172 



Now, that legislation says that no heavy industry, steel mills, oil re- 

 fineries, paper pulpmills, et cetera, can locate in Del ware within the 

 coastal zone without legislative approval. 



Mr. QuARLES. Yes. 



Mr. DTJ PoxT. Now, assuming a hypothetical case that the legis- 

 ture did approve such an installation, would you foresee any Federal 

 statute that would somehow attempt to override that decision ? 



Mr. QuARLES. I would not at this time foresee any new Federal stat- 

 ute to override that. 



The approval of a major industrial facility would have to come not 

 only from the approval by a State legislature, but also it would require 

 a satisfaction of other applicable requirements such as the satisfac- 

 tion of the existing Federal-State water quality standards. 



Mr. Du PoxT. Certainly, but assuming that those were met, you 

 would not foresee a Federal override statute that would try to over- 

 ride a decision by a State legislature, assuming that existing environ- 

 mental laws were met ? 



Mr. QuARLES. I think that is correct. I think that the Delaware stat- 

 ute represents a tremendous stop forward. There may be some aspects 

 of it or some situations in which that approach will work out dis- 

 advantageously, but it represents a State coming to grips with the 

 problem and taking bold action. Clearly, it is necessary for the States 

 to do that. 



Now, if the proposals were approved in H.R. 9229, or some other sim- 

 ilar system, or H.R. 4332, a general statewide plan would have to be 

 approved. 



After that plan were approved, I don't know that it would be appro- 

 priate for even a State legislature to have the authority to create 

 individual exceptions to that plan. 



There might be some required mechanism for providing further 

 assurance that that would not be inconsistent with the overall outlines 

 of the plan as approved by the Federal Govermnent, and as serving 

 as the basis for Federal grants. 



Mr. DU Pont. Well, I think it is going to be. and, as long as we are 

 talking just about Federal grants, we are on safe ground, and there 

 is no problem. 



But, if we get into c|uestions of overriding State legislatures on land 

 use within a State, we are going to have to think about that carefully, 

 or we are going to find ourselves on constitutional 



Mr. QuARLES. It is perfectly clear to me, as a matter not only of legal 

 foundation, but also policy considerations, that it is not desirable for 

 the Federal Government to try to get into the business of dictating 

 land-management schemes on an acre-by-acre basis throughout the 

 entire United States. 



"Wliat is necessary is to get the State governments into the business 

 of doing this far more intensiveh^ and far more effectively than they 

 have heretofore done. 



The problems have been left to the local level, and that is a level 

 at which failure results, because the local communities are subject 

 to their own tax needs which place tremendous incentives toward per- 

 mitting development. Also, frequently the local communities may not 

 have the strength of political power to withstand the pressures from 

 an individual applicant. So that there are many factors that come to 



