104 



Senator Spong. Is not the President given this authority in the 

 clear air legislation that we just enacted? 



Mr. Train. I believe that is true. 



Senator Spong. I tliink so. I would think some consistency might 

 be advisable here. 



Senator Hollings. Then pursuing what you were stating a moment 

 ago about the responsibility of the Secretary of Interior, addressing 

 my question now to section 105 which provides that the Department of 

 Housing and Urban Development must be satisfied with those aspects 

 of the State's land use program dealing with a large-scale develop- 

 ment, key facilities, development and land use of regional benefit and 

 the siting of new communities, but of course, not as it pertains to 

 coastal zones. Does that not mean that HUD has effective control of 

 -everything except coastal zone management under S. 992? 



Mr. Train. No ; because a lot more than coastal zones are comprised 

 in the definition of areas of critical environmental concern. 



These do include, most importantly, the coastal zones, but also 

 shorelines and other related areas; rare and valuable ecos^^stems, 

 scenic or historic areas and such additional areas of similar valuable 

 or hazardous characteristics which a State determines to be of critical 

 environmental concern. So that these could in fact embrace a very 

 divei-se selection of areas within a State beyond the coastal zone. 



But I certainly agree that the coastal zone clearly is included and 

 very likely would i^rove out to be the single most significant element 

 in these areas. 



Senator Hollings. Mr. Train, with emphasis on authority, rather 

 than on areas, as between the Department of Interior and the Depart- 

 ment of Housing and Urban Development, where do you find the 

 authority exactly? Is it not true that under section 105 the Depart- 

 ment of Housing and Urban Development must be "satisfied," as is 

 contained in the language there ? 



Mr. Train. That is true. 



Senator Hollings. But it just does not have the last say? It has an 

 interim say, but it does not have the last say ? 



Mr. Train. The overall responsibility for this program is fixed in 

 the Secretary of the Interior. However, with respect to those aspects 

 of a State-proposed program that involves large scale development, 

 key facilities, development and land use of regional benefit and the 

 siting of new communities, these elements being peculiarly within 

 the expertise of the Department of Housing and Urban Development, 

 that Department must approve those particular elements of the plan 

 to the Secretary of the Interior and I suppose there would be a proc- 

 ess of certification or something of that sort worked out. 



However, where one of these key facilities or other items is found 

 in an area of critical environmental concem, HUD would not be in a 

 position to approve a development which would be inconsistent with 

 the policy of the Secretary of the Interior with respect to that par- 

 ticular area. 



Senator Hollings. HUD could approve, but the Secretary of In- 

 terior could still disapprove ? 

 Mr. Train. That is right. 



Senator Hollings. Senator Stevens? 



