Infrastructure Investment and Jobs Act – Resiliency and Environmental Remediation

Points of Contact:

Jonathan Mantz, Commerce Practice Co-Headjmantz@bgrdc.com

Bill Viney, Principal, State and Local Advocacy and Appropriations – bviney@bgrdc.com

Jerry Strickland, Vice President & Texas Director, State Advocacy and Appropriations – jstrickland@bgrdc.com

Jennifer Larkin Lukawski, Principaljlarkin@bgrdc.com

Chay English, Vice Presidentcenglish@bgrdc.com

Infrastructure Investment and Jobs Act

Resiliency and Environmental Remediation

Topline Funding: $68.2 billion
[$47.2 billion (resiliency) + $21 billion (addressing legacy pollution)]

The Infrastructure Investment and Jobs Act (IIJA) authorizes roughly $47 billion (B) in funds for a variety of resilience and climate-related programs to address flood mitigation, cyber, waste management, flood and wildfire mitigation, drought, and coastal resiliency, ecosystem restoration, heat stress, and weatherization. Additionally, the measure authorizes upwards of $21B to clean up brownfield and superfund sites, reclaim abandoned mine lands, and plug orphan oil and gas wells, improving public health and creating good-paying jobs.

Please note the IIJA contains numerous resiliency and remediation authorizations across federal agencies and programs. Below is an illustrative – though not exhaustive – outline of authorizations categorized across specific program areas.

 

PROGRAMS & FUNDING STREAMS

*highlighted programs in each category: Flood Mitigation, BRIC, Water Management, Drought, Wildfire Management, Cyber, and Environmental Remediation.

 

 I. RESILIENCY – FLOOD MITIGATION

ARMY CORPS OF ENGINEERS INFRASTRUCTURE PRIORITIES

Authorizes $7B for U.S. Army Corps of Engineers (USACE) infrastructure priorities. This includes $150 million for technical assistance and to initiate or complete previously authorized studies. In addition, $6B is provided for Corps construction projects to help address backlog of authorized – but not funded – projects. Specific funding set-asides for Coastal Storm Risk Management/Hurricane and Storm Damage Reduction Projects, Inland Flood Risk Management Projects and Aquatic Ecosystem Restoration Projects. Note the IIJA includes other Army Corps funding authorizations over and beyond resilience and environmental remediation projects.

Agency of Jurisdiction: Department of Defense (DOD) – USACE

Eligible Grantees: A corporation, partnership, joint venture, trust, federal, state, local, or tribal government.

Timing: Immediately.

Federal Cost-Share: N/A

Notes: Funds for Coastal Storm Risk Management and Hurricane and Storm Damage Reduction Projects target states that have been impacted by federally declared disasters over the last six years.

SAFEGUARDING TOMORROW THROUGH ONGOING RISK MITIGATION (STORM) ACT

Authorizes $500M over five years for a new Federal Emergency Management Agency (FEMA) capitalization grant program. The grants are intended to support states and eligible tribal governments to establish revolving loan funds to provide hazard mitigation assistance to local governments to reduce risks to disasters and natural hazards. The grants may finance water, wastewater, infrastructure, disaster recovery, community and small business development projects. The loans would reach communities more quickly than FEMA’s traditional grants and provide local communities with capital necessary to invest in more resilient infrastructure.

Agency of Jurisdiction: FEMA

Eligible Grantees: State and local entities.

Timing: Immediately.

Federal Cost-Share: N/A

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

Authorizes over $2B for NOAA projects, which includes $492M for the NOAA National Coastal Resiliency Fund, a partnership with the National Fish and Wildlife Foundation (NFWF) to improve the resilience of coastal communities at risk of flooding and inundation by restoring or expanding natural ecosystems. Also includes $491M for the NOAA Community-Based Restoration Project to improve the buffering shorelines from erosion, reducing flooding, and removing potentially hazardous structures; $492M for NOAA mapping, observations and modeling; $200M for the NOAA Marine Debris program to reduce ocean debris; $80M for procurement of high-performance computing for research purposes, and $100M for the NOAA Fireweather Testbed programs to procure new systems and recapitalize existing systems for wildfire protection.

Agency of Jurisdiction: Department of Commerce (DOC) – NOAA

Eligible Grantees: Institutions of higher education, nonprofit and for-profit organizations, U.S. territories and states, ferally recognized tribes, and local governments.

Timing: Immediately.

Federal Cost-Share: N/A

FEMA FLOOD MITIGATION ASSISTANCE PROGRAM

Authorizes $3.5B over five years in FEMA Flood Mitigation Assistance grants to provide financial and technical assistance to states and communities to reduce the risk of flood damage to homes and businesses through buyouts, elevation and other activities. The authorization more than triples the amount available for future flood mitigation.

Agency of Jurisdiction: FEMA

Eligible Grantees: States, local communities, federally recognized tribes, and territories.

Timing: Immediately.

Federal Cost-Share: N/A

 

II. RESILIENCY – BRIC

FEMA BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC) PROGRAM

Authorizes $1B over five years, which is in addition to the funding FEMA provides through setting aside up to 6% of the assistance the agency provides following major disaster declarations through the Public Assistance and Individuals and Households Program. The funding is based off an estimated 180 days after each declaration and does not include funding made available through the Hazard Mitigation Assistance grant programs.

Agency of Jurisdiction: FEMA

Eligible Grantees: States, local communities, federally recognized tribes, and territories.

Timing: Immediately.

Federal Cost-Share: N/A

 

III. RESILIENCY – WASTE MANAGEMENT

CRITICAL MINERAL AND BATTERY RECYCLING

Authorizes $150M for critical mineral and battery recycling grants, to address the lack of domestic policy markets, and infrastructure regarding the coordinated collection, recycling and reuse of single use and rechargeable consumer batters which contain material needed to support a U.S. based supply chain. Note: EPA battery recycling funding is in addition to that authorized for the Department of Energy (Battery Material Processing Grant Program).

Agency of Jurisdiction: Environmental Protection Agency (EPA)

Eligible Grantees: Public and private entities.

Timing: Immediately.

Federal Cost-Share: N/A

EPA POLLUTION PREVENTION PROGRAM

Authorizes $100M for the EPA Pollution Prevention (P2) program and the launch of a new program targeting environmental justice. Funding dedicated to grants and technical assistance for reducing toxic pollutants, cutting water usage, improving efficiency, and lowering costs. to provide grants and technical assistance to help businesses adopt pollution prevention practices.

Agency of Jurisdiction: EPA

Eligible Grantees: Private entities.

Timing: Immediately.

Federal Cost-Share: N/A

 

IV. RESILIENCY – DROUGHT

AGING INFRASTRUCTURE ACCOUNT

Authorizes $2.2B over five years for the Aging Infrastructure Account, including to the U.S. Bureau of Reclamation (USBR), for water infrastructure projects across the West that are in need or major upgrades and replacement.

Agency of Jurisdiction: U.S. Department of the Interior (DOI) – USBR

Eligible Grantees: State and local entities providing rehabilitation services.

Timing: Immediately.

Federal Cost-Share: States are responsible for 50% of project costs and 25% of the cost for non-federal projects.

WESTERN AREA POWER ADMINISTRATION’S POWER PURCHASE AND TRANSMISSION ACTIVITIES

Authorizes $500M over five years for the Western Area Power Administration’s (WAPA) power purchase and transmission activities. Funding intended to mitigate depletion in WAPA power purchase funds in instances of drought.

Agency of Jurisdiction: U.S. Department of Energy (DOE) – WAPA

Eligible Grantees: Eligible operating entities in 15-state service area.

Timing: Immediately.

Federal Cost-Share: N/A

DROUGHT CONTINGENCY PLAN FUNDING

Authorizes $100M over 5 years for Drought Contingency Plan Funding, which includes $50M each to the Upper and Lower Basins for drought contingency operations, such as monitoring and reclamation at Lake Powell and Lake Mead. The Drought Contingency Plan was agreed between the 7 states of the Upper and Lower Colorado Basins, and approved by Congress, to prepare for increasingly harsh drought conditions.

Agency of Jurisdiction: U.S. Department of Agriculture (USDA)

Eligible Grantees: Funding is available for States, local communities, tribes, and territories that directly service the upper and lower Colorado basins.

Timing: Immediately.

Federal Cost-Share: N/A

USDA NRCS WATERSHED PROGRAMS

Authorizes $618M for USDA NRCS Watershed Programs, which includes $500M for Watershed and Flood Prevention Operations (WFPO) and $118M for Watershed Rehabilitation Programs. These funds help to address erosion, floodwater and sediment damage, conservation development, use and disposal of water, the conservation and proper use of land in authorized watersheds, rehabilitation of aging dams, and other critical public health and safety concerns.

Agency of Jurisdiction: USDA

Eligible Grantees: States, local communities, federally recognized tribes, and territories.

Timing: The Secretary of Agriculture is required to submit a list of eligible projects and associated costs within 90 days after enactment.

Federal Cost-Share: N/A

TRIBAL CLIMATE RESILIENCE

Authorizes $216M over 5 years for tribal climate resilience, adaptation, and community relocation planning, design, and implementation of projects that address the varying climate challenges facing tribal communities across the country. This includes $130M is for community relocation and $86M is for climate resilience and adaptation projects.

Agency of Jurisdiction: DOI – Bureau of Indian Affairs (BIA)

Eligible Grantees: Tribal non-profit, non-governmental organizations and tribally-controlled colleges or universities (TCUs) that serve federally-recognized tribes.

Timing: Immediately.

Federal Cost-Share: N/A

LOW-INCOME HOUSING ENERGY ASSISTANCE PROGRAM (LIHEAP)

Authorizes $500M to provide low-income families assistance with rising energy prices due to extreme weather.

Agency of Jurisdiction: U.S. Department of Health and Human Services (HHS)

Eligible Grantees: States, local government, territories, and tribes.

Timing: Immediately.

Federal Cost-Share: N/A

 

V. RESILIENCY – WILDFIRE MANAGEMENT

DEPARTMENT OF INTERIOR PROJECTS

Authorizes $178M over five years to facilitate hazardous fuels reduction projects. Includes $10M for projects authorized under the Tribal Forestry Protection Act. Authorizes an $225M for Burned Area Rehabilitation activities.

Agency of Jurisdiction: DOI

Eligible Grantees: Federal agencies, Tribes, States, counties, local organizations, and private landowners.

Timing: Immediately.

Federal Cost-Share: N/A

FOREST SERVICE PROJECTS

Authorizes $514M over five years for the Forest Service to carry out hazardous fuels reduction projects. Includes $40M for projects authorized under the Tribal Forestry Protection Act and $60M for Community Wood Energy and Wood Innovation Grants. Also authorizes $225M for Burned Area Recovery activities, $200M for State and Private Forestry grants for hazardous fuel projects, $500M for Forest Service Community Defense grants, and $100M for construction, maintenance, and decommissioning of roads limited to forest restoration projects.

Agency of Jurisdiction: DOI

Eligible Grantees: Tribal entities, local governments, and qualified conservation non-profit organizations

Timing: Immediately.

Federal Cost-Share: N/A

USDA NATURAL RESOURCES CONSERVATION SERVICE EMERGENCY WATERSHED PROTECTION PROGRAM

Authorizes $300M over 5 years for the USDA Natural Resources Conservation Service for the Emergency Watershed Protection Program.

Agency of Jurisdiction: USDA

Eligible Grantees: Cities, counties, towns, conservation districts, or any federally recognized tribes or tribal organization.

Timing: Immediately.

Federal Cost-Share: N/A

 

VI. RESILIENCY – CYBER

*please see BGR’s IIJA Cyber Security breakdown

CYBER FUNDS

Authorizes $100M over five years for the Cyber Response and Recovery Fund that allows the Cybersecurity and Infrastructure Security Agency (CISA) to provide direct support to public or private entities as they respond and recover from significant cyberattacks and breaches. Also authorizes roughly $32M for DHS Science and Technology Directorate for Research and Development and $35M for CISA to establish a capability to oversee and execute cross-sector governance.

Agency of Jurisdiction: DHS – CISA

Eligible Grantees: Federal, State, local, and tribal entities, and public and private entities on a reimbursable or non-reimbursable basis..

Timing: Immediately.

Federal Cost-Share: N/A

State, Local, Tribal, and Territorial (SLTT) Grant Program

Establishes a new grant program for state, local, tribal, and territorial governments to modernize their IT networks and infrastructure to better respond to modern threats such as ransomware attacks. $1B allocated over 4 years ($200M FY22, $400M FY23, $300M FY24, $100M FY25). 1 percent will go to each state and 0.25 percent will go to all four US territories. Another 3 percent will go to tribal governments. Of the remaining 46% of funding, 23% is apportioned among states based on population size and the other 23% based on the state’s rural population as a percentage of the total U.S. rural population. States are required to distribute at least 80% of funds to local governments, including 25% of funds to rural areas (see below).

Agency of Jurisdiction: FEMA in consultation with DHS-CISA

Eligible Grantees: States (with flow through to localities), Tribes, and U.S. Territories.

Timing: FY2022

Federal Cost-Share: State and local cost share is 10 percent for FY22 and 23, 20 percent for FY23, 30 percent for FY24, and 40 percent for FY25.

Notes: The State and Local Cybersecurity Grant Program requires states to develop comprehensive cybersecurity plans. These plans must describe the steps the government will take to implement a process of continuous cybersecurity vulnerability assessments and threat mitigation. Further, the plan must be approved by the state or tribes’ Cybersecurity Planning Committee, which includes representatives from local entities.

 

VII. ENVIRONMENTAL REMEDIATION

STATE AND TRIBAL ASSISTANT GRANTS: BROWNFIELDS

Authorizes $1.5B for EPA’s Brownfields program to assess, and safely clean up and sustainably reuse contaminated properties. Funds include $1.2B for the Brownfields competitive grants, while raising grant caps for half of the competitive grant funding. Also dedicates $300M for brownfields categorical grants to support the development and progress being made under state-led brownfields efforts.

Agency of Jurisdiction: EPA

Eligible Grantees: States, local communities, federally recognized tribes, and territories.

Timing: Immediately.

Federal Cost-Share: N/A

REMEDIAL ACCOUNT WITHIN THE HAZARDOUS SUBSTANCE SUPERFUND

Authorizes $3.5B for the Remedial account within the Hazardous Substance Superfund to invest in clean-ups and continue moving forward on remedial actions for Superfund sites.

Agency of Jurisdiction: EPA

Eligible Grantees: States, local communities, federally recognized tribes, and territories.

Timing: Immediately.

Federal Cost-Share: N/A