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January 19, 2022

President Joseph R. Biden, Jr.


The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Dear Mr. President,

Thank you for the letter your Infrastructure Implementation Coordinator Mitch Landrieu sent all governors on
January 4, 2022. The passage of the Infrastructure Investment and Jobs Act (IIJA) presents a great opportunity
for needed infrastructure investment in our states as long as the funds are distributed efficiently, quickly, and
appropriately. As governors, we understand the importance of long-term planning, balanced budgets, and
certainty to the projects in our states best suited for investment. We agree that the programs should get
implemented “without unnecessary bureaucracy and delay to rebuild America’s infrastructure” and that red tape
should not stand in the way. Therefore, we ask that your Office of Management and Budget (OMB), along with
the respective federal agencies charged with implementation, draft regulations and guidance that defer to the states
and confer maximum regulatory flexibility.

For the IIJA to be implemented successfully, states have to be partners to the federal government. It is critical
that your administration consider how simplicity, flexibility, and finality will drastically improve states’ ability to
develop and implement plans. Excessive consideration of equity, union memberships, or climate as lenses to view
suitable projects would be counterproductive. Your administration should not attempt to push a social agenda
through hard infrastructure investments and instead should consider economically sound principles that align with
state priorities.

As we have seen with the implementation of the American Rescue Plan Act, restrictions on the use of funds not
authorized by statute are unacceptable and often struck down by the judicial system. In addition, excessive new
discretionary grant programs would circumvent the planning process and potentially cause a programming and
oversight nightmare. Further, there should be no overlap or inconsistencies with discretionary grant programs and
existing funding programs.

A clear example of federal overreach would be an attempt by the Federal Highway Administration to limit state
widening projects. Attempts to disallow the use of funding for general purpose widening projects would be biased
against rural states and states with growing populations. Such a policy fails to recognize the differences in state
priorities, funding levels, and transportation networks across the 50 states. Future prosperity would be negatively
impacted if this anti-growth mindset is allowed to become firmly entrenched in transportation policy.

To truly drive economic growth through the IIJA, your administration should remove any and all burdensome
regulations and immediately implement the codification of “One Federal Decision.” Wherever possible, eliminate
January 19, 2022
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duplicative regulatory reviews and ensure more efficient coordination of reviews at the federal, state, and local
levels of government. Meaningful reform to the Army Corps of Engineers, National Environmental Policy Act
(NEPA), and other permitting rules would drastically improve our ability to coordinate successful programs.
Innovation, not regulation, is the driver of economic growth, and we ask that your administration not burden states
or private sector partners with needless and unnecessary red tape. In addition to workforce shortages, supply
chain disruptions, and sky-high inflation, your administration should halt any attempts to put unnecessary
restrictions on the sourcing of labor or materials that would exacerbate the crises our industries are already facing.

We stand ready to work with OMB to ensure the IIJA has long lasting improvements to our nation’s infrastructure
and is not plagued with burdensome, administrative red tape that will counter actual improvements and meaningful
results.

Sincerely,

Governor Bill Lee Governor Kay Ivey Governor Mike Dunleavy


State of Tennessee State of Alabama State of Alaska

Governor Asa Hutchinson Governor Brian Kemp Governor Eric Holcomb


State of Arkansas State of Georgia State of Indiana

Governor Mike Parson Governor Greg Gianforte Governor Pete Ricketts


State of Missouri State of Montana State of Nebraska

Governor Chris Sununu Governor Doug Burgum Governor Kevin Stitt


State of New Hampshire State of North Dakota State of Oklahoma

Governor Henry McMaster Governor Kristi Noem Governor Spencer Cox


State of South Carolina State of South Dakota State of Utah

Governor Mark Gordon


State of Wyoming
January 19, 2022
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cc: Mitch Landrieu


Senior Advisor and Infrastructure Implementation Coordinator
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Acting Director Shalanda Young


Office of Management and Budget
Executive Office of the President
725 17th Street NW
Washington, DC 20503

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