89 



transportation and utility corridors do not damage federal lands 406(b) (6) 

 dedicated to the maximization of declared public values. To the 

 ultimate benefit of the federal government as landlord, the 

 Plan must contain provisions for helping to preserve the in- 

 tegrity of parks, wilderness areas, and wildlife refuges, by such 

 measures as buffer zones, scenic easements, and prohibition 406(b)(7) 

 against nonconforming uses. 



Additional substantive requirements for State action related 

 to the implementation of the Plan are included in sections of the 

 bill fixing the eligibility standards to be met by a State, in order 

 to receive either initial or subsequent planning grants, and in 

 the section si)ecifying the sanctions which would be applied 

 for failing to follow through. For example, the single State 

 agency required to be designated by a Governor, must be given fop^^?/|? • 

 authority necessary to implement the Plan, which authority 406(c) (2)('a) 

 must include at least authority to acquire interest in real 

 property necessary to effectuate the purposes of the Plan, 

 and it must have delegated police power authority to place 

 restrictions on the type of land use activities which may take 406(c)(2)(B) 

 place in areas designated for a special use under the Plan. 

 Furthermore, the agency must have authority to conduct pub- 406(c)(2)(C) 

 lie hearings with full public participation, and a system of 

 judicial review for aggrieved parties, in connection with dedi- 

 cation of any area of the State as an area subject to restricted 

 or special use under the Plan. Finally, the Plan must be capa- 

 ble of being modified to meet changed conditions and require- 406(c)(3) 

 ments. 



The bill specifies what must be in a Statewide Plan ; it also 

 treats of how a State shall qualify for a "planning grant." It 

 isn't clear, however, that planning grant money is to be ap- 

 plied directly to the devising of a plan, because provision is 

 made for gathering information with the help of the planning t?\^-\^^^V ' 

 grant money. 400 (a) t^) 



To qualify for a planning grant, the single State agency must 

 show its competence to develop a Plan, in other words that it 

 has, or can have access to, "a competent and adequate inter- 

 disciplinary professional and technical staff." It must also show |*^fi^^| ^V> ' 

 that it will use available and pertinent State and Federal plans, " ta) ( ) 

 data, etc., to avoid duplication, and that it will keep records 

 and make reports. 



The Council apparently can be selective among the specified 

 list of information-gathering activities, and limit the States 403(b) 

 accordingly. The authorized purposes for the preliminary phases 

 include: 403(b)(1) 



An inventory of land and related resources. 



Compilation and analysis of data and information on popu- 

 lation, economic, and urban and rural growth ; public works, 

 capital improvement, land acquisition and economic develop- 

 ment programs; ecological, environmental, geological and phys- ^A^^^il"^ 

 ical data relevant to industrial, commercial, transportation, ' * 

 utility, and new town land uses ; projected requirements for 

 agriculture, recreation, urban growth, and commerce, transpor- 

 tation and energy uses, for at least the next fifty years. 



Marshalling of governmental and financial resources avail- 403(b)(2)(G) 

 able for land use planning and management within the State 

 and its subdivisions. 



Puniishing of technical information and training, develop- lo'l'l'l 'jI •' 

 ment of data bases, and information exchange programs. 403 (b) (5) ' 



The Statewide I^and Use Plan which emerges from the pro- 

 visions ()f this bill is clearly required to conform to federal 

 guidelines, and to carry out its terms the States must secure 

 the cooperation of their people and their legislatures for far- 

 reaching changes in their own system of land use decision- 

 making. The States complying with the prescription of this bill 

 would be assuming responsibilities broader than those tradi- 

 tionally defined as related to their own interests, in favor of 

 regional and naticmal interests. 



