=_ A preferred over other soil disposal options. The replanting programs needed for excavation and topping alternatives would require up to a decade before all subsistence crops could be reestablished for use by the returning islanders. Addition of soil fertilizers, conditioners, or off-atoll sources of soil are preferred over dredging of lagoon sediments for a source of replacement soil. Table 2 contains a summary and checklist of the enviromental effects associated with each of the alternatives and their components plus a list of potential mitigation measures to reduce or avoid adverse effects. THE POSSIBLE ROLE OF EXISTING FEDERAL ENVIRONMENTAL STATUTES IN THE REHABILITATION AND RESETTLEMENT OF BIKINI ATOLL. At the present time (Oct 1984), Bikini Atoll is a part of the Trust Territory of the Pacific Islands and probably falls within the jurisdiction of many of the federal environmental laws and their associated regulations and the presidential executive orders discussed below. However, if the Compact of Free Association is ratified by Congress in its present form before or during the cleanup of the Atoll, at least some of the environmental statutes may no longer apply to the new Republic of the Marshal] Islands. Furthermore, additional modification of the Compact, if any, prior to ratification may also affect additional statutes. Thus, the brief evaluation below is offered for information purposes only, and must be read in light of the above and any other uncertainties pertaining to the situation. opinion. It is not an official legal NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) If the cleanup is accomplished by a federal agency and/or is subject to federal regulatory approval, the responsibility for preparation and coordination of environmental documentation, probably an Environmental Impact Statement (EIS), will rest with the lead federal agency. Coordination is accomplished during the active planning phase of the project. The EIS process normally requires coordination with other agencies, public notices, public meetings and hearings, supporting studies, and the preparation and revision of documents subject to public review, and responses to public concerns and comments, prior to approval of the final details of the cleanup. The EIS process usually takes a year or more ta complete and the documents also contain information on the status of compliance with all other applicable environmental statutes. The lead agency then decides whether to go forward with the project and which alternative and mitigation measures to implement in a written document, the record of decision. The possibility also exists that the NEPA documentation for the Bikini cleanup would be handled as a legislative EIS (see 40 CFR 1506.8), and the “detailed statement" prepared in this manner might involve slightly different procedures during EIS coordination. CLEAN WATER ACT Section 402 of the Act requires an EPA permit for the discharge of pollutants into “waters of the United States," which is interpreted to include al] lagoon waters and territorial waters up to the 3-mile limit as measured from the territorial baseline which is interpreted to be the outer edge of the atoll reef rim. Section 404 requires a Corps of Engineers permit for the discharge of dredged or fill materials into the same water body. Soil removed 300132 from istands may be categorized as fill material. The processing of both . types of permits normally involves an evaluation of .the environmental consequences of the discharges and possibly the institution of conditions or measures to reduce water quality and related ecological impacts. E-2