§ 301

COASTAL ZONE MANAGEMENT

COASTAL ZONE MANAGEMENT ACT OF 1972

[Public Law 92-583, 86 Stat. 1280]

AN ACT to establish a national policy and develop a national program for the management, beneficial use, protection, and development of the land and water resources of the Nation's coastal zones, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for a comprehensive, long-range, and coordinated national program in marine science, to establish a National Council on Marine Resources and Engineering Development, and a Commission on Marine Science, Engineering and Resources, and for other purposes", approved June 17, 1966 (80 Stat. 203), as amended (33 U.S.C. 1101-1124), is further amended by adding at the end thereof the following new title:

TITLE III-MANAGEMENT OF THE COASTAL ZONE

SHORT TITLE

SEC. 301. This title may be cited as the "Coastal Zone Management Act of 1972".

CONGRESSIONAL FINDINGS

SEC. 302. The Congress finds that

(a) There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone.1

(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 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.

1 Sec. 2(1) of the Coastal Zone Management Act Amendments of 1976, Public Law 94-370, approved July 26, 1976, 90 Stat. 1013, inserted the word "ecological" immediately after "recreational,". Sec. 2(2) (A) of such Act deleted the "semicolon" at the end of subsections (a), (b), (c), (d), (e), and (f); section 2(2) (B) of such Act deleted"; and" at the end of subsection (g) and inserted a "period" at the end of each subsection.

(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) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values.

(g) 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.

(h) 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.

(i) 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.

DECLARATION OF POLICY

SEC. 303. The Congress finds and declares that it is the national policy (a) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations, (b) to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as to needs for economic development, (c) for all Federal agencies engaged in programs affecting the coastal zone to cooperate and participate with state and local governments and regional agencies in effectuating the purposes of this title, and (d) to encourage the participation of the public, of Federal, state, and local governments and of regional agencies in the development of coastal zone management programs. With respect to implementation of such management programs, it is the national policy to encourage cooperation among the various state and regional agencies including establishment of interstate and regional agreements, cooperative procedures, and joint action particularly regarding environmental problems.

DEFINITIONS

SEC. 304. For the purposes of this title

(1) The term "coastal zone" means the coastal waters (including

1 Sec. 2(3) of the Coastal Zone Management Act Amendments of 1976, Publie Law 94-370, approved July 26, 1976, 90 Stat. 1013, inserted a new subsection "(1)" following Bubsection (h).

Sec. 3(1) of the Coastal Zone Management Act Amendments of 1976, Public Law 94-370, approved July 26, 1976, 90 Stat. 1013, redesignated paragraph (a) as paragraph (1); sec. 3(1)(A) of such Act deleted "Coastal" and inserted in lieu thereof "The term coastal'"; sec. 3(1)(B) of such Act added the word "islands" immediately after "and includes".

the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands,1 transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of the United States territorial sea. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents.

(2) The term "coastal waters" means (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries. (3) The term "coastal state" means a state of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purposes of this title, the term also includes Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(4) The term "coastal energy activity" means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists which, in the determination of the Secretary, necessitates that the siting, construction, expansion, or operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state;

(i) Any outer Continental Shelf energy activity.

(ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas.

(iii) Any transportation, transfer, or storage of oil, natural gas, or coal (including, but not limited to, by means of any deepwater port, as defined in section 3 (10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502 (10))).

For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be "in close proximity to" the coastal zone of any coastal state if such siting, construction, expansion, or operation has, or is likely to have, a significant effect on such coastal zone.

1 Sec. 3(1)(A) of the Coastal Zone Management Act Amendments of 1976, Public Law 94-370, approved July 26, 1976, 90 Stat. 1013, deleted "Coastal" and inserted in lieu thereof "the term 'coastal'" ; Sec. 3(1)(B) of such Act added the word "Islands" immediately after "and includes".

Sec. 3(2) of the Coastal Zone Management Act Amendments of 1976. Public Law 94-370, approved July 26. 1976, 90 Stat. 1013, redesignated paragraph (b) as paragraph (2); sec. 3(2)(A) of such Act deleted "Coastal" and inserted in lleu thereof "The term 'coastal'"; sec. 3(2)(B) of such Act redesignated (1) and (2) as (A) and (B). Sec. 3(3) of the Coastal Zone Management Act Amendments of 1976, Public Law 94-370, approved July 26, 1976, 90 Stat. 1013, deleted "(c) 'coastal'" and inserted in lieu thereof: "(3) The term 'coastal' ".

Sec. 3(4) of the Coastal Zone Management Act Amendments of 1976, Public Law 94370, approved July 26, 1976, 90 Stat. 1013, inserted new paragraphs "(4)" and "(5)".

(5)1 The term "energy facilities" means any equipment or facility which is or will be used primarily

(A) in the exploration for, or the development, production conversion, storage, transfer, processing, or transportation of, any energy resource; or

(B) for the manufacture, production, or assembly of equip ment, machinery, products, or devices which are involved in any activity described in subparagraph (A).

The term includes, but is not limited to (i) electric generating plants: (ii) petroleum refineries and associated facilities; (iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel processing facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, and refining complexes; (vii) facilities including deepwater ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing.

(6)2 The term "Estuary" means that part of a river or stream or other body of water having unimpaired connection with the open sea. where the sea water is measurably diluted with fresh water derived from land drainage. The term includes estuary-type areas of the Great Lakes.

(7) The term "estuarine sanctuary" means a research area which may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, and which constitutes to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area.

(8) The term "Fund" means the Coastal Energy Impact Fund established by section 308 (h).

(9) The term "land use" means activities which are conducted in or on the shorelands within, the coastal zone, subject to the requirements outlined in section 307(g).

(10) The term "local government" means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state's coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes. but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority.

1 Sec. 3(4) of the Coastal Zone Management Act Amendments of 1976. Public Law 94370, approved July 26, 1976, 90 Stat. 1013, inserted new paragraphs "(4)” and “(5)". 2 Sec. 3(5) of the Coastal Zone Management Act Amendments of 1976, Public La 94-370, approved July 26, 1976, 90 Stat. 1013, deleted "(d) "Estuary'" and inserted in lieu thereof "(6) The term 'estuary''

3 Sec. 3(6) of the Coastal Zone Management Act Amendments of 1976, Public L 94-370, approved July 26, 1976, 90 Stat. 1013, redesignated paragraph (e) as paragraph (7); sec. 3(6)(A) of such Act deleted "Estuarine" and inserted in lien thereofThe term 'estuarine'"; sec. 3(6)(B) of such Act deleted the words "estuary, adjoining trans tional areas, and adjacent uplands, constituting" and inserted in lieu thereof "estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary. and which constitutes".

Sec. 3(7) of the Coastal Zone Management Act Amendments of 1976, Public L 94-370, approved July 26, 1976, 90 Stat. 1013, deleted paragraph (f) which previously read as follows: "(f) "Secretary' means the Secretary of Commerce". This section als added new paragraphs “(8)”, “(9)” and “(10)”.