1967 Memorandum of Understanding between the Army
We now advocate non-structural measures to prevent
flood losses for all circumstances where flood control
and Interior Departments, both Federal a g e n c i e s
have cooperated to preserve wetlands and e s t u a r i n e
dams are not essential-we thus hope to minimize flood
shallows, now recognized as invaluable public resources.
damage by restricting development in flood plains. We
In 1968, well before enactment of NEPA, the Corps
are studying intensively the traditional Corps practices of
to restrict drastically the rate
issued formal
dredging navigation channels, and hope to use dredged
at which wetlands were being converted into parking lots,
material as a useful resource to build new wetlands, to
recreational second home developments, condominium
reclaim strip-mined areas, and to serve other beneficial
sites, and the like. When the Corps refused to permit
purposes. We continue our efforts to prevent the destruc-
dredging and filling of a biologically productive Florida
tion of marshes, swamps and shallow water areas by
marsh to make a commercial trailer park in 1969, the
dredging or filling operations, an enlarged responsibility
developer sued us to obtain a permit. In the landmark
under Section 404 of the Federal Water Pollution Con-
case of Zabel v. Tabb, the U.S. Court of Appeals for the
trol Act Amendments of 1972. The few examples cited
Fifth Circuit upheld the Corps permit denial as a valid
above at least show that the Corps has been profoundly
defense of the public interest in environmental conserva-
influenced by the environmental movement which has
tion.
spread across this country since the
The Corps was thus actively preserving the environ-
The final and, in many ways, the most essential step has
ment even before the President signed NEPA into law in
been the revision of the procedures by which policies and
1970. However, t h a t s t a t u t e r e a f f i r m e d t h e C o r p s '
programs are implemented. During the past six or seven
already-adopted goals redirecting our policies and
years, we have established completely new guidelines and
programs to give due emphasis to environmental preser-
procedures which now systematically relate all aspects of
vation.
water resource planning to environmental criteria.
The mandates of NEPA and similar environmental
Environmentalism's Recent Difficulties
statutes encouraged the Corps to re-examine all of its
projects in the construction and design stages to seek
An objective observer might say that American
ways to accommodate environmental quality concerns
environmentalism bloomed most luxuriantly from about
more effectively. A recent study of Corps civil works proj-
1970 until the autumn of 1973. But from the fall and winter
ects shows that one-third of the 500 projects under con-
of 1973 onward, environmentalism has faced difficult
struction, or about to be constructed, were modified to
challenges spawned by the oil embargo, the energy crisis,
accommodate environmental considerations. Similarly,
and years of inflation and relative economic stagnation. Not
of 200 studies investigated, about one-third of the final
that environmental policies and programs can legitimately
alternatives proposed had been significantly changed
be blamed for America's energy and economic troubles; but
during the course of the study to minimize their impact
certain interests in our country have tried to blame
on the environment. In 43 percent of the 102 completed
environmentalists for obstructing solutions to many of
projects investigated, the operators had adopted, new pro-
these problems.
cedures to help protect the environment.
Nevertheless, most of the American people maintain
Corps implementation of NEPA also has been lauded
faith in the basic environmental ideals conceived in the
by the President's Council on Environmental Quality,
1960's and symbolized in the spirit of Earth Day
which stated in its report on Environmental Impact
celebrations. Popular support for environmental quality
Statements of March 1976:
has registered high in public opinion surveys during every
The Corps dropped or abandoned work
year from the late 1960's to the present, even in spite of some
on over a dozen proposed projects because its
economic woes. Perhaps the continuing commitment of so
NEPA process, (not litigation)
revealed
many of our citizens to the environment was a significant
that significant environmental damage would
element in the election of an avowed environmentalist to
result. Eleven other projects were stopped
the White House, in the person of President Jimmy Carter.
until environmental analysis could be com-
Environmental Prospects for the Future
pleted. The Corps also modified or recom-
mended for deauthorization many more proj-
The administration of President Jimmy Carter already
ects, in large part because of NEPA and the
has become a milestone in the history of America's
EIS requirement
These actions have
environment. On February 21, 1977, President Carter asked
resulted in widespread benefits which are
for a careful reappraisal of all water projects authorized for
real and substantial but cannot be tallied in
the Corps, the Bureau of Reclamation, the Tennessee Valley
monetary terms.
Authority, and the Department of Agriculture. Beyond the
In the years since enactment of NEPA, environmen-
review of specific projects, a more fundamental goal was to
talism has become increasingly instutionalized as a key
review and reform the standards which have traditionally
component within the Corps of Engineers. The Corps
governed Federal investments in water resource projects.
now employs a full array of environmental experts, in-
The reappraisal was welcomed within the Corps of
cluding biologists, geologists, recreation specialists,
Engineers for two reasons. A similar in-house review and
wildlife management authorities, hydrologists, and en-
analysis, i n i t i a t e d i n 1 9 7 3 , p r o d u c e d s e v e r a l e n v i r o n -
vironmental lawyers. This staff and the Corps' new en-
mentally or economically unsound projects which were
vironmental policies continue to generate valuable new
dropped from further funding while strengthening
programs which will, we hope, benefit the Nation and
confidence in those remaining underway. Also, the time
our environment.
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