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| August 20, 2001 Dinah Bear Dear Ms. Bear: This is to ask your assistance in a most urgent matter regarding NEPA compliance for the World War II Memorial. Your office was involved in reviewing the WWII Memorial process in 1997 and 1998, at the instigation of former Senator Bob Kerrey (D-Neb.) In early 1998 CEQ abandoned oversight. There is, however, still an important role for CEQ to play. In May 1998 the National Park Service published an Environmental Assessment and then immediately thereafter a Finding Of No Significant Impact for the WWII Memorial. As a result, no Environmental Impact Statement was ever prepared. Since 1998, however, the WWII Memorial design has changed significantly and arsenic and other contaminants have been discovered in the soil and groundwater (AMBC consultantıs report is attached). The NPS, however, has not addressed these and other concerns. When final approvals were granted in fall 2000 there was no plan for dumping of arsenic-contaminated soil or for treating the contaminated water that will be pumped into the Tidal Basin. The National Coalition has asked the EPA and D.C. Health Department to take action (letter attached). Congress and the President were probably unaware of these serious health and environmental problems when they rushed through Public Law 107-11 to expedite the WWII Memorial "notwithstanding any other provision of law", in effect nullifying our lawsuit. Public Law 107-11 (attached) does not, however, exempt the Memorial from EPA, D.C. Government, or other review. Section 2 states that "Elements of the memorial design and construction not approved as of the date of enactment of this Act [May 2001] shall be considered and approved in accordance with the requirements of the Commemorative Works Act (40 U.S.C. 1001 et seq.) and in Section 1, that "design modifications, if any, [shall be] approved in accordance with applicable laws and regulations." We respectfully ask again that CEQ take immediate action in answering these open questions. Attached is the letter I sent Ted Bolling in your office last February. Thank you very much. Please consult our website: www.savethemall.org Sincerely, Judy Scott Feldman, Ph.D., Co-Chair |
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