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to study the most feasible and desirable means of establishing certain portions of the tidelands, Outer Continental Shelf, seaward areas, and Great Lakes of the United States as marine sanctuaries and for other purposes," and H.R. 11769, a bill "To authorize the Secretary of the Interior to study the most feasible and desirable means of establishing certain portions of the tidelands, bays and estuaries, Outer Continental Shelf, seaward areas, and Great Lakes of the United States as marine sanctuaries, and for other purposes."

The bills would authorize the Secretary of the Interior to study, investigate, and formulate recommendations on the feasible and desirable means of establishing portions of the Nation's tidelands, Outer Continental Shelf, seaward areas, and lands and waters of the Great Lakes as marine sanctuaries. H.R. 11769 would specifically add bays and estuaries to the areas to be studied. The bills would direct the Secretary of the Interior to report his findings and recommendations to Congress through the President in 2 years.

In several places along the coasts of the United States and along the Great Lakes shorelines, National Forests administered by the Forest Service of this Department abut or adjoin tidelands and other areas which would be studied under the bills. The establishment of marine sanctuaries in these areas should be correlated with National Forest activities. Under the bill, the Secretary of the Interior would be directed to cooperate and consult with other affected agencies, and with all other applicable planning activities related to the areas under consideration. This will assure coordination between the studies of the Secretary of the Interior and our planning and program activities wherever National Forests are involved.

The Secretary of the Interior's report under the bills would also include findings with respect to the potential alternative uses of the waters to be studied, including agriculture. If the bills are enacted, the Department of Agriculture would assist the Department of the Interior in evaluating the agricultural potentials involved.

The provisions of the bills would not otherwise affect the responsibilities of this Department, and we defer to the Department of the Interior as for the need for these bills.

The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours,

JOHN A. SCHNITTKER,

Acting Secretary.

U.S. ATOMIC ENERGY COMMISSION,

Washington, D.C., April 26, 1968. Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, House of Representatives.

DEAR MR. GARMATZ: Reference is made to your letter of July 19, 1967, which requested our comments on H.R. 11460.

This bill would authorize the Secretary of the Interior to conduct a feasibility study for "establishing all or part of the Santa Barbara Channel of the State of California in [sic; probably should read “as”] a marine sanctuary, including but not limited to the tidelands and Outer Continental Shelf within the dimensions of the existing State of California sanctuary along fourteen miles of the Santa Barbara County coast and projecting these dimensions to the channel islands." During the proposed study period, which would not exceed two years, the Secretary would be required to "invoke a moratorium on mining and other industrial development, including but not limited to exploration and development of oil and gas, from any part of the Outer Continental Shelf in the Santa Barbara Channel."

We understand the intent of the proposed bill would be to encompass areas under State jurisdiction currently designated as sanctuary areas offshore of Santa Barbara, and the islands of San Miguel, Santa Rosa, and Santa Cruz, so as to provide a contiguous sanctuary area. If this interpretation is correct, the proposed legislation would not adversely affect AEC's presently planned programs. However, we recommend that the bill delineate in more detail the area being proposed for consideration.

We suggest that other Federal agencies, State and local authorities, and industrial firms, particularly the electric utility companies in the region, be consulted as to the impact this bill might have on their projects or plans so that the Government may have the benefit of all interested views. For example, we are aware that the Bureau of Reclamation is considering a site west of Santa Barbara (near Naples) as a potential location for a large dual purpose nuclear plant to produce electricity and fresh water from the sea. The proposed moratorium on “mining and other industrial development” contained in the subject bill might, if enacted into law, adversely affect this effort and other development plans for the

area.

As you may know, the AEC and the Office of Saline Water of the Department of the Interior, pursuant to their respective authorizations, have entered into a cooperative agreement with the Metropolitan Water District of Southern California (MWD), in collaboration with the Southern California Edison Company, the San Diego Gas & Electric Company and the Department of Water and Power of the City of Los Angeles for the development, design, construction and operation of a large nuclear desalting complex to be located on a 40-acre man-made island roughly between 2,000 and 3,000 feet offshore of Bolsa Chica State Beach between Huntington and Seal Beaches, California. While this project appears to be outside of the area to be considered, our previous recommendation to define the sanctuary area in greater detail would preclude any misinterpretation that the area extended beyond those intended boundaries.

In view of the foregoing, and in light of the comprehensiveness of the Secretary's report as proposed in Section 2 of the bill, the AEC defers to the views of those agencies primarily affected with respect to the merits of the bill. In any event, AEC believes that such legislation should more accurately delineate the affected area, as set forth above, and that the proposed moratorium should not be inflexibly or harshly applied.

The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours,

R. S. HOLLINGSWORTH,

General Manager.

U.S. ATOMIC ENERGY COMMISSION,

Washington, D.C., April 30, 1968. Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, House of Representatives.

DEAR MR. GARMATZ: This will respond to your letter of July 26, 1967, requesting our comments on H.R. 11581, and your letter of July 31, 1967, inviting our comments on H.R. 11769, H.R. 11812, and H.R. 11868. These related bills, which would authorize the Secretary of the Interior to undertake a feasibility study for establishing marine sanctuaries, contain substantially similar provisions, but vary as to the described geographic areas that may be affected.

By letter dated April 26, 1968, a copy of which is attached, we submitted comments on a similar bill, H.R. 11460, relating to a feasibility study for a marine sanctuary in the area of the Santa Barbara Channel, California, and containing similar provisions. We believe the views we expressed there apply even more strongly to the subject bills. Supplementing those views, the following additional comments are submitted for your consideration.

The subject bills could impose restrictions on much more extensive coastal areas than that which was envisaged in H.R. 11460. While we recognize the general desirability of establishing marine sanctuaries for reasons of recreation and conservation, we consider it very important that the planning for such areas be fully coordinated with State and local governments as well as with utilities and affected industry.

In regard to the Commission's regulatory authority, it is noted that both H.R. 11769 and H.R. 11584 would authorize the Secretary “to cooperate with" all affected agencies to the end that, pending completion of his study, a moratorium on the industrial development of areas under consideration as possible marine sanctuaries "may be agreed upon.” The AEC's regulatory authority is limited essentially to matters of radiological health and safety and the common defense and security. Although we see no direct connection between these bills and the Commission's regulatory program, it should be noted that Commission cooperation with the Department of Interior could not extend to denial of or a refusal to consider an AEC license on the grounds that the applicant planned to locate in an area under consideration as a possible marine sanctuary. We would, of course, be prepared to work out appropriate arrangements with the Department of Interior designed to assure that any AEC license applicants who might be thus involved would be fully aware of the Department's views and plans respecting the licensees' proposed activities.

From the standpoint of the Commission's developmental interests and plans, the setting aside, within such broad geographic areas, of “possible” marine sanctuaries from industrial development until the Department of Interior completes its study could create problems, examples of which were given in our previous reply on H.R. 11460. We suggest that areas to be temporarily protected while the study is under way be specified with some particularity so that orderly utilization of other areas will not be unduly hampered.

Apart from considerations vis-a-vis the Commission's authorized regulatory and programmatic functions, the subject bills appear to present a fundamental jurisdictional problem. In enacting the Submerged Lands Act (43 USC 1301) and the Outer Continental Shelf Lands Act (43 USC 1331), both Congress and the Executive Department took great care to make it clear that the U.S. was legislating only with respect to land under the waters, including international waters. In contrast, the subject bills appear to involve the exercise of some jurisdiction or control by the U.S. over international waters and not merely the underlying land.

The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours,

R. E. HOLLINGSWORTH,

General Manager.

GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,

Washington, D.C., April 12, 1968. Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN : This is in further reply to your request for the views of this Department concerning H.R. 11460, a bill to authorize the Secretary of the Interior to study the feasible and desirable means of establishing a marine sanctuary in Santa Barbara Channel, California.

This bill would direct the Secretary of the Interior to study, investigate, and formulate recommendations on establishing a marine sanctuary in the Santa Barbara Channel in the State of California, including tidelands and the Outer Continental Shelf. In connection therewith, the Secretary would be required to cooperate with affected Federal, State, and local agencies and conduct necessary public hearings. The bill also would direct the Secretary to submit to Congress, through the President, within two years, a report of his findings and recommendations, including legislation as he deems appropriate. Pending submission of the report, the Secretary would be directed to invoke a moratorium on mining and other industrial development from any part of the Outer Continental Shelf in the Santa Barbara Channel under study as a possible marine sanctuary. To carry out the provisions of this Act, the bill would authorize the appropriation of $250,000.

It is possible that the Department's Environmental Science Services Administration would be called upon to conduct hydrographic or oceanographic surveys to accurately describe the marine environment in the Channel or to provide bathymetric or climatological data for the area.

It should be noted that the report required of the Secretary shall contain findings with respect to "potential alternative beneficial uses of these waters" and “the most effective means for reserving and developing properly this region.” The definition of the economic potential of the area implied in the report could result in studies requiring considerably more funds than the authorized $250,000. If this Department were to conduct such surveys on a nonreimbursable basis, additional appropriations would be required, depending on the nature of such surveys.

The Department of Commerce defers to the Department of the Inte: ior as to the need for legislation for this purpose. If, however, legislation for this purpose is enacted we do not believe that it is necessary or desirable to provide for

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a complete moratorium on mineral exploration, development or mining in areas under study for this proposed marine sanctuary. It is quite possible that such activity might be compatible with the marine sanctuary under consideration. Moreover, the potential of mineral activity might outweigh the potential for marine sanctuary purposes. Accordingly, while we are in sympathy with the general objective of this provision we recommend it be modified to permit the Secretary of the Interior to refrain from invoking a moratorium to the extent that proposed activities would not conflict with possible use of the area as a marine sanctuary or that the potential economic benefit from continuance of an activity already in progress, if any, substantially outweighs its adverse impact on the value of the area as a marine sanctuary.

We have been advised by the Bureau of the Budget that there would be no objection to the submission of our proposed report to the Congress from the standpoint of the Administration's program. Sincerely,

PEDRO R. VAZQUEZ,

General Counsel.

GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,

Washington, D.C., April 12, 1968. Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department concerning H.R. 11584, a bill to authorize the Secretary of the Interior to study the most feasible and desirable means of establishing certain portions of the tidelands, Outer Continental Shelf, seaward areas, and Great Lakes of the United States as marine sanctuaries and for other purposes.

The bill would authorize $1 million for a two-year project to "study, investigate, and formulate recommendations on the most feasible and desirable means of establishing portions of the Nation's tidelands, Outer Continental Shelf, seaward areas, and land and waters of the Great Lakes as marine sanctuaries, including but not limited to the Georges Bank area adjacent to lower Cape Cod, Massachusetts.” Marine sanctuaries are intended to further the conservation and balanced use of U.S. resources in water areas valuable for sport and commercial fishing, wildlife conservation, outdoor recreation, and scenic beauty.

The bill provides that the Secretary of the Interior in his investigations shall cooperate and consult with other interested Federal agencies, as well as other interested public and private organizations, and shall coordinate his studies with all other applicable planning activities related to the areas under consideration. He shall submit to the Congress through the President within two years after enactment a report of his findings and recommendations, including such legislation as he deems appropriate.

H.R. 11584 further provides that the Secretary of the Interior shall not issue or renew any license or permit for the exploration, development, or mining of minerals (including oil and gas) from any part of the Outer Continental Shelf under study as a possible marine sanctuary, and would authorize him to cooperate with other Government or private organizations to establish a moratorium on the industrial development of areas under consideration as a possible marine sanctuary.

The Department of Commerce would defer to the views of the Department of the Interior as to the need for legislation for this purpose. If, however, legislation along the lines of H.R. 11584 is to be enacted, we would recommend that it be amended as set forth below.

We do not believe that it is necessary or desirable to prohibit absolutely the issue or renewal of licenses for mineral exploration, development, or mining in areas of the Outer Continental Shelf under study for possible marine sanctuaries. It is quite possible that such activity would be completely compatible with any marine sanctuary which might be under consideration for a particular area. Moreover, the potential of mineral activity being carried on under an existing license might far outweigh the potential for marine sanctuary purposes of a particular area. Accordingly, while we are in sympathy with the general objective of this provision we recommend it be modified to permit the Secretary of the Interior to issue or reissue licenses covering areas under study upon a determination that the licensed activity would not conflict with possible use of the area as a marine sanctuary or that the potential economic benefit from continuance of a previously licensed activity substantially outweighs the resulting impairment of the potential value of the area as a marine sanctuary.

Secondly, in order to avoid duplication of effort, the bill should direct the Secretary in carrying out the studies to utilize the facilities and services of other Federal agencies wherever practicable and with reimbursement as appropriate.

We have been advised by the Bureau of the Budget that there would be no objection to the submission of our proposed report to the Congress from the standpoint of the Administration's program. Sincerely,

PEDRO R. VAZQUEZ,

General Counsel.

COMMISSION ON MARINE SCIENCE, ENGINEERING AND RESOURCES,

Washington, D.C., August 10, 1967. Hon. EDWARD A. GARMATZ, Chairman, House Committee on Merchant Marine and Fisheries, Longworth House Office Building, Washington, D.C.

DEAR MR. GARMATZ: Thank you for your letter of July 18 inviting the views and recommendations of this Commission on the legislation proposed in H.R. 11460 (a bill to authorize the Secretary of the Interior to study the feasible and desirable means of establishing a marine sanctuary in the Santa Barbara Channel, California).

The Commission has no special knowledge of the particular matter which is the subject of this bill, and therefore has no views to offer on the draft legislation. Sincerely,

SAMUEL A. LAWRENCE,

Executive Director.

COMMISSION ON MARINE SCIENCE, ENGINEERING AND RESOURCES,

Washington, D.C., August 23, 1967. Hon. EDWARD A. GARMATZ, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your request of July 25, 1967, for the views of this Commission with respect to H.R. 11584, a bill to authorize the Secretary of the Interior to study the most feasible and desirable means of establishing certain portions of the tidelands, Outer Continental Shelf, seaward areas, and Great Lakes of the United States as marine sanctuaries and for other purposes.

The desirability of establishing marine sanctuaries is a matter which will most probably be considered by the Commission on Marine Science, Engineering and Resources, in connection with its responsibility for developing a plan for “an adequate national marine science program which will meet present and future needs.” However, the Commission is unlikely to investigate in detail the most feasible and desirable means for establishing these sanctuaries and has, at this time, no views regarding the need for a moratorium on developmentof those portions of the continental shelf under study as a possible marine sanctuary.

The Bureau of the Budget advises that there is no objection to the submission of this report from the standpoint of the Administration program. Sincerely yours,

SAMUEL A. LAWRENCE,

Executive Director.

DEPARTMENT OF THE NAVY,
OFFICE OF LEGISLATIVE AFFAIRS.

Washington, D.C. April 8, 1968.
Hon. EDWARD A. GARMATZ,
Chairman, Committee on Merchant Marine and Fisheries,
House of Representatives, Washington, D.C.

MY DEAR MR. CHAIRMAN : Your request for comment on H.R. 11584, H.R. 11812, H.R. 11868, H.R. 13150, bills "To authorize the Secretary of the Interior to study the most feasible and desirable means of establishing certain portions of the tidelands, Outer Continental Shelf, seaward areas, and Great Lakes of the United States as marine sanctuaries and for other purposes". HP '1

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