Resilience in the Infrastructure Investment and Jobs Act (IIJA)

 

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 1
  • 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 2
  • 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 3
  • 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 4 IIJA revised the list of eligible applicants and applications will “be evaluated on the criteria of mobility and community connectivity.”See footnote 5 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 6 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 7

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 8

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 9
  • 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 10 

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 11 
  • 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 12 “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 13
  • 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 14
  • 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 15
  • 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 16 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 17
  • 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 18 

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 19
  • Funding: $56M
  • Collaborative Feature: Regional Ocean Partnerships must “coordinate the interstate and intertribal management of ocean and coastal resources.”See footnote 20 

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.

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