NACE Transportation Legislative Priorities

Streamlining / Accelerated Project Delivery

  • For projects $5 million or less consistent with Title 23 USC 771.117(c) 23, establish an exemption allowing projects within an existing operational right-of-way and projects receiving limited Federal funding to be performed in the same manner that state and local governments accomplish state and locally funded projects in their respective states. Federal oversight on these type projects shall be limited to approval of funding agreements and verification that the type work being performed conforms to the definition of projects within an existing operational right-of-way and projects receiving limited Federal funding.
  • Maintain the Categorical Exclusion for projects of limited federal assistance Title 23 USC 771.7 (c) 23.
  • Revise interpretation on Categorical Exclusions for Projects within the Right-of-way. Current interpretation utilizes a more limited definition of operational right-of-way rather than all right-or-way previously acquired.

NACE Comments to USDOT on identify unnecessary obstacles  -  July 24, 2017

NACE Testimony to US House Committee on effective delivery of Federal-aid projects  -  March 1, 2017


  •  Provide a long term transportation bill utilizing sustainable funding sources which provide funding levels equal to or greater than current funding thresholds;
  • Maintain, at a minimum, the Special Set-Aside for Off-System Bridges as designated in MAP-21 which requires a minimum of 15% of funds apportioned in the 2009 bridge program for off-system bridges.
  • Designate a separate funding pool for all structurally deficient or functional obsolete bridges, regardless of ownership, with the goal of funding the rehabilitation or replacement 50% of these structures within the period of reauthorization.
  • Maintain and increase funding for MPO areas while retaining the 50,000 population threshold.
  • Provide funding for rural areas with an emphasis on locally owned collectors.
  • Remove restrictions on use of federal funds on minor collectors. Allow unlimited percentages and amounts of federal funding to be spent on minor collectors and higher classifications.


  • Require States to “coordinate” with Locals in developing Strategic Highway Safety Plans (SHSPs) and direct proportionate funding to areas of safety concern regardless of ownership.
  • Federal Highway Safety Improvement Program Funds shall be allocated based on fatalities and serious injuries, regardless of ownership.
  • Establish Toward Zero Deaths (TZD) Grants to local and non-profit organizations to implement proven safety practices and programs. The Secretary shall make grants available to local agencies and non-profit organizations for development and implementation of Toward Zero Deaths programs. To achieve the goals of Toward Zero Deaths, recipients of these grants shall provide technical assistance, information sharing of best practices, and training in the use of tools and decision making processes that can assist local agencies in effectively implementing Toward Zero Death programs.

Other Issues

  • Expansion of funding support for the Local Technical Assistance Program, which is included in the Technology Deployment and Education Budget of FHWA.
  • NACE supports ​the Clean Water Act provisions that protect wetland habitats and rivers and streams of the US, but does not support federal efforts to change the definition of the Clean Water Act from navigable waters to “waters of the US,” and also opposes federal efforts to further expand the authority and responsibilities of the federal agencies in regards to these waters.

NACE Comments to EPA on the "waters of the US" definition  -  November 14, 2014

  • Oppose any increases in vehicle size and weights as part of the next reauthorization unless set-aside funding is provided for the improvement of all roads. ​