Strategy and workplan to get funds to rebuild a hiking trail destroyed by major dam failure

December 18, 2005 9:01 AM

I need a strategy and workplan to get funds to rebuild a hiking trail destroyed by a major dam failure.

A dam owned by an electric utility was breached and dumped a billion gallons of water on state property, and in the process destroyed a portion of trail my nonprofit maintains with volunteer labor. I am worried that trail reconstruction funds may not be included in any compensation agreement between the utility and the state.

I want to enter negotiations with the utility and the state as an interested third-party to insure that 1) the trail is rebuilt; 2) the utility pays for reconstruction; 3) (ideally) our nonprofit receives funding for reconstruction, as we are effectively the group that builds and maintains the trail system affected by the dam failure.

I am looking for examples, precedent, or knowledgable advice on a strategy and workplan that I can take to my board.

posted by F Mackenzie to Law & Government (10 answers total)

I can't answer your question, but I have walked the trail and stayed at the campgrounds on many occasions. And even though I don't live there anymore, my family does. They regularly visit the affected area and I try to as well when I return. I hope you're successful!
posted by ewagoner at 9:13 AM on December 18, 2005

Does your nonprofit have any kind of written agreement with the state (for example, that they would not remove or otherwise damage the trail)?

Also, publicity might help - talk to local newspaper(s) or magazines about a story.

Finally, keep in mind that state agencies (like the one that will be negotiating with the utility) are responsive to a variety of pressures other than legal ones. So, for example, if you (representing your nonprofit) and (say) members of a local or state hiking group were to visit the state legislators from your district, they in turn would probably quite willingly contact the state agency and request that the agency's ask for compensation to rebuild the trail.

Finally, you might want to contact some local businesses affected by the damage to the state park (hotels, restaurants, guides, whatever) and ask them to help you lobby the state agency for a full restoration of the park, including the trail.
posted by WestCoaster at 11:09 AM on December 18, 2005

I know this may sound silly, but look to enlist the help of your local Boy Scouts. Eagle Scout projects require some sort of community involvement, and trail restoration is commonplace up here in Ohio's Miami Valley. Any volunteers might help.
posted by adzm at 12:02 PM on December 18, 2005

Start with the agency in charge of the state property -- I'm guessing it's the DNR-equivalent instead of the state Parks agency. If anything, they're more likely to have open communication channels with the utility, because they're in charge of managing resources rather than protecting them.

I would also contact your state legislators, both where you live and where the trail is, so that they're aware of this citizen concern. This is especially true if there have been any state funds, even grants, in the past.

And I'd directly contact the utility, and try to gin up a public lobby via local businesses and media. All fronts, basically. And yes, this is a lot of work.
posted by dhartung at 12:17 PM on December 18, 2005

Where are you and who owns the land? If this was a dam on a river with significant fish populations there will be a huge $$ effort to replant, regrade and reduce sediment and other impacts. I'm guessing there will be some kind of damage assessment and compensation deal and you need to be in on that if possible. Start by contacting the land manager and asking them about it. If you do regular trail maintenance you should already have a relationship with this person. They won't necessarily be the one negotiating for compensation but they will have been asked to put together a package of projects and you can try and get your funds included in that. I'd imagine that the trail damage has already been included in the assessment but the rebuilding funds might be earmarked for the land owner or a group like the Conservation Corps which is why you haven't heard about it.

If there is no formal process and the trail has been ignored you should be able to get the $$ anyway by making a decent presentation to the company if it's a fairly small amount. If they are reluctant to give money directly to you for whatever reason (tax, publicity) consider having the utility make a grant to a larger group like the Conservation Corps who then carry out the trail rebuilding process in partnership with your NPO.

Finally, were there any problem with the trail to begin with? Sediment run off, erosion etc? If there were you will have to face the possibility that the land managers will want to relocate the trail or rebuild it themselves to spec rather thn having your group continue to manage it.
posted by fshgrl at 1:04 PM on December 18, 2005

Response by poster: More background to address some of the comments/questions:

This was a breach in a reservoir at a pumped storage hydro plant in Missouri. [news article] The land is owned by the Department of Natural Resource, State Parks division. Damage assessment is in full swing, and we're already in discussions with the agencies for temporary trail rerouting, volunteer assistance, and information dispersal.

The trail was in good shape and is probably Missouri's most-used hiking trail. As a park asset it is dwarfed by buildings, water treatment, sewage, electric, campsites, etc., and my fear is that trail reconstruction could get ignored in any settlement.

The best idea that I've read thus far is to get a few politicians involved. That is a good tactic to get the utility to compensate for the trail damage, but I'd rather the funds go to our nonprofit or another group besides DNR, as I'm afraid they won't be in a position to work on the trail for 1-2 years.

Still on my mind: how best to get a seat at the table with the utility and DNR, and how to convince them both that a separate trail fund should be established, and that our nonprofit should take a management lead.
posted by F Mackenzie at 2:20 PM on December 18, 2005

The trail was in good shape and is probably Missouri's most-used hiking trail. As a park asset it is dwarfed by buildings, water treatment, sewage, electric, campsites, etc., and my fear is that trail reconstruction could get ignored in any settlement.

I really doubt this will get ignored in a settlement so. More likely the Parks will get a bunch of money for trails over and above what it will cost to repair this section as compensation and might even be planning to complete a bunch of projects. If you want to be a part of this you need to contact the land managers and tell them you are interested. If you want to be the lead org you probably need a solid resume showing that you have the capability to carry out the work. Get your ducks in a row as far as the role you want to play, how you see that fitting into the larger landscape, the kinds of services (engineering, volunteers, admin, construction) that you can provide and set up a meeting with DNR. I'm assuming you actually have these things, if not you need to parnter with a group that does.

I don't think you should go the media/ politician route until you've at least tried just approaching them with your offer and actually asked them what is going on. Do you have any reason to think that trail rebuilding is going to be ignored? You say you're already working with the agencies- is this not going well or something?
posted by fshgrl at 3:55 PM on December 18, 2005

Response by poster: Do you have any reason to think that trail rebuilding is going to be ignored? You say you're already working with the agencies- is this not going well or something?

My primary contact on this section of trail was the guy who's family was washed away in the flood. Additionally, the DNR state trail planner's last day on the job was Thursday. I'm now dealing with people who don't know me very well, and don't know much about trails.

We had an F4 tornado rip through part of the trail several years ago, and it took two years before we were allowed in to get in with chainsaws (this was US Forest Service, not DNR). I don't want the same thing to happen again.

I'm getting pretty wordy here. Fshgrl, email me if you want to take any of this discussion off-site.
posted by F Mackenzie at 4:41 PM on December 18, 2005

My primary contact on this section of trail was the guy who's family was washed away in the flood.

How awful.

I don't know if I have too much more to add- I work with groups like yours a lot and it sounds like you have a lot to offer, it's probably just the phrasing of said offer and making it to the right person or people. Maybe the old planner would donate half a day to have a meeting with you and the new folks and sing your praises and the importance of getting the trail repaired asap.
posted by fshgrl at 5:17 PM on December 18, 2005

You could always raise hell with the St. Louis TV stations - the electric company doesn't wana look bad.
posted by notsnot at 7:00 PM on December 18, 2005