[Congressional Record Volume 165, Number 130 (Wednesday, July 31, 2019)]
[Senate]
[Pages S5232-S5235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AMERICA'S TRANSPORTATION INFRASTRUCTURE ACT

  Mr. CRAMER. Mr. President, I rise in support of America's 
Transportation Infrastructure Act, a bill we on the Environment and 
Public Works Committee passed today with broad bipartisan support.
  Our bill contains the largest funding commitment in highway 
authorization history. It grows our economy, enhances roads and 
bridges, improves transportation safety, provides funds for necessary 
projects, eliminates burdensome regulation, promotes innovation, and 
invests in our Tribal lands.
  Our EPW chairman said the bill would ``enhance quality of life for 
the American people.'' Our ranking member believes it ``can endure the 
test of time and keep up with the evolving demands of a 21st century 
global economy.'' I agree with their assessments, and as a member of 
EPW, I want to thank them for listening to our priorities and 
collaborating with each of us.
  Since joining the Senate, I have expressed my belief that divided 
government presents an opportunity for us to achieve mutually 
beneficial goals and shared priorities. President Trump, myself, and my 
colleagues in Congress agree on the importance of investing in our 
Nation's infrastructure. This bill is proof that we can work together 
in a bipartisan manner on behalf of the American people.
  More important to me than anything else, our bill also reflects the 
needs of my great State of North Dakota. As a large, rural State built 
on agriculture and natural resources, we are heavily dependent on our 
extensive infrastructure to get our goods to market.
  With that in mind, I reached out our stakeholders at the very 
beginning of this process to glean their perspective. We received input 
and comments from city, county, and State leaders all across North 
Dakota, expressing their desire for a highway bill reauthorization that 
works best for our State.
  Their feedback and priorities are very important to me. While not all 
of their requests were met, I want them to know their voices were 
heard. I therefore ask unanimous consent for the letters they sent us 
to be printed in the Record following my remarks. Full versions of each 
of these letters can be found on my official website.
  I would also like to take a moment to highlight some of the bright 
spots in this legislation.
  First, at $287 billion, this is the largest highway bill in history. 
North Dakotans made it clear: They want a real, long-term 
reauthorization that does more than the status quo and actually invests 
in our Nation's roads and bridges.
  Second, 90 percent of these funds will be distributed to the States 
via formula. That is incredibly important to large, rural States like 
North Dakota. The main point for the formula is that it is not 
discretionary, so it is stable, predictable funding. We have vast 
stretches of highway system that contribute greatly to our Nation's 
economy and interstate commerce. Despite our low population, rural 
States contribute much more to the highway

[[Page S5233]]

trust fund per capita than the rest of the country. In fact, North 
Dakota contributes the second-highest amount in the country, roughly 
three times more than the national average. Maintaining the current 
formula ensures that our State's contribution is acknowledged and paid 
back to us in a consistent, unbiased manner, giving North Dakota steady 
funding and flexibility to prioritize our State's transportation needs. 
Under this bill, transportation funding has increased by 27 percent, 
and North Dakota will receive nearly $1.6B over the next 5 years, which 
is welcome news to communities back home.
  Third, America's Transportation Infrastructure Act cuts duplicative 
bureaucracy and delays. For example, it establishes a 2-year goal for 
completing environmental reviews, a 90-day timeline for related project 
authorizations, and an accountability system for these projects. The 
days of half-finished, never-ending projects must come to an end. This 
bill acknowledges that. In addition, it creates incentives to lessen 
carbon emissions and reduce methane and energy waste.
  Lastly, this bill includes multiple provisions I have cosponsored. 
The bipartisan USE-IT Act, which incentivizes carbon capture and 
sequestration technology, is included in this package; as is the 
Addressing Underdeveloped and Tribally Operated Streets Act, also known 
as the AUTOS Act. The AUTOS Act, sponsored by my fellow North Dakota 
Senator John Hoeven, would enhance the safety of roads on Indian lands 
by streamlining existing federal procedures and increasing funding to 
repair roads and bridges in Indian country.
  These just a few of the many aspects of our bill that I support. As I 
have demonstrated, this is an economically and environmentally 
responsible bill. It is a win for both sides of the aisle and a win for 
our country. I am grateful our committee was able to take this first 
step today. I encourage my colleagues in the House to be proactive and 
to avoid procrastinating until the last minute. Let's work together in 
a timely fashion to deliver a significant investment for the 
constituents we serve.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      North Dakota


                                 Department of Transportation,

                                  Bismarck, ND, February 19, 2019.
     North Dakota Priorities for the Next Highway Reauthorization 
         Bill.

     Hon. Kevin Cramer,
     U.S. Senator,
     Washington, DC.
       We appreciate the opportunity to offer input on State 
     Priorities for the Next Highway Reauthorization Bill. Below 
     are some key points that are vital to transportation funding 
     in North Dakota:
       Good infrastructure, including highways, is important for 
     North Dakota and the National Economy.
       This allows us to efficiently move agricultural, 
     manufactured goods, and energy resources to the World 
     Markets.
       Increases personal mobility.
       Promotes safety.
       Legislation must provide North Dakota a share of Federal 
     highway and transit formula programs at least as high as it 
     receives today.
       Current level of fuel tax is not keeping up with current 
     needs.
       Allows states the flexibility to efficiently plan for 
     projects.
       Disruptive technologies (such as autonomous, hybrid, and 
     electric vehicles) are having an impact on the amount of 
     revenue generated for transportation.
       Congress should continue the distribution of highway and 
     transit program funds by formula.
       Historically, North Dakota has not been very successful 
     with the competitive grant programs such as TIGER and INFR.
       Maintain the current Federal share of project cost--80/20
       Public Private Partnerships do not work well in rural 
     states.
       The volume of traffic in rural states is not sufficient to 
     attract private investments in roadway infrastructure 
     (Example: tolling).
     Thomas K. Sorel,
       Director.
     Doug Burgum,
       Governor.
                                  ____

                                    Associated General Contractors


                                              of North Dakota,

                                  Bismarck, ND, February 22, 2019.
     Hon. Kevin Cramer,
     U.S. Senator,
     Washington, DC.
       Dear Senator Cramer: Thank you for the opportunity to offer 
     input from our industry's perspective for the next Highway 
     Reauthorization Bill. We applaud the EPW committee for 
     beginning these discussions in advance of the 2020 expiration 
     of the current act.
       A strong federal program is extremely important for a 
     geographically large, yet sparsely populated state like North 
     Dakota. We simply do not have the critical mass to fund the 
     transportation needs on the state/local level. The current 
     administration seems to favor more local participation but 
     we'd caution the utilization of that to areas where it is 
     feasible and not a detriment. Maintaining the 80/20 federal/
     state split is imperative in a state like North Dakota. 
     Private Public Partnerships work well in higher populated 
     areas but they are not feasible in North Dakota. Being rural 
     and sparsely populated make the interest of private entities 
     nearly impossible.
       Funding solutions for the Highway Trust Fund is long 
     overdue and the user fee of the federal motor fuel tax has 
     not generated enough revenue to fund the program for many 
     years. It needs to be addressed and soon. The 18.4 cent per 
     gallon user fee has not been adjusted since October 1, 1993. 
     The decline in buying power is obvious and better fuel 
     economy of vehicles adds to the issue. Adjusting it upward 
     makes sense to us. Looking at any other funding options 
     should also be considered. In our previous Congressional 
     visits, AGC of ND representatives have provided an outline of 
     various funding options. We'd be happy to provide them again 
     if interested.
       With an extremely short construction season in our state, 
     it is imperative the ND DOT have certainty for federal 
     funding payments. Too many times, there have been delays in 
     sending the appropriations which lead to delayed bid 
     lettings. This is a significant issue in North Dakota. Even a 
     one month delay can cause huge issues in completing projects.
       Those are but a few of our suggestions for the next federal 
     highway act. Again, we appreciate the opportunity to submit 
     them and are available for any subsequent deliberations.
           Sincerely,
                                                      Russ Hanson,
     Executive Vice President.
                                  ____

                                       Fargo-Moorhead Metropolitan


                                       Council of Governments,

                                         Fargo, ND, March 6, 2019.
     Subject: Reauthorization of the Surface Transportation Bill 
         (Highway Bill).

     Senator Kevin Cramer,
     Washington, DC.
       Dear Senator Cramer: The Fargo-Moorhead Metropolitan 
     Council of Governments (FM Metro COG) is very grateful for 
     the opportunity to share our input about the surface 
     transportation reauthorization bill. Metro COG serves as the 
     Metropolitan Planning Organization (MPO) for all 
     jurisdictions within the Fargo-Moorhead metropolitan area, 
     including the North Dakota jurisdictions of Cass County, 
     Fargo, Horace, and West Fargo, which are all in our 
     designated urbanized area, and Casselton, Mapleton, and 
     Harwood in our metropolitan planning area. In Minnesota, our 
     urbanized area includes Clay County, Dilworth and Moorhead, 
     and our metropolitan planning area includes Glyndon, Hawley, 
     Sabin, and Barnesville.
       On behalf of the local jurisdictions, Metro COG administers 
     the federal transportation and transit planning funds 
     received by our metropolitan area and carries out the 
     required planning and programming activities to ensure a 
     continuing, cooperative and comprehensive transportation 
     planning process. Our Policy Board, made up of local elected 
     officials and planning commissioners, represents citizens 
     throughout the metropolitan area.
       Our input on reauthorization of the surface transportation 
     bill is as follows:
       Retain the Transportation Management Area population 
     threshold of 200,000. The Highway Bill establishes the 
     population threshold of 200,000 as the point when an MPO may 
     choose to become a Transportation Management Area (TMA). Our 
     metropolitan area has exceeded this threshold, and will 
     officially exceed it as part of the 2020 Census. Local 
     leaders have been looking forward to becoming a TMA and 
     carrying out planning efforts that will ensure we are in good 
     standing to meet TMA requirements when the time comes. We ask 
     that the threshold remain at a population of 200,000.
       Retain local flexibility in the use of Highway Funds. The 
     FAST Act allowed our local leaders a certain amount of 
     flexibility in the use of Highway Funds to help update our 
     transit vehicle fleet, thus keeping the fleet in manageable 
     condition from a maintenance standpoint. This flexibility has 
     been seriously considered and put to good use in our 
     metropolitan area, and we request that this type of 
     flexibility be retained, and even increased in the 
     reauthorization bill.
                                  ____



                                            The City of Fargo,

                                         Fargo, ND, March 1, 2019.
     Re Surface Transportation Reauthorization Bill (Highway 
         Bill).

     Senator Kevin Cramer,
     Washington, DC.
       Dear Senator Cramer: I sincerely appreciate the opportunity 
     to weigh in on the next surface reauthorization bill. The 
     City of Fargo has benefitted tremendously from the current 
     Highway Bill and I strongly support future appropriations. 
     Previous allocations have allowed the City of Fargo, and the 
     North Dakota Department of Transportation, to construct and 
     maintain high quality, long lasting infrastructure projects 
     by allocating upwards of $10-$12 million annually. Without 
     these necessary funds, our citizens and businesses would be 
     burdened with

[[Page S5234]]

     higher taxes that would undoubtedly stifle our growth.
       As Fargo continues to grow and moves closer to becoming a 
     TMA (Transportation Management Association) long term, 
     sustainable funding sources will become even more important 
     to ensure that Fargo remains an economic engine in the Upper 
     Midwest. For this reason, among many others, I strongly 
     support the reauthorization of the next surface 
     transportation bill.
           Sincerely,
                                             Brenda E. Derrig, PE,
     City Engineer.
                                  ____



                                          City of Valley City,

                                   Valley City, ND, March 4, 2019.
     Hon. Kevin Cramer,
     Washington, DC.
       Dear Senator Cramer: Please accept this letter as an 
     expression of support on behalf of the City of Valley City, 
     North Dakota for the reauthorization of the FAST Act. In my 
     role as Mayor, I can attest to the fact that infrastructure 
     funding in this critical piece of legislation is a key 
     priority for our community.
       At the local level, the City of Valley City funds 
     transportation infrastructure projects through special 
     assessments and the local renew and replacement fund (R&R) 
     which uses sales tax and utility fees. To fund critical 
     infrastructure projects, voters passed a half percent sales 
     tax in 2007 and an additional half percent sales tax in 2010 
     for a total of 1 percent dedicated for infrastructure.
       At the state level, legislators are currently debating a 
     bill commonly referred to as ``Operation Prairie Dog'' which 
     is designed to provide and increase in infrastructure funding 
     to townships, cities, and counties throughout North Dakota.
       Despite significant efforts on the local and state level to 
     fund infrastructure needs, federal funding can often be the 
     determining factor as to whether or not many projects come to 
     fruition. Uncertainty of federal funding after the FAST Act's 
     expiration in 2020 would jeopardize many needed 
     infrastructure projects in our community and state. Many 
     communities, like the City of Valley City, rely on the 
     certainty provided by an entirely funded and planned federal 
     highway bill. A reauthorization would mean more projects in 
     North Dakota and the City of Valley City can proceed, much 
     like those successfully funded by the current FAST Act and 
     other authorizations preceding it.
       Our community has seen success through critical programs 
     such as the Transportation Alternatives (TA) program and the 
     Urban Grant Program (UGP), and we urge you to consider those 
     programs favorably throughout the legislative process.
       Should you have any questions, please do not hesitate to 
     contact me via telephone at (701) 845-8126 or email at 
     [email protected].
           Sincerely,
                                                    Dave Carlsrud,
     Mayor, City of Valley City.
                                  ____



                                          City of Grand Forks,

                               Grand Forks, ND, February 27, 2019.
     Re Grand Forks comments on Federal Transportation 
         Authorization.

     Senator Kevin Cramer,
     Washington, DC.
       Dear Senator Cramer: Thank you for this opportunity to 
     provide comment on the reauthorization of Federal Surface 
     Transportation bill and, particularly, your personal interest 
     and involvement through the Senate Environment and Public 
     Works Committee. We support the committee's current strategy 
     and timeline of reauthorization and we thank you for your 
     work and support.
       Infrastructure needs are a national issue and we support 
     ongoing efforts that ensure transportation programs are 
     right-sized to meet the needs of all cities, particularly 
     those of the size and needs of North Dakota cities.
       I would also like to take this opportunity to express how 
     very fortunate we are to have such solid partners in the 
     NDDOT and we continue to strive to maintain this productive 
     partnership that best coordinates resources from federal, 
     state and local partners.
       Our comments will follow three key themes: 1) Continue to 
     deregulate and encourage further confluence of programs to 
     provide for effective and efficient use; 2) Continue and 
     expand funding and funding flexibility that best leverages 
     federal, state and local--as well as private Investment. 3) 
     Continue focus on local transit solutions that promote a 
     state of good repair and levels of service necessary to North 
     Dakota communities.
       1) Continue to deregulate and encourage further confluence 
     of programs to provide for efficient use.
       We applaud the streamlining policy changes of the current 
     bill, Fixing America's Surface Transportation (FAST) Act. 
     These include environmental review deregulation efforts that 
     reduce project costs and the consolidation of ``siloed'' 
     programs that enables more effective flexibility.
       Deregulation can go further, for example, by providing for 
     categorical exclusions for projects under $5M, which would 
     cover a significant number of projects in cities across North 
     Dakota.
                                                 Michael R. Brown,
     Mayor.
                                  ____



                                           City of West Fargo,

                                West Fargo, ND, February 27, 2019.
     Re Surface Transportation Reauthorization.

     Hon. Kevin Cramer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Cramer: It is with great pleasure that I write 
     to you to share the City of West Fargo's thoughts related to 
     the reauthorization of the next Highway Bill. Of course 
     funding to continue to support our residents and the great 
     amount of commerce coming out of our City is important, but 
     we'd like to inform you of items within the current bill that 
     we'd like to improve upon.
       Increased Emphasis on Land Use: Planning funds are under 
     tremendous scrutiny by the Federal Highway Administration. 
     The City feels strongly that land use decisions are closely 
     tied to transportation and the use of Consolidated Planning 
     Grants (CPG) in transportation studies should reflect this. 
     We believe that by decreasing the focus and weight on levels 
     of service of roadways and increasing the focus on adjacent 
     land use and increased connections will result in a more 
     reliable transportation network.
       Increased Funding Opportunities for Infrastructure 
     Preservation, Replacement and Maintenance: The City believes 
     that although growth requires extending infrastructure, it is 
     the ongoing maintenance and upkeep of existing infrastructure 
     that will burden our citizens. Increasing funding 
     opportunities will help strengthen our City and allow us to 
     thrive into the future.
       Continue Accelerated Project Delivery: The FAST Act helped 
     streamline the environmental review process. The City 
     recommends that this continue and that any opportunity to 
     improve upon this may be explored under the reauthorization.
       We thank you for your time and consideration and offer our 
     assistance in any way we can as your work on this Committee.
           Sincerely,

                                             Bernie L. Dardis,

                                   President of the Board of City,
     Commissioners.
                                  ____


                               Memorandum


                                       Cass County Government,

                                West Fargo, ND, February 25, 2019.
     Re FHWA Reauthorization Bill for the FAST Act.

     Senator Kevin Cramer,
     Washington, DC.
       Senator Cramer: As the Cass County Engineer, I am writing 
     to request your support for the reauthorization of the FAST 
     Act. Across the country our counties face infrastructure 
     challenges every day. In North Dakota, our counties have 
     varying issues from traffic around key hub cities, oil 
     impacts, and agricultural impacts. On top of these issues, we 
     face aging infrastructure with deficient bridges and roads 
     designed to the safety standards of the 1960s. To improve our 
     aging roads and bridges, I support our National Association 
     of Counties and Association of County Engineers in these 
     three core areas:
       Ensure that the federal highway program dedicates funds for 
     rural secondary infrastructure, particularly bridges.
       Make the federal permitting process simpler and more 
     streamlined.
       Ensure the long-term certainty and solvency of the Federal 
     Highway Trust Fund.
       I have also been working with our neighboring counties 
     across the Red River for a critical bridge replacement 
     project. We have three bridges along the Red River in eastern 
     North Dakota/northern Minnesota have fallen into severe 
     disrepair, and our county will need help to procure funds for 
     the building new structures. Our group of counties applied 
     for a federal grant through the Competitive Highway Bridge 
     Program. I ask for your support in innovative project 
     delivery through project bundling and other FHWA Every Day 
     Counts Initiatives.
       If you have questions, please call Jason Benson.
           Sincerely,
                                               Jason Benson, P.E.,
     Cass County Engineer.
                                  ____

        American Council of Engineering Companies of North Dakota,


                              Bismarck, ND, February 28, 2019.

     Re Highway Bill Input Request.

     Hon. Senator Kevin Cramer,
     Washington, DC.
       Dear Senator Cramer: We appreciate the opportunity to 
     outline our industry priorities for the reauthorization of 
     federal surface transportation programs. We are very pleased 
     that your seat on the Senate Environment & Public Works 
     Committee gives you a strong position to advocate for our 
     state's needs.
       As you know, in December 2015, Congress passed and the 
     President signed into law the Fixing America's Surface 
     Transportation (FAST) Act, providing five years of increased 
     funding to support highway and transit projects, while 
     including new reforms to enhance program efficiency. The 
     American Council of Engineering Companies (ACEC) at both the 
     state and national levels strongly supported this landmark 
     legislation, and now urges Congress to remain focused on 
     adopting long-term, sustainable funding mechanisms to support 
     the nation's transportation needs.
       ACEC North Dakota represents the consulting engineering 
     firms in the state by assisting members to provide better 
     consulting

[[Page S5235]]

     engineering services for their clients while protecting the 
     public welfare and safeguarding the ethical standards of 
     consulting engineers in private practice. We strive to 
     cooperate with public bodies and other organizations in 
     matters of common interest. In addition, ACEC North Dakota 
     acts as a resource among our members to provide cooperative 
     services and support the advancement of the science and 
     practice of engineering.
       We believe that infrastructure is the backbone of the 
     United States economy. A modern and efficient transportation 
     system is critical for protecting public health and safety, 
     promoting commerce, and providing mobility. It enables 
     manufacturers to get their products to market, farmers to get 
     their goods to stores, and workers to get to jobs.
       Unfortunately, our nation's infrastructure remains severely 
     deficient and underfunded. According to the U.S. DOT, 
     improving the condition and performance of highways and 
     bridges requires $142 billion annually from all levels of 
     government; we currently invest approximately $105 billion. 
     North Dakota faces a $2.5 billion shortfall from 2018 to 
     2023.
                                  ____

                                                   Bismarck Mandan


                           Chamber  EDC

     Hon. Senator Kevin Cramer,
     Washington, DC.
       Dear Senator Cramer: Please accept this letter as an 
     expression of my personal support for the reauthorization of 
     the FAST Act.
       In my role as President of the Bismarck Mandan Chamber EDC, 
     I actively advocate for probusiness policies on behalf of the 
     organization's more than 1,200 members. Recently, those 
     efforts have focused on infrastructure funding.
       At the local level, voters in the City of Bismarck recently 
     passed a half-cent sales tax increase dedicated to arterial 
     roadway construction. And at the state level, legislators are 
     currently debating a bill dubbed ``Operation Prairie Dog'' 
     designed to provide even more infrastructure funding to 
     townships, cities and counties around North Dakota.
       However, there is concern among all of the aforementioned 
     political subdivisions regarding the uncertainty of federal 
     funding after the FAST Act's expiration in 2020. That's 
     because while we can attempt to fund projects to the best of 
     our ability at the local and state level, the federal match 
     for some projects can mean the difference between them 
     happening or not.
       The certainty provided by an entirely funded and planned 
     federal highway bill means more projects in Bismarck-Mandan 
     can proceed. As a result, we provide badly needed 
     infrastructure improvements for our residents and continued 
     opportunity for our businesses.
       Should you have any questions, please do not hesitate to 
     contact me via telephone at (701) 223-5660 or email at 
     [email protected].
           Sincerely,
     Brian Ritter.

                          ____________________