eresenipisRar nm angles edi Maman “Honorable Peter R. Taft ° seats oe, -3-+ 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 ' f 4 j ' 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. pels Sincerely, Guy H. Cunnifgham, III Assistant General Counsel Litigation and Legislation Enclosure: As stated ec: As shown on page 4