The Federal Highway Administration (FHWA) announced on March 12, 2026, a notice in the Federal Register seeking public comments on a new information collection related to the second round of funding for the Pollinator-Friendly Practices on Roadsides and Highway Rights-of-Way Program. This discretionary grant program, authorized under the Infrastructure Investment and Jobs Act (IIJA), aims to distribute up to $1.8 million in remaining fiscal year 2023 funds to eligible entities for initiatives that support pollinator habitats along federal-aid highways. The notice, docketed as FHWA-2026-0232, complies with the Paperwork Reduction Act of 1995 and invites feedback by May 11, 2026, on aspects such as the necessity, accuracy, and potential burden of the collection. This development highlights ongoing efforts to integrate environmental conservation into transportation infrastructure, building on a prior funding round that left funds unawarded due to insufficient eligible applications.
Background of the Roadside Pollinator Program
The program originates from Section 11528 of the IIJA, signed into law on November 15, 2021, and codified at 23 U.S.C. 332. This statute directs the Secretary of Transportation to establish a competitive grant program to fund activities that benefit pollinators on roadsides and highway rights-of-way. Pollinators, such as bees, butterflies, and birds, play a critical role in ecosystems by aiding plant reproduction, which supports agriculture and biodiversity. The IIJA did not initially appropriate funds for this program, but the Consolidated Appropriations Act of 2023 provided $3 million, marking the first allocation. FHWA issued an initial Notice of Funding Opportunity (NOFO) on April 8, 2024, for fiscal year 2023 funds, but not all money was awarded, prompting this second round to utilize the remaining $1.8 million. If additional appropriations occur before awards, they could supplement this amount.
Key players include FHWA as the administering agency within the Department of Transportation (DOT), state departments of transportation (State DOTs), Indian Tribes, and Federal Land Management Agencies (FLMAs) as eligible applicants. The program's design reflects broader federal priorities, including environmental stewardship under the Biden administration's infrastructure agenda, which emphasizes sustainable development. This aligns with executive actions promoting biodiversity, though no specific executive orders are directly cited in the notice.
Details of the Funding Opportunity and Application Process
Under 23 U.S.C. 332, grants are awarded to 'satisfactory' applications from eligible entities to implement, improve, or develop pollinator-friendly practices. These practices might include planting native vegetation, reducing pesticide use, or creating habitat corridors along highways. Applicants must submit or link to a Pollinator-Friendly Practices Plan outlining implemented or planned actions, as required by 23 U.S.C. 332(d)(1). For State DOTs and FLMAs, the plan must demonstrate coordination with state agencies handling agriculture and fish and wildlife, per 23 U.S.C. 332(d)(2), and consultation with affected Indian Tribes, which can involve emails, calls, or meetings, according to 23 U.S.C. 332(d)(3).
Funding awards are capped at $150,000 per entity, based on the number of practices involved, with a 100 percent federal share under 23 U.S.C. 332(e)(2)(B) and 332(g). FHWA anticipates about 10 applications, each taking approximately 40 hours to complete, totaling 400 annual burden hours. The notice emphasizes that all satisfactory applications will receive funding, as mandated by 23 U.S.C. 332(e)(1). Merit criteria include benefits to pollinator species, the extent of practices implemented or planned, and alignment with 'Reinvesting in the American Family' policies, though the statute prioritizes statutory compliance over discretionary merits.
Merit Criteria and Evaluation Framework
FHWA has outlined three merit criteria for awards: benefits to pollinators, the number of friendly practices, and policy alignment. This framework ensures funds support measurable environmental gains. For instance, the statute requires FHWA to publish best management practices and priority rankings post-awards, as per 23 U.S.C. 332(h), to guide future efforts. This approach draws from precedents in federal grant programs, such as those under the National Environmental Policy Act (NEPA), which often integrate ecological considerations into infrastructure projects. Perspectives vary: environmental groups like the Xerces Society for Invertebrate Conservation praise such initiatives for combating pollinator decline, citing studies showing habitat loss as a key threat. Conversely, some transportation advocates argue that diverting highway funds to conservation could strain budgets for core maintenance, though the program's dedicated appropriations mitigate this concern.
Potential Implications and Perspectives
Short-term implications include enhanced roadside habitats that could boost local biodiversity and support agricultural productivity, given pollinators' role in crop yields. Long-term, the program may set precedents for integrating green infrastructure into federal transportation policy, potentially influencing future IIJA implementations or similar programs under acts like the Surface Transportation Block Grant Program. Challenges include ensuring equitable consultation with Tribes, as inadequate engagement could lead to disputes, echoing issues in cases like Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (2017), where tribal consultations were central.
Different viewpoints emerge without clear endorsement. Conservationists view it as a vital step amid global pollinator declines, supported by reports from the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. Fiscal conservatives might question the efficiency of small-scale grants, preferring broader infrastructure investments. Tribal representatives could see opportunities for sovereignty in land management, provided consultations are meaningful.
Forward-Looking Conclusion
This notice underscores FHWA's commitment to environmental integration in transportation, with potential for expanded funding if Congress appropriates more. Ongoing debates may focus on balancing ecological benefits against administrative burdens, while next steps include public comment submission and OMB approval of the information collection.
