=reiy famaticns umier the supervision of the Secretary of the
Tateriirm and 2arrr
waits "35
Pull
tut
the responsibilities of the United States,
Z2vernmental powers and responsibilities in the
Trust Tarricviry under the Trusteeship Agreement.
No.
LLIEL.
Drader No.
3
2.F.R.
2312.
1959-63 Comp. at
600;
Executive Order
Department of the
Intertor
Defendant Johnston is an appointee of the President
of tne United States, subject to the advice and consent of the
Senaze.
-5 U.S.C.
§ 168la.
Defendant DeBrum is an appointee
of tne Stsh Commissioner of the Trust Territory.
Platntirtrs are not contending that defendants Johnston and
DeBrum are Teieral agents and directly subject to NEPA.
Nevertheless
ther ao remain subject to this Court's injunctive powers to insure
comrlienoe witha NZPA and the Trusteeship Agreement.
ms, 2emplaint
shows,
these are operating officials in the Trust
tea Complaint, 97 13 & 14.
They have general responsi-
bilities frr tne people of Bikini and perform and supervise operating
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ry
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3
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$2
BD
t
Vd
mn
(b
"3
Puncviins with resvect to the Bikini resettlement project.
by EVD uithncut prior NEPA compliance).
we 2Z88 lav oF NEPA is replete with decisions in which non-federal
Zes
ers enzoined in order to enforce
NEPA.
fost often,
this
is done
on the uneory wnat tne non-rederal party has become a "partner”™ of the
elerBal givernment on the particular project.
=.
Velde, (227 F.2a 252, 257 (uth Cir.
Silva v. Romney, supra;
1974) (case remanded to District
Po .27 its inzttraciion that if State attempts to retain Federal funds
LTlCLAaliy
grantti for 2 tenal center, without returning tne funds or
PINT LIanIe
WLIn USP, the State should be permanently enjoined.
Svzts
aren
Til
"...Tne
2annmtt retain the fruits of federal partnership in this venture...'");
cndivicusl vexrcers
slravzy Dert.,
3052142
Of The San Antonio
--4 F.22.1923,
1727
Conversation Society v.
(Sth Cir.
i971), cert.
denies,