Top Republicans Encourage Governors to Ignore FHWA Guidance

As reported in an article by Daniel C. Vock for Route Fifty, Senate Majority Leader Mitch McConnell and U.S. Sen. Shelley Moore Capito of West Virginia are advising state governors to ignore the recommendations issued by the Federal Highway Administration in a December memo. These recommendations promote "projects that promise to reduce carbon emissions, expand transit, add bike lanes and incorporate stakeholders like local governments" and encourage making improvements to existing roads instead of building new ones in an effort to limit the expansion of highways and shift focus to infrastructure that benefits pedestrian, cyclists, and transit users as well as drivers.

According to McConnell and Capito, "'Congress never envisioned the [infrastructure law] to be a 'unique opportunity' for FHWA to ‘evolve the century-old relationship with state departments of transportation' as the FHWA memorandum suggests.'" The senators claim the law does not give FHWA any added authority to dictate how funds are used or which projects are prioritized.

As Vock writes, "The missive is the latest in a wave of criticism, especially among Republicans, about the Biden administration’s attempts to steer money that, by law, goes to state governments with very few strings attached." The attempt to steer "formula" funds to specific types of projects is "unusual," says Vock, as administrations usually do this through discretionary and competitive grant programs.