County Commission | The Magazine April 2017 | Page 27

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while the higher levels of government don’t think that
the lower levels of government have the expertise to
properly manage the resources with which they are
entrusted. Thus, we have an ongoing struggle between
levels of government for control and an increased
chance that our resources aren’t going to be utilized
in the most effective manner. In the words of Ralph
Waldo Emerson, “Our distrust is very expensive.”
The infrastructure partnership between local, state,
and the federal government is a key element in the
success of our nation’s economies. Local roads are the
original arterial roadways; it is these roadways which
connect to our state and federal highway system. All
routes originate on these local roads. Finding the
balance between regulation and reality is the key, to
making this partnership productive for the American
people. Today, I will highlight some of these challenges
and provide recommendations for how Congress can
help us tackle these issues.
I will also illustrate three areas where local
government can accomplish faster project completion
without sacrificing environmental oversight or project
safety. Whether they be road or bridge projects or
emergency repairs, local governments possess the
capabilities to produce results in considerably less
time and for less money. …
In 2013, the United States Government
Accountability Office (GAO) found that inefficient use
of federal funds can occur when the cost of complying
with federal requirements is high relative to a project's
cost. While the Federal Highway Administration
(FHWA) has taken steps to improve the efficiency
of federal-aid projects, it has not explored or issued
guidance targeted to local agencies on how they can
maximize administrative flexibilities, despite internal
and external recommendations to do so. Some local
agency officials GAO interviewed stated they do not
pursue federal funding for projects under certain
dollar thresholds because the cost involved outweighs
the benefits; however, others choose to do so due to a
lack of funding alternatives. In times of emergencies,
most counties are not afforded the luxury of deciding
whether or not to request federal funds – they are
a necessity.
Working through these issues and delays has given
me the experience and perspective necessary to identify
pos-sible solutions to make this partnership more
effective and less costly to local governments, while
at the same time not sacrificing safety or established
environmental protocols.
Potential Solutions- Establish Exemptions and
Empower All Levels of Government
These examples point to some of the challenges
we face in local government. I offer the following two
recommendations for ensuring we can provide our
citizens the best possible services given our
limited resources.
The Moving Ahead for Progress in the 21st
Century Act (MAP-21) set a precedent by identifying a
category of low risk projects appropriate for Categorical
Exclusions [23 CFR Part 771.117 (c) and/or (d)]. In
addition, MAP-21 established financial thresholds
categorically excluding projects from environmental
reviews, provided that the projects receive less than
$5,000,000 in federal funds. The FAST Act reinforced
these principles.
First, we would like to recommend that Congress
build on the principles introduced in MAP-21 and
furthered in the FAST Act by creating an exemption
from all federal requirements if the project receives
less than $5,000,000 in federal funding. The state
and local governments would apply the appropriate
state or local standards and specifications to their
projects and follow state law to bid for, award and
execute their projects. State and local governments
could also perform work under force account, provided
there is a substantial cost savings to the public by doing
so. No state or federal oversight would apply to these
projects, which will ensure more funding makes it to
tangible projects. Low risk projects as defined in the
FAST Act could easily be grouped into this exemption,
but strong consideration should be given to defining
bridge replacement projects where no major relocation
occurs as an exempt action as well.
What would be the impacts of this type of change?
First, more of our fuel tax will reach the public in
the form of tangible road and bridge projects. Quite
simply, we are currently seeing gas tax money go to
meeting duplicative federal regulations as opposed to
the project itself. While cutting out these duplicative
regulations will not solve gas tax funding issues,
this approach shows our citizens that we are doing
everything possible to be efficient with the resources
we have been entrusted to manage.
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