Wildlife Crossings Pilot Program

Note: Except as indicated, all references in this document are to the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act, Pub. L. 117-58 (Nov. 15, 2021).

Program Purpose

The BIL establishes the Wildlife Crossings Pilot Program (WCPP) to provide discretionary grants for projects that seek to achieve a reduction in the number of wildlife-vehicle collisions and improved habitat connectivity for terrestrial and aquatic species.

Statutory Citation

• § 11123(b); 23 U.S.C. 171

Funding Features

Type of Budget Authority or Authorization of Appropriations

• Contract authority from the Highway Account of the Highway Trust Fund, subject to the overall Federal-aid obligation limitation.

Federal Share

• In accordance with 23 U.S.C. 120. (See the "Federal Share" fact sheet for additional detail.) [23 U.S.C. 120]

Program Features

This is a new program under the BIL.

Eligible Entities

• An entity eligible to apply for a grant under the pilot program is—
  • a State highway agency, or an equivalent of that agency;
  • a metropolitan planning organization (as defined in 23 U.S.C. 134(b));
  • a unit of local government;
  • a regional transportation authority;
  • a special purpose district or public authority with a transportation function, including a port authority;
  • an Indian tribe (as defined in 23 U.S.C. 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));
  • a Federal land management agency; or
  • a group of any of these entities. [§ 11123(b); 23 U.S.C. 171(c)]

Eligible Partners

• A grant received under the pilot program may be used to provide funds to eligible partners. Eligible partners include—
  • a metropolitan planning organization (as defined in 23 U.S.C. 134(b));
  • a unit of local government;
  • a regional transportation authority;
  • a special purpose district or public authority with a transportation function, including a port authority;
  • an Indian tribe (as defined in 23 U.S.C. 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));
  • a Federal land management agency;
  • a foundation, nongovernmental organization, or institution of higher education;
  • a Federal, Tribal, regional, or State government entity; and
  • a group of any of these entities. [§ 11123(b); 23 U.S.C. 171(f)(2)(B)]

Applications

• If an application is submitted by an eligible entity other than a State highway agency, or an equivalent of that agency, or a Federal land management agency, the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application. [§ 11123(b); 23 U.S.C. 171(d)(2)]

Project Selection

• In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following:
  • Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species.
  • Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following:
    • leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships;
    • supporting local economic development and improvement of visitation opportunities;
    • incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species;
    • provision of educational and outreach opportunities;
    • monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects; and
    • any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate. [§ 11123(b); 23 U.S.C. 171(e)]

Grant Administration

• A grant received under the pilot program by a Federal land management agency or an Indian tribe shall be administered by the Federal Highway Administration, through an agreement. [§ 11123(b); 23 U.S.C. 171(f)(2)(A)(i)]
• A grant received under the pilot program by eligible entities other than a Federal land management agency or an Indian tribe shall be administered by the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out. [§ 11123(b); 23 U.S.C. 171(f)(2)(A)(ii)]
• FHWA shall ensure that not less than 60 percent of the amount made available for grants under the pilot program each fiscal year shall be for projects located in rural areas. [§ 11123(b); 23 U.S.C. 171(g)]

Treatment of projects

• Treats every project funded under the program as if it were located on a Federal-aid highway. This ensures applicability of Davis-Bacon wage requirements that apply to other projects on Federal-aid highways. [23 U.S.C. 171(i)]

Additional Information and Assistance

• For more information about the Wildlife Crossings Program, visit: https://highways.dot.gov/federal-lands/programs/wildlife-crossings.
• To contact the Federal Lands Highway Division for your State, visit: https://highways.dot.gov/federal-lands/about/contacts.
• For general assistance related to BIL, visit: https://www.fhwa.dot.gov/bipartisan-infrastructure-law/technical_support.cfm.
• For more information about BIL transportation funding opportunities for Tribes, visit: https://highways.dot.gov/sites/fhwa.dot.gov/files/docs/federal-lands/programs-tribal/36311/transportation_funding_opportunities_for_tribal_nations_1.pdf.