 | Topics: Environment Army Corps Districts Use Alternative Dispute Resolution, continued Index Story: Army Corps Districts Use Alternative Dispute Resolution Case Study Plus: An Organizational Assessment of the U.S. Army Corps of Engineers in regard to Public Involvement Practices and Challenges: an extensive, 150-page assessment conducted by Stuart Langton in January 1994. Includes executive summary and recommendations, 3 long case studies, an historical profile, and bibliography. I. Forward II. Executive Summary III. Organizational Assessment IV. Case Studies - Case Study #1: Public Involvement Related to HTRW Problems Associated with the Expansion of the Winfield Locks and Dam.
- Case Study #2: The Experience of the White River Dissolved Oxygen Committee.
- Case Study #3: The Fort Ord Reuse Case.
V. Appendices A. Selected Opinions B. Historical Profile and Bibliography Contents Case Study #1: Public Involvement Related to HTRW Problems Associated with the Expansion of the Winfield Locks and Dam. Case Study #2: The Experience of the White River Dissolved Oxygen Committee. Case Study #3: The Fort Ord Reuse Case. Case Studies: Preface The following three case studies have been prepared as a part of the U. S. Army Corps of Engineers Public Involvement Assessment Project. The purpose of the project is to assess the Corps' effectiveness in involving the public in planning and decision making. The project goal is to suggest how the Corps can provide effective public involvement in the future. In addition to the case studies, the project includes an organizational analysis of the Corps in regard to public involvement practices and a historical profile of Corps efforts to promote public involvement since 1970. Three case studies were selected that represent the kinds of projects and issues which the Corps is likely to encounter more frequently in the future. One case involves attempts to deal with a significant hazardous and toxic waste problem in constructing a new navigational lock on the Kanawha River in West Virginia. Another case is concerned with attempts to deal with low amounts of oxygen below the Bull Shoals and Norfolk Dams on the White River Basin in Arkansas that threatens a major trout fishery. The third case is about the effort of the Corps to provide services to the Army in planning for the reuse of Fort Ord in Central California. Each case study examines projects that could provide enough information for a book. However, the guidelines for these cases established a limit of 10 to 12 pages in the interest of the reader and for purposes of economy. Consequently, each case seeks to highlight the major issues, developments, and learning in the case. While the major technical and operational matters in each case are summarized, the focus of the case is on issues and dynamics related to public involvement. The three cases were investigated and written by the project consultant, Stuart Langton, Ph.D., an authority on citizen participation. He visited each case site and interviewed 12 to 20 persons. His interviews included Corps personnel, representatives of other agencies, elected officials, reporters, citizens, and leaders of interest groups. In each case, Dr. Langton's aim was to identify important learnings that could benefit personnel within the Corps of Engineers who will deal with similar challenges. Accordingly, each case identifies seven suggested learnings. Case Study #1: Public Involvement Related to HTRW Problems Associated with the Expansion of the Winfield Locks and Dam Background The busiest navigation locks in the United States in terms of number of lockages are the Winfield locks located on the Kanawha River near Charleston, West Virginia. The Winfield Locks and Dam, completed in 1937, are one of a series of three such navigational facilities along the river which allow barges to travel to the Ohio River. Traffic through the Winfield locks has grown dramatically as demand has increased for low-sulfur West Virginia coal which is transported in barges on the river. Between 1985 and 1992 lockages increased from 16,000 to 22,000 annually. As a result of increased use, barges wait in turn for up to 24 hours to pass through the locks which increases cost for producers, the navigation industry, and consumers. Assuring timely barge traffic is important in its environmental implications since to transport the equivalent of one barge would require 58 trucks and a typical 15 barge tow would require 870 truck loads. The U. S. Army Corps of Engineers (Corps) which operates the Winfield Locks through its Huntington, West Virginia, district office began planning efforts to construct an additional lock in 1982. In 1986, authorization was signed by the President for the Corps to proceed with engineering and design and land acquisition activities to construct an additional 110-foot by 800-foot lock at the Winfield Locks and Dam. The Corps schedule for completing construction of the project was 1996, and the estimated cost was $210 million, half of it provided by the Inland Waterways Trust Fund. In 1987, the Corps initiated efforts to acquire 44 tracts of land totaling 338 acres in order to build the new lock. Among the properties to be acquired was a 22 acre property owned by A.C.F. Industries and used as a rail car service and repair facility. Between 1956 and 1986, A.C.F. maintained and serviced a fleet of up to 47,000 rail cars used for solid and liquid chemicals transport. In 1986, A.C.F. discontinued operations at the site. On 30 November 1988, the Corps initiated environmental investigations to determine if hazardous and toxic wastes were present on the A.C.F. property. On 1 December the Corps met with company officials to discuss environmental testing. On 5 December the West Virginia Department of Natural Resources (WVDNR), responding to a public complaint, conducted an investigation of the site. On 14 December an initial site reconnaissance of the property was conducted by the Corps. However, follow-up scheduled environmental testing was not conducted because A.C.F. would not allow additional entry or sampling on the property. In February 1989, the WVDNR conducted an inspection of the site and observed various drums of waste material and areas of the property devoid of vegetation. A.C.F. agreed to sample the drums and designated soil areas. In May, under order from WVDNR, A.C.F. had a study undertaken by Allstates Environmental Services, Inc. which defined areas of soil contamination and identified a number of chemical contaminants. In June, A.C.F. informed the Corps they wanted to clean up the site at their own expense. In October 1989, WVDNR ordered A.C.F. to clean up areas identified as contaminated. On 6 December 1989, WVDNR approved a site work plan to be undertaken by Allstates for A.C.F.. Two days later, the Corps filed a Declaration of Taking in U. S. District Court. By 11 April 1990, Allstates completed their clean-up work for A.C.F.. On 1 May, the Corps took possession of the property, and on 7 May the WVDNR issued an order stating that A.C.F. had satisfied the requirements of its order of the previous October. Following a storm later in May 1990, representatives of the Huntington, West Virginia, District Office of the Corps observed discolored water seeping through the walls of an excavation pit that had been dug for A.C.F. by Allstates Environmental Services. The Corps proceeded to conduct tests on the site as well as from the water wells of Eleanor, West Virginia, an adjacent community of 2,500. While no contamination was found in the town wells, seepage from the pit walls had high levels of contamination. The Corps proceeded to inform A.C.F. that they believed the company was still responsible for remaining contamination of the site. On 14 August 1990 A.C.F. responded that the clean-up of the site was completed as required by the WVDNR and the company would not return to conduct additional testing or clean-up work. Triggering Events On 17 August 1990, an equipment operator for a Corps contractor became ill from fumes from the ground while digging a utility trench to the Operations Shop Building. The Corps issued an order to cease work and initiated additional testing for contamination. The Nashville District Office of the Corps, the office within the Corps' Ohio River Division designated for specialization in dealing with Hazardous, Toxic, and Radioactive Waste (HTRW) was called in to help. In September, personnel from the Huntington and Nashville district Corps offices and Nashville's contractor, TCT-St. Louis, began testing the site using soil-gas surveys, soil and water sampling, and groundwater monitoring wells. In December 1990, at a meeting with regional E.P.A. officials, it was determined that the Corps as an agency of the Department of Defense, rather than E.P.A., would be responsible for site clean-up because the A.C.F. site had become a federal facility but was not designated on the National Priorities List (NPL). Consequently, it was determined that the Corps would be responsible for site clean-up under the provisions of the Comprehensive Environmental Response, Compensation, Liability Act of 1980 (CERCLA) and pursuant to the National Contingency Plan (NCP) regulations (Code of Federal Regulations, 40, Part 300, July 1, 1991). Throughout 1991, the Corps continued to conduct tests on the A.C.F. site. Successive tests on different sections of the property indicated widespread contamination. By late November, a total site study led to the conclusion that there were 61,000 cubic yards of contaminated soil at the property, including 130 types of organic compounds and 10 forms of dioxins, furans, and metals - "a witch's brew of chemicals," as one West Virginia regulatory official commented. To illustrate the severity and complexity of contamination on the site, one area had in excess of 19,000 parts per billion of dioxin whereas the acceptable E.P.A. level is 2 parts per billion, and there were 140 types of contaminants identified, whereas most super-fund clean-up sites have only two or three. As the severity of contamination at the A.C.F. site became increasingly clear during 1991, the Corps increased attention to ways of cleaning up the site and informing and involving the public. The protocol in regard to these two needs was framed by federal regulations established by CERCLA. The process required under CERCLA included the following: 1) Maintaining an Administrative Record, copies of which must be made available to the public; 2) preparation of an Engineering Evaluation/Cost Analysis (EE/CA) report that analyzed the nature of contamination, identified alternatives, and proposed preferred actions; 3) Public notice regarding the EE/CA and a 30 day period for written comments from the public; and 4) The preparation of an "Action Memorandum" including a description of proposed actions and a summary of public comments and responses to them. In late November 1991, the senior public affairs officer of the Huntington District completed a proposed public affairs plan to meet the public involvement requirements of CERCLA. Among the elements of the plan was a proposal to keep all concerned parties informed of "major findings, activities, and decisions in an effective way." In addition, the plan recommended to, "provide local residents, concerned interest groups, local and state officials, and congressional delegation with the opportunity to comment on remedial action alternatives before final selection of a remedy." The intent of this proposal was to obtain public involvement prior to publishing the EE/CA report. Critical Decisions and Their Impact As events transpired, the Corps proceeded to prepare the EE/CA without preliminary public comment on remedial action alternatives. On 5 May 1992, the Huntington District released the EE/CA prepared by the Nashville District and announced it would cost approximately $100 million to clean up the contaminated soil. The report identified eight clean-up alternatives: Physical/Chemical Solidification (mixing and forming soil into a solid form that can be disposed in a landfill), off-site disposal in a secure Class I landfill; thermal treatment (incinerating) soil on-site; washing soil on-site; vacuum extraction of gas from dry wells on-site; bioremediation (using microbes that multiply and degrade contamination); off-site incineration; and on-site disposal. The report proposed "on-site thermal treatment" among the alternatives. "This alternative," the report noted in summary, "can be instituted within a reasonable time frame to avoid delays in the lock construction schedule." Public reaction to the Corps' proposal to incinerate contaminated waste on the former A.C.F. site was immediate and strong opposition . Opposition to incineration had previously been suggested in informal conversations between public affairs staff and community leaders. As one environmental leader offered, "we will accept incineration when donkeys fly." In the weeks following publication of the EE/CA, there was widespread concern among citizens and elected officials that the 30 day comment period for public comments on the EE/CA was too short. Citizens signed petitions to extend the date and many wrote letters to the Huntington District office. The mayor of Eleanor asked the Corps to send representative to a meeting at the Town Hall to discuss the EE/CA on 22 May. Senior officials at the Huntington District advised the District Commander not to attend and instead to send a representative. The rationale for this advice was that the District Commander should wait and make a public presentation at a formal meeting organized by the Corps. The 22 May meeting was a severe public relations setback for the Corps. As it turned out, 150 people from Eleanor and surrounding communities heard about the meeting and showed up. A Charleston Daily Mail article reporting the meeting was captioned, "Army Corps Credibility Called a Problem." The Charleston Gazette characterized the meeting with a headline, "Residents Criticize Incineration Project." The Corps representative was quoted as saying, "At the very least large amounts of carbon dioxide will be admitted into the atmosphere...But we know of no other way to get rid of it." Among the points made by citizens at this meeting was a lack of trust in an agency that would purchase a piece of property without knowledge of the extent of contamination, a request to extend the period for public written comment beyond 30 days, and proposals for the Corps to explore other methods of disposing of contaminants. Prior to the 22 May meeting with the Mayor of Eleanor, the Corps had made plans to convene a major public meeting although this was not required by CERCLA. The meeting was scheduled for 11 June, at the Eleanor Middle School. As the Corps planned for the meeting, it also extended the period for public comment on its EE/CA until 5 July. The 11 June meeting was attended by over 200 people. The District Engineer made a presentation with the use of slides. The public then commented and, for the most part, comments were critical of the Corps and in opposition to the proposed incineration proposal. The meeting lasted until 12:30 a.m. as the District Engineer was particularly concerned that everyone present have an opportunity to speak. Changing Situation On the day of the 11 June 1992, public meeting, the local congressman from the district, Bob Wise, called the District Engineer (DE) to express concern about the need for more and better public involvement in regard to plans to clean-up the A.C.F. site. In the conversation, the DE, Colonel James Van Epps, and the congressman agreed that it would be beneficial to create a citizens advisory committee and to seek $50,000 to provide technical assistance for such a group as is the case in the E.P.A. Technical Assistance Grant (TAG) program at Super-fund sites. Several days later, on 16 June, Congressman Wise met with the Assistant Secretary of the Army for Civil Works, Nancy Dorn, and several Corps officials in Washington. He expressed concern that the Corps was rushing the process of dealing with contamination at the A.C.F. site without public involvement. He proposed the establishment of a citizens advisory committee and asked the Corps to provide a $50,000 grant to provide technical assistance. He then proposed that the Corps and the community might be best served by "bifurcating" the removal and remedial stages of clean-up efforts. He suggested that the Corps could excavate and store the contaminated soil so as to remain on schedule in their work on the new lock. This would also provide more time to evaluate remedial alternatives in cooperation with a citizens advisory group. Secretary Dorn said the Corps was open to considering such an alternative if E.P.A. and WVDNR would also agree. Eventually they did. On 27 June and 1 July 1992, the Corps sponsored two eight-hour public workshops in Eleanor, each attended by approximately 50 people. The format of these informal meetings included the presence of technical experts on various subjects available at tables set up in the town hall for conversations with the public. Among the experts made available was an E.P.A. consultant expert on incineration. At the July 1 workshop, an EPA representative discussed dechlorination as an alternative to incineration for the treatment of dioxin. While several Corps officials concluded the meetings were beneficial in informing the public, newspaper accounts suggested otherwise. One such account had the headline, "Consultant Recommends Burning Dioxin-Contaminated Soil." The article quoted the consultant to say, "Only incineration will take the dioxin away." The article also included the following quote from a citizen, "This is exactly what we expected from the Corps. There's nobody here to talk about alternatives to burning. All this was set up for was to dispel fears of incineration." By the 27 June workshop, the West Virginia Citizen Action Group had organized a community group to oppose incineration. The group, called P⋅R⋅O⋅T⋅E⋅C⋅T⋅(People's Response Organization Tackling Environmental Concerns through Teamwork), had representatives at the 27 June workshop who requested, and were given permission to set up a table. In early July, the Corps extended its deadline for public comments for another 30 days in response to public concern. Meanwhile, P⋅R⋅O⋅T⋅E⋅C⋅T⋅ attempted to sign-up members in the community. On July 18, Congressman Wise held a meeting with 100 residents to discuss the situation at the A.C.F. site. One consequence of the meeting was an agreement to ask the Assistant Secretary of the Army to visit the site. A citizen committee was also organized to evaluate threats to the water supply in Eleanor, since the possible contamination of the water supply was of growing concern among the public. By early August 1992, the Corps arranged to provide alternative water supply for Eleanor. On 3 August, Assistant Secretary of the Army Nancy Dorn visited Eleanor. Secretary Dorn held a public meeting and press conference and announced the Corps would pay for alternative water sources for Eleanor and conduct further monitoring of water wells in the town. She also announced the Corps would decide on whether to bifurcate the clean-up and disposal process within 60 to 90 days. New Dynamics On 21 September 1992, A.C.F. held a public meeting in Eleanor to present the findings of a study of the site it had commissioned Burlington Industries to undertake. By this time, it had been publicized that the Corps, through the Justice Department, was likely to sue A.C.F. to recover costs for cleaning up the site. The study said the Corps cost were grossly exaggerated. The amount of contaminated soil they claimed was 8,950 rather than the 61,000 cubic yards and their cost estimate was $10 million rather than $100 million. In October 1992, P⋅R⋅O⋅T⋅E⋅C⋅T⋅ sponsored a public meeting in Eleanor. Approximately 50 people attended. Six representatives from the Corps attended, including the newly assigned District Engineer. A speaker discussed the dangers of toxic wastes and dioxins. According to a Corps summary of the meeting, the audience "stated that they did not resent the Corps efforts and trusted the Corps' position to be closer to the truth than A.C.F.'s." By early November 1992, Congressman Wise proposed a structure for a Winfield Lock and Dam Advisory Group including the mayors or their representatives from Eleanor and five other surrounding communities, citizens at large from each of the communities, the County Commissioners, four state delegates, three representatives from P⋅R⋅O⋅T⋅E⋅C⋅T⋅, four state representatives, two state senators, a representative from local fire departments, and the Putnam County Emergency Service. On November 9, Congressman Wise sent a letter inviting representatives to join what he referred to as an "umbrella organization" and promised to set up an organizational meeting. In keeping with CERCLA requirements, in September 1992, the Nashville and Huntington Districts of the Corps published an "Action Memorandum" and on 9 December 1992, it was signed. The Memorandum did not propose incineration as had the earlier EE/CA and instead recommended the "bifurcation" which included removal and storage of the soil and further studies to "thoroughly examine all available technologies." Public reaction the Action Memorandum was positive. In a press release, Congressman Wise commented, "I am most encouraged by the Army Corps' promise to open up a second phase of the clean-up process, to conduct a feasibility study of all methods for final disposal of the hazardous wastes and to allow for additional public involvement in the process." Following the publication of the Action Memorandum, public unrest regarding the A.C.F. site diminished. The "Umbrella Group" was called together for its first meeting in January 1993. Congressman Wise chaired the initial meeting. Subsequent bi-monthly meetings were chaired by Susan Small of Congressman Wise's Charleston office. The Umbrella Group organized committees to address issues such as citizens' health and safety, emergency response systems, project monitoring, and technology evaluation. Corps representatives attended meetings once a month with the group. On 24 February 1993, a symposium was held in Huntington, West Virginia, for approximately 100 officials from federal, state, and local agencies and members of the Umbrella Group. Plans were explained for continuing the necessary construction of the new lock while removing and storing contaminated soil as called for in the Action Memorandum. In planning the symposium, some senior officials of the Huntington office argued against including Umbrella Group representatives. However, when the meeting was discussed with staff from Congressman Wise's office, they inferred the Umbrella Group would be included. After considerable disagreement and discussion within the Corps and among all parties, it was decided to include the umbrella group. On 15 May 1993, the Huntington District of the Corps sponsored a "Partnering Workshop" at the Eleanor Town Hall "to build cooperative relationships, etc." Among the partners were the West Virginia Department of Environmental Protection, the Umbrella Group, Towing Industries, Town of Eleanor, and others. The agenda for the workshop included developing a name, goals, and mission statement for the partnership. While some Corps officials expressed satisfaction with the meeting, several persons outside of the Corps said it was "a waste of time" and "an attempt to create another group." Representatives of the Umbrella Group declined to sign the partnering agreement. In the summer of 1993, the Umbrella Group elected officers, and a local resident became Chairman of the group. In August, Dames and Moore completed a report on the Preliminary Exposure Scenarios for Potentially Exposed Populations. On 24 August, the Umbrella Group met with Dames and Moore's representatives and suggested several corrections. Reportedly, the consultant said they would not change the report. A member of the Umbrella Group wrote after the meeting: "Their concern appeared to be in defending their report rather than soliciting input from members of the Umbrella Group...We came to the meeting prepared to discuss our concerns, and left thoroughly disillusioned." The Umbrella Group intends to continue to work closely with the Corps and its consultants in the future. "We don't want to bond with them, but we want a good working relationship," comments a member. "I have found them to be accessible and willing to provide information when asked. And, the Colonel and his staff seem to be making a real effort." An important need of the Umbrella Group is to have independent technical assistance available to them. West Virginia University has provided some assistance through an appropriation sponsored by Senator Robert Byrd. Recently, the state of West Virginia, through the office of the Governor, has made a $25,000 grant to the group. An appropriation for another $100,000 sponsored by Congressman Wise may also be available to the Umbrella Group in the future. "Given the complexity of the issues here," says a group member, "we need a lot of technical assistance. That is the only way we can be real partners with the Corps." Perspective and Outcomes This case represents one of the most, if not the most, complex and serious Hazardous and Toxic Waste problems that the Corps has had to address. Addressing the problems of the A.C.F. site was an ancillary challenge for the Corps. Its primary and ongoing focus was to construct the new lock at the Winfield Dam. Throughout this case, the Corps provided ongoing and timely communication with navigational interests which provided financial support for the project. The fundamental and recurring issue for the Corps in relation to the project was to maintain its construction schedule. The problems associated with the A.C.F. site increased over time as the Corps recognized the severity of pollution on the site. As public concern increased, the Corps had to devote more attention to public involvement in relation to the A.C.F. site. Consequently, a navigational construction project became a major hazardous and toxic waste clean-up challenge that would cost half as much as the total construction expenses of the new lock. Further, the public involvement challenges escalated from a supportive public to a public that was fearful and distrustful. The outcome of this case remains to be seen. An interim solution has been achieved by "bi-furcating" the process. For now, the A.C.F. site will be excavated and the polluted soil will be stored until a final solution is agreed upon for its disposal. The new Winfield lock will be built, which was the original goal of the Corps that has always been supported by the community. The public involvement challenges of the Corps in dealing with the public and their elected officials will continue for many years to come in regard to disposing of or treating contaminants from the A.C.F. site. It is ironic that the Town of Eleanor, West Virginia, adjacent to the A.C.F. site is called "the Cleanest Town in West Virginia." This lovely and active community named after Eleanor Roosevelt was developed as a planned community during the Great Depression. The challenge to the Corps and the community is to work together to assure that its motto is restored. Suggested Learnings What should the Corps learn about public involvement from their experience in developing plans to clean up the A.C.F. site at the Winfield Locks and Dam? This question was asked of a number of Corps officials, citizens, and public officials, and others familiar with the project. The most frequent suggestions are as follows. 1. Involve citizens and public officials actively and as early as possible in weighing alternatives. It would have been wise and cost-effective to involve the public prior to publishing the EE/CA. "The Corps made a mistake," commented one official, "in dealing with the EE/CA as a technical document while not anticipating and addressing its potential political impact on the community." "An ounce of prevention would have been worth a pound of cure in this instance," says another Corps official. 2. Be aggressive and pro-active in communicating with the public. "My impression of the Corps," a reporter observes, "is that they try to be open, but they very often find themselves in a reactive and defensive position." Several Corps officials suggest that the Corps should not assume the public will be patient or ready to hear from the Corps when it is ready to communicate. "In retrospect, it would have been better if the District Engineer had gone to the meeting with the Mayor of Eleanor." concluded a senior official. 3. Provide sufficient time or flexibility in a schedule for adequate public involvement. "Civil works projects are schedule-driven," comments a Corps official. He and several colleagues suggest that an important criteria for advancement within the Corps is, "to be on time and on budget." In this case, that dynamic was perceived to be at work by many public officials and citizens as the Corps developed plans to remediate the A.C.F. site. In the long run, several Corps officials suggest, that by not taking time to provide for greater public involvement more time was actually lost on the project schedule. "The Corps takes all kinds of time and spends all kinds of money on engineering studies, but they short-cut and short-change dealing with the public and this undermines the Corps' image and schedule." 4. Stress listening as much as communicating to the public. Many people within and outside the Corps acknowledge the quality of much of the written and visual material provided by the Corps in this case. They also acknowledge that the Corps made available experts to answer questions at public meetings and workshops. "This was good, but it had the down-side of seeming like a dog and pony show," one person observed. Another observed, "The Corps was geared up to provide answers to defend their plans and not to really listen. They need to figure out if they don't know how to listen, don't want to, or can't for political reasons." 5. Streamline and clarify the decision making process. A number of citizens and non-Corps officials point out their confusion and frustration in regard to understanding and dealing with the Corps' decision-making process in this case. "You go through this incredible bureaucracy, and deal with so many people who can't make a decision, you feel like you're getting blown off or getting screwed," says one citizen. Another adds, "We never could get straight whether Nashville, Huntington, or the Cincinnati Division Office or Washington was making this or that decision. It seemed like they didn't know." "We liked most of the people from the Huntington Office, but decided they were message carriers after awhile. This was not fair to them." says a member of the Umbrella Group. Another person added, "We imagine they wouldn't let a Colonel make a hundred million dollar decision, so we decided to go around them and go right to the top." 6. Develop adequate public involvement strategy and coordination. "It is not for lack of trying," summarizes a Huntington official in characterizing the District's effort in public involvement. The several district engineers involved throughout this case, the Project Manager, the Engineering Specialist who managed HTRW issues, and the public affairs officer are given high marks for their effort, commitment and openness by persons in and outside the Corps. "Our project management system was not enough in this case," reflects a senior official, "What we could have used was a strategy team and a good strategy in addressing the many complex and delicate problems in dealing with the public." Another official suggests that in addition to strategy, a better system of ongoing coordination of public involvement was and is needed because of the many entities involved within the Corps and the fact that there has been and is a lot of turnover in personnel associated with the case. 7. Assure all staff and consultants who meet with the public have the appropriate skills. In particular, three skills have been suggested. "We should always be sure that anyone who meets with the press knows how to handle the situation," is one suggestion. Another is to provide technical people who can communicate with the public. "We are not stupid and we don't like technocrats to talk down to us. We like clear explanations," suggests a citizen. Third, it is important to have people who represent the Corps who listen and reflect respect and empathy. "One arrogant speaker can undo the positive contributions of five others. People do not forgive or forget arrogance," advises a Corps official. Conclusions and Questions The technical and public involvement challenges associated with dealing with HTRW problems at the A.C.F. site were enormous. This case raises serious questions about Corps procedures in acquiring sites that may have HTRW problems or in depending upon a state agency to provide regulating assessment. It is encouraging that both of these issues have since been addressed in new Corps regulations. A critical question in this case is: should the Corps have purchased the A.C.F. property in the first place? A related and important question is: should the Corps have been more aware and forthcoming about the environmental problems at the site, even if its purchase was unavoidable? Among those interviewed for this case, several reported that the Corps had been informed prior to the purchase of the A.C.F. property of the potential of pollution problems. Further, while the purchase was being completed and shortly thereafter, several Corps employees indicated their concerns about the extent of pollution at the A.C.F. site. It has been reported that their concerns were not adequately considered. "By the internal rigidity exhibited in not listening to environmental concerns voiced by technical staff," one person observed, "we didn't have a prayer in formulating a successful public involvement process in dealing with the HTRW issue." This case took place during the tenure of three District Engineers. From all reports, each desired strong and open public involvement efforts. The Public Affairs officer provided plans consistent with this approach, and the Project Manager and HTRW manager were eager to comply. Guidance, as reported to have come from the Division and A.S.A. level, to not actively involve the public prior to the EE/CA exacerbated problems with the public. Senior staff guidance to discourage the District Engineer from attending a meeting with the Mayor of Eleanor compounded problems. It was all up-hill from there. Once Congressman Wise joined in, the equation changed. Whether the Corps should have altered its approaches to its planned public meeting and workshops at that point is a good strategic question. Should the Corps have altered its approach or was it capable of so doing? The visit of Assistant Secretary Nancy Dorn served to convince the public of how seriously the Corps considered this case. Should more have been done to follow-up and should stronger connections have been forged with Congressman Wise as he proceeded to develop the Umbrella Group? Was the partnership workshop necessary and, if so, how might it have been differently planned and structured in relation to the Umbrella Group? What should the Corps have done or do to assure that its contractors relate effectively to the public? These are difficult questions for an organization that has or does face difficult challenges in this case. The Corps should be encouraged that so many of its district personnel remain well regarded. A final question is how to best relate to this situation in balancing centralized and decentralized approaches in dealing with the public? Case Study #2: The Experience of the White River Dissolved Oxygen Committee Background The White River begins in the Ozark Mountains in northwest Arkansas, flows into southwest Missouri and returns to north central Arkansas where it continues south through the state until it joins the Mississippi. In the 1940s, 1950s and 1960s, the U. S. Army Corps of Engineers constructed six flood control dams, five with hydroelectric generating capacity, along the White River and three of its tributaries, the North Fork, Black and Little Red rivers. The Construction of these dams created large reservoir lakes: Beaver and Bull Shoals on the upper White River in Arkansas; Table Rock on the White River and Clearwater on the Black River in Missouri; Norfork on the North Fork and Greers Ferry on the Little Red River in Arkansas. These dams resulted in the loss of smallmouth bass fisheries due to the release of cold water. To partially mitigate this loss, trout were stocked once it was determined they could live in the release. Recreational demands on these lakes has grown dramatically in the last two decades. The tailwaters below the dams have also spawned great recreational interest. The reason for this is that the reservoir lakes stratify-with cold, nutrient-rich water settling on the bottom. When released at the base of each dam, the water is sufficiently cold to support trout. Consequently, the upper White River and its tributaries have become world-class trout waters which support stocked rainbow and cut-throat trout, as well as brown trout that have been successful in reproducing. The largest federal trout fish hatchery in the nation was, therefore, created along this river. In recent years, the world record brown trout was caught in the Little Red and trout over 30 pounds have been taken from the White River. Today, the value of trout fishing to the State of Arkansas is over $143 million annually making it one of the single largest revenue producing industries in the state. There is a problem that does occur in relation to the tailwaters below dams. Quite simply, in the late summer and fall the amount of oxygen at the bottom of each reservoir lake becomes deficient until water re-circulates or "turns over" as it does annually in early winter. As a result, the amount of oxygen in the water that is released at the base of each dam to generate electricity is deficient in oxygen. When there is less than 6 parts per million (ppm) of dissolved oxygen (DO) in the water, it may be stressful to trout, below 4 ppm, they will be impacted and possibly die, and below 2 ppm, they are likely to die. In some years, this problem is worse than in others. When low dissolved oxygen is a problem, those interested in trout want hydroelectric facilities to reduce the level of water they release, and, if possible, to add air to the discharge. Hydropower interests have historically been reluctant to do this because they will produce less electricity at such times and lose revenue. Tensions between hydropower and trout interests have been growing for years throughout the nation. On the White River alone this tension was exacerbated by fish kills in 1954, 1963, 1964, 1971, & 1972. (Opinions differ on the causes of these events.) The protagonists in this case were the U. S. Army Corps of Engineers (the Corps) which maintained the dams and produced hydroelectric power along with the Southwestern Power Administration (SPA), a federal agency, which markets and transmits hydroelectric power. In opposition to the Corps and SPA were state fish and wildlife agencies, a state environmental and tourism agency, sport groups (such as Trout Unlimited), and commercial establishments and outfitters that catered to trout fishermen. The position of the Corps and SPA for many years was that they were maintaining reservoirs within their mandates to provide flood control and hydropower while also trying to give fair consideration to recreational, fish, and wildlife concerns. The Corps and SPA maintained that the world-class cold water trout fishery on the White River and its tributaries was made possible by the dams and was supported by the federal trout hatchery. The position of opponents was that the federal government, through the Corps and SPA, were undermining the trout fishery resource it had created and was supporting. They argued that the Corps should be required at dam sites to meet federal Clean Water Act requirements with minimum requirements of 6 ppm of dissolved oxygen. The Corps argued that in previous legal cases it had been determined that reservoir releases are not considered point-source pollutants and they are exempt from requirements of meeting state water quality standards on dissolved oxygen. Triggering Event In October 1990, a number of stocked trout, as well as some naturalized brown trout, were reported to have died downstream of the dam at Bull Shoals reservoir. Testing by state officials indicated the water below the dam to be less than 2 ppm. The Arkansas Game and Fish Commission (AGFC) asked the Corps to reduce the level of released water. The Arkansas Department of Pollution Control and Ecology (ADPCE) issued an order citing the Corps and SPA as violating state water quality standards. The Arkansas Department of Parks and Tourism (ADPT) and Trout Unlimited also initiated action to intervene with ADPCE to compel the Corps to reduce discharges at the dam. The Corps and SPA did reduce outlet flow and vented turbines in early November. They established an operating target of 4 ppm which was claimed to allow trout to survive while not seriously curtailing hydropower operations. Temporarily, this brought the conflict to an impasse. On 27 November, then Governor Bill Clinton requested a meeting of Corps officials from the Little Rock District, the SPA, the AGFC, the Arkansas Soil and Water Conservation Commission, the ADPCE, and the ADPT. He requested that representatives of all the agencies establish a committee to develop short and long-term solutions regarding the dissolved oxygen issue. At about the same time, as a result of citizen action by resort owners below Bull Shoals dam, both U. S. Senators from Arkansas also requested the Corps to participate with state agencies to work out a solution. All parties agreed to do so. The "Ad-Hoc Committee on Project Operations-White River" was organized following the meeting with a representative of Governor Clinton. The Committee consisted of representatives of the Corps, the SPA, and the four state agencies. The Committee was organized into two functional groups-an "Operational Committee" and a "Long-Term Solution Committee." Each group was chaired by a Corps representative. The membership of the committees were overlapping, and as a rule, when the committee members met they would split their meeting time between considerations of short-term "operational" issues and long term considerations. Initial Agreements By June 1991, the "Ad Hoc Committee" had completed an inter-agency agreement for dealing with the dissolved oxygen problem below the Bull Shoals and Norfork Dams for the 1991 season. The agreement required compromise from all parties and was not achieved without conflicts among the representatives. "We brought a history of distrust among the agencies into the group" observed one participant. "We had to learn a lot about the practical and technical concerns of each agency," commented another member of the group. Among the elements of the agreement achieved by the Ad Hoc Committee for the 1991 season were the following. The Corps and the U. S. Geological Survey (U S G S ) would monitor the levels of oxygen in the reservoirs and below the dams. The information would be shared through the Corps' online computer program, allowing all agencies to monitor oxygen levels simultaneously. The costs for the monitoring were to be shared. When DO levels fell to 6 ppm the Corps would alert other agencies, recommend reduction in the amount of water release, block open vents on the turbines to add oxygen to the water, and spread the reduced hydropower load over several turbines to increase air intake as well as downstream DO levels. The AGFC would cease stocking trout immediately below the dams during such periods. When the DO level reached 5 ppm, the Corps would calculate when it might reach 4 ppm, requiring a further curtailment in the release of water, so that SPA could notify its customers of a potential reduction in electric generating capacity. The operational plan to hold turbine releases to a 4 ppm target was implemented successfully between July and December, 1991. There were no major fish kills and operational arrangements between the agencies proceeded as agreed. Meanwhile, explorations of long-term solutions made it clear that the major options would be very difficult and costly. One option was for the Corps to undertake a major study of the White River basin, or at least part of it, to identify alternative remedial actions, their costs and impacts, and make recommendations to Congress, possibly altering policies and procedures for managing reservoirs on the river basin and their outflows. Half of the cost for such a study would have to be borne by the state of Arkansas. A combination of factors, including cost and uncertainty regarding the results, made this option unattractive to the state agencies. The other options included filing legislation with Congress or filing a court suit against the Corps to change policy and procedures. The Corps, not surprisingly, could not be party to such action against itself. The state agencies were reluctant for reasons of cost and their ongoing desire to work with the Little Rock District of the Corps to pursue remedial action. Consequently, attention to long-term solutions was devoted to the exploration of technological options. In January 1992, the Ad Hoc Committee met to evaluate the first years implementation of their joint agreement. A representative from one of the Arkansas state agencies described the progress of the group as follows: "When the committee sat down in February 1992 to evaluate the operation plan experience, it was a different group than was brought together in the Governor's Conference Room in November 1990. Each member had a better understanding of the other's obligations and clientele. They had more appreciation for the technical discipline of the other members and more confidence in their collective ability to develop and share accurate information. Communication between technical and administrative elements in each organization improved. SPA quantified the cost to utility customers from generation restrictions imposed by the operational plan and cautioned that we could not always depend on favorable weather or no shut-downs at other plants in their system. COE found that turbine venting and load reduction did not cause the damage to vanes and bearings which they had feared. AGFC detailed the extent of trout stocking deferred because of low DO but experienced little negative reaction from anglers and resort owners because of effective public involvement and information efforts. The experience gained eased the way for a 1992 operational plan which was equally successful." Additional Progress in 1992 The 1992 operational plan included a continuation of the 1991 agreements. Additionally, the Committee agreed the state would undertake a fish monitoring study to better understand the impact of low DO on rainbow and brown trout. Part of this study was a project to insert radio transmitters in a small sample of trout to track their behavior during low DO periods. During the period of low DO between September and mid-November 1992, water discharges were curtailed and electrical generating capacity was reduced to less than 50% of capacity at Bull Shoals Dam. While no fish kills occurred below Bull Shoals in 1992, a minor kill occurred below Norfork dam on October 24-25 due to low DO levels at night following several hours without any hydropower release. An agreement was quickly reached among all parties to provide additional water releases at night and no further fish kills occurred during 1992. In early October 1992, many of the members of the Ad Hoc Committee traveled to Knoxville, Tennessee, to learn about efforts by the Tennessee Valley Authority (TVA) to deal with the DO problem. "The trip was helpful in three respects," commented a participant. "It gave many of us a chance to get to know each other better. It introduced us to some promising technology, and it demonstrated a comprehensive approach undertaken by TVA in dealing with reservoir management issues." Following the TVA visit, the Corps Little Rock District investigated the possibility of utilizing a technological innovation at Bull Shoals and Norfork dams used at several TVA dams. The technology involved the use of hub baffles on power plant turbines to pull more air into the turbines to increase DO levels. As events occurred, the Corps canceled tests related to the potential use of hub-baffles because the Bull Shoals reservoir was beginning to "turn over" and Corps officials feared the tests would be inconclusive. This event upset a number of Committee members. "Whatever the reasons, this slowed our progress," commented a participant, "and it gave the perception-whether fair or not-that the Corps was dragging its feet or not able to get through its bureaucracy to make a timely decision." The controversy over the cancellations of the hub-baffle tests was aired at a 2 November 1992 meeting of the Committee. It was agreed that "lack of communication" caused the controversy. The Corps representatives committed to provide the Committee with the proposal from its Waterways Experiment Station (W.E.S.) to undertake tests at a future date. 1993 Developments In January 1993, all of the participating agencies agreed, in concurrence with the Arkansas Governor's office, to formally combine the short and long-term committees into a single committee known as the "White River Dissolved Oxygen Committee." The new committee also included two agencies from the state of Missouri, the Department of Conservation and the Department of Natural Resources. While the previous short and long-range committees had been chaired by representatives from the Corps, the representative from the SPA was elected as chair of this new committee. The revised or reformulated committee, while including two new agency representatives, included most of the individuals who had previously represented their agencies. The revised committee identified three study sub-committees that had been developed in the previous two years. An Operations Sub-Committee was responsible for developing an implementation plan for dealing with DO during 1993. A Biological Sub-Committee was responsible for research concerning the biological effects of DO. A Public Affairs Committee was responsible for preparing, reviewing, and coordinating press releases. In early February 1993, Senator Dale Bumpers asked to meet with Committee representatives to review progress in addressing the DO issue on the White River. The meeting was prompted by a request from resort owners who perceived that sufficient progress was not being made. It was agreed that the Corps would prepare a report in the fall of 1993 describing turbine venting modifications at Bull Shoals and Norfork to increase oxygen below the dams during low DO periods. By August 1993, the White River Dissolved Oxygen Committee had agreed upon an operational plan for this low DO season for the third year in a row. As a result of Committee efforts, additional DO monitoring stations had been established. The Corps had undertaken preliminary tests and had installed hub-baffles on turbines at Bull Shoals and Norfork dams to conduct additional tests. Public Involvement This case demonstrates the complexity and changing nature of public involvement within the Corps. In regard to the DO problem at Bull Shoals reservoir in particular and other White River reservoirs more generally, the Little Rock District had to relate to three publics: other agencies with particular interests in the situation, public interest groups including trout fisherman and resort owners, and elected public officials including a governor and two U. S. Senators. The essence of the public involvement strategy of the Little Rock District (LRD) was to work with and through the Dissolved Oxygen Committee. The Committee itself was the vehicle for the Corps to work with the agencies, but it also became a vehicle for relating to interested citizen groups and elected officials. In the later instances, responsibilities were shared among agencies. For example, the AGFC provided written information for fishermen and resort owners. SPA communicated with electrical users. Several joint press releases were developed to inform the public. Representatives of the Corps and other agencies spoke to groups such as Trout Unlimited. Informal visits were made to resort owners. In the beginning, Trout Unlimited was invited to attend Committee meetings, but eventually they decided to remain informed and involved in other ways. Outcomes and Perspective For three years, the Corps LRD in concert with the other agencies has demonstrated the ability to develop cooperative operational procedures to manage the DO problem at Bull Shoals and Norfork dams. Further, the agencies initiated studies regarding trout behavior and technological approaches in relation to the DO phenomenon. In addition, the agencies have worked together to inform and involve interested citizens and elected officials. Long-term permanent solutions have been more elusive. This is understandable for many reasons. One reason is that the issue of DO is a broader national policy concern, especially in relation to the Corps. The Corps operates hundreds of reservoirs and dams throughout the nation that are exempt from federal Clean Water Act regulations. The dams constructed by the Corps were created in an earlier era for purposes of flood control and energy production. Increasingly, for several decades, public interest has grown in recreational amenities provided by the reservoirs and dam tailwaters. While the Corps has attempted to come to grips with these changes and competing demands, neither Congress nor successive administrations have provided clear policy guidelines regarding these matters. While the Corps, and each of the districts, attempt to accommodate the growth in recreational interests, it has no clear mandate or particular guidance. Because of this situation, the Corps was cautious in this case. It was cautious in proceeding in regard to potential costs and in regard to establishing a precedent. It was cautious because of the need to ascertain damage or accelerated wear that turbine venting might have on turbine equipment. It was also cautious because of a potential law suit from the State of Arkansas, which has remained as a threat throughout the process and is illustrated by the fact that the Arkansas Department of Pollution Control and Ecology, which originally filed a legal action against the Corps, was never willing to be a signatory for the three annual agreements developed by the interagency committee. The dilemma for the Corps, in regard to these long-term considerations, is poignantly reflected in the following statement included in the 1993 plan of the Committee: "It is recognized there are legal and technical considerations for each agency that go beyond the goals of the short term action plan for 1993. The participation by an agency representative in the development of the 1993 plan does not preclude that agency from pursuing any action deemed appropriate relative to its long term needs and goals." What is most remarkable about this case is that so much could be achieved in the short-term with a longer-term perspective that is reflected in the statement quoted above. It is a tribute to all of the individuals involved on the Committee that so much incremental progress has been achieved. It is a tribute to the LRD of the Corps to proceed with the potential of legal threats. It is a challenge to all concerned to seek a broader and constructive resolution of the DO issue and related concerns in Arkansas and throughout the nation. Suggested Learnings The experience of the White River Dissolved Oxygen Committee illustrates the capacity of the Corps to work actively with other agencies to address an issue of critical public concern. The successes achieved in this case were significant, albeit not easy to achieve. The experience of the White River Dissolved Oxygen Committee suggests many learnings for the Corps, other agencies, and the public in establishing policies and practices. Among the lessons suggested by those familiar with this case are as follows. 1. Be Willing to Share Control and Responsibility: An important factor in the success of the Committee was that control and responsibility were shared. Different agencies took the lead in various activities and also were willing to share costs. At the outset, the Corps exerted control and chaired the short and long range committees, but over time determined that this was neither in the Corps' nor the Committee's interest. "We like to have control," observed one Corps official. "Our inclination is to take over because we feel we have to balance our interests and the competing interests of others. This gives the perception that we are dictating. One of the things we learned was that if you are going to build a real partnership you have to let go and share control." 2. Establish a Common and Achievable Objective: A key building block for the Committee at the outset was the clear objective of a shared operational plan for increasing DO at Bull Shoals and Norfork for the 1991 season. "There were times in the beginning when we got real frustrated with each other," said one participant. "But we finally put a lot of the turfing and posturing behind us to get a plan adopted." 3. Share Information openly. The sharing of information contributed to the success of the Committee. At the outset, a number of persons reported, it was necessary for the Committee members to learn about the technical and political concerns of each agency. "We could not have proceeded without understanding where each of us was coming from, "said one participant. This takes time, but we moved ahead when people were more forthcoming." A Corps official added, "It goes beyond willingness to share information. What I found is that you had to volunteer it, anticipating the concerns of other agencies." An important role regarding shared information was the sharing of online technical data available on DO from the gauging stations established at Bull Shoals and Norfork dams. "This meant nobody had a black box or could manipulate data," commented a member. "With equal access we could have equal responsibility in carrying out the operational plan." 4. Utilize Work Groups. The establishment of sub-committees to deal with technical, biological, and public affairs issues were helpful in several respects. It was an efficient way to organize and carry out Committee tasks, but, as one participant observed, "this was a good vehicle for team-building. It furthered communication and appreciation for a lot of the people involved. You just got to know each other better than in the big group meetings." 5. Build Upon Success. The success of the Committee grew incrementally over a three year period. Having achieved an operational plan for 1991, the Committee did so again in 1992 and 1993, expanded its range of activities and the scope of its agreements. While a permanent "long-range" solution has not been achieved, the Committee has continued and increased its capacity for joint action. "Achieving operational plans for three seasons has generated both pride and confidence in our ability to work together," commented one member. Another observed, "Our trip together to TVA gave us a boost. It gave a lot of us a chance to know each other personally. It also gave a lot of us some ideas how the DO issue might be addressed longer term and on a basin wide basis." 6. Establish Effective Mechanisms for Involving the Multiple Interests within the River Basin. One Corps official has suggested that, "If we had better dialogue among the agencies back in 1990, we probably would not have had the DO problem the way we did." At that time, however, the Corps did have a White River Coordinating Committee in existence which met annually. "The limitation of that group," it has been suggested, was that it was primarily a sounding board for the District rather than an agenda setting or trouble-shooting body." The role of that Committee was to listen and advise on what the District wanted to do rather than what needed to be done," observed one person. While the White River Coordinating Committee continues to exist, the Little Rock District has recently created a White River Basin Ad-Hoc Work Group designed specifically to develop new operational plans for the management of reservoirs that respond to the competing needs among the many users of the White River. 7. Manage the Gap between Intent and Perception. One Corps employee noted that, "We have a problem in wanting to do the right thing but not doing it quite right." He went on to say, "Some of our people want to deal in an open, timely, and flexible manner. Others want to hide behind Congressional authority issues. And others can't budge from their preferred technical approach no matter what others think." Others perceive the Corps in these ways. "Some of the Corps' people are terrific," said one agency representative, "but they are like a fragmented system. They overwhelm you with a lot of people, but no one seems to have the authority to make a decision." "Their approach is slow," said another person, "they are like a dinosaur." A related comment from another person was, "They act like it was still the 1950s, they have difficulty accepting new realities and situations." Whether these comments are accurate or fair are important questions that cannot be answered fully here. Clearly, the Corps made a significant commitment in this case, they did in fact alter practices, and they made structural changes in equipment. Yet, in so doing, some people, including Corps employees, perceive the Corps was not "doing it quite right." Such a perception is important to accept and appreciate in regard to its implications. It points to the need, as one Corps representative suggests, "to manage the gap between out intentions and how they get perceived by others." This implies the importance of such management approaches as: speaking with one voice, clarifying decision making processes, assuring timely decisions, and appearing open and sensitive to the concerns of others. Conclusions and Questions The experience of the White River Dissolved Oxygen Committee was a good example of a successful interagency effort to address a critical public policy issue. It was an important case for the Corps in that it addressed the DO problem, a long-standing and controversial issue throughout the nation. The Committee experience demonstrates the positive outcomes that can be achieved when the Corps chooses to develop a strong and collaborative partnership with other agencies. Because of changes in public interests and expectations in regard to reservoirs and their tailwaters, it is likely that Corps districts will increasingly need to enter into arrangements such as those represented in this study. This case illustrates that strong participatory practices that require collaboration are not easy to achieve. They require time, willingness to take risks, and the capacity to change. This is not altogether easy for the Corps because it is a large and complex organization that must balance the interests of multiple constituents and is bound by both congressional authorizations and administrative oversight. Further, the Corps itself at the District, Division, and Headquarters levels experiences tensions among those assigned to serve planning, engineering, operational, legal, regulatory and public affairs interests. These factors make it more difficult for the Corps to change and respond in a timely manner to matters that they do not consider to be an emergency. Yet, as this case illustrates, the Corps is willing and capable of responding to a critical public concern in concert with others and with effectiveness. While the Corps response time may make this task more difficult, as their reputation promises, they can get the job done. Several questions arise from this case. In retrospect, could the White River Coordinating Committee, in existence since the 1980s, have been used more effectively to place an issue such as the DO problem on the agenda of the Little Rock District? In the process of this case, could the Corps have done anything more, or have done it differently? The case seems to be a success story, could it have been a success with greater impact? In prospect, what should the Corps do in regard to its corporate strategy to address the DO issue throughout the nation and in addressing the growing recreational interests associated with the reservoirs it operates, without breaking its covenant to the original flood control and power customers? Case Study #3: The Fort Ord Reuse Case Background Fort Ord (the Fort) is a large Army base located in Northern Monterey County, California, adjacent to the Pacific Ocean. The Fort is 44 square miles in size and is bordered by five small cities (Del Rey Oaks, Marina, Monterey, Sand City, and Seaside). Other cities in close proximity to Fort Ord are Pacific Grove and Salinas. Established in 1917, Fort Ord has been the headquarters for the Army's 7th Light Infantry Division. Over 17,000 military personnel and 5,000 civilians were employed at the Fort in 1992. Fort Ord has three major developed areas. The Main Garrison is the major housing, administrative and support area for the installation. It includes office buildings, a commissary, a hospital, troop areas, executive housing and schools, as well as recreational and training facilities. The East Garrison includes barracks, storage and repair facilities. The Fritzche Army Airfield was an airfield and light industrial complex with storage and maintenance facilities for aircraft. In 1990, two important federal government policy decisions were made regarding Fort Ord. The Defense Department announced plans to reduce military activities and personnel at the Fort. The EPA also declared the Fort as a Superfund site and put it on the National Priorities List (NPL) to receive funds for hazardous waste clean-up. The U. S. Army Corps of Engineers ( the Corps) has been actively involved at Fort Ord since 1990 in several respects. On a contractual basis, the Corps is managing hazardous waste clean-up activities as well as responsibilities associated with the closure of Fort Ord as an infantry training and staging facility. Through its Sacramento District office, the Corps is managing hazardous waste clean-up locations with Fort Ord, it has prepared an Environmental Impact Statement required for base closure, and it is managing the transfer of various parcels of property to state and local institutions and for private sale. The Corps has selected and oversees the work of private companies in these various activities and must inform and involve the public in the process. The nature and major learnings associated with the experiences are summarized below. Triggering Events In January 1990, the Defense Department (DOD) released a list of bases it was studying for realignment and closure. DOD announced it intended to close Fort Ord and move the 7th Light Infantry Division to Fort Lewis, Washington. This announcement reflected the commitment of the federal government to "downsize" many military installations to save money and as an adjustment to the end of "Cold War" military competition. In February 1990, Congressman Leon Panetta sponsored a meeting of local leaders to oppose the reduction in force of Fort Ord. A Task Force of elected and government officials, as well as concerned citizens was formed. Within six weeks the Task Force prepared a report arguing that "downsizing" or closing Fort Ord was an unwise plan in terms of defense interests and it would have a terrible economic impact on surrounding communities. The efforts of the Task Force, Congressman Panetta, and others to save Fort Ord from being closed down as a major military installation were to no avail. By April 1991, over 100 military installations throughout the country, including Fort Ord, were identified for downsizing or closure. The Defense Department's plans for Fort Ord included moving its infantry operations (the 7th Infantry unit) to Fort Lewis in Washington State, retaining a few military-related functions within of the property, and turning over the majority of the land to the community to be used for purposes the community would determine. Following the decision of the Defense Department, the Task Force redirected its energies to prepare for the eventual closing of Ft. Ord. Accordingly, Advisory Committees were organized to address considerations concerning Economic Development, Education, Health and Human Services, Housing, Land Use, Pollution clean-up, utilities, and infrastructure. By June 1992, the Fort Ord Community Task Force, which involved over 350 citizen volunteers, had prepared a 760 page report. It was called a "strategy" report because the Task Force members acknowledged that their efforts were advisory in nature and that final decisions regard the disposition and future use of Ft. Ord would rest in the hands of the Defense Department and elected officials at the state and local levels. The "strategy" of the Task Force was to create "A statement of community consensus regarding the reuse and development of Fort Ord to include a series of prioritized alternatives." In October 1992, Monterey County and the cities of Del Rey Oaks, Marina, Monterey, Sand City, Seaside, and Monterey County established the Fort Ord Reuse Group (FORG) as an intergovernmental organization to coordinate planning for the reuse of Fort Ord. An office was opened and a coordinator was hired. The mission of FORG was to develop a plan for the reuse of Fort Ord land and facilities and to develop community support for its implementation. The Role of the Corps in Preparing an E. I. S. The U. S. Army Corps of Engineers (the Corps) provide support services to Army installations. The Sacramento District Office of the Corps managed and continues to manage a large number of planning, design, construction, and environmental documentation efforts at Ft. Ord. Therefore, in 1990, when the possibility of closing Fort Ord was announced, the Corps was asked to conduct an Environmental Impact Statement (E. I. S.) of the Fort for the Army. Because community leaders opposed the closing of Ft. Ord, they also opposed work on the E. I. S. As a result of opposition from the Task Force, Congressman Panetta and other community leaders, work on the E. I. S. was limited to collection of base line data that could be used to continue to operate the base, realign missions, or to close the base. After the Defense Department announced its final decision to close Fort Ord in 1991, the Corps again was asked by the Army to conduct an E. I. S. The Corps' client was with Forces Command (FORSCOM) in Atlanta. FORSCOM, one of the major commands of the Army, is responsible for active duty troop units in the Untied States. Among its responsibilities is overseeing base realignments and closures of bases under its jurisdiction. The Sacramento District Office of the Corps has been responsible to FORSCOM as well as to the Fort Ord Garrison Command, and to the Headquarters of the Corps and the Department of the Army in Washington, D. C. for various assignments relating to realignment and closure. FORSCOM has been responsible for the closure of Ft. Ord. An E. I. S. of the scope required for Fort Ord would normally require approximately 2 1/2 to 3 years to complete. However, in a rider Congressman Panetta had added to a Congressional bill, Congress directed the Corps to complete the E. I. S. in 18 months and to address social and economic impacts as well as environmental impacts. In February 1992, the Corps published its notice of intent to conduct an E. I. S. and in March 1992, a public scoping meeting was held. Shortly thereafter the Corps proceeded as quickly as possible to conduct an E. I. S. on an accelerated schedule in order to meet its mandate of completing it within 18 months. The Function of the E. I. S. was to determine the impacts on the economic, physical, and social environment according to alternative plans for the disposal and reuse of Fort Ord. When the Corps began to work on the E. I. S. in April 1992, the Task Force of community leaders was still completing their report which was completed in June 1992. The history of relations between the Corps and the Task Force until this time was marked by tension. Many community leaders opposed earlier efforts by the Corps to conduct an E. I. S. and viewed the Corps as one of the agencies of the Army that posed economic and social threats to the community in closing and realigning Fort Ord. Although relations between the Corps and the community were strained, Corps officials met with the Task Force as early as the Fall 1991 and continued to do so throughout the preparation of the E. I. S. Likewise, although strained relations developed between the Corps and FORG, meetings were held regularly between officials. However, two dynamics compounded efforts to work together. One was that there were substantial differences among the many communities and local governments regarding reuse preferences for Fort Ord. A related factor was the fast-track 18 month schedule with which the Corps had to comply in completing the E. I. S. Public Involvement and the E. I. S. Process The Corps made a variety of efforts to involve the public in preparing its E. I. S. In the first half of 1992, public meetings were held in each of the surrounding and adjacent communities to identify concerns and obtain suggestions regarding future uses of Fort Ord. A mailing was sent to governmental and non-profit agencies regarding their potential interest in use of the property. As a result, approximately 5,000 agencies and individuals were informed and/or involved in the E. I. S. process, and 100 agencies expressed interest in converting, using, and building facilities on all but 3,000 of the 28,000 acres of Fort Ord. Discussion and negotiations ensued with the various agencies in selecting those that were eventually identified in the final E. I. S. Also, on an ongoing basis the Corps met with the Task Force and FORG. In June 1992, the Task Force completed its strategy report. This report was reviewed and described as one of the alternatives in the E. I. S. In December 1992, the Corps released a draft of the E. I. S. prepared for FORSCOM by the consulting firm it had retained, Jones and Stokes. Nearly 800 copies of the E. I. S. were disseminated. At the time the draft E. I. S. was distributed, it was announced that a public hearing would be held on 11 February 1993, and a comment period would run until 22 February 1993. The objective of the Corps, at that time, was to receive public input to be considered in revising the E. I. S. so that the final E. I. S. could be completed within the 18 month schedule and a record of decision (ROD) could be achieved by August 1993. On 11 February 1993, a public hearing was held in Monterey to receive comments on the E. I. S. The hearing which was announced in the local media was attended by 66 people, of whom 23 made comments. By the end of the comment period on 22 February 1993, 64 letters of comment were in receipt from organizations and interested citizens. In March 1993, FORG published a 114 page Initial Base Reuse Plan. A preliminary draft of the plan had been shared with the Corps and other Army entities in December 1992. Between December 1992 and 15 February 1993, the preliminary plan was reviewed by many citizen groups. Revisions were made and between 2 March and 16 March 1993, the five cities and Monterey County which sponsor FORG, approved the plan as a point of departure to develop a reuse plan. After the FORG Initial Base Reuse Plan was published, FORSCOM determined that the E. I. S. already had a very wide range of alternatives, and the FORG plan could not be implemented, because it did not reflect the request from federal and local agencies for land, and because of the significant impacts resulting from the extensive development proposed in the FORG initial plan. The Army decided not to attempt to integrate or reconcile it with the E. I. S., because it would slow down the process of reaching a ROD by August. The Army offered to do a supplemental E. I. S. for a revised FORG plan if FORG made changes to make it workable. A report was prepared for the Army by the Corps in April 1993, concluding that the FORG Reuse Plan was unworkable. Tensions Between the Army and the Community In May 1993, tensions between FORG and the Corps were exacerbated at a meeting in which the Corps anticipated resolving differences with FORG. Instead, the Corps was challenged, under media scrutiny, in a public meeting. Nonetheless, before and following this meeting, Corps and FORG representatives continued to meet together bi-weekly. An accommodation suggested prior to the May meeting was further developed following the May meeting and in anticipation of the final release of the E. I. S. The accommodation was that while the Corps should not substantially alter the E. I. S, a supplemental Environmental Agreement could be developed by the Corps, FORG, and other appropriate parties. In June 1993, the Corps, other Army representatives, and FORG met and agreed to develop a partnering arrangement and work together in advancing future plans for the reuse of Fort Ord. In July of 1993, President Clinton issued a five point Plan for Revitalizing Base Closure Communities. The plan had the two-fold effect of supporting and accelerated process while assuring community leadership in the planning process. The practical impact of this plan was to strengthen the leadership responsibility of FORG and to promote a cooperative ethos between the Army, the Corps, and FORG. In June 1993, the Army released the E. I. S. for the Disposal and reuse of Fort Ord. The E. I. S. proposed establishing a 1,500 acre Presidio of Monterey (POM) annex to support military services remaining in the area, a 12 acre complex to support Army reserve activities, and to dispose of the remaining property. All but approximately 3,000 acres of the property to be disposed would go to federal and local agencies in support of their programs at little or no cost. The E. I. S. examined six reuse alternatives for Fort Ord and 3 sub-alternatives. The alternatives ranged from high-intensity mixed use to low-intensity mixed use to open space preservation. The E. I. S. included a preferred Alternative 6R. Anticipated Reuse (Revised), which included the establishment of the POM, an Army reserve center, and turning over approximately 23,500 acres to a variety of local, state, and federal agencies that had been identified through the real estate screening process. An additional 3,000 acres would be "disposed to private entities without the Army determining future use." The preferred alternative would provide for developing approximately 14% of undeveloped land and a corresponding buildout population of about 22,800. This contrasted to a high-density proposal from some local entities to develop 65% of the undeveloped land for a buildout population of 250,000. On 23 December 1993, the Army released the Record of Decision (ROD) concerning Ft. Ord. The ROD reflected a compromise between the Army's desire to dispose of property as quickly as possible while allowing surrounding and nearby communities time to complete their reuse plan. In announcing the ROD, Michael W. Owen, Acting Assistant Secretary of the Army said the following: "Because the local communities' reuse plan has not been finalized, the Army does not adopt a specific plan in this ROD" The ROD summarized the various alternatives for reuse that were examined in the E. I. S. which was released in June 1993. While not adopting a reuse plan, the ROD said that it is anticipated that the resulting reuse plan will be consistent with a scenario it attached to the ROD and which essentially reflected the preferred scenario in the E. I. S. However, the ROD then immediately stated, "The local communities will develop and adopt general plans to guide reuse." Public Involvement in Environmental Clean-up Prior to and simultaneous with the E. I. S. process, the Corps was also involved in environmental clean-up activities at Fort Ord requiring public involvement activities. While the Corps encountered difficulties and experienced conflict in dealing with the public in the E. I. S. process, public involvement related to environmental clean-up has proceeded positively and with little to no conflict. In February 1990, the U. S. Environmental Protection Agency (EPA) placed Fort Ord on the National Priorities List as a Superfund site because of the threat of groundwater contamination and other environmental problems. A Federal Facilities Agreement (FFA) was developed with appropriate federal and state agencies under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under this agreement, remediation efforts were directed to address soil and groundwater contamination on multiple sites at Fort Ord including: three landfill areas, two vehicle maintenance facilities, a used equipment cannibalization areas, two fire drill areas, and 14 other areas of potential concern. The Corps was given responsibility by Fort Ord to manage the clean-up process under CERCLA. The Sacramento District of the Corps retained the firm of Harding, Lawson, and Associates to manage the clean-up, including public involvement activities. The Community Relations Plan developed by Harding, Lawson and Associates in compliance with CERCLA has included the following: a Community Relations Coordinator has managed and overseen public involvement activities; information repositories have been established at the Fort Ord Post Library and Seaside Branch Library; and public meetings and comment periods have been made available in regard to each clean-up activity. One of the most exemplary features of this public involvement effort has been the creation of a series of fact sheets and information papers. They are very clear and understandable to the average citizen because of their style, the use of graphics, layout, and photographs. The public involvement effort has also included active efforts to communicate with the press and the establishment of a Technical Review Committee to review documents and evaluate progress. The Committee includes representatives of appropriate local, state, and federal agencies. The presence of public involvement staff, on site, working on a day to day basis with base officials, has proven to be successful in connecting the efforts of consultants with Army staff at Fort Ord. In many respects, the public involvement activities associated with environmental clean-up at Fort Ord is a model of success. If there is any concern among those involved, it is in attracting more public interest. However, according to one theory of public involvement, modest participation may be a reflection of community confidence. In this case, given the quality of planning efforts, materials, and management, modest public involvement and the lack of conflicts may be a reflecting of an outstanding public involvement initiative. Perspective and Outcomes The combination of planning for the reuse of Fort Ord and the environmental clean-up activities being undertaken have been complex and demanding. While considerable controversy and conflict between the Army and the public have occurred concerning reuse, environmental clean-up has proceeded with relative accord and modest public interest. The conflicts and tensions regarding reuse are understandable. The closing of a major military installation like Fort Ord impacts the community with a triple "whammy." First, the decision is a profound economic and emotional shock to the community. Second, planning for reuse draws out competing community values and visions for the future use of the property that must be resolved. Third, the communities and their leaders must work with some of the most complex bureaucracies in the nation ( e.g. Army, E.P.A., et. al.) and a host of complicated regulations. From the perspective of the Army and the U. S. Army Corps of Engineers, the experience in preparing for the reuse of Ft. Ord has been made more complicated by the imposition of a 18 month schedule mandate for preparing an E. I. S. The development of simultaneous reuse plans, the Army's E. I. S. and the FORG Initial Reuse Plan, was less than a desirable situation in regard to economy of effort and public involvement. While the Corps completed its E. I. S. on schedule, its proposed ROD was delayed four months, and the final ROD turned out to be a study with a recommendation rather than a plan. At the same time, the community had not agreed on a final plan at the time of the ROD. Nonetheless, beyond earlier conflicts, the Corps, the Army, and FORG strengthened their relationships and by the time of the ROD established a relatively strong partnering arrangement. It remains to be seen what the final outcome of planning and implementation for the reuse of Fort Ord will be. At the same time, it is not inappropriate to consider how much more might have been achieved in the same amount of time if the Army, the Corps, and the community had established a strong partnering relationship from the outset. By way of additional perspective, there were a number of other dynamics that complicated this case. One was that federal government and Army policy changed during the process. Initially, the policy was to close or dispose of property as quickly as possible, under the Army's military commands, and to sell some real estate to make money to cover the cost of environmental clean-up. This policy changed under a new administration when President Clinton issued his five point program stressing a community oriented planning process. Another significant dynamic was disagreement among local communities. The communities of Seaside and Marina, for example, preferred a more intensive level of development, but this was not consistent with the preferences of other communities. Whereas, the Community Task Force developed a relatively low-density community strategy plan, FORG initially proposed a plan of more intensive development. Some communities liked the FORG plan, while others felt it was unrealistic in not dealing with the environmental and physical constraints identified by the Task Force and by the Army. The Corps was asked to write a report challenging the original FORG plan. This increased tensions between the Corps and FORG. However, as a result of many meetings and communications between October 1992 and December 1993, FORG revised elements of their plan to consider environmental and physical limitations. FORG also participated in developing a hybrid disposal/reuse plan that was attached to the ROD. A further dynamic in this case was that the Corps was working for FORSCOM. "At many points," observed a Corps official, "the Corps was being instructed by our customer to do certain actions, or to do them in a certain way that was both supported or opposed by different parts of the group of affected communities composing FORG." The Corps also had to deal with local communities that had autonomous land use authority as well as with FORG or an ad-hoc coordination group without government charter to do more that coordinate and work when all elements of the represented communities agreed. The Corps clearly was in the middle in this case. Suggested Learnings This case is important in that it represents one of the first experiences in planning and guiding the reuse of a major military facility that has been essentially closed except for modest continuing military activities. The associated environmental clean-up activities are also instructive as an example of a CERCLA related effort. Those interviewed in regard to this case were clear, forthright, and constructive in suggesting learnings relevant to others in similar circumstances. Following are a series of descriptions of important learnings from the Fort Ord experience that may be instructive to others in regard to public involvement. 1. Undertake the E. I. S. in partnership with community leaders. The major learning from the Fort Ord case is that it is preferable to coordinate all resources in developing one E. I. S. and reuse plan. "We should have been connected at the hip from the outset" advises one official. Another official suggests, "It is dysfunctional to create one approach from the Army and another from the community. We should have worked together from day one." Several of the following points have been made to reinforce this key learning. 2. Create a vehicle for coordination and partnering at the outset. It has been suggested by a number of persons that it is wise to devote the necessary time to establish a group of leaders representing the Army, the community, and others would agree to work together in planning and implementing reuse activities. "Front end time in assuring collaboration saves silly time lost in fragmentation later on," advises one Army official. A community leader proposes, "One legitimate structure needs to be established at the outset. Everybody should buy into it. If we create alternative vehicles, we will crash at a later intersection and we will all be damaged in our progress." 3. Avoid the tyranny of time. Demands and expectations of time seem to be an important force in this case. The prescription to "avoid the tyranny of time" was suggested by one official. However, the issue of time and deadlines is viewed from multiple perspectives. "It is good to have a deadline," suggests a community leader, "but it must be realistic and manageable. It should not force one party off to do their own thing." A number of persons related to this case comment that an 18 month deadline for the E. I. S. undermined the quality of the process. "What you need," proposes one official, "is a realistic timetable that all the players agree to, and is not imposed from outside." This issue, a number of persons have observed, must be resolved according to the complexity of issues and players involved." The schedule must be realistic and obtainable," suggests one leader, "or the process will self-destruct." 4. Be proactive and encourage early public involvement. Several Corps officials and consultants in this case advise that the key to effective public involvement is to actively identify key leaders and institutions and build relationships with them. "We need to be agressive rather than casual in attracting participation," advises one official. He adds, "sending a notice is not enough, we need to get in dialogue and encourage people and institutions to be active partners." Another official advises, "This is not a consumer invitation, it is a request for real involvement. We need to make this clear from the git-go. We also need to be prepared to accommodate them as real partners." 5. Connect with regulatory agencies at the outset. A number of officials point out that state and regulatory agencies are critical to the public involvement process. "Other agencies define the agenda and have their own needs and expectations regarding the public," advises a Corps official. A consultant adds, "Agencies represent public interests and want to see that public interests are represented. They need to be factored in as a part of the public involvement process from early-on. Otherwise they can side-swipe you. They must be partners." 6. The Corps must appear as user-friendly as possible. Several community leaders observed that Corps representatives in committee meetings and public presentations have a distinctive impact on them. "Some of the Corps people are very effective and inspire confidence" observes a community leader. The leader further observes "some technical people are a total turn-off. They are arrogant or seem like they are from outer-space and don't give a hoot about anything other than their lofty opinions." Another suggests, "Some Corps people need a Dale Carnegie course. They just do not know how to influence people." 7. The Corps should be a facilitator. Two important points were raised in the case regarding the role of the Corps in base reuse dynamics. The first point was that the nature of base reuse efforts forces the Corps into the business of community organization. "The Corps" suggests a local leader, "needs to become a catalyst and facilitator. They cannot act like a big engineering company that wants to roll over us. They must establish themselves as our helper. Otherwise, they are the enemy." The second point is that the Corps must help local communities to come together. "The Corps has to be effective in the community empowerment business," proposes one official. "They cannot assume the community is ready to be a good partner. They have to be able to help the community get their act together. Otherwise," he adds, "the community might bite off their toes." Lessons, Questions, and Conclusions Beyond the learnings suggested above, this case illustrates two important lessons for the Corps that may be relevant to the future of public involvement practice. One lesson is that when "doing work for others," as in this case, the nature of how the Corps deals with and is perceived by the public may be significantly shaped by their "customer." This may create problems for the Corps in cases where they may prefer to deal with the public in ways in which a client does not. How can the quality of public involvement be nurtured by the Corps in its work with customers? Are there principles and procedures that should be negotiated at the outset? Should there be processes for evaluating public involvement concerns and activities jointly? To what extent, if any, will the Corps compromise quality in public involvement practice, to serve and at the direction of a customer? These questions are relevant to the future reputation and capacity of the Corps in its dealing with the community. The second lesson in the Fort Ord Case, which is also evident in the other cases undertaken in this project, is how much public involvement can be influenced by political dynamics. The political dynamics in this case ranged from differences among local communities to substantial changes in national policy. This case was about more than an E. I. S. It was also about local differences between economic development and environmental values, and it was about the extent of community influence versus that of the Army in base reuse and closure decisions. The Corps is not immune from cases such as this that are politically charged and complex. It is more rather than less likely that the Corps will need to deal with strong and complex political dynamics associated with future projects. These dynamics influence public involvement practice. How can the Corps best plan public involvement initiatives in relation to political dynamics that shape and influence each initiative? Do most project managers have the skills to relate effectively to influential political forces, and if not, what must the Corps do to promote greater sophistication among managers to do so? Finally, what must the Corps do to adequately manage politically charged cases between the district, division, and headquarters levels? This case, in concert with the other activities associated with the Public Involvement Assessment Project, illustrates the importance of the question cited above to the future of the Corps. While the Corps has much to be proud of regarding its commitment to public involvement, it must renew and expand its capacity for the future. As the Organizational Assessment suggests earlier in this document (p. 21), this will require a commitment by the Corps to clarify policy, strengthen capability, promote quality, reinforce commitment and assume leadership in regard to public involvement. To not address these challenges adequately will weaken the Corps as an institution and reduce its viability for future service to the nation. Index Story: Army Corps Districts Use Alternative Dispute Resolution Case Study Plus: An Organizational Assessment of the U.S. Army Corps of Engineers in regard to Public Involvement Practices and Challenges: an extensive, 150-page assessment conducted by Stuart Langton in January 1994. Includes executive summary and recommendations, 3 long case studies, an historical profile, and bibliography. I. Forward II. Executive Summary III. Organizational Assessment IV. Case Studies - Case Study #1: Public Involvement Related to HTRW Problems Associated with the Expansion of the Winfield Locks and Dam.
- Case Study #2: The Experience of the White River Dissolved Oxygen Committee.
- Case Study #3: The Fort Ord Reuse Case.
V. Appendices A. Selected Opinions B. Historical Profile and Bibliography Back to Environment Index |