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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

Historical Profile and Bibliography

Public Involvement in the U. S. Army Corps of Engineers

Key Milestones since 1960

by Stuart Langton, Ph.D.
USACE Public Involvement Assessment Project
October, 1993

Preface: About this Report

This "Historical Profile" is one of three activities undertaken as a part of the U. S. Army Corps of Engineers Public Involvement Assessment Project. The purpose of this document is to identify key milestones in the evolution of public participation efforts within the Corps since the 1960s. The other activities in this project include an organizational assessment to determine how Corps officials view the experience, present capacity, and future challenges of the Corps in regard to public involvement. In addition, three case studies have been undertaken to identify lessons from projects that are illustrative of public involvement issues that the Corps is likely to confront in the future.

By design, this "Historical Profile" is selective. The guidelines for its development call for "developing a historical chronicle (short paragraph descriptions) of major public involvement activities and accomplishments (10 to 15 pages)." It should be made clear that this document is not intended as a comprehensive historical study of public involvement within the Corps of Engineers. It is rather an attempt to summarize relevant developments concerning to public involvement activities and regulations. It also identifies federal regulations that have influenced the conduct of the Corps in undertaking public involvement activities.

This document is organized chronologically. The sections summarize highlights from successive five year periods. A brief introductory statement to each section identifies influential socio-political forces during the period and major trends within the Corps relevant to public involvement.

In selecting items for inclusion in this profile, priority has been given to plans, regulations, and activities of system-wide significance to the Corps. While an attempt has been made to identify a number of initiatives within Corps districts that are relatively well recognized throughout the Corps, scores of other successful district efforts could be identified beyond the scope of this report.

Introduction

Public involvement has become increasingly important to government agencies since the 1960s. The decline in the influence of political parties and the rise of interest group politics has made it difficult for government agencies to define the public interest and achieve consensus. Public involvement refers to the variety of ways in which public agencies seek to inform and involve the public to assure a workable degree of consensus in relation to their mission and proposed activities, to improve their policies and plans, and to increase public appreciation and trust.

Since 1970, the United States Army Corps of Engineers (Corps) has devoted considerable attention and resources to involve the public in planning and policy-making activities. While this commitment to public involvement has coincided with that of other federal agencies, states, and local governments, Corps public involvement and public affairs activities are unique in three respects. First, is the amount of investment. One estimate, for example, suggested that in 1978 the Corps spent as much as $80 million on public involvement activities, more than any other federal agency (Rosenbaum, 1979). Second, is the range of public involvement activities including such diverse areas as civil works and military construction, wetlands regulations, recreation management, and environmental clean-up activities. Third, is the variety of support for public involvement through regulations and guidance directives, training programs, research, publications, and technical assistance.

This paper identifies milestones that profile the historical development of public involvement policy and practice within the Corps since the 1960s. The milestones include such things as legislation and regulations, demonstration projects, meetings, research, district projects, training programs, and publications. The milestones include actions by the Corps as well as by Congress and the administration that influenced public involvement procedures and practices within the Corps.

This report is organized into eight sections. The first section identifies milestones prior to 1960 and the subsequent sections are organized according to five year segments from 1960 to 1989. A short concluding section addresses the period 1990 to 1993. Each section includes a brief overview of selected influential political or social events or forces for each period. A five page bibliography is included as an appendix.

Public Involvement Prior to 1960: Context

Since its founding in 1802, the Corps has served many of the military and civil engineering needs of the United States. The nature of its engineering and regulatory assignments have required considerable cooperation with Congress, federal, state, county, and local government agencies. Until the 1960s, the experience of the Corps in dealing with the public was oriented principally to working with and through elected and appointed officials. This is not to say that there were not instances in which particular attention had to be given to the concerns of landowners, business interests, and others. However, such attention was episodic, relatively limited in scope, and subsequent to the opinions of public officials.

By the 1960s, changes in American political culture forced the Corps to involve the public more fully and directly. One such force was the environmental movement, initially referred to as the "conservation movement." In interviews conducted during this project, many Corps officials observed that the environmental movement was influential in demanding and requiring more public involvement opportunities in Corps planning and regulatory activities. A number of references are made to developments in the environmental movement in this report to illustrate how they coincided with efforts to increase public involvement within the Corps.

In the 1920s, the Corps experienced its first significant conflict with conservationists over the Currituck Sound in Virginia and North Carolina. This event presaged later encounters the Corps would experience with environmentalists as well as with other citizen interest groups. At issue was the fact that the Sound, an exceptional Black Bass fishery and waterfowl area, was being salinized and polluted by a canal from the Chesapeake Bay. Conservationist led by the Izzak Walton League wanted a lock built, but the Corps refused. Eventually, the conservationists won out through successful lobbying with Congress and the President, and the lock was constructed in 1931.

For the next 25 years the Izzak Walton League, the largest and most influential conservation group of the period, the Sierra Club and the Wilderness Society, lobbied to make the Corps more responsive to their interests. In 1934, their efforts were reflected in the Fish and Wildlife Coordination Act which required the Corps to consult with the U. S. Bureau of Fisheries before constructing dams and reservoirs (Robinson, 1989, p. 14f.).

While the Currituck Sound experience forced the Corps into an action it did not want, in the 1940s it experienced its first case of environmental interests stopping the construction of a dam it proposed to build at the Mill Creek on the Clarion River in Western Pennsylvania. The Mill Creek experience illustrates how a combination of sportsmen groups, a state legislature, and local elected officials could mobilize influence to stop a project proposed by the Corps (Robinson, 1989, p. 17f.).

Following is a list of five selected regulations and proposals from the end of World War II to 1960 that illustrate the beginning of a trend toward greater involvement of other agencies and the public in Corps planning.

Milestones: 1945-1959

1945

The River and Harbor Act of 1945 called for state involvement in the development of Corps Plans: "Investigations which form the basis of . . . plans, proposals, or reports shall . . . give to the affected state or states . . . opportunities for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations." (P. L. 79-14,Sec.1(a).

1946

In a proposal that presaged the creation of the Environmental Advisory Board in 1970, Col. Clark Kittrell, division engineer of the Upper Missouri Division suggested to Lt. Gen. R. A. Wheeler, Chief of Engineers that officials of conservation groups "sit in conference" with the Chief and, "clear the air and to carry out exploratory conversations." Wheeler declined the suggestion claiming the Corps gives "all interested parties full opportunity to make known their views and participate in the formulation of our civil works program." He promised to provide advance notice of all public hearings. [Robinson: 189, p.22]

1946

The Administrative Procedures Act of 1946 provided (and still provides) a general series of requirements for all federal agencies to inform the public of proposed policies and procedures through notice in the Federal Register, and to provide opportunities to participate in rule-making through submission of written material (see Langton, 1981).

1946

The Fish and Wildlife Act of 1946 included provisions that the Corps must coordinate with relevant state agencies as well as the Fish and Wildlife Service in civil works activities.

1958

To better inform other agencies and the "public generally," a manual was distributed (EM 1165-2-108) 17 December 1958, Water Resources Policies and Authorities: Coordination of Public Construction Programs. The manual directed District Engineers to prepare and distribute a project sheet including a map illustrating plans for each authorized project. A sample letter was provided for transmittal to public agencies concerned with each project.

1960 to 1964: Context

The early 1960s was a period of significant social and political change in the United States. The election of John F. Kennedy as President represented a generational shift in American politics. A major feature of this change was the rise of interest group politics represented by the civil rights movement and the development of the environmental movement. One result of the civil rights movement was the passage of the Economic Opportunity Act of 1964, referred to as the "War on Poverty." One feature of this legislation was a requirement for the "maximum feasible participation" of the poor in programs that might affect them. This regulation reflected a growing demand and expectation among all elements of the public to have opportunities to be informed and involved regarding the plans and polices of government agencies that might affect them.

The environmental movement gained momentum during this time influenced by the publication of two influential books: Stuart Udall's, The Quiet Crisis in 1962, and Rachel Carson's, Silent Spring in 1963. Concerned about the lack of coordination in water resources management, President Kennedy established the Water Resources Council in 1961. In 1964 the Water Resources Research Act was passed establishing water resources research institutes at Land Grant Universities and clarifying responsibilities for coordinating research among agencies.

This was a period of growth challenge for the Corps. Between 1954 and 1964, Congress authorized over 690 Corps managed water resources projects costing more than $9 billion (Moore and Moore, 1989:19). Concern about flooding in areas developed after World War II grew within Congress. The Senate Select Committee on National Water Resources proposed an active planning and regulatory approach for entire river basins to control flooding.

Milestones: 1960 to 1964

1960

The Flood Control Act of 1960 (Section 206) authorized the Corps to provide information to local communities about floods and flood control damage and to provide technical assistance to them in regard to flood plain management issues. The Corps organized a Flood Plain Information Services program to inform local communities on flood related issues.

1962

Senate Document 97 established interagency standards in planning water resource projects. It required that all views be heard in adopting plans and that multiple objectives and needs, including economic, environmental, and social, be weighed.

1963

Eugene Weber, Chief of the Civil Works Planning Division proposed a greater involvement of conservation groups: "the participation of such conservation groups should begin at the outset of every planning effort and should be continuous through the project formulation and evaluation process." (Robinson, 1989:26)

1964

Guidance regarding "Participation in locally organized meetings" was provided in Section IX, Public Hearings, in an Engineers Manual (EM 1120-2-101) entitled Survey Investigation and Reports, General Procedures, published 12 October 1964. The manual advised, "utmost caution and discretion in participating in meetings initiated by local interests. . ." It further advised, "Participation in a meetings from which the press or any interested segment of the public is excluded, except for reasons of security are not condoned."

1964

The Secretary of the Army, Cyrus Vance, appointed a Civil Works Study Board to determine ways in which the Corps should change to adapt to changes in the water resource environment. The intent of this action was to determine how the Corps could be more efficient and effective in comprehensive planning functions [Moore and Moore, 1989:80f.].

1965 to 1969: Context

The period between 1965 and 1969 was a time of significant unrest in American society. Opposition to the Vietnam War was one of many expressions of public distrust and disaffection with government leadership and performance. The Corps received much criticism during this period because it proposed many large civil works projects that were strongly opposed by elements of the public.

Anticipating the growing distrust in government authority, President Lyndon Johnson issued a directive to all federal agencies in 1965 to improve their communications with the public. This led to a study undertaken by the Technical Liaison Office of the Corps in 1967/68 and the initiation of a demonstration communication-participation project in the Susquehanna River Basin in 1968.

During this period, the environmental movement grew substantially. Almost all national environmental groups increased membership and income. Further, a host of new environmental organizations were created including the Environmental Defense Fund (1967), Friends of the Earth (1969), the National Resources Defense Council (1970), and Environmental Action (1970).

Meanwhile, the Corps became embroiled in a host of environmental controversies including the Tocks Island Dam on the Delaware River, the Trinity River Seaport Project in Dallas, the Cross-Florida Barge Canal Project, and the Dickey-Lincoln School Lakes project in Maine, among others. The Corps experienced pressures from within and without during this period to improve management of planing issues. As a result, planning divisions were required in Corps division and district field offices. A new headquarters Policy and Analysis Division was created to strengthen the analytical ability of the Corps in policy development.

Milestones: 1965-1969

1965

Congress passed the Water Resources Planning Act of 1965 (P. L. 89-80). Section 2 specified that "water related initiatives be conducted on a comprehensive and coordinated basis by the Federal government, state, localities, and private enterprise with the cooperation of all affected Federal Agencies, states, local governments, individuals, corporations, business enterprises, and others concerned."

Through this Act (Section 101), the Water Resources Council was given legislative authority to coordinate water resources efforts among federal agencies, establish river basin commissions, and develop standards and procedures for the operation of the Commission. [Reuss, 1991, p. 27; Stevens, 1975, p. 8].

1966

On 22 March the Chief of Engineers required that Corps field division and district officers create planning units "parallel to and of stature equal with the engineering function."

1966

On 26 July, a Policy and Analysis Division was created in the Directorate of Civil Works in the Office of the Chief of Engineers to strengthen policy-making functions throughout the Corps and to improve coordination within other branches and levels of government [Moore and Moore, 1989:83f.].

1968

The Technical Liaison Office (forerunner to the Public Affairs Office) of the Office of the Chief of Engineers published a report of a two year study on how to improve Communication with and Services to the Public. While the term "public involvement" was not used in the study, many references to "communication" referred to what later was called "public involvement." Among major findings of the study were: internal communications within the Corps needed to be strengthened, a proper balance was needed to assure coordination between centralized and decentralized units, reservoir personnel needed better training in how to relate to the public, and the growth in recreational properties managed by the Corps meant, "the Corps must face up to the fact that it is in the recreation business." (p. 56) Engineers, it was found, considered public hearings to be more of a tool of public relations than engineering and instead they recommended, "closer rapport with opposition and proponent groups through individual contacts." (p. 31)

1968 The Corps undertook an experimental program in open planning, participation, and communications utilizing strategies and methods from the emerging field of Applied Social Science. The project, conducted in the Susquehanna River Basin, was assisted by consultants from Rensis Likert's Institute for Social Research and the School of Natural Resources at the University of Michigan. The project involved methods such as outreach to identify relevant parties of interest, descriptive documents designed for the public, and the use of small groups to obtain opinions and suggestions from the public.

1969 In April 1969 the Corps established the Institute of Water Resources (IWR) to undertake "research in all phases of water resources planning to evaluate existing networks, procedures, and criteria, and to develop new and innovative techniques." [Reuss, p 5] Immediately, IWR became the headquarters resource in developing public participation policies, research, and technical assistance.

1970 to 1974: Context

Between 1970 and 1974 the environmental movement became institutionalized in American society. Environmental laws, regulation, and government agencies created to provide environmental protection were expanded. Environmental groups experienced great membership increases, and public concern about the environment grew significantly.

The early 1970s was a period of dramatic growth in requirements for public participation among federal agencies. For example, strong requirements for public participation were included in the Federal Water Pollution Control Act (1972), the Coastal Zone Management Act (1973), the Highway Safety Act (1973), and the Crime Control Act (1973). To illustrate the growth of federal public involvement mandates, seven were published in 1966/67, but in 1970/71, 23 were published, and in 1972/73, 81 were published ( U. S. Federal Regional Council, 1978).

During this period the Corps of Engineers launched an unprecedented effort to promote public involvement. Initiated under the leadership of Lt. General Frederick T. Clark, an extensive program of training, publications, research, and technical assistance was carried out by the Institute of Water Resources under the leadership of Bernard Dodge, David Aggerholm, and James R. Hanchey.

Milestones: 1970-1974

1970

Congress passed and President Nixon signed the National Environmental Policy Act (42 U.S.C. 4231). A major provision of this historic legislation required federal and local sponsors of public works projects to assess the impacts upon the environment. In commenting on the legislation, the President said it establishes a new dimension for citizen participation and citizen rights. Prior to N.E.P.A., Corps studies were based primarily on technical and economic criteria. By requiring "Environmental Impact Statements," N.E.P.A. provided a basis for the public to raise broader quality of life issues.

1970

On 2 April 1970, Lt. General Frederick T. Clarke established the Environmental Advisory Board consisting of six environmental leaders from throughout the nation. Among the functions of the Board were to: 1) Examine existing and proposed policies, programs, and activities from an environmental point of view to define problems and weaknesses and suggest remedies; 2) Advise on how the Corps can improve its relations with the conservation community and general public; 3) Review problems or issues pertinent to specific plans or projects. The EAB has continued to function since 1970. [Reuss, p. 7]

1970

The Institute for Water Resources published a "concept report" for developing public participation programs: A. Bruce Bishop, Public Participation in Water Resources Planning. Bishop's report reflected the influence of applied social scientists at this time such as Warren Bennis and Ronald Lippitt who emphasized the importance of participation in planning efforts to change institutions, communities, and society. Bishop's report also adapted earlier work he provided for the California Bureau of Roads and the Division of Highways while a graduate student at Stanford University. The report became one influential resource for I.W.R. in developing suggestions for Corps policies and strategies regarding public involvement.

1970

On 1 September 1970 the Corps published an Engineering Circular (EC 1120-2-55) entitled Investigation, Planning, and Development of Water Resources. Public Meetings in Planning. In a cover memo, Major General F. P. Koisch, Director of Civil works explained the circular, "concerns itself with the holding of formally arranged meetings, which is a departure from public hearings terminology..." He added, "other means of fostering participation should also be pursued." Changes reflected in the circular included, "a new tone to encourage informality and a sincere, meaningful, two-way communication." In an internal memo, B. H. Dodge, of the Institute of Water Resources, criticized the proposed circular noting, "the only changes from past experience were to promote new names for public hearings and notices and to add one other meeting to the established pattern of two or three." Dodge added, "the most serious objection is that it gives the impression of flying in the face of, or at best ignoring, all that we have learned from the Susquehanna efforts." (Dodge, 1970).

1970

On 30 November 1970 the Office of the Chief of Engineers published Environmental Guidelines for the Civil Works Program of the Corps of Engineers (ER 1165-2-500). This document expressed the Corps' commitment to address environmental factors and effects in planning, development, and management and obligated the Corps to insure public participation.

1971

The first Corps "Short Course on Public Participation in Water Resources Planning" was held at Georgia Institute of Technology, Atlanta, Georgia, February 1-7. Participants included both planning and public affairs officials from each division, district, centers, and headquarters. Lt. General F. J. Clark, Chief of Engineers, said to participants, "I consider public participation in planning of critical importance to the Corps' effectiveness as a public servant. It is . . . an area I won't be satisfied with until we can truly say the Corps is doing a superb job." [Dahlgren: 4.0.H-A, p. 2]

1971

On 28 May 1971 the objectives, policies, procedures, and responsibilities of the Corps' public participation activities were published in EC 1165-2-100, "Water Resources Policies and Authorities Public Participation in Water Resources Planning." The three objectives outlined were: "to insure that solutions to water resource problems satisfy the needs and preferences of the public to the maximum degree possible; to seek a clear consensus ... by facilitating the resolutions of a controversy; and to build confidence and trust in the Corps' planning process." The document required that public participation plans be an integral part of each Plan or Survey. In regard to instructions, the document advised, "there is no single best approach to public participation. Program plans must be targeted to the particular `publics' concerned."

1971

The Institute for Water Resources (IWR) initiated a Technical Assistance Program (TAP) to provide thirteen districts and two divisions which volunteered to participate with assistance from consultants to assist in expanding and improving public participation activities. The TAP program was overseen by James R. Hanchey, a design engineer from the New Orleans District who had recently spent two years of graduate study at Stanford University. Mr. Hanchey assumed primary responsibility for managing IWR efforts to promote public involvement activities for the next five years.

1972

The Federal Water Pollution Control Act Amendments of 1972 (P. L. 92-500) provided requirements for public participation. These requirements were made explicit for EPA and the States, and indirectly apply to the Corps. (Section 101 (e)). Section 404 granted authority to the Corps to issue permits for the discharge of dredged or fill materials and required notice and opportunity for public hearings.

1972 The Marine Protection, Research, and Sanctuaries Act authorized the Secretary of the Army, acting through the Chief of Engineers, to dump dredged material in the ocean. The authority required public notice and opportunity for public hearings.

1972

On 26 May 1972, Brigadier General K. B. Cooper, Deputy Director of Civil Works, sent a memo to Division and District Engineers urging continued and greater efforts to promote public participation. He particularly urged that every District and Division develop and maintain a "current and comprehensive list of interested organizations and individuals who should be involved in a specific planning effort."

1972

The importance of public meetings as a public participation procedure was stressed in an Engineering regulation published on 4 December 1972, ER 1105-2-502, Planning: Public Meetings. The regulation stated, "all interested individuals and agencies are to be informed and afforded an opportunity to be fully heard and their views considered. . . Formally organized and announced public meetings provide one important means of accomplishing this objective. . . They are not, however, a substitute for other desirable public participation and information measures." Similar to the 1970 circular on public meetings, this regulation emphasized a stronger level of public involvement at meetings and encouraged other methods as well.

1972

The Seattle District utilized "Fishbowl Planning" process as a part of a re-study of flood control plans for the Middle Fork of the Snoqualmie River basin. The project was unprecedented because it was sponsored jointly by the Seattle Districts and the Department of Ecology of the State of Washington. The Fishbowl process was designed to be highly visible, open and participative. The process involved four procedures: workshops, a study brochure which was revised several times and became a public workbook, public meetings, and citizen committees. By the late 1970s this approach was adopted by the Seattle District for all studies. [Sargent, 1972, pp. 54-57, and Mazmanian and Nienaber, 1979, pp. 132-157]

1972

The Federal Advisory Committee Act of 1972 (P. L. 92-463) provided guidelines for advisory committees to assure balance in representativeness.

1973 The Water Resources Council published its, Principles and Standards for Planning Water and Related Land Resources. Reflecting its authority and the intent of the 1965 Water Resources Planning Act, the "principles and standards mandated that environmental quality be given equal consideration to economic development in water resources planning." The Principles and Standards also included requirements for public involvement. [Reuss, 1991, p. 32, Moore and Moore, 1989, p. 105].

1973

The first training course in Public Involvement led by outside consultants was sponsored by IWR. The course was conducted by Synergy Services and a manual was prepared for the one-week course. The origin of this course is interesting. According to James R. Hanchey, the course resulted from a response to a RFP published in Commerce Business Daily in 1971 for consultants to assist in the proposed Technical Assistance program. James Creighton of Synergy Services wrote a letter indicating that he was not interested in doing consulting, but recommended consideration of a training program designed by his firm. Hanchey met with Creighton and decided that a training program would indeed serve the needs of IWR and the Corps. During the next three years IWR sponsored 10 to 12 public involvement courses annually throughout the nation.

1973 IWR contracted with Thomas Wagner and Leonard Ortolono of the Civil Engineering Department of Stanford University to field-test and evaluate an open and iterative planning process in addressing flooding problems in the San Pedro Creek in Pacifica, California. The project was conducted between the Fall of 1973 through 1975. The results were published in 1976 by IWR (Wagner and Ortolono, 1976).

1973

The Technical Assistance Program (TAP) and the public involvement activities of the Seattle and Rock Island District were evaluated by James F. Ragan, Jr. through a contract with IWR. The scope of the evaluation was expanded once field work began to review public involvement at the district level using TAP as only one influence. Ragan's conclusions were that public participation efforts were minimal in most districts, except Seattle, and that public meetings, "remains the principal - and frequently the only - method that field offices employ to inform and obtain comments from the public." [Ragan, 1975, B, p.1]

1974

The Comptroller General of the United States published a report to the Congress, Public Involvement In Planning Public Works Projects Should be Increased. The report reviewed public involvement activities of the Corps of Engineers, Federal Aviation Administration, and Federal Highway Administration. The report recommended that the Corps revise its regulations to require that citizen potentially affected by a water resources project be identified and directly notified of involvement opportunities. It also proposed that district engineers provide "public involvement activities before the issuance or reissuance of permits for structures or work in navigable waters."

1974

The Freedom of Information Act of 1974 (P. L. 93-502) established policies to encourage Federal agencies to be responsive in making public documents available to the public.

1974

On 5 July 1974 the Corps published "Proposed Policies and Procedures" for an Urban Studies Program to assist urban areas with water resource planning. Detailed guidelines for public involvement were described - including ongoing monitoring and adjusting of public involvement efforts.

1974

By 1973 and 1974, a resident scholar, Jeanne Nienaber conducted a study of the Corps ability to adapt organizationally to address environmental issues. Her study identified the strong link between environmental concerns and public participation: "Public participation and environmental concerns were thus a two pronged attack on the old way of doing things." (Nienaber, 1975, p. 13). Her findings indicated that by 1973 interdisciplinary study teams in Corps district offices had grown significantly, but that positive and ongoing contacts with representatives of environmental groups was minimal.

1975 to 1979: Context Public involvement initiatives in federal agencies reached a peak during the Presidency of Jimmy Carter (1977-80). Not unlike the Corps of Engineers, almost every federal agency developed training programs, manuals, and technical assistance to promote public involvement in this period. In 1976, the Interagency Council on Citizen Participation (ICCP), an association of over 100 federal employees with responsibility for public involvement activities, was created. In 1977, ICCP sponsored a conference and published a report, At Square One, to encourage development and professionalism in dealing with citizen participation. In 1978, over 800 federal employees and leaders from throughout the United States attended the National Conference on Citizen Participation in Washington, D. C. (Langton, 1979).

On September 26, 1979, President Carter issued a Consumer Executive Order (Executive Order 12160), the strongest requirement for public involvement ever issued by a President. Among its requirements were a Consumer Affairs Council to coordinate participation efforts, revisions and updating of participation requirements of every federal agency within 90 days, and information to be submitted with budget requests to the Office of Management and Budget indicating what resources would be devoted to informing and involving consumers in agency proceedings.

Milestones: 1975-1979

1975

On 2 April 1975 an Engineering Regulation was published (ER 1105-2-800), Planning: Public Involvement; General Policies. The regulation updated and expanded the Corps approach to public involvement in all civil works activities. An important addition to this regulation was the requirement that each report should contain a summary of how public involvement influenced the decision of any study.

1975 On 10 November 1975 an Engineering regulation was published (ER 1105-2-000), Planning Process: Multiobjective Planning Framework. The regulation emphasized the importance of an "early and active" program of public involvement. It also called for the use of interdisciplinary teams throughout the planning process.

1975

IWR published a report to encourage a more systematic and sequential approach to public involvement. The document, Public Involvement in the Corps of Engineers Planning Process by James R. Hanchey was reported to be the most widely requested IWR publication, according to IWR sources. The report provided direction in relating public involvement activities to the three stages of Corps planning. While not prescribing specific methods, the report suggested approaches and alternatives in communicating with the public and obtaining citizen input, informing and educating the public, monitoring and evaluating public involvement, and organizing and budgeting.

1976

In 1976, leadership for IWR efforts to promote public involvement within the Corps was transferred from James Hanchey to Dr. Jerome Delli Priscoli. In addition to continuing many of the efforts of the early 1970s, Dr. Delli Priscoli established working relations with other agencies (he was the first chairman of ICCP), and published a number of articles describing the public involvement activities of the Corps.

1976

The first Executive Course on Public Involvement was sponsored by IWR. A workbook was created and the training was undertaken by Synergy Consultation Services under the direction of James Creighton. The course concentrated on the selection and implementation of a variety of procedures to serve different public involvement objectives.

1979

IWR sponsored a seminar, "Public Involvement in the Regulatory Program" in cooperation with the Jacksonville District. A manual was published and made available for the course (Delli Priscoli, Ballantine, and Creighton, 1979).

1979

A study of public participation practice in 33 of the 37 Corps districts was conducted by Charles Crist and Ronald Lanier of the Colorado Water Resources Research Institute of Colorado State University. Responses to a survey questionnaire indicated:

The average cost of public involvement activities in most studies was 9% to 12% of the budget and 16% in urban projects.
Less than half of the study managers utilize OCE guidance materials on public involvement, and only 3 of the 33 districts indicate the establishment of specific guidelines for their district.
The most frequent references to procedures used were: informal contacts, public meetings, workshops, written materials, and citizen committees.
Workshops and informal contacts were identified as the most successful methods.
The groups most dominant in public meetings were environmental interests (55%), local elected officials (40%), and landowners/affected public (35%).

1979

Daniel Mazmanian and Jeanne Nienaber's book, Can Organizations Change? Environmental Protection, Citizen Participation, and the Corps of Engineers, was published. This work described and evaluated the effects of the Corps during the 1970s to promote public involvement. It concluded: "the Corps is already doing better than most other federal agencies, even with its modest requirements for public participation in planning. We strongly suggest, however, that only outside pressure of the sort generated in the late 1960s and early 1970s will prompt the agency to institute an agency-wide open planning program . . . or seek dramatically different forms of public involvement." (Mazmanian and Nienaber, 1979, pp. 190-191.)

1979

An Evaluation of a project to develop a general permit at Sanibel Island, Florida, was published (Rosener, 1979). The evaluator, Dr. Judith Rosener, determined that the Corps and citizens have very different goals, objectives, and criteria for evaluating the success of a public involvement activity. Whereas, the goals of the Corps were primarily concerned with the process, the goals of local citizens including residents, developers and environmentalists were concerned more with impact or substance of a decision.

1979

The Corps adopted a "project / study manager approach" to overseeing civil works projects through a number of phases (Reconnaissance, Feasibility, and Planning) which were previously overseen by different managers. This organizational innovation is widely viewed as helping to provide continuity in public involvement and providing greater accountability.

1980 to 1984: Context

The election of Ronald Reagan in 1980 was followed by a decline in the extent and intensity of public involvement activities among federal agencies. In most federal agencies, participation requirements and activities were reduced and staff who worked in participation programs were reassigned to other tasks or let go. The Interagency Council on Citizen Participation was ordered to disband by Consumer Affairs Secretary Virginia Knauer in 1981.

The early 1980s were marked by ongoing tensions between the Reagan administration's desire to reduce regulations and the need to implement the unprecedented variety of environmental legislation passed in the 1970s. The actions of Interior Secretary James Watt and EPA Administrator Anne Gorsuch Buford, while threatening to environmental groups, had the effect of increasing their membership and financial support and forced groups to collaborate. As a consequence the environmental movement grew significantly in strength and influence during this period (Langton, 1984, p. 2f.).

During the early 1980s, three long-standing issues within the Corps grow in intensity. The first was an attempt to achieve greater centralized authority to assure more uniformity in policy implementation at the district level. The second was to increase productivity and reduce "red tape" in Corps studies. Under the leadership of William Gianelli, Assistant Secretary of the Army for Civil Works, the Water Resources Council was eliminated and its Principles and Standards were revised in 1983. The third issue, which would not be resolved until 1986, was to require greater cost-sharing in civil works projects to increase efficiency and reduce waste (Reuss, 1991, p. 81f.).

The emphasis on these policies had the effect of reducing attention to public involvement at the federal level, although demands were considerable at the regional and local levels. In 1981 the Environmental Advisory Board reviewed the public involvement activities of the Corps and made a series of recommendations for improving them.

Milestones 1980-1984

1981

In preparation for the Environmental Advisory Board meeting in July, 1981, the Institute of Water Resources sent a Public Involvement Questionnaire to 40 Corps districts and divisions. Among the major findings of the questionnaire were the following:

Of the 40 divisions and districts responding, 93.5% agreed or agreed strongly that "on balance, public involvement in the Corps has been successful."
Major positive benefits of public involvement were identified as increased public confidence in the Corps, better understanding of the Corps' process, and more effective relations with the public.
The major negative effects of public involvement were increased costs and time and some groups using forums for their own ends.
The most common recommendations for changing Corps Public Involvement were: encourage informal approach, encourage workshop format, and more training for staff.

1981

Public Involvement was a major issue of attention at the 14-17 July 1981 meeting of the Environmental Advisory Board in San Francisco. A total of 21 recommendations were made by the EAB for improving public involvement within the Corps. Among the recommendations were:

Review and update Guidance Statement on Public Involvement.
Develop public involvement program in all functional areas.
Recognition for effective use of public involvement.
Reporting on public involvement in project reports.
Corps-wide and district-wide evaluation of public involvement
More effective identification of publics.
Better feed-back to public.
Encourage more informal public meetings and contact.
Prepare a public involvement reader.
OCE should sponsor a Corps-wide Public Involvement Conference.
The Corps should re-establish a public involvement R & D program.

1981

On 28 September 1981, Major General E. R. Heiberg, III, Director of Civil Works sent a memo to all Corps units to discontinue over 50 advisory committees at the direction of the Department of the Army responding to directives from the Reagan Administration.

1982

On 5 February 1982 the Corps published an Engineering Pamphlet (EP 1105-2-35) entitled Planning Public Involvement and Coordination. The pamphlet distinguished and explained the differences between public involvement and public information. It urged that the District Public Affairs Office (PAO) should be a participant in any study, and "the responsibilities of the study manager and PAO should be defined early in the process." The pamphlet continued to reflect the policy of earlier Corps documents urging flexibility in approach and design. It encouraged strategic approaches to public involvement, early "scoping" activities to identify critical issues, and a high degree of coordination with other agencies.

1982

On 5 April 1982, the Office of the Chief of Engineers delivered an "OCE Response to EAB Recommendations on Public Involvement." The OCE responded to each of the 21 recommendations of the Environmental Advisory Board, identified proposed actions, and provided a rationale for each action.

1982

A case study review of six Corps public involvement projects was published by IWR (Langton, 1982). Among the findings of the review was that despite the effectiveness of public involvement, interagency relations and dynamics may have an equal or greater effect on project outcomes, especially with EPA.

1983

IWR published a document highlighting its experience with public involvement since the early 1970s. The nearly 500 page document, Public Involvement: A Reader of Ten Years Experience at the Institute for Water Resources (Creighton, et. al, 1983) included material from its training and research activities. The five page Introduction by James R. Hanchey provided a historical summary of the initiatives of the IWR to promote public involvement since the early 1970s.

1985 to 1989: Context

Between 1985 and 1989 the Corps' headquarters efforts to promote public involvement were considerably reduced. The Institute of Water Resources, with sponsorship from the Office of Chief Legal Counsel, concentrated its efforts in promoting the use of Alternative Dispute Resolution (ADR) procedures within the Corps.

In 1986 the Installation Restoration Program (IRP) of the Department of Defense was established under the Superfund Amendment and Reauthorization Act of 1986. Under the IRP, the Corps assessed and remediates hazardous waste sites at defense installations. Public involvement was required in all IRP projects.

Also in 1986, the Water Resources Development Act of 1986 was passed. The Act required cost-sharing by local partners in water resource projects. Public involvement was required by the Act. Local sponsors were allowed to manage public involvement activities as an in-kind cost-shared contribution to projects.

Milestones 1985-1989

1985

On 11 December 1985 the Corps published regulation No. 1130-2-432 which provided policy guidance in accepting the services of volunteers. The regulation, entitled Project Operation The Corps of Engineers Resource Volunteers (CERV) Program, RCS DAEN-CWO-72, reflected authorization by Congress in P. L. 98-63 to authorize volunteering within the Corps. This legitimized another dimension of citizen involvement within the Corps.

1986 In an IWR report on The Future of Intergovernmental Relations and the U. S. Army Corps of Engineers, Mark Sickles raised questions concerning how cost-sharing projects may effect public involvement activities within the Corps in the future (Sickles, 1986, p. 71). The report suggested that the Corps might have to share authority in managing public involvement activities in the future with co-sponsors.

1986

IWR offered its first training program on "Conflict Management and Negotiations." A manual was prepared by Christopher Moore and Jerome Delli Priscoli. In the next three years the course was offered four more times and by 1989, 350 persons participate in the course.

1986

The Water Resources Development Act of 1986 was amended to require "opportunity for public review and comment" regarding any changes in the operation of reservoirs requiring a reallocation of storage space (P. L. 100-676, 33USC2312, Section 5).

1988

The Corps with sponsorship of the Chief Counsel's Office launched a three year project of training, technical assistance, and evaluative research to promote the use of Alternative Dispute Resolution (ADR) within the Corps. The strategy of the project was similar to that employed by the Corps in promoting public involvement during the 1970s (Delli Priscoli, 1989 and Edelman, 1990).

1988 The Report of the Corps of Engineers Panel on Project Development in Partnerships was published 1 March 1988. At the direction of the Chief of Engineers, the panel addressed the implications of "partnership provisions" of the Water Resources Development Act of 1986 and offers recommendations concerning the Corps effort to guide the field and to propose needed changes in project development practices. The report made clear that one of the implications of the "cost-sharing" provisions was that: "Involving the interested and affected public should be an important joint responsibility of the Corps and sponsors." (p. 7) 1989 The IWR published the first in a series of Case Studies on Alternative Dispute Resolution. The first case study was about the use of a mini-trial in 1985 between the Corps and a contractor on the Tennessee Tombigbee Waterway project. During 1989, IWR also published its first pamphlet in the ADR Series entitled The Mini-Trial which described the purpose and nature of this ADR procedure (Edelman, et. al., 1989).

1990 to Present: Context

Since 1990 the Corps has experienced significant public controversy, public appreciation, and a reorganization initiative. The controversy involved the Corps' role in helping to develop a Joint Wetlands Delineation Manual with four other agencies at the close of the Reagan administration. A proposed expanded definition of wetlands led to considerable public misunderstanding and opposition to the proposed manual from 1990 through 1992. The outstanding performance of the Corps in Desert Storm and in relief efforts in Hurricane Andrew and Hurricane Iniki provided the Corps with much public praise. The announcement of a proposed reorganization plan on 19 November 1992 created a sense of uncertainty and frustration among a number of Corps personnel.

The issue of public involvement received little corporate attention from headquarters during this period and was eclipsed by other concerns. However, efforts to involve the public had become widespread at the district level. The ADR program continued, but the number of persons attending the Public Involvement courses sponsored through the Training Department at the Huntsville Division declined.

Despite the lack of emphasis on public involvement as an issue and concept, the "Relations Workshop" convened at the Senior Leadership Workshop 1-12 November 1992, identified issues relevant and related to public involvement as a value and process.

Milestones 1990-1993

1990

On 7 July 1990 the Corps published regulations on Shoreline Management on Civil Works Projects (327.30) as an addition to 36 CFR Part 327 - Rules and Regulations Governing Public Use of Water Resource Developments Administered by the Chief of Engineers. The regulation called for the development of shoreline management plans to "achieve a balance between permitted private uses and resource protection for general public use" in all civil works water resource development projects under Corps jurisdiction. Section (d) (6) required: "District Commander will ensure public participation to the maximum practicable extent . . . public participation will begin during the initial phases and must be broad-based to cover all segments of the public interest."

1990

The Water Resources Development Act of 1990 expanded the mission of the Corps to include Environmental Protection, "The Secretary should include environmental protection as one of the primary missions of the Corps of Engineers (P. L. 101-640, November 28, 1990).

1990

In Working Paper #2 of the Alternative Dispute Resolution Series, Jerome Delli Priscoli discussed the connection and developmental continuity between, "Public Involvement, Conflict Management, and Dispute Resolution in Water Resources and Environmental Decision Making." (Delli Priscoli, 1990). The working paper reflected a point the author had made in an earlier article that conflict management and public involvement "were different sides of the same coin. Indeed, it was becoming more difficult to differentiate between CM mediation and PI facilitation." (Delli Priscoli, 1989, p. 32).

1990

The U. S. Army Toxic and Hazardous Materials Agency published a Commander's Guide to Public Involvement in the Army's Installation Restoration Program. The guide explained the requirements and elements of the program and how to develop public involvement in relationship to it.

1992

James Creighton completed a study and reported on a project to develop a public involvement strategy for the Corps in the Columbia River system (Creighton, 1992). The report identified many troubling findings. Among those were: the Corps was perceived as rigid, defensive, and closed minded; it did not relate effectively to major influential leaders in the region; its Public Involvement activities were perceived as pro forma; many Corps officials lacked people skills and made poor public presentations; Public Affairs Offices were seen as inadequate and were being reduced in size, and few Corps staff received any public involvement training during the 1980s.

1992

The "Relations Workshop" at the Corps Senior Leadership Conference on 9-12 November while not focused on the issue of public involvement, identified many issues related and relevant to it. Many of the issues and suggestions raised about relating to customers and partners were similar to those developed in the Corps' public involvement literature since the 1970s.

Historical Review: Bibliography

USACE Public Participation Assessment Project
February, 1993

Allingham, Mary Ekis and Denise Deland Fiber. Commanders Guide to Public Involvement in the Army's Installation Restoration Program. Aberdeen, MD: U. S. Army Toxic and Hazardous Agency, November, 1990.

Benton, Thomas, Katherine P. Warner, and William Wenrich. The Susquehanna Communication - Participation Study: Selected Approaches to Public Involvement." Ft. Belvoir, VA: IWR, USACE, 1970.

Bishop, Bruce Public Participation in Water Resources Planning Springfield, VA: Institute of Water Resources, USACE, December, 1970.

Clarke, Lt. General Frederick J. "Redirection of the Corps: The Recipients Perspective," Water Spectrum. Vol. 4, No. 13, 1972.

Communications with and Service to the Public. Washington, D. C.: Technical Liaison Office, Office of the Chief of Engineers, U. S. Army, 1967-68.

Comptroller General of the United States. Public Involvement in Planning Public Works Projects should be Increased. Washington, DC: Office of the Comptroller General, December 6, 1974.

Creighton, James. Building a Public Involvement Strategy for the North Pacific Division of the U. S. Army Corps of Engineers. Creighton & Creighton, 1992.

Creighton, James. Managing Conflict in Public Involvement Settings. Saratoga, California: Creighton and Creighton, 1986. Creighton, James. Public Involvement Advanced Course Workbook. Ft. Belvoir, VA: IWR, USACE, 1982.

Creighton, James, Jerry Delli Priscoli, and Mark Dunning. Public Involvement: A Reader of Ten Years Experience at the Institute of Water Resources. Ft. Belvoir, VA: IWR, USACE, 1970.

Crist, Charles E. and Ronald A. Lanier. Public Participation Practices of the U. S. Army Corps of Engineers. Fort Collins, Colorado: Colorado Water Resources Research Institute, Colorado State University, July, 1979.

Dahlgren, Charles W. , et. al. Public Participation in Planning: A Multi-Media Course. Alexandria, VA: IWR, USACE, April, 1972.

Delli Priscoli, Jerome. Public Involvement; Conflict Management; and Dispute Resolution in Water Resources and Environmental Decision Making. Working paper #2, Alternative Dispute Resolution Series. Ft. Belvoir: VA: IWR, USACE, October 1990.

Delli Priscoli, Jerome. "Conflict Resolution in Water Resources: Two 404 General Permits." Journal of Water Resources Planning and Management. Vol. 114, No. 1, January, 1988.

Delli Priscoli, Jerome. "Developing Public Involvement Evaluations: A Federal Agency Perspective." A paper given at The Public Involvement Evaluation Conference, Washington, D. C., 4 February 1980.

Delli Priscoli, Jerome. "From Hot-Tub War: Alternative Dispute Resolution (ADR) in the U. S. Corps of Engineers." in W. Vlessman, Jr. and E. T. Smerdon (eds.), Managing Water-Related Conflicts: The Engineer's Role. Proceedings of the Engineering Foundation Conference, Santa Barbara, CA: November 5-10, 1989.

Delli Priscoli, Jerome. "Public Involvement and Social Impact Assessment: Union Looking for Marriage." Ft. Belvoir, IWR, USACE, 1978.

Delli Priscoli, Jerome. "Public Involvement, Conflict Management: Means to EQ and Social Objectives," Planning and Management. Vol. 115, No. 1, January, 1989.

Delli Priscoli, Jerome. "The Enduring Myths of Public Involvement." Citizen Participation, March-April, 1982.

Delli Priscoli, Jerome. "Why the Federal and Regional Interest in Public Involvement Water Resources Development." Ft. Belvoir, VA: IWR, USACE, 1978.

Dodge, Burnham H. "Achieving Public Involvement in the Corps of Engineers: Water Resources Planning." Water Resources Bulletin. Vol. 9, June, 1973.

Dodge, Burnham H. "Effective Public Participation in Federal Water Resources Planning." (Memo) USACE, IWR, 1970.

Edelman, Lester. "Resolving Disputes Without Litigation," The Military Engineer. July, 1990.

Grant, E. L. and W. G. Iresom. Principles of Engineering Economy. New York, NY: Roland Press, 1964.

Hanchey, James R. Public Involvement in the Corps of Engineers Planning Process. Ft. Belvoir, VA: IWR, USACE, October, 1975.

Havlick, Spencer. "The Construction of Trust: An Experiment in Expanding Democratic Procedures in Water Resources Planning." Water Spectrum. Vol. 1, 1970.

Heiberg, E. R., III, Major General, Director of Civil Works. "Compliance with Federal Advisory Committee Act (FACA)." A memo distributed to USACE Departments and Divisions, 28 September 1981.

Langton, Stuart. Case Studies of Six Citizen Involvement Programs. Fort Belvoir, VA: Institute of Water Resources, USACE, 1982.

Langton, Stuart. Citizen Participation in America. Lexington, MA: Lexington Books, D. C. Heath & Co., 1978.

Langton, Stuart, ed. Citizen Participation Perspectives: Proceeding s from the National Conference on Citizen Participation. Medford, MA: The Lincoln Filene Center for Citizenship and Public Affairs, Tufts University, 1979.

Langton, Stuart. Environmental Leadership. Lexington, MA: Lexington Books, D. C. Heath & Co., 1984.

Langton, Stuart. "The Evolution of a Federal Citizen Involvement Policy." Policy Studies Journal. November, 1981.

Maas, Arthur. Muddy Waters. Cambridge: Harvard University Press, 1951.

Mazmanian, Daniel, and Jeanne Nienaber. Can Organizations Change? Environmental Protection, Citizen Participation and the Corps of Engineers. Washington, D. C.: The Brookings Institute, 1979.

Mazmanian, Daniel. "Citizen Participation in Water Resources Decisions of Federal Agencies: Objectives, Techniques, and Assessment." Paper present to a Symposium, Citizen Participation Models and Methods of Evaluation. Washington, D. C.: Institute for Responsive Government, February, 1980.

Moore, Christopher and Jerome Delli Priscoli. The Executive Seminar on Alternative Dispute Resolution (ADR) Procedures. Boulder, CO: CDR Associates, 1989.

Moore, Jamie W., and Dorothy P. Moore. The Army Corps of Engineers and the Evolution of the Federal Flood Planning Management Policy. Boulder, CO: Institute of Behavioral Science, 1989.

Newman, J. B. (Col.), "Public Participation in Water Resources Planning." (Memo) (EC 1165-2-100), 28 May 1971. Washington, D. C.: USACE, Director of Civil Works.

Nienaber, Jeanne. Bureaucracy, Policy, and Change: The Impact of Environmentalism in the Corps of Engineers. Ft. Belvoir, VA: IWR, USACE, April, 1975.

Petersen, James. Citizen Participation in Science Policy. Amherst, MA: The University of Massachusetts Press, 1984.

Pierce, John C. and Harvey R. Doureksen. Water Politics and Public Involvement. Ann Arbor, MI: Ann Arbor Science Publishers, 1976.

Public Involvement: 30th Meeting of the Environmental Advisory Board, San Francisco, CA: 14-17 July, 1981. Washington, D. C.: Office of the Chief, USACE, 1981.

Ragan, James. Public Participation in Water Resources Planning: An Evaluation of the Program of 15 Corps of Engineers Districts. Fort Belvoir, VA: IWR, USACE, November, 1975.

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Robinson, Michael. "The Relationship Between the Army Corps of Engineers and the Environmental Community, 1920-1969." Environmental Review. New Jersey Institute of Technology, Vol. 13, No. 1, Spring, 1989.

Rosenbaum, Walter. Environmental Politics and Policy. Washington, D. C.: Congressional Quarterly, Inc., 1985.

Rosenbaum, Walter. "Public Participation: Required, but is it Important?" Citizen Participation. Vol. 1, 1, September, 1979.

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Rosener, Judy. The Sanibel General Permit Process: An Evaluation. Jacksonville District, USACE, August, 1979.

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Willeke, Gene. Identification of Publics in Water Resources Planning. Atlanta, GA: Georgia Institute of Technology, September, 1978.

Wojick, David E. Planning for Discourse: A Manual for the Diagnosis, Planning, and Management of Group Participation Process based upon the Use of Issue Analysis Measures. Ft. Belvoir, VA: IWR, USACE, January, 1978.

Wolff, Robert David. Involving the Public in the Hierarchy in Corps of Engineers Survey Investigations. Stanford, CA: Stanford University Program in Engineering - Economic Planning, 1971.

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Index

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

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