Frequent and chronic flooding mitigation and adaptation infrastructure projects

(a) In general The Secretary of Commerce and the Secretary of the Army (hereinafter referred to as the Secretaries), in consultation with the Secretary of Homeland Security, may make grants to State and local governments and federally recognized Indian Tribes for frequent and chronic flooding mitigation and adaptation infrastructure projects. (b) Authorized uses Amounts provided as a grant under this section may be used for any of the following: (1) Adaptation of existing infrastructure to mitigate impacts of climate change, including enhancements to both built and natural environments. (2) Maintenance and updating of existing flood risk reduction infrastructure, such as gravity drainage structures, road elevation, bulkheads, gates, and floodwalls. (3) Increasing resilience to frequent and chronic flooding, including (as combined or separate projects)— (A) the creation of bulkheads, levees, and other hard infrastructure alone or in combination with natural infrastructure described in subparagraph (B); and (B) habitat restoration work, including dune enhancement, vegetative restoration, beach renourishment, coral and oyster reef restoration, floodplain restoration, and other actions to restore the function of the natural ecological function and processes to provide flood risk reduction benefits. (4) Improvements to conveyance, diversion, removal, and storage infrastructure to reduce risks caused by frequent and chronic flooding. (5) Innovative methods to reduce risks caused by chronic flooding along street infrastructure systems, including canal streets, absorbent streets, floodable parks, bioswales, rain gardens, permeable pavement, and underground cisterns. (6) Deployment of technologies designed to mitigate power outages, continue delivery of vital electricity services, and maintain the flow of power to facilities critical to public health, safety and welfare, including distributed generation, energy storage, and microgrids. (c) Limitation on project eligibility A project shall not be eligible for funding under this section if it will have any long-term negative impact on important ecological functions and habitat or existing natural protection features and functions. (d) Priority In making grants under this section the Secretaries shall give priority to the following: (1) Protecting areas designated as special flood hazard areas for purposes of the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), hazard areas that incorporate at least 2 feet of additional freeboard, or 3 feet in the case of critical infrastructure, above base flood elevation. (2) Protecting critical infrastructure, as that term is defined in section 1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)). (3) Projects that yield flood risk reduction benefits and additional environmental, social, and economic benefits. (e) Joint Application Two or more contiguous local governments or Tribes may jointly apply for, and receive, a grant under this section. (f) Cost sharing (1) Limitation on federal share The Federal share of the cost of any activity carried out with a grant under this section shall not exceed 90 percent of the cost of such activity. (2) Non-federal share The Secretary shall apply to the non-Federal share of an activity carried out with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. (g) Reports Each recipient of a grant under this section shall report annually to the Secretaries on the progress made on the project carried out with the grant.