103 



a hypothetical case at the moment, but I would be absolutely certain 

 that under this legislation the Federal Power Commission would be 

 prohibited from undertaking an act within a State inconsistent with 

 the overall land use program which had beeen developed by the State 

 and approved by the Federal Government. 



I might also note that the approval — or in the consideration and 

 approval of a State land use program, the Secretary of the Interior is 

 required to consult with all other Federal agencies having some partic- 

 ular interest in the subject matter. 



I think it would be very likely that the Federal Power Commission 

 would be one of the agencies with whom the Secretary would wish to 

 consult at the outset. 



Senator Spong. This is my final question. Do I understand correctly 

 that a State or local land use plan involving a wetlands area would 

 supersede the authority of the Corps of Engineers to issue a permit 

 sought b}^ a private landowner to dredge and fill a wetlands area ? 



Mr. Train. A Federal agency such as the Corps would not be per- 

 mitted under this legislation to undertake any act, including the grant- 

 ing of a license or permit, which is inconsistent with an approved State 

 plan. So if an approved State plan either prohibited some form of 

 development or dredge-and-fill in a wetland area which the Corps 

 sought to grant, it is my understanding that mider this legislation the 

 Corps would be prohibited from moving ahead. 



Senator Spong. Thank you very much. 



Mr. Train. The State might also require certain procedures to be 

 followed. And here again, aside from the question of black-and-white 

 prohibition, the corps would be required to conform, I would think, to 

 those procedures. 



Senator Rollings. But, Mr. Train, there is an exception I believe 

 in your answer to Senator Spong. Under section 106 there is a pro- 

 viso: "except in cases of overriding national interest." Who deter- 

 mines that? 



Mr. Train. I believe the particular reference here requires that the 

 President 



Senator Rollings. Of course, the Secretary of the Interior and the 

 Department of the Interior, as I understand, are solely responsible for 

 the administration of this legislation. 



Mr. Train. I'm sorry. 



Senator Hollings. I am on page 11, section 106, that third line 

 there, "Federal projects and activities significantly affecting land use 

 shall be consistent with State land use programs under section 104," 

 exactly the answer you gave to Senator Spong. But they have got the 

 exception : "except in cases of overriding national interest." Does the 

 Secretary of Interior decide that ? 



Mr. Train. It could be a combination, Mr. Chairman, of the Sec- 

 retary or the President, as you will note elsewhere in this legislation. 



Senator PIollings. What do you recommend? Do you have a par- 

 ticular feeling that perhaps it should be fixed, or what? 



Mr. Train. The legislation authorizes the President to designate 

 an agency or agencies to issue guidelines for carrying the provisions 

 of this act. Now I would suppose that this would be one of the sub- 

 jects to which those guidelines would be addressed. 



65-319— 7( 



