[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1142 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1142
To direct the Secretary of Transportation to establish a grant program
for projects to strengthen and protect vulnerable infrastructure used
during mass evacuations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2021
Mr. Keating (for himself and Mr. Garamendi) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a grant program
for projects to strengthen and protect vulnerable infrastructure used
during mass evacuations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing the Strength and Capacity
of America's Primary Evacuation routes Act'' or the ``ESCAPE Act''.
SEC. 2. EVACUATION ROUTE PROGRAM.
(a) Definitions.--In this section:
(1) Evacuation route.--The term ``evacuation route'' means
a route that--
(A) is owned, operated, or maintained by a Federal,
State, Tribal, or local government or a private entity;
(B) is used--
(i) to transport the public away from an
emergency event (as defined in section 667.3 of
title 23, Code of Federal Regulations (or
successor regulations)) that is anticipated,
reasonably likely, ongoing, or past; or
(ii) to transport emergency responders and
recovery resources;
(C) is designated by the State in which the route
is located (or in the case of a federally owned route,
the head of the Federal agency with jurisdiction over
the route) for the purposes described in subparagraph
(B); and
(D) meets the criteria for a mass evacuation route
pursuant to subsection (b)(1).
(2) Program.--The term ``program'' means the competitive
grant program established under subsection (c)(1).
(3) Resilience project.--The term ``resilience project''
means a project--
(A) with the ability to anticipate, prepare for,
and adapt to changing conditions and withstand, respond
to, and recover rapidly from disruptions; and
(B) designed and built to address current and
future vulnerabilities to an evacuation route due to--
(i) future occurrence or recurrence of
emergency events (as defined in section 667.3
of title 23, Code of Federal Regulations (or
successor regulations)) that are likely to
occur in the geographic area in which the
evacuation route is located; or
(ii) projected changes in development
patterns, demographics, or extreme events based
on the best available evidence and analysis.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment of Mass Evacuation Route Criteria.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Federal Emergency Management Agency, State
departments of transportation, metropolitan planning
organizations, and other stakeholders, shall establish criteria
for eligible entities described in subsection (f) to identify
mass evacuation routes.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) provide a period of not less than 90 days for
State departments of transportation, metropolitan
planning organizations, other stakeholders, and the
public to comment on the criteria proposed by the
Secretary under that paragraph; and
(B) take into consideration any comments received
pursuant to subparagraph (A).
(c) Establishment of Program.--
(1) In general.--The Secretary (in consultation with the
Administrator of the Federal Emergency Management Agency for
the purposes described in paragraph (2)) shall establish a
competitive grant program to provide grants for resilience
projects that strengthen and protect evacuation routes that are
essential for providing and supporting mass evacuations caused
by emergency events (as defined in section 667.3 of title 23,
Code of Federal Regulations (or successor regulations)).
(2) Consultation.--In carrying out the program, the
Secretary shall consult with the Administrator of the Federal
Emergency Management Agency for the purpose of providing
technical assistance to the Secretary and to applicants.
(d) Eligible Resilience Projects.--The Secretary shall provide
grants under this section to resilience projects--
(1) described in subsection (e); and
(2) that--
(A) ensure the ability of the evacuation route to
provide safe passage during a mass evacuation and
reduce the risk of damage to evacuation routes as a
result of future emergency events (as defined in
section 667.3 of title 23, Code of Federal Regulations
(or successor regulations)), including--
(i) restoring or replacing existing mass
evacuation routes that are classified as being
in poor condition or do not meet current
geometric standards;
(ii) protecting, elevating, or relocating
assets that are located in a base floodplain;
(iii) protecting assets vulnerable to high
winds;
(iv) installing mitigation measures that
prevent the intrusion of floodwaters into
transportation systems;
(v) strengthening systems that remove
rainwater from transportation facilities or
services; or
(vi) other resilience projects that address
identified vulnerabilities;
(B) if the Secretary determines that existing
evacuation routes are not sufficient to adequately
facilitate mass evacuations, expand the capacity of
evacuation routes to swiftly and safely accommodate
mass evacuations and provide mobility for emergency
responders and recovery resources, including
installation of--
(i) communications and intelligent
transportation system equipment and
infrastructure;
(ii) counterflow measures; or
(iii) shoulders;
(C) are for the construction of--
(i) new or redundant evacuation routes, if
the Secretary determines that existing
evacuation routes are not sufficient to
adequately facilitate mass evacuations,
emergency response, or recovery efforts; or
(ii) sheltering facilities; or
(D) involve planning and acquisition, including--
(i) mass evacuation planning and
preparation, such as--
(I) coordination with Federal
agencies and departments, agencies and
departments within the State, first
responders, and other States;
(II) identification of evacuation
routes;
(III) evacuation route education
and awareness campaigns;
(IV) traffic analysis and
monitoring; or
(V) data sharing;
(ii) acquisition of evacuation route and
traffic incident management equipment and
vehicles;
(iii) evacuation route risk assessment;
(iv) development of enhanced mass
evacuation response capabilities;
(v) evacuation route signage; or
(vi) equipment for pedestrian movement.
(e) Eligible Projects.--The Secretary may make a grant under this
section only for a project that is--
(1) an evacuation route;
(2) a project eligible for assistance under title 23,
United States Code;
(3) a public transportation facility or service eligible
for assistance under chapter 53 of title 49, United States
Code;
(4) a facility or service for intercity rail passenger
transportation (as defined in section 24102 of title 49, United
States Code);
(5) a port facility, including a facility that--
(A) connects a port to other modes of
transportation;
(B) improves the efficiency of mass evacuations and
disaster relief; or
(C) aids transportation;
(6) a public-use airport (as defined in section 47102 of
title 49, United States Code) that is included in the national
plan of integrated airport systems developed by the Federal
Aviation Administration under section 47103 of title 49, United
States Code; or
(7) a route owned, operated, or maintained by the Corps of
Engineers.
(f) Eligible Entities.--The Secretary may award a grant under this
section to any of the following:
(1) A State.
(2) A metropolitan planning organization that serves an
urbanized area (as defined by the Bureau of the Census) with a
population of more than 200,000 individuals.
(3) A unit of local government.
(4) A political subdivision of a State or local government.
(5) A special purpose district or public authority with a
transportation function, including a port authority.
(6) A Federal land management agency that applies jointly
with a State or group of States.
(7) A Tribal government or a consortium of Tribal
governments.
(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
(g) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines to be necessary.
(h) Criteria.--In selecting resilience projects to receive grants
under the program, the Secretary shall consider--
(1) the cost of the project compared to the risk of
recurring damage and the cost of future repairs, taking into
account current and future emergency events (as defined in
section 667.3 of title 23, Code of Federal Regulations (or
successor regulations)) and extreme events, to the maximum
extent practicable;
(2) the extent to which the project reduces the financial
risk to the Federal Government; and
(3) such other criteria as the Secretary determines to be
appropriate.
(i) Administration of Projects.--A project that receives a grant
under this section--
(1) may be transferred within the Department of
Transportation; and
(2) shall be administered in accordance with--
(A) title 23 and title 49, United States Code, as
applicable;
(B) title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(D) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(j) Federal Cost Share.--
(1) In general.--The Federal share of the cost of a project
carried out under the program shall not exceed 80 percent of
the total project cost.
(2) Non-federal share.--The eligible entity may use funds
provided from other Federal sources to meet the non-Federal
cost share requirement for a project under the program.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section for each fiscal year
$1,000,000,000, to remain available until expended.
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