areas and uses: areas of critical environmental concern,76 key facilities,77 land use or development of regional benefit78 and large scale development.79 Under the program, managed by the Secretary of the Interior, a state would be eligible for biannual grants, not exceeding 50% of the cost of the state's planning program.80 Twenty million dollars was initially allocated to cover a period of five years.
("Areas of critical environmental concern" are defined as "areas where uncontrolled development could result in irreversible damage to important historic, cultural, or aesthetic values, or natural systems or processes, which are of more than local significance; or life and safety as a result of natural hazards of more than local significance." These areas include coastal zones and estuaries, shorelands, flood plains of rivers, lakes and streams of state importance, rare or valuable ecosystems; scenic or historic areas; and any additional areas which a state determines to be of critical environmental concern. S.992, supra note 64, at §102(a).
(Key facilities are defined in the statute as "public facilities which tend to induce development and urbanization of more than local impact." These include airports, interstate highway interchanges, and major recreational land and facilities. Id. at §102(b).
(These include any development "for which there is a demonstrable need affecting the interests of constituents of more than one local government which outweighs the benefits of any applicable restrictive or exclusionary local regulations." Id. at §102(c). Such developments include power plants, low-income housing and other land uses often considered undesirable by a locality.
(Id. at § 104.
(Id. at §103(a). The Secretary of Housing and Urban Development was required to review and approve the state plans. at §105(a). Prior to the bills introduction, there was a jurisdictional battle waged over which department should administer the plan. As HUD was very involved in urban planning under the 701 program, then Secretary Romney believed that HUD would be the most appropriate agency to oversee any land use legislation. However, HUD had very little experience in nonurban planning and was seen as too "pro-development" to administer what was essentially an environmental bill. Whitaker, supra note 66, at 159. "[Interior Secretary Rogers C. B.] Morton, in a last minute power play, took the key role from HUD Secretary George W. Romney. The Council on Environmental Quality had drafted a bill giving Romney's department primacy. But, at a meeting between the two secretaries and CEQ Chairman Russell E. Train six days before delivery of the President's Feb. 8 environmental message to Congress, Morton insisted on a reversal of roles, and he prevailed." Richard Corrigan, Interior Department Finesses HUD in Scramble Over Land Use Program, National Journal Reports, March 20, 1971, at 597.