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<br /> <br /> <br /> <br /> <br /> allows the executive agency to be the driving force instead. Although <br /> the council may need to spend more time and effort to develop its own <br /> approach, whether it is by an IRMP or other device or mechanism, the <br /> council should decide as a matter of policy whether in cases like this <br /> <br /> one the council should relinquish its power to the executive agency. <br /> <br /> To put it another way, if the council takes the lead and defines <br /> the extent of cultural resources in the area and the requisite <br /> protective/mitigative measures by legislation, would that satisfy the <br /> statutory and constitutional demands? Would the executive agencies <br /> <br /> then work within those limits, refining certain points and assuring <br /> proper protective/mitigative measures are implemented?3 <br /> <br /> Closing <br /> <br /> I appreciate your concern in this matter and remain open to <br /> <br /> further inquiry. Until then, I remain with warmest personal regards, <br /> <br /> Ve tru ours, <br /> <br /> <br /> Michael J. Matsukawa <br /> <br /> <br /> <br /> ENC: Briefs <br /> <br /> c: Aaron Chung <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 3 This point is highlighted by Mr. Tsukazaki's plaintive comments to the <br /> effect that the agencies and intervenors have not stepped forward to create <br /> solutions. However, as individuals, the intervenors have no power to establish <br /> the de jure rules demanded or legislate corrective procedures. Could the <br /> council provide the necessary certainty in this case by advancing a legislative <br /> solution which, instead of being dependent on continued agency administration <br /> (and the attendant uncertainties and prolonged conflicts), would be the guiding <br /> force. <br /> <br /> <br /> 5 <br />