16 USC 1451

-CITE-

16 USC Sec. 1451 01/05/99

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1451. Congressional findings

-STATUTE-

The Congress finds that -

(a) There is a national interest in the effective management,

beneficial use, protection, and development of the coastal zone.

(b) The coastal zone is rich in a variety of natural, commercial,

recreational, ecological, industrial, and esthetic resources of

immediate and potential value to the present and future well-being

of the Nation.

waters of our coastal zone occasioned by population growth and

economic development, including requirements for industry,

commerce, residential development, recreation, extraction of

mineral resources and fossil fuels, transportation and navigation,

waste disposal, and harvesting of fish, shellfish, and other living

marine resources, have resulted in the loss of living marine

resources, wildlife, nutrient-rich areas, permanent and adverse

changes to ecological systems, decreasing open space for public

use, and shoreline erosion.

(d) The habitat areas of the coastal zone, and the fish,

shellfish, other living marine resources, and wildlife therein, are

ecologically fragile and consequently extremely vulnerable to

destruction by man's alterations.

(e) Important ecological, cultural, historic, and esthetic values

in the coastal zone which are essential to the well-being of all

citizens are being irretrievably damaged or lost.

(f) New and expanding demands for food, energy, minerals, defense

needs, recreation, waste disposal, transportation, and industrial

activities in the Great Lakes, territorial sea, exclusive economic

zone, and Outer Continental Shelf are placing stress on these areas

and are creating the need for resolution of serious conflicts among

important and competing uses and values in coastal and ocean

waters;

(g) Special natural and scenic characteristics are being damaged

by ill-planned development that threatens these values.

(h) In light of competing demands and the urgent need to protect

and to give high priority to natural systems in the coastal zone,

present state and local institutional arrangements for planning and

regulating land and water uses in such areas are inadequate.

(i) The key to more effective protection and use of the land and

water resources of the coastal zone is to encourage the states to

exercise their full authority over the lands and waters in the

coastal zone by assisting the states, in cooperation with Federal

and local governments and other vitally affected interests, in

developing land and water use programs for the coastal zone,

including unified policies, criteria, standards, methods, and

processes for dealing with land and water use decisions of more

than local significance.

(j) The national objective of attaining a greater degree of

energy self-sufficiency would be advanced by providing Federal

financial assistance to meet state and local needs resulting from

new or expanded energy activity in or affecting the coastal zone.

(k) Land uses in the coastal zone, and the uses of adjacent lands

which drain into the coastal zone, may significantly affect the

quality of coastal waters and habitats, and efforts to control

coastal water pollution from land use activities must be improved.

(l) Because global warming may result in a substantial sea level

rise with serious adverse effects in the coastal zone, coastal

states must anticipate and plan for such an occurrence.

(m) Because of their proximity to and reliance upon the ocean and

its resources, the coastal states have substantial and significant

interests in the protection, management, and development of the

resources of the exclusive economic zone that can only be served by

the active participation of coastal states in all Federal programs

affecting such resources and, wherever appropriate, by the

development of state ocean resource plans as part of their

federally approved coastal zone management programs.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 302, as added Pub. L. 92-583, Oct.

27, 1972, 86 Stat. 1280; amended Pub. L. 94-370, Sec. 2, July 26,

1976, 90 Stat. 1013; Pub. L. 96-464, Sec. 2, Oct. 17, 1980, 94

Stat. 2060; Pub. L. 101-508, title VI, Sec. 6203(a), Nov. 5, 1990,

104 Stat. 1388-300.)

-MISC1-

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-508, Sec. 6203(a)(1), inserted

''habitat areas of the'' before ''coastal zone''.

Subsec. (f). Pub. L. 101-508, Sec. 6203(a)(2), inserted

''exclusive economic zone,'' after ''territorial sea,''.

Subsecs. (k) to (m). Pub. L. 101-508, Sec. 6203(a)(3), added

subsecs. (k) to (m).

1980 - Subsecs. (f) to (j). Pub. L. 96-464, Sec. 2(1), (2), added

subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to

(j), respectively.

1976 - Subsec. (b). Pub. L. 94-370, Sec. 2(1), inserted

''ecological,'' after ''recreational,''.

Subsec. (i). Pub. L. 94-370, Sec. 2(3), added subsec. (i).

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-150, Sec. 1, June 3, 1996, 110 Stat. 1380, provided

that: ''This Act (enacting section 1465 of this title, amending

sections 1454, 1455a, 1456a, 1456b, 1461, and 1464 of this title,

and enacting provisions set out as a note under section 1454 of

this title) may be cited as the 'Coastal Zone Protection Act of

1996'.''

SHORT TITLE OF 1990 AMENDMENT

Section 6201 of title VI of Pub. L. 101-508 provided that: ''This

subtitle (subtitle C (Sec. 6201-6217) of title VI of Pub. L.

101-508, enacting sections 1455b, 1456c, and 1460 of this title,

amending this section and sections 1452 to 1456b, 1458, 1461, and

1464 of this title, and enacting provisions set out as notes under

this section and section 1455 of this title) may be cited as the

'Coastal Zone Act Reauthorization Amendments of 1990'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-272, title VI, Sec. 6041, Apr. 7, 1986, 100 Stat. 124,

provided that: ''This subtitle (subtitle D (Sec. 6041-6047) of

title VI of Pub. L. 99-272, amending sections 1455, 1455a, 1456a,

1458, 1461, and 1464 of this title, repealing sections 1456c and

1460 of this title, and repealing provisions set out as a note

under this section) may be cited as the 'Coastal Zone Management

Reauthorization Act of 1985'.''

SHORT TITLE OF 1980 AMENDMENT

Section 1 of Pub. L. 96-464 provided: ''That this Act (enacting

sections 1455a and 1463a of this title, amending this section and

sections 1452, 1453, 1455, 1456a, 1456b, 1458, 1461, 1462, and 1464

of this title, and enacting provisions set out as notes under

sections 1455, 1458, and 1463a of this title) may be cited as the

'Coastal Zone Management Improvement Act of 1980'.''

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-370 provided: ''That this Act (enacting

section 1511a of Title 15, Commerce and Trade, and sections 1456a

to 1456c of this title, amending this section, sections 1453 to

1456 and 1457 to 1464 of this title, and section 5316 of Title 5,

Government Organization and Employees, and enacting provisions set

out as notes under section 1511a of Title 15 and section 1462 of

this title) may be cited as the 'Coastal Zone Management Act

Amendments of 1976'.''

SHORT TITLE

Section 301 of title III of Pub. L. 89-454, as added by Pub. L.

92-583, provided that: ''This title (enacting this chapter) may be

cited as the 'Coastal Zone Management Act of 1972'.''

HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL

Pub. L. 105-383, title VI, Nov. 13, 1998, 112 Stat. 3447,

provided that:

''SEC. 601. SHORT TITLE.

''This title may be cited as the 'Harmful Algal Bloom and Hypoxia

Research and Control Act of 1998'.

''SEC. 602. FINDINGS.

''The Congress finds that -

''(1) the recent outbreak of the harmful microbe Pfiesteria

piscicida in the coastal waters of the United States is one

example of potentially harmful algal blooms composed of naturally

occurring species that reproduce explosively and that are

increasing in frequency and intensity in the Nation's coastal

waters;

''(2) other recent occurrences of harmful algal blooms include

red tides in the Gulf of Mexico and the Southeast; brown tides in

New York and Texas; ciguatera fish poisoning in Hawaii, Florida,

Puerto Rico, and the United States Virgin Islands; and shellfish

poisonings in the Gulf of Maine, the Pacific Northwest, and the

Gulf of Alaska;

''(3) in certain cases, harmful algal blooms have resulted in

fish kills, the deaths of numerous endangered West Indian

manatees, beach and shellfish bed closures, threats to public

health and safety, and concern among the public about the safety

of seafood;

''(4) according to some scientists, the factors causing or

contributing to harmful algal blooms may include excessive

nutrients in coastal waters, other forms of pollution, the

transfer of harmful species through ship ballast water, and ocean

currents;

''(5) harmful algal blooms may have been responsible for an

estimated $1,000,000,000 in economic losses during the past

decade;

''(6) harmful algal blooms and blooms of non-toxic algal

species may lead to other damaging marine conditions such as

hypoxia (reduced oxygen concentrations), which are harmful or

fatal to fish, shellfish, and benthic organisms;

''(7) according to the National Oceanic and Atmospheric

Administration in the Department of Commerce, 53 percent of

United States estuaries experience hypoxia for at least part of

the year and a 7,000 square mile area in the Gulf of Mexico off

Louisiana and Texas suffers from hypoxia;

''(8) according to some scientists, a factor believed to cause

hypoxia is excessive nutrient loading into coastal waters;

''(9) there is a need to identify more workable and effective

actions to reduce nutrient loadings to coastal waters;

''(10) the National Oceanic and Atmospheric Administration,

through its ongoing research, education, grant, and coastal

resource management programs, possesses a full range of

capabilities necessary to support a near and long-term

comprehensive effort to prevent, reduce, and control harmful

algal blooms and hypoxia;

''(11) funding for the research and related programs of the

National Oceanic and Atmospheric Administration will aid in

improving the Nation's understanding and capabilities for

addressing the human and environmental costs associated with

harmful algal blooms and hypoxia; and

''(12) other Federal agencies such as the Environmental

Protection Agency, the Department of Agriculture, and the

National Science Foundation, along with the States, Indian

tribes, and local governments, conduct important work related to

the prevention, reduction, and control of harmful algal blooms

and hypoxia.

''SEC. 603. ASSESSMENTS.

''(a) Establishment of Inter-Agency Task Force. - The President,

through the Committee on Environment and Natural Resources of the

National Science and Technology Council, shall establish an

Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia

(hereinafter referred to as the 'Task Force'). The Task Force shall

consist of the following representatives from -

''(1) the Department of Commerce (who shall serve as Chairman

of the Task Force);

''(2) the Environmental Protection Agency;

''(3) the Department of Agriculture;

''(4) the Department of the Interior;

''(5) the Department of the Navy;

''(6) the Department of Health and Human Services;

''(7) the National Science Foundation;

''(8) the National Aeronautics and Space Administration;

''(9) the Food and Drug Administration;

''(10) the Office of Science and Technology Policy;

''(11) the Council on Environmental Quality; and

''(12) such other Federal agencies as the President considers

appropriate.

''(b) Assessment of Harmful Algal Blooms. -

''(1) Not later than 12 months after the date of the enactment

of this title (Nov. 13, 1998), the Task Force, in cooperation

with the coastal States, Indian tribes, and local governments,

industry (including agricultural organizations), academic

institutions, and non-governmental organizations with expertise

in coastal zone management, shall complete and submit to the

Congress an assessment which examines the ecological and economic

consequences of harmful algal blooms, alternatives for reducing,

mitigating, and controlling harmful algal blooms, and the social

and economic costs and benefits of such alternatives.

''(2) The assessment shall -

''(A) identify alternatives for preventing unnecessary

duplication of effort among Federal agencies and departments

with respect to harmful algal blooms; and

''(B) provide for Federal cooperation and coordination with

and assistance to the coastal States, Indian tribes, and local

governments in the prevention, reduction, management,

mitigation, and control of harmful algal blooms and their

environmental and public health impacts.

''(c) Assessment of Hypoxia. -

''(1) Not later than 12 months after the date of the enactment

of this title (Nov. 13, 1998), the Task Force, in cooperation

with the States, Indian tribes, local governments, industry,

agricultural, academic institutions, and non-governmental

organizations with expertise in watershed and coastal zone

management, shall complete and submit to the Congress an

assessment which examines the ecological and economic

consequences of hypoxia in United States coastal waters,

alternatives for reducing, mitigating, and controlling hypoxia,

and the social and economic costs and benefits of such

alternatives.

''(2) The assessment shall -

''(A) establish needs, priorities, and guidelines for a

peer-reviewed, inter-agency research program on the causes,

characteristics, and impacts of hypoxia;

''(B) identify alternatives for preventing unnecessary

duplication of effort among Federal agencies and departments

with respect to hypoxia; and

''(C) provide for Federal cooperation and coordination with

and assistance to the States, Indian tribes, and local

governments in the prevention, reduction, management,

mitigation, and control of hypoxia and its environmental

impacts.

''(e)((d)) Disestablishment of Task Force. - The President may

disestablish the Task Force after submission of the plan in section

604(d) (604(b)).

''SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

''(a) Assessment Report. - Not later than May 30, 1999, the Task

Force shall complete and submit to Congress and the President an

integrated assessment of hypoxia in the northern Gulf of Mexico

that examines: the distribution, dynamics, and causes; ecological

and economic consequences; sources and loads of nutrients

transported by the Mississippi River to the Gulf of Mexico; effects

of reducing nutrient loads; methods for reducing nutrient loads;

and the social and economic costs and benefits of such methods.

''(b) Submission of a Plan. - No later than March 30, 2000, the

President, in conjunction with the chief executive officers of the

States, shall develop and submit to Congress a plan, based on the

integrated assessment submitted under subsection (a), for reducing,

mitigating, and controlling hypoxia in the northern Gulf of Mexico.

In developing such plan, the President shall consult with State,

Indian tribe, and local governments, academic, agricultural,

industry, and environmental groups and representatives. Such plan

shall include incentive-based partnership approaches. The plan

shall also include the social and economic costs and benefits of

the measures for reducing, mitigating, and controlling hypoxia. At

least 90 days before the President submits such plan to the

Congress, a summary of the proposed plan shall be published in the

Federal Register for a public comment period of not less than 60

days.

''SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to the Secretary of

Commerce for research, education, and monitoring activities related

to the prevention, reduction, and control of harmful algal blooms

and hypoxia, $15,000,000 for fiscal year 1999, $18,250,000 for

fiscal year 2000, and $19,000,000 for fiscal year 2001, to remain

available until expended. The Secretary shall consult with the

States on a regular basis regarding the development and

implementation of the activities authorized under this section. Of

such amounts for each fiscal year -

''(1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal

year 2000, and $2,000,000 for fiscal year 2001 may be used to

enable the National Oceanic and Atmospheric Administration to

carry out research and assessment activities, including

procurement of necessary research equipment, at research

laboratories of the National Ocean Service and the National

Marine Fisheries Service;

''(2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal

year 2000, and $5,500,000 for fiscal year 2001 may be used to

carry out the Ecology and Oceanography of Harmful Algal Blooms

(ECOHAB) project under the Coastal Ocean Program established

under section 201(c) of Public Law 102-567 (106 Stat. 4280);

''(3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal

year 2000, and $2,000,000 for fiscal year 2001 may be used by the

National Ocean Service of the National Oceanic and Atmospheric

Administration to carry out a peer-reviewed research project on

management measures that can be taken to prevent, reduce,

control, and mitigate harmful algal blooms;

''(4) $5,500,000 for each of the fiscal years 1999, 2000, and

2001 may be used to carry out Federal and State annual monitoring

and analysis activities for harmful algal blooms administered by

the National Ocean Service of the National Oceanic and

Atmospheric Administration; and

''(5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal

year 2000, and $4,000,000 for fiscal year 2001 may be used for

activities related to research and monitoring on hypoxia by the

National Ocean Service and the Office of Oceanic and Atmospheric

Research of the National Oceanic and Atmospheric Administration.

''SEC. 606. PROTECTION OF STATES' RIGHTS.

''(a) Nothing in this title shall be interpreted to adversely

affect existing State regulatory or enforcement power which has

been granted to any State through the Clean Water Act (33 U.S.C.

1251 et seq.) or Coastal Zone Management Act of 1972 (16 U.S.C.

1451 et seq.).

''(b) Nothing in this title shall be interpreted to expand the

regulatory or enforcement power of the Federal Government which has

been delegated to any State through the Clean Water Act or Coastal

Zone Management Act of 1972.''

FINDINGS AND PURPOSE OF COASTAL ZONE ACT REAUTHORIZATION AMENDMENTS

OF 1990

Section 6202 of Pub. L. 101-508 provided that:

''(a) Findings. - Congress finds and declares the following:

''(1) Our oceans, coastal waters, and estuaries constitute a

unique resource. The condition of the water quality in and

around the coastal areas is significantly declining. Growing

human pressures on the coastal ecosystem will continue to degrade

this resource until adequate actions and policies are

implemented.

''(2) Almost one-half of our total population now lives in

coastal areas. By 2010, the coastal population will have grown

from 80,000,000 in 1960 to 127,000,000 people, an increase of

approximately 60 percent, and population density in coastal

counties will be among the highest in the Nation.

''(3) Marine resources contribute to the Nation's economic

stability. Commercial and recreational fishery activities

support an industry with an estimated value of $12,000,000,000 a

year.

''(4) Wetlands play a vital role in sustaining the coastal

economy and environment. Wetlands support and nourish fishery

and marine resources. They also protect the Nation's shores from

storm and wave damage. Coastal wetlands contribute an estimated

$5,000,000,000 to the production of fish and shellfish in the

United States coastal waters. Yet, 50 percent of the Nation's

coastal wetlands have been destroyed, and more are likely to

decline in the near future.

''(5) Nonpoint source pollution is increasingly recognized as a

significant factor in coastal water degradation. In urban areas,

storm water and combined sewer overflow are linked to major

coastal problems, and in rural areas, run-off from agricultural

activities may add to coastal pollution.

''(6) Coastal planning and development control measures are

essential to protect coastal water quality, which is subject to

continued ongoing stresses. Currently, not enough is being done

to manage and protect our coastal resources.

''(7) Global warming results from the accumulation of man-made

gases, released into the atmosphere from such activities as the

burning of fossil fuels, deforestation, and the production of

chlorofluorocarbons, which trap solar heat in the atmosphere and

raise temperatures worldwide. Global warming could result in

significant global sea level rise by 2050 resulting from ocean

expansion, the melting of snow and ice, and the gradual melting

of the polar ice cap. Sea level rise will result in the loss of

natural resources such as beaches, dunes, estuaries, and

wetlands, and will contribute to the salinization of drinking

water supplies. Sea level rise will also result in damage to

properties, infrastructures, and public works. There is a

growing need to plan for sea level rise.

''(8) There is a clear link between coastal water quality and

land use activities along the shore. State management programs

under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et

seq.) are among the best tools for protecting coastal resources

and must play a larger role, particularly in improving coastal

zone water quality.

''(9) All coastal States should have coastal zone management

programs in place that conform to the Coastal Zone Management Act

of 1972, as amended by this Act.

''(b) Purpose. - It is the purpose of Congress in this subtitle

(see Short Title of 1990 Amendment note above) to enhance the

effectiveness of the Coastal Zone Management Act of 1972 (16 U.S.C.

1451 et seq.) by increasing our understanding of the coastal

environment and expanding the ability of State coastal zone

management programs to address coastal environmental problems.''

ESTABLISHMENT OF POSITIONS AND FIXING OF COMPENSATION BY SECRETARY

OF COMMERCE; APPOINTMENTS

Section 15(c) of Pub. L. 94-370 related to establishment and

compensation of four new positions without regard to the provisions

of chapter 51 of Title 5, Government Organization and Employees,

prior to repeal by Pub. L. 99-272, title VI, Sec. 6045(3), Apr. 7,

1986, 100 Stat. 127.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

EX. ORD. NO. 13089. CORAL REEF PROTECTION

Ex. Ord. No. 13089, June 11, 1998, 63 F.R. 32701, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America and in furtherance of

the purposes of the Clean Water Act of 1977, as amended (33 U.S.C.

1251, et seq.), Coastal Zone Management Act (16 U.S.C. 1451, et

seq.), Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1801, et seq.), National Environmental Policy Act of 1969,

as amended (42 U.S.C. 4321, et seq.), National Marine Sanctuaries

Act, (16 U.S.C. 1431, et seq.), National Park Service Organic Act

(16 U.S.C. 1, et seq.), National Wildlife Refuge System

Administration Act (16 U.S.C. 668dd-ee), and other pertinent

statutes, to preserve and protect the biodiversity, health,

heritage, and social and economic value of U.S. coral reef

ecosystems and the marine environment, it is hereby ordered as

follows:

Section 1. Definitions. (a) ''U.S. coral reef ecosystems'' means

those species, habitats, and other natural resources associated

with coral reefs in all maritime areas and zones subject to the

jurisdiction or control of the United States (e.g., Federal, State,

territorial, or commonwealth waters), including reef systems in the

south Atlantic, Caribbean, Gulf of Mexico, and Pacific Ocean. (b)

''U.S. Coral Reef Initiative'' is an existing partnership between

Federal agencies and State, territorial, commonwealth, and local

governments, nongovernmental organizations, and commercial

interests to design and implement additional management, education,

monitoring, research, and restoration efforts to conserve coral

reef ecosystems for the use and enjoyment of future generations.

The existing U.S. Islands Coral Reef Initiative strategy covers

approximately 95 percent of U.S. coral reef ecosystems and is a key

element of the overall U.S. Coral Reef Initiative. (c)

''International Coral Reef Initiative'' is an existing partnership,

founded by the United States in 1994, of governments,

intergovernmental organizations, multilateral development banks,

nongovernmental organizations, scientists, and the private sector

whose purpose is to mobilize governments and other interested

parties whose coordinated, vigorous, and effective actions are

required to address the threats to the world's coral reefs.

Sec. 2. Policy. (a) All Federal agencies whose actions may affect

U.S. coral reef ecosystems shall: (a) identify their actions that

may affect U.S. coral reef ecosystems; (b) utilize their programs

and authorities to protect and enhance the conditions of such

ecosystems; and (c) to the extent permitted by law, ensure that any

actions they authorize, fund, or carry out will not degrade the

conditions of such ecosystems.

(b) Exceptions to this section may be allowed under terms

prescribed by the heads of Federal agencies:

(1) during time of war or national emergency;

(2) when necessary for reasons of national security, as

determined by the President;

(3) during emergencies posing an unacceptable threat to human

health or safety or to the marine environment and admitting of no