Title 23HighwaysRelease 119-73not60

§177 Neighborhood Access and Equity Grant Program

Title 23 › Chapter 1— FEDERAL-AID HIGHWAYS › § 177

Last updated Apr 5, 2026|Official source

Summary

Provides $1,893,000,000 for fiscal year 2022, available until September 30, 2026, for competitive grants from the Federal Highway Administration to make places safer to walk, bike, and use affordable transport. Grants can pay to remove, fix, replace, or redesign roads or other transportation facilities that cut off neighborhoods or cause harm. They can build or improve complete streets, trails, greenways, or links to jobs and services. Grants also fund actions that cut air and noise pollution, manage stormwater and heat, and add safety features. Another $1,262,000,000 is set aside for the same kinds of projects when they serve economically disadvantaged or underserved communities, with the same availability date. Up to $50,000,000 is available for guidance, technical help, training, small subgrants to local governments, and FHWA operations. Projects paid for under these grants are treated like Federal-aid highway projects. If a State handles the money, it must follow the Department of Transportation’s Disadvantaged Business Enterprise rules. The federal share of project costs is normally no more than 80 percent, but can be up to 100 percent for projects in disadvantaged or underserved communities. The funds do not count against overall limits for Federal-aid highway money and cannot be used to add extra through lanes for single-occupant cars. Definitions (one line each): Eligible entities — States, local governments or political subdivisions, certain territories and public authorities, metropolitan planning organizations, and for planning grants also nonprofits or colleges partnered with an eligible entity. Facility — a surface transportation feature that blocks neighborhood connections or causes pollution, noise, stormwater, or other burdens. Community (for the $1,262,000,000 pot) — an area that is economically disadvantaged, underserved, or in persistent poverty, and that meets criteria like having a community benefits agreement, anti-displacement tools, or a plan to hire local residents.

Full Legal Text

Title 23, §177

Highways — Source: USLM XML via OLRC

(a)In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,893,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for competitive grants to eligible entities described in subsection (b)—
(1)to improve walkability, safety, and affordable transportation access through projects that are context-sensitive—
(A)to remove, remediate, or reuse a facility described in subsection (c)(1);
(B)to replace a facility described in subsection (c)(1) with a facility that is at-grade or lower speed;
(C)to retrofit or cap a facility described in subsection (c)(1);
(D)to build or improve complete streets, multiuse trails, regional greenways, or active transportation networks and spines; or
(E)to provide affordable access to essential destinations, public spaces, or transportation links and hubs;
(2)to mitigate or remediate negative impacts on the human or natural environment resulting from a facility described in subsection (c)(2) in a disadvantaged or underserved community through—
(A)noise barriers to reduce impacts resulting from a facility described in subsection (c)(2);
(B)technologies, infrastructure, and activities to reduce surface transportation-related greenhouse gas emissions and other air pollution;
(C)natural infrastructure, pervious, permeable, or porous pavement, or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection (c)(2);
(D)infrastructure and natural features to reduce or mitigate urban heat island hot spots in the transportation right-of-way or on surface transportation facilities; or
(E)safety improvements for vulnerable road users; and
(3)for planning and capacity building activities in disadvantaged or underserved communities to—
(A)identify, monitor, or assess local and ambient air quality, emissions of transportation greenhouse gases, hot spot areas of extreme heat or elevated air pollution, gaps in tree canopy coverage, or flood prone transportation infrastructure;
(B)assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements;
(C)conduct predevelopment activities for projects eligible under this subsection;
(D)expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities; or
(E)administer or obtain technical assistance related to activities described in this subsection.
(b)An eligible entity referred to in subsection (a) is—
(1)a State;
(2)a unit of local government;
(3)a political subdivision of a State;
(4)an entity described in section 207(m)(1)(E);
(5)a territory of the United States;
(6)a special purpose district or public authority with a transportation function;
(7)a metropolitan planning organization (as defined in section 134(b)(2)); or
(8)with respect to a grant described in subsection (a)(3), in addition to an eligible entity described in paragraphs (1) through (7), a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs (1) through (7).
(c)A facility referred to in subsection (a) is—
(1)a surface transportation facility for which high speeds, grade separation, or other design factors create an obstacle to connectivity within a community; or
(2)a surface transportation facility which is a source of air pollution, noise, stormwater, or other burden to a disadvantaged or underserved community.
(d)(1)In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,262,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration to provide grants for projects in communities described in paragraph (2) for the same purposes and administered in the same manner as described in subsection (a).
(2)A community referred to in paragraph (1) is a community that—
(A)is economically disadvantaged, underserved, or located in an area of persistent poverty;
(B)has entered or will enter into a community benefits agreement with representatives of the community;
(C)has an anti-displacement policy, a community land trust, or a community advisory board in effect; or
(D)has demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section.
(e)(1)A project carried out under subsection (a) or (d) shall be treated as a project on a Federal-aid highway.
(2)Funds made available for a grant under this section and administered by or through a State department of transportation shall be expended in compliance with the U.S. Department of Transportation’s Disadvantaged Business Enterprise Program.
(f)The Federal share of the cost of an activity carried out using a grant awarded under this section shall be not more than 80 percent, except that the Federal share of the cost of a project in a disadvantaged or underserved community may be up to 100 percent.
(g)In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for—
(1)guidance, technical assistance, templates, training, or tools to facilitate efficient and effective contracting, design, and project delivery by units of local government;
(2)subgrants to units of local government to build capacity of such units of local government to assume responsibilities to deliver surface transportation projects; and
(3)operations and administration of the Federal Highway Administration.
(h)Amounts made available under this section shall not—
(1)be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways; and
(2)be used for a project for additional through travel lanes for single-occupant passenger vehicles.

Reference

Citations & Metadata

Citation

23 U.S.C. § 177

Title 23Highways

Last Updated

Apr 5, 2026

Release point: 119-73not60