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Feds shed light on 89A lightpole funding

by Tommy Acosta
Editor

Sedona citizens concerned about the lights for SR 89A and pedestrian safety are still in the dark on the specifics of the funding process the Arizona Department of Traffic is currently undergoing to acquire money from the Federal Highway Safety Improvement Program to finance the lights.

Questions have been asked as to where the money presently is. Does ADOT have the funds in the bank? Is the government holding it for ADOT? Has the money already been earmarked for the project? Is it possible for the funding to be withheld, shelved or rejected? Can ADOT spend the money before it is allocated? These and many other questions on the funding remain unanswered − until now.

Hoping to clear up the nebulosity of said funding, the Sedona Times contacted Federal Highway Administration spokesperson Doug Hecox, who provided information that hopefully sheds light on the process itself and where the money is right now.

According to Hecox, the money for the project has not yet been approved by the FHWA, but ADOT has every right to apply for the funding.

He stated that because this project qualifies as a highway safety improvement, it is eligible for the HSIP funding, which is a part of its normal annual apportionment of federal-aid funding.

“As with any federal-aid project, the project is being advanced by ADOT through the normal federalaid project development process – planning, programming, scoping, the National Environmental Protection Agency study, including public involvement, design, planning, specifications and estimates, development, etcetera,” he said. “Upon completion of the PS&E, ADOT would submit a request to FHWA for project authorization, which is the point where federal funds are officially committed, authorized and obligated for the project.”

Hecox said a NEPA study is currently underway. It considers all impacts to the human and natural environment and requires consultation with many resource agencies, including local public agencies and public input.

According to ADOT spokesperson Rod Wigman, the PS&E includes all special provisions, plans and estimates for the work.

“It’s the final plan to be presented to the Federal Highway Administration for approval,” he said. “It is comprehensive and complete.

Hecox said HSIP funding for safety improvement projects across the nation is still in place; however, the Congressional act that created the funding expired Sept. 30, 2009, and Congress must vote to reauthorize it.

“The HSIP budget is the same as last year under continuing resolutions or extensions of the current law,” he said. “A simple answer is “yes,” funding is still intact under the Safe, Accountable, Efficient Transportation Equity Act: A Legacy for Users.”

According to Wikipedia, The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109- 59; SAFETEA-LU) is a funding and authorization bill that governs U.S. federal-surface transportation spending. It was signed into law by then- President George W. Bush on August 10, 2005, and expired September 30, 2009.

The $286.4 billion measure contains a host of provisions and earmarks intended to improve and maintain the surface transportation infrastructure in the United States, including the interstate highway system, transit systems around the country, bicycling and pedestrian facilities and freight rail operations.

According to Wikipedia, Congress is expected to begin working on a replacement bill for the next sixyear period during its 2009 session. As of press time, it had not been reauthorized nor had a specific budget been set.

Hecox said the FHWA expects Congress to reauthorize the bill by the end of this year or the beginning if the next.

“We anticipate Congress will reauthorize the law before then,” he stated.

Hecox said that while FHWA is aware of the opposition to the lights in Sedona, it also acknowledges support for them as well.

“Projects are selected by ADOT, not FHWA, and federal funding is approved by FHWA if the project is found to meet all federal eligibility requirements,” he said. “While we acknowledge that there has been substantial opposition to this safety improvement within the Sedona community, there has also been considerable support for the improvements within that community. Officially, the city of Sedona has been both a proponent and a supporter for the improvements – to this point in time. It is not accurate to depict the entire community as totally opposed to the improvements.”

Hecox also stated that the FHWA garnered this information from its Tucson office and Washington
offices.

Wigman said ADOT includes FHWA representatives in its meetings concerning lights for SR 89A and, in this manner, the federal agency is kept informed of community sentiment.

“The feds don’t generally ask for public input during the approval process, but they became aware of public opposition and asked us to get public input to get feedback,” he said. “They want to have a good idea how the public feels as the process moves forward.

Hecox said ADOT could spend money preparing its proposal for the federal funding but could not be reimbursed for the expenditure without the pre-authorization of such expenditures by the FHWA.

“If ADOT intends to use federal funds, it must meet all appropriate federal aid requirements,” he said. “The state must obtain federal-aid project authorization before incurring any costs subject to federal reimbursement. This means they cannot expend their own funds in anticipation of getting federal reimbursement, unless prior federal authorization has been given.

“In past years, ADOT has typically used its own funds to begin the NEPA process and project design, with no anticipation of federal reimbursement − which is their option. However, if they had opted to get federal reimbursement for those project activities, FHWA would be required to authorize federal funding for NEPA and project design before any costs were incurred for federal reimbursement.”

Hecox said the SR 89A lighting project will not take as long to complete as other, more complicated highway-improvement projects would normally require.

“The project process varies considerably depending upon the scope, size and complexity of the project,” he said. “Very large and complex projects, particularly those involving Environmental Impact Statements, could take five to 10 years from concept to completion − opening to traffic. However, this project is a relatively simple highway lighting improvement along an existing highway.

“For NEPA compliance, it will most likely qualify for a Group Two Categorical Exclusion − a process far less complicated and time consuming  than an EIS. Typically, such projects take two to five years from conception to completion.”

Hecox noted that should the project be approved by the FHWA, ADOT lays out the money first and the feds reimburse those costs as the project moves along.

“The federal-aid highway program/ process is not that clear-cut,” he said. “The federal-aid process is a cost reimbursement one, meaning that federal reimbursements cannot be made until a cost has been incurred. That is, costs − once incurred − are typically billed on a periodic basis, which may be daily, weekly or some other period. The federal-aid highway program is not a grant program, where resources for project costs are made available up front to a grantee, such as ADOT, or before any costs are incurred.”

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