Source: United States Senator Kevin Cramer (R-ND)
WASHINGTON – U.S. Senator Kevin Cramer (R-ND) led his colleagues today in two letters to the U.S. Department of Transportation pressing the Biden Administration to implement the bipartisan Infrastructure Investment and Jobs Act (IIJA) according to the law. During bill negotiations, Senator Cramer secured the traditional split of Highway Trust Fund program dollars of 90 percent formula funding to 10 percent discretionary grants, ensuring states have consistent funding and the flexibility to meet their constituents’ needs. The IIJA also explicitly excluded language to limit states from expanding their infrastructure beyond the maintenance of existing roads and highways.
On December 16, 2021, the Federal Highway Administration (FHWA) issued guidance, “Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America,” regarding the funding of transportation projects stemming from IIJA in complete contradiction with the spirit and letter of the law. The senators highlighted the importance of the traditional funding formula in rural and western states.
“The issued guidance appears in contradiction to both the letter and spirit of the IIJA and could further lead state and local governments to believe that the legislation is not as flexible for states as it really is. Concerning the contiguous states of North Dakota, South Dakota, Wyoming, Montana, and Idaho, our state Departments of Transportation (DOTs) often coordinate on federal highway policy due to our similar footprints of population and vested interest in ensuring adequate consideration of the rural perspective,” wrote the senators.
The letter also emphasizes IIJA’s permit streamlining provisions including codifying the Trump Administration’s One Federal Decision framework for highway projects, which is critical to addressing new infrastructure needs in rural and western states.
“In general, our western states need new or expanded infrastructure to serve growing populations spread over large swaths of land,” wrote the senators. “An efficient process is needed to deliver timely results for the constituents we serve.”
“The guidance’s “presence has a chilling effect on our states’ long-term planning processes. Given the serious concerns outlined above, and other flexibility issues raised by our state departments, we respectfully request the FHWA reexamine its guidance and take a flexible approach going forward that recognizes the circumstances of rural states,” continued the letter.
Senator Cramer was joined by Senators John Hoeven (R-ND), John Thune (R-SD), Mike Rounds (R-SD), John Barrasso (R-WY), Cynthia Lummis (R-WY), Jim Risch (R-ID), Mike Crapo (R-ID), and Steve Daines (R-MT) in calling on the FWHA to reexamine the guidance.
Click here to read the letter.
In a similar letter Senator Cramer co-lead with Senators Shelley Moore Capito (R-WV), Deb Fischer (R-NE), and more than half of the Republican conference, they request Transportation Secretary Pete Buttigieg direct FHWA to rescind or substantially revise the memorandum to ensure the agency intends proper implementation of the IIJA as enacted.
“If implemented faithfully to the legislative text, the IIJA will upgrade and expand the surface transportation system in a manner that benefits all communities and the Nation. The provisions of the IIJA were carefully negotiated and reflect the input of both parties, the Biden Administration, and the broader stakeholder community. 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,” the senators wrote.
In addition to Senators Cramer, Capito, and Fischer, the letter was also signed by Republican Leader Mitch McConnell (R-KY), and Senators Chuck Grassley (R-IA), Thom Tillis (R-NC), John Cornyn (R-TX), Lindsey Graham (R-SC), James Risch (R-ID), Bill Cassidy (R-LA), Richard Burr (R-NC), Ted Cruz (R-TX), Roger Wicker (R-MS), Jim Inhofe (R-OK), Dan Sullivan (R-AK), Cynthia Lummis (R-WY), Mitt Romney (R-UT), Susan Collins (R-ME), Rob Portman (R-OH), John Barrasso (R-WY), Mike Rounds (R-SD), Mike Crapo (R-ID), Lisa Murkowski (R-AK), James Lankford (R-OK), Bill Haggerty (R-TN), Richard Shelby (R-AL), John Boozman (R-AR), and Roy Blunt (R-MO).
Click here to read the letter.