Application of Buy America Broadened to Non-Federally-Funded Utility Relocations

AASHTO Journal, 12 July 2013

In a July 11th memorandum to Division Administrators, Federal Highway Administration Acting Associate Administrator for Infrastructure Gloria Shepherd reiterated the Department’s interpretation that Section 1518 of MAP-21 broadens the applicability of Buy America to non-federally-funded utility relocations.

FHWA recognizes that the broadened application has created implementation issues for the utility industry, and is providing utility companies an additional six months – though Dec. 31, 2013 – to comply with Buy America requirements for steel and iron products. This applies to any project-specific utility agreements for non-federally-funded utility relocations executed on or before Dec. 31, 2013 and does not apply to mater, area-wide, or state-wide utility agreements. This memorandum follows a joint letter sent from the American Association of State Highway and Transportation officials, the American Public Transportation Association,​ American Gas Association, American Public Power Association, Community Streetcar Coalition, Edison Electric Institute, Interstate Natural Gas Association of America, National Rural Electric Cooperative Association, NTCA-The Rural Broadband Association, New Starts Working Group, and United States Telecom Association​ to the U.S. Department of Transportation concerning the application of Buy America to utility relocations and the need for clarification, training, education, and a transition period.

Additional information on Buy America is available here. ​

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