e. The (Ahia v. Kaulana Bay, Hawaii -A hearing on the Plaintiffs motion for a preliminary injunction to stop the project has been postponed until March. Corps has agreed not to award the contract for the period until then. Marsh, et al., D. Hawaii) f. Lake Pontchartrain Hurricane Protection, Louisiana -In 1977, the Court enjoined work on the Chalmette and New Orleans East portions of the hurricane protection plan and on the proposed barrier structures at Chef Menteur Pass and the Rigolets; the Court ruled that the EIS was inadequate. In 1978, at the Government's request, the Court modified its order, ruling that certain portions of the project which had minor environmental impacts, which afforded flood protection and which were separate and independent from the barrier structures were excluded from the injunction. A revised environmental impact statement has been prepared and filed with EPA. (Save Our Wetlands, Inc. v. Rush, E.D. La.) 8. Libby Additional Units and Reregulating Dam, Montana -In 1978, the Court enjoined construction on the project, finding that Congress had not authorized it and that the Corps had not considered alternatives adequately. The Government appealed, and the Ninth Circuit enjoined construction of the reregulating dam and allowed placement of additional units. The Court found that the reregulating dam was not authorized, but it did not rule on the adequacy of the Environmental Impact Statement. The injunction remains in effect. (Libby Rod and Gun Club v. Potent, D. Wash.) h. Luxapalia Creek, Alabama and Mississippi -Construction on this project has been enjoined since 1976. The Corps is currently engaged in studies leading toward a new Environmental Impact Statement. In 1981, the State of Alabama and the United States filed a joint motion for dissolution of the injunction and dismissal of the suit. The Alabama Conservancy, Inc. and Birmingham Audubon Society opposed the motion and moved to intervene. In 1982, the Court refused to dismiss the case and permitted the environmental groups to intervene. No hearings are currently scheduled. (State of Alabama v. U.S. Army Corps of Engineers, N.D. Ala.) 1. Papillion Creek and Tributaries, Nebraska. -The original project called for the construction of 21 dams in the Papillion Creek Basin. In 1973, the Court en joined construction at site 10, concluding that because the rest of the project was being reevaluated and was likely to be modified, continuation of work at site 10 was not within the Congressional mandate. That injunction remains in effect. Congress appropriated funds for sites 18 and 20 in fiscal year 1981, and in 1982 the Plaintiffs moved to enjoin work on site 18. Court denied the motion in September 1982 (Papillion Valley Preservation Association v. Corps of Engineers, D. Neb.) The j. Santa Paula Creek Flood Control, California -This project was enjoined in 1976, because the Court found the Environmental Impact Statement inadequate. A new environmental impact statement has been prepared and is under review. (Friends of Santa Paula Creek v. Callaway, C.D. Cal.) k. Stonewall Jackson Lake Project, West Virginia -The lawsuit is in the discovery phase. The Court denied the PLantiff's motion for a preliminary injunction, which would have stopped work on the project, in 1980. Construction is continuing. No trial date has been set. (National Wildlife Federation v. Alexander, N.D. W. Va.) 1. Tampa Harbor, Florida. On 22 December 1982, the Court ruled that the Corps was illegally disposing dredged material into the Ocean; EPA's designation of the disposals site was improper and the Corps studies were inadequate. Continued dumping at the site was enjoined. The Government did not appeal the decision. EPA has designated an alternate site and the Corps is soliciting bids for the project. (Manatee County v. Gorsuch, M.D. Fla.) m. Wallisville Lake Trinity River, Texas -The projects have been enjoined since 1973. In 1983 Congress modified the Wallisville project with respect to its physical elements and planned operation. Preparation of an environmental impact statement on the revised project is nearing completion. With regard to n. West Tennessee Tributaries, Tennessee -The Court enjoined work on this project in 1973 on the ground that the Envoronmental Impact Statement prepared for it was legally inadequate. In 1978, the Court also found the Supplemental Environmental Impact Statement inadequate and contined the injunction. The injunction remains in effect. On 9 February 1983, the Corps filed a second supplemental Environmental Impact Statement with EPA. The parties are pursuing settlement negotiations, and no further hearings are scheduled at this time. (Akers v. United States, W.D. Tenn.) The litigation involving Richard B. Russell Dam, Stockton Dam, Harry S. Truman, and Tennessee-Tombigbee Waterway has been concluded. STATUS OF SURVEY REPORTS Chairman HATFIELD. Would you provide for the record a tabulation showing the current status of all survey reports similar to that provided on page 171 of last year's hearing. General BRATTON. A summary form and complete listing of the various stages of review of reports currently at the Washington follows: Further action completed Greenville Hbr, MS (PHI) NAV None 3Mar 76 3Mar 76 18Apr 77 25Apr 77 16Jun77 15Nov77 18Nov77 9Jun 78 Vicksburg Hbr, MS NAY FDP 225eb82s 18Mar 825 4Jan83 31Jan8320Sep83 22Dec83 6Jan84 9Jul80 18Feb81❘ 27Mar81 5May81 4Sep81 30Ju181 23Dec81 12Jan82 16Dec83 14Jul83s 28Jul83s Missouri Rvr Bank Stab/Nav Mit F&ML 15Jun81 2Sep82 30Sep82 18Nov82 12Jan83 14Feb83 Atlantic Coast of MD & SP 160ct80 19Feb81 31 Mar 81 22Apr81 2Jul81 28Apr81 29Sep8! 150ct81 27May83 60ct80 18Feb8116Mar81 23Apr81 [28Jul8117Jul81 4Sep81 18Sep81 14Nov83 22Dec 83 26Jan84 9Mar 82 5Apr 82 5May82 4Aug82 27Jul8214Sep82 27Sep82 27May83 1Aug8312Sep83 7Dct83 Returned 12/16/83 for modification. Harrisburg, PA FDF 7Dec 77 21Jun 78 21Jun78 31 Aug78 310ct78 30Nov78 16May79 23May79 8Apr 8312Sep83 50ct83 50ct83 HD 98-123 Norfolk Hbr & Chals, VA NAV 29Aug80 19Nov80 21Jan81 3Mar81 15May81 17Jul81 20Nov81 4Dec81 25May82 15Dec82 20Jan83 2Feb81 13May81 11Jun81 1Jul81 25Sep81 25Sep81 16Nov81 4Dec81 8Ju183 22Dec83 5Jan84 30Dec83 3Apr 80 235ep80 210ctB0 9Mar81 16Jan81 210ct81 10NovB1 13Jun83 50ct83 260ct83 1 Dec83 |