DOT Rescinds Guidance to States – Here’s What It Means for Planners

The U.S. Department of Transportation (DOT) has begun to undo a variety of directives from the Biden administration that guided state and federal infrastructure investments.

The changes are intended to comply with new Executive Orders related to energy, climate change, and equity. There are potentially troubling signs that progress through the Bipartisan Infrastructure Law in areas like biking, pedestrian safety, and environmental impacts may be jeopardized.

Rescinded Guidance Deprioritizes Equity and Environmental Factors

DOT Secretary Sean Duffy rescinded two Federal Highway Administration memos providing guidance to states, issued in 2021 and 2023, both titled "Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America." The rescinded memos directed states to take several factors into account when making decisions to use flexible formula-based funds.

The memos urged states to address issues such as safety for vulnerable populations, greenhouse gas emissions, system electrification, equity, and 'fix it first' approaches. DOT noted that the previous policies aimed at prioritizing equity and environmental goals will no longer apply to funding decisions or guidance to states.

The agency has also initiated review of a range of grants that were previously made, but have not yet been fully obligated or contracted. These grants, which some estimates suggest total more than $50 billion, could potentially be rescinded if deemed out of compliance with new Trump administration policy.

Bike and pedestrian advocates have raised alarms that things like "bicycle infrastructure" could be flagged for recissions. Some active transportation programs, like Transportation Alternatives, should be protected from potential reviews given their statutory direction and scope. However, other discretionary programs, such as Safe Streets and Roads for All (SS4A), Rebuilding American Infrastructure with Sustainability and Equity (RAISE)/Better Utilizing Investments to Leverage Development (BUILD) grants, and Reconnecting Communities and Neighborhoods (RCN), could all come under scrutiny.

Learn how to take action when federal grant funding are in jeopardy