Post by Okwes on Jan 29, 2008 17:59:02 GMT -5
Navajo Nation to Contribute $8M for Widening of U.S. 491
ALBUQUERQUE, N.M. (AP) The Navajo Nation is offering to contribute $8
million to the widening of U.S. 491 — an infamous stretch of highway
known for fatal crashes — but the tribe said it won't waive the
tax on the project as the state had suggested.
Four years ago, the state appropriated $125 million to improve part of
the highway that connects Gallup to the reservation community of
Shiprock. Disputes between state transportation officials and the tribe
stalled the project and the work is now estimated at $260 million.
Navajo Vice President Ben Shelly and state Transportation Secretary
Rhonda Faught met Nov. 2 in Santa Fe to discuss the impasse, the
tribe's contribution to the project and any legal obstacles that
might stand in the way of its completion.
Shelly said he's confident the state will agree that the tribe has
met expectations.
"This is an unprecedented contribution to such a project, and it is
my hope that the state has no lingering doubts about the Navajo
Nation's commitment," Shelly said in a letter to Faught.
A spokesman for the state Department of Transportation, S.U. Mahesh,
said the department is encouraged by the tribe's proposal.
"We are hopeful we can come to a quick resolution on this matter so
we can move forward with the reconstruction of U.S. 491 to make it a
safer highway for the traveling public, especially for those Navajo
residents who use it everyday," Mahesh said.
U.S. 491, a two-lane stretch once known as U.S. 666, had 38 fatalities
and more than 200 crashes with injuries between 1999 and 2002 — an
accident rate 2.5 times higher than the state average, according to a
state report. Many accidents were head-on collisions, and one-fifth of
them involved commercial trucks.
The 14-phase improvement plan includes building six new bridges,
rebuilding existing bridges and expanding the highway to four lanes. Two
bridges have been built, but can't be used because the rest of the
project isn't done.
Faught has said her department has about $170 million in uncommitted
construction funds that will be earmarked in the next month, but she
said none will go to U.S. 491 unless the tribe's contribution is
settled.
The state had asked the tribe to waive its 4 percent sales tax on the
project or contribute the equivalent amount in labor and materials.
But Navajo officials contend they should be able to contribute as they
choose.
"It would be unfortunate in the extreme for the citizens of both New
Mexico and the Navajo Nation — who, in many cases, are one and the
same — if NMDOT were to decline to build the road by arguing that
its sought-after concessions were more important than building the road
and saving lives," Shelly said.
The tribe said it agreed in August to make a $2 million in-kind
contribution, the majority of which will be a waiver of royalties for
nonaggregate fill materials, such as soil. But the tribe won't waive
royalties for all construction materials or waive its sales tax as
requested in the state's proposal, tribal officials said.
"Our position is that we have taxing authority on those lands, and
people have to abide by our laws," said John Rutherford, assistant
Navajo attorney general for natural resources.
Tribal officials said they have spent years on the engineering, right of
way and environmental work necessary to clear the way for the 40-mi. (64
km) stretch to be rebuilt, which also adds to their in-kind contribution
to the project.
The tribe's proposal also includes an agreement leaving open whether
disputes would be resolved in tribal or state courts and a clause that
documents regarding the terms and conditions would not create a
consensual relationship between the state and the tribe.
Rutherford said the tribe expects to hear back from the state on its
proposal within a week.
"If it's a positive response, then the nation will undertake the
legislative acts that we need to do on our end," he said.
ALBUQUERQUE, N.M. (AP) The Navajo Nation is offering to contribute $8
million to the widening of U.S. 491 — an infamous stretch of highway
known for fatal crashes — but the tribe said it won't waive the
tax on the project as the state had suggested.
Four years ago, the state appropriated $125 million to improve part of
the highway that connects Gallup to the reservation community of
Shiprock. Disputes between state transportation officials and the tribe
stalled the project and the work is now estimated at $260 million.
Navajo Vice President Ben Shelly and state Transportation Secretary
Rhonda Faught met Nov. 2 in Santa Fe to discuss the impasse, the
tribe's contribution to the project and any legal obstacles that
might stand in the way of its completion.
Shelly said he's confident the state will agree that the tribe has
met expectations.
"This is an unprecedented contribution to such a project, and it is
my hope that the state has no lingering doubts about the Navajo
Nation's commitment," Shelly said in a letter to Faught.
A spokesman for the state Department of Transportation, S.U. Mahesh,
said the department is encouraged by the tribe's proposal.
"We are hopeful we can come to a quick resolution on this matter so
we can move forward with the reconstruction of U.S. 491 to make it a
safer highway for the traveling public, especially for those Navajo
residents who use it everyday," Mahesh said.
U.S. 491, a two-lane stretch once known as U.S. 666, had 38 fatalities
and more than 200 crashes with injuries between 1999 and 2002 — an
accident rate 2.5 times higher than the state average, according to a
state report. Many accidents were head-on collisions, and one-fifth of
them involved commercial trucks.
The 14-phase improvement plan includes building six new bridges,
rebuilding existing bridges and expanding the highway to four lanes. Two
bridges have been built, but can't be used because the rest of the
project isn't done.
Faught has said her department has about $170 million in uncommitted
construction funds that will be earmarked in the next month, but she
said none will go to U.S. 491 unless the tribe's contribution is
settled.
The state had asked the tribe to waive its 4 percent sales tax on the
project or contribute the equivalent amount in labor and materials.
But Navajo officials contend they should be able to contribute as they
choose.
"It would be unfortunate in the extreme for the citizens of both New
Mexico and the Navajo Nation — who, in many cases, are one and the
same — if NMDOT were to decline to build the road by arguing that
its sought-after concessions were more important than building the road
and saving lives," Shelly said.
The tribe said it agreed in August to make a $2 million in-kind
contribution, the majority of which will be a waiver of royalties for
nonaggregate fill materials, such as soil. But the tribe won't waive
royalties for all construction materials or waive its sales tax as
requested in the state's proposal, tribal officials said.
"Our position is that we have taxing authority on those lands, and
people have to abide by our laws," said John Rutherford, assistant
Navajo attorney general for natural resources.
Tribal officials said they have spent years on the engineering, right of
way and environmental work necessary to clear the way for the 40-mi. (64
km) stretch to be rebuilt, which also adds to their in-kind contribution
to the project.
The tribe's proposal also includes an agreement leaving open whether
disputes would be resolved in tribal or state courts and a clause that
documents regarding the terms and conditions would not create a
consensual relationship between the state and the tribe.
Rutherford said the tribe expects to hear back from the state on its
proposal within a week.
"If it's a positive response, then the nation will undertake the
legislative acts that we need to do on our end," he said.