REPAIR Infrastructure Act

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $3,000,000,000 for each of fiscal years 2027 through 2031 to carry out the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58), of which—

(A) $750,000,000 shall be for planning grants under subsection (c) of that section; and

(B) $2,250,000,000 shall be for capital construction grants under subsection (d) of that section.

Amounts made available under paragraph (1) shall be—

(A) available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended; and

(B) administered as if—

(i) apportioned under chapter 1 of title 23, United States Code; or

(ii) allocated under chapter 2 of title 23, United States Code, in the case of amounts made available to a Tribal government.

Section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58) is amended—

(A) in the section heading, by striking Reconnecting communities pilot and inserting Restoring essential public access and improving resilient infrastructure (REPAIR infrastructure) program;

(B) in subsection (b), in the matter preceding paragraph (1), by striking pilot; and

(C) in subsection (f), by striking the period of fiscal years 2022 through 2026 and inserting the period of fiscal years 2027 through 2031.

The table of contents in section 1(b) of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 429) is amended by striking the item relating to section 11509 and inserting the following:

Section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58) is amended—

(1) in subsection (c)(4)(B)—

(A) in the matter preceding clause (i), by striking the demonstration by the applicant that;

(B) in clause (i), by inserting the demonstration by the applicant that before the eligible facility;

(C) in clause (ii)—

(i) in the matter preceding subclause (I), by inserting the demonstration by the applicant that before the eligible facility; and

(ii) in subclause (II), by striking and at the end;

(D) in clause (iii)—

(i) by inserting the demonstration by the applicant that before on the basis; and

(ii) by striking the period at the end and inserting a semicolon; and

(E) by adding at the end the following:

(iv) if information is available, the extent to which the project will promote—

(I) new or improved affordable transportation options to increase safe mobility and connectivity for all, including for people with disabilities, to promote access to economic activity centers, including workforce housing, jobs, healthcare, grocery stores, schools, places of worship, recreation, childcare, natural infrastructure, and parks;

(II) safe accommodation for all users and seamless integration with the surrounding character, context, and land use, with consideration of the economy and public health; or

(III) economically thriving communities for individuals to work, live, and play by creating transportation choices for individuals to move freely and have meaningful access to opportunities;

(v) if information is available, the extent to which the application demonstrates—

(I) a robust community participation plan that engages community members most impacted by the existing facility;

(II) formal partnerships, backed by signed commitment letters and a budget, with organizations based in communities adjacent to the project area, including community-based organizations and community development financial institutions;

(III) an approach that meaningfully redresses historic economic and physical barriers and benefits underserved communities; or

(IV) a representative community advisory group, advisory board, or other place-based management organization with oversight authority, including a community land trust, community benefit agreement, or other community development activity to redress transportation-related gaps in access; and

(vi) if information is available, the extent to which the applicant demonstrates—

(I) creative placemaking; or

(II) community restoration, stabilization, and mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents, such as—

(aa) assistance for renters and legacy homeowners and small businesses;

(bb) preservation, rehabilitation, and expansion of location-efficient affordable housing;

(cc) mixed-income mixed use development;

(dd) affordable commercial spaces; and

(ee) other community wealth-building activities.

(E) ; and

(2) in subsection (d)(4)—

(A) by striking the paragraph designation and heading and all that follows through basis of— in subparagraph (B) in the matter preceding clause (i) and inserting the following:

The Secretary shall solicit applications for capital construction grants.

The Secretary shall evaluate applications received under subparagraph (A) on the basis of—

(B) in subparagraph (B)—

(i) in clause (vii), by striking; and at the end and inserting and a description of how those feasibility studies provide a basis for better access to daily destinations;;

(ii) in clause (viii)(II), by striking the period at the end and inserting a semicolon; and

(iii) by adding at the end the following:

(ix) a description of how partner resources and other Federal and non-Federal funds will support the project, including a detailed description of all funding commitments, financing, and in-kind support;

(x) the extent to which the project will encourage public and private investments to support greater commercial and mixed-income residential development near public transportation, along rural main streets, or in walkable neighborhoods;

(xi) the extent to which the project will promote—

(I) new or improved affordable transportation options to increase safe mobility and connectivity for all, including for people with disabilities, to promote access to economic activity centers, including workforce housing, jobs, healthcare, grocery stores, schools, places of worship, recreation, childcare, natural infrastructure, and parks;

(II) safe accommodation for all users and seamless integration with the surrounding character, context, and land use, with consideration of the economy and public health; or

(III) economically thriving communities for individuals to work, live, and play by creating transportation choices for individuals to move freely and have meaningful access to opportunities;

(xii) the extent to which the application demonstrates—

(I) a robust community participation plan that engages community members most impacted by the existing facility;

(II) formal partnerships, backed by signed commitment letters and a budget, with organizations based in communities adjacent to the project area, including community-based organizations and community development financial institutions;

(III) an approach that meaningfully redresses historic economic and physical barriers and benefits underserved communities; or

(IV) a representative community advisory group, advisory board, or other place-based management organization with oversight authority, including a community land trust, community benefit agreement, or other community development activity to redress transportation-related gaps in access; and

(xiii) the extent to which the applicant demonstrates—

(I) creative placemaking; or

(II) community restoration, stabilization, and mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents, such as—

(aa) assistance for renters and legacy homeowners and small businesses;

(bb) preservation, rehabilitation, and expansion of location-efficient affordable housing;

(cc) mixed-income mixed use development;

(dd) affordable commercial spaces; and

(ee) other community wealth-building activities.

(iii) ; and

(C) by adding at the end the following:

An applicant may include in an application under subparagraph (A) information about land use policies that reduce regional displacement pressures in the area in which the project is located, including measurements of, of the land that permits residential use—

(i) the percentage that allows duplexes, accessory dwelling units, or higher unit count;

(ii) the percentage that allows triplexes or higher unit count;

(iii) the percentage that allows quadruplexes or higher unit count; and

(iv) the percentage that has no minimum parking requirements.

Section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58) is amended—

(1) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and

(2) by inserting after subsection (d) the following:

Amounts from a grant under this section may not be used for a project that increases the number of travel lanes on an existing highway.

Section 119(d)(2) of title 23, United States Code, is amended by adding at the end the following:

(T) Construction of a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).

Section 133 of title 23, United States Code, is amended—

(1) in subsection (b), by inserting after paragraph (3) the following:

(4) Projects eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).

(1) ; and

(2) in subsection (c)(2), by striking (5) and inserting (4).

Section 148 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (1) through (16) as paragraphs (2) through (17), respectively;

(B) by inserting before paragraph (2) (as so redesignated) the following:

The term divisive roadway infrastructure means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors.

The term divisive roadway infrastructure includes—

(i) a limited access highway;

(ii) a viaduct; and

(iii) any other principal arterial facility.

(B) ; and

(C) in subparagraph (B) of paragraph (5) (as so redesignated)—

(i) by redesignating clause (xxix) as clause (xxx);

(ii) by inserting after clause (xxviii) the following:

(xxix) A project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).

(ii) ; and

(iii) in clause (xxx) (as so redesignated), by striking (xxviii) and inserting (xxix);

(2) in subsection (c)—

(A) in paragraph (1)(A), by striking subsections (a)(13) and inserting subsections (a)(14); and

(B) in paragraph (2)(A)—

(i) in clause (v), by striking and at the end;

(ii) in clause (vi), by adding and after the semicolon at the end; and

(iii) by adding at the end the following:

(vii) to evaluate the impacts of divisive roadway infrastructure;

(iii) ; and

(3) in subsection (d)(2)(B)(i), by striking subsection (a)(13) and inserting subsection (a)(14).

Section 149(b) of title 23, United States Code, is amended—

(1) in paragraph (10)(B), by striking or at the end;

(2) in paragraph (11)(B), by striking the period at the end and inserting; or; and

(3) by adding at the end the following:

(12) if the project is a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).

Section 165(c)(6)(A) of title 23, United States Code, is amended by adding at the end the following:

(viii) Projects eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).

Section 167(h)(5)(C) of title 23, United States Code, is amended—

(1) by redesignating clauses (xxii) and (xxiii) as clauses (xxiii) and (xxiv), respectively;

(2) by inserting after clause (xxi) the following:

(xxii) A project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).

(2) ; and

(3) in clause (xxiii) (as so redesignated), by striking (xxi) and inserting (xxii).

Section 173(e)(1) of title 23, United States Code, is amended—

(1) in subparagraph (F), by striking or at the end;

(2) in subparagraph (G), by striking the period at the end and inserting; or; and

(3) by adding at the end the following:

(H) a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).

Section 175(c) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following:

If the Secretary makes a certification described in subparagraph (B), a State—

(i) shall first use funds apportioned under section 104(b)(7) for a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58), as determined by the Secretary, taking into consideration any projects that received planning grants under that program; and

(ii) if funds remain available after carrying out clause (i), in addition to eligible projects under paragraph (1), may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b).

A certification referred to in subparagraph (A) is a certification by the Secretary that the State has demonstrated a reduction in transportation emissions—

(i) as estimated on a per capita basis; and

(ii) as estimated on a per unit of economic output basis.