[Congressional Record Volume 142, Number 72 (Tuesday, May 21, 1996)]
[Senate]
[Pages S5459-S5460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         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

[[Page S5460]]

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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