---
kind: "section"
citation: "23 U.S.C. § 171"
title: "23"
title_heading: "Highways"
number: "171"
heading: "Wildlife crossings pilot program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/171"
units:
  - "Chapter 1 — Federal-Aid Highways"
---

# §171. Wildlife crossings pilot program

- (a) **Finding.—** Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because—
  - (1) according to the report of the Federal [Highway](/usc/23/101.md?p=a-11) Administration entitled “Wildlife-Vehicle Collision Reduction Study”, there are more than 1,000,000 wildlife-vehicle collisions every year;
  - (2) wildlife-vehicle collisions—
    - (A) present a danger to—
      - (i) human safety; and
      - (ii) wildlife survival; and
    - (B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and
  - (3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and
  - (4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians.
- (b) **Establishment.—** The [Secretary](/usc/23/101.md?p=a-27) shall establish a competitive wildlife crossings pilot program (referred to in this section as the “pilot program”) to provide grants for [projects](/usc/23/101.md?p=a-20) that seek to achieve—
  - (1) a reduction in the number of wildlife-vehicle collisions; and
  - (2) in carrying out the purpose described in [paragraph (1)](#b-1), improved habitat connectivity for terrestrial and aquatic species.
- (c) **Eligible Entities.—** An entity eligible to apply for a grant under the pilot program is—
  - (1) a [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) agency, or an equivalent of that agency;
  - (2) a metropolitan planning organization (as defined in [section 134(b)](/usc/23/134.md?p=b));
  - (3) a unit of local government;
  - (4) a regional transportation authority;
  - (5) a special purpose district or [public authority](/usc/23/101.md?p=a-22) with a transportation function, including a port authority;
  - (6) an Indian tribe (as defined in [section 207(m)(1)](/usc/23/207.md?p=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](/usc/43/1602.md)));
  - (7) a Federal land management agency; or
  - (8) a group of any of the entities described in paragraphs [(1)](#c-1) through [(7)](#c-7).
- (d) **Applications.—**
  - (1) **In general.—** To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the [Secretary](/usc/23/101.md?p=a-27) an application at such time, in such manner, and containing such information as the [Secretary](/usc/23/101.md?p=a-27) may require.
  - (2) **Requirement.—** If an application under [paragraph (1)](#d-1) is submitted by an eligible entity other than an eligible entity described in paragraph [(1)](#c-1) or [(7)](#c-7) of subsection (c), the application shall include documentation that the [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) agency, or an equivalent of that agency, of the [State](/usc/23/101.md?p=a-28) in which the eligible entity is located was consulted during the development of the application.
  - (3) **Guidance.—** To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the [State](/usc/23/101.md?p=a-28) with jurisdiction over fish and wildlife.
- (e) **Considerations.—** In selecting grant recipients under the pilot program, the [Secretary](/usc/23/101.md?p=a-27) shall take into consideration the following:
  - (1) Primarily, the extent to which the proposed [project](/usc/23/101.md?p=a-20) 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.
  - (2) Secondarily, the extent to which the proposed [project](/usc/23/101.md?p=a-20) of an eligible entity is likely to accomplish the following:
    - (A) Leveraging Federal investment by encouraging non-Federal contributions to the [project](/usc/23/101.md?p=a-20), including [projects](/usc/23/101.md?p=a-20) from public-private partnerships.
    - (B) Supporting local economic development and improvement of visitation opportunities.
    - (C) 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.
    - (D) Provision of educational and outreach opportunities.
    - (E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected [projects](/usc/23/101.md?p=a-20).
    - (F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the [Secretary](/usc/23/101.md?p=a-27) determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the [Secretary](/usc/23/101.md?p=a-27) to identify additional criteria under this subparagraph.
- (f) **Use of Funds.—**
  - (1) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall ensure that a grant received under the pilot program is used for a [project](/usc/23/101.md?p=a-20) to reduce wildlife-vehicle collisions.
  - (2) **Grant administration.—**
    - (A) **In general.—** A grant received under the pilot program shall be administered by—
      - (i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in [section 207(m)(1)](/usc/23/207.md?p=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](/usc/43/1602.md)))), the Federal [Highway](/usc/23/101.md?p=a-11) Administration, through an agreement; and
      - (ii) in the case of a grant to an eligible entity other than an eligible entity described in [clause (i)](#f-2-A-i), the [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) agency, or an equivalent of that agency, for the [State](/usc/23/101.md?p=a-28) in which the [project](/usc/23/101.md?p=a-20) is to be carried out.
    - (B) **Partnerships.—**
      - (i) **In general.—** A grant received under the pilot program may be used to provide funds to eligible partners of the [project](/usc/23/101.md?p=a-20) for which the grant was received described in [clause (ii)](#f-2-B-ii), in accordance with the terms of the [project agreement](/usc/23/101.md?p=a-21).
      - (ii) **Eligible partners described.—** The eligible partners referred to in [clause (i)](#f-2-B-i) include—
        - (I) a metropolitan planning organization (as defined in [section 134(b)](/usc/23/134.md?p=b));
        - (II) a unit of local government;
        - (III) a regional transportation authority;
        - (IV) a special purpose district or [public authority](/usc/23/101.md?p=a-22) with a transportation function, including a port authority;
        - (V) an Indian tribe (as defined in [section 207(m)(1)](/usc/23/207.md?p=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](/usc/43/1602.md)));
        - (VI) a Federal land management agency;
        - (VII) a foundation, nongovernmental organization, or institution of higher education;
        - (VIII) a Federal, Tribal, regional, or [State](/usc/23/101.md?p=a-28) government entity; and
        - (IX) a group of any of the entities described in subclauses [(I)](#f-2-B-ii-I) through [(VIII)](#f-2-B-ii-VIII).
  - (3) **Compliance.—** An eligible entity that receives a grant under the pilot program and enters into a partnership described in [paragraph (2)](#f-2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds.
- (g) **Requirement.—** The [Secretary](/usc/23/101.md?p=a-27) shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for [projects](/usc/23/101.md?p=a-20) located in [rural areas](/usc/23/101.md?p=a-25).
- (h) **Annual Report to Congress.—**
  - (1) **In general.—** Not later than December 31 of each calendar year, the [Secretary](/usc/23/101.md?p=a-27) shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year.
  - (2) **Contents.—** The report under [paragraph (1)](#h-1) shall include—
    - (A) a detailed description of the activities carried out under the pilot program;
    - (B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in [subsection (b)](#b); and
    - (C) policy recommendations to improve the effectiveness of the pilot program.
- (i) **Treatment of Projects.—** Notwithstanding any other provision of law, a [project](/usc/23/101.md?p=a-20) assisted under this section shall be treated as a [project](/usc/23/101.md?p=a-20) on a [Federal-aid highway](/usc/23/101.md?p=a-6) under this chapter.

## Source credit

(Added Pub. L. 117–58, div. A, title I, § 11123(b)(1), Nov. 15, 2021, 135 Stat. 499.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.