The Columbia County Board of Commissioners on Wednesday approved three federal grant agreements totaling operating and preventive maintenance support for the county’s public transit system but County Counsel warned the agreements include a contested U.S. Department of Transportation requirement to assist immigration authorities that is currently enjoined in court.

The grants — listed in materials as C138-025 (grant agreement number 35738), C139-2025 (35739) and C140-2025 (35801, a Section 5311 operations grant) — were approved by voice vote after presentations from Transit Director Chris Wheatley and legal counsel.

Chris Wheatley, the county’s transit director, described the services the grants support and the practical reliance the transit program has on federal awards. “Without these grants, we don’t have anything,” Wheatley said, noting ride volumes are increasing and that the funds are the “three biggest ways we get funding.”

Ed McGlone, county counsel, told the board that the U.S. DOT has recently amended standard grant terms to include a requirement that subrecipients provide assistance to U.S. Immigration and Customs Enforcement in certain immigration matters. McGlone said that requirement conflicts with Oregon law, that a district court in Rhode Island has entered an injunction preventing enforcement of the provision, and that the state of Oregon is a party to the litigation.

“The provision is currently enjoined and we believe that it’s unconstitutional in good faith,” McGlone said, and added that counsel placed a signing statement in the draft agreements to preserve the county’s rights while accepting funds now. He warned there is “a risk that, down the road, there’ll be a determination that that provision is constitutional,” which could force the county to stop accepting funds under the program.

McGlone described two practical outcomes should the injunction be lifted: the grants could include a termination provision allowing the county to stop receiving funds without repaying monies already disbursed, or the state (as the primary grantee) could attempt a dispute-resolution process with the U.S. DOT. He urged careful reimbursement practices so the county is not left without operating funds if the litigation resolves against the injunction.

After discussion, the board voted to approve each grant and authorized the chair to sign the agreements. The board’s motions were recorded in the meeting packet as: approve C138-025 (grant agreement number 35738) for public transit preventive maintenance; approve C139-2025 (grant agreement number 35739) for public transit preventive maintenance; and approve C140-2025 (grant agreement number 35801) for public transit operations (Section 5311). All three motions passed by voice vote.

The board did not adopt additional restrictions beyond the signing statements described by counsel; McGlone said staff will coordinate with the Oregon Department of Transportation (ODOT) where appropriate because Columbia County is a subgrantee under ODOT.

The county’s transit director said outreach and ridership are improving, citing recent outreach on social media and increased trips for dialysis patients and workers commuting to Rainier. The transit director and counsel indicated the county will proceed with the agreements while monitoring the federal litigation.

Votes and document identifiers are recorded in the county packet; the grants are now authorized for signature and execution by the chair.

The board’s actions allow the transit program to pursue reimbursements and operations under the approved federal awards while preserving a legal position against enforcement of the disputed grant condition.