We have great news!
This week American Whitewater has been working with other national organizations including American Rivers to successfully protect the Wild and Scenic Rivers Act. The Act was threatened by a provision in the Senate version of the EPW T-3 Transportation Bill (SAFTEA). The Bill, which was being considered by the Environment and Public Works’ Transportation and Infrastructure Subcommittee, would have authorized the construction of bridges and bridge crossings through scenic portions of Wild and Scenic Rivers by removing them from the list of regulatable “water resources projects” such as dams.
We have heard from both sides of the aisle that the offensive Section 1808(r) of the Bill “will not be in the Chairman’s mark.” In other words, it’s being taken out.
This provision was being pushed by a minority of interests based on recent transportation debacles on the St. Croix in Missourri (unsuccessful) and little Miami in Cincinnatti, Ohio (pending) in which planners have tried ramrodding bridges across Wild and Scenic River Corridors.
SENATE EPW T-3BILL STRIPS PROTECTION FOR WILD AND
- Section 7(a) of the Wild and Scenic Rivers Act is the key provision protecting designated rivers.
- Without Section 7(a), there is no way to prevent harm to the natural resource values of Wild and
- Section 1808 ( r ) of the alternative EPW T-3 transportation bill would remove Section 7(a) protection when it comes to bridges, leaving no limits on the damage new and enlarged bridge crossings could do to our most treasured rivers and no oversight by any federal agency.
Current Status
▪ The Wild and Scenic Rivers Act protects 160
▪ Construction of highway bridges that directly affect a designated river, including “footings” in the river below the ordinary high water mark, must meet this standard.
▪ The federal agency responsible for a water resources project must first coordinate with the federal agency managing the wild and scenic river, and the managing agency assesses whether the project would have a direct and adverse effect on the river’s values.
Impacts of EPW T-3 Transportation Bill
▪ It would exempt bridges from section 7(a) of the Wild and Scenic Rivers Act.
▪ Virtually every river classified as scenic or recreational in the national Wild and Scenic Rivers System is crossed by one or more bridges. This includes more than 1/3 of all wild and scenic rivers, and over 6,000 miles of the national Wild and Scenic Rivers System.
▪ If the federal agencies that manage wild and scenic rivers no longer have the authority to review bridge projects, the rivers will have no protection from bridge construction and refurbishment, and no agency will review the impacts on the river values.
▪ Federal agencies will not be able to meet the non-degradation standard to “preserve and enhance” the values that led to protection of the river if they lose all control over bridges crossing wild and scenic rivers.
Only about one percent of the nation’s river miles are contained in the national Wild and Scenic Rivers System. Section 1808( r ) would do severe damage to a national river system that is currently administered, as Wild and Scenic Rivers Act section 1(b) states, for the benefit and enjoyment of present and future generations.