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Preservation

MEMORANDUM
Subject: INFORMATION: Guidance on Highway Preservation And Maintenance Date: February 25, 2016
From: /s/ original signed by
Walter C. Waidelich, Jr.
Associate Administrator for Infrastructure
Reply to:
Attn. of:
HIAP-30
To: Directors of Field Services
Federal Lands Highway Division Engineers
Division Administrators

The Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America’s Surface Transportation Act (FAST) recognized preservation as a vital component of achieving and sustaining a desired state of good repair of highway facilities. By this memorandum, FHWA is updating our guidance on highway preservation and maintenance activities to be consistent with the FAST Act. The following guidance memorandums are superseded:

  • Pavement Preservation Definitions, September 12, 2005
  • Preventive Maintenance Eligibility, October 8, 2004
  • Preventive Maintenance Questions and Answers, December 16, 2004

Please find attached guidance for both preservation and maintenance activities in question and answer format.

If you have any questions, please contact Bryan Cawley at bryan.cawley@dot.gov or (202) 366-1333.

Preservation

Question 1: What is preservation?
Answer 1: Preservation consists of work that is planned and performed to improve or sustain the condition of the transportation facility in a state of good repair. Preservation activities generally do not add capacity or structural value, but do restore the overall condition of the transportation facility.

Question 2: May a State transportation department use Federal-aid funds to perform preservation work?
Answer 2: Yes, section 1103 of MAP-21 adds preservation to the definition of construction in 23 U.S.C. 101. As such, preservation work is eligible and encouraged under the National Highway Performance Program and the Surface Transportation Program.

Question 3: Does MAP-21 mandate requirements for preservation programs?
Answer 3: No. However, Section 1201 of MAP-21 amended 23 U.S.C. 134 to require that the Metropolitan Planning Process "provide for consideration of projects and strategies that will ... emphasize the preservation of the existing transportation system." (23 U.S.C. 134(h)(1)(H)). In addition, the Long-range Statewide Transportation Plan "should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient us of the existing transportation system." (23 U.S.C. 135 (f)(8)). Preservation is a critical component of an agency's asset management plan to achieve and sustain a desired safe state of good repair over the lifecycle of the assets.

Maintenance

Question 1: What is maintenance?
Answer 1: Maintenance describes work that is performed to maintain the condition of the transportation system or to respond to specific conditions or events that restore the highway system to a functional state of operation. Maintenance is a critical component of an agencies asset management plan that is comprised of both routine and preventive maintenance.

Question 2: What is routine maintenance?
Answer 2: Routine maintenance encompasses work that is performed in reaction to an event, season, or over all deterioration of the transportation asset. This work requires regular reoccurring attention.

Question 3: May a State transportation department use Federal-aid funds to perform routine maintenance?
Answer 3: No. A State Transportation Department or other direct recipient is required to maintain or cause to be maintained the project constructed under the provisions of chapter 1 of title 23, U.S.C., or constructed under provisions of prior Acts. (23 U.S.C. 116 (b))

Question 4: What is preventive maintenance?
Answer 4: Preventive maintenance is a cost-effective means of extending the useful life of the Federal-aid highway. (23 U.S.C. § 116 (e))

Question 5: May a State transportation agency use Federal-aid funds to perform preventive maintenance on highways?
Answer 5: Yes. The State Transportation Department must demonstrate to the satisfaction of their respective FHWA Division Administrator that the activity is a cost-effective means of extending the useful life of a Federal-aid highway. (23 U.S.C. § 116 (e)). Preventive maintenance is a proactive approach to extend the useful life of the highway.

Question 6: May a State Transportation Department use Federal-aid funds to perform preventive maintenance off highways?
Answer 6: No. The authorization for preventive maintenance is limited to a "Federal-aid highway." (23 U.S.C. § 116 (e)). A Federal-aid highway is defined as "a public highway eligible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector." (23 U.S.C. § 101 (a)(6))

Updated: 06/27/2017
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