16 U.S.C. § 1452 — Congressional declaration of policy

Page 1874 TITLE 16—CONSERVATION § 1452 1 So in original. The period probably should be a comma. FINDINGS AND PURPOSE OF COASTAL ZONE ACT REAUTHORIZATION AMENDMENTS OF 1990 Pub. L. 101–508, title VI, § 6202, Nov. 5, 1990, 104 Stat. 1388–299, provided that: ‘‘(a) FINDINGS.—Congress finds and declares the fol- lowing: ‘‘(1) Our oceans, coastal waters, and estuaries con- stitute a unique resource. The condition of the water quality in and around the coastal areas is signifi- cantly declining. Growing human pressures on the coastal ecosystem will continue to degrade this re- source until adequate actions and policies are imple- mented. ‘‘(2) Almost one-half of our total population now lives in coastal areas. By 2010, the coastal population will have grown from 80,000,000 in 1960 to 127,000,000 people, an increase of approximately 60 percent, and population density in coastal counties will be among the highest in the Nation. ‘‘(3) Marine resources contribute to the Nation’s economic stability. Commercial and recreational fishery activities support an industry with an esti- mated value of $12,000,000,000 a year. ‘‘(4) Wetlands play a vital role in sustaining the coastal economy and environment. Wetlands support and nourish fishery and marine resources. They also protect the Nation’s shores from storm and wave damage. Coastal wetlands contribute an estimated $5,000,000,000 to the production of fish and shellfish in the United States coastal waters. Yet, 50 percent of the Nation’s coastal wetlands have been destroyed, and more are likely to decline in the near future. ‘‘(5) Nonpoint source pollution is increasingly rec- ognized as a significant factor in coastal water deg- radation. In urban areas, storm water and combined sewer overflow are linked to major coastal problems, and in rural areas, run-off from agricultural activi- ties may add to coastal pollution. ‘‘(6) Coastal planning and development control measures are essential to protect coastal water qual- ity, which is subject to continued ongoing stresses. Currently, not enough is being done to manage and protect our coastal resources. ‘‘(7) Global warming results from the accumulation of man-made gases, released into the atmosphere from such activities as the burning of fossil fuels, de- forestation, and the production of chlorofluorocarbons, which trap solar heat in the at- mosphere and raise temperatures worldwide. Global warming could result in significant global sea level rise by 2050 resulting from ocean expansion, the melt- ing of snow and ice, and the gradual melting of the polar ice cap. Sea level rise will result in the loss of natural resources such as beaches, dunes, estuaries, and wetlands, and will contribute to the salinization of drinking water supplies. Sea level rise will also re- sult in damage to properties, infrastructures, and public works. There is a growing need to plan for sea level rise. ‘‘(8) There is a clear link between coastal water quality and land use activities along the shore. State management programs under the Coastal Zone Man- agement Act of 1972 (16 U.S.C. 1451 et seq.) are among the best tools for protecting coastal resources and must play a larger role, particularly in improving coastal zone water quality. ‘‘(9) All coastal States should have coastal zone management programs in place that conform to the Coastal Zone Management Act of 1972, as amended by this Act. ‘‘(b) PURPOSE.—It is the purpose of Congress in this subtitle [see Short Title of 1990 Amendment note above] to enhance the effectiveness of the Coastal Zone Management Act of 1972 [16 U.S.C. 1451 et seq.] by in- creasing our understanding of the coastal environment and expanding the ability of State coastal zone man- agement programs to address coastal environmental problems.’’ ESTABLISHMENT OF POSITIONS AND FIXING OF COM- PENSATION BY SECRETARY OF COMMERCE; APPOINT- MENTS Pub. L. 94–370, § 15(c), July 26, 1976, 90 Stat. 1032, re- lated to establishment and compensation of four new positions without regard to the provisions of chapter 51 of Title 5, Government Organization and Employees, prior to repeal by Pub. L. 99–272, title VI, § 6045(3), Apr. 7, 1986, 100 Stat. 127. Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. EXECUTIVE ORDER NO. 13554 Ex. Ord. No. 13554, Oct. 5, 2010, 75 F.R. 62313, which es- tablished the Gulf Coast Ecosystem Restoration Task Force, was revoked, concurrent with the termination of the Task Force, by Ex. Ord. No. 13626, § 6(d), Sept. 10, 2012, 77 F.R. 56752, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters. § 1452. Congressional declaration of policy The Congress finds and declares that it is the national policy— (1) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation’s coastal zone for this and suc- ceeding generations; (2) to encourage and assist the states to ex- ercise effectively their responsibilities in the coastal zone through the development and im- plementation of management programs to achieve wise use of the land and water re- sources of the coastal zone, giving full consid- eration to ecological, cultural, historic, and esthetic values as well as the needs for com- patible economic development, which pro- grams should at least provide for— (A) the protection of natural resources, in- cluding wetlands, flood plains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, with- in the coastal zone, (B) the management of coastal develop- ment to minimize the loss of life and prop- erty caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, land subsidence, and saltwater intru- sion, and by the destruction of natural pro- tective features such as beaches, dunes, wet- lands, and barrier islands.1 (C) the management of coastal develop- ment to improve, safeguard, and restore the quality of coastal waters, and to protect nat- ural resources and existing uses of those wa- ters, (D) priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent prac- Page 1875 TITLE 16—CONSERVATION § 1453 ticable, of new commercial and industrial developments in or adjacent to areas where such development already exists, (E) public access to the coasts for recre- ation purposes, (F) assistance in the redevelopment of de- teriorating urban waterfronts and ports, and sensitive preservation and restoration of his- toric, cultural, and esthetic coastal features, (G) the coordination and simplification of procedures in order to ensure expedited gov- ernmental decisionmaking for the manage- ment of coastal resources, (H) continued consultation and coordina- tion with, and the giving of adequate consid- eration to the views of, affected Federal agencies, (I) the giving of timely and effective noti- fication of, and opportunities for public and local government participation in, coastal management decisionmaking, (J) assistance to support comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aqua- culture facilities within the coastal zone, and improved coordination between State and Federal coastal zone management agen- cies and State and wildlife agencies, and (K) the study and development, in any case in which the Secretary considers it to be ap- propriate, of plans for addressing the adverse effects upon the coastal zone of land subsid- ence and of sea level rise; and (3) to encourage the preparation of special area management plans which provide for in- creased specificity in protecting significant natural resources, reasonable coastal-depend- ent economic growth, improved protection of life and property in hazardous areas, including those areas likely to be affected by land sub- sidence, sea level rise, or fluctuating water levels of the Great Lakes, and improved pre- dictability in governmental decisionmaking; (4) to encourage the participation and co- operation of the public, state and local govern- ments, and interstate and other regional agen- cies, as well as of the Federal agencies having programs affecting the coastal zone, in car- rying out the purposes of this chapter; (5) to encourage coordination and coopera- tion with and among the appropriate Federal, State, and local agencies, and international organizations where appropriate, in collection, analysis, synthesis, and dissemination of coastal management information, research re- sults, and technical assistance, to support State and Federal regulation of land use prac- tices affecting the coastal and ocean resources of the United States; and (6) to respond to changing circumstances af- fecting the coastal environment and coastal resource management by encouraging States to consider such issues as ocean uses poten- tially affecting the coastal zone. (Pub. L. 89–454, title III, § 303, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1281; amended Pub. L. 96–464, § 3, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101–508, title VI, § 6203(b), Nov. 5, 1990, 104 Stat. 1388–301; Pub. L. 102–587, title II, § 2205(b)(2), Nov. 4, 1992, 106 Stat. 5050.) Editorial Notes AMENDMENTS 1992—Par. (2). Pub. L. 102–587 made technical amend- ment to directory language of Pub. L. 101–508, § 6203(b)(1). See 1990 Amendment note below. 1990—Par. (2). Pub. L. 101–508, § 6203(b)(1), as amended by Pub. L. 102–587, substituted ‘‘as well as the needs for compatible’’ for ‘‘as well as to needs for’’. Par. (2)(B). Pub. L. 101–508, § 6203(b)(2), substituted ‘‘likely to be affected by or vulnerable to sea level rise, land subsidence,’’ for ‘‘of subsidence’’. Par. (2)(C) to (J). Pub. L. 101–508, § 6203(b)(3), redesig- nated subpars. (C) to (I) as (D) to (J), respectively, and added subpar. (C). Par. (2)(K). Pub. L. 101–508, § 6203(b)(4), added subpar. (K). Par. (3). Pub. L. 101–508, § 6203(b)(5), inserted ‘‘includ- ing those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes,’’ after ‘‘hazardous areas,’’. Pars. (5), (6). Pub. L. 101–508, § 6203(b)(6), added pars. (5) and (6). 1980—Pub. L. 96–464, in amending section generally, expanded declaration of policy to provide for higher level of protection for significant natural coastal re- sources and inserted provisions for special area man- agement planning to increase predictability for nec- essary coastal-dependent economic growth, improve hazard mitigation, and improve predictability in gov- ernment decisionmaking. § 1453. Definitions For purposes of this chapter— (1) The term ‘‘coastal zone’’ means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in prox- imity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes wa- ters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917 (48 U.S.C. 749) [48 U.S.C. 731 et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as ap- proved by the Act of March 24, 1976 [48 U.S.C. 1801 et seq.], or section 1 of the Act of Novem- ber 20, 1963 (48 U.S.C. 1705), as applicable. 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, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the coastal zone are lands the use of which is by law subject solely to the dis- cretion of or which is held in trust by the Fed- eral Government, its officers or agents. (2) The term ‘‘coastal resource of national significance’’ means any coastal wetland, beach, dune, barrier island, reef, estuary, or fish and wildlife habitat, if any such area is determined by a coastal state to be of substan- tial biological or natural storm protective value. (3) The term ‘‘coastal waters’’ means (A) in the Great Lakes area, the waters within the