of fiscal years 2022 through 2026. 

Connection to Public Water Systems: Competitive Grant Program (New)

  • Section 50104, Page 709
  • Agency: Environmental Protection Agency
  • Description: Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a) is amended to require the Environmental Protection Agency to “establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system.”See footnote 47 
  • Funding: $20M for each of fiscal years 2022 through 2026.

State Competitive Grants for Underserved Communities: Competitive Grant Pilot Program (New)

  • Section 50104, Page 709
  • Agency: Environmental Protection Agency
  • Description: Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a) is amended to require the Environmental Protection Agency Administrator to establish State Competitive Grants for Underserved Communities with “criteria that give priority to States with a high proportion of underserved communities” for projects that assist public water systems.See footnote 48 
  • Funding: $50M for each of fiscal years 2022 through 2026.

Operational Sustainability of Small Public Water Systems (New)

  • Section 50106, Page 714
  • Agency: Environmental Protection Agency
  • Description: The Environmental Protection Agency will “establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems.”See footnote 49
  • Funding: $50M for each of fiscal years 2022 through 2026.
  • Eligible Entities: States, local government, a public corporation established by a unit of local government to provide water service, a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system, a tribe that owns or operates a public water system, a nonprofit organization that provides technical assistance to public water systems, and a tribal consortium.

Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program (New)

  • Section 50107, Page 716
  • Agency: Environmental Protection Agency
  • Description: The Environmental Protection Agency will establish the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program and award grants for projects that work towards “increasing resilience to natural hazards and extreme weather events” and “reducing cybersecurity vulnerabilities.”See footnote 50
  • Funding: $50M for each of fiscal years 2022 through 2026. 
  • Eligible Entity: Public water system that serves a community with a population of 10,000 or more. 

Sewer Overflow and Stormwater Reuse Municipal Grants

  • Section 50204, Page 732
  • Agency: Environmental Protection Agency
  • Description: Amends Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301). Reauthorizes and expands the Sewer Overflow and Stormwater Reuse Municipal Grants Program, which provides grants “for critical stormwater infrastructure projects in communities.”See footnote 51
  • Funding: $280M for each of fiscal years 2022 through 2026

Clean Water Infrastructure Resiliency and Sustainability Program (New)

  • Section 50205, Page 734
  • Agency: Environmental Protection Agency
  • Description: The Environmental Protection Agency will establish a clean water infrastructure resilience and sustainability program. Through the program, the Environmental Protection Agency will award grants for “increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities.”See footnote 52
  • Funding: $25M for each of fiscal years 2022 through 2026. 

Centers of Excellence for Stormwater Control Infrastructure Technologies

  • Section 50217, Page 747 
  • Agency: Environmental Protection Agency
  • Description: Competitive grants for establishing and maintaining at least three, but not more than five, Centers of Excellence for New and Emerging Stormwater Control Infrastructure Technologies. The Centers will be located in various regions in the United States. 
  • Funding: $5M for each of fiscal years 2022 through 2026. 

Stormwater Control Infrastructure Project Grants

  • Section 50217, Page 747
  • Agency: Environmental Protection Agency
  • Description: Competitive grants for “stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies.”See footnote 53
  • Funding: $10M for each of fiscal years 2022 through 2026. 

Save Our Seas 2.0 Act 

  • Division J, Title VI, Page 976
  • Agency: Environmental Protection Agency
  • Description: Funding for grants under section 302(a) of the Save Our Seas 2.0 Act, which includes grants for improving local post-consumer materials management and assisting local waste management authorities to improve local waste management systems.  
  • Funding: $55M each year for fiscal years 2022 through 2026. 

Other Programs and Projects

Cooperative Watershed Management Program

  • Section 40901, Page 688
  • Agency: Department of the Interior 
  • Description: “The Cooperative Watershed Management Program (CWMP) contributes to the WaterSMART strategy by providing funding to watershed groups to encourage diverse stakeholders to form local solutions to address their water management needs.”See footnote 54
  • Funding: $100M for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.)

Drought Contingency Plan Funding Requirements

  • Section 40906, Page 696 and Division J, Title III, Page 937
  • Agency: Department of the Interior 
  • Description: Funds for Lower Colorado River Basin projects that “establish or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin” or “to improve the long-term efficiency of operations in the Lower Colorado River Basin.”See footnote 55
  • Funding: $300M for implementing the Colorado River Basin Drought Contingency Plan. $50M for the Upper Colorado River Basin.

Drinking Water State Revolving Loan Funds

  • Section 50102, Page 708 and Division J, Title VI, Pages 971, 972, and 973
  • Agency: Environmental Protection Agency
  • Description: The Drinking Water State Revolving Loan Fund “is a financial assistance program to help water systems and states to achieve the health protection objectives of the” Safe Drinking Water Act.See footnote 56
  • Funding: $11.713B for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act. $15B for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act funds for lead service line replacement projects. $4B for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act that address emerging contaminants. 
  • Does Justice40 Apply?: Yes

Clean Water State Revolving Funds

  • Section 50210, Page 741 and Division J, Title VI, Pages 971 and 973
  • Agency: Environmental Protection Agency
  • Description: “The Clean Water State Revolving Fund (CWSRF) program is a federal-state partnership that provides communities low-cost financing for a wide range of water quality infrastructure projects.”See footnote 57
  • Funding: $11.713B for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act. $1B for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act that address emerging contaminants. 
  • Does Justice40 Apply?: Yes

Flood Control and Coastal Emergencies

  • Division J, Title III, Page 935
  • Agency: Department of the Army, Corps of Engineers—Civil
  • Description: $251M for Flood Control and Coastal Emergencies projects.

Constructions

  • Division J, Title III, Page 931
  • Agency: Department of the Army, Corps of Engineers—Civil
  • Description: $11,615,000,000, which includes:
    • $1.5B for major rehabilitation, construction, and related activities for rivers and harbors
    • $200M for water-related environmental infrastructure assistance
    • $2.5B for construction, replacement, rehabilitation, and expansion of inland waterways projects
    • $2.55B for coastal storm risk management, hurricane and storm damage reduction projects, and related activities targeting states that have been impacted by federally declared disasters over the last six years
    • $200M for shore protection projects
    • $2.5B for inland flood risk management projects
    • Priority for projects that directly benefit economically disadvantaged communities

Miscellaneous 

Aging Infrastructure Account

  • Section 40901, Page 688
  • Agency: Department of the Interior 
  • Description: $3.2B for the Aging Infrastructure Account for “major rehabilitation and replacement activities.”See footnote 58 

Investigations 

  • Division J, Title III, Page 930
  • Agency: Department of the Army, Corps of Engineers—Civil
  • Description: Army Corps of Engineers Investigations for technical assistance and to initiate or complete previously authorized studies. 
  • Funding: $150M 

Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration

  • Division J, Title III, Page 951
  • Agency: Department of Energy
  • Description: Funding for the purchase of power and transmission services. Western Area Power Administration's goal is to maintain the reliability and safety of its transmission system while managing power delivery costs and meeting our repayment responsibilities. In partnership with affiliated generating agencies and customers, WAPA controls costs, coordinates funding agreements and prioritizes construction and rehabilitation projects.”See footnote 59
  • Funding: $500M 
  • Does Justice40 Apply?: Yes

Coastal Protection


As stated in GCC's Managed Retreat Toolkit, “[r]ising sea levels in some areas are causing coastal roads and other public infrastructure to experience more frequent inundation during king tides or even daily high tides, more severe erosion and flooding from coastal storm events, and in some cases inundation or pooling from below that extends further inland as groundwater tables rise. These impacts create public safety hazards and prevent public infrastructure from functioning as intended, as flooded roads cause traffic delays, require detours, and in some cases, temporarily cut off sole access to communities. Roads that have been eroded, washed out, or weakened structurally (e.g., by heightened groundwater tables) can require more frequent and costly maintenance and repairs.” Governments can “prepare public transportation infrastructure assets for coastal impacts of climate change by (1) modifying asset design or adding protective features, (2) relocating or realigning assets, or (3) disinvesting in assets in high-exposure areas.” Moreover, as stated in GCC's Equitable Adaptation Legal & Policy Toolkit, “[i]nvestments in ‘natural resilience,’ referring to the ability of ecosystems and the natural environment to absorb and recover quickly from stresses or disturbances, can also bring many other environmental, social, economic, and health-related” benefits to communities. 

IIJA provides a mix of funding for new and existing programs and projects related to coastal issues. These programs and projects are administered by the National Oceanic And Atmospheric Administration (NOAA), the Federal Emergency Management Agency (under the Department of Homeland Security), the Environmental Protection Agency, and the Department of the Army Corps of Engineers—Civil. This section highlights the coastal programs and projects that have resilience features. IIJA provides funding to existing hazard mitigation programs such as $500M for grants through the Safeguarding Tomorrow through Ongoing Risk Mitigation Act of 2020 (STORM Act). Additionally, money has been allocated for habitat restoration and ecosystem conservation projects through existing NOAA programs such as $207M for the Coastal Zone Management Program and $492M for the National Coastal Resiliency Fund.

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of July 25, 2022.


Programs and Projects

National Coastal Resilience Fund

  • Division J, Title II, Page 927
  • Agency: National Oceanic and Atmospheric Administration
  • Description: The National Coastal Resilience Fund is a partnership between NOAA and the National Fish and Wildlife Foundation. The “Fund restores, increases and strengthens natural infrastructure to protect coastal communities while also enhancing habitats for fish and wildlife.”See footnote 60 The “Fund invests in conservation projects that restore or expand natural features such as coastal marshes and wetlands, dune and beach systems, oyster and coral reefs, forests, coastal rivers and floodplains, and barrier islands that minimize the impacts of storms and other naturally occurring events on nearby communities.”See footnote 61 
  • Funding: $492M

Community-Based Restoration Projects

  • Division J, Title II, Page 927
  • Agency: National Oceanic and Atmospheric Administration
  • Description: For contracts, grants, and cooperative agreements to provide funding and technical assistance for purposes of restoring marine, estuarine, coastal, or Great Lakes ecosystem habitat, or constructing or protecting ecological features that protect coastal communities from flooding or coastal storms.
  • Funding: $491M

Mapping, Observations, and Modeling

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: Funding for “coastal and inland flood and inundation mapping and forecasting, and next-generation water modeling activities, including modernized precipitation frequency and probable maximum studies.”See footnote 62
  • Funding: $492M

National Mesonet Program

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: Funding “for data acquisition activities pursuant to section 511(b) of the Water Resources Development Act of 2020 (division AA of Public Law 116–260),”See footnote 63 which is the National Mesonet Program’s work of installing “a network of soil moisture and plains snowpack monitoring stations, and modification of existing stations, in the Upper Missouri River Basin.”See footnote 64
  • Funding: $8,334,000 shall be available in fiscal year 2023 and $8,333,000 shall be available in each of fiscal years 2024 and 2025. 

Marine Debris Program

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: The Marine Debris Program’s mission “is to investigate and prevent the adverse impacts of marine debris” and “envisions the global ocean and its coasts free from the impacts of marine debris.”See footnote 65
  • Funding: $150M for marine debris assessment, prevention, mitigation, and removal. $50M for marine debris prevention and removal through the National Sea Grant College Program.

Coastal Zone Management Program 

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: Funding “for habitat restoration projects pursuant to section 310 of the Coastal Zone Management Act (16 U.S.C. 1456c), including ecosystem conservation pursuant to section 12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456–1).”See footnote 66 
  • Funding: $207M

National Estuarine Research Reserve System 

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: Funding “for habitat restoration projects through the National Estuarine Research Reserve System (16 U.S.C. 1456c), including ecosystem conservation pursuant to section 12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456–1).”See footnote 67
  • Funding: $77M

Regional Ocean Partnerships 

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: For the “Regional Ocean Partnerships (ROPs) to coordinate the interstate and intertribal management of ocean and coastal resources and to implement their priority actions, including to enhance associated sharing and integration of Federal and non-Federal data by ROPs, or their equivalent.”See footnote 68
  • Funding: $56M

Procurement, Acquisition and Construction

  • Division J, Title II, Page 929
  • Agency: National Oceanic and Atmospheric Administration
  • Description: For “research supercomputing infrastructure used for weather and climate model development to improve drought, flood, and wildfire prediction, detection, and forecasting.”See footnote 69
  • Funding: $80M 

Flood Control and Coastal Emergencies

  • Division J, Title III, Page 935
  • Agency: Department of the Army, Corps of Engineers—Civil
  • Description: Funding for Flood Control and Coastal Emergencies projects. 
  • Funding: $251M

Federal Assistance

  • Division J, Title V, Page 958
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • DescriptionFunding for the STORM Act (Section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5135), for the purposes of “establish[ing] hazard mitigation revolving loan fund programs” that can “fund projects that mitigate natural hazards including wildfires, earthquakes, drought, severe storm events, erosion, storm surges, and high water levels.”See footnote 70 Federal capitalization grants enable local hazard mitigation activities designed to decrease the loss of life and property, insurance costs, and the necessity for future federal disaster relief.See footnote 71
  • Funding: $500M total, $100M each year for fiscal years 2022 through 2026

National Flood Insurance Fund: Flood Mitigation Assistance Program

  • Division J, Title V, Page 959
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • Description: Money from the National Flood Insurance Fund for flood mitigation actions and assistance. “The Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories. Funds can be used for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program.”See footnote 72
  • Funding: $3.5B total, $700,000,000 each year for fiscal years 2022 through 2026.
  • Does Justice40 Apply?: Yes

National Estuary Program

  • Division J, Title V, Page 968
  • Agency: Environmental Protection Agency 
  • Description: Funding for the National Estuary Program, which “is an EPA place-based program to protect and restore the water quality and ecological integrity of estuaries of national significance.”See footnote 73
  • Funding: $132M total, $26,400,000 each year for fiscal years 2022 through 2026.
  • Does Justice40 Apply?: Yes

Save Our Seas 2.0 Act 

  • Division J, Title VI, Page 976
  • Agency: Environmental Protection Agency
  • Description: Funding for grants under section 302(a) of the Save Our Seas 2.0 Act, which includes grants for improving local post-consumer materials management and assisting local waste management authorities to improve local waste management systems.  
  • Funding: $55M each year for fiscal years 2022 through 2026. 

Preparedness & Emergency Response


As stated in GCC's Equitable Adaptation Legal & Policy Toolkit, “[o]ne of the most apparent consequences of climate change is the increase in the frequency and intensity of severe weather-related and disaster events that have already posed — and will continue to pose — significant threats to the health and safety of people and to communities. According to the Federal Emergency Management Agency (FEMA), a disaster event can include natural catastrophes, technological accidents, or human-caused events that have resulted in severe property damage, deaths, and/or multiple injuries. In the case of severe weather events, more and more disasters are no longer just ‘natural’ given anthropogenic influences. Examples of these severe weather events that have been, or are expected to be, exacerbated by climate change include heat waves, hurricane intensity, floods, wildfires, and droughts.” “Governments and communities need ways to respond, recover, and prepare to mitigate future risk.”

IIJA provides a mix of funding for new and existing programs and projects related to preparedness and emergency response. These programs are administered by the Department of the Army Corps of Engineers—Civil, the Federal Emergency Management Agency (FEMA) (under the Department of Homeland Security), and the Department of Energy. This section highlights the preparedness and emergency response programs and projects that have resilience features. IIJA provides funding to existing hazard mitigation programs such as $1B for FEMA’s Building Resilient Infrastructure and Communities (BRIC) Program and $500M for grants through the Safeguarding Tomorrow through Ongoing Risk Mitigation Act of 2020 (STORM Act).

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of July 25, 2022.


Programs & Projects

Flood Control and Coastal Emergencies

  • Division J, Title III, Page 935
  • Agency: Department of the Army, Corps of Engineers—Civil
  • Description: Funding for Flood Control and Coastal Emergencies projects. 
  • Funding: $251M

Federal Assistance

  • Division J, Title V, Page 958
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • Description: Funding for the STORM Act (Section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5135), for the purposes of “establish[ing] hazard mitigation revolving loan fund programs” that can “fund projects that mitigate natural hazards including wildfires, earthquakes, drought, severe storm events, erosion, storm surges, and high water levels.”See footnote 74 Federal capitalization grants enable local hazard mitigation activities designed to decrease the loss of life and property, insurance costs, and the necessity for future federal disaster relief.See footnote 75
  • Funding: $500M total, $100M each year for fiscal years 2022 through 2026

Building Resilient Infrastructure and Communities Program (BRIC)

  • Division J, Title V, Page 959
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • Description: The Building Resilient Infrastructure and Communities (BRIC) Program assists “states, local communities, tribes and territories as they undertake hazard mitigation projects, reducing the risks they face from disasters and natural hazards.”See footnote 76 BRIC provides a consistent source of federal funding for building pre-disaster community resilience.
  • Funding: $1B total, $200M each year for fiscal years 2022-2024
  • Does Justice40 Apply?: Yes

National Flood Insurance Fund: Flood Mitigation Assistance Program

  • Division J, Title V, Page 959
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • Description: Money from the National Flood Insurance Fund for flood mitigation actions and assistance. “The Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories. Funds can be used for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program.”See footnote 77
  • Funding: $3.5B
  • Does Justice40 Apply?: Yes

Tribal Climate Resilience

  • Citation: Division J, Title VI, Page 963
  • Description: Money “for tribal climate resilience, adaptation, and community relocation planning, design, and implementation of projects which address the varying climate challenges facing tribal communities across the country.”See footnote 78
  • Funding: $216M ($43.2M to remain available until expended for each year for fiscal years 2022 through 2026)
    • $130M for community relocation
    • $86M for tribal climate resilience and adaptation projects

Miscellaneous

Hazard Mitigation Using Disaster Assistance

  • Section 40102, Page 500
  • Agency: Department of Energy
  • Description: Amendment to section 404(f)(12) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) to add wildfire to the hazard mitigation program.

What funding opportunities does IIJA provide for regional networks?


Background

As stated in Georgetown Climate Center’s report, Lessons in Regional Resilience, “[t]o address the challenges of regional governance, some local governments have started to work with their neighbors and other organizations through ‘regional climate collaboratives.’ These regional collaboratives take a variety of forms, but typically resemble loose membership networks that may include any mix of local governments; other public agencies, regional authorities, and planning bodies; utilities; universities; nonprofit organizations; and private sector representatives. Most collaboratives have been established on an ad hoc basis; with no legal authority of their own, they aim to build the capacity of the stakeholders in their regions and make recommendations about how local decisionmakers can increase resilience through their own planning, policy, and investment powers.”

Many programs in IIJA that have resilience and adaptation features also have collaborative features. The collaborative features arise in one of two ways: (1) through a program’s list of eligible entities; or (2) the program itself is intended to be a collaborative program.

The Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program is an example of a program that is regionally oriented because of who is eligible to apply for funding:

PROTECT Program

The PROTECT grant program is a new program that requires the Transportation Secretary to establish a formula and competitive grant program for states and other governmental entities to pursue resilience planning and improvements for transportation infrastructure. IIJA provides a total of $8.7B for this program, which is divided into $7.3B for formula grants and $1.4B for competitive grants. 

The collaborative aspect of this program is in the eligible entities. For example, a federal land management agency can apply jointly with a state or group of states, and a multi-state or multijurisdictional group of the listed entities – which include local governments, metropolitan planning organizations, and other authorities with transportation functions – can also apply. Thus, if eligible entities want to foster regional collaboration for this program, it seems possible to do so. 

Conversely, the Electric Grid Reliability and Resilience Research, Development, and Demonstration Program is regionally oriented because the program itself is intended to foster regional collaboration:

The Electric Grid Reliability and Resilience Research, Development, and Demonstration Program 

The Electric Grid Reliability and Resilience Research, Development, and Demonstration Program is also a new program. $1B has been allocated for this program for fiscal years 2022 through 2026. 

As a contrast to PROTECT, this program is regionally oriented because one of the purposes of the program itself is to foster regional and cross-sectoral collaboration. The stated purpose of the program is to coordinate and collaborate with electric sector owners and operators to increase regional grid resiliency. The collaborative intent here also matches with the listed eligible entities for this program, which includes a combination of two or more states, and it also includes tribes, or local governments


Other IIJA Programs with Collaborative Features 

Here is a full list of programs in IIJA with resilience and adaptation focuses that also have collaborative features whether it is in the eligible list of entities or the program’s intent includes regional collaboration. Many of these are newly authorized programs created by IIJA. Visit the other sections to learn more about individual programs.

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of July 25, 2022. 

Department of Transportation

Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) Program (New)

  • Section 11405, Page 133
  • Agency: Department of Transportation 
  • Description: The Department of Transportation will establish a formula and competitive grant program for states for resilience improvements for transportation infrastructure. The program includes grants for vulnerability assessments to “current and future weather events and natural disasters and changing conditions” and to protect ‘‘surface transportation assets by making the assets more resilient to current and future weather events and natural disasters.”See footnote 79
  • Funding: Total: $8.7B (Formula Grants: $7.3B, Competitive Grants: $1.4B), $250M for fiscal year 2022, $250M for fiscal year 2023, $300M for fiscal year 2024, $300M for fiscal year 2025, and $300M for fiscal year 2026.
  • Eligible Entities: States or political subdivision of a state, metropolitan planning organizations, units of local government, a special purpose district or public authority with a transportation function, including a port authority, tribes, a federal land management agency that applies jointly with a state or group of states, a multi-state or multijurisdictional group of listed entities. 
  • Collaborative Feature: The list of eligible entities include a multi-state or multijurisdictional group of listed entities. 

Healthy Streets Program (New)

  • Section 11406, Page 147
  • Agency: Department of Transportation 
  • Description: The Department of Transportation will establish a discretionary grant program to provide grants to eligible entities to deploy cool pavements and porous pavements and to expand tree cover. Goals of the program include mitigating urban heat islands, improving air quality, and reducing the extent of impervious surfaces, stormwater runoff and flood risks, and heat impacts to infrastructure and road users.
  • Funding: $500M total, $100M for each of fiscal years 2022 through 2026. 
  • Eligible Entities: States, metropolitan planning organizations, local governments, tribes, nonprofit organizations working in coordination with a listed entity.
  • Collaborative Feature: Nonprofit organizations can work in coordination with a listed entity. 

Reconnecting Communities Pilot Program (New)

  • Section 11509, Page 160
  • Agency: Department of Transportation 
  • Description: Requires the Secretary of Transportation to “establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity— (1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; (2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and (3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility.”See footnote 80
  • Funding Available
  • Eligible Entities: 
    • Planning Grants: A State, a unit of local government, a Tribal government, a metropolitan planning organization, and a nonprofit organization. 
    • Capital Construction Grants: Owner of an eligible facility to carry out an eligible project for which all necessary feasibility studies and other planning activities have been completed. 
  • Collaborative Feature: For capital construction grants under this program, if applicable, the owner of an eligible facility may partner with a State, unit of local government, Tribal government, metropolitan planning organization, or nonprofit organization.

Transportation Resilience and Adaptation Centers of Excellence (New)

  • Section 13009, Page 214
  • Agency: Department of Transportation
  • Description: The Department of Transportation must establish ten Regional Centers of Excellence for Resilience and Adaptation and one National Center of Excellence for Resilience and Adaptation. The National Center will be the coordinator for the Regional Centers. The Centers will “receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation.”See footnote 81
  • Funding: $500M total, $100M for each of fiscal years 2022 through 2026. 
  • Collaborative Feature: The Centers will be located in various regions. Part of the activities of the Centers includes engaging in regional collaboration.

Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program

  • Section 21202, Page 243
  • Agency: Department of Transportation 
  • RAISE was previously known as Better Utilizing Investments to Leverage Development (BUILD) and Transportation Investment Generating Economic Recovery (TIGER)
  • Description: Funding for grants for surface transportation projects that have significant local or regional impacts. “The eligibility requirements of RAISE allow project sponsors at the State and local levels to obtain funding for multi-modal, multi-jurisdictional projects that are more difficult to support through traditional DOT programs.”See footnote 82 IIJA revised the list of eligible applicants and applications will “be evaluated on the criteria of mobility and community connectivity.”See footnote 83 USDOT will also “assess projects for universal design and accessibility for travelers, as well as consider how proposals increase mobility for freight and supply chain efficiency.”See footnote 84 USDOT has prioritized resilience and equity in its FY 2022 Notice of Funding Opportunity
  • Funding: $7.5B total, $1.5B for each of fiscal years 2022 through 2026. 
  • Eligible Entities: States, the District of Columbia, any territory or possession of the United States, local governments, a public agency or publicly chartered authority established by one or more states, a special purpose district or public authority with a transportation function, including a port authority, tribes or a consortium of tribes, a transit agency, and a multi-state or multijurisdictional group of listed entities.
  • Collaborative Feature: Project intent includes grants for surface transportation projects that will have significant regional impacts. Eligible entities include multi-state or multijurisdictional group of listed entities. USDOT states that “the eligibility requirements of RAISE allow project sponsors at the State and local levels to obtain funding for multi-modal, multi-jurisdictional projects that are more difficult to support through traditional DOT programs.”See footnote 85

Environmental Protection Agency

 Centers of Excellence for Stormwater Control Infrastructure Technologies (New)

  • Section 50217, Page 747 
  • Agency: Environmental Protection Agency
  • Description: Competitive grants for establishing and maintaining at least three, but not more than five, Centers of Excellence for New and Emerging Stormwater Control Infrastructure Technologies. The Centers will be located in various regions in the United States. 
  • Funding: $5M for each of fiscal years 2022 through 2026. 
  • Collaborative Feature: The Centers will be located in various regions and must “collaborate with institutions of higher education and private and public organizations, including community-based public-private partnerships and other stakeholders, in the geographical region in which the center is located” in addition to working “with the other centers to avoid duplication of efforts.”See footnote 86

Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program (New) 

  • Section 50107, Page 716
  • Agency: Environmental Protection Agency
  • Description: The Environmental Protection Agency will establish the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program and award grants for projects that work towards “increasing resilience to natural hazards and extreme weather events” and “reducing cybersecurity vulnerabilities.”See footnote 87
  • Funding: $50M for each of fiscal years 2022 through 2026. 
  • Eligible Entity: Public water system that serves a community with a population of 10,000 or more. 
  • Collaborative Feature: Funds can be used for “the formation of regional water partnerships to collaboratively address documented water shortages.”See footnote 88 

Operational Sustainability of Small Public Water Systems (New)

  • Section 50106, Page 714
  • Agency: Environmental Protection Agency
  • Description: The Environmental Protection Agency will “establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems.”See footnote 89 
  • Funding: $50M for each of fiscal years 2022 through 2026.
  • Eligible Entities: States, local government, a public corporation established by a unit of local government to provide water service, a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system, a tribe that owns or operates a public water system, a nonprofit organization that provides technical assistance to public water systems, and a tribal consortium.
  • Collaborative Feature: The listed eligible entities include cooperative associations.

Department of Energy

Electric Grid Reliability and Resilience Research, Development, and Demonstration (New) 

  • Section 40103, Page 500
  • Agency: Department of Energy
  • Description: The Department of Energy “shall establish a program, to be known as the ‘Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency’, to provide, on a competitive basis, Federal financial assistance.”See footnote 90 “The purpose of the program is to coordinate and collaborate with electric sector owners and operators— (A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and (B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis.”See footnote 91
  • Funding: $1B for the period of fiscal years 2022 through 2026. 
  • Eligible Entities: States, a combination of two or more states, tribes, local governments, and a public utility commission. 
  • Collaborative Feature: The purpose of the program is to coordinate and collaborate with electric sector owners and operators and the listed eligible entities include a combination of two or more states.

Cost-Effective Codes Implementation for Efficiency and Resilience (New) 

  • Section 40511, Page 630
  • Agency: Department of Energy 
  • Description: The Department of Energy shall establish a competitive grant program “to enable sustained cost-effective implementation of updated building energy codes.”See footnote 92
  • Funding: $225M for the period of fiscal years 2022 through 2026.
  • Eligible Entities: Relevant state agencies (e.g., state building code agency, state energy office, or tribal energy office) and partnerships (a partnership between an eligible entity and one or more of the following entities: local building code agencies, codes and standards developers, associations of builders and design and construction professionals, Local and utility energy efficiency programs, consumer, energy efficiency, and environmental advocates, and other entities, as determined by the Secretary.)
  • Does Justice40 Apply?: Yes
  • Collaborative Feature: The listed eligible entities include partnerships. 

Department of the Interior 

Wildfire Risk Reduction 

  • Section 40803, Page 669
    • Agencies: Department of Agriculture & Department of the Interior 
    • Description: Funding for activities related to wildfire risk reduction, which includes collaboration under the Collaborative Forest Landscape Restoration Program (section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303)), mechanical thinning and timber harvesting, and wildfire defense grants.
    • Funding: To the Department of the Interior and the Department of Agriculture, acting through the Forest Service. $3,369,200,000 for fiscal years 2022 through 2026. 
  • Division J, Title VI, Pages 965, 966, 980, and 982
    • Department of the Interior, Wildland Fire Management Activities 
      • Description: $1,458,000,000 to remain available until expended: (1) $1.055B to carry out activities as authorized in Section 40803, including fuels management activities ($327M to remain available until expended, for fiscal year 2022, and $182M to remain available until expended, for each of fiscal years 2023 through 2026); (2) $35.6M for each of fiscal years 2022 through 2026 for fuels management activities; and (3) $45M for each of fiscal years 2022 through 2026 for burned area rehabilitation.
    • Department of Agriculture, Wildland Fire Management Activities
      • Description: $2,854,000,000 to remain available until expended: (1) $2.115B for the Department of Agriculture acting through the Forest Service for activities as authorized in Sections 40803 and 40804; (2) $102.8M for each of fiscal years 2022 through 2026 for hazardous fuels management activities; and (3) $45M for each of fiscal years 2022 through 2026 for burned area recovery.
      • Description: For the Department of Agriculture, acting through the Forest Service. $696,200,000 to remain available until expended. To carry out activities as authorized in Section 40803. 
  • Does Justice40 Apply?: Justice40 applies to the "Collaborative Forest Landscape Restoration Program," "Hazardous Fuels Management," and "Reducing Wildfire Risk to Tribes, Underserved, and Socially Vulnerable Communities." 
  • Collaborative Feature: Funding for the Collaborative Forest Restoration Program.

Ecosystem Restoration

  • Section 40804, Page 677
    • Agencies: Department of Agriculture & Department of the Interior
    • Description: Funding for ecological health restoration projects through various programs, which include grants for voluntary ecosystem restoration projects on private or public land, grants for eradicating invasive species on non-Federal and federal land, and funding for the Department of Agriculture to in coordination with the Department of the Interior, to create a collaborative-based, landscape-scale restoration program. 
    • Funding: To the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, $2.13B for the period of fiscal years 2022 through 2026. 
  • Division J, Title VI, Page 980
    • Description: $2,854,000,000, to remain available until expended of which, $2,115,000,000 for the Department of Agriculture acting through the Forest Service for activities as authorized in Sections 40803 and 40804. 
  • Does Justice 40 Apply?: Justice40 applies to “Ecological Health Restoration Contracts,” “Financial Assistance to Facilities That Purchase and Process Byproducts for Ecosystem Restoration Projects,” “Landscape Scale Restoration Water Quality and Fish Passage,” “Recreation Sites,” Restoration Projects Via States and Tribes,” “Restore Native Vegetation on Federal/Non-Federal Land,” and “Revegetation Effort to Implement National Seed Strategy."
  • Collaborative Feature: Department of Agriculture, in coordination with the Department of the Interior, to create a collaborative-based, landscape-scale restoration program.  

WaterSMART Grants 

  • Section 40901, Page 688
  • Agency: Department of the Interior 
  • Description: “The American West faces serious water challenges. Wide-spread drought, increased populations, aging infrastructure, and environmental requirements all strain existing water and hydropower resources. Adequate and safe water supplies are fundamental to the health, economy, and security of the country. Through WaterSMART, Reclamation will continue to work cooperatively with states, tribes, and local entities as they plan for and implement actions to increase water supply through investments to modernize existing infrastructure and avoid potential water conflicts.”See footnote 93
  • Funding: $400M for WaterSMART grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364). $100M shall be made available for projects that would improve the condition of a natural feature or nature-based feature.
  • Does Justice40 Apply?: Yes
  • Collaborative Feature: The Bureau Reclamation works cooperatively with states, tribes, and local entities. On March 24, the Bureau of Reclamation “announced a funding opportunity for WaterSMART: Drought Resiliency Projects.”See footnote 94 Eligible applicants include regional authorities (the members of which include one or more organizations with water or power delivery authority) and nonprofit conservation organizations that are acting in partnership with an eligible applicant.

Cooperative Watershed Management Program 

  • Section 40901, Page 688
  • Agency: Department of the Interior 
  • Description: “The Cooperative Watershed Management Program (CWMP) contributes to the WaterSMART strategy by providing funding to watershed groups to encourage diverse stakeholders to form local solutions to address their water management needs.”See footnote 95
  • Funding: $100M for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.)
  • Collaborative Feature: The Cooperative Watershed Management Program (CWMP) provides funding to watershed groups. A watershed group is a self-sustaining, non-regulatory, consensus-based group that is composed of a diverse array of stakeholders, which may include, but is not limited to, private property owners, non-profit organizations, Federal, state, or local agencies, and tribes.”See footnote 96 

Department of Agriculture

Ecosystem Restoration

  • Section 40804, Page 677
    • Agencies: Department of Agriculture & Department of the Interior
    • Description: Funding for ecological health restoration projects through various programs, which include grants for voluntary ecosystem restoration projects on private or public land, grants for eradicating invasive species on non-Federal and federal land, and funding for the Department of Agriculture to in coordination with the Department of the Interior, to create a collaborative-based, landscape-scale restoration program. 
    • Funding: To the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, $2.13B for the period of fiscal years 2022 through 2026. 
  • Division J, Title VI, Page 980
    • Description: $2,854,000,000, to remain available until expended of which, $2,115,000,000 for the Department of Agriculture acting through the Forest Service for activities as authorized in Sections 40803 and 40804. 
  • Does Justice 40 Apply?: Justice40 applies to “Ecological Health Restoration Contracts,” “Financial Assistance to Facilities That Purchase and Process Byproducts for Ecosystem Restoration Projects,” “Landscape Scale Restoration Water Quality and Fish Passage,” “Recreation Sites,” Restoration Projects Via States and Tribes,” “Restore Native Vegetation on Federal/Non-Federal Land,” and “Revegetation Effort to Implement National Seed Strategy."
  • Collaborative Feature: Department of Agriculture, in coordination with the Department of the Interior, to create a collaborative-based, landscape-scale restoration program. 

National Oceanic and Atmospheric Administration

Regional Ocean Partnerships

  • Division J, Title II, Page 928
  • Agency: National Oceanic and Atmospheric Administration
  • Description: For the “Regional Ocean Partnerships (ROPs) to coordinate the interstate and intertribal management of ocean and coastal resources and to implement their priority actions, including to enhance associated sharing and integration of Federal and non-Federal data by ROPs, or their equivalent.”See footnote 97
  • Funding: $56M
  • Collaborative Feature: Regional Ocean Partnerships must “coordinate the interstate and intertribal management of ocean and coastal resources.”See footnote 98 

Community-Based Restoration Projects

  • Division J, Title II, Page 927
  • Agency: National Oceanic and Atmospheric Administration
  • Description: For contracts, grants, and cooperative agreements to provide funding and technical assistance for purposes of restoring marine, estuarine, coastal, or Great Lakes ecosystem habitat, or constructing or protecting ecological features that protect coastal communities from flooding or coastal storms.
  • Funding: $491M
  • Collaborative Features: Includes cooperative agreements.