U.S. Sens. Deb Fischer (R-NE) and Shelley Moore Capito (R-WV) last week joined a majority of the Republican conference in urging the Biden administration to ensure proper implementation of the Infrastructure Investment and Jobs Act (IIJA).
Specifically, the lawmakers expressed concerns about a Federal Highway Administration (FHWA) policy memorandum issued on Dec. 16, 2021, for FHWA staff that they said “puts forth concerning policies that differ from the provisions in the bipartisan IIJA.”
“Furthermore, this memorandum calls into question FHWA’s commitment to adhere to congressional intent in an objective and consistent manner,” the senators wrote in a Feb. 18 letter sent to U.S. Department of Transportation Secretary Pete Buttigieg. “We request that you direct FHWA to rescind or substantially revise this memorandum to demonstrate that the agency intends to implement the IIJA as enacted.”
The IIJA distributes 90 percent of the federal-aid highway funding to states via formula and largely retains the existing core formula program structure that allows states maximum flexibility to address their unique needs, wrote Sen. Fischer, Sen. Capito, and their colleagues, noting that the law also includes numerous provisions to ensure the efficient delivery of all surface transportation projects, including reforms to the environmental review and permitting process.
“Congress thoughtfully confronted pressing issues in a manner that reflected bipartisan input and consensus while avoiding burdensome, prescriptive requirements that fail to reflect the different needs of states across the country,” they wrote. “The law recognizes the specific, and at times different, needs of rural and urban communities and establishes new programs to tackle those needs head-on.”
However, the policies outlined in the memorandum reflect a “decidedly different approach,” according to their letter, and could restrict the flexibility of states and impose one-size-fits-all solutions to solving local surface transportation challenges.
“Specifically, the memorandum discourages states from moving forward with projects that add highway capacity and instead prioritizes projects that improve existing surface transportation assets,” wrote the senators. “The IIJA does not include any provisions that restrict or discourage specific types of projects, and current programmatic and policy requirements ensure that states are good stewards of their existing assets.”
The memorandum also highlights surface transportation projects that require only a categorical exclusion, which could be construed as seeking to advance those projects regardless of whether they address the needs of a particular state or community, they wrote.
“The IIJA includes numerous provisions to facilitate the efficient delivery of all projects,” the senators pointed out.
Among other issues, the memorandum also describes “additional planned actions” that FHWA will undertake to advance policies, but which they said could create uncertainty for states and other entities that receive federal funding, according to their letter.
“We urge recognition of the legislative process used to develop the IIJA and adherence to congressional intent as FHWA moves forward with implementing this historic legislation,” wrote the senators.
Among the lawmakers who joined Sens. Fischer and Capito in signing the letter were U.S. Sens. Thom Tillis (R-NC), Bill Cassidy (R-LA), Richard Burr (R-NC), Roger Wicker (R-MS), Mitt Romney (R-UT), Susan Collins (R-ME), Rob Portman (R-OH), Mike Rounds (R-SD), Lisa Murkowski (R-AK), Joni Ernst (R-IA), and Roy Blunt (R-MO).