Commissioners keep USDOT grant application in place despite legal concerns

County staff told commissioners they submitted a USDOT pilot grant application on a tight timeline for two design projects that require no local match: the Coal Creek (Gun Club) bridge design ($1,500,000) and the Watkins Road/Muskrat Gulch design ($730,000). The application was described as first-come/first-served; staff said the program awarded about $54 million while receiving roughly $700 million in requests.

After the deadline, county attorneys identified federal grant-language provisions that raised concerns—specifically language linked in the transcript to immigration enforcement requirements. Staff said legal counsel worked with them to determine whether to withdraw; the recommendation presented to the board was to leave the application in place and, if awarded, work to negotiate acceptable contract language or seek protective language in the federal grant agreement as other jurisdictions have done.

Commissioner Jessica Campbell voiced procedural and substantive concerns and said she would 'abstain or be a no' if the board kept the application; the chair recorded four thumbs up and one no/abstention. Staff emphasized there is no current commitment to build if awarded; design funds would be used to prepare projects for future construction and make the county more competitive for further funding.