Tribe to sue corps over trafficway decision

An American Indian tribe is ready to go to court to prevent the South Lawrence Trafficway from being built through the Baker Wetlands.

The Prairie Band Potawatomi Nation is asking the U.S. Army Corps of Engineers to take another look at options for a highway south of the Wakarusa River, an option rejected by the corps eight months ago.

And now, as the corps prepares to issue its “record of decision” for the project — a document that would lift regulatory barriers to construction of the estimated $110.2 million highway through the wetlands — tribal officials say they have a better, less expensive alternative.

If the corps can’t see it, they say, a judge will.

“It is disturbing that through this misguided and blatantly defective EIS (environmental impact statement) process, the corps would permit construction that will irreparably damage the environmental, scientific, historical, cultural and religious resources of the wetlands, especially when better and less expensive alternatives have been swept under the carpet,” said Jackie Mitchell, a member of the Mayetta-based nation’s tribal council. “This cannot be allowed to happen.”

David Prager III, a tribal attorney, said a “diverse” coalition of trafficway opponents — including environmental groups, other tribes and concerned individuals — was assembling a case against the project and its chief federal regulator, the corps.

The corps, Prager said, has failed to give proper review to an alignment that would run south of the Wakarusa River.

The tribe hired an engineer to review options and came up with a route that would have shorter bridges — and therefore cost $17 million less — than another south-of-the-river alignment the corps considered and ultimately rejected, Prager said.

The corps estimated its version of the south-of-the-river route would cost $128.5 million to build. The tribe maintains its route would cost $111.9 million, or as little as $92.2 million if bridges were narrowed to two lanes.

The corps’ chosen route, through the wetlands, is estimated to cost $110.2 million.

“Why not do something that costs about the same, or costs less, and doesn’t damage the wetlands?” Prager asked.

Bob Smith, the trafficway project manager for the corps, said the corps did check out a variety of options for building a highway south of the river. The agency recently reviewed the tribe’s suggestions and determined that it actually would cost about $123.2 million.

Not that cost is the overriding factor.

Smith said that after taking all factors into consideration — including effects on the environment, cultural resources and driver safety — the 32nd Street alignment would best serve the overall public interest.

And that, he said, is the corps’ goal.

“We’re looking at more than just cost here, and that’s something that, based on my conversations with the tribe, it doesn’t appear that they’re looking at anything other than just cost,” Smith said. “Our view is more holistic. We’re looking at more than just costs.”