BISMARCK – U.S. Senator Kevin Cramer (R-ND), Ranking Member of the Senate Environment and Public Works (EPW) Subcommittee on Transportation and Infrastructure, issued the following statement after the Federal Highway Administration (FHWA) updated its December 2021 policy memorandum, which contradicted the letter and the spirit of the Infrastructure Investment and Jobs Act (IIJA).

“The good news is, the Federal Highway Administration’s initial guidance – which essentially told North Dakota and every state in America how to spend their infrastructure resources – is gone. The memo acknowledges the fundamental error in limiting the capabilities of local authorities who know the needs of our communities best.

“When Administrator Bhatt came before the Environment and Public Works Committee, I questioned him on the Department’s deeply flawed guidance, and he acknowledged the lawful flexibility states possess. His correction is a step in the right direction, and I look forward to working with him to ensure the law is implemented as Congress intended.” 

Background:

  • In a September 2022 nomination hearing, Senator Cramer questioned now-FHWA Administrator Shailen Bhatt on several topics, including the flawed implementation of the IIJA.
  • In a March 2022 EPW hearing, Senator Cramer pressed U.S. Department of Transportation (DOT) Secretary Buttigieg on the flawed FHWA memo and the confusion it created for states.
  • In February 2022, Senator Cramer led his colleagues in sending two letters to DOT urging the Administration to implement the IIJA according to the law. One letter highlighted specific concerns with the FHWA’s guidance.