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<br />Bureau comments on <br />draft report <br /> <br />Comments of the Bureau and the DOE on the major recommendation above <br /> <br />are included in exhibits IV and V, respectively. These comments pre- <br /> <br />ceded the June 6, 1978 statement of the President on water policy ini- <br /> <br />tiatives being sent to the Congress, referred to on page 19. The <br /> <br />Corps' diG!' not review the draft report. <br /> <br />Both the Bureau and DOE have taken the position that implementation of <br /> <br />these recommendations is beyond the agencies' authority to act on <br /> <br />administratively. The Bureau believes that deviations from the repay- <br /> <br />ment policies in 730 DM 4 (current use concept) in the case of Pick- <br /> <br />Sloan, were authorized by statute and cannot be changed without legis- <br /> <br />1ation, based upon: (1) an interpretation of Congressional intent in <br /> <br />approving the Garrison Diversion Unit by a former Assistant Solicitor <br /> <br />(exhibit II), and {2}- a.March 21~1973 memorand~ from the Field Solicitor <br /> <br />on the subject of increasing cost allocations to the power function <br /> <br />during periods in which irrigation development is delayed in the Pick- <br /> <br />Sloan program. We believe certain details of the former may be debat- <br /> <br />able, and do not believe the latter presents insurmountable difficul- <br /> <br />ties. The Assistant Secretary--Land and Water Resources should ask the <br /> <br />Solicitor to review these memoranda, and the necessary background, to <br /> <br />ascertain what legal impediments in fact must be resolved to undertake <br /> <br />the action we recommend, i.e.: the analyses under the business-like cur- <br /> <br />rent development approach recommended herein, or such other assumptions <br /> <br />considered appropriate under current water resource development and <br /> <br />repayment concepts, to assist the Department and the Congress in future <br /> <br />decisions concerning Pick-Sloan. <br /> <br />22 <br /> <br />