FHWA Pulls Back Controversial Memo

AGC joins Senator Capito and Congressman Graves in declaring victory after pressing the Federal Highway Administration for over a year to follow the regulatory process and let states decide to move forward with infrastructure projects as they deem appropriate and as the IIJA intended.

On February 24, the Federal Highway Administration (FHWA) released a new, substantially revised, policy memo to replace its controversial memo from late 2021 that encouraged state DOTs to limit the construction of new highway capacity. The new memo removes that language and reflects policies already in existing law and provides clarity that states still ultimately decide which projects to advance.

As a reminder, AGC objected to the memo in early 2022, organized a coalition effort, and testified on this topic on multiple occasions. You may also recall that GAO determined that the FHWA failed to follow the regulatory process when it issued its controversial “policy memo.

Joining AGC in declaring victory was U.S. Senator Shelley Moore Capito (R-WV), Ranking Member of the Senate Environment and Public Works (EPW) Committee, and U.S. Rep. Sam Graves (R-MO), Chairman of the House Transportation and Infrastructure (T&I) Committee, who will no longer be challenging the memo under the Congressional Review Act.

With this debate behind us, AGC is excited to focus on ensuring the success of the IIJA and rebuilding America's infrastructure.

For more information, contact Alex Etchen at [email protected].

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