Infrastructure needs up to states, FHWA memo says

The Federal Highway Administration issued a memorandum last week that recognizes the need for states to determine their infrastructure priorities.

The memo, which was issued on Feb. 24, rescinds a December 2021 memo that encouraged states to use the money from the infrastructure law on “fix it first” programs.

“Different states have different needs when it comes to transportation assets that must be reconfigured and modernized, expanded and added, or retired and replaced,” FHWA Administrator Shailen Bhatt wrote in the memo. “FHWA recognizes and values the authority and role of the states in deciding how to prioritize the user of their federal aid highway dollars and will continue to administer funds and programs consistent with all requisite statutory requirements and considerations.”

The memo also said that “the maintenance of existing roads and highways in a state of good repair is an important tool to ensure the effective use of federal funding.”

Republicans, who criticized the administration’s previous stance, lauded the new guidance. Rep. Sam Graves, chair of the House Transportation and Infrastructure Committee, and Sen. Shelley Moore Capito, ranking member of the Environment and Public Works Committee, issued a joint statement in support.

“Today is a win for states, communities, and millions of Americans who stand to benefit from the flexibility provided in the Infrastructure Investment and Jobs Act,” Graves and Capito wrote. “By issuing a revised memorandum, FHWA admitted that it was wrong in their attempts to undo the flexibility provided to states in the law by establishing preferences for certain policies and projects. We’re pleased FHWA recognized that when it comes to legislation of any kind that is passed and signed into law, an administration cannot ignore the role and will of Congress.

“We will continue to conduct rigorous oversight and ensure the infrastructure law is being implemented as Congress intended.”

While the guidance recognized that states are ultimately responsible for deciding how their funding is prioritized, FHWA said it continues to support the following goals:

• Improving the condition, resilience and safety of road and bridge assets consistent with asset management plans.
• Promoting and improving safety for all road users, particularly vulnerable users.
• Supporting accelerated project delivery and an efficient environmental review process through the One Federal Decision framework.
• Making streets and other transportation facilities accessible to all users and compliant with the Americans with Disabilities Act.
• Addressing environmental impacts ranging from storm water runoff to greenhouse gas emissions.
• Prioritizing infrastructure that is less vulnerable and more resilient to a changing climate.
• Future-proofing our transportation infrastructure by accommodating new and emerging technologies like electric vehicle charging stations and renewable energy.
• Reconnecting communities and reflecting the inclusion of disadvantaged and under-represented groups in the planning, project selection and design process. LL