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Hennepin Canal Trail update
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Ed Barsotti
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Sep 08, 2008 13:11 PDT
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Dear LIBnews, ILcyclist, and others,
LIB is working on reversing the State's decision to close the Hennepin Canal
Trail and Parkway - here is an update.
At a conference last week, we were able to confirm that closing the HCT
would violate federal law and put the state at risk for losing hundreds of
millions in fed highway funds. We have been talking with the appropriate
agencies and, now, all the state and federal legislators along the trail
corridor. Each of the state legislators' offices welcomed our information,
as they had heard from many constituents about the closing. Below is what
was sent.
Probably tomorrow, LIB will be releasing a press release to the media - and
local governments - along the corridor. Already one interview has resulted
in a LaSalle newspaper article.
We encourage you to help by contacting the Administration at
http://www.illinois.gov/gov/contactthegovernor.cfm, asking for reversal of
the decision about the Hennepin Canal Trail and the state parks affecting
the I&M Canal Trail.
Ed
Ed Barsotti
Executive Director
League of Illinois Bicyclists
2550 Cheshire Dr.
Aurora, IL 60504
630-978-0583
e-@bikelib.org
www.bikelib.org
Support LIB's efforts - become a member at http://www.bikelib.org/join
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Dear [legislator],
We ask your help with the IDNR/Governor decision to close the Hennepin Canal
Trail and Parkway, which includes a segment in your district. All parkway
maintenance workers (but not the site superintendent) are scheduled to be
terminated on November 1, forcing the IDNR to either completely close the
trail or to allow it to be open but un-maintained - resulting in potentially
dangerous conditions and liability issues.
If you were not aware, the trail - and some canal reclamation - had received
significant federal dollars ($15.4 M) with a ($3.9M) state match, to make it
what is it today - a major part of the Grand Illinois Trail system,
stretching in a loop around northern Illinois.
It appears that the State (the Governor's administration, including top IDNR
brass) was perhaps not aware of the other legal implications involving the
Hennepin.
Last week, I asked Christopher Douwes (Federal Highway Administration, the
top expert on fed funding for trails) to confirm that it is illegal for the
state to close a project that the feds had invested in. The answer was
definitely YES. According to federal law section 23 USC 116, the state DOT
is responsible for insuring that such projects are open and being
maintained. They may delegate this responsibility to another agency, in
this case, through a contract with the grantee agency - IDNR.
The law says that the Federal Highway Administration may serve notice to the
state DOT about a violation, and if it is not corrected, the feds could
actually choose to withhold ALL federal transportation dollars from the
state - a huge sum!
In addition, much of the maintenance staff handling the I&M Canal Trail will
be laid off, resulting in a similar situation. My understanding is that the
I&M Trail also has received federal trail funds, although much less than the
Hennepin. (Already, we had been pushing IDNR/Administration to offer a
passable state funding bill to serve as front money for reimbursable FEMA
money. The FEMA money had been approved for repairing major flood damage to
the I&M. This did not happen yet, and there is 15 months remaining before
the FEMA funds go away.)
We are interested in emphasizing both the illegality of the trail closure -
and the threat of withholding all road funds(!) - as leverage to reverse the
closure decision. Would you be interested in helping with this issue - a
real concern for some communities within your district - and pushing the
FHWA to make this a serious threat?
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