Right. Unless ADOT got a waiver or extension to the 10 year PE rule, they would have to pay it back.
Same goes for the VDOT projects you mentioned: Enforcement of the rule is dependent upon the FHWA division and waivers/extensions can be obtained.
Yeah, but the whole thing stinks --
"Since 2016, the Alaska Department of Transportation & Public Facilities (DOT&PF) has worked with the FHWA to complete the supplemental environmental impact statement in a manner that allows the state to avoid repaying federal funds spent to date on the project. "
An SEIS could easily cost several million dollars to conduct and prepare. So they spend all this money on a project that for several decades has proposed an alternative to build a new highway to connect Juneau to the continental highway system, and in the end they conduct an SEIS to declare "no build alternative"!
I am also troubled at the many times over the last 40-some years that I have heard of major differences in practices, processes, regulation and enforcement in the various FHWA division offices (the FHWA office in a state that interfaces with that state's DOT, for those readers who don't know what a FHWA division office is).