planned facilities are shown on Figure 9 of 

 Chapter 4. 



The AEC now licenses nuclear plants from the 

 standpoint of radioactive safety only. Many activi- 

 ties concerned with the effects of water diversion 

 and thermal addition believe that these aspects 

 should also be included. 



Nuclear power and desalinization plants are 

 envisioned on the Continental Shelf underwater. 



XXIV. FEDERAL POWER COMMISSION (FPC) 



The FPC is an independent agency created by 

 the Federal Water Power Act of June 10, 1920 (41 

 Stat. 1063, 16 U.S.C. 791-823), to investigate 

 water and power development of U.S. rivers and to 

 issue hcenses for non-Federal development there- 

 of. Additional responsibilities have been assigned 

 under other legislation and by Executive Order. 



The FPC issues licenses for constructing and 

 operating non-Federal hydroelectric power 

 projects on U.S. pubUc lands or navigable waters. 

 The Commission reviews proposed dams to be 

 constructed by the Department of the Army, the 

 Department of the Interior, or other Federal 

 agencies and makes recommendations concerning 

 the installation of facilities for hydroelectric 

 power development. It assesses headwater benefit 

 charges against owners of non-Federal water power 

 projects directly benefited by upstream improve- 

 ments constructed by the United States, its 

 licensees or permittees. 



Under provisions of the Fish and Wildlife 

 Coordination Act, the FPC must consult with the 

 Fish and Wildlife Service on effects on wildlife of 

 any proposed water diversion. 



XXV. STATE ACTIVITY 



Extensive planning programs for coastal con- 

 servation and management are under way in many 

 States, notably California, Oregon, Maryland, 

 North Carolina, and Florida. The California pro- 

 gram involves San Francisco Bay and includes 

 interim permit controls over dredging and filling 

 during the planning period; its 23 research and 

 planning studies are budgeted at nearly one- 

 quarter million dollars a year for several years.^ * 



See Appendix D. 



A common denominator of regulation in most 

 States is participation in Corps of Engineers 

 navigation permit proceedings, general water pollu- 

 tion control laws, fish and game regulations, and 

 some controls exercised in conjunction with dis- 

 posal or lease of State-owned underwater lands. 



Legislative controls beyond these routine 

 features include: 



—Permit requirements for dredging, filling, and 

 other alterations in coastal wetlands (Massachu- 

 setts, Maine, New Hampshire, North Carolina, and 

 Rhode Island). These laws usually go beyond the 

 Corps of Engineers permits and State lands con- 

 trols, in that the wetlands permits apply to 

 privately owned uplands, not merely to State- 

 owned lands and lands under navigable waters. In 

 Massachusetts, the wetlands controls are accom- 

 panied by power to condemn lands if a "taking" is 

 involved. In addition to its permit law, Massa- 

 chusetts has enacted a related statute that permits 

 a "rule-making" approach, authorizing adoption of 

 regulations to control wetlands alteration on a 

 regional basis. 



— EstabUshment of bulkhead lines to control leas- 

 ing (Texas) or dredging and filling (Florida). 



—As previously noted, interim permit controls 

 over dredging and filling of coastal marshlands 

 have been adopted by a regional agency in 

 CaUfornia, to forestall development during the 

 planning period of the agency's program. 



—Some effort has been made to use local zoning 

 machinery for coastal marshland preservation. As 

 indicated elsewhere in this report though, these 

 efforts have encountered serious legal obstacles in 

 more than one State. Delaware has reflected on its 

 Comprehensive Plan Map some coastal wetlands 

 for conservation purposes, but the plan has not 

 "been implemented by zoning. 



North Carolina, Connecticut, and New York 

 have the legislative authority to condemn estuaruie 

 lands. Most State programs, however, must rely on 

 voluntary acquisition. 



While acquisition for estuarine conservation has 

 been conducted only on a Umited scale in most 

 coastal States, extensive programs involving 

 thousands of acres are under way or being planned 

 in several States. 



III-105 



