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<br />.' <br /> <br />, ~ <br />~09S33 <br /> <br />. <br /> <br />. <br /> <br />contract will then have to be approved at an election of persons <br /> <br />holding property in the district. Construction on the project <br />could start in federal FY 82 if Congress would appropriate <br />funds. <br /> <br />with respect to the San Miguel and West Divide projects, <br /> <br />both have been found to have BIC ratios of about 0.8. Bill <br /> <br />McDonald has reviewed these findings and agrees with them, <br />given the Principles and Standards under which federal projects <br /> <br />must now be formulated. The Department of the Interior, over <br /> <br />Keith Higginson's signature, informed Congress and the Colorado <br /> <br />Congressional delegation of this fact in mid-January, indicating <br /> <br />that planning would be terminated and concluding reports <br />written. Mr. Higginson's letter did not request that these two <br />projects be de-authorized. <br />To compound the problem, the Associate Solicitor for <br /> <br />Energy and Resources, Department of the Interior, issued a <br /> <br />memorandum in June, 1980, which concluded that: <br /> <br />Nothing in the authorizing act, its legislative <br />history, or the Regional Solicitor's analysis thereof, <br />can properly be read to mean that Congress in 1968 <br />directed construction regardless of new findings <br />of economic feasibility. <br /> <br />All of thewarticipatin~projects were authorized by <br />Congress on the assumption that they were economically <br />feasible, and Congress' 1968 directive regarding <br />timing of construction...did not seek to short-circuit <br />the ordinary appropriations process, and in fact reflected <br />that the actual construction schedule...was based on <br />continuing"support of the Executive Branch and appropria- <br />tions of moneys by the Congress" tquoting from the <br />conference report on the 1968 ac~ in the future. <br /> <br />In anticipation of the difficulties which have been en- <br /> <br />countered, and'in light of the potential for energy development <br /> <br />in western Colorado, Senator Hart requested Secretary Andrus, <br /> <br />in the spring of 1980, to examine the opportunities for <br /> <br />-3- <br />