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to S. 992.84  The focus of these changes was to add a provision for sanctions  to the administration's bill.  Within three years after enactment, if a state was found ineligible for a management grant under the act,85 federal funds for airport development, highways, and land and water conservation funds would be withheld at a rate of 7% the first year of ineligibility, 14% the second and 21% in the third.86   Any funds withheld were made available to states found eligible for assistance under the act.87

The Debate

The fundamental differences between the two bills were detailed in the Washington Post at the end of 1971.  On November 17, 1971, an editorial focusing on the need for national land use legislation specifically supported Jackson's bill, as it required states to engage in comprehensive

    (Technically, the amendments were not made to S. 992, but rather to provisions of other federal statutes, specifically, §15 of the Airport and Airway Development Act, P.L. 91-258, §104 of title 23 of the United States Code, the Federal Aid Highways Fund, and Subsection 5(b) of the Land and Water Conservation Act of 1965, P.L. 88-578.  These federal statutes contained various funding programs which funding was, under the amendment to S. 992, now subject to compliance with the national land use program.  Amendment No. 996. to S. 992, 92d Congress, 1st Sess., (March 6, 1972) (hereinafter S. 992 Amendments).

    (A state could be found ineligible if its plan was not approved by the Secretary of the Interior, if it failed to adequately implement the plan, or otherwise failed to follow the requirements of the legislation.

    (S. 992 Amendments, supra note 84. It is not clear what would occur if a state failed to participate in the national land use planning process.  If a state never submitted an application for a grant, it could hardly be considered "ineligible" under the program.  The sanctions, however, were imposed only on those states found "ineligible" to receive a grant.  Nonetheless, it appears, considering the intent of the legislation, that sanctions would be imposed.



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