S.Hrg.119-342

1[Senate Hearing 119-342]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-34256                       HEARING ON THE ROAD AHEAD:7                          PROPOSALS TO IMPROVE8                AMERICA'S TRANSPORTATION INFRASTRUCTURE910=======================================================================1112                                HEARING1314                               before the1516                  SUBCOMMITTEE ON TRANSPORTATION AND17                            INFRASTRUCTURE1819                                 of the2021                              COMMITTEE ON22                      ENVIRONMENT AND PUBLIC WORKS2324                          UNITED STATES SENATE2526                    ONE HUNDRED NINETEENTH CONGRESS2728                             FIRST SESSION29                               __________3031                             JULY 23, 202532                               __________3334  Printed for the use of the Committee on Environment and Public Works3536                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3738        Available via the World Wide Web: http://www.govinfo.gov39                               ______4041                 U.S. GOVERNMENT PUBLISHING OFFICE424363-199                    WASHINGTON : 20264445               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS4647                    ONE HUNDRED NINETEENTH CONGRESS4849                             FIRST SESSION5051             SHELLEY MOORE CAPITO, West Virginia, Chairman52            SHELDON WHITEHOUSE, Rhode Island, Ranking Member5354KEVIN CRAMER, North Dakota           BERNARD SANDERS, Vermont55CYNTHIA M. LUMMIS, Wyoming           JEFF MERKLEY, Oregon56JOHN R. CURTIS, Utah                 EDWARD J. MARKEY, Massachusetts57LINDSEY O. GRAHAM, South Carolina    MARK KELLY, Arizona58DAN SULLIVAN, Alaska                 ALEX PADILLA, California59PETE RICKETTS, Nebraska              ADAM B. SCHIFF, California60ROGER F. WICKER, Mississippi         LISA BLUNT ROCHESTER, Delaware61JOHN BOOZMAN, Arkansas               ANGELA D. ALSOBROOKS, Maryland62JON HUSTED, Ohio6364               Adam Tomlinson, Republican Staff Director65                  Dan Dudis, Democratic Staff Director6667                              ----------6869           Subcommittee on Transportation and Infrastructure7071                  KEVIN CRAMER, North Dakota, Chairman72             ANGELA D. ALSOBROOKS, Maryland, Ranking Member7374CYNTHIA M. LUMMIS, Wyoming           JEFF MERKLEY, Oregon75JOHN R. CURTIS, Utah                 EDWARD J. MARKEY, Massachusetts76LINDSEY O. GRAHAM, South Carolina    MARK KELLY, Arizona77DAN SULLIVAN, Alaska                 ALEX PADILLA, California78PETE RICKETTS, Nebraska              ADAM B. SCHIFF, California79ROGER F. WICKER, Mississippi         LISA BLUNT ROCHESTER, Delaware80JOHN BOOZMAN, Arkansas               SHELDON WHITEHOUSE, Rhode Island81SHELLEY MOORE CAPITO, West Virginia      (ex officio)82    (ex officio)8384                            C O N T E N T S8586                              ----------87                                                                   Page8889                             JULY 23, 202590                           OPENING STATEMENTS9192Cramer, Hon. Kevin, U.S. Senator from the State of North Dakota..     193Alsobrooks, Hon. Angela D., U.S. Senator from the State of94  Maryland.......................................................     39596                               WITNESSES9798Orn, Chad M., P.E., Deputy Director of Planning, North Dakota99  Department of Transportation...................................     5100    Prepared statement...........................................     8101    Responses to additional questions from:102        Senator Cramer...........................................    17103        Senator Ricketts.........................................    19104Jones, Marisa, Managing Director, Policy and Partnerships, Safe105  Routes Partnership.............................................    21106    Prepared statement...........................................    24107    Responses to additional questions from Senator Cramer........    30108Biddle, Samantha, Deputy Secretary, Maryland Department of109  Transportation.................................................    33110    Prepared statement...........................................    36111    Responses to additional questions from:112        Senator Cramer...........................................    41113        Senator Ricketts.........................................    43114        Senator Alsobrooks.......................................    44115116                          ADDITIONAL MATERIAL117118Letter to Senator Cramer and Senator Alsobrooks from Associated119  Builders and Contractors.......................................    63120121                       HEARING ON THE ROAD AHEAD:122                          PROPOSALS TO IMPROVE123                AMERICA'S TRANSPORTATION INFRASTRUCTURE124125                              ----------126127                        WEDNESDAY, JULY 23, 2025128129                               U.S. Senate,130         Committee on Environment and Public Works,131         Subcommittee on Transportation and Infrastructure,132                                                    Washington, DC.133    The subcommittee met, pursuant to notice, at 3:02 p.m. in134room 562, Dirksen Senate Office Building, Hon. Kevin Cramer135(chairman of the subcommittee) presiding.136    Present: Senators Cramer, Alsobrooks, Capito, Lummis,137Ricketts, Markey.138139            OPENING STATEMENT OF HON. KEVIN CRAMER,140          U.S. SENATOR FROM THE STATE OF NORTH DAKOTA141142    Senator Cramer. The subcommittee will come to order.143Welcome, everybody. This is a good hearing and a good day to144discuss the road ahead for us.145    We are going to discuss proposals to improve America's146transportation infrastructure It is an important conversation.147At the EPW committee we have already begun to work to craft148surface transportation reauthorization legislation for next149year. Senator Alsbrooks and I were just visiting about the fact150that the last one passed out of the full committee unanimously.151    Beginning work early, working together, having good152witnesses helps us get to a similar goal next year.153    I commend Chairman Capito for her leadership in getting the154reauthorization process started early and look forward to155working with her, Ranking Member Whitehouse, Ranking Member156Alsobrooks, and of course, my fellow committee members, to get157a comprehensive bipartisan bill across the finish line next158year.159    I also want to thank our witnesses for being here today. We160appreciate your time and the insight that you bring to this161conversation.162    As we look toward reauthorization, I am focused on163advancing practical, bipartisan policies to improve the164efficiency and the effectiveness of the Federal Aid Highway165Program. Just last week, as I said, the full committee held an166excellent hearing with State and local leaders, including167Governor Kelly Armstrong, where we talked about lessons learned168in the past bills, and what improvements we can make.169    Some programs, like the Bridge Formula program, are a high170priority for all States. Governor Armstrong spoke in strong171support of it, and it is no surprise that his department of172transportation is echoing the same strong support in your173testimony today.174    There are areas where we can improve. In recent months, I175have introduced three bills which I believe are all central to176this effort. Each reflects direct input from States and is177about getting better outcomes without increasing the cost to178the taxpayers.179    From the start, however, I need to emphasize the importance180of preserving and strengthening formula funding. As I like to181say, without well-maintained roads like Interstate 94, which is182made possible because of formula funding, durum wheat from183North Dakota would never become pasta in New York or Los184Angeles. Wouldn't that be too bad?185    North Dakota is a low population State but the No. 1186producer of many agricultural commodities. Our roads can not be187relegated to gravel and expected interstate commerce to thrive.188The formula system works, and this committee has demonstrated a189strong commitment to it over the years.190    In terms of reforms, I think we need to take a serious look191at reducing the regulatory burden on States and cutting red192tape within the highway program. My bill with Senator Kelly,193the Transportation Asset Management Simplification Act, does194just that. It is a small fix, but it supports a much bigger195goal of cutting through the bureaucracy so that every dollar196goes further.197    Another key principle is providing more flexibility for198States to make investment decisions that better reflect local199needs. Greater flexibilities for States is precisely the goal200of the Highway Funding Transferability Improvement Act which I201was happy to partner with Ranking Member Alsobrooks on. It is a202great idea, and I am glad we are working on it.203    Her forward-thinking approach on this issue is refreshing.204The concept of our legislation is remarkably simple, a lot of205good things are, but very important. States know their needs206better than any bureaucrat in Washington. North Dakota and207Maryland's constituents have very different transportation208needs.209    It turns out, when Washington gets out of the way, States210know exactly what to do and deliver real results. Both Ranking211Member Alsobrooks and I served in State and local government. I212think both of us would agree: the best partnerships with the213Federal Government were those where we could be the most nimble214to meet the constituents' needs.215    I always tell Federal witnesses and nominees, please do not216impose Federal mediocrity on our State's excellence. This bill217embodies that basic principle, and I look forward to hearing218from both our State witnesses on this point.219    Safety, however, must also be at the forefront of220everything we do. Specifically, making it safer and easier for221kids to walk and bike to school. I introduced the Safe Routes222to School Improvement Act with Senator Markey to do just that.223It builds on bipartisan work that we did with Senator Cortez224Masto in the last highway bill that expanded the Safe Routes to225School program to include high schools.226    This bill would enhance access to the program for227communities in North Dakota and nationwide by requiring States228to have a specific point of contact to help local communities229navigate the program and understand what exactly they are230eligible to apply for. This will improve infrastructure like231sidewalks and street crossings so that children who walk or232bike to school are safer in that process.233    Last, this committee must do more to accelerate project234delivery. There is a lot to be said on this, but I just note235that the One Federal Decision framework was a strong concept236under the last bipartisan infrastructure bill. It has not237delivered the results we had hoped for. As part of238reauthorization, at a minimum, we need to revisit the OFD and239make real improvements.240    I look forward to working with my colleagues to get this241bill done, and to ensure the highway program is more responsive242to the needs of our constituents.243    With that, I turn the microphone over to my friend, my244colleague, the Ranking Member, Senator Alsobrooks, for her245maiden leadership speech. Too much?246    Senator Alsobrooks. No, perfect.247    [Laughter.]248249         OPENING STATEMENT OF HON. ANGELA ALSOBROOKS,250            U.S. SENATOR FROM THE STATE OF MARYLAND251252    Senator Alsobrooks. Thank you so much. No pressure.253    Good afternoon, everyone, and welcome to today's hearing on254the Senate Environment and Public Works Subcommittee on255Transportation and Infrastructure. Chair Cramer, I want to256start by thanking you so much for your partnership in leading257this subcommittee and in holding this hearing.258    North Dakota and Maryland are very different States, both259with unique needs. Yet we have been able to work together to260identify shared priorities and I am most grateful for that.261    I also want to thank Chair Capito and Ranking Member262Whitehouse for their continued leadership as we both look to263build out the next Surface Transportation Reauthorization Bill.264    I would like to also acknowledge today the presence of the265family of Sarah Debbink Langenkamp. Her widow is here, Dan266Langenkamp, and her father, Dirk Debbink. I had an opportunity267to speak to both of them and to talk, and they are here with us268today.269    Sarah was tragically killed in August 2022 while riding her270bike along River Road in Bethesda. Her family has worked271diligently to turn this tragedy into action and has been272advocating to make roads safer for cyclists since her death. I273want to thank you both for the work that you are doing, and274thank you as well, so much, for joining us today.275    Regular reauthorization is crucial to supporting our276highways, bridges, public transit, and rail. However,277transportation policy is as much about fixing our roads as it278is about safety, equity, sustainability and economic279opportunities.280    Last, I would like to thank our witnesses. Thank you so281much for joining us today. I especially want to thank Samatha282Biddle, from the Maryland Department of Transportation, for283being here today.284    Maryland is at the forefront of transportation innovation,285actively leveraging Federal investments to upgrade critical286infrastructure like the Chesapeake Bay Bridge, and expand287commuter rail services. The State's commitment to safer roads288and cleaner transit shows how targeted policies can drive real289progress in modernizing transportation systems.290    The condition of our infrastructure directly affects the291safety, mobility, and quality of life of all Marylanders.292During this discussion, we hope to shed some light on how we293can empower States to deliver safer, more efficient and294effective and modern transportation infrastructure.295    As we get ready for the next surface transportation296reauthorization, it is also important to reflect on the297progress underway, thanks to the Bipartisan Infrastructure Law.298In Maryland, as is the case across the Country, BIL investments299have been transformative. The State has received approximately300$4.6 billion in highway and bridge funding, and is set to301receive nearly $30 million for highway safety initiatives.302    Additionally, Maryland secured $63 million to expand EV303charging networks, laying the groundwork for a cleaner, more304modern transportation system.305    Despite this progress, there is so much work left to be306done. Structurally deficient bridges are a real concern and307nearly half of our major local and State maintained roads are308considered to be in either poor or mediocre condition. These309poor road conditions cost Maryland $12 billion annually and310lead to traffic congestion, which increases commuter time and311delays the movement of goods, hurting the supply chain.312    Transit systems face funding gaps, even as demand grows.313This is why the bills being discussed today are so important.314Enhancing the Safe Routes program will protect pedestrians and315cyclists and foster more walkable communities. Expanding the316flexibility to transfer Federal highway funds between programs317will allow Maryland and other States to better align resources318with their most urgent transportation needs, whether it is319building resilient infrastructure, modernizing transit320facilities, or addressing safety.321    This is why I was proud to join Senator Cramer in322introducing the Highway Funding Transferability Improvement323Act. This bill increases the allowable transfer of Federal324highway funds between eligible programs from 50 percent to 75325percent. By increasing flexibility, this bill provides State326DOTs with greater flexibility to make investment decisions that327reflect their unique needs and evolving priorities.328    Enhanced flexibility also enables States to repurpose329dollars that might otherwise go unspent, reducing the volume of330unobligated funds and empowering States to tailor331transportation investments at the local level. How we invest in332and manage our infrastructure directly impacts economic growth333and safety.334    We all rely on safe roads, efficient transit and resilient335bridges to get to work, access health care, and support local336businesses. If we fail to modernize our systems or respond to337State-specific needs, that is a lost opportunity in so many338ways.339    I look forward to discussing these bills and more with our340three witnesses today. Thank you.341    Senator Cramer. Excellent. Thank you so much.342    We are honored to have three outstanding witnesses and343grateful for this irrevocable gift of your time this afternoon.344    I will start out by introducing Chad Orn. It is my honor to345introduce Chad. He is the Deputy Director for Planning at the346North Dakota Department of Transportation. Thank you for being347here and for all the work that you do on behalf of the people348of our State.349    Chad has served at the DOT for over two decades. He holds350key leadership roles across multiple divisions, including351design, programming and environmental services. He is a352registered professional engineer and holds a civil engineering353degree from North Dakota State University. He also served 12354years in the North Dakota Army National Guard as a heavy355equipment operator. Thank you for that service.356    Chad knows first-hand how critical transportation357infrastructure is to everyday life in North Dakota. He358literally works every day to ensure our roads and bridges meet359the needs of communities across the State. I could not ask for360a better voice to bring a boots-on-the-ground perspective to361this hearing.362    You, Chad, have been an outstanding resource to me and to363my staff. I am grateful to have you here today to share your364insight with the members of the committee. For those of you who365need interpretation services to understand this North Dakota366accent, I am here to help.367    [Laughter.]368    Senator Cramer. Thanks again for being here, Mr. Orn. The369microphone is yours.370371 STATEMENT OF CHAD M. ORN, P.E., DEPUTY DIRECTOR OF PLANNING,372           NORTH DAKOTA DEPARTMENT OF TRANSPORTATION373374    Mr. Orn. Thank you for your kind remarks, Chairman Cramer.375    Chairman Cramer, Ranking Member Alsobrooks, and members of376the subcommittee, I am Chad Orn. I am the Deputy Director of377Planning for the North Dakota Department of Transportation.378Thanks for the opportunity to present to you today.379    To improve the Federal highway program, we recommend380various ways of making it more flexible. First, we strongly381support S. 1733, by you, Chairman Cramer, and Senator382Alsobrooks, to increase from 50 percent to 75 percent a State's383ability to transfer funds between highway program elements.384Transportation issues in North Dakota and Maryland differ.385Enhanced transferability helps each State address386transportation challenges.387    We also support S. 1167, the Transportation Asset388Management Reform bill by Senators Cramer and Kelly. This bill389would have States continue quality asset management work, but390without annual interruption to present detailed asset data to391Federal Highway. This would save North Dakota and other States392numerous hours of work without decreasing the end benefits to393their citizens.394    Next, we support the Safe Routes Improvement Act, S. 1828,395by Senators Cramer and Markey, which seeks to improve the396safety of young people traveling to and from school. We397understand that the bill allows a State to add the398responsibility of a safe routes to school coordinator to399another official in the State DOT. That flexibility is400important, as State DOTs evolve their approaches to improve401safety in working with local governments.402    Next, Congress should distribute a greater percentage of403highway program dollars to States by formula. The record is404clear that highway formula dollars are invested in projects405more promptly than are discretionary dollars, expediting the406public benefit.407    Similarly, we strongly recommend that Congress continue a408formula bridge program in the reauthorization bill, preferably409as contract authority and as part of Title 23.410    Finalizing a Federal discretionary grant to a State takes411way too long. Last week, North Dakota Governor Armstrong412explained to the full committee that there is one North Dakota413project that has been over 2 years since the project was414selected by the U.S. DOT. However, I am happy to report that I415did sign the grant agreement yesterday. I am now hoping for a416quick agency execution on that grant agreement, good news.417Legislation should require a simplified and faster approach to418finalizing these grant agreements.419    Further, Congress should eliminate, shrink or reform slow-420obligating programs and redirect those funds to effective421formula programs. Notably, we support robust highway program422funding. This is well justified by needs as a response to423inflation and because a program is beneficial.424    Highway investments provide benefits in every State,425including safety benefits. In our rural State, highways serve426the Nation's agriculture, energy production industries, and427national landmarks, including Theodore Roosevelt National Park428and the soon-to-be-opened Theodore Roosevelt Presidential429library. Long distance movements across States like North430Dakota benefit people and commerce in other States at both ends431of the movement.432    We support expediting environmental review. This is433important to States with a short construction season, as North434Dakota has. A 1-month delay in our State can become a delay of435a year if it means a project can not be started until the next436year.437    We support the SPEED Act, S. 1894, by Senator Lummis and438co-sponsored by you, Chairman Cramer, Senator Kelly and Senator439Barrasso. This bill adjusts for inflation a current law440provision that provides a categorical exclusion under NEPA for441projects of limited financial assistance.442    We also support more opportunities for an environmental443review role for States, including States unwilling to waive444their sovereign immunity.445    In addition, Congress should establish an efficient Buy446America waiver process. A State or local government must be447able to file a waiver request that will be promptly published448for comment, and after a comment period, promptly followed by a449Federal highway decision.450    This is a real concern for North Dakota. North Dakota DOT451sent its first of five Buy America waiver requests to use452submersible pumps to FHWA in 2023. To date, there has been no453decision on our waiver request.454    In closing, we have presented today various ways to make455the highway program more flexible and effective. We submit that456all States and their people and businesses will benefit if457reauthorization legislation includes these reforms.458    That concludes my statement. I will be pleased to respond459to questions.460    [The prepared statement of Mr. Orn follows:]461462[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]463464    Senator Cramer. Excellent. Thank you very much.465    Our next witness is Marisa Jones, the Managing Director of466the Safe Routes Partnership. The Safe Routes Partnership is a467non-profit focused on making it safer and easier for children468to walk and bike to school, and in daily life.469    It says kids here; I am going to call them children,470because Coach John Wooden chewed me out so badly one time for471referring to young people as kids, because he said, they are472baby goats.473    [Laughter.]474    Senator Cramer. You would know that, in Wyoming, I am sure.475Forgive my diversion.476    Marisa leads the organization's national policy and477advocacy work, which includes the Safe Routes to School and478Safe Routes to Parks programs. She works closely with Congress,479Federal agencies and local partners to enhance access to480schools, parks, and everyday destinations for communities481across the Country.482    They were very helpful in passing bipartisan legislation483from last year that I talked about with Senator Cortez Masto,484during the last highway reauthorization bill. The Safe Routes485to All Schools Act, which opened up the Safe Routes to School486program to high schools, rather than just elementary and middle487school facilities.488    I appreciate their support as we work to make the program489even more accessible.490    Marisa holds a bachelor of arts in community health and491political science from Tufts University, and a master's in492social policy from the University of Pennsylvania. I am glad493she could be here today to share how her perspective on ways we494can improve safety for youth across the Country can be495addressed by this committee.496    We thank you, and you are free to give your opening497statement.498499         STATEMENT OF MARISA JONES, MANAGING DIRECTOR,500                    SAFE ROUTES PARTNERSHIP501502    Ms. Jones. Thank you so much, Chair Cramer, Ranking Member503Alsobrooks, and members of the committee.504    My name is Marisa Jones, and I am the Managing Director of505the Safe Routes Partnership, the non-profit organization506leading the Safe Routes to School movement. We represent over507800 partner organizations, 425 local Safe Routes to School508programs, and champions in every State.509    Thank you for the opportunity to speak today about the510urgent need for Safe Routes to School, its proven success, and511the critical role State level Safe Routes to School512coordinators play in making these programs work, especially in513small and rural communities.514    I will start with the problem. Traffic crashes are the515second leading cause of death for children in the U.S., and516more than 20 percent of these fatalities involve children517walking or biking. Millions of children rely on walking and518biking to school each day, especially as school bus driver519shortages continue.520    Even among people with other options, children want to walk521and parents want to let them. They are held back by unsafe522conditions.523    This is a persistent but not intractable problem. Safe524Routes to School is a proven solution that has already been525successful in every State in the Nation. Safe Routes to School526helps communities build crosswalks, sidewalks and calm traffic527near schools, tailored to each community's local context. It528teaches traffic safety skills and organizes events like Walk to529School Day.530    Here is how we know Safe Routes to School works. Since531Congress created the program 20 years ago, a study of 18 States532showed a 13 percent decline in fatalities in areas with Safe533Routes to School projects. Nationwide, child pedestrian534fatalities dropped 34 percent after the Federal program's535launch.536    The program is also cost effective. For every dollar537invested, Safe Routes to School returns $4.40 in safety and538health benefits. Safe Routes to School programs cost just539between $13 and $35 per student per year, compared to nearly540$700 per year to bus a child to school.541    Since its creation in 2005, Safe Routes to School has542enjoyed bipartisan support in Congress, and has proven543successful in urban, suburban, and rural communities.544    Let me be clear: Safe Routes to School is not just a big545city program. Rural communities participate at rates that546reflect their share of the population.547    Let's look at North Dakota to see examples of how Safe548Routes to School works in small towns and rural States.549Gwinner, with a population of 924, built sidewalks to connect550the Southside neighborhood to the school. Even Medora, with551just 155 residents, completed a Safe Routes to School project,552connecting the high school to Main Street. Minot, which I553concede is a big city for North Dakota, but it has been working554on Safe Routes to School for 15 years, guided by a district-555wide plan and building sidewalk connections to schools556annually, funded through the Transportation Alternatives557Program.558    These local priorities support statewide safety goals.559North Dakota's strategic highway safety plan recommends Safe560Routes to School to address the over-representation of young561drivers in crashes. Its Vision Zero school program trains562student leaders as traffic safety Ambassadors, and the State's563Vulnerable Road User Safety Assessment prioritizes children and564school zones for investment.565    Despite these successes, Safe Routes to School is only566active in a fraction of the communities that could benefit from567it. When Safe Routes to School was a standalone Federal568program, every State was required to have a State coordinator,569so they all have experience with the program and with this570role.571    Since 2012, half of States no longer have coordinators, and572the difference is clear. States with coordinators are573consistently better at helping communities, especially small574and rural communities, secure Federal dollars for on-the-ground575safety improvement, align local and State priorities, and576ensure timely project delivery.577    Massachusetts is an example of what is possible with a578dedicated statewide coordinator, which it has had since 2005.579Last year alone, it served more than 590,000 students including580a focus on rural schools, and it now leads the Nation in high581school programming, thanks to Senator Cramer's 2021 legislation582expanding program eligibility.583    To realize the full safety and transportation benefits of584this program, I urge the committee to include the Safe Routes585Improvement Act, Senate Bill 1828, in the upcoming surface586transportation reauthorization. This bipartisan bill, sponsored587by Senators Cramer and Markey, reinstates the requirement for588each State to have a Safe Routes to School coordinator. It does589not require new funding. States can us existing TAP or Highway590Safety Improvement program funds.591    Senate Bill 1828 builds on a 20-year track record of592success and helps Federal transportation dollars reach the593communities they are meant to serve, large and small, rural and594urban. In the face of tragic roadway fatalities, especially595among kids, we need a proven solution. Safe Routes to School596works to save lives and a statewide coordinator is what makes597it work well.598    Thank you for the opportunity to be here today. I look599forward to working with you to advance this lifesaving600legislation.601    [The prepared statement of Ms. Jones follows:]602603[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]604605    Senator Cramer. Thank you for your statement.606    I now recognize Ranking Member Alsobrooks to introduce her607Deputy Secretary.608    Senator Alsobrooks. Thank you.609    It is my pleasure to introduce Samantha Biddle, the Deputy610Secretary of Transportation for the State of Maryland. Ms.611Biddle has over 17 years of dedicated service in the612transportation industry in both the public and private sector.613Her extensive experience includes 8 years in the private sector614as a transportation planner, before joining the State Highway615Administration for 6 years in various planning, strategic and616leadership roles.617    Prior to being named Deputy Secretary, Ms. Biddle spent 3618year in executive positions within the Secretary's office. She619is a graduate of the University of Delaware, and is an American620Institute certified planner.621    I am excited to have her here with us today to testify on622behalf of Maryland, and to engage in this productive623conversation.624    Ms. Biddle, thank you so much for being here.625626   STATEMENT OF SAMANTHA BIDDLE, DEPUTY SECRETARY, MARYLAND627                  DEPARTMENT OF TRANSPORTATION628629    Ms. Biddle. Chairman Cramer, Ranking Member Alsobrooks and630distinguished members of the subcommittee, thank you for the631opportunity to be before you today.632    My name is Samantha Biddle, and I am honored to serve as633Deputy Secretary of the Maryland Department of Transportation.634    Maryland is unique among State DOTs in that it is an635integrated, multi-modal agency comprising five modal636administrations: aviation, port, motor vehicles, State highway637and transit, and supporting authorities such as the Maryland638Transportation Authority and WMATA. This structure empowers us639to deliver comprehensive, coordinated transportation solutions640that connect every corner of our State, fostering economic641vitality and quality of life.642    As Congress undertakes deliberations on the next surface643transportation authorization, we urge that the principles of644predictability, flexibility, equity, safety, and sustainability645remain at the forefront. These are not abstract ideals, they646are foundational to our stewardship and the daily realities of647our diverse communities.648    Let me begin with S. 1733, the Highway Funding649Transferability Improvement Act. We appreciate the bipartisan650leadership of both Chair Cramer and Ranking Member Alsobrooks.651    S. 1733 proposes a pragmatic but consequential enhancement,652increasing the Federal transferability cap on highway funding653from 50 percent to 75 percent. This simple adjustment will654afford State DOTs, including Maryland, critical latitude to655deploy Federal resources where they yield the highest return,656empowering evidence-based, data-driven investment decisions657that respond to dynamic local needs.658    For Maryland, this flexibility means that we can more659efficiently direct funds toward multi-modal, community, and660climate priorities, modernizing our transit fleets, investing661in electric vehicle infrastructure, bolstering port resiliency662and advancing targeted safety improvements in historically663underserved communities.664    As it stands, MDOT flexes approximately $45 million665annually for transit capital and expects to leverage even more666with additional flexibility. Given our multimodal nature, we667have also been able to provide the Port of Baltimore with $40668million in PROTECT funding to advance resiliency efforts at our669public marine terminals.670    However, for flexibility to effectively support multi-671modalism, I also encourage the committee to ensure consistency672and transparency in eligibility determination for all USDOT673modal agencies and transparent prioritization processes for674State-led Federal aid investments.675    S. 1733 is a value multiplier, not a zero sum game. It676allows us to strategically advance a safe, reliable and677sustainable transportation system.678    Turning next to S. 1828, the Safe Routes Improvement Act,679for which we thank Senators Cramer and Markey for their680leadership. This bill is personal to me. As of the start of my681career with the Maryland State Highway Administration, I had682the opportunity to administer and support the Safe Routes to683School Program and other local public agency programs. I also684served as a consultant Safe Routes to School coordinator for685the Sate of Delaware prior to joining State service, when I686worked as a consultant.687    This bipartisan legislation addresses a critical national688imperative, safeguarding our most vulnerable road users,689particularly children and pedestrians near schools. By690requiring every State DOT to designate a Safe Routes to School691coordinator, S. 1828 ensures ongoing institutional commitment692to pedestrian and bicyclist safety as an agency priority.693    In Maryland, we have witnessed first-hand the694transformative impact of Safe Routes to School initiatives from695high visibility crosswalks and traffic calming in Montgomery696County to sidewalk enhancements near transit in Prince Georges697County and trail connectivity in Western Maryland. Formalizing698the Safe Routes Coordinator will allow us to optimize699interagency collaboration, target resources more effectively,700and advance the Vision Zero goal of eliminating roadway701fatalities.702    This bill also aligns with our own efforts to encourage703local governments in our State to utilize Safe Routes funding704to bring on local coordinators.705    As Congress contemplates the next reauthorization, MDOT706respectfully submits the following priorities to your707consideration.708    Sustained, predictable formula funding. MDOT urges Congress709to preserve robust formula based Federal funding across all710transportation modes, including highways and transit and711aviation, and to examine ways to ensure predictable funding for712rail and port infrastructure.713    Such funding is critical for ensuring long-term planning714and stability and enables States to make strategic multi-modal715investments that address local and regional transportation716needs.717    MDOT encourage the enactment of measures such as S. 944,718the Sarah Debbink Langenkamp Active Transportation Safety Act.719This legislation would strengthen eligibility for safety-720oriented projects in high need communities by allowing proven721interventions such as protected bike lanes to receive full722Federal cost share.723    This reform is particularly important for jurisdictions724that may lack the resources for local matching funds but have725significant safety needs.726    We also appreciate Senator Alsobrooks and the Maryland727delegation for their leadership on this critical bill.728    In conclusion, the diversity and scale of Maryland's729transportation system requires adaptive, flexible tools and730empowered Federal and State and local partners. S. 1733 and S.7311828 exemplify forward-leaning policy equipping States to make732strategic, evidence-based investments that deliver safety733opportunities and equity for all.734    Chairman Cramer, Ranking Member Alsobrooks, and members of735this esteemed subcommittee, thank you for your leadership and736vision in shaping a modern, resilient transportation future for737our Nation. I appreciate the opportunity to contribute738Maryland's unique perspective, and look forward to answering739your questions.740    [The prepared statement of Ms. Biddle follows:]741742[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]743744    Senator Cramer. Thank you, Ms. Biddle.745    Thank you all for your opening statements. While all746intuitively know there is a big difference between Maryland and747North Dakota, you two have painted a perfect picture of just748how very different they are. We do not have a lot of ports749there.750    [Laughter.]751    Senator Cramer. Another State that does not have a lot of752ports besides North Dakota would be Nebraska. I am going to753turn for the questions first to Senator Ricketts, Senator/754Governor Ricketts, who I am sure brings a very important755perspective to this. We will star with you, Governor.756    Senator Ricketts. Great, thank you very much, Chairman757Cramer, and Ranking Member Alsobrooks. Thank you very much for758holding this important hearing on surface transportation, and I759look forward to working with the committee to be able to really760craft another great bill.761    I want to say thank you to our witnesses for sharing your762testimony here. I look forward to talking about some of the763reforms that we can do to be able to help.764    Deputy Director Orn, Deputy Secretary Biddle, both of you765talked about flexibility in your opening remarks. When I was766Governor of Nebraska, that is one of the things that we767certainly would have appreciated as well, is more flexibility.768As the Chairman pointed out, States are different. They have769different needs.770    We do not have a lot of ports in Nebraska, either, as a771matter of fact. We do have rail, we do have surface772transportation, we have runways for our airports and all that.773    One of the other things I did when I was Governor is774implemented a process improvement methodology called Lean Six775Sigma. Again, what that did is help us streamline how we issued776our construction permits, as an example.777    What Lean Six Sigma does, we can not change any sort of778environmental regulations, but we can change the process for779how we do it. We were able to cut the number of steps to issue780an air construction permit down from 110 steps to 22 steps, and781by doing that, we took the time to issue a permit from 190 days782to 65 days, again, without changing any sort of environmental783regulations along those lines, but providing better service to784our taxpayers.785    That is just one example of some of the improvements we can786make with regard to looking at the next transportation bill, is787how we can find ways to streamline the operations. Modern788transportation projects are complex. That does not mean they789should be impossible. In fact, that is one of the things we790need to do is make sure we are delivering on these important791projects.792    For both of you, I would like you each to take a turn, talk793to me about what are some specific ideas that you would like to794see us do here in Washington that would help with flexibility795in your Sates.796    Deputy Director Orn, we will start with you.797    Mr. Orn. Thank you, Senator, for the question.798    Flexibility is very key to what we do in North Dakota. We799are a fairly small State. Our Federal funds are toward the800bottom end that we receive.801    Flexibility gives us the ability to get those dollars to802the priorities that we need across the State. The more803flexibility you have, the better we can react to where the804needs are. The more programs that are created, the more divvied805up the dollars are, and it makes it harder to react and get the806dollars where they are needed.807    Flexibility is a critical thing for us in our State. Also,808regulations, any simplification of regulations that this809committee can do, especially when it comes to like modernizing810some of the dollar amounts and some of the things in the811regulation because of inflation. I believe the report says812since 2021, inflation has increased by 80 percent. That has813been a real burden on States.814    Anything that could be done there to modernize some of the815numbers that we have in regulations, so they are more in line816with what we experience today.817    Senator Ricketts. Again, if I understand you correctly, you818are saying there are dollar thresholds below which you have819flexibility, or more flexibility. Because of inflation, you820would like to see those dollar thresholds taken up, back to at821least where they were in 2021 relatively, 2021 dollars, even to822just keep it even with where it was before. Is that accurate?823    Mr. Orn. That is correct, Senator, because then that824provides more flexibility to hire, you have some of those825thresholds. A few less regulations and requirements that we826have to get into, which can speed up the delivery of the827projects.828    Senator Ricketts. Right.829    Deputy Secretary Biddle?830    Ms. Biddle. Than you so much for the question. I think for831us, being a multimodal transportation department, having the832ability to flex funds between our modes has been an integral,833really success story for us, especially as we tend to have834perhaps fluctuating needs and priorities across our various835modes.836    We are responsible for our highway network as well as our837transit system and the ability to flex those funds as critical838State of good repair needs arise makes the delivery of projects839inherently more expeditious. Knowing that we have that840flexibility allows us to look at some of these projects that841often have large price tags and figure out how we can program842those over a number of years with real certainty, knowing that843these projects are multi-year and can involve a combination of844different funding sources.845    Having the reliability and sustainability of the ability to846flex funds between our modes grants more certainty throughout847our department, and then also to our various partners and848stakeholders who rely on us to deliver projects really across849those various modes.850    Senator Ricketts. Great. Thank you very much.851    I have 13 seconds left, so other questions I will submit852for the record. Thank you, Chairman, for letting me go, because853I have to go preside here in a little bit.854    Senator Cramer. We do not want you to be late for that.855    Senator Ricketts. No, they will get mad at me.856    Senator Cramer. Whoever is in the chair will certainly get857mad at me, probably.858    Thank you. I am glad we could accommodate that.859    I now turn it over to Ranking Member Alsobrooks for her860questions.861    Senator Alsobrooks. Thank you so much, Mr. Chair.862    I will begin with just a few questions. Mr. Orn, I will863start with you. Many rural counties, including in Maryland,864face unique challenges when it comes to roadway safety, like865long stretches of unlit roads, we have limited emergency866response and aging infrastructure. I am just curious about how867you believe current Federal safety programs are able to provide868States, and whether you believe they are, with sufficient869flexibility to effectively address these unique risks?870    Mr. Orn. Senator Alsobrooks, first thing, I want to thank871you for your leadership on the Highway Funding Transferability872Improvement Act.873    To answer your question, that is a real concern, because in874North Dakota, the majority of our serious injuries and875fatalities do happen off the State system, they do happen on876our local roads. We did go through a series of a local road877safety plan where we developed low cost improvements for our878locals that they could look at, and that would be highway879lighting, striping, that was signing, that was some low cost880things that they could submit.881    I think something that Samantha mentioned over there about,882that we run into with some of the locals, is coming up with a883match, with the safety program being a 90-10 then the locals884have to come up with that 10 percent match. Given the885flexibility then, we are always all about flexibility. If you886can set that flexibility up to that 100 percent, that is a887maximum, does not mean you have to do it, but then it gives you888your ability for counties and areas that maybe can not afford889to do that match, but improvements are very much needed in890those areas.891    Senator Alsobrooks. I know North Dakota is expected to892receive I believe about $87 million, and this is under the893IIJA, from the Highway Safety Improvement Program. I am just894wondering how well you believe the program is helping your895State address the particular safety challenges that you face in896rural areas, and what safety results has it been producing for897your State?898    Mr. Orn. Senator, we develop our 5-year highway safety899plan, and we follow through to that. I also mentioned, we have900local road safety plans. I am very proud to say that in North901Dakota, we had our lowest fatalities in over 20-plus years.902Plus we have had our lowest fatality rate since we have been903tracking it.904    I believe the safety improvements, the low-cost safety905improvements and the other improvements that we are doing and906working with our partners is extremely effective in our State.907We are very proud of that record.908    Senator Alsobrooks. Are there any improvements that you909think Congress should consider for the Highway Safety910Improvement Program, and Safe Streets and Roads for All to911better serve the specific needs of rural communities?912    Mr. Orn. Other than increasing the match up to that 100913percent, anything we can do to provide more flexibility to914those locals is a good thing. Any way we can help them.915    Senator Alsobrooks. I'm going to go back to Ms. Biddle. We916are so proud, Maryland is leading the way in modernizing917transportation by utilizing Federal funding to improve918essential infrastructure. I wonder if you can tell us how919increasing the allowable transfer of Federal highway funds920between eligible programs would help address the most pressing921transportation needs in Maryland and in other States.922    Ms. Biddle. Thank you, Senator. To expand upon some of my923previous comments, I think one of the other things to keep note924of is, as projects are being developed, we certainly start off925with what the core purpose and need of any given project is.926    Once we start to work more closely with stakeholders,927including communities, we can also identify other things that928we can add or enhance to a project to make it from maybe a929simple resurfacing or restriping project to add in something930like a bike lane or some other accommodation for vulnerable931users.932    Oftentimes, there can be some red tape associated with, as933the scope of a project may advance or develop. Maintaining the934flexibility of the Federal funds allows us to keep the935federally eligible portion of our project to be at its highest936maximum component, meaning that our State match might be more937like an 80-20 rather than something lower than that.938    The more and more that we can do to leverage Federal funds939the more projects we can do and the more that we can do to940deliver and expand the type of impactful solutions that we want941to do across the State.942    Senator Alsobrooks. Thank you so much.943    Senator Cramer. I now recognize Senator Lummis from another944State in the middle of the continent with no ports, but a lot945of similarities to North Dakota. Although we have removed all946our mountains.947    [Laughter.]948    Senator Lummis. I want to thank the witnesses for coming949today and sharing your expertise with the committee.950    I also want to commend the family of the deceased young951person who was on her bike. In Grand Teton National Park, in my952State, a young biker, a young girl was also killed by a car953that was looking at the Tetons and not at the road. It changed954the transportation in the park, accommodating bicycles on a955different route that separated them and just made everything so956much safer for both bicyclers, runners and cars alike.957    Your work will be recognized and my condolences that that958is what brought you here today. Thank you for coming.959    Mr. Orn, thank you for representing not just North Dakota960today but North and South Dakota, Idaho, Montana, Wyoming. Our961States are very similar in terms of the way that highways962dominate our transportation needs. You stated it well in your963testimony, you said benefits, the rural States' highways964benefit the entire Nation. Specifically note how truck965movements traverse States like North Dakota, South Dakota, and966Wyoming.967    Indeed they do. My gosh, on Interstate 80, it is just one96818-wheeler after another. They are backed up when our weather969gets really bad.970    The significance of these ribbons of highway just cannot be971overestimated in terms of their ability to serve the Nation and972its needs for goods and services as they transverse the973continent.974    You also highlighted the reality of our short construction975seasons, where delays of even a month can delay for a year the976construction of certain segments of highway. Just like in977Wyoming, weather is the news on a lot of days in our State.978    I want to thank you for recognizing that without a strong979network of roads in the rural west, access to many of our980Country's great national parks and other scenic wonders would981be limited as well as the tremendous transportation needs our982Country has that are fulfilled by our highways.983    Mr. Orn, I want to start by asking about formula dollars.984Your testimony notes that formula dollars deliver projects more985promptly than discretionary dollars.986    Can you elaborate on this?987    Mr. Orn. Senator Lummis, yes, I sure can. First of all, I988just want to thank you for your work and leadership on the989SPEED Act. That is very much appreciated.990    Senator Lummis. Thank you.991    Mr. Orn. Formula funds, they are the most successful way to992get dollars to the benefit of the people as quickly as993possible. States are able to set their priorities and set those994projects and then there is a known factor that we know what we995are going to do and what we are going to be able to do.996    Unlike discretionary grants, where you apply and it is997somewhat of a waiting game and it is unknown, are we going to998get it, are not we going to get it, with formula funds we plan,999we get it ready, we get the shovels in the ground. It is a way1000to get, like I said, the benefits to the public as quickly as1001possible. That is who we all work for.1002    States have proven over the years that formula funds work,1003and they are the most efficient driver and the most efficient1004way to deliver those projects.1005    Senator Lummis. Thank you.1006    You referenced the SPEED Act. I do want to dive into that a1007little bit. It doubles the categorical exclusion thresholds for1008highway projects. Currently, smaller transportation projects1009can bypass lengthy environmental reviews if they receive less1010than $6 million in Federal funds or costs under $35 million in1011total with Federal funds under 15 percent.1012    The SPEED Act would double those numbers. You noted that1013skyrocketing inflation has eroded the benefits of today's cat1014ex exclusions.1015    Can you speak to how doubling the categorical exclusion1016thresholds would accelerate project delivery in States like1017ours?1018    Mr. Orn. Senator, by doubling that to catch up with1019inflation, like you said, it is less regulation, it is less1020environmental, NEPA that you have to go through for a very1021simple project that has been proven time after time after time.1022    That gives the ability, especially with using formula1023funds, gives you the ability to get that project out there that1024much quicker, and then we do not miss that construction season.1025It just will save States, small States like ours, a lot of time1026and a lot of resources that can be focused on other areas.1027    Senator Lummis. Yes, time is sure money in our States. You1028are planning and trying to execute and do the bidding, open the1029bids, execute the contracts, and my gosh, in the intervening1030timeframe, the project has gone up and now you can not even1031afford to do it anymore.1032    Thank you for your testimony. I have other questions. I1033will submit them for the record or if there is another round I1034might ask them in person.1035    Thank you all for being here.1036    Senator Cramer. Thank you.1037    We have been joined by the Chairman of the full committee,1038Senator Capito. I am going to turn to her now for her1039questions.1040    Senator Capito. Thank you, Mr. Chairman, and I thank the1041Ranking Member. Thank all of you for being here, for being our1042guests. I know Senator Cramer has said that we are marching to1043hopefully a reauthorization of the Surface Transportation bill1044in a timely fashion, timely being September 2026. We are1045working well together as a committee.1046    My history here on Capitol Hill has been that1047transportation infrastructure is something that we all have, we1048have our different needs, but we all have need for. I think1049flexibility, Senator Lummis asked the first question I was1050going to ask of Mr. Orn on the flexibilities that you get by1051having the formula funding. We are not going to build highways1052in West Virginia the same way that you build them in North1053Dakota or in Maryland or other places. There are just different1054needs.1055    I will leave that question, because I think you answered1056that. I think one of the things that is important as well is1057permitting reform. I think if we can get bipartisan permitting1058reform, all of these dollars will go a lot faster and a lot1059more efficiently than they have in the past.1060    Do you, Mr. Orn, or Ms. Jones or Ms. Biddle, have any1061comment on permitting reform?1062    Ms. Biddle. Thank you, Chairman. I believe that permitting1063reform is certainly something that we look forward to1064supporting, both at the Federal level as well as at the State1065level. As you know, the permitting landscape is not exclusive1066just to that that we navigate with all of our Federal partners.1067    In the State of Maryland, we have robust State permitting1068as well. Coordinating the sequence of permits on both levels1069can be extremely challenging. To Mr. Orn's experience, I do not1070share in the extremely limited construction season that he1071does, but I know that even in the State of Maryland, we have1072things like when we can do work in and around streams and1073things like that.1074    Senator Capito. Right.1075    Ms. Biddle. We really want to make sure that we are taking1076advantage of every available window. Often times it can be1077things like permits that can cause us to perhaps lose a moment1078of opportunity. Certainly I agree with you in that sense.1079    Senator Capito. Thank you.1080    Let me followup with you on another question. Our member,1081Senator Cardin, was on this committee for a very, very long1082time, when the Francis Scott Key Bridge was hit and destroyed,1083and lost lives, very tragic event, he pushed really, really1084hard to up the Federal share of rebuilding that facility 1001085percent. I talked to the Governor a couple of times, and the1086sheer will of Senator Cardin got that done.1087    It was a big lift for him. Could you update me on the1088status of the reconstruction of the bridge and tell us the1089current cost estimate for that bridge?1090    Ms. Biddle. Of course, and thank you as well for your1091support and partnership as we navigated what was truly a1092catastrophic event that we are still working through.1093    We are still immensely grateful for the Federal support.1094This is a critical national freight and supply chain asset. We1095pledge to remain transparent with this committee in providing1096updates as well as in our efforts to seek reimbursement to the1097responsible party for that bridge collision.1098    To date, the Francis Scott Key Bridge rebuild has been1099environmentally cleared, and we have a progressive design-build1100contractor in place and preconstruction and demolition1101activities are currently underway. We appreciate the strong1102continued partnership with the Federal Highway Administration1103as well as our progressive design-build contractor, Kiewit.1104    We do remain on track to deliver a new bridge as quickly1105and cost effectively as possible. However, due to the1106progressive design-build process that we are working through we1107are currently still tracking the initial cost estimate from1108earlier on in the bridge rebuild process.1109    Senator Capito. Do you recall what the initial estimate of1110that project was?1111    Ms. Biddle. Yes, $1.7 to $1.9 billion.1112    Senator Capito. Right. What is it now?1113    Ms. Biddle. We have not updated that cost estimate yet. We1114are working closely with our progressive design builder as we1115work past 50 percent design and look forward to----1116    Senator Capito. When you say progressive, is that the name1117of the company?1118    Ms. Biddle. No, that is the type of procurement and1119construction delivery method. We brought on a contractor that1120also has a designer with them. We are working hand in hand on1121the design while we execute some early works packages.1122    Senator Capito. A design-build?1123    Ms. Biddle. A design-build, but the cost was not negotiated1124up front. As we work through the design process, we will then1125get to the point at which we will negotiate the final cost of1126the bridge.1127    Senator Capito. I could just kind of add a little spice to1128the meeting here, I can say this was one of the reasons that1129the cost share by the State, many of us though the State should1130still contribute in the usual way, whether it was 90-10 or 80-113120. Really there is no incentive for the State now to contain1132the cost, because there is no cost to the State. It is all1133federally funded. You are going to have to get more funding1134than what you have initially.1135    I am just going to use that as an example of why the cost1136share by States is an essential part of highway building. You1137have to have some skin in the game. Understanding that this was1138an exceptional case, which is why we made the exception for1139that.1140    The last thing I would say, because I am sitting next to1141Senator Lummis, is truck parking. Have you talked about it yet?1142    Senator Lummis. No.1143    Senator Capito. No? No, she has not talked about truck1144parking.1145    Senator Lummis. Can you imagine?1146    Senator Capito. No. Well, I think all of us realize that1147this is a real problem. You can see them stacking up on the1148exit and entry lanes as you are getting onto an interstate1149highway.1150    I support her in realizing that this is a real issue.1151Although our State just got some truck parking dollars that1152were just allotted by the USDOT. Hopefully we will be1153increasing our truck parking.1154    When you park in West Virginia you might as well ride the1155rapids and do everything else that you can do while you are1156there. Just putting a little--yes, tourist trap.1157    Anyway, thank you, Mr. Chairman, for having me. Thank you,1158Senator Alsbrooks.1159    Senator Cramer. Thank you.1160    Yes, truck parking, how could we get through a hearing1161without truck parking coming up?1162    Thank you. I am going to try to summarize a couple of1163issues and then just sort of seek your best counsel on the1164acceleration issue, how we can move things quicker. Whether it1165is permitting reform, as has been referred to, sequence, I1166think you referenced it, Ms. Biddle. I talked about it in my1167opening statement, the One Federal Decision.1168    Let me ask a more open-ended question of Mr. Orn and Ms.1169Biddle. What other specific suggestions would you have for us1170to accelerate delivery, perhaps through regulatory reforms or1171other things, while maintaining the integrity of regulatory--or1172environmental protection? I believe there are ways to, not cut1173corners, but streamline the process by going--you talked about1174sequencing it.1175    Whether it is consecutive versus concurrent, or One Federal1176Decision I thought would work better, frankly. Maybe it was a1177matter of execution. Maybe just ask each of you for your open-1178ended thoughts on ideas that we could try to put into this1179bill.1180    Mr. Orn. Thank you, Chairman Cramer. As you mentioned, One1181Federal Decision has been a point of frustration for us in1182North Dakota. It sounded like a great deal when it came out; it1183just has not happened to our benefit. We have had a couple of1184cases with the FRA and with the U.S. Army Corps of Engineers1185where we were forced into a different type of environmental1186document because they would not accept the Federal Highway cat1187ex.1188    That is one area we would strongly approve that you1189strengthen to make that better.1190    Increasing any regulations due to the inflation, as I1191mentioned before, a couple more areas in that area, other than1192the cat ex, value engineering is another thing. We need a raise1193on that for value engineering.1194    Then the definition of a major project, that is another1195thing. Even here in North Dakota, we are right up against the1196definition of a major project, which, when I first started at1197DOT, I would have never ever thought we would be anywhere near1198to what the cost of a major project, but just to the sheer1199costs of projects were right there.1200    Something that North Dakota, that is really near and dear,1201is data collection, excessive data collection. We are a rural1202State, we have limited resources, we have low numbers of1203people, or staff that we have. We are doing a lot of data1204collection, we are data-rich, information-poor. A lot, a lot of1205data. What do we do with it all?1206    With that, we would look at, let's make sure that the data1207that we are out spending our time collecting and spending the1208dollars and resources is truly needed, that it is not1209duplicated across other programs. There are other areas, where1210like I mentioned before, those resources could be put to use.1211    Senator Cramer. I appreciate that.1212    On the One Federal Decision issue, it sounds to me like the1213concept is sound, but the execution was not. Maybe all the1214decisionmaking agencies that were not the one took exception.1215Sounds like a discipline issue.1216    Anyway, Ms. Biddle, your open-ended thoughts on where we1217might find some shortening of the timeframe a little bit.1218    Ms. Biddle. Certainly. I share with Mr. Orn's concern and1219experience on just the definition of a major project as well.1220From a State based experience, the way that we define certain1221major projects in our State used to be a $10 million threshold.1222When I first started with the State that could get you maybe1223even like part of an interchange. These days it is a single1224resurfacing project on a single road.1225    Just being realistic about kind of how far we are able to1226stretch these dollars and then how that does also apply to the1227permitting landscape I think is a needed adjustment in thinking1228through those sorts of thing.1229    I think just for us, we have seen I think some success with1230some of the existing permitting reforms. We also share a really1231strong relationships with all of our USDOT modal office staff1232representatives. I think for us, it is those working1233relationships and being able to work through the permitting1234activities at all of the modes really efficiently.1235    It does often come down to the people and not necessarily1236to a regulatory reform. I know that is not necessarily an easy1237suggestion to legislate.1238    I do just want to say that the people play an essential1239role in expediting the delivery of these projects as well.1240    Senator Cramer. Thank you very much.1241    Ms. Jones, I might just ask you quickly, getting to the1242Safe Routes to School Improvement Act, what has worked and what1243you have identified pretty clearly, including with some pretty1244valuable statistics. Safety has to be paramount.1245    I think frankly safety is one of the issues that we do not1246talk about enough when it comes to just building more highways1247or building another lane. That safety seems to be sometimes1248like its own thing.1249    With regard specifically to this, tell me a little bit1250about your experience with communities that do not know what to1251do. They may want to do something; they may even have a good1252idea of how to do something. The thing that they are missing,1253and this is certainly true in North Dakota, a small town may1254not have the technical expertise to even know a grant exists,1255much less how to apply for one.1256    Does that sound like, is that something you would do or1257that your network does? How valuable is that?1258    Ms. Jones. Yes, absolutely. Thank you so much, Senator1259Cramer, and thanks for your leadership expanding the Safe1260Routes to Schools to high schools, which has been a huge1261success all across the Country.1262    You are identifying the exact reason that States need1263statewide Safe Routes to School coordinators. When this program1264was a dedicated program, from 2005 to 2012, there was one door.1265Communities knew, OK, we applied to Safe Routes to School1266funding.1267    It is now broadly eligible for a variety of funding1268sources, which is terrific. There is more funding available. It1269means that in a small, rural community, where they might not1270have full-time staff at all, maybe the mayor is also the1271grocery clerk.1272    They do not have the capacity or awareness sometimes to1273pursue this funding. This is exactly why we need statewide Safe1274Routes to School coordinators, to help communities, first of1275all, raise their awareness, that this is an opportunity. Then1276help them navigate Federal funding, apply for grants, and build1277projects that save lives.1278    We see the return on that investment in rural States and in1279States all across the Country. Idaho is a really great example1280of a predominantly rural State that invests $120,000 year in a1281statewide Safe Routes to school coordinator that helps1282communities in their State, predominantly small towns, bring in1283$10 million in Safe Routes to School investments from the1284Transportation Alternatives Program.1285    These are projects that children and families love, local1286elected officials love these projects. These help build1287economic development, improve safety, get kids physically1288active, and help get kids to school on time and ready to learn.1289    Senator Cramer. Thank you very much for that. My time is1290expired.1291    Since we have the time, and Senator Markey has now joined1292us, so we will be calling on him in a little bit. In fact, if1293you are ready I will call on your right now. With that, I1294recognize Senator Markey for his questions.1295    Senator Markey. Thank you, Chairman. Thank you for this1296hearing.1297    The Safe Routes to School programs as [remarks off1298microphone] to bike to school by redesigning road1299infrastructure near schools and raising awareness about road1300safety in communities. Now, I know it is important because when1301I was 5 years old, I was hit by a car, turned into a1302projectile, and my fingers never did quite come back together1303after landing, because you are trying to protect your head from1304that incredible concussion which you are going to get.1305    It really hurts, by the way, when you get hit by a car;1306honest to goodness, does that hurt. That is something you never1307forget. Obviously I became a big auto safety guy, big street1308safety guy. I was chasing Charlie Cadero and Bobby Olson. They1309were nine, I was five. I grew up in a deregulated childhood, if1310you know what I am saying. I am three streets away from my1311house, and I am five.1312    Although States have significant flexibility in how they1313fund this program, they often do not have a statewide1314coordinator to help facilitate projects, particularly in rural1315areas where communities may have fewer resources to carry out1316this program.1317    In Massachusetts, we have had a statewide Safe Routes1318coordinator for over 20 years, shaping our statewide vision for1319the program and providing rural and urban communities alike1320with guidance to implement these lifesaving programs.1321    Ms. Jones, do you agree that the Massachusetts approach to1322the Safe Routes to School program helps keep students safe when1323traveling to and from school?1324    Ms. Jones. Thank you so much, Senator Markey, and thanks1325for your leadership on the Safe Routes Improvement Act.1326    Absolutely, we view the Massachusetts program as an1327exemplar in the Nation. For 20 years, it has had that robust1328statewide coordination that helps communities all across the1329Commonwealth benefit from this lifesaving program.1330    You spoke to Massachusetts' focus on rural communities. I1331want to speak to specifically why the Safe Routes to School1332coordinator position is so helpful at getting more rural1333communities involved in Safe Routes to School. Oftentimes, if1334there is a lesson learned, if there is not a coordinator, it1335just stays with that community by themselves.1336    In Massachusetts, the statewide Safe Routes to School1337coordinator created a series of rural key studies for Safe1338Routes to School programs, so that they can be shared out, and1339other rural communities do not have to reinvent the wheel,1340learning how to access this program, learning how to deliver1341lifesaving projects for their constituents.1342    Senator Markey. Senator Cramer and I agree with you. We1343believe that a vision without a coordinator is an1344hallucination. You need a coordinator. That is why I am proud1345to partner with Senator Cramer on the Safe Routes Improvement1346Act. Our legislation takes a lesson from both Massachusetts and1347North Dakota by requiring State departments of transportation1348to have a full-time coordinator for Safe Routes for School1349programming. Whether you are a child in North Dakota or1350Massachusetts, you should not have to worry about getting to1351school safely.1352    Mr. Orn, let's turn to another transportation issue related1353to North Dakota. North Dakota ranks second in the Nation for1354the high quality condition of its roads. Your State has1355achieved this impressive performance in part because it1356prioritizes maintaining its roads in a State of good repair,1357such as ensuring existing roads are smooth and pothole-free.1358    Well-maintained roads allow travelers to avoid expensive1359and dangerous incidents such as flat tires, broken axles, and1360that makes roads safer for all road users and saves travelers1361money.1362    Mr. Orn, do you agree that prioritizing maintenance has led1363to a more affordable and efficient transportation system for1364North Dakota residents?1365    Mr. Orn. Senator Markey, first I want to also echo your1366leadership on the Safe Routes Improvement Act. I appreciate1367that.1368    In North Dakota, we have just over 1,000 employees and over1369a third of them are dedicated to the maintenance of the roads.1370They try to get out and maintain at least a third of the roads1371every year. We do put a lot of effort into maintaining our1372roads. Then we try to program the projects at the right time.1373If you get the improvement done in the right time, then it is1374less improvements you have to make, so you can go more with the1375maintenance project that you talked about.1376    We also throw in some other major projects we need to do,1377shoulder widening, reconstructions and all that stuff. I1378believe in and am very proud of what North Dakota brings, as1379you mentioned, with the second in the Nation with the quality1380of our roads. I invite everybody out to North Dakota, a great1381rural State.1382    Senator Markey. Again, I am looking forward to working with1383you. I think you have the right frame. North Dakota spends 941384percent of its highway dollars on maintenance, just to make1385sure that they are there.1386    If I may just finish up my story. Now, I am out in the1387middle of the street. I am 5 years old. A thousand pounds of1388steel, when it hits you, it really hurts. I am there, and I1389hurt. All of a sudden, somebody picks me up, puts me in the1390back seat of the car, and they are driving 100 miles an hour up1391to the emergency room of the Malden Hospital.1392    There are two things your mother always tells you when you1393are a kid. No. 1, if you are ever hit by a car, your phone1394number is M840815. You are 5 years old. No. 2, change your1395underpants every day, because if you are ever in an accident, I1396am going to be so embarrassed if you are wearing dirty1397underpants.1398    [Laughter.]1399    Senator Markey. Now, the doctor says, what is your phone1400number, M840815. Now I can hear, Mrs. Markey, we have your boy1401here, and if you give us permission to operate. The nurses are1402starting to unbuckle my pants, and I know I have not changed my1403underpants in 5 days; I am 5 years old.1404    I am trying with my fingers to hold on, and my last memory1405is this chloroform coming onto my face, and I am out. I am out.1406    Anyway, I am 25 years old, I am running for State1407representative. I am in my third year at Boston College Law1408School. It is 5 minutes of eight, and I am on the other side of1409town from where I live.1410    This guy comes up to me and says, were you hit by a car1411when you were 5 years old? I said, yes. Did somebody pick you1412up, put you in the back seat of the car, and drive you to the1413hospital? I said, yes.1414    He said, did you ever wonder who that guy was? I said yes.1415He said, well, I was a fireman who was sitting on my porch, so1416I just did that.1417    You know what? My wife and I, we were talking, it sounds1418like you have turned out OK. I am going to go in and be your1419last vote tonight.1420    You know what trumps an election? Getting hit by a car. The1421only thing I am thinking about, I am in the wayback machine1422right now, thinking about that kid who got hit, and how1423fortunate I was just to be there. That is why I thank all of1424you for all the work you are doing to try to make our roads1425safer, especially for kids in school.1426    Thank you, Mr. Chairman.1427    Senator Cramer. As public servants, we are often motivated1428by personal experience. That is one good story, I have to say.1429Thank you for sharing that with us.1430    We have some time to have a second round of questions,1431Senators, if you are open to doing that. I will recognize the1432Ranking Member to start off the second round of questioning,1433then go directly to you, Senator Lummis.1434    Senator Alsobrooks. Thank you, Mr. Chair.1435    I just have a couple of questions for Ms. Biddle and Mr.1436Orn. This question is about accountability and transparency.1437Your States' departments of transportation are responsible for1438deciding how and where you will spend Federal highway dollars1439in your State. Accountability is critical when selecting1440projects to ensure that investments address the most pressing1441needs, whether it be improved resilience, enhanced multi-modal1442transportation or implementing safety measures.1443    We need to be sure that flexibility, although that is1444important, does not result in under-investment in underserved1445communities, and that all States continue to support modes of1446transportation.1447    As we consider expanding States' ability to transfer1448Federal highway funds across programs, how can we also1449strengthen transparency and accountability? If you can just1450each answer that.1451    Ms. Biddle. Thank you so much for the question. I1452completely agree. When States have greater authority to direct1453those Federal funds where they are most needed, whether for1454safety, climate change resilience, it is equally important that1455those decisions are all well documented, performance based and1456clearly communicated to all of our partners.1457    One way to strengthen the accountability is through1458enhanced public reporting and performance tracking, perhaps1459tied to our State Transportation Improvement Program, or STIP.1460Every project that benefits from flexed funds should be1461traceable within the STIP, accompanied by measurable outcomes,1462aligned with national performance goals, especially in safety1463asset condition and emissions reduction.1464    These tools already exist and we simply need to ensure that1465they are consistently used and with clear metrics.1466    I think accountability also depends on robust coordination1467between States and USDOT's modal agencies. That supports1468consistent and transparent eligibility determinations across1469all these programs, so States can plan flexibly while remaining1470grounded in Federal oversight and public expectation.1471    Why is this important? Public trust in the transportation1472system depends on demonstrating that Federal dollars are1473delivering those real results. We need to have reliable1474transit, we need to have equitable access, long-term1475infrastructure resilience. When flexibility is paired with1476clear goals and data-driven implementation, we are not just1477spending money, we are also solving problems.1478    Finally, advancing programs like Vision Zero, our State1479highway safety plans, and targeted safety legislation, such as1480the Safe Routes Improvement Act, it helps us ensure that even1481with fund transfers, our core mission remains the same, that we1482are all saving lives and expanding opportunity.1483    Senator Alsobrooks. Thank you.1484    Mr. Orn. Senator, I concur with some of the remarks that1485Samantha made. We also have our STIP, we have our tribal1486meetings to reach out to our tribes. We work with them, our1487MPOs. We also work with our local public agencies.1488    I just want to say that every project that we do in our1489State is either in a community or it affects a community,1490whether in a county, a city, a small city or big city. Every1491investment we make does affect our communities.1492    Actually, what we use our transfers for is to able to be1493more flexible toward our larger communities. The more we can1494transfer, the better we can help with their priorities and1495reach the goals that they want in their communities.1496    Without the transferability, it would make it extremely1497difficult, because with the suballocations, we do get down to1498where they are fairly small in our State. It makes it very1499difficult. You have to have just the right project to fit just1500the right dollar amount. That may not always be a right1501priority.1502    Through transfers, we are able to benefit a lot of our1503communities. That is part of the use that we use that, and that1504is why we are very supportive of the Transferability Act.1505    Senator Alsobrooks. Thank you.1506    Just one more question, for Ms. Jones. It is a question1507about barriers. I know we have heard a lot about how the Safe1508Routes to School program improves pedestrian and cyclist1509safety, and the efficacy of it. Can you just talk a little bit1510about the barriers that exist at the State or local level that1511limit both the scale or speed of the implementation of the1512program?1513    Ms. Jones. Yes, thank you so much for the question, Senator1514Alsobrooks. I mentioned in a prior response that sometimes it1515is awareness or a lack of capacity from a local community to1516apply.1517    Another barrier is the local match requirement. These1518projects typically require the 20 percent match. Some States1519are using new flexibility from the IIJA to reduce match in1520high-need areas. Many communities still struggle with that 201521percent.1522    That is why the Sarah Debbink Langenkamp bill is so1523important. It gives States the flexibility, if they would like1524to use the Highway Safety Improvement Program as match for1525local safety projects like Safe Routes to School projects.1526    To me, this is the perfect example of flexibility focused1527on accountability and outcomes. It gives States a tool in1528service of a desired outcome, safety. It really helps local1529communities that do not have that 20 percent match,1530particularly small and rural communities with low tax base who1531would otherwise not be able to access those funds.1532    Senator Alsobrooks. Thank you.1533    I yield back, Mr. Chair.1534    Senator Cramer. Thank you. Thank you very much.1535    I will try to wrap it up here. Senator Lummis had to leave,1536but she wanted me to ask you a question, Chad, on her behalf. I1537am going to do my best to sort of summarize her point here.1538    She wanted to touch on her legislation, Senate 1066, the1539Highway Funding Flexibility Act. I think you might have1540mentioned it. It addresses the practical reality that the1541National Electric Vehicle Infrastructure Program is fraught1542with significant implementation challenges, which has left1543substantial funds unobligated while States have, of course,1544high priorities.1545    Her question is, from a State transportation management1546perspective, can you explain how the flexibility to redirect1547stalled NEVI funds to highway and bridge projects could help1548deliver more immediate benefits to the public?1549    Mr. Orn. Thank you, Chairman Cramer. In North Dakota, as in1550most States, we have a lot of needs. The needs outweigh the1551dollars. With the NEVI dollars, with the bill that you referred1552to, that would give the States ability to spend those dollars1553on highways and bridges, which gets back to the basics of our1554system, spending dollars on highways and bridges.1555    That would give us the added flexibility to inject more1556dollars into our system, so we would be very open to that,1557rather than those dollars going elsewhere, to have them flow1558back into the highways and bridges.1559    Senator Cramer. Thank you.1560    OK, let me wrap up with, I am going to ask another safety1561question, but I am going to ask it of you, Ms. Biddle and you,1562Mr. Orn. It has to do with worker safety. One of the things we1563see, we have talked a lot about how short North Dakota's season1564is, and in some respects, as much as we do not like to see1565winter, we do appreciate the fact that the freeway is wide open1566again.1567    That said, in as big a hurry as we are to get a highway1568maintained or built or fixed, we are also often in too big a1569hurry to get to wherever our destination is, and do not pay1570close enough attention to the hazard of workers right on the1571very highway we are driving on.1572    Maybe you could, if you have any thoughts or suggestions,1573legislatively, that we should be looking at for improvement of1574worker safety, I just know when I see orange, I slow down. The1575minimum fine is not really the factor; it is more the human1576situation that scares me.1577    Maybe if you have some specific thoughts on how we can1578improve the legislation to help States with that program, it1579would be useful.1580    Ms. Biddle. Thank you so much for the question. It1581certainly hits close to home for the State of Maryland.1582Certainly the tragedy that we experienced just last year was1583one that I think garnered a lot of attention nationwide.1584Unfortunately, in March of the year prior, we experienced a1585crash on the Baltimore beltway that killed six highway1586construction workers. We had vehicles traveling in excess of1587100 miles per hour in a work zone.1588    To your point, not everyone, unfortunately, has the same1589reaction to the human factor there. In the State of Maryland,1590we previously did have work zone cameras, that did issue1591tickets. The maximum ticket, even for a repeat offender, was1592still $40. That just was not getting anyone's attention.1593    Through working with our State legislature and the support1594of our Governor and lieutenant Governor, we chaired a work1595group on this topic. We implemented legislation through the1596State of Maryland that introduced a tiered fine structure and1597also allows us to expand our implementation of work zone1598cameras.1599    I always say that I hope we do not earn a single dollar1600through these programs, because it is not about generating1601revenue, it is about protecting our workers and saving lives.1602    I would be happy to submit further some of the other1603components of that legislation for the subcommittee's1604consideration, things that we have seen that have been1605beneficial in the State of Maryland. We do think that we have1606seen behavioral changes since some of that tiered structure and1607other technologies have been implemented.1608    Senator Cramer. Deterrence can be expensive, but not nearly1609as expensive as not deterring.1610    Mr. Orn, if you have thoughts on that, I would welcome1611them.1612    Mr. Orn. Senator, obviously safety is of the upmost1613importance in everything that we do every day. Work zones do1614not just accommodate contractors. Our workers from our1615departments are also in those same work zones. It is near and1616dear to our heart.1617    The main thing I want to say is, we have a real good1618relationship with our AGC, American General Contractors. We do1619work with them. Work zone is important, but we do not want to1620see a bunch of restrictions added to it. We still want1621flexibility to be able to work with our contractors and our1622partners on the work zone safety. If we hear any feedback, we1623make corrections. We fix it. We listen to them, because we know1624it is critical.1625    A few examples of stuff that we did in North Dakota, as1626Samantha alluded to, we also just raised our fines within work1627zones, almost doubled them in the State. That is going to go1628into effect on August 1, the State legislature does that.1629    Another thing we do, and we have been doing for years and1630years and years, is we provide overtime dollars to our highway1631patrol, so that they can patrol the work zones. If there are1632contractors or our employees in work zones that feel like, they1633think the traffic is moving way too fast, things are not quite1634right, they make a few phone calls and the highway patrol shows1635up and they patrol. We help pay for the overtime for those1636highway patrolmen to be in those work zones to make sure that1637the workers are safe.1638    Senator Cramer. Excellent.1639    Well, thank you all very much for your testimony. It was a1640very valuable hearing, and I appreciate your contributions to1641that.1642    With no further questions, I want to thank the witnesses1643and all my colleagues. Many more participated than I thought1644were going to, so I am grateful for their participation.1645    Senators who wish to submit written questions for the1646record have until 5 p.m. Wednesday, August 6th, to do so.1647Witnesses' responses to those questions are due back to the1648committee no later than 5 o'clock on Wednesday, August 20th,1649and will be submitted for the record. That will be 5 o'clock1650p.m. Not everybody gets up at 4:30 like I do.1651    With that, this hearing is adjourned.1652    [Whereupon, at 4:24 p.m., the hearing was adjourned.]16531654[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]16551656                                 [all]