Sen. Cramer Delivers Opening Statement on Bipartisan Infrastructure Law Implementation at Transportation and Infrastructure Subcommittee Hearing

Source: United States Senator Kevin Cramer (R-ND)

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WASHINGTON – U.S. Senator Kevin Cramer (R-ND), ranking member of the Senate Transportation and Infrastructure Subcommittee, delivered the following opening remarks at a hearing entitled, “Implementing the Infrastructure Investment and Jobs Act (IIJA): Opportunities for Local Jurisdictions to Address Transportation Challenges.”

“I supported the [Infrastructure Investment and Jobs Act] because it included a lot of wins for North Dakota, and I appreciated the chance to work with my colleagues to see it come to fruition. However, we are holding this hearing to maximize the bill’s benefit. While there are plenty of good items within it, many of the successes of the bill depend on the bill’s implementation as Congress intended. This hearing provides a great platform to discuss how this administration is handling its implementation,” said Senator Cramer.

“[T]he IIJA includes many federal discretionary programs requiring state and local governments to apply for funding. The implementation and rollout of these programs haven’t been the smoothest, and navigating this grant process has been challenging, particularly for our small, rural localities,” continued Senator Cramer. “I look forward to speaking more with our witnesses and getting suggestions that may help simplify the process.”

The hearing featured testimony from Cass County Engineer Jason Benson, Salisbury Mayor Jacob Day, City of Philadelphia Office of Transportation and Infrastructure Systems Deputy Managing Director Michael Carroll P.E., and Converse County Commission Chairman Jim Willox.

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Full remarks as prepared for delivery can be viewed below:

“Thank you Chairman Cardin for holding this hearing.

“Today, we’re focused on learning more from local government officials about their experience with the Infrastructure Investment and Jobs Act’s (IIJA) implementation and the opportunities they are pursuing under the law. But before we turn to that, I want to make a few comments about the law. The IIJA was a worthwhile investment in hard infrastructure and did show a good recognition of rural state’s needs. Specific to North Dakota, the bill authorizes over $2 billion in funding for our roads and highways and will allow North Dakota to move our transportation system forward in significant ways. 

“During bill negotiations, I fought hard to secure the traditional split of Highway Trust Fund program dollars of 90 percent formula funding to 10 percent discretionary grants. For decades, this proven approach has served as the backbone of the federal-aid highway program for rural states like North Dakota. It ensures our states and localities have consistent funding and the flexibility to meet their constituents’ needs. 

“The IIJA codified the One Federal Decision policy, which streamlines and expedites the environmental review process. It requires cooperation between federal agencies and concurrent review processes. It also imposes a page limit on documents produced during an environmental review to 200 pages. One Federal Decision is critical to reducing bureaucratic delays and allowing transportation infrastructure projects to be completed in a much more expeditious and straightforward manner. Simplifying the burdensome environmental review and permitting process, saving both time and money for states, were critical components of the IIJA. We absolutely needed permitting certainty so that projects do not take longer to permit than actual build. 

“As I mentioned, the IIJA does show a good recognition of rural community’s needs. The law provides new opportunities for rural states to improve their surface transportation needs. The Rural Surface Transportation Grant Program, established by the law, provides $2 billion in funding over the five fiscal years and is set aside solely for rural communities. The program will support projects in these communities to improve and expand surface transportation infrastructure. 

“The IIJA also included the Revive Economic Growth and Reclaim Orphaned Wells (REGROW) Act. It was a bipartisan bill I led with Senator Luján and provides funding to plug and remediate the nation’s orphaned wells, most of which are dispersed throughout small, rural communities. It provides oilfield job opportunities, cleans up environmental hazards, and brings land back into productive use. REGROW was modeled after North Dakota’s program and the state is already receiving federal funding to continue their proactive efforts.

“I supported the IIJA because it included a lot of wins for North Dakota, and I appreciated the chance to work with my colleagues to see it come to fruition. However, we are holding this hearing to maximize the bill’s benefit. While there are plenty of good items within it, many of the successes of the bill depend on the bill’s implementation as Congress intended. This hearing provides a great platform to discuss how this administration is handling its implementation. 

“For instance, the codification of the One Federal Decision was a priority item for other committee members and myself. It was a significant policy win and something I’ve loudly applauded. But frankly, it’s one of the things I’m most concerned about because this administration has not put it at the forefront. Implementation is far from complete, almost a year after being signed into law. This administration still has no specific plan as to how they intend to meet the law’s goal of a two-year average for project reviews. This is unacceptable. Permitting certainty and improved efficiency for infrastructure projects only come if USDOT makes it a priority and as our last hearing on IIJA confirmed, state and local communities want predictable and expeditious permitting. Similarly, the IIJA included language to expedite NEPA reviews for oil and gas gathering lines if it led to the reduction of released methane. At a hearing in the Energy and Natural Resources Committee hearing, Secretary Haaland only acknowledged the expedited authority by saying ‘we’ll move that forward as we can.’ Responses like these do not inspire confidence that permitting efficiencies are a priority for this administration. I know Secretary Buttigieg has said he’s ‘working on it,’ but to anyone paying attention, it’s pretty evident he’s working a lot harder on many other things not authorized by the law. This is simple. We need faster implementation of the One Federal Decision to benefit from putting this money to work sooner.

“Also, the IIJA includes many federal discretionary programs requiring state and local governments to apply for funding. The implementation and rollout of these programs haven’t been the smoothest, and navigating this grant process has been challenging, particularly for our small, rural localities. In one instance, USDOT attempted to streamline the process and put out a single funding notice for three programs. However, this was limited in scope and did very little to improve the application process and requisite outcomes for small localities who often have to compete with larger states and cities for the same funding.

“I look forward to speaking more with our witnesses and getting suggestions that may help simplify the process. And thank you to all our witnesses for being here today.”