249 



when there's only one decision maker, not three. However, the authorities of the three 

 agencies have been long established, and challenged sufficiently in the Courts, that 

 accountability is reasonably well defined. FORUM 4 also has multiple decision makers, 

 and conceivably there could be legal challenges to the ESA agencies working in a 

 cooperative manner with the SOR agencies. FORUMS 5, 6, and 7 could lead to a period 

 of time during which their legal accountability is tested in the Courts. 



5.2.6 Criterion: Cost To Implement - To Get In Place 



FORUM 1 is essentially the existing situation, with enhanced public involvement, so 

 there are few costs to put it in place. FORUMS 2 and 3 would also be within the power 

 of the agencies to implement, although these alternatives would conceivably require 

 getting Secretarial and OMB approval under the Federal Advisory Committee Act. 

 Executive Order 12838, issued February 10, 1993, sharply restricts the ability to get this 

 approval. As a result, FORUMS 2 and 3 might require Congressional authorization. 

 FORUM 4 would not require either Congressional approval or Federal Advisory 

 Committee Act approval (although the task force desaibed in the illustration example 

 might require approval). FORUMS 5 through 7 would require Congressional 

 authorization. Congressional authorization is not only a time-consuming and expensive 

 process, but the resulting legislation could include provisions that would be 

 unacceptable to the Region. 



Final Draft - September 15, 1993 80 



