51 



Tliat is practically impossible to legislate against, as I think the 

 Congressman is aware of. 



Now, there is a rule of de minimus and there has to be a certain 

 amount of administrative judgment embodied in carrying out such a 

 program. 



Mr. Snyder. I am not so sure that it is impossible to legislate against 

 these kind of problems. 



Quite frankly, just off the top of my head, I think it might be rather 

 easy if the bill were so drafted as to give the Secretary and the Fed- 

 eral Government the right of approval as to what it does in the original 

 analysis of a comprehensive plan within categories of use, leaving 

 thereafter the decision to a local authority so that they could change 

 this plan provided they kept it within the same category. Category 

 might not be the right word to use here, but I am thinking now of leav- 

 ing to the local authority the right to change the use within the resi- 

 dential category. In our local community which wouldn't be involved 

 in this, unless you are going up the Ohio River pretty far, there are 

 probably half a dozen classifications within the residential; a half 

 dozen classifications within the commercial category; three or four 

 classifications within industrial. 



Now, it seems to me that we could legislate so once the plan were 

 approved as to general use, and so long as the State or local authority 

 did not go outside of that general use, but kept within that category, 

 that they could retain that prerogative, which I think, would be pretty 

 much in keeping with the concept that you want to establish. 



I just make those observations. I have a little trouble understanding 

 subparagraph ff, hh, and jj, and their interworking relationships to 

 each other, but I would say to you that I approve very much of the 

 approach you are attempting to make. 



Mr. Train. I think if there is a problem of this sort under the bill 

 we would be happy to work with the committee to try and resolve 

 that. 



Mr. Sntt>er. It seems to me, as I read it, that there could be. I don't 

 know that it would necessarily develop. 



Mr. Train. I don't think we have any particular expectations that 

 States will be coming forward with detailed zoning classifications for 

 every acre along their shoreline that would be approved by the 

 Federal Government. I don't think it's intended but I think it 'could 

 happen under the bill. 



Mr. Train. If the State submitted that to us and said this is the way 

 we are zoning it; this was what they asked for; we approved the plan 

 on that basis, we might get into that kind of operation. But this would 

 be only because the States took that kind of initiative. 



Mr. Snyder. But you don't want to. It is an insurmountable task. 



Mr. Train. We certainly do not. 



Mr. Snyder. Thank you very much. 



Mr. Hov/ard. In answer to Congressman McEwen, you stated in 

 some rivers, such as the St. Lawrence Eiver, that you permit the State 

 to determine what areas would be covered under the bill. 



Well, suppose other States might want to go all the way up the 

 Delav/ai-e or the Potomac or the Ohio or some other river, far beyond 

 what the intent of this bill was, what would be the practical use under 

 this bin for it? How would you handle that if the State determines 

 they wisli this base ? 



