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where development should be encouraged.17  Under S. 3354, the state was to assume management over any lands that, in its discretion, were of regional, statewide or national significance including, for example, undeveloped ocean beaches, major rivers and lakes, transportation and utility corridors and areas compatible for siting of heavy industries such as power plants and refineries.18  Where applicable, the state plan must also be consistent with any land use plans for nearby federal land, for example, national parks and wildlife refuges, so that incompatible uses on non-federal land could not damage or degrade the national resource.19  

S. 3354 also required the Governor to designate, or create, an appropriate agency  to administer the planning program at the state level.20  That agency must meet certain federal requirements including possessing statutory authority to acquire real property if necessary, to place restrictions on land use activities in areas designated for special use by the plan, to conduct public hearings with full public participation, and to have procedures to modify and change the state plan

    ( Id. at §406(b)(3) provides that the plans must identify those areas of the state

(A) where ecological, environmental, geological and physical conditions dictate that certain types of land use activities are incompatible and undesirable,

(B) whose highest and best use, based upon projected State and National needs, on the Statewide Outdoor Recreation Plan required under the Land and Water Conservation Fund Act, and upon other studies, is recreational oriented use,

(C) which are best suited for natural resource, heavy industrial and commercial development,

(D) where transportation and utility corridors are or should, in the future, be located, and

(E) which furnish the amenities and the basic essentials to the development of new towns and the revitalization of existing communities.

    ( CR, supra note 1, at 1760.

    (Senate Bill 3354, supra note 7, §406(b)(7).

    (Id. at §403(a).


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