90 



Xaturally, the States are likely to take the contemplated 

 action only if inducements outweigh the obvious detriments to 

 their parochial interests. 

 *^^^^) The main inducement of the measures is the program for fed- 



eral planning grants. The qualifications for participation are 

 spelled out. The State must ask for one, by making a proposal. 

 404(b) The State can expect to get a grant covering two-thirds of the 



estimated full cost for three full fiscal years. After that, new 

 planning costs are split fifty-fifty, and federal money is author- 

 ized to be granted for a quarter of the operating costs. A key 

 *"*^'^) feature is that this planning grant money is additive. It is to 



increase, not replace, State funds presently available for State 

 land use planning ; and it may be added to and used jointly with 

 grants or other funds for land use planning or investigation 

 under other federally assisted programs. 



Once a planning grant has been made, the inducements to 

 stay with the program are found in the harshness of the 

 penalties prescribed for failure. First, the money can be cut off, 

 406(d) 406(c) after notice, if the State agency has failed to adhere to the 

 requirements of the law in the development of the Plan, or if the 

 State has not enacted appropriate legislation to allow the State 

 to acquire land, and restrict its use, and for an appellate pro- 

 cedure, as referred to above. 



More importantly, once a State's entitlement to statewide 

 land use planning funds have been terminated, or if an accept- 

 able plan is not submitted by the fourth year, the State becomes 

 *07 liable to have its entitlement to funds otherwise available under 



other Federal assistance programs, reduced at the rate of 20% 

 per year, as selected b.y the President. 

 407(2) Even more harshly, the State is likewise "to be denied the 



issuance of any right-of-way permit or other permits available 

 under the public land laws and other Federal laws to use or to 

 cross the public domain or other Federal lands within that 

 State, until the State gets in compliance." 

 See. 3 of The Federal instrumentality for effectuating this program 



^' ^^^^ is an augmented Water Resources Council, now to be known as 



the Land and Water Resources Planning Council. Seven cabinet 

 secretaries (of whom one is the Army service secretary), and 

 the Chairman of the Federal Power Commission, make up the 

 Council. The Council's chairman is presidentially designated. 

 Its administrative functions, under unchanged provisions of 

 the Water Resources Planning Act, are delegable by the Council 

 Sec. 5(a) of to one of its members, or to employees. $3,000,000 is authorized 



^" ^'^'^^ to be appropriated annually for administration. 



Comparatively little is said in S. 3354 as to how the Council 

 canies on its business, beyond the fact that it may make rules 

 402(b) aiid regulations. It is a stated purpose of the bill that the grant- 



in-aid program assist State government "to hire and train 

 personnel, and establish procedures to develop, implement and 

 4.02(c) administer the Plan." It is also a purpose to establish reasonable 



and flexible Federal requirements to give States guidance in 

 developing their Plans. 



The Council also is charged with maintaining a continuing 

 study of the adequacy of administrative and statutory means 

 for the coordination of federal programs related to land use. 

 Sec. 3(c) of and the compatibility of such programs with state and local 



S. 3354 land-use planning and mangement. It is given the duty of ap- 



praising the adequacy of existing and proposed federal policies 

 affecting land use, and to make recommendations to the Presi- 

 dent with respect to such policies and programs. 

 402 (d) and Finally, after the requirement for the making of a biennial re- 



Sec. 3(c) of port to Congress, it is a stated purpose of the bill 



S. 3354 "to develop, and define a coherent national land use policy 



402(e) with respect to the planning, and the management of all 



federally owned lands." 



