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Pilz CONGRESS 16T SESSION

H. R. 2493

IN THE HOUSE OF REPRESENTATIVES

JANUARY 29, 1971

Mr. Laxsos introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

To assist the States in establishing coastal and estuarine zone management plans and programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Act entitled “An Act to provide for a comprehen4 sive, long-range, and coordinated national program in marine 5 science, to establish a National Council on Marine Resources 6 and Engineering Development, and a Commission on Marine 7 Science, Engineering and Resources, and for other purposes", 8 approved October 15, 1966, as amended (16 U.S.C. 1121 et 9 seq.), is amended by adding at the end thereof the follow10 ing new titles:

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"SEC. 301. This title may be cited as the 'National

5 Coastal and Estuarine Zone Management Act of 1971'.

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"(a) That the well-being of American society now de

9 mands that manmade laws be extended to regulate the impact 10 of man on the biophysical environment.

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"(b) That there is a national interest in the effective management, beneficial use, protection, and development. 13 of the Nation's coastal and estuarine zone.

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"(c) That the coastal and estuarine zone is rich in a variety of natural, commercial, recreational, industrial, and 16 esthetic resources of immediate and potential value to the present and future well-being of our Nation.

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"(d) That the increasing and competing demands upon 19 the lands and waters of our coastal and estuarine zone oc20 casioned by population growth and economic development, including requirements for industry, commerce, residential 22 development, recreation, extraction of mineral resources and 23 fossil fuels, transportation and navigation, waste disposal,

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and harvesting of fish, shellfish, and other living marine re

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1 sources, have resulted in the loss of living marine resources, 2 wildlife, nutrient-rich areas, permanent and adverse changes

3 to ecological systems, decreasing open space for public use, 4 and shoreline erosion.

5 "(e) That the coastal and estuarine zone, and the fish, 6 shellfish, other living marine resources, and wildlife therein, 7 are ecologically fragile and consequently extremely vulner8 abe to destruction by man's alterations.

9 "(f) That present land and water uses in the more 10 populated coastal areas do not adequately accommodate the 11 diverse requirements of the coastal and estuarine zone.

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"(g) That in light of competing demands and the urgent need to protect our coastal and estuarine zone, the 14 institutional framework responsible is currently diffuse in 15 focus, neglected in importance, and inadequate in regulatory 16 authority.

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"(h) That the key to more effective use of the coastal 18 and estuarine zone is the introduction of a management sys19 tem permitting conscious and informed choices among 20 alternative uses.

21 "(i) That the absence of a national policy and an in22 tegrated management and planning mechanism for the 23 coastal and estuarine zone resource has contributed to the 24 impairment of the Nation's environmental quality.

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"DECLARATION OF POLICY

"SEC. 303. Congress finds and declares that it is the

3 policy of Congress to preserve, protect, develop, and where 4 possible to restore, the resources of the Nation's coastal and 5 estuarine zone for this and succeeding generations. The 6 Congress declares that it is necessary to encourage and assist 7 the coastal States to exercise effectively their responsibilities 8 over the Nation's coastal and estuarine zone through the 9 preparation and implementation of management plans and programs to achieve wise use of the coastal and estuarine 11 zone through a balance between development and protection 12 of the natural environment. Congress declares that it is the 13 duty and responsibility of all Federal agencies engaged in 14 programs affecting the coastal and estuarine zone to cooper15 ate and participate in the purposes of this Act. Further, it is 16 the policy of Congress to encourage the participation of the 17 public and Federal, State, and local governments in the 18 development of coastal and estuarine zone management plans

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"DEFINITIONS

"SEC. 304. For the purposes of this title

"(a) Estuary' means that part of a river or stream or 23 other body of water having unimpaired natural connection 24 with the open sea, where the sea water is measurably diluted 25 with fresh water derived from land drainage, or with the 26 Great Lakes.

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1 "(b) 2 waters, and lands beneath the waters near the coastline (in3 cluding the Great Lakes) and estuaries. For purposes of 4 identifying the objects of planning, management, and regula

'Coastal and estuarine zone' means the land,

tory programs the coastal and estuarine zone extends sea6 ward to the outer limit of the United States territorial sea, 7 and to the international boundary between the United States 8 and Canada in the Great Lakes. Within the coastal and 9 estuarine zone as defined herein are included areas and lands 10 influenced or affected by water such as, but not limited to, 11 beaches, salt marshes, coastal and intertidal areas, sounds, embayments, harbors, lagoons, in-shore waters, rivers, and 13 channels.

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14 "(c) "Coastal State' means any State of the United 15 States in or bordering on the Atlantic, Pacific, and Arctic 16 Oceans, gulf coast, Long Island Sound, or the Great Lakes, 17 and includes Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.

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"(d) 'Secretary' means the Secretary of Commerce.

“(e) 'Estuarine sanctuary' is a research area, which

include waters, lands beneath such waters, and adjacent

uplands, within the coastal and estuarine zone, and constitut

ing to the extent feasible a natural unit, set aside to provide

scientists the opportunity to examine over a period of time

the ecological relationships within estuaries.

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