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<br />there are no funds available. <br /> <br />MR. STAPLETON: Can I ask a question there? What does it take to re- <br />start? In other words, I know it takes money and approval. But do we <br />have to regear again, or do we start from where we left off, or do we <br />back up and start again, or what is the problem? <br /> <br />MR. RINCKEL: The project has not been reauthorized again. <br /> <br />I <br /> <br />Mr. Crandall, would you respond to that? <br /> <br />MR. STAPLETON: I am just wondering if we could get some approval next <br />year? Have we not only lost this year, but have we lost in terms of <br />design or anything else? <br /> <br />MR. CRANDALL: Mr. Chairman, we are presently putting all the material <br />information that has been developed over the years on these projects in <br />a form that it can be retrieved and started from there. The reports are <br />being wrapped up, and all that work is being preserved. My own observa- <br />tion is that until the projects can be reauthorized, they are still in <br />an authorized status and need the budgetary action of the' administration <br />and approval to start them. So that is about where we are now. <br /> <br />MR. SPARKS: Mr. Chairman, and members of the board, I might add on that <br />point that under the 1975 Budget Act, which Congress enacted as a result <br />of what it considered abuses of executive power during the Nixon Admin- <br />istration, the President no longer has the authority to arbitrarily <br />withhold money for projects. He has two remedies under the 1975 Act. <br />He can either request a deferral of a project, which does not require a <br />positive action by Congress; that is, the President sends a message to <br />Congress and requests that funds be withheld for a particular project, <br />and congress has a certain time to respond. Lacking a response from the <br />Congress for a deferral, the deferral becomes automatically in effect. <br /> <br />The other remedy that the President has is a rescission action, which <br />means a deauthorization. He can send a message to Congress requesting <br />that certain projects be deauthorized. Congress must respond specifi- <br />cally to this rescission; that is, it must act affirmatively or nega- <br />tively within a certain time period. I think it is about 90 days. It <br />takes a specific action by Congress to deauthorize a project. <br /> <br />I <br /> <br />As yet, the President has not sent such a message to deauthorize either <br />the Fruitland Mesa or the Savery-pot Hook Projects. We are certain, <br />however, that he 'intends to send such a message to 'Congress. That will <br />require then a Congressional Act to deauthorize the project. And at <br />that time, we have to gird ourselves for the battle to prevent that <br />deauthorization. We know that he intends to request a deauthorization <br />for the Savery-Pot Hook and Fruitland Mesa Projects. <br /> <br />-4- <br />