171 



H.R. 4332. It would accordinsly be inappropriate for the Department of Com- 

 merce to be designated to administer coastal zone legislation. 



"2. x\nd, second, would it not be more logical to enact II. R. 9229 dealing with 

 coastal zones now, and then to merge it into a national land-use policy if other 

 legislation is later enacted?" 



As I indicated in my testimony before the Subcommittee, this is a very diffi- 

 cult question and the answer is not perfectly clear. It is my feeling, however, 

 that right now there is a great amount of momentum for establishing intelligent 

 systems of land management. I\Iuch of the momentum is focused on the coastal 

 zone problems. If a coastal zone management bill were to be passed, some of 

 those laboring for achievement of regulation of land use might feel that the 

 job was done and they could relax; whereas, if the effort can be kept up for a 

 while longer, it is quite probable that a broader program can l)e realized. There 

 is an opportunity to press on a little farther until v.-e come to a complete land 

 management package. I believe that it is preferable at this time to work for 

 enactment of such broad legislation rather than proceed on an interim basis 

 to establish programs which would have to be substantially changed when inte- 

 grated into a more comprehensive program. 



I thank you and your Subcommittee for the opportunity to testify on the 

 vital issue of coastal zones management. 

 Sincerely yours, 



John R. Quarles, Jr., 

 Assistant Administrator f07' Enforcement and General Counsel. 



Mr. Lenxon. My. dii Pont. 



Mr. DU Pont. Thank you, Mr. Chairman. 



iSlr. Quarles, the first question I liave is this : 



If we are going to have some kind of land-use regulation, what legal 

 handle is there for the Federal Government to apply such standards? 



In other words, if we are dealing with navigable waters, you have 

 a handle under the Constitution. 



If you are dealing with interstate commerce, you have a handle. 



But what handle exists for regulating a piece of land ? 



]Mr. Quarles. I imagine that, while all sorts of legal grounds might 

 exist for some situations or other situations, there are still others. 

 And there might be some situations that would not be covered by 

 any one of the legal handles. 



I don't kno^v that. I have not given careful thought to that in ad- 

 vance of your asking the question. 



I believe that the approaches proposed by the President's bill of a 

 year ago and the bills that are now pending before the committee 

 would, in general, be justified simply on the basis of the Federal 

 Government providing grants to States for establishment by the 

 States of proposals, and subjecting those grants to approval based 

 on certain conditions being satisfied. 



Mr. DU Pont. AVell, I think that is very clear, and there is no 

 problem there. But you speak in your statement of it is time that we 

 had a national land-use policy. 



Mr. Quarles. Yes. 



Mr. DU Pont. And if by that you mean that somehow the Federal 

 Government is going to set and enforce some kind of land-vise stand- 

 ards, I think there are very difficult constitutional problems. 



Mr. Quarles. What I mean by that is the type of proposal that is 

 contained in the President's bill H.K. 4332. 



Mr. DU Pont. Well, getting somewhat more specific, you may be 

 aware that the State of Delaware has recently enacted some very far- 

 reaching legislation which, in effect, sets a land-use policy for the 

 coastal zone in Delaware. 



