105 



Senator Stevens. Thank you, Mr. Cliairman. 



Mr. Train. Excuse me. May I just amplify one element of that? I 

 thmk it might be clarifying. It is not intended that HUD be involved 

 in a project-by-project kind of examination, highway exchange by 

 highway exchange and so forth. Wliat HUD would be involved m 

 examining and appro\4ng would be the overall State process which 

 is presented as part of its program. . , • -, 



So I do not think that you would find a difficult split-authority kmd 

 ■of situation arising. 



Excuse me. ^ j. .1 



Senator Stevens. To return to Senator Spong's comment about the 

 FPC, would you interpret the grant of a license by a Federal agency 

 or the approval of a right-of-way as tantamount to Federal action 

 coming within the provision of section 106(a) of S. 992? It is on 

 page 11. "Federal projects and activities significantly affecting land 

 use should be consistent with State land use programs." 



Mr. Train. I certainly would assume that that would be included 

 there. 



Senator Stevens. There is no definition 



Mr. Train. Either the granting of a right-of-way — it says "a Fed- 

 eral project activity significantly affecting land use." 



Senator Stevens. As I understand it in that context, the FPC proj- 

 ect is not a Federal project; it is a private project. I wonder if we 

 should have a more clearly defined coverage of what is a Federal 

 project and activity. I assume you mean "Federal projects and Fed- 

 eral activities significantly affecting land use." But I would hope that 

 it would be defined. 



Mr. Train. As you know. Senator, we have had a similar question 

 of construction under the National Environmental Policy Act as to 

 what are Federal actions significantly affecting the environment. And 

 we have held these to include licensing activities of the Federal Gov- 

 ernment and have required environmental impact statements to be 

 filed by the FPC and the AEC and the corps, even though the project 

 itself is a nongovernmental project. 



But the fact of the licensing, in our view, is a Federal action which 

 can have a significance in terms of environmental impact, and I would 

 certainly assume that under this legislation such Federal actions could 

 be construed and determined to affect land use. So I would assume 

 that they would be covered ; and I would think that a Federal grant 

 of a right-of-way is also a Federal action affecting land use, I think, 

 quite clearly, even though the grant of the right-of-way is to a private 

 entity. 



Now I would also point out that tliis legislation does not cover the 

 public domain, so that we are not talking here about a right-of-way 

 granted across public lands. 



Senator Stevens. You specifically would exclude the concept of 

 any roads or highways or pipeline permits dealing with Federal public 

 lands, in terms of the scope of this definition of "Federal activity" ? 



Mr. Train. Yes; certainly. As far as this legislation is concerned, 

 our concern is to insure that where there is not wha.t we would consider 

 effective control ov^er certain land use decisions which significantly 

 affect the environment, that the control authority be created. 



