Michael Osborne: The legal liability may depend on the stated responsibility in the 

 assuring agreement. 



John Uhl: This question has been recently raised with the Corps of Engineers in regard to 

 the Harvey Canal. 



Clcorke Lozes: Assurances require that the Federal Government be held harmless and 

 safe from damages and require State and local government maintenance. 



Rod Emmer: In preparation of an environmental impact statement for the Almonaster- 

 Michoud Industrial District in New Orleans, we identified, as an impact, accelerated 

 erosion of the Mississippi River Gulf Outlet and recommended implementation of 

 structural measures to offset this erosion. The responsibility for protecting the 

 shoreline may be identified beforehand in this case. 



Michael Osborne: It seems to me that the parish could make a strong legal argument 

 that, in the case of navigation canals designed or constructed by the Corps of 

 Engineers, that if the canal widened beyond the right of way, the Corps inadequately 

 designed the project for its 50-year life. 



John Uhl: What can be done to streamline the permit process? 



Charles Broussard: There should be limits to the time allowed for response to permit 

 applications. There should be clarification of the role of State agencies in the 

 review process. For example, in the Mermentau Basin case, the National Marine 

 Fisheries Service would not accept the Louisiana Department of Wildlife and 

 Fisheries report. Also, there should be limits to the time for interagency conflict 

 without resolution. 



John Uhl: We tried to include in the Jefferson Parish coastal zone management program 

 time limits for reasonable responses and discussion of 6 months to one year. This 

 was met with some consternation. 



Charles Broussard: The Secretary of the Army has the right to make a decision even 

 when a conflict is not resolved, but such decisions are politically difficult. 



Michael Osborne: There is some confusion of these past procedures and problems under 

 Corps of Engineers administration of Sections 10 and 404 with the present State 

 adminstered coastal use permit system begun in October 1980. Often the blame for 

 these environmental conflicts belongs with the people who engineered the project 

 for not anticipating these problems of conflicts in water resource uses. 



Charles Broussard: In the Mermentau Basin case, a broad view of multiple resources was 

 held from the beginning and was the reason for developing the project. Replacement 

 of the Vermilion Locks has begun at a cost to the Federal Government of $36.8 

 million. This project is being developed to maintain the integrity of the Mermentau 

 Basin, yet within a stone's throw we are not allowed to close the breaches in order to 

 prevent saltwater intrusion. 



Paul Hribemick: Section 404 is an attempt to effect multdisciplinary decisionmaking 

 but, in the political compromises needed to pass the act, effective veto power was 



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