Construction Program Guide
Section 1525 of MAP-21 - State Autonomy for Culvert Pipe Selection
Revised September 27, 2019
K1. What does Section 1525 of MAP-21 provide?
Section 1525 of the "Moving Ahead for Progress in the 21st Century Act" (MAP–21) provides that, "Not later than 180 days after the date of enactment of this Act, the Secretary shall modify section 635.411 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of a project on a Federal-aid highway."
K2. What is the significance of the word "autonomy" in Section 1525 of MAP-21?
The use of the word "autonomy" in this section gives the State departments of transportation (State DOTs) and other direct recipients the sole authority and discretion to make a decision regarding culvert and storm sewer material types without any input or approval from the FHWA.
K3. How does Section 1525 apply to projects administered by local public agencies (LPAs)?
Local public agencies (LPAs), with the approval of their State DOT, will have the authority to determine culvert and storm sewer material types to be included in their Federal-aid highway construction projects.
K4. Must the State's selected type of culvert and storm sewer material comply with other applicable Federal requirements?
Yes. The culvert and storm sewer material type that is selected by the State DOT, or other direct recipient, must comply with all applicable Federal requirements, including Buy America, and the culvert design standards in 23 CFR Part 625.
K5. Will the FHWA update relevant agency policies and regulations to implement Section 1525?
Yes. On January 28, 2013, the Final Rule implementing the requirements of Section 1525 was published in the Federal Register; The Final Rule added Paragraph (f) to 23 CFR 635.411 as follows:
(f) State transportation departments (State DOTs) shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of a project on a Federal-aid highway.
The Final Rule is effective February 27, 2013, and is located at the following link: http://www.gpo.gov/fdsys/pkg/FR-2013-01-28/pdf/2013-01583.pdf
FHWA will modify the FHWA Contract Administration Core Curriculum Manual, the FHWA Construction Program Guide Culvert Selection web page, and other agency policies and guidance as appropriate. Additionally, Division Offices should revise any standard operating procedures relating to the selection of culvert and storm sewer material type to conform to the requirements of Section 1525.