statewide plans, the new bill required only that states create, within five years of enactment, land use programs for the four areas of concern detailed in the Administration's bill: areas of critical environmental concern; areas impacted by key facilities; large scale developments; and large scale subdivisions. The state could exercise authority over these areas in one of two ways: either directly or through review of local government plans. The state, however, must possess the statutory authority to override local plans that were inconsistent with the state's land use plan for a designated area.102
With respect to the designation of areas within the state, the Secretary of the Interior was required to review the plan to determine that the state had not omitted any areas of critical environmental concern that were of national significance. Additionally, for the plan to be approved, the Secretary must find that the state was engaged in a good faith effort to implement the plan, that it had been approved by the Governor, was coordinated with plans of state agencies, federal agencies, local government, environmental programs including the Clean Air Act and the Clean Water Act, and that the state was participating in the HUD 701 planning program.103
The sanctions provision from the Administration's bill was included, whereby any state found ineligible for a grant, after five years, would have their funding for airport development, federal highways and land and water conservation reduced each year by 7% cumulatively, for a
(Id. at §303.
(Id. at §304.