Legislative Update - LWCF & Hydropower Bill
Posted: 12/22/2015
By: Megan Hooker
This month, American Whitewater supporters stepped up, took
action, and made a difference on two important issues that have a big impact on river
conservation and recreation. As Congress wraps up the session for 2015, here’s an update on
where things stand with hydropower legislation and Land and Water Conservation Fund.
H.R. 8 - Hydropower Legislation
Background: H.R. 8 is a comprehensive energy bill that has some very troubling
implications for rivers with private and municipal hydropower dams. The hydropower provisions of
the bill make it harder to protect and restore rivers impacted by hydropower dams by allowing
operators to ignore federal and state laws that protect water quality, endangered species, fish,
wildlife, recreation and public lands. It strips states and Native American tribes of their
existing authority to hold dam owners accountable for pollution and damage to local rivers and
communities, as well as federal agencies to protect fish and other aquatic species. It also would
have made it easier to build new dams on freely flowing rivers.
Update: The House passed H.R. 8 on December 3rd. Your efforts DID make a difference
though, and hope is not lost for the future. The outcry from the paddling community was strong
(over 700 of you reached out to your Representatives in a 24 hour period before the vote),
stirring a lot of controversy around the hydropower provisions. The bill passed on nearly a party
line vote, and the hydropower industry’s effort to make this a bipartisan initiative
largely flopped. The bill goes to the Senate next, and this controversy will make it more
difficult for the hydropower provisions to move forward.
Additionally, the Obama Administration issued a Statement
of Administration Policy noting that the President would likely veto the bill in its
current form, in large part because of the hydropower provisions. The SAP states that H.R. 8
would “undermine the current hydropower licensing regulatory process…that works to
minimize negative impacts associated with the siting of hydropower projects, including negative
impacts on safety, fish and wildlife, water quality and conservation, and a range of additional
natural resources and cultural values.” It certainly is an incredible achievement to have
the President single out this portion of the bill.
Land and Water Conservation Fund (LWCF)
Background: As “America’s best conservation program,” the LWCF has
helped to build trails, parks, river access, trailheads and so much more for over 50 years in all
50 states. This vital program has funded key river access points on Washington’s White
Salmon and Green Rivers, Idaho’s Salmon River, Colorado’s Arkansas River,
Georgia’s Chattooga River, and dozens of others across the country.
LWCF uses a portion of the royalties from off-shore oil and gas leasing to fund outdoor
recreation and conservation projects, and was set to expire on September 30th, 2015. American
Whitewater’s members and other outdoor enthusiasts wrote to their Congressional
Representatives in support of LWCF, and AW staff and members visited D.C. to highlight its
value.
Update: Despite having broad bi-partisan support, Congress let the LWCF expire. Shortly
afterwords, Representative Rob Bishop (R_UT) introduced a
zombie LWCF bill that would have made the program a shell of its former self. The
overall outcry from the outdoor recreation community was huge. Fortunately, Congress took note
and reauthorized the program for 3 years at $450 million in the Omnibus bill it recently passed.
Although this is 1/2 the amount that LWCF was historically slated to receive ($900 million) and
is a temporary solution, we see this as a pretty great first step. In the current political
climate and with a zombie bill in the works, it’s great news that the program still looks a
lot like its former self. Plus, $450 million is actually 50% more than the fund has seen in the
last few years.
Thank you to everyone who took action on both of these issues! You made a
difference by helping to keep Congress alert to the issues that are important us all. Both of
these issues will need your enthusiasm and action in the future…stay tuned to AW for
updates. In the meantime, congratulate yourself on a job well done!