U.S. Senate Environment and Public Works Committee Ranking Member Shelly Moore Capito (R-WV) wrote to governors this week to reaffirm that states have flexibility when it comes to selecting projects funded by the bipartisan Infrastructure Investment and Jobs Act (IIJA).
In an effort to ensure the IIJA is properly implemented, Sen. Capito, along with Senate Republican Leader Mitch McConnell (R-KY), sent a Feb. 9 letter to governors. Their letter took issue with a Dec. 16, 2021 memorandum issued by the Federal Highway Administration (FHWA) entitled, “Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America,” that outlined several policies that were not agreed to in the IIJA, the senators said.
Sen. Capito stated that the infrastructure law does not include provisions that restrict certain types of projects, such as those that add new highways.
“Unfortunately, the FHWA memorandum attempts to implement a wish list of policies not reflected in the IIJA. These policies, such as discouraging projects that increase highway capacity and prioritizing projects that advance non-motorized transportation options, differ from the provisions negotiated and agreed to in the law,” the senators wrote.
They added that the FHWA does not have the authority to tell states how to use their federal funding, such as by prioritizing public transit or bike paths over new roads and bridges.
“The FHWA memorandum is an internal document, has no effect of law, and states should treat it as such,” the senators wrote.
Sen. Capito and her colleague wrote that they would work with states to ensure the proper implementation of the IIJA that reflects congressional intent and continues the federal-state partnership.
“You understand firsthand how carrying out projects that are responsive to the unique infrastructure needs of your state will spur economic growth, create jobs, and improve the quality of life for all of your residents,” the letter to the governors said.