Coastal Zone Management Act

• Author: Environmental Law Reporter
• Pages: 275-292

Coastal Zone Management Act

16 U.S.C. §§1451-1464

§1451.[CZMA §302]

Congressional findings

The Congress finds that—

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

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

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

reational, 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 wa-

ters of our coastal zone occasioned by population growth and eco-

nomic 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, decreas-

ing 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 activi-

ties in the Great Lakes, territorial sea, exclusive economic zone, and

Outer Continental Shelf are placing stress on these areas and are creat-

ing 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 urgentneed 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 wa-

ter 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 as-

sisting 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 as-

sistance 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 pol-

lution 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 an-

ticipate 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 inter-

ests 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, §302, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.

1280, and amended Pub. L. 94-370, §2, July 26, 1976, 90 Stat. 1013; Pub. L.

96-464, §2, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101-508, title VI, §6203(a),

Nov. 5, 1990, 104 Stat. 1388-300.)

Short Title Of 2004 Amendment

Pub. L. 108-456, title I, Sec. 101, Dec. 10, 2004, 118 Stat. 3630, provided that:

“This title [enacting and amendment provisions set out as notes under this section]

may be cited as the ‘Harmful Algal Bloom and Hypoxia Amendments Act of

2004’.”

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,

and1460 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 sec-

tion]may be cited as the ‘Coastal Zone Managment Reauthorization Act of 1985’.”

Short Title Of 1980 Amendment

Section1 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

asnotes 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 Manage-

ment Act of 1972’.”

Harmful Algal Blooms And Hypoxia Research And Control

Pub. L. 108-456, title I, Sec. 102, Dec. 10, 2004, 118 Stat.3630, provided in part

that:“In developing the assessments, reports, and plans under the amendments made

by this title [see Short Title of 2004 Amendment note above], the Task Force

[Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia] shall consult

with the coastal States, Indian tribes, local governments, appropriate industries (in-

cluding fisheries, agriculture, and fertilizer), academic institutions, and

nongovernmental organizations with expertise in coastal zone science and manage-

ment.”

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

108-456,title I, Secs. 102-105, Dec. 10, 2004, 118 Stat. 3630-3633, 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 Yorkand Texas; ciguatera

fish poisoning in Hawaii, Florida, Puerto Rico, and the United States Virgin Is-

lands; 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 WestIndian 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;

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CZMA §302 COASTALZONE MANAGEMENT ACT 16 U.S.C. §1451

“(6) harmful algal blooms and blooms of non-toxic algal species may lead to

other damaging marine conditions such as hypoxia (reduced oxygen concentra-

tions), 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 Texassuffers from hypoxia;

“(8) according to some scientists, a factor believed to cause hypoxia is exces-

sive 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 ongo-

ing research, education, grant, and coastal resource management programs, pos-

sesses a full range of capabilities necessary to support a near and long-term com-

prehensive 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 understand-

ing 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 TaskForce.—The President, through the

Committee on Environment and Natural Resources of the National Science and

TechnologyCouncil, shall establish an Inter-Agency Task Force on Harmful Algal

Blooms and Hypoxia (hereinafter referred to as the ‘Task Force’). The TaskForce

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 TechnologyPolicy;

“(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 in-

stitutions, and non-governmental organizations with expertise in coastal zone

management, shall complete and submit to the Congress an assessment which ex-

aminesthe ecological and economic consequences of harmful algal blooms, alter-

nativesfor reducing, mitigating, and controlling harmful algal blooms, and the so-

cial and economic costs and benefits of such alternatives.

“(2) The assessment shall—

“(A) identify alternatives for preventing unnecessary duplication of effort

amongFederal 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, re-

duction, 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 TaskForce, in cooperation with the States, Indian tribes, local gov-

ernments, industry,agricultural, academic institutions, and non-governmental or-

ganizationswith expertise in watershed and coastal zone management, shall com -

plete and submit to the Congress an assessment which examines the ecological

and economic consequences of hypoxia in United States coastal waters, alterna-

tives for reducing, mitigating, and controlling hypoxia, and the social and eco-

nomic 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 im-

pacts.

“(d) Report to Congress on Harmful Algal Bloom Impacts.—

“(1) Development.—Not later than 12 months after the date of enactment of

the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 [Dec. 10,

2004],the President, in consultation with the chief executive officers of the States,

shall develop and submit to the Congress a report that describes and evaluates the

effectiveness of measures described in paragraph (2) that may be utilized to pro-

tectenvironmental and public health from impacts of harmful algal blooms. In de-

veloping the report, the President shall consult with the Task Force, the coastal

States, Indian tribes, local governments, appropriate industries (including fisher-

ies, agriculture, and fertilizer), academic institutions, and nongovernmental orga-

nizations with expertise in coastal zone science and management, and also con-

sider the scientific assessments developed under this Act.

“(2) Requirements.—The report shall—

“(A) review techniques for prediction of the onset, course, and impacts of

harmful algal blooms including evaluation of their accuracy and utility in pro-

tectingenvironmental and public health and provisions for their development;

“(B) identify innovative research and development methods for the preven-

tion, control, and mitigation of harmful algal blooms and provisions for their

development; and

“(C) include incentive-based partnership approaches regarding subpara-

graphs (A) and (B) where practicable.

“(3) Publication and opportunity for comment.—At least 90 days before

submitting the report to the Congress, the President shall cause a summary of the

proposedplan to be published in the Federal Register for a public comment period

of not less than 60 days.

“(4) Federal assistance.—The Secretary of Commerce, in coordination with

theTask Force and to the extent of funds available, shall provide for Federal coop-

eration with and assistance to the coastal States, Indian tribes, and local govern-

ments regarding the measures described in paragraph (2), as requested.

“(e) Local and Regional Scientific Assessments.—

“(1) In general.—The Secretary of Commerce, in coordination with the Task

Force and appropriate State, Indian tribe, and local governments, to the extent of

funds available, shall provide for local and regional scientific assessments of

hypoxia and harmful algal blooms, as requested by States,Indian tribes, and local

governments, or for affected areas as identified by the Secretary.If the Secretary

receives multiple requests, the Secretary shall ensure, to the extent practicable,

that assessments under this subsection cover geographically and ecologically di-

verse locations with significant ecological and economic impacts from hypoxia

or harmful algal blooms. The Secretary shall establish a procedure for reviewing

requests for local and regional assessments. The Secretary shall ensure, through

consultation with Sea Grant Programs, that the findings of the assessments are

communicated to the appropriate State, Indian tribe, and local governments, and

to the general public.

“(2) Purpose.—Local and regional assessments shall examine—

“(A) the causes and ecological consequences, and the economic cost, of

hypoxia or harmful algal blooms in that area;

“(B) potential methods to prevent, control, and mitigate hypoxia or harmful

algal blooms in that area and the potential ecological and economic costs and

benefits of such methods; and

“(C) other topics the Task Force considers appropriate.

“(f) Scientific Assessment of Freshwater Harmful Algal Blooms.—(1) Not

later than 24 months after the date of enactment of the Harmful Algal Bloom and

Hypoxia Amendments Act of 2004 [Dec. 10, 2004] the Task Force shall complete

and submit to Congress a scientific assessment of current knowledge about harmful

algal blooms in freshwater, such as the Great Lakes and upper reaches of estuaries,

including a research plan for coordinating Federal effortsto better understand fresh-

water harmful algal blooms.

“(2) The freshwater harmful algal bloom scientific assessment shall—

“(A) examine the causes and ecological consequences, and the economic

costs, of harmful algal blooms with significant effectson freshwater, including

estimations of the frequency and occurrence of significant events;

“(B) establish priorities and guidelines for a competitive, peer-reviewed,

merit-based interagency research program, as part of the Ecology and Ocean-

ography of Harmful Algal Blooms (ECOHAB) project, to better understand

the causes, characteristics, and impacts of harmful algal blooms in freshwater

locations; and

“(C) identify ways to improve coordination and to prevent unnecessary du-

plication of effort among Federal agencies and departments with respect to re-

search on harmful algal blooms in freshwater locations.

“(g) Scientific Assessments of Hypoxia.—(1) Not less than once every 5 years

the TaskForce shall complete and submit to the Congress a scientific assessment of

hypoxia in United Statescoastal waters including the Great Lakes. The first such as-

sessment shall be completed not less than 24 months after the date of enactment of

theHarmful Algal Bloom and Hypoxia Amendments Act of 2004 [Dec. 10, 2004].

“(2) The assessments under this subsection shall—

“(A) examine the causes and ecological consequences, and the economic

costs, of hypoxia;

“(B) describe the potential ecological and economic costs and benefits of

possible policy and management actions for preventing, controlling, and miti-

gating hypoxia;

“(C)evaluate progress made by, and the needs of, Federal research programs

on the causes, characteristics, and impacts of hypoxia, including recommenda-

tions of how to eliminate significant gaps in hypoxia modeling and monitoring

data; and

“(D) identify ways to improve coordination and to prevent unnecessary du-

plication of effort among Federal agencies and departments with respect to re-

search on hypoxia.

“(h)Scientific Assessments of Harmful Algal Blooms.— (1) Not less than once

every 5 years the TaskForce shall complete and submit to Congress a scientific as-

sessment of harmful algal blooms in United States coastal waters. The first such as-

sessment shall be completed not later than 24 months after the date of enactment of

the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 [Dec. 10, 2004]

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16 U.S.C. §1451 ENVIRONMENTALLAW DESKBOOK CZMA §302