Snakebit
01-06-2008, 05:27 AM
It seems, the old 666 on the Navajo Rez. wil be widened. I guess the Devil figured the traffic has increased enough that he needed more room for his converts to come home.
A wider way to go: Construction on highway could begin this spring
— By Alysa Landry — The Daily Times
Article Launched: 01/05/2008 12:00:00 AM MST
Click photo to enlargeTraffic passes near a rest stop on US 491 south of Shiprock... (Lucas Ian Coshenet/The Daily Times)«12»A four-year struggle to widen the Navajo Nation's deadliest stretch of highway came to an end last week when officials from the Nation and the New Mexico Department of Transportation reached an agreement.
The compromise, which calls for the Nation to contribute $10 million in cash and in-kind donations to the project, frees construction crews to begin widening the 70-mile corridor of U.S. 491 as early as spring.
"It feels like it's been a thousand years since we started working on this," Navajo Nation Vice President Ben Shelly said. "We're happy with the agreement, and we will deliver on our end."
Gov. Bill Richardson appropriated state money in 2003 to improve the two-lane highway between the Red Valley turnoff and Twin Lakes, but a series of disputes between the state and the Nation prevented progress. The impasse included issues of taxation, easement rights and a monetary contribution from the Nation.
At stake was $100 million, and the New Mexico Department of Transportation was ready to reallocate the money to other
--------------------------------------------------------------------------------
Advertisement
--------------------------------------------------------------------------------
projects if an agreement was not reached by this month. On the list of possible road improvement projects was the network of unpaved roads in south San Juan County near Chaco Culture National Historical Park.
The New Mexico DOT also announced a shortfall of nearly $500 million last fall, putting 29 road projects on hold, according to an Associated Press report.
When the state extended money to the Nation in 2003, it asked for a minimal in-kind contribution of fill dirt and labor. Nation officials responded by imposing a 4-percent tax on the contractors.
While Nation and DOT officials wrangled over money, drivers paid the ultimate price.
Formerly known as U.S. 666, the two-lane road saw 38 fatalities and more than 200 accidents with injuries between 1999 and 2002, according to a state report. Many of the accidents are head-on collisions, and 20 percent involve commercial trucks. Fatality rates on U.S. 491 are two-and-one-half times greater than the state average, the report states.
State Rep. Ray Begaye, D-Shiprock, called the Nation's negotiations "wrong," and urged officials to comply with the state's terms and conditions.
"This needs to happen," he said. "Since this is New Mexico money; we have every obligation to enforce the terms."
The taxation issue proved to be a sore point for both sides, said Robert Ortiz, deputy secretary of operations for the New Mexico DOT. The Nation claimed it had every right to tax construction activity, and the state countered that consent to taxation meant submission to the Nation's jurisdiction.
Last week's agreement calls for the state to reimburse taxes to contractors. In return, the Nation agreed never to use the reimbursement as evidence that the state consented to taxation authority.
"The Nation is not taxing us directly," Ortiz said, "but because the state reimburses the contractors for taxes they pay, this could be held against us for submitting to the Navajo Nation."
A letter from Navajo Nation Attorney General Louis Denetsosie resolved the issue while maintaining the integrity of both sovereignties.
"The legal incident of the tax will fall on the highway construction contractors because their business activity is generating the gross receipts," the letter states. "NMDOT will be outside the scope of the law because it will not be engaging in a business activity."
Although an agreement was reached, further complications including an increase in construction costs may further delay completion of the project. Twenty percent of the original $125 million already was used to construct two bridges that have not yet been used. The remaining $100 million falls far short of the estimated cost of $260 million.
The original 2003 construction plan called for modification of the existing two lanes by putting in passing lanes and other improvements, Ortiz said. But the scope of the project changed to double the width of the entire highway.
Construction costs also rose between 30 and 70 percent since 2003, Ortiz said. Materials are limited in the remote location, and the increased price of gas means an increase in hauling costs.
Construction will begin this year on the northern stretch of the highway, and will continue until funds run out, Ortiz said. The 14-phase improvement plan includes building six new bridges, reconstructing existing bridges and expanding the 70-mile strip to four lanes.
"We have only ever been allocated $100 million to this project," Ortiz said. "There are efforts under way by folks in both camps to find additional funds and allocations. The project really is about making that area much more safe, and our engineers are doing everything they can to get as much as possible out of the $100 million."
A wider way to go: Construction on highway could begin this spring
— By Alysa Landry — The Daily Times
Article Launched: 01/05/2008 12:00:00 AM MST
Click photo to enlargeTraffic passes near a rest stop on US 491 south of Shiprock... (Lucas Ian Coshenet/The Daily Times)«12»A four-year struggle to widen the Navajo Nation's deadliest stretch of highway came to an end last week when officials from the Nation and the New Mexico Department of Transportation reached an agreement.
The compromise, which calls for the Nation to contribute $10 million in cash and in-kind donations to the project, frees construction crews to begin widening the 70-mile corridor of U.S. 491 as early as spring.
"It feels like it's been a thousand years since we started working on this," Navajo Nation Vice President Ben Shelly said. "We're happy with the agreement, and we will deliver on our end."
Gov. Bill Richardson appropriated state money in 2003 to improve the two-lane highway between the Red Valley turnoff and Twin Lakes, but a series of disputes between the state and the Nation prevented progress. The impasse included issues of taxation, easement rights and a monetary contribution from the Nation.
At stake was $100 million, and the New Mexico Department of Transportation was ready to reallocate the money to other
--------------------------------------------------------------------------------
Advertisement
--------------------------------------------------------------------------------
projects if an agreement was not reached by this month. On the list of possible road improvement projects was the network of unpaved roads in south San Juan County near Chaco Culture National Historical Park.
The New Mexico DOT also announced a shortfall of nearly $500 million last fall, putting 29 road projects on hold, according to an Associated Press report.
When the state extended money to the Nation in 2003, it asked for a minimal in-kind contribution of fill dirt and labor. Nation officials responded by imposing a 4-percent tax on the contractors.
While Nation and DOT officials wrangled over money, drivers paid the ultimate price.
Formerly known as U.S. 666, the two-lane road saw 38 fatalities and more than 200 accidents with injuries between 1999 and 2002, according to a state report. Many of the accidents are head-on collisions, and 20 percent involve commercial trucks. Fatality rates on U.S. 491 are two-and-one-half times greater than the state average, the report states.
State Rep. Ray Begaye, D-Shiprock, called the Nation's negotiations "wrong," and urged officials to comply with the state's terms and conditions.
"This needs to happen," he said. "Since this is New Mexico money; we have every obligation to enforce the terms."
The taxation issue proved to be a sore point for both sides, said Robert Ortiz, deputy secretary of operations for the New Mexico DOT. The Nation claimed it had every right to tax construction activity, and the state countered that consent to taxation meant submission to the Nation's jurisdiction.
Last week's agreement calls for the state to reimburse taxes to contractors. In return, the Nation agreed never to use the reimbursement as evidence that the state consented to taxation authority.
"The Nation is not taxing us directly," Ortiz said, "but because the state reimburses the contractors for taxes they pay, this could be held against us for submitting to the Navajo Nation."
A letter from Navajo Nation Attorney General Louis Denetsosie resolved the issue while maintaining the integrity of both sovereignties.
"The legal incident of the tax will fall on the highway construction contractors because their business activity is generating the gross receipts," the letter states. "NMDOT will be outside the scope of the law because it will not be engaging in a business activity."
Although an agreement was reached, further complications including an increase in construction costs may further delay completion of the project. Twenty percent of the original $125 million already was used to construct two bridges that have not yet been used. The remaining $100 million falls far short of the estimated cost of $260 million.
The original 2003 construction plan called for modification of the existing two lanes by putting in passing lanes and other improvements, Ortiz said. But the scope of the project changed to double the width of the entire highway.
Construction costs also rose between 30 and 70 percent since 2003, Ortiz said. Materials are limited in the remote location, and the increased price of gas means an increase in hauling costs.
Construction will begin this year on the northern stretch of the highway, and will continue until funds run out, Ortiz said. The 14-phase improvement plan includes building six new bridges, reconstructing existing bridges and expanding the 70-mile strip to four lanes.
"We have only ever been allocated $100 million to this project," Ortiz said. "There are efforts under way by folks in both camps to find additional funds and allocations. The project really is about making that area much more safe, and our engineers are doing everything they can to get as much as possible out of the $100 million."