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To retain eligibility for federal land use planning grants, a state was required to develop its land use plan within three years after the enactment of the bill.27  The Land and Water Resource Council was charged with periodic review of the plan to insure conformance with the provisions of the National Land Use Policy Act.28  Funding was subject to withdrawal if the Council found the provisions of the plan failed to conform to the legislative requirements, if the state failed to implement the plan, or if the state agency designated to administer the program did not meet federal requirements.29  Prior to termination of funding, however, the state would be given notice and an opportunity to present relevant evidence.30

If a state failed to adopt an acceptable land use plan within four years, its entitlement to other federal programs, such as highway construction trust funds and other public work programs, would be reduced at 20% per year until the state had complied with the act.31  Additionally, the state would be denied the issuance of any right of way permits to use or cross federal lands until it had complied with the provisions of the act.32

Jackson saw this bill as providing a framework within which local, state and federal

    (Id. at §406(b)

    (Id. at §405(b)(5).

    (Id. at §406(d).  The agency must have the authority to implement the state plan within four years of the date of the enactment of the act.  CR, supra note 1, at 1760.

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

    (Id. at §407(1).

    (Id. at §407(2).


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