Wednesday, November 6, 2024

May 21, 1996 sees Congressional Record publish “REAUTHORIZING THE COASTAL ZONE MANAGEMENT ACT OF 1972”

Volume 142, No. 72 covering the 2nd Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“REAUTHORIZING THE COASTAL ZONE MANAGEMENT ACT OF 1972” mentioning the Environmental Protection Agency was published in the Senate section on pages S5459-S5460 on May 21, 1996.

The publication is reproduced in full below:

REAUTHORIZING THE COASTAL ZONE MANAGEMENT ACT OF 1972

Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Commerce Committee be discharged from further consideration of H.R. 1965 and that the Senate proceed to its immediate consideration.

The PRESIDING OFFICER. The clerk will report.

The legislative clerk read as follows:

A bill (H.R. 1965) to reauthorize the Coastal Zone Management Act of 1972, and for other purposes.

The PRESIDING OFFICER. Is there objection to the immediate consideration of the bill?

There being no objection, the Senate proceeded to consider the bill.

Mr. STEVENS. Mr. President, I support Senate passage of H.R. 1965, a bill to reauthorize the Coastal Zone Management Act [CZMA] through fiscal year 1999. H.R. 1965 is similar to section 205 of S. 1142, a bill that Senators Pressler, Hollings, Burns, Breaux, and I have sponsored to reauthorize the activities of the National Oceanic and Atmospheric Administration. Our bill has been reported by the Senate Commerce Committee, but has not yet been brought before the full Senate.

The CZMA was enacted in 1972 to, among other things, provide grants to States as an incentive to develop Federally approved coastal zone management [CZM] plans. CZM plans are intended to help plan for development in, and protect, coastal areas. Twenty-four coastal States and five island territories now have Federally approved CZM plans. Alaska, which has over half the coastline of the United States, has had a CZM plan in place since 1979. Of the seven eligible coastal States and territories that do not yet have approved CZM plans, five--Georgia, Minnesota, Ohio, Texas and Indiana--are in the process of developing plans.

In fiscal year 1995 and fiscal year 1996, the States and territories with approved CZM plans received appropriations totalling $45.5 million and $46.2 million, respectively. H.R. 1965 authorizes appropriations through fiscal year 1999 with modest growth to these amounts, at roughly the same levels as S. 1142. The bill also reauthorizes grants for States to develop CZM plans, increasing the amounts that may be received, but ending the development grants program after October 1, 1999.

H.R. 1965 includes an amendment to prevent the Secretary of Commerce from delaying the issuance of permits. Section 307 of the CZMA requires federal activities--including private activities that require a Federal permit, and federal assistance to State and local governments--to be consistent with the State's CZM plan. Applicants for Federal permits--

including permits to explore, develop or produce oil in areas leased under the Outer Continental Shelf Lands Act [OCSLA]--are required to certify that the activity is consistent with the State's CZM plan before the Federal permit can be issued. States must concur with the certification, but applicants may appeal the State's decision to the Secretary of Commerce. Section 8 of H.R. 1965 requires the Secretary to publish a notice when the record for any appeal has ended, and to make a decision on the appeal within 90 days--with a possible extension of 45 days. This would prevent the Secretary from simply refusing to make a decision on an appeal.

H.R. 1965 does not reauthorize funds for the Secretary of Commerce and Administrator of the Environmental Protection Agency to enforce the section of law passed in 1990 to require States with CZM plans to prepare ``coastal nonpoint pollution control programs,'' and also does not reauthorize grants to States to prepare those programs.

I encourage other Members of the Senate to support Senate passage of H.R. 1965.

Mr. HOLLINGS. Mr. President, I rise to voice my support for passage of H.R. 1965, a bill to reauthorize the Coastal Zone Management Act

[CZMA] for the fiscal years 1997, 1998, 1999. This language is similar to language contained in S. 1142, the National Oceanic and Atmospheric Administration authorization bill, which the Commerce Committee reported favorably late last session.

In 1969, the Commission on Marine Science, Engineering and Resources--the--Stratton Commission--recom-mended that:

A Coastal Zone Management Act be enacted which will provide policy objectives for the coastal zone and authorize federal grants-in-aid to facilitate the establishment of State Coastal Zone Authorities empowered to manage the coastal waters and adjacent land.

In response to this recommendation, Congress in 1972 enacted coastal zone management legislation to balance coastal development and preservation needs. To encourage State participation, the CZMA established a voluntary, two-stage, State assistance program. The first stage involves the award of section 305 grants to coastal States for development of coastal management programs meeting certain Federal requirements. State programs which were judged by the Secretary of Commerce to meet those requirements received Federal approval and became eligible for the second stage of grants. This second stage, under section 306, provides ongoing assistance for States to implement their federally approved coastal programs. All grants require equal matching funds from the State. Since passage of the CZMA, all 34 eligible State and territories have participated in the program to some degree. Of the original 34 participants, 29--24 States and five territories--currently have programs which have achieved federally approved status. Only five States are not actively participating in the program: Georgia, Texas, Indiana, Minnesota, and Ohio. Considering the 29 programs for which Federal approval has been attained, the national CZM network covers in excess of 93 percent of the Nation's marine and Great Lakes coastline.

The nature and structure of CZM programs vary widely from State to State. This diversity was intended by Congress. Some States, like North Carolina, passed comprehensive legislation as a framework for coastal management. Other States, like Oregon, used existing land use legislation as the foundation for their federally approved programs. Finally, States like Florida and Massachusetts networked existing, single-purpose laws into a comprehensive umbrella for coastal management. The national program, therefore, is founded in the authorities and powers of the coastal States and local governments. Through the CZMA, these collective authorities are orchestrated to serve the ``national interest in effective management, beneficial use, protection, and development of the coastal zone.'' This 24-year program is a success story of how the local, State, and Federal Government can work together for the benefit of all who enjoy and rely on our coastal resources. H.R. 1965 is a simple 3-year reauthorization of a program that works well.

Mr. GRASSLEY. Mr. President, I ask unanimous consent that the bill be deemed read a third time and passed; that the motion to reconsider be laid upon the table; and that any statements relating to the bill appear at the appropriate place in the Record.

The PRESIDING OFFICER. Without objection, it is so ordered.

The bill (H.R. 1965) was deemed read the third time and passed.

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SOURCE: Congressional Record Vol. 142, No. 72