PUBLIC INVOLVEMENT IN A MULTI-CULTURAL COMMUNITY

Catherine Coghill and Maggie Wood
Parsons Brinckerhoff Energy Services

Corey Cruz
United States Department of Energy
Albuquerque Operations Office

ABSTRACT

"Public Involvement in a Multi-Cultural Community" is a component of work being performed for the U.S. DOE Albuquerque Operations Office on the Los Alamos National Laboratory (LANL) Site Wide Environmental Impact Statement. The public participation program for the Los Alamos National Laboratory Site-Wide Environmental Impact Statement was designed to actively involve the many and diverse communities that surround LANL who historically have not participated in DOE public involvement programs.

INTRODUCTION

The many laws and regulations pertaining to U.S. Department of Energy (DOE) public participation activities require that various interested and affected stakeholders be identified and given an opportunity to take part in the DOE decision-making process. However, DOE frequently refers to and creates public participation programs for "the public" as if they were a single entity. As a result, DOE is often seen as not being receptive to affected stakeholders, including those from minority and low-income populations.

In response to lessons learned from other DOE public participation programs and local community concerns, the DOE Albuquerque Operations Office and the contractor team (GRAM Inc.; Parsons Brinckerhoff Energy Services Inc.; Dames & Moore, Inc.; and Beta Corporation International) supporting DOE on the Los Alamos National Laboratory (LANL) Site-Wide Environmental Impact Statement (SWEIS) have implemented an enhanced public participation program for the SWEIS. The LANL SWEIS public participation program goes beyond National Environmental Policy Act (NEPA) requirements to provide communities that historically have not been involved in DOE/LANL issues with early and continued involvement in the selection of options and alternatives for the SWEIS.

BACKGROUND

LANL, established in 1943, is a research and technology development facility owned by DOE and managed and operated by the University of California. DOE and LANL have their origins in the Manhattan Project, under which the first nuclear weapons used in World War II at Hiroshima and Nagasaki were developed. LANL is located in north-central New Mexico, an area of natural beauty enriched by the interweaving of three cultures-American Indian, Hispanic, and European.

The area is dominated by the Jemez Mountains to the west and the Sangre de Cristo Mountains to the east. These two ranges flank the valley formed by the Rio Grande River. The Los Alamos area, located on mesas as high as 7,300 feet with steep rock walls, offered the necessary inaccessibility and isolation that allowed the U.S. Army to apply rigid security measures. The climate was suitable for outdoor work in the winter and the surrounding, isolated canyons provided safe testing areas for weapon development. Just ten miles east of LANL and across the Rio Grande are the western edges of Hispanic and American Indian Pueblo communities. The ancestors of the inhabitants of these communities arrived in the river valley centuries earlier. The population in the immediate vicinity surrounding LANL is 51 percent Hispanic, 43 percent Caucasian, and 6 percent American Indian.

The very old and the very new are juxtaposed within the immediate environment of Los Alamos. Los Alamos County is home to the most Ph.D.'s per capita in the United States. American Indian Pueblos, where traditional ceremonies and customs are still honored, old high-mountain Hispanic villages, and the ruins of prehistoric Indian cultures are also found nearby. LANL operations impact many local communities. While many communities are designated by their geographic locations, others are communities based on economic, ethnic, or other considerations.

During the past 50 years, LANL's mission has expanded to include research in energy, materials science, computational science, environmental protection and cleanup, and other basic scientific research.

DOE proposes to continue the operation of LANL in support of current missions and will examine the environmental impacts of the continued operations as well as the impacts of operations supporting potential new mission assignments. DOE believes the best way to examine the environmental impacts of these proposals is through a SWEIS.

LANL SITE-WIDE ENVIRONMENTAL IMPACT STATEMENT

In DOE NEPA strategy, a SWEIS is intended to analyze site operations and to address the individual and cumulative impacts of ongoing and proposed site activities. A SWEIS provides DOE and its stakeholders with: 1) an analysis of the environmental impacts caused by ongoing and reasonably foreseeable new operations and facilities 2) a basis for site-wide decision making; and 3) improved and coordinated agency plans, functions, programs, and resource utilization. Additionally, a SWEIS provides an overall NEPA baseline that is useful for tiering of other NEPA documents or as a reference when project-specific NEPA documents are prepared.

A SWEIS (DOE/EIS-0018) prepared in 1979 has served as the basis for operations at LANL. Changes in the world political situation have altered the role of and operations at LANL. DOE is preparing the LANL SWEIS to replace the 1979 SWEIS as the baseline environmental impact statement for LANL. The LANL SWEIS will provide NEPA review for specific projects that DOE has proposed for implementation. DOE will also use the LANL SWEIS to develop mitigation measures for impacts of LANL operations; interim nuclear materials storage and management strategies to protect and conserve natural and cultural resources; and waste management strategies for LANL.

A team of contractors was selected to assist the DOE Albuquerque Operations Office in preparing the documentation and analyses required by NEPA for the LANL SWEIS. One of the project elements with which the team of contractors is assisting is the design and implementation of the public education and involvement program for the LANL SWEIS.

PUBLIC INVOLVEMENT

The LANL SWEIS Team has defined and implemented an enhanced public involvement program for the LANL SWEIS that goes beyond DOE and Council on Environmental Quality requirements for public involvement in three key areas. First, the program includes opportunities and mechanisms for stakeholder involvement greater than what is required by the NEPA process. Second, the program includes activities which are developed specifically for American Indian and Hispanic populations in rural areas of Northern New Mexico where individuals in the past have not participated in public outreach activities. Third, the program uses different communication methodologies and approaches for communication with each of its affected multi-cultural communities.

DOE has committed to a public involvement process that goes above and beyond the requirements of NEPA for the following reasons:

A targeted public participation program for multi-cultural communities is therefore being created for the LANL SWEIS. The public involvement program is being developed to reach out to communities that in the past have not participated in public outreach activities.

The Public Participation program includes:

GENERAL PROGRAM HIGHLIGHTS

Advance Notice of Intent and Prescoping Process

Prescoping began when the Advance Notice of Intent was published in the Federal Register on August 10, 1994 (59 FR 40889) and ended with the publication of the Notice of Intent in the Federal Register on May 12, 1995 (60 FR 25697). The primary goals of the prescoping phase were to provide stakeholders with general information about LANL and the SWEIS process and to obtain preliminary feedback on issues and ideas regarding the SWEIS scope. In 1994 DOE conducted prescoping meetings with stakeholders on LANL issues identified by affected stakeholders. These included public information meetings, public comment meetings, and meetings with local, state, tribal, and federal government officials, as well as representatives of local community interest groups. The format, agenda and conduct of the three public meetings was delegated to representatives of each community resulting in three completely different meetings. Prescoping comments received were considered in the preparation of the Notice of Intent published by DOE.

"Greener" Alternative

The LANL SWEIS Team provided members of the public with the opportunity to work with DOE in creating a technically feasible alternative not previously identified in the Notice of Intent. A general description for this alternative was developed by members of the local public. Work sessions for the creation of this alternative were held at a local bakery in Santa Fe. The owner of the bakery was a participant in the process and offered up his place of business to hold the work sessions.

The Greener Alternative would use the University of California capabilities and competencies at LANL for programs and projects that focus on basic science, waste minimization and treatment, dismantlement, non-proliferation, and other areas of national and international importance. This alternative neither adds nor eliminates missions from LANL. It includes increased operations such as high-energy physics, health and nuclear medicines research, the fundamental nature of matter, waste minimization technologies, environmental restoration technologies, weapons dismantlement, international nuclear safety and nonproliferation.

Information Sharing

Due to the volume and type of information requests from the general public during prescoping, the DOE Project Manager has an agreement with the DOE Albuquerque Operations Office to bypass Freedom of Information Act requests for the SWEIS. This agreement enables the public to receive requested SWEIS information in a more timely fashion thereby making their participation in the process more constructive. The DOE Project Manager personally responds to all information requests within ten to fourteen days. If information is requested that is classified, every attempt is made to provide declassified versions of the same material. The public also has direct access to the DOE Project Manager and the contractor team in the event that they have any questions or concerns about the SWEIS.

Coordination With Other DOE Actions

Complex-wide, and locally, DOE and LANL are currently going through changes which is resulting in various public processes and public meetings. The SWEIS is acting as an integration, coordination and differentiating body to clearly define what the SWEIS is, how it overlaps with other programs and how it differentiates SWEIS issues from non SWEIS issues. Activities to support this effort have included attending public meetings for other NEPA reviews to answer those questions regarding the SWEIS and to explain the role of the SWEIS versus local Environmental Assessments (EAs) and complex-wide Programmatic Environmental Impact Statements.

Open Forums

Open forums are held throughout the entire SWEIS process for the general public in various communities surrounding LANL. The format is informal, with open discussion, question and answer sessions. These open forums provide interested citizens with information regarding the project as well as an opportunity to discuss with the DOE issues, concerns, and expectations regarding the SWEIS. The DOE Project Manager is available at these forums to answer questions and solicit concerns regarding the process.

AMERICAN INDIANS

American Indian Pueblos and Reservations are sovereign nations. Each tribal government is an entity separate from the federal, state, and municipal governments surrounding them. The American Indian Pueblos operate under a form of government that incorporates both American Indian and European conventions. Welded into this relationship are the legal and international ramifications of historical Pueblo relationships with the Spanish and Mexican governments, which still are in effect today because of various international treaties, land grants, and court decisions.

There are approximately 56,000 people in the 19 pueblos and reservations located throughout northern New Mexico; many of them live below the poverty level. The LANL SWEIS public involvement program is concentrated on the 10 American Indian Pueblos and Reservations located closest to LANL.

The SWEIS public involvement program for the American Indians was designed to meet the specific needs of each community and compliments the programs that were developed for the general public. Because Pueblos are sovereign nations, DOE works with them on a government-to-government basis in establishing working relationships in accordance with their sovereign status. Additionally, each tribal government has unique cultural and communication requirements that must be considered. As a result, a concerted effort has been made to bring the public involvement process for the LANL SWEIS to the Pueblos.

Interactive communication with the Pueblos through workshops, hearings, and informational meetings are held at locations preferred by the particular Pueblo community from which input is being sought. Meetings are held using a format predetermined by the Pueblos and are generally closed to the general public. At least five different languages are spoken among the Pueblos in Northern New Mexico. Many members of the Pueblos are trilingual and are fluent in English, Spanish, and an individual Pueblo dialect. The public involvement staff utilizes individuals who are bilingual in Spanish and English. The comments and input of tribal leaders are recognized and responded to as those of sovereign governments. Public involvement activities tied to scheduled milestones, planning meetings, or interviews are handled in a manner that respects the different social and religious calendars of the various Pueblos.

The DOE Project Manager, technical team members, and the public involvement staff attend, upon invitation, various Pueblo religious celebrations open to the public in order to reach a better understanding and appreciation of the complexities of the Pueblo culture and communities.

AMERICAN INDIAN PROGRAM HIGHLIGHTS

Scoping Hearing

Due to prior commitments, the Pueblos of San Ildefonso, Santa Clara, Jemez, and Cochiti were unable to comment during the scoping period. In order to accommodate the needs and concerns of the Pueblos, a meeting was held for the four Pueblos after the official close of scoping. The comments received were given the same priority as those comments received during the official scoping period. Responses to the Pueblo comments were done in a government-to-government fashion.

Informal Consultations

The LANL SWEIS Public Affairs Staff has utilized both formal and informal communication approaches with the American Indians in northern New Mexico for purposes of gathering information on the LANL SWEIS. The DOE project manager has briefed various tribal governors, councilors and elders on the status of the SWEIS and has received input on the process from them. The location and format of these meetings has varied from tribal council chambers to feast days to informal lunches. The Public Affairs staff is currently organizing informal meetings with various pueblo women who asked the Public Affairs Staff to talk with them and their high school and college age children about women's issues and environmental issues as they pertain to the LANL SWEIS.

HISPANIC COMMUNITIES

The region directly to the east, north, and south of LANL primarily consists of rural Hispanic communities where Spanish is the first and primary language. Many of the individuals indigenous to this area proudly trace their heritage to the Spanish conquistadors who first explored the region in the 1500's. Participation in LANL and DOE public outreach programs by individuals from these Hispanic communities has historically been low. Therefore, information and guidance on how to increase Hispanic community involvement was sought from representatives of the two entities which have formed the social, political, and religious foundation for northern New Mexico since the 17th century-the Roman Catholic Church and the Hispanic Acequia community.

Historically, the Roman Catholic Church has been the religious, social, and governmental foundation for many of the small communities that dot northern New Mexico. That influence still exists today. Therefore, interviews were held with representatives of the Archdiocese of Santa Fe, which governs all Roman Catholic Churches in New Mexico. Information was sought from this organization on how the public involvement program should be structured to improve participation and interest in the LANL SWEIS. These representatives identified the local parishes whose members would be most likely affected by LANL operations. Subsequent meetings with the parish priests were held to provide information on the LANL SWEIS and seek their assistance in developing public outreach programs that would meet the needs of their parishioners. These representatives also suggested that the LANL SWEIS team contact individual community leaders including representatives of the Acequia communities to gain information on how to develop a more effective outreach program for the Hispanic community.

Literally, acequias are a system of irrigation ditches located on the Rio Grande River and its tributaries. They allocate and distribute water among the small farms of Northern New Mexico. Organized during the 17th and 18th century, acequia communities today are composed of landowners from several cultures, including Europeans, who follow the age-old practices of ditch system maintenance. Because of the elaborate labor systems that are required to operate and maintain these ditch systems, a social and political system has evolved around acequias which forms the backbone of many small communities. The social systems of labor necessary to operate the ditch system include commissioners (elected representatives), may ordomos/mayordomas (ditch managers), and parcipiantes (landowners/shareholders).

Acequias, as physical properties, and as the administrative organizations that maintain and operate the ditch systems, range in size from a few parcipiantes with small farms to large systems consisting of many parcipiantes with complex networks of ditches. (It should be noted that acequias are also being evaluated in the SWEIS as traditional cultural properties.) Acequias operate as independent organizations but may voluntarily join together into larger federations such as the Taos Valley Acequia Association and the New Mexico Acequia Association. Interviews and small group meetings have been held with representatives of the acequia communities to identify issues that should be addressed in the SWEIS and to gain their input on how to improve participation by local communities in the SWEIS development process. As a result, the public outreach program has been enhanced to better meet the needs of the northern New Mexico communities. Enhancements that have been made to the public involvement program are presented below.

HISPANIC PROGRAM HIGHLIGHTS

Spanish Translation

All SWEIS educational and outreach materials and public meeting and hearing advertisements are presented in both English and Spanish. Simultaneous translation in Spanish is offered at all large public meetings and hearings. Bilingual public involvement specialists are used for small group meetings. Interviews and informal meetings are conducted in the participant's language of preference.

Meeting Notices

Many individuals in northern New Mexico do not receive newspapers on a regular basis. Therefore, upcoming public meetings are advertised on local Spanish radio stations and advertisements are placed in church bulletins and on bulletin boards. Personal phone calls are made to community leaders to inform and invite them to meetings. The community leaders in turn mobilize the community to attend the SWEIS meeting or function .

Small Group Meetings

Through small group meetings, relationships have been established with the Taos Valley Acequia Association and the New Mexico State Acequia Association. Information has been sought from these organizations regarding their concerns about potential impacts from LANL operations on water quality. The DOE project Manager has spoken with and sought input from small group meetings sponsored by the New Mexico Acequia Commission. Additionally, the DOE Project Manager and SWEIS Team representatives attended a small mass which was held by the Archbishop of Santa Fe to honor the acequia members in northern New Mexico and bless the headwaters of the Chimayo Acequia system.

Interviews

The LANL SWEIS Public Affairs staff has interviewed and received information from Hispanic representatives of 1) eight different parishes; 2) small businesses; 3) the agricultural community; 4) current and retired LANL employees; 5) elected officials; 6) family service organizations; 7) special interest groups including acequia, land grant, and Chicano activist organizations; 8) the artist community; 9) community health organizations; 10) school systems; and 11) residential organizations. The purpose of these interviews was to identify community concerns, establish open channels of communication, and identify methods that could be used to improve community involvement in the SWEIS process.

CONCLUSION

In order to have involvement by all potentially affected communities, DOE has recognized the need to maintain a continuos dialogue with the many and diverse communities that surround LANL throughout the SWEIS development process. DOE has recognized that the traditional lack of participation in public involvement programs by minority communities may not indicate a lack of interest in their programs, but rather may indicate that the wrong method or approach was being used. Accordingly, for the LANL SWEIS, DOE is actively reaching out to solicit input from minority communities using a venue that enables the community to fully participate in the DOE decision-making process. The DOE Project Manager and the contractor team attend open forums, fiestas, tribal feast days, acequia community functions, and small gatherings in people's homes to establish communication channels and solicit input from all communities. By attending these functions and actively reaching out to community members DOE is demonstrating its interest in developing and implementing public involvement programs that address the concerns and needs of a multi-cultural community.