Page 20: of Marine News Magazine (February 2015)

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COLUMN FINANCE 2011. Under current law, NESP could be de-authorized if auspices of the Illinois Department of Natural Resources, it does not receive funding in 2016, undoing years of study with the expectation that it would transition into an In- and multi-state collaboration. land Rivers and Waterways Authority that would serve as

Speci? cally identi? ed as included within NESP are sev- the non-federal and local sponsor of the program under eral locks and dams on the Illinois River, since this water- WRRDA Section 5014.

way connects the Great Lakes with the Upper Mississippi

AILURE IS OT AN PTION

River and commodities shipped on the Illinois River can F N O be transshipped via the St. Lawrence Seaway to Canada Legislative support for this initiative is being led by both and Europe, or via the Mississippi to the Upper Midwest Illinois State Senator David Koehler, Chair of the Agricul- or to the Gulf of Mexico and beyond. Although the full ture Conservation Committee of the Illinois State Senate, scope of NESP encompasses all of the states within the and Illinois State Senator Martin Sandoval, Chair of the

Upper Mississippi River System, an appropriation by Con- Transportation Committee of the Illinois State Senate. On gress of funds by 2016 for a construction project for one or December 2, 2014, a subject matter hearing was held before more of the locks and dams on the Illinois River that are the combined committees on the issues currently needing speci? cally identi? ed in NESP would avoid the de-autho- to be addressed for the locks and dams on the Illinois River rization of NESP for lack of funding. and on the feasibility of the IMMR P5 approach. Represen- tatives of the Illinois Department of Natural Resources, of

P -P I the U.S. Army Corps of Engineers, of the Illinois Soybean

UBLIC RIVATE NITIATIVES

Enter WRRDA Section 5014 and the Water Infrastruc- Association, of the environmental and engineering consult- ture Public-Private Partnership Pilot Program. Section ing ? rm CH2M Hill, of the Nature Conservancy, and of 5014 allows for the transfer of federally authorized projects several environmental advocacy organizations presented to a non-federal sponsor for design, ? nancing, construc- testimony. Senator Koehler chaired the hearing.

tion, operations and maintenance. The State of Illinois, In his opening remarks, Senator Koehler summarized through its legislature and its Department of Natural Re- the importance of the inland waterways to the economic sources, which has responsibility for waterways within the health of Illinois and the nation, and the need to address

State of Illinois, is evaluating whether to serve as the spon- the continuing deterioration of the inland waterways infra- sor for a new public-private regional authority that would structure. Following the testimony of certain environmen- become the non-federal sponsor for this program under tal advocacy organizations who expressed opposition to

WRRDA Section 5014. facilitating commercial navigate on the inland waterways,

Then-Governor Pat Quinn of Illinois noti? ed the U.S. Senator Koehler asked, “Is anyone here suggesting that we

Army Corps of Engineers in a letter that Illinois would be- do nothing?” When no one responded in the af? rmative, gin to address the need for an innovative delivery model to he said, “Good – because that is not one of the options.” upgrade the locks and dams on the Illinois River through the use of a public-private partnership as authorized in

WRRDA.

Those working on this initiative have designated it as the “Illinois and Middle Mississippi River Public-Private Partner- James A. Kearns is a Partner at Bryan Cave LLP. Mr. ship Pilot Program,” or IMMR P5. The initial focus will be Kearns has represented owners, operators,