§ 1451. — Congressional findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1451]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1451. Congressional findings
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.
(c) The increasing and competing demands upon the lands and 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.
(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.)
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 (Secs. 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 (Secs. 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.
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.
