Federal Infrastructure Update

Posted By: Chris Klein ACEC National News, Advocacy,

Here are a couple noteworthy updates from the Federal Highway Administration related to the Infrastructure Investment and Jobs Act: (1) the state-by-state formula funding apportionment for the first year of the law, and (2) a guidance memo on implementation.
Funding Apportionment Notice
Last week, the Federal Highway Administration posted the apportionment notice for highway program formula funding to states for Fiscal Year 2022 underThe press release is here.  The notice is here and the state-by-state funding table is here.

To be clear, this is only the first portion of highway funds to flow out under the IIJA.  The U.S. DOT and FHWA will be releasing information on the various competitive grant programs in the coming months.  In addition, ACEC is collaborating with AASHTO and the transportation stakeholder groups to ensure that the final congressional appropriations bill for FY 2022 fully reflects and realizes the funding levels in the law.

FHWA has a very extensive summary of the highway programs under the law on the agency's website that I would recommend to you.  These and other resources and links are accessible on the ACEC Resource Page on the IIJA, so be sure to check that site often for new material.
FHWA Implementation Memo
The Administration also issued a policy memo that provides guidance on the use of resources under the IIJA.  According to the memo, the guidance is intended “to encourage States and other funding recipients to invest in projects that upgrade the condition of streets, highways and bridges and make them safe for all users, while at the same time modernizing them so that the transportation network is accessible for all users, provides people with better choices across all modes, accommodates new and emerging technologies, is more sustainable and resilient to a changing climate, and is more equitable.”
The memo encourages a fix-it-first approach to “prioritize the repair, rehabilitation, reconstruction, replacement, and maintenance of existing transportation infrastructure, especially the incorporation of safety, accessibility, multimodal, and resilience features,” prior to the consideration of any capacity expansion projects.  The memo notes that the IIJA and the policy do not prohibit the construction of new capacity, where eligible.  However, FHWA plans to advance these policy objectives in the context of future regulatory actions, discretionary grant criteria and project funding decisions, and other guidance documents.
The memo is posted on the FHWA website here.