Earmark ban could stall federal funding for Trinity River Vision

By Bill Hanna and Maria Recio

billhanna@star-telegram.com, mrecio@mclatchydc.com

With the current congressional moratorium on earmarks, Trinity River Vision Authority officials have been told not to expect any federal funding in the current fiscal year for the flood control and economic development project.

Trinity River Vision officials say the $909 million project, which would stretch from the near north side to Gateway Park, has enough dollars to meet its $80.7 million budget for fiscal 2011.

But the project will need another infusion of federal dollars in the next 18 to 24 months to stay on schedule. Any prolonged interruption of federal funding could slow or stall the project, which is slated to be completed in 2021.

"Do I hope we can get some money this year? Yes," said J.D. Granger, Trinity River Vision's executive director. "Do I know if we can get some money? No. I do know we've been told that earmarks are not being accepted for the Fiscal Year 2011 continuing resolution."

Trinity River Vision's $80.7 million includes $49.8 million in local funding, $24.4 million in Army Corps of Engineers responsibility and $6.5 million in bond money from Fort Worth for construction costs related to the Henderson Street and Main Street bridges. But the federal dollars in this year's budget were carried over from previous years.

Congress is funding this year's budget through its Continuing Resolution Authority. The project is not part of the presidential budget, but like many other Corps projects it has been funded through earmarks, which places a certain amount of money in a funding bill and tells a federal agency specifically how to spend it.

"We can go roughly another year and a half to two years and meet all of our major milestone components," Granger said. "If it's going on for a couple of years, it will slow us down."

Tipping point

Tarrant County Administrator G.K. Maenius, president of the Trinity River Vision board, has been asking at what point the project is assured of getting the federal funding it needs to be completed.

"As a board member, we have always known the only hard stop on this project is if federal funding is not available," Maenius said. "Is it a concern if the federal dollars stop? Obviously it is."

"I'm curious when we reach the tipping point where we don't have to be worried," said Maenius, who added that he has been unable to receive a clear-cut answer. U.S. Rep. Kay Granger, R-Fort Worth, who has secured earmarks for the project since its inception, cannot seek funding for the project since Congress has instituted a moratorium on earmarks. Her son is J.D. Granger.

"Rep. Granger is prohibited from asking the Army Corps of Engineers to allocate funding for TRV due to the earmark moratorium," said Granger's spokesman, Matt Leffingwell,who said Granger has pledged "to work with federal, state and local partners" to secure funding."

Since the Senate joined the earmark moratorium, Sen. Kay Bailey Hutchison also can no longer seek an earmark for Central City, the Army Corps of Engineers portion of the project.

Corps funding uncertain

Given the current mood in Washington, a number of Corps projects face funding questions.

The Continuing Resolution, as approved by the House Appropriations Committee, would allocate $1.69 billion for construction in the Army Corps of Engineers' budget. With the earmarks ban, the Corps would then determine how to distribute the money.

In a statement provided to the Star-Telegram, Corps spokesman Gene Pawlik was circumspect about Central City funding this fiscal year whenever the Continuing Resolution is passed.

"... If it contains no direction on funding specific activities, the Corps/Administration will prepare a work plan that lays out the funding by project for the rest of the year," Pawlik said. "Projects that were included in the FY11 President's Budget for the Civil Works program will be given priority, but we have no information as to which projects will or will not be funded."

The Fort Worth project is not in President Barack Obama's budget -- nor was it in President George W. Bush's budgets -- but has been funded through earmarks championed by Rep. Granger.

According to Steve Ellis, vice president of Taxpayers for Common Sense, there were nearly twice as many Corps construction projects funded by earmarks as those in the president's budget.

The fiscal 2010 Corps budget had $1.6 billion and included 93 construction projects. Earmarks accounted for $346 million and 180 projects not in the president's budget.

Fort Worth Mayor Mike Moncrief said the current political environment in Washington does raise concerns about Trinity River Vision finishing on time -- but not about the project's future.

"Obviously, when the question of funding arises, we are dependent on what happens in Washington," Moncrief said. "But I'm confident that Kay Granger, in her leadership role, and her colleagues and both of our senators in their leadership roles will prioritize this project and continue to focus their energies on completing the task."

Although both Granger and Hutchison are on the appropriations committees in their chambers, the earmark moratorium is intended to keep members from using their influence to target funding.

"How does the Corps treat projects? Headquarters has to divvy up the money to the divisions and then the districts," Ellis said. "Could the amount for Central City be zero? Yes. I'm sure Ms. Granger would be pretty upset."

Ellis predicts there will be plenty of arm-twisting between congressional members and the Corps.

"There's this tension. If it's not in the president's budget, how do we fund it?" Ellis said of the taxpayers watchdog group. "

The Corps' Fort Worth District office had asked for more than about $43 million in federal funding that it will not receive, district spokesman Clay Church said.

Front-loaded project

The project, which is slated to cost $909 million in 2021 dollars, only has congressional authorization for $220 million, of which the Corps is obligated to pay $110 million.

Trinity River Vision officials have yet to seek congressional authorization from $220 million to $700 million. The $909 million figure is what Trinity River Vision officials estimate the project will cost in 2021 dollars when inflation and other costs are taken into account. The project includes contributions from local partners, the city of Fort Worth, Tarrant County and the Tarrant Regional Water District. Trinity River Vision is a subdivision of the water district.

The project is front-loaded with local dollars with the expectation that federal dollars will flow in to complete it.

Sandy Newby, Trinity River Vision's chief financial officer, said that additional authorization will be needed sometime between fiscal 2012 and fiscal 2013.

Steve Hollern, a former Tarrant County Republican chairman, has long questioned the cost of Trinity River Vision and who will shoulder that cost. He unsuccessfully led a petition drive in 2008 to cap Fort Worth's contribution to the project and worries that Fort Worth residents will end up footing more of the bill.

"I don't think we're going to get the federal dollars to complete it," said Hollern, noting that Speaker of the House John Boehner, R-Ohio, was unable to secure funding last week for an extra engine for the F-35 Joint Strike Fighter, which benefits his home state.

"When Boehner can't protect his own defense manufacturer, I would question whether Granger will find a way to slip in an earmark," Hollern said.

Staff writer John Henry contributed to this report.

Bill Hanna, 817-390-7698

Maria Recio, 202-383-6103

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