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“Honorable Peter R. Taft

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February 2, 1976

The details of the survey, and its merit have been thoroughly discussed
at staff levels between all three agencies both before and after the

initiation of the instant lawsuit.

ERDA has provided extensive briefings

for the Assistant Secretary of Defense (Health & Environment), to the
Department of the Interior, Office of Trust Territories, to staff
members of the Office of Management and Budget, and to the Chairman of
the Council on Environmental Quality. Since neither ERDA, the Department of the Interior, nor the Department of Defense, are in a position
to commit the necessary rescurces for such a survey, there is a need for
higher-level resolution of agency funding responsibilities.
Several methods of informally triggering this resolution have been
explored, without success, since the preliminary conference with Judge
King on November 1, 1975. Just as the agencies are unable to agree on

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where the funding responsibility lies, they are unable to agree on a
joint presentation to the Office of Management and Budget. ERDA's
reluctance to go to the Office of Management and Budget stems from a

feeling that the matter will be regarded as an interagency squabble and
referred back for resolution by the agencies. This is reinforced by

the knowledge that cognizant Office of Management and Budget examiners
have been fully briefed on this issue, but have initiated no action
which would lead to a resolution.

While ERDA is unwilling to go directly to the Office of Management and

Budget--even if it means defending this suit on the merits in lieu of
settlement--we would welcome a definitive resolution of the funding
situation. Accordingly, we suggest that it might be appropriate for
the Department of Justice to seek an Office of Management and Budget
determination of this matter, emphasizing that the Department's efforts
to secure unanimity among its client agencies has been unsuccessful,

and pointing out that there is a strong Government interest in settling
this lawsuit.

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Sincerely,

Guy H. Cunnifgham, III
Assistant General Counsel

Litigation and Legislation

Enclosure:
As stated

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As shown on page 4

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