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On Friday, February 24, FHWA Administrator Shailen Bhatt circulated new guidance on implementation of the Infrastructure Investment and Jobs Act and the Administration’s priorities. The memo supersedes guidance issued in December 2021 that was the subject of some confusion and concern, particularly with respect to the way it discouraged construction of new highway capacity projects. ACEC had joined several industry stakeholder groups in encouraging Administrator Bhatt to rescind the previous memo (view resource). Congressional Republicans had repeatedly raised questions about the earlier guidance in oversight hearings with Secretary Buttigieg and threatened legislative action to challenge the memo because it was viewed as a regulatory measure directing State DOT decisions on use of formula funds that were not consistent with the flexibilities afforded in the law.
The new guidance is available here.