LD 2077 WILL NOT RESOLVE DIFFICULT ALLAGASH ISSUES

INTRODUCTION

In 1966, Maine voters overwhelmingly approved funding to create the Allagash Wilderness Waterway (AWW). The original bond issue was clear that the goal was to enhance the "maximum wilderness character" of the waterway. Progress was made to achieve that goal, but some mistakes were made as well.

In February 2002, the State of Maine signed a Memorandum of Agreement (MOA) with the National Park Service to settle violations involved with reconstruction of Churchill Dam by the State without a federal permit. Later that year, a stakeholders group met at Bigelow and agreed on a list of changes to vehicular access sites in the AWW. In May 2003, another stakeholders group signed a consensus document, called the River Drivers Agreement, to implement some of the provisions of the MOA, to carry forward the terms of the Bigelow Agreement, and to resolve other contentious issues involving the Allagash. In November 2005, the Department of Conservation proposed changes to the Allagash Management Plan to implement additional provisions of the MOA.

LD 2077 would undermine the 2002 Memorandum of Agreement, the 2002 Bigelow Agreement, the 2003 River Drivers Agreement, and the 2005 proposed Allagash Management Plan changes. If LD 2077 is passed it may be challenged in court and/or in a citizen referendum.


AREAS WHERE LD 2077 BREAKS FAITH WITH THE RIVER DRIVERS AGREEMENT


1. Umsaskis access. LD 2077 says that "Spring, summer and fall access by motor vehicle to the edge of the watercourse shall be maintained at...Umsaskis Lake Thoroughfare." This is a problem because it contravenes the River Drivers Agreement, which says a 400-500 foot trail will replace the road to the water at Umsaskis.

2. Henderson Bridge access. LD 2077 says that "Spring, summer and fall access by motor vehicle to the edge of the watercourse shall be maintained at...Henderson Brook Bridge." This is a problem because it contravenes the River Drivers Agreement, which calls for “vehicle access at [a nearby] bogan” rather than at Henderson Brook Bridge.

3. Ramsay access. LD 2077 says "canoe access is allowed" at Ramsay Ledges campsite. This is a problem because Ramsay has not been an authorized launch site. People launching boats will conflict with campers there for a wilderness experience.

AREAS WHERE LD 2077 EXCEEDS THE RIVER DRIVERS AGREEMENT AND ALL PREVIOUS ALLAGASH AGREEMENTS

4. Henderson Brook Bridge. LD 2077 would create a commission "to make recommendations on the design of a bridge to replace the existing Henderson Brook Bridge." This is a problem because the 2002 Memo of Agreement between the State of Maine and the National Park Service requires that the State's AWW Management Plan be revised to address how the federal Wild & Scenic Rivers Act and guidelines will be applied in reviewing whether to keep bridges and other structures within the AWW. The Department of Conservation was prepared to study all options for the future of Henderson Brook Bridge--repair, replace-ment or removal. A committee was appointed, a facilitator was retained, meetings were scheduled. However, LD 2077 preempts all that. Rather than an honest evaluation of whether the bridge should be fixed or replaced or relocated or removed, LD 2077 attempts to transform an illegal, temporary structure across one of the most important wild rivers in the United States into a permanent crossing with no consideration of alternative bridge sites outside the AWW.

5. Management Plan. LD 2077 would require the Department of Conservation to "submit all changes proposed to the 1999 Allagash Wilderness Waterway management plan" to the Legislature and would prohibit DOC from implementing any changes to the plan, except reconstruction of the crumbling Taylor Camps, unless and until the legislative committee approves the plan in 2007. This is a problem because the Allagash management plan has never been subject to mandatory legislative approval before. This represents micromanagement of executive branch functions by the legislative branch of state government. Moreover, failure to revise the Allagash management plan for another year further violates the 2-year deadline in the 2002 Memorandum of Agreement.

6. Vehicular access. LD 2077 would lock into law non-winter motor vehicle access at 11 sites. At 6 sites trucks and cars can go right to the water (Chamberlain Bridge, Churchill Dam, Umsaskis, Henderson Bridge, Michaud Farm, Twin Brooks). At 5 other sites motor vehicle "short trail" access would be allowed (John's Bridge in May and Sept, Bissonette Bridge, Finley Bogan, Ramsay Ledges, Indian Stream). This is a problem because originally there were only two vehicular access points recognized in the AWW. Others were not authorized; they just happened. Legitimizing them when many of the actions called for by the Memo of Agreement, the Bigelow Agreement, and the River Drivers Agreement have not yet been done violates the integrity of the stakeholders process.

7. Snowmobile access. LD 2077 would lock into law snowmobile access at 19 (undesignated) sites. This is a problem because originally there were no authorized snowmobile access points to the AWW. In fact, the law currently says that snowmobiles are prohibited except as allowed by the Bureau of Parks and Lands. If the Legislature is going to lock in more than a dozen and a half snowmobile access points, it is essential that, for balance, substantial non-motorized winter use areas (e.g., Churchill Dam to Round Pond and a larger area around Allagash Lake) also be designated in statute.

8. Bridges. LD 2077 would declare as law that 6 watercourse crossings will be permanent (Henderson, Umsaskis, Churchill, John's Bridge, Chamberlain Bridge, Allagash Stream). This is a problem because it contravenes the 1966 Allagash Act and the 1970 designation of the AWW as a "wild" river within the national Wild and Scenic Rivers System. Both the state and federal laws and guidelines allow for temporary water crossings, but logging bridges are supposed to be discontinued when no longer necessary.