If history repeats itself it will be several more months before the verdict is in on whether the is effectively overseeing major public transportation infrastructure construction in the western United States, including Honolulu鈥檚 $6.6 billion commuter rail project.

Since August, auditors from the have been examining several projects in the FTA鈥檚 three western regions to determine whether the agency 鈥 which is a division of the transportation department 鈥 has been adequately assessing project financial risks and properly enforcing requirements for periodic financial and other reporting.

The audit is focusing on projects collecting federal Capital Investment Grant money including seven receiving funding from the FTA鈥檚 under terms of full funding grant agreements, or FFGAs. Besides Honolulu, those projects include two in Los Angeles and others in San Francisco, San Jose, Denver and Portland with a combined total cost of $16.8 billion and receiving slightly over $7 billion from the FTA.

Honolulu's rail project is part of a large-scale audit by the U.S. Department of Transportation's Office of Inspector General.
Honolulu’s rail project is part of a large-scale audit by the U.S. Department of Transportation’s Office of Inspector General. Cory Lum/CIvil Beat

Dan Grabauskas, HART鈥檚 executive director, said it makes sense that the OIG would select the region HART is in considering all the federal dollars that are flowing into Honolulu, San Francisco and Los Angeles. He also made clear that the audit is not in response to the current challenges facing Honolulu鈥檚 rail project.

鈥淚t鈥檚 not an audit of HART,鈥 Grabauskas said. 鈥淚t鈥檚 an audit of FTA oversight of HART and other agencies.鈥

Joseph W. Com茅, the DOT鈥檚 deputy principal assistant inspector general for auditing and evaluation, explained the audits in testimony to a congressional committee last summer, saying the objective is to identify opportunities for the FTA to 鈥渇urther target its oversight activities and better use the tools it has 鈥 to control cost increases and schedule overruns鈥 on projects it鈥檚 funding.

Those tools, said Com茅, were the FTA鈥檚 project management and financial management oversight contractors, who work for and report directly to the FTA. He said it was important for the FTA to 鈥渆ncourage鈥 recipients of federal funding (such as Honolulu) to 鈥減romptly address concerns identified by the PMOC.鈥

鈥淎s the FTA continues its oversight of these projects, it will be critical to fully analyze the results of the PMOC reports, take action where appropriate, and exercise its own oversight role in addition to the (PMOC) work,鈥 Com茅 testified.

鈥淔ederal investment in designing and constructing these major transportation projects call for rigorous oversight to help ensure the projects are carried out efficiently and economically and do not compromise safety,鈥 he said.

Under the Honolulu FFGA, the city is the official sponsor and actual recipient of $1.55 million in federal funding with HART being delegated responsibility for managing the project.

A keystone of the FTA oversight process and 鈥渃enterpiece of sound capital investment planning,鈥 Com茅 told Congress, is the continual updating of project financial plans which permit the FTA to 鈥渁ssess the reasonableness of financing assumptions鈥 by project sponsors.

Com茅 emphasized that performance audits such as the one currently being conducted in the western regions are distinctly different than OIG investigations which focus on criminal and civil matters where there are allegations of fraud.

FFGA Projects Included In Western Region OIG Audit:

Sponsor Project Budgeted Project Cost FFGA Funding
Honolulu 20-Mile Commuter Rail $5,121,690,000 $1,550,000,000
Los Angeles Westside Purple Line Extension $2,821,960,000 $1,250,000,000
San Jose Berryessa Extension $2,330,020,000 $900,000,000
Denver Eagle Commuter Rail $2,043,140,000 $1,030,450,000
San Francisco Central Subway $1,578,300,000 $942,200,000
Portland Portland-Milwaukie Light Rail $1,490,350,000 $745,180,000
Los Angeles Downtown Rail Transit Line $1,402,930,000 $669,900,000

The audit underway is the second FTA regional oversight examination conducted during the past three years. Following a 16-month study of FTA鈥檚 Region III headquartered in Philadelphia, an OIG report issued in August 2012 found several shortcomings, among them that the FTA was not providing its PMOCs 鈥渨ith adequate guidance or oversight鈥 to ensure the PMOC鈥檚 consistently identified and accurately tracked deficiencies found when they reviewed projects receiving federal funding.

The OIG also found 鈥渁 clear lack of guidance鈥 by the FTA鈥檚 Washington headquarters spelling 鈥渙ut how and when regional offices should use remedies and sanctions鈥 to force project sponsors to correct deficiencies.

One of those remedies could be the withholding of federal funds, which the FTA has threatened to do with HART if the Honolulu City Council doesn鈥檛 approve implementing a five-year extension of the GET surcharge.

Councilman Joey Manahan believes any additional oversight of the project is good. That鈥檚 why he said the City Council is taking its time to approve any extension of the GET surcharge to help pay for more than $1 billion in shortfalls.

But he also says that he鈥檇 like to see a local audit of the GET money that鈥檚 been collected by the state and doled out to the city so far. Manahan said he would want such an audit to look at how the money is being collected and used. That includes a probe of the state鈥檚 10 percent administrative fee that it skims off the GET surcharge collections.

鈥淲e haven鈥檛 had an audit of the local sources of funding, mainly the general excise tax, either from the city or the state,鈥 Manahan said. 鈥淚f they (the DOT) have a system of auditing how the New Starts money is being spent we should also have an audit of how the local source of funding, the general excise tax, is being spent or collected or used.鈥

The Honolulu City Auditor鈥檚 Office is currently performing an audit of the rail project that will , including contract awards, a detailed accounting of revenues and expenditures and the likelihood for additional cost overruns. The audit is expected to be completed before the City Council takes a final vote on the rail tax extension.

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